15740 Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Notices 

Under the third modification that was 

lodged on February 22, 2013, in 

exchange for providing AEP an 

extension of time for the installation of 

FGD technology on Units 1 and 2 at the 

Rockport Plant, AEP agrees to the 

following: (1) To install interim 

emission controls that will begin to 

reduce SO2 emissions from the Rockport 

Plant earlier than required under the 

original Consent Decree; (2) to accept a 

declining annual tonnage limitation for 

SO2 for the Rockport Plant; (3) to 

substantial reductions in the SystemWide SO2 emission cap provided for in 

the original consent decree; (4) to 

shutdown, repower or control three 

units (Big Sandy Unit 2, Muskingum 

River 5 and Tanners Creek Unit 4); (5) 

to the installation of 200 MW of 

renewable energy; (6) to provide the 

State Co-Plaintiffs with $6 million in 

additional mitigation funding; and (7) to 

provide the Citizen Plaintiffs with $2.5 

million in mitigation funding for 

Indiana specific projects. 

The publication of this notice opens 

a period of public comment on the third 

modification. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States, et al. v. American Electric 

Power Services Corp., D. J. Ref. No. 90– 

5–2–1–06893. All comments must be 

submitted no later than thirty (30) days 

after the publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By e-mail ........ pubcomment-ees.enrd@

usdoj.gov. 

By mail ........... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, 

DC 20044–7611. 

During the public comment period, 

the third modification may be examined 

and downloaded at this Department of 

Justice Web site: http://www.usdoj.gov/ 

enrd/Consent_Decrees.html. We will 

provide a paper copy of the third 

modification upon written request and 

payment of reproduction costs. Please 

mail your request and payment to: 

Consent Decree Library, U.S. DOJ— 

ENRD, P.O. Box 7611, Washington, DC 

20044–7611. 

Please enclose a check in the amount 

of $7.50 (25 cents per page reproduction 

cost) payable to the United States 

Treasury. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2013–05601 Filed 3–11–13; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; 

Occupational Code Assignment 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Employment 

and Training Administration (ETA) 

sponsored information collection 

request (ICR) titled, ‘‘Occupational Code 

Assignment,’’ to the Office of 

Management and Budget (OMB) for 

review and approval for continued use 

in accordance with the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

3501 et seq.). 

DATES: Submit comments on or before 

April 11, 2013. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site, http://www.reginfo.gov/ 

public/do/PRAMain, on the day 

following publication of this notice or 

by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–ETA, Office of 

Management and Budget, Room 10235, 

725 17th Street NW., Washington, DC 

20503, Fax: 202–395–6881 (this is not a 

toll-free number), email: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

4129 (this is not a toll-free number) or 

by email at DOL_PRA_PUBLIC@dol.gov. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

SUPPLEMENTARY INFORMATION: 

Information collected on the 

Occupational Code Assignment Form 

(Form ETA–741) is necessary to help 

occupational information users relate an 

occupational specialty or job title to an 

occupational code and title within the 

framework of the Occupational 

Information Network. The form helps 

provide occupational codes for jobs 

where duties have changed to the extent 

that the published information is no 

longer appropriate or the user is unable 

to classify the job on his or her own. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1205–0137. The current 

approval is scheduled to expire on 

March 31, 2013; however, it should be 

noted that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

For additional information, see the 

related notice published in the Federal 

Register on November 21, 2012 (77 FR 

69897). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1205– 

0137. The OMB is particularly 

interested in comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Notices 15741 

1Consumer Price Index—December 2012, 

published January 16, 2013 at http://data.bls.gov/ 

pdq/SurveyOutputServlet 

2Maximum Per Diem Rates for the Continental 

United States (CONUS), 77 FR 54578 (Sept. 5, 

2012); see also www.gsa.gov/perdiem. 

e.g., permitting electronic submission of 

responses. 

Agency: DOL–ETA. 

Title of Collection: Occupational Code 

Assignment. 

OMB Control Number: 1205–0137. 

Affected Public: State, Local, and 

Tribal Governments. 

Total Estimated Number of 

Respondents: 14. 

Total Estimated Number of 

Responses: 14. 

Total Estimated Annual Burden 

Hours: 7. 

Total Estimated Annual Other Costs 

Burden: $0. 

