44054 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Proposed Rules 

1The effective date of the 2011 Wage Rule was 

previously revised to September 30, 2011, 76 FR 

45667 (Aug. 1, 2011); to November 30, 2011, 76 FR 

59896 (Sept. 28, 2011); to January 1, 2012, 76 FR 

73508 (Nov. 29, 2011); to October 1, 2012, 76 FR 

82115 (Dec. 30, 2011); to March 27, 2013, 77 FR 

60040 (Oct. 2, 2012); and to October 1, 2013, 78 FR 

19098 (Mar. 29, 2013). 

(A) Determine the actual LCF ratio by 

dividing the total actual LCF2 cycle count 

obtained from the HR by the total actual 

LCF1 cycle count obtained from the HR. Add 

to the actual counts from the HR any actual 

additional fatigue cycle incurred during any 

period in which the HR was inoperative. 

(B) Determine the LCF1 retirement life by 

dividing the maximum number of LCF2 

events obtained from the applicable diagram 

for each engine by the sum of the actual LCF 

ratio obtained by following paragraph 

(e)(2)(ii)(A) of this AD plus the quotient of 

the maximum number of LCF2 events from 

the applicable diagram for each engine 

divided by the maximum number of LCF1 

events from the applicable diagram for each 

engine. 

(C) Determine the LCF2 retirement life by 

multiplying the actual LCF ratio obtained by 

following paragraph (e)(2)(ii)(A) of this AD 

times the LCF1 retirement life determined by 

following paragraph (e)(2)(ii)(B) of this AD. 

(iii) Replace each GGT rotor part that has 

reached the new fatigue cycle life limit with 

an airworthy rotor part. 

(3) For helicopters with the GE T700–GE– 

401C engine, if you cannot determine the 

number of low cycle fatigue events manually 

from the HR or by combining both manual 

and HR counts, then the life limit for the 

GGT rotor part is the hours TIS for the part 

as shown in Table 1 of ESB No. T700 S/B 72– 

0041, dated August 21, 2009. 

(4) Before further flight, begin or continue 

to count the full and partial low fatigue cycle 

events and record on the component card or 

equivalent record that count at the end of 

each day for which the HR is inoperative. 

(f) Special Flight Permit 

Special flight permits will not be issued to 

allow flight in excess of life limits. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Boston Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Send your proposal to: 

Michael Davison, Flight Test Engineer, New 

England Regional Office, FAA, 12 New 

England Executive Park, Burlington, MA 

01803; phone: (781) 238–7156; fax: (781) 

238–7170; email: michael.davison@faa.gov. 

(2) For operations conducted under 14 CFR 

part 119 operating certificate or under 14 

CFR part 91, subpart K, we suggest that you 

notify your principal inspector, or lacking a 

principal inspector, the manager of the local 

flight standards district office or certificate 

holding district office before operating any 

aircraft complying with this AD through an 

AMOC. 

(h) Additional Information 

For service information identified in this 

AD, contact Sikorsky Aircraft Corporation, 

Attn: Manager, Commercial Technical 

Support, mailstop s581a, 6900 Main Street, 

Stratford, CT, telephone (800) 562–4409, 

email address tsslibrary@sikorsky.com, or at 

http://www.sikorsky.com. You may review a 

copy of the referenced service information at 

the FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 7250: Turbine Section. 

Issued in Fort Worth, Texas, on July 11, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–17627 Filed 7–22–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB61 

Wage Methodology for the Temporary 

Non-Agricultural Employment H–2B 

Program; Proposed Delay of Effective 

Date 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Proposed delay of effective date; 

request for comments. 

