Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices 19965 

and prevailing working conditions, such 

as hours of work; and 

4. The job opportunity contains 

requirements or conditions which 

preclude consideration of U.S. workers 

or which otherwise prevent their 

effective recruitment, such as: 

a. The job opportunity is vacant 

because the former occupant is on strike 

or locked out in the course of a labor 

dispute involving a work stoppage or 

the job is at issue in a labor dispute 

involving a work stoppage; 

b. The job opportunity’s terms, 

conditions, and/or occupational 

environment are contrary to Federal, 

state, or local law; 

c. The employer has no location 

within the U.S. to which domestic 

workers can be referred and hired for 

employment; 

d. The employer will not pay a wage 

or salary for the job to be performed; 

e. The job’s requirements are unduly 

restrictive or represent a combination of 

duties not normal to the occupation; or 

f. The employer has not recruited U.S. 

workers according to DOL policies and 

procedures. 

B. If the NPC Certifying Officer issues 

a notice that a certification is denied or 

cannot be made, the Final 

Determination letter shall: 

1. Detail the reasons why certification 

cannot be made; 

2. If applicable, address the 

availability of U.S. workers in the 

occupation as well as the prevailing 

wages and working conditions of 

similarly employed U.S. workers in the 

occupation; 

3. Indicate the specific DOL policies 

the employer should have, but did not, 

follow; and 

4. Advise the employer of the right to 

appeal by submit countervailing 

evidence directly to the USCIS. 

C. If the NPC Certifying Officer issues 

a temporary labor certification, it shall 

be for the entire duration of the 

temporary employment opportunity 

identified on the ETA Form 750, Part A. 

If extraordinary circumstances establish 

a need that requires the non-agricultural 

services or labor for more than one year, 

a new application must be filed; 

D. The date on the temporary labor 

certification shall be the beginning and 

ending dates of certified employment 

and the date certification was granted. 

The beginning date of certified 

employment may not be earlier than the 

date certification was granted. 

VI. Document Transmittal 

A. After making a temporary labor 

certification determination, the NPC 

Certifying Officer shall notify the 

employer, in writing, of the final 

determination; 

B. If certification is granted, the NPC 

Certifying Officer shall send the 

certified application containing the 

official temporary labor certification 

stamp and a Final Determination letter 

to the employer or, if appropriate, the 

employer’s agent or attorney. The Final 

Determination letter shall direct the 

employer to submit all documents 

together with the employer’s petition to 

the appropriate USCIS Office; 

C. If a notice is issued that 

certification has been denied or cannot 

be made, the NPC Certifying Officer 

shall return one copy of the Application 

for Alien Employment Certification, 

ETA Form 750, supporting documents, 

and the Final Determination letter to the 

employer, or, if appropriate, to the 

employer’s agent or attorney. 

VII. Appeal of Notice That A 

Certification Cannot Be Made 

A. The finding by the NPC Certifying 

Officer, that a certification cannot be 

made, is the final decision of the 

Secretary of Labor and is advisory to the 

USCIS. There is no provision for 

reconsideration or appeal of the 

decision within DOL; 

B. In accordance with the USCIS 

regulations at 8 CFR Part 

214.2(h)(6)(iv)(E), the employer may 

submit countervailing evidence directly 

to the USCIS that qualified persons in 

the U.S. are not available, that the 

employer’s need for the duties to be 

performed is represented as temporary, 

that wages and working conditions of 

U.S. workers will not be adversely 

affected, and that the DOL’s 

employment policies were observed. 

VIII. Validity of Temporary Labor 

Certifications 

A temporary labor certification is 

valid only for the number of aliens, the 

occupation, the area of employment, the 

specific occupation and duties, the 

period of time, and the employer 

specified on the Application for Alien 

Employment Certification, ETA Form 

750. 

[FR Doc. E7–7521 Filed 4–19–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Request for Certification of 

Compliance—Rural Industrialization 

Loan and Grant Program 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration is issuing this 

notice to announce the receipt of a 

‘‘Certification of Non-Relocation and 

Market and Capacity Information 

Report’’ (Form 4279–2) for the 

following: 

Applicant/Location: Student 

Assistance Foundation/Helena, 

Montana. 

