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###### Department of Labor

###### Employment and Training Administration

# AGENCY:

Employment and Training Administration, Labor.

# ACTION:

Notice of publication.

# SUMMARY:

The Department of Labor's (DOL) Employment and Training Administration (ETA) is publishing Training and Employment Guidance Letter (TEGL) No. 11-07, Change 2, which rescinds TEGL No. 11-07, Change 1. The 2008 Final Rule implementing the H-2A Temporary Agricultural Worker Program, 73 FR 77109, Dec. 18, 2008 mirrors the clarification guidance of TEGL 11-07, Change 1, making the TEGL unnecessary and redundant.

# DATES:

This Notice of Publication is effective September 21, 2009.

# FOR FURTHER INFORMATION CONTACT:

For information on the H-2A labor certification process governed by this publication, contact William L. Carlson, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210. Telephone: (202) 693-3010 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone via TTY by calling the toll-free Federal Information Relay Service at 1-800-877-8339.

# SUPPLEMENTARY INFORMATION:

## Background

On November 14, 2007, the Department published TEGL No. 11-07, Change 1 that provided additional guidance to the State Workforce Agencies (SWAs) and ETA National Processing Centers (NPCs) involved in the processing of H-2A labor certification applications for temporary agricultural employment of foreign workers in the United States. Specifically, the clarifications provided direction to employer application filing, recruitment and housing standards.

## Need for Rescission

                    On December 18, 2008 the Department published in the                     **Federal Register**                     final regulations that re-engineered the H-2A temporary agricultural workers program. These regulations went into effect on January 17, 2009. The regulations fully address employers' obligations with respect to applications, recruitment, and housing standards making TEGL 11-07, Change 1 redundant and unnecessary. In addition, the re-engineering of the H-2A program revised the role of both the NPC and the SWAs, making portions of the TEGL inaccurate. The Department no longer requires the guidance provided in TEGL No. 11-07, Change 1 and is rescinding TEGL 11-07, Change 1.                

Signed in Washington, DC this 26th day of August, 2009.

Jane Oates,

Assistant Secretary, Employment and Training Administration.

[FR Doc. E9-22508 Filed 9-18-09; 8:45 am]

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