SUMMARY: The Department of Labor 

(Department) is proposing to delay 

indefinitely the effective date of the 

Wage Methodology for the Temporary 

Non-agricultural Employment H–2B 

Program final rule (2011 Wage Rule), in 

order to comply with recurrent 

legislation that prohibits the Department 

from using any funds to implement it, 

and to permit time for consideration of 

public comments sought in conjunction 

with an interim final rule published 

April 24, 2013, 78 FR 24047. The 2011 

Wage Rule revised the methodology by 

which the Department calculates the 

prevailing wages to be paid to H–2B 

workers and United States workers 

recruited in connection with a 

temporary labor certification for use in 

petitioning the Department of Homeland 

Security to employ a nonimmigrant 

worker in H–2B status. The 2011 Wage 

Rule was originally scheduled to 

become effective on January 1, 2012, 

and the effective date has been extended 

a number of times, most recently to 

October 1, 2013.1 The Department is 

now proposing to delay the effective 

date of the 2011 Wage Rule until such 

time as Congress no longer prohibits the 

Department from implementing the 

2011 Wage Rule. 

DATES: Comments must be received on 

or before August 9, 2013. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN) 1205–AB61, by any one 

of the following methods: 

Federal e-Rulemaking Portal: 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

Mail or Hand Delivery/Courier: Please 

submit all written comments (including 

disk and CD–ROM submissions) to 

Michael Jones, Acting Administrator, 

Office of Policy Development and 

Research, Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW., 

Room N–5641, Washington, DC 20210. 

Please submit your comments by only 

one method. Comments received by 

means other than those listed above or 

received after the comment period has 

closed will not be reviewed. The 

Department will post all comments 

received on http://www.regulations.gov 

without making any change to the 

comments, including any personal 

information provided. The http:// 

www.regulations.gov Web site is the 

Federal e-rulemaking portal and all 

comments posted there are available 

and accessible to the public. The 

Department caution commenters not to 

include personal information such as 

Social Security Numbers, personal 

addresses, telephone numbers, and 

email addresses in their comments as 

such information will become viewable 

by the public on the http:// 

www.regulations.gov Web site. It is the 

commenter’s responsibility to safeguard 

his or her information. Comments 

submitted through http:// 

www.regulations.gov will not include 

the commenter’s email address unless 

the commenter chooses to include that 

information as part of his or her 

comment. 

Postal delivery In Washington, DC, 

may be delayed due to security 

concerns. Therefore, the Department 

encourages the public to submit 

comments through the http:// 

www.regulations.gov Web site. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking portal at http:// 

www.regulations.gov. The Department 

will also make all the comments 

received available for public inspection 

during normal business hours at the 

Employment and Training 

Administration (ETA) Office of Policy 

Development and Research at the above 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Proposed Rules 44055 

2These include the Consolidated Appropriations 

Act of 2012, Public Law 112–74, 125 Stat. 786 (Dec. 

23, 2011); Continuing Appropriations Resolution, 

2013, Public Law 112–175, 126 Stat. 1313 (Sept. 28, 

2012); and Consolidated and Further Continuing 

Appropriations Act, 2013, Public Law 113–6, 127 

Stat. 198 (Mar. 26, 2013) (establishing DOL’s 

appropriations through Sept. 30, 2013). 

3The Department of Labor (DOL) and the 

Department of Homeland Security (DHS) issued the 

IFR jointly to dispel questions regarding the 

respective roles of the two agencies and the validity 

of DOL’s regulations as an appropriate way to 

implement the interagency consultation specified in 

section 214(c)(1) of the INA, 8 U.S.C. 1184(c)(1). See 

Bayou Lawn & Landscape Servs. v. Sec’y of Labor, 

713 F.3d 1080 (11th Cir. 2013) (holding that the 

Department of Labor lacks independent rulemaking 

authority under the INA to issue legislative 

regulations implementing its role in the H–2B 

program). But see La. Forestry Ass’n v. Solis, 889 

F. Supp. 2d 711 (E.D. Pa. 2012) (rejecting claim that 

the Department of Labor lacks authority under the 

INA to administer the H–2B program through 

legislative rules). Due to these inconsistent court 

rulings about the Department of Labor’s authority 

to issue independent legislative rules, the 

Department of Labor and DHS together issued the 

IFR revising the prevailing wage methodology in 

the H–2B program. 

address. If you need assistance to review 

the comments, the Department will 

provide you with appropriate aids such 

as readers or print magnifiers. The 

Department will make copies of the 

notice available, upon request, in large 

print and as an electronic file on 

computer disk. The Department will 

consider providing the notice in other 

formats upon request. To schedule an 

appointment to review the comments 

and/or obtain the notice in an alternate 

format, contact the ETA Office of Policy 

Development and Research at (202) 