Dated: March 5, 2013. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2013–05581 Filed 3–11–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Labor Certification Process for the 

Temporary Employment of Aliens in 

Agriculture in the United States: 2013 

Allowable Charges for Agricultural 

Workers’ Meals and Travel 

Subsistence Reimbursement, 

Including Lodging 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (Department) is 

issuing this Notice to announce (1) the 

allowable charges for 2013 that 

employers seeking H–2A workers may 

charge their workers when the employer 

provides three meals a day, and (2) the 

maximum travel subsistence meal 

reimbursement that a worker with 

receipts may claim in 2013. The Notice 

also includes a reminder regarding 

employers’ obligations with respect to 

overnight lodging costs as part of 

required subsistence. 

DATES: Effective Date: This notice is 

effective on March 12, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, Ph.D., 

Administrator, Office of Foreign Labor 

Certification (OFLC), U.S. Department of 

Labor, Room C–4312, 200 Constitution 

Avenue NW., Washington, DC 20210. 

Telephone: 202–693–3010 (this is not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: The 

United States (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 H–2A 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). 

Allowable Meal Charge 

Among the minimum benefits and 

working conditions that the Department 

requires employers to offer their U.S. 

and H–2A workers are three meals a day 

or free and convenient cooking and 

kitchen facilities. 20 CFR 655.122(g). 

Where the employer provides the meals, 

the job offer must state the charge, if 

any, to the worker for such meals. Id. 

The Department provides, at 20 CFR 

655.173(a), the methodology for 

determining the maximum amounts that 

H–2A agricultural employers may 

charge their U.S. and foreign workers for 

providing them with three meals per 

day during employment. This 

methodology provides for annual 

adjustments of the previous year’s 

maximum allowable charge based upon 

updated Consumer Price Index (CPI) 

data. The maximum charge allowed by 

20 CFR 655.122(g) is adjusted by the 

same percentage as the 12-month 

percent change in the CPI for all Urban 

Consumers for Food (CPI–U for Food) 1. 

The OFLC Certifying Officer may also 

permit an employer to charge workers a 

higher amount for providing them with 

three meals a day, if the higher amount 

is justified and sufficiently documented 

by the employer, as set forth in 20 CFR 

655.173(b). 

The Department has determined that 

the percentage change between 

December of 2011 and December of 

2012 for the CPI–U for Food was 2.6 

percent. Accordingly, the maximum 

allowable charge under 20 CFR 

655.122(g) shall be no more than $11.42 

per day, unless the OFLC Certifying 

Officer approves a higher charge as 

authorized under 20 CFR 655.173(b). 

Reimbursement for Daily Travel 

Subsistence 

The regulations at 20 CFR 655.122(h) 

establish that the minimum daily travel 

subsistence expense for meals, for 

which a worker is entitled to 

reimbursement, must be at least as 

much as the employer would charge for 

providing the worker with three meals 

a day during employment (if 

applicable), but in no event less than the 

amount permitted under § 655.173(a), 

i.e. the charge annually adjusted by the 

12-month percentage change in CPI for 

all Urban Consumers for food. The 

regulation is silent about the maximum 

amount to which a qualifying worker is 

entitled. 

The Department bases the maximum 

meals component of the daily travel 

subsistence expense on the standard 

minimum Continental United States 

(CONUS) per diem rate as established 

by the General Services Administration 

(GSA) at 41 CFR part 301, formerly 

published in Appendix A, and now 

found at www.gsa.gov/perdiem. The 

CONUS minimum meals component 

remains $46.00 per day for 2013.2

Workers who qualify for travel 

reimbursement are entitled to 

reimbursement for meals up to the 

CONUS meal rate when they provide 

receipts. In determining the appropriate 

amount of reimbursement for meals for 

less than a full day, the employer may 

provide for meal expense 

reimbursement, with receipts, to 75 

percent of the maximum reimbursement 

for meals of $34.50, as provided for in 

the GSA per diem schedule. If a worker 

has no receipts, the employer is not 

obligated to reimburse above the 

minimum stated at 20 CFR 655.173(a) as 

specified above. 

The term ‘‘subsistence’’ includes both 

meals and lodging during travel to and 

from the worksite. Therefore, an 

employer is responsible for providing, 

paying in advance, or reimbursing a 

worker for the reasonable costs of 

transportation and daily subsistence 

between the employer’s worksite and 

the place from which the worker comes 

to work for the employer, if the worker 

completes 50 percent of the work 

contract period, and upon the worker 

completing the contract, return costs. In 

those instances where a worker must 

travel to obtain a visa so that the worker 

may enter the U.S. to come to work for 

the employer, the employer must pay 

for the transportation and daily 

subsistence costs of that part of the 

travel as well. 

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