1256 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 

Dated: November 26, 2012. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2013–00100 Filed 1–7–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Guam Military Base Realignment 

Contractor Recruitment Standards 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Final notice. 

SUMMARY: The U.S. Department of 

Labor’s (Department) Employment and 

Training Administration (ETA) is 

issuing this notice to announce 

recruitment standards that construction 

contractors are required to follow when 

recruiting United States (U.S.) workers 

for Guam military base realignment 

projects funded through the National 

Defense Authorization Act (NDAA) for 

Fiscal Year 2010. 

DATES: This notice is effective upon 

publication in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Anthony D. Dais or Frank Gallo, Office 

of Workforce Investment, Employment 

and Training Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue NW, Room S–4231, 

Washington, DC 20210. Telephone (202) 

693–2784 or (202) 693–3755, 

respectively (this is not a toll-free 

number). Individuals with hearing or 

speech impairments may access the 

telephone number above via TTY by 

calling the toll-free Federal Information 

Relay Service at 1–877–889–5627 (TTY/ 

TDD). Fax: 202–693–3015. Email: 

dais.anthony@dol.gov or 

gallo.frank@dol.gov. 

SUPPLEMENTARY INFORMATION: Section 

2834(a) of the NDAA for Fiscal Year 

2010 (Pub. L. 111–84, enacted October 

28, 2009) amended Section 2824(c) of 

the Military Construction Authorization 

Act (Pub. L. 110–417, Division B) by 

adding a new subsection (6). This 

provision prohibits contractors engaged 

in construction projects related to the 

realignment of U.S. military forces from 

Okinawa to Guam from hiring workers 

holding H–2B visas under the 

Immigration and Nationality Act, 8 

U.S.C. 1101(a)(15)(H)(ii)(b), unless the 

Governor of Guam (Governor), in 

consultation with the Secretary of Labor 

(Secretary), certifies that: (1) There is an 

insufficient number of U.S. workers that 

are able, willing, qualified, and 

available to perform the work; and (2) 

that the employment of workers holding 

H–2B visas will not have an adverse 

effect on either the wages or the working 

conditions of workers in Guam. 

In order to allow the Governor to 

make this certification, the NDAA 

requires contractors to recruit workers 

in the U.S., including in Guam, the 

Commonwealth of the Northern Mariana 

Islands, American Samoa, the U.S. 

Virgin Islands, and Puerto Rico, 

according to the terms of a recruitment 

plan developed and approved by the 

Secretary. That recruitment plan has 

been reproduced in full in Section I 

below (‘‘Contractor Recruitment 

Standards’’). 

The Department has developed the 

Contractor Recruitment Standards in 

full consultation with, and with the 

approval of, the Guam Department of 

Labor (GDOL). Although the Department 

has developed the recruitment 

standards, it has assigned oversight of 

the Contractor Recruitment Standards 

and the NDAA-required consultation 

with the Governor to GDOL through a 

Memorandum of Understanding 

between the Department and GDOL, 

effective November 22, 2011 (the MOU 

can be found on the RegInfo.gov Web 

site listed at the end of this Federal 

Register Notice). 

Under the NDAA, no Guam base 

realignment construction project work 

may be performed by a person holding 

an H–2B visa under the Immigration 

and Nationality Act until the contractor 

complies with the Department’s 

Contractor Recruitment Standards, and 

the Governor of Guam issues the 

certification noted above. 

The Department issued interim 

recruitment standards in the Federal 

Register on January 24, 2012 (77 FR 

3503). 

This Final Notice has made several 

changes to the interim contractor 

recruitment standards, the most 

significant of which reduced the data 

collection burden and clarified the 

information that contractors must 

include in the construction job postings. 

These changes include the following. 

1. Eliminating the requirement that 

contractors post the job openings on a 

separate Internet job bank in addition to 

the other posting requirements. The 

posting on the Guam Job Bank will be 

widely available through the US.jobs 

Web site (formerly the National Labor 

Exchange). The Department determined 

that this posting was sufficient, and that 

additional Internet postings would be 

redundant. 

2. Eliminating the requirement to 

advertise job opportunities in an 

American Samoa newspaper, in favor of 

Internet job postings. This change was 

made because the Department 

determined that utilization of the 

American Samoa job bank for 

recruitment no longer requires 

supplementation by newspaper 

advertising, as a result of improvements 

made to that job bank. 

3. Adding a statement to the job 

posting requirement concerning 

whether the contractor will pay for 

worker transportation to Guam. This 

change was made to conform the 

information included in advertisements 

placed under this recruitment standard 

with information commonly included in 

job orders submitted to the GDOL. 

4. Clarifying the overtime pay 

requirement for the job postings. This 

change was made to clarify that 

contractors must include a statement 

regarding the availability and payment 

of overtime wages in their 

advertisements, if overtime is required 

by law. 