693–3700 (VOICE) (this is not a toll-free 

number) or 1–877–889–5627 (TTY/ 

TDD). 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, Ph.D., 

Administrator, Office of Foreign Labor 

Certification, ETA, 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 by calling the toll-free Federal 

Information Relay Service at 1–877– 

889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: The 

Department of Labor published a final 

rule, Wage Methodology for the 

Temporary Non-agricultural 

Employment H–2B Program, on January 

19, 2011. See 76 FR 3452 (the 2011 

Wage Rule). The 2011 Wage Rule 

revised the methodology by which the 

Department calculates the prevailing 

wages to be paid to H–2B workers and 

United States (U.S.) workers recruited in 

connection with a temporary labor 

certification for use in petitioning the 

Department of Homeland Security to 

employ a nonimmigrant worker in H–2B 

status. The Department originally set the 

effective date of the 2011 Wage Rule for 

January 1, 2012. However, as a result of 

litigation and following notice-andcomment rulemaking, we issued a final 

rule, 76 FR 45667 (August 1, 2011), 

revising the effective date of the 2011 

Wage Rule to September 30, 2011, and 

a second final rule, 76 FR 59896 

(September 28, 2011), further revising 

the effective date of the 2011 Wage Rule 

to November 30, 2011. 

Thereafter, the Department delayed 

the effective date of the 2011 Wage Rule 

until January 1, 2012, in light of the 

enactment on November 18, 2011, of the 

Consolidated and Further Continuing 

Appropriations Act, 2012, which 

provided that ‘‘[n]one of the funds made 

available by this or any other Act for 

fiscal year 2012 may be used to 

implement, administer, or enforce, prior 

to January 1, 2012 the [Wage Rule].’’ 

Public Law 112–55, 125 Stat. 552, Div. 

B, Title V, sec. 546 (Nov. 18, 2011) (the 

November 2011 Appropriations Act). In 

delaying the 2011 Wage Rule’s effective 

date at that time, the Department stated 

that although the November 2011 

Appropriations Act ‘‘prevent[ed] the 

expenditure of funds to implement, 

administer, or enforce the [2011] Wage 

Rule before January 1, 2012, it [did] not 

prohibit the [2011] Wage Rule from 

going into effect, which [was] scheduled 

to occur on November 30, 2011.’’ 76 FR 

73508, 73509 (November 29, 2011). The 

Department explained that ‘‘when the 

[2011] Wage Rule goes into effect, it will 

supersede and make null the prevailing 

wage provisions at 20 CFR 655.10(b) of 

the Department’s existing H–2B 

regulations, which were promulgated 

under Labor Certification Process and 

Enforcement for Temporary 

Employment in Occupations Other 

Than Agriculture or Registered Nursing 

in the United States (H–2B Workers), 

and Other Technical Changes; Final 

Rule, 73 FR 78020, Dec. 19, 2008 (the 

H–2B 2008 Rule).’’ Id. Accordingly, the 

Department determined that it was 

necessary in light of the November 2011 

Appropriations Act to delay the 

effective date of the 2011 Wage Rule to 

avoid the replacement of the wage 

provisions of the H–2B 2008 Rule with 

a new rule that the Department lacked 

appropriated funds to implement. Such 

an occurrence would have rendered the 

H–2B program inoperable because the 

issuance of a prevailing wage 

determination is a condition precedent 

to approving an employer’s request for 

an H–2B labor certification. As a result, 

the Department issued a final rule, 76 

FR 73508, which delayed the effective 

date of the 2011 Wage Rule until 

January 1, 2012. 