Principal Product: The loan, 

guarantee, or grant application is to 

construct a new primary office facility, 

refinance an existing office facility, and 

refinance land already acquired. The 

NAICS industry code for this enterprise 

is: 522294 Secondary Market Financing. 

DATES: All interested parties may submit 

comments in writing no later than May 

4, 2007. Copies of adverse comments 

received will be forwarded to the 

applicant noted above. 

ADDRESSES: Address all comments 

concerning this notice to Anthony D. 

Dais, U.S. Department of Labor, 

Employment and Training 

Administration, 200 Constitution 

Avenue, NW., Room S–4231, 

Washington, DC 20210; or e-mail 

Dais.Anthony@dol.gov; or transmit via 

fax 202–693–3015 (this is not a toll-free 

number). 

FOR FURTHER INFORMATION CONTACT: 

Anthony D. Dais, at telephone number 

(202) 693–2784 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: Section 

188 of the Consolidated Farm and Rural 

Development Act of 1972, as established 

under 29 CFR part 75, authorizes the 

United States Department of Agriculture 

(USDA) to make or guarantee loans or 

grants to finance industrial and business 

activities in rural areas. The Secretary of 

Labor must review the application for 

financial assistance for the purpose of 

certifying to the Secretary of Agriculture 

that the assistance is not calculated, or 

likely, to result in: (a) A transfer of any 

employment or business activity from 

one area to another by the loan 

applicant’s business operation; or, (b) 

An increase in the production of goods, 

materials, services, or facilities in an 

area where there is not sufficient 

demand to employ the efficient capacity 

of existing competitive enterprises 

unless the financial assistance will not 

have an adverse impact on existing 

competitive enterprises in the area. The 

Employment and Training 

Administration (ETA) within the 

Department of Labor is responsible for 

the review and certification process. 

Comments should address the two bases 

for certification and, if possible, provide 

data to assist in the analysis of these 

issues. 


sroberts on PROD1PC70 with NOTICES
19966 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices 

Signed at Washington, DC, this 16th day of 

April, 2007. 

Gay M. Gilbert, 

Administrator, Office of Workforce 

Investment, Employment and Training 

Administration. 

[FR Doc. E7–7507 Filed 4–19–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Employment and Training 

Administration Workforce Investment 

Act—Migrants and Seasonal 

Farmworkers Program—Solicitation for 

Grant Applications—National 

Farmworker Jobs Program, Housing 

Assistance for Program Year 2007 

AGENCY: U.S. Department of Labor, 

Employment and Training 

Administration. 

ACTION: New. Initial announcement of a 

grant competition for operating the 

Housing Assistance portion of the 

National Farmworker Jobs Program 

(NFJP), under section 167 of the 

Workforce Investment Act of 1998 

(WIA), 29 U.S.C. 2912. 

Funding Opportunity Number: SGA/ 

DFA–PY 06–05. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 17.264. 

SUMMARY: The U.S. Department of Labor 

(the Department or DOL), Employment 

and Training Administration (ETA), 

Office of Workforce Investment (OWI), 

Division of Adult Services (DAS), 

announces a grant competition for 

operating the housing assistance portion 

of the National Farmworker Jobs 

Program (NFJP), under section 167 of 

the Workforce Investment Act of 1998 

(WIA), 29 U.S.C. 2912. All applicants 

for grant funds should read this notice 

in its entirety. 

Section 167, paragraph (a) of WIA 

requires the Secretary to award grants or 

contracts on a competitive basis to 

eligible entities for the purposes of 

carrying out the activities authorized 

under section 167. Although housing 

assistance is identified in WIA as one of 

the allowable activities under the NFJP, 

Congressional appropriations language 

directs the Department to make 

available a specific amount of the funds 

appropriated for the NFJP for migrant 

and seasonal farmworkers housing 

assistance grants, and that no less than 

70 percent of the specified amount must 

be used for permanent housing 

activities. Therefore, under this 

solicitation, of the $4,950,000 

appropriated for NFJP Housing 

assistance, approximately $3,465,000 

will be available for permanent housing 

assistance and approximately 

$1,485,000 for temporary and/or 

emergency housing assistance. 