5. Adding a statement to the job 

posting requirement regarding board, 

lodging, and fringe benefit information. 

This change was made to conform the 

information included in advertisements 

placed under this recruitment standard 

with information commonly included in 

job orders submitted to the GDOL. 

6. Eliminating the requirement that 

the recruitment report describe the dates 

that the newspaper advertisements 

appeared in an American Samoa 

newspaper. The Department eliminated 

this requirement, because the removal of 

the requirement to advertise in an 

American Samoa newspaper rendered 

this requirement moot. 

7. Clarifying that contractors do not 

need to provide their recruitment report 

in a narrative form. This change was 

made in order to clarify that contractor 

recruitment reports may be in other 

formats, including a table or 

spreadsheet, rather than only in a 

narrative form. 

As required by Section 2834(b)(2) of 

the NDAA for Fiscal Year 2010, the 

Department assessed, among other 

things, the opportunities to expand the 

recruitment of workers in the U.S. 

(including Guam, the Commonwealth of 

the Northern Mariana Islands, American 

Samoa, the Virgin Islands, and the 

Commonwealth of Puerto Rico), and the 

ability of labor markets to support the 

Guam realignment. This assessment is 

included in U.S. Department of Labor 

Report to Congress Required by the 

National Defense Authorization Act for 

Fiscal Year 2010 (July 29, 2011). The 

Department submitted this assessment 

to the Senate Committees on Health, 

Education, Labor, and Pensions, and 

Armed Services; and the House of 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 1257 

Representatives Committees on 

Education and the Workforce, and 

Armed Services (this report can be 

found at the RegInfo.gov Web site listed 

at the end of this Federal Register 

Notice). 

I. Guam Military Base Realignment 

Contractor Recruitment Standards 

Guam military base realignment 

contractors must take the following 

actions to recruit U.S. workers. 

1. At least 60 days before the start 

date of workers under a base 

realignment contract, contractors must 

a. Submit a job posting via a 

completed Job Order (Guam Form GES 

514) in person at the Guam Employment 

Service office, which is open Monday to 

Friday (except holidays) from 8 a.m. to 

5 p.m. at 414 W. Soledad Avenue, Suite 

400, Hagatna (for assistance call 671– 

475–7000). The job posting must be 

posted on the GDOL Job Bank for at 

least 21 consecutive days; 

b. Submit a job posting with the state 

workforce agency’s Internet job bank in 

American Samoa at http:// 

www.asjobs.org/job-search, the 

Commonwealth of the Northern Mariana 

Islands at https://marianaslabor.net/ 

employer.asp, and in the following 

states: 

i. Alaska (www.jobs.state.ak.us); 

ii. California (www.caljobs.ca.gov); 

iii. Hawaii (www.hirenethawaii.com); 

iv. Oregon (www.emp.state.or.us/ 

jobs); and 

v. Washington (https:// 

fortress.wa.gov/esd/worksource/ 

Employment.aspx). 

For contractors needing assistance 

with job postings, additional contact 

information and a link to the required 

Guam form GES 514 are listed at 

www.jobbankinfo.org. 

Each job posting must be posted for at 

least 21 consecutive days. 

c. Submit a job posting with an 

Internet-based job bank that 

i. is national in scope, including the 

entire U.S., Guam, the Commonwealth 

of the Northern Mariana Islands, 

American Samoa, the Virgin Islands, 

and the Commonwealth of Puerto Rico; 

ii. allows job postings for all 

occupations; and 

iii. is free of charge for job seekers and 

their intermediaries in American Job 

Centers (formerly called One-Stop 

Career Centers) and the U.S. 

employment service delivery system 

nationwide. 

d. Where the occupation or industry 

is customarily unionized, contact the 

local union in Guam in writing to seek 

U.S. workers who are qualified and who 

will be available for the job opportunity. 

2. Each job posting in (1)(a) through 

(d) must include, at a minimum, the 

following information. 

a. The contractor’s name and 

appropriate contact information for 

applicants to inquire about the job 

opportunity, or to send applications 

and/or re ́sume ́s directly to the 

employer; 

b. The geographic area of 

employment, with enough specificity to 

apprise applicants of any travel 

requirements and where applicants will 

likely have to reside to perform the 

services or labor; 

c. A statement indicating whether or 

not the employer will pay for the 

worker’s transportation to Guam; 

d. If the employer provides it, a 

statement that daily transportation to 

and from the worksite(s) will be 

provided by the employer; 

e. A description of the job opportunity 

with sufficient information to apprise 

U.S. workers of the services or labor to 

be performed, including the duties, the 

minimum education and experience 

requirements, the work hours and days, 

and the anticipated start and end dates 

of the job opportunity; 

f. If the employer makes on-the-job 

training available, a statement that it 

will be provided to the worker; 

g. If required by law, a statement that 

overtime will be available to the worker 

and the wage offer for working any 

overtime hours; 

h. The wage offer, and the benefits, if 

any, offered; 

i. A statement that the position is 

temporary; 

j. The total number of job openings 

the employer intends to fill; and 

k. If the employer provides the worker 

with the option of board, lodging, or 

other facilities, including fringe 

benefits, or intends to assist workers to 

secure such lodging, a statement 

disclosing the provision and cost of the 

board, lodging, or other facilities, 

including fringe benefits or assistance to 

be provided. 