Subsequent appropriations 

legislation 2 containing the same 

restriction prohibiting the Department’s 

use of appropriated funds to implement, 

administer, or enforce the 2011 Wage 

Rule necessitated subsequent extensions 

of the effective date of that rule. See 76 

FR 82115 (December 30, 2011) 

(extending the effective date to October 

1, 2012); 77 FR 60040 (October 2, 2012) 

(extending the effective date to March 

27, 2013); 78 FR 19098 (March 29, 2013) 

(extending the effective date to October 

1, 2013). In light of the continued 

prohibitions on the expenditure of the 

Department’s appropriated funds to 

implement, administer, or enforce the 

2011 Wage Rule, the Department 

proposes to delay indefinitely the 

effective date of the 2011 Wage Rule 

until such time as the rule can be 

implemented. 

Additionally, the Department, 

together with the Department of 

Homeland Security (the Departments),3

recently promulgated an interim final 

rule (IFR), 78 FR 24047, establishing a 

new wage methodology. This action was 

taken in direct response to Comite de 

Apoyo a los Trabajadores Agricolas 

(CATA) v. Solis, l F. Supp. 2d l, 2013 

WL 1163426 (E.D. Pa. 2013) in which 

the district court vacated a provision of 

the H–2B 2008 rule, 20 CFR 

655.10(b)(2). That provision required 

that prevailing wages based on the 

Occupational Employment Statistics 

(OES) survey contain tiers that are 

commensurate with the skill required 

for the job; the Department accordingly 

divided the Occupational Employment 

Survey wage applicable to the 

occupation in question into four tiers of 

wages to correspond to skill levels. The 

court vacated 20 CFR 655.10(b)(2), 

which was the basis for the four-tiered 

wage, and remanded the matter to the 

Department, ordering the Department to 

come into compliance with the court’s 

order within 30 days. 

In response to CATA v. Solis, the 

Departments issued the IFR on April 24, 

2013. See 78 FR 24047. The 

Departments struck the phrase, ‘‘at the 

skill level,’’ from 20 CFR 655.10(b)(2), 

thus requiring prevailing wage 

determinations issued using the OES 

survey to be based on the mean wage for 

the occupation in the area of intended 

employment without tiers or skill levels. 

See id. at 24053. That revision became 

effective on April 24, 2013, the date of 

publication. The Departments requested 

comments on all aspects of the 

prevailing wage provisions of 20 CFR 


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44056 Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Proposed Rules 

655.10(b), including, among other 

things, whether the OES mean is the 

appropriate basis for determining the 

prevailing wage; whether wages based 

on the Davis-Bacon Act (DBA), 40 

U.S.C. 276a et seq., 29 CFR part 1, or the 

McNamara-O’Hara Service Contract Act 

(SCA), 41 U.S.C. 351 et seq., should be 

used to determine the prevailing wage, 

and if so to what extent; and whether to 

permit the continued use of employersubmitted surveys and ways to 

strengthen their methodology, if 

permitted. The comment period closed 

on June 10, 2013, and the Departments 

are in the process of reviewing those 

comments and determining whether 

further revision to 20 CFR 655.10(b) is 

warranted in light of public comment. 

The confluence of the recurrent 

Congressional prohibition against 

implementation of the 2011 Wage Rule, 

which the Department anticipates will 

continue, and the Department’s current 

review and consideration of suggestions 

made in the comments associated with 

the IFR, which revised wage provisions 

of the H–2B regulations that were also 

the subject of the 2011 Wage Rule, 

require the indefinite delay of the 

effective date of the 2011 Wage Rule. 

Were the 2011 Wage Rule to become 

effective, it would supplant the 

revisions made to 20 CFR 655.10(b) in 

the IFR, which were necessary in light 

of the court’s order in CATA v. Solis. In 

that event, the Department would likely 

continue to be unable to implement the 

2011 Wage Rule, based on the 

continuation of the Congressional 

prohibition on its implementation. 

However, should Congress lift the 

prohibition against implementation of 

the 2011 Wage Rule, the Department 

would need time to assess the current 

regulatory framework, to consider any 

changed circumstances, novel concerns 

or new information received, and to 

minimize disruptions. 

Until such time as Congress no longer 

prohibits the Department from 

implementing the 2011 Wage Rule, the 

effective date of the 2011 Wage Rule 

should be delayed. In the event that 

Congress no longer prohibits 

implementation of the 2011 Wage Rule, 

the Department would publish a 

document in the Federal Register 

within 45 days apprising the public of 

the status of 20 CFR 655.10 and the 

effective date of the 2011 Wage Rule. 

