This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

12723 

Vol. 77, No. 42 

Friday, March 2, 2012 

1There a brief period of deviation beginning 

January 17, 2009 through March 14, 2010, where we 

decided to use the Bureau of Labor Statistics 

Occupational Employment Statistics Survey rather 

than the FLS to set the AEWR. See ‘‘Temporary 

Agricultural Employment of H–2A Aliens in the 

United States; Modernizing the Labor Certification 

Process and Enforcement, Final Rule’’, 73 FR 77110, 

Dec. 18, 2008. 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

Labor Certification Process for the 

Temporary Employment of Aliens in 

Agriculture in the United States; 

Announcement of Non-Material 

Change to the Farm Labor Survey 

Used for Determining the Adverse 

Effect Wage Rate 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Announcement of non-material 

change. 

SUMMARY: Under the Department of 

Labor’s (we or the Department) H–2A 

temporary labor certification program, 

Adverse Effect Wage Rates (AEWRs) are 

the minimum wage rates the 

Department has determined must be 

offered and paid by employers to H–2A 

workers and workers in corresponding 

employment for a particular occupation 

and area such that the wages of 

similarly employed United States (U.S.) 

workers will not be adversely affected. 

20 CFR 655.100(b). AEWRs are derived 

from the Farm Labor Survey (FLS) 

issued by the U.S. Department of 

Agriculture’s (USDA) National 

Agricultural Statistics Service (NASS). 

In the interest of government 

transparency, we are publishing this 

document to announce a non-material 

change in the frequency of 

establishment surveys under the FLS 

(and its accompanying publication) 

beginning in 2012. 

DATES: This announcement is effective 

March 2, 2012. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, Ph.D., 

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 number above via 

TTY calling the toll-free Federal 

Information Relay Service as 1–877– 

889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: The U.S. 

Citizenship and Immigration Services of 

the Department of Homeland Security 

will not approve an employer’s petition 

for the admission of H–2A 

nonimmigrant temporary agricultural 

workers in the U.S. unless the petitioner 

has received from the Department an H– 

2A labor certification. The labor 

certification provides that: (1) There are 

not sufficient U.S. workers who are able, 

willing, and qualified and who will be 

available at the time and place needed 

to perform the labor or services involved 

in the petition; and (2) the employment 

of the foreign worker(s) in such labor or 

services will not adversely affect the 

wages and working conditions of 

workers in the U.S. similarly employed. 

8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), 

and 1188(a); 8 CFR 214.2(h)(5). 

The Department’s H–2A regulations at 

20 CFR 655.120(a) provide that 

employers must pay their H–2A workers 

and workers in corresponding 

employment at least the highest of: (i) 

The AEWR; (ii) the prevailing wage; (iii) 

the prevailing piece rate; (iv) the agreedupon collective bargaining wage, if 

applicable; or (v) the Federal or State 

minimum wage, in effect at the time the 

work is performed. The H–2A 

regulations define the AEWR as ‘‘[t]he 

annual weighted average hourly wage 

for field and livestock workers 

(combined) in the States or regions as 

published annually by the U.S. 

Department of Agriculture (USDA) 

based upon its quarterly wage survey.’’ 

20 CFR 655.103(a) and (b). 

NASS historically has conducted the 

FLS on which the AEWR is based. The 

FLS provides quarterly statistics on the 

number of agricultural workers; hours 

worked, and wage rates. We have relied 

upon the FLS since 1987 1 as the basis 

for setting the AEWR. We explain our 

reasons in great detail in the preamble 

of the ‘‘Temporary Agricultural 

Employment of H–2A Aliens in the 

United States; Final Rule’’, 75 FR 6884, 

6891–6901, Feb. 12, 2010 (the 2010 H– 

2A Rule). However, we are publishing 

several clarifications in light of recent 

changes to the method by which the 

FLS is conducted. 

We stated in the preamble to the 2010 

H–2A Final Rule that 

[t]he FLS is conducted each year in January, 

April, July and October, and results are 

published the following month. 

We also stated in the preamble that: 

The FLS and publication schedule provide 

timely data for purposes of calculating the 

relevant State AEWRs. Specifically, the FLS 

is routinely available and published within 1 

month of the survey date. The quarterly 

gathering of data ensures that the annual 

averages are more accurately reflective of the 

fluctuations of farm labor patterns, which are 

by definition seasonal and thus more subject 

to fluctuation than other occupations. 