DATES: Key Dates: The closing date for 

receipt of applications under this 

announcement is May 29, 2007. 

Applications must be received at the 

address below no later than 5 p.m. 

Eastern Time. 

ADDRESSES: Applications must be 

directed to the U.S. Department of 

Labor, Employment and Training 

Administration, Division of Federal 

Assistance, Attention: James Stockton, 

Room N–4673, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

SUPPLEMENTARY INFORMATION: 

Supplementary Information 

Funding Opportunity Description 

The U.S. Department of Labor, 

Employment and Training 

Administration, Office of Workforce 

Investment (OWI), Division of Adult 

Services (DAS), is requesting 

applications for grants to operate the 

housing assistance portion of the 

National Farmworker Jobs Program 

(NFJP) in accordance with Section 167 

of WIA, 29 U.S.C. 9201. The NFJP serves 

economically disadvantaged persons 

who primarily depend on employment 

in agricultural labor performed within 

the United States, including Puerto 

Rico, and who experience chronic 

unemployment or underemployment. 

Housing assistance is a supportive 

service offered to assist migrant and 

seasonal farmworkers to retain 

employment or enter into or complete 

training. Funds for housing assistance 

activities are made available through the 

NFJP appropriation included in the FY 

2007 Continuing Appropriations 

Resolution, Pub. L. 110–5. 

Housing assistance under the NFJP 

became available three decades ago as a 

tool to improve economic outcomes for 

farmworkers and was included as one of 

a number of supportive services to assist 

farmworkers to retain employment or 

enter into and/or remain in training. 

The NFJP regulations consider housing 

assistance one of a number of related 

assistance and/or supportive services 

available to eligible farmworkers 

through the NFJP (20 CFR 669.430). 

Over time, however, a strong link 

between the provision of housing 

assistance and achievement of 

employment, training, and earnings has 

eroded. 

To once again establish a strong link 

between housing assistance activities 

and improved economic outcomes for 

farmworkers, the Department engaged in 

a dialogue with current and former 

housing assistance grantees to develop a 

set of principles and definitions of 

housing assistance that renewed the 

focus on employment and training 

objectives in future solicitations/ 

competitions. The results of the 

dialogue are the Guiding Principles and 

Definitions that follow. Please note that 

a factor in scoring applications will be 

how well these Principles are applied to 

the proposed plan of services requested 

by this solicitation. The Definitions are 

intended to provide clarity for 

applicants as they develop their 

applications, and will also be factored 

into the scoring of the applications. 

Guiding Principles 

Housing Assistance Should Leverage 

Improved Economic Outcomes for 

Farmworkers 

Housing assistance should enable 

migrant and seasonal farmworkers to 

retain employment, enter into, or 

complete job training activities, and 

improve their earnings. Housing is a 

service that supports the economic 

objectives of the NFJP. 

Housing Assistance Services, and the 

Strategies Used To Deliver Them, 

Should Meet the Needs of All 

Farmworkers 

Farmworkers seeking to improve their 

economic future have diverse housing 

needs. Moreover, these needs are not 

static but change over time. Strategies 

used to meet these diverse and dynamic 

housing assistance needs must be 

flexible and based on a mix of 

permanent and temporary housing and 

emergency assistance solutions tailored 

to regional and local needs. 

Housing Developed With WIA 167 

(NFJP) Funding Should Be Actively 

Marketed, and Broadly Accessible, to 

NFJP-Eligible Farmworkers 

While occupancy of year-round and 

migrant rental units is not restricted to 

NFJP-eligible farmworkers, the strong 

link between housing assistance and the 

economic objectives of the NFJP should 

translate directly into broad access by 

NFJP farmworkers to housing assistance. 

Providing housing assistance to NFJPeligible farmworkers should be a 

priority. 

Definitions 

Permanent Housing (and its 

corresponding housing assistance 

services) is defined as housing intended 

to be owner-occupied, or occupied on a 

permanent, year-round basis 

(notwithstanding ownership) as the 

farmworker’s primary residence to 

which he/she typically returns at the 


sroberts on PROD1PC70 with NOTICES