The Department invites comment on the 

proposed indefinite delay of the 

effective date of the 2011 Wage Rule. 

Signed: at Washington, DC, this 18 of July, 

2013. 

Eric Seleznow, 

Acting Assistant Secretary for Employment 

and Training. 

[FR Doc. 2013–17676 Filed 7–18–13; 4:15 pm] 

BILLING CODE 4510–FP–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4000, 4006, 4007, and 

4047 

RIN 1212–AB26 

Premium Rates; Payment of 

Premiums; Reducing Regulatory 

Burden 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Proposed rule. 

SUMMARY: The Pension Benefit 

Corporation (PBGC) proposes to make 

its premium rules more effective and 

less burdensome. Based on its 

regulatory review under Executive 

Order 13563 (Improving Regulation and 

Regulatory Review), PBGC proposes to 

amend its regulations on Premium Rates 

and Payment of Premiums to simplify 

due dates, coordinate the due date for 

terminating plans with the termination 

process, make conforming and clarifying 

changes to the variable-rate premium 

rules, provide for relief from penalties, 

and make other changes. Large plans 

would no longer have to pay flat-rate 

premiums early; small plans would get 

more time to value benefits. These 

amendments would be effective starting 

2014. PBGC also proposes to amend its 

regulations in accordance with the 

Moving Ahead for Progress in the 21st 

Century Act. 

DATES: Comments must be submitted on 

or before September 23, 2013. 

ADDRESSES: Comments, identified by 

Regulation Identifier Number (RIN) 

1212–AB26, may be submitted by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

• Email: reg.comments@pbgc.gov. 

• Fax: 202–326–4112. 

• Mail or Hand Delivery: Regulatory 

Affairs Group, Office of the General 

Counsel, Pension Benefit Guaranty 

Corporation, 1200 K Street NW., 

Washington, DC 20005–4026. 

All submissions must include the 

Regulation Identifier Number for this 

rulemaking (RIN 1212–AB26). 

Comments received, including personal 

information provided, will be posted to 

www.pbgc.gov. Copies of comments may 

also be obtained by writing to 

Disclosure Division, Office of the 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW., Washington DC 20005–4026, or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4040.) 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Assistant General 

Counsel for Regulatory Affairs 

(klion.catherine@pbgc.gov), or Deborah 

C. Murphy, Senior Counsel 

(murphy.deborah@pbgc.gov), Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW., Washington DC 20005–4026; 202– 

326–4024. (TTY and TDD users may call 

the Federal relay service toll-free at 

800–877–8339 and ask to be connected 

to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: 

Executive Summary—Purpose of the 

Regulatory Action 

This rulemaking is needed to make 

PBGC’s premium rules more effective 

and less burdensome. The proposed rule 

simplifies and streamlines due dates, 

coordinates the due date for terminating 

plans with the termination process, 

makes conforming changes to the 

variable-rate premium rules, clarifies 

the computation of the premium 

funding target, reduces the maximum 

penalty for delinquent filers that selfcorrect, and expands premium penalty 

relief. 

PBGC’s legal authority for this action 

comes from section 4002(b)(3) of the 

Employee Retirement Income Security 

Act of 1974 (ERISA), which authorizes 

PBGC to issue regulations to carry out 

the purposes of title IV of ERISA, and 

section 4007 of ERISA, which gives 

PBGC authority to set premium due 

dates and to assess late payment 

penalties. 

Executive Summary—Major Provisions 

of the Regulatory Action 

Due Date Changes 

Premium due dates currently depend 

on plan size. Large plans pay the flatrate premium early in the premium 

payment year and the variable-rate 

premium later in the year. Mid-size 

plans pay both the flat- and variable-rate 

premiums by that same later due date. 

Small plans pay the flat- and variablerate premiums in the following year. 

PBGC proposes to simplify the due-date 

rules by providing that all annual 

premiums for plans of all sizes will be 


ehiers on DSK2VPTVN1PROD with PROPOSALS-1