3. During the 28-day recruitment 

period, which begins on the earliest job 

posting date, contractors must interview 

all qualified and available Guam and 

U.S. construction workers who have 

applied for the employment 

opportunity. 

4. After the close of the recruitment 

period, and no later than 30 days before 

the start date of workers under a 

contract, the contractor must provide a 

report including the following 

information via email to GDOL at 

ndaa.recruitment@dol.guam.gov, 

documenting its efforts to recruit U.S. 

workers from the U.S. and all U.S. 

territories. 

a. Indicate all the recruitment 

approaches used to recruit realignment 

workers, including an identification of 

the Internet job banks where the 

postings occurred, the occupation or 

trade, a description of wages and other 

terms and conditions of employment, 

the dates of each posting, and the job 

order or requisition number; 

b. A copy of each job posting; 

c. How each job posting and response 

was handled, including 

i. the number of job applications 

received; 

ii. the name of each applicant; 

iii. the position applied for; 

iv. the final employment 

determination for each applicant or job 

candidate; and 

v. for each U.S. job applicant not 

hired, a description of the specific, 

lawful, job-related reason for rejecting 

the applicant for employment, which 

includes a comparison of the job 

applicant’s skills and experience against 

the terms listed in the original job 

posting. 

Contractors may provide much of this 

information in the form of a table or 

spreadsheet, so that instead of a 

narrative style the contractor need only 

check an appropriate box or provide a 

phrase, number or date (e.g., to indicate 

whether an individual reported for an 

interview or not, or lacked specific 

qualifications). 

II. Departmental Recruitment Support 

Activities 

Separate from the Contractor 

Recruitment Standards, ETA will 

facilitate a nationwide outreach and 

recruitment effort to maximize hiring of 

U.S. construction workers, including 

outreach to its workforce investment 

system. ETA will do the following: 

• Develop and issue a Training and 

Employment Notice (TEN), and hold an 

Internet-based training session 

(‘‘Webinar’’) to inform contractors, state 

workforce agencies, state and local 

workforce investment boards, and 

American Job Centers (formerly called 

One-Stop Career Centers) of the 

anticipated construction employment 

opportunities on Guam and how these 

opportunities will be posted [interested 

individuals can automatically receive 

notice of the TEN by going to http:// 

wdr.doleta.gov/directives and clicking 

on the last bullet, stating ‘‘To be added 

to the ETA Advisory electronic 

distribution list—click here,’’ and 

interested individuals can automatically 

receive notice of the Webinar by 

registering for ETA’s Workforce3One by 

going to https:// 

www.workforce3one.org/register.aspx, 

then going to the fourth category 


srobinson on DSK4SPTVN1PROD with 
1258 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 

(Newsletters and Updates) and checking 

the box for ‘‘Webinars/Live Events,’’ and 

should also check both boxes under 

‘‘Reemployment Works’’ in the 

preceding category (labeled ‘‘Join 

Communities’’)]; 

• Develop telephone scripts for a 

Toll-Free Help Line directing job 

seekers to the GDOL job bank; 

• Ensure that Departmental offices— 

including the Office of Unemployment 

Insurance, the Office of Apprenticeship, 

the Office of Job Corps, the Veterans’ 

Employment and Training Service, and 

the YouthBuild program—are informed 

of the construction employment 

opportunities; and 

• Brief pertinent inter-governmental 

and labor organizations (including the 

National Governors Association, 

National Conference of State 

Legislatures, and building trades 

unions), so that they can assist in 

spreading information about the U.S. 

worker outreach effort. 

III. Public Burden Statement 

The Office of Management and Budget 

(OMB) has approved the Department’s 

request to extend the information 

collection (OMB Control Number 1205– 

0484) for three years, expiring 

September 30, 2015. 

Persons are not required to respond to 

this collection of information unless it 

displays a valid OMB control number 

(1205–0484). The public reporting 

burden for this collection of information 

is estimated at three hours per job order, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Further information on this ICR can be 

accessed using control number 1205– 

0484 at the RegInfo.gov Web site at 

www.reginfo.gov/public/do/PRAMain. 

To do this, use the following 

instructions. 