However, beginning calendar year 

2012, NASS will conduct the FLS semiannually and collect data for January 

and April during April and collect data 

for July and October during October. In 

other words, NASS will continue to 

collect data from all four quarters but 

will only survey the establishments 

twice a year, with publication of the 

results the following month. Other than 

this change in frequency in which 

establishments are surveyed, and the 

accompanying publication of the 

results, the FLS remains the same as 

described in the preamble to the 2010 

H–2A Rule. NASS will continue to 

include its annual average estimate for 

wage rates, based on data collected from 

all four quarters of the year, in the 

October FLS report which is published 

in November. 

The change in how frequently 

establishments are surveyed (and the 

accompanying publication of those 

results) does not change the statistical 

validity of the FLS. In the fall of 2011, 

NASS conducted an internal review and 

found that there was not enough 

evidence to conclude that collecting 

quarterly data at 3 months after the 

estimation period resulted in a 

statistically significant recall bias. 

Accordingly, the definition of AEWR at 


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12724 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 

2Although the definition of AEWR refers to 

‘‘quarterly surveys,’’ we do not believe that it is 

necessary to replace that reference with ‘‘semiannual surveys,’’ as the NASS will continue to 

collect wage data from all four quarters and the 

annual weighted average hourly wage for field and 

livestock workers (combined) in the States or 

regions would continue to be based upon that 

quarterly wage data. 

20 CFR 655.103(b) 2 and the justification 

for returning to the FLS as the basis for 

the AEWR continue to apply and are not 

materially affected by this procedural 

change. 

Signed in Washington, DC, this 28th day of 

February, 2012. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2012–5201 Filed 2–29–12; 4:15 pm] 

BILLING CODE 4510–FP–P 

POSTAL SERVICETM

39 CFR Part 20 

International Postal Service—Global 

Expedited Package Services (GEPS) 

Contracts 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service will revise 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM®) to incorporate a change 

concerning the requirements that a 

mailer must meet in order to qualify for 

a Global Expedited Package Services 

(GEPS) contract. 

DATES: Effective date: April 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Margaret M. Falwell, 202–268–2576. 

SUPPLEMENTARY INFORMATION: The 

United States Postal Service® gives 

notice that, on January 30, 2012, the 

Postal Service filed with the Postal 

Regulatory Commission a notice of a 

minor classification change for the 

international competitive product 

Global Expedited Package Services 

(GEPS) Contracts. The minor 

classification change concerns the 

requirements that a mailer must meet in 

order to qualify for a GEPS contract. 

This change is designed for consistency 

with published commercial plus pricing 

discounts for Express Mail International 

and Priority Mail International. The 

Commission concurred with the notice 

in its Order No. 1225, issued on 

February 10, 2012. Documents are 

available at www.prc.gov, Docket No. 

MC2012–8. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

Accordingly, 39 CFR Part 20 is 

amended as follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 20 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 407, 414, 416, 3001–3011, 

3201–3219, 3403–3406, 3621, 3622, 3626, 

3632, 3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM), as follows: 

* * * * * 

2 Conditions for Mailing 

* * * * * 

297 Customized Agreements 

* * * * * 

297.2 Qualifying Mailers 

[Revise IMM 297.2 as follows:] 

To qualify for a GEPS contract, a 

mailer must be capable, on an 

annualized basis, of paying at least 

$200,000 in international postage to the 

Postal Service. 

* * * * * 

We will publish an amendment to 39 

CFR part 20 to reflect these changes. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2012–5049 Filed 3–1–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0850–201154(a); 

FRL–9639–8] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Macon; Fine Particulate Matter 2002 

Base Year Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the fine particulate 

matter (PM2.5) 2002 base year emissions 

inventory, portion of the State 

Implementation Plan (SIP) revision 

submitted by the State of Georgia on 

August 17, 2009. The emissions 

inventory is part of the Macon, Georgia 

(hereafter referred to as ‘‘the Macon 

Area’’ or ‘‘Area’’), PM2.5 attainment 

demonstration that was submitted for 

the 1997 annual PM2.5 National Ambient 

Air Quality Standards (NAAQS). This 

action is being taken pursuant to section 

110 of the Clean Air Act (CAA or Act). 

DATES: This direct final rule is effective 

May 1, 2012 without further notice, 

unless EPA receives adverse comment 

by April 2, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0850, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2011– 

0850,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0850. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at www.

regulations.gov, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit through www.regulations.gov 

or email, information that you consider 

to be CBI or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through www.

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the public docket and made available on 

the Internet. If you submit an electronic 

comment, EPA recommends that you 


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