1. Go to the first ‘‘Select Agency’’ box 

and click on the drop-down arrow, and 

then select ‘‘Department of Labor.’’ 

Then click on the ‘‘Submit’’ button to 

the right of the box. 

2. Each entry lists the OMB Control 

Number at the top of the entry. Scroll 

down the screen until 1205–0484 

appears (the entries are in numerical 

order). 

3. Once you reach 1205–0484, click 

on the number immediately below that, 

the ICR Reference Number (not the 

Control Number itself). 

4. To see the Information Collection 

notices themselves, click on ‘‘View 

Information Collection (IC) List’’ near 

the top of the page on the left. To see 

the Report to Congress, the MOU, the 

ICR Supporting Statement and other 

relevant documents, click on ‘‘View 

Supporting Statement and Other 

Documents’’ near the top of the page on 

the right. 

Signed at Washington, DC this 26th day of 

December, 2012. 

Jane Oates, 

Assistant Secretary for Employment and 

Training. 

[FR Doc. 2013–00114 Filed 1–7–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Investigations Regarding Eligibility to 

Apply for Worker Adjustment 

Assistance 

Petitions have been filed with the 

Secretary of Labor under Section 221 (a) 

of the Trade Act of 1974 (‘‘the Act’’) and 

are identified in the Appendix to this 

notice. Upon receipt of these petitions, 

the Director of the Office of Trade 

Adjustment Assistance, Employment 

and Training Administration, has 

instituted investigations pursuant to 

Section 221 (a) of the Act. 

The purpose of each of the 

investigations is to determine whether 

the workers are eligible to apply for 

adjustment assistance under Title II, 

Chapter 2, of the Act. The investigations 

will further relate, as appropriate, to the 

determination of the date on which total 

or partial separations began or 

threatened to begin and the subdivision 

of the firm involved. 

The petitioners or any other persons 

showing a substantial interest in the 

subject matter of the investigations may 

request a public hearing, provided such 

request is filed in writing with the 

Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than January 18, 2013. 

Interested persons are invited to 

submit written comments regarding the 

subject matter of the investigations to 

the Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than January 18, 2013. 

The petitions filed in this case are 

available for inspection at the Office of 

the Director, Office of Trade Adjustment 

Assistance, Employment and Training 

Administration, U.S. Department of 

Labor, Room N–5428, 200 Constitution 

Avenue NW., Washington, DC 20210. 

Signed at Washington, DC, this 21st day of 

November 2012. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

APPENDIX 

[18 TAA petitions instituted between 11/12/12 and 11/16/12] 

TA–W Subject Firm 

(Petitioners) Location Date of institution 

Date of 

petition 

82144 ............ Electrolux (State/One-Stop) ............................ El Paso, TX ..................................................... 11/13/12 11/09/12 

82145 ............ Hutchinson Technology Inc. (State/One-Stop) Plymouth, MN & Eau Claire, WI ..................... 11/13/12 11/09/12 

82146 ............ Precision Dynamics Corporation (State/OneStop).San Fernando, CA .......................................... 11/13/12 11/09/12 

82147 ............ Pioneer Press (State/One-Stop) ..................... Saint Paul, MN ................................................ 11/13/12 11/09/12 

82148 ............ Texas Instruments Incorporated (Company) .. Stafford, TX ..................................................... 11/13/12 11/09/12 

82149 ............ Texon USA (Company) ................................... Russell, MA ..................................................... 11/13/12 10/04/12 

82150 ............ Badger Meter, Inc. (Company) ....................... Milwaukee, WI ................................................. 11/13/12 11/12/12 

82151 ............ GenOn Energy Services, LLC (Workers) ....... Canonsburg, PA .............................................. 11/13/12 11/12/12 

82152 ............ Systemax Manufacturing (State/One-Stop) .... Fletcher, OH .................................................... 11/14/12 11/13/12 

82153 ............ SOLAE, LLC (Workers) .................................. Louisville, KY .................................................. 11/14/12 11/08/12 

82154 ............ The Gemesis Diamond Company (Workers) .. Lakewood Ranch/Bradenton, FL .................... 11/14/12 11/13/12 

82155 ............ Juniata Fabrics (Workers) ............................... Juniata, PA ...................................................... 11/14/12 10/26/12 

82156 ............ Johnstown Specialty Castings (Union) ........... Johnstown, PA ................................................ 11/14/12 11/06/12 

82157 ............ Henkel Harris Company, Inc. (Company) ....... Winchester, VA ............................................... 11/15/12 11/14/12 

82158 ............ Mohawk Industries, Inc. (State/One-Stop) ...... Waynesboro, VA ............................................. 11/15/12 11/14/12 

82159 ............ Home Dynamix (State/One-Stop) ................... Moonachie, NJ ................................................ 11/16/12 11/15/12 


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