101630 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 

2Neither the preliminary injunction issued in 

Barton, et al. v. U.S. Department of Labor, et al., 

No. 5:24–cv–249–DCR (E.D. Ky., Nov. 25, 2024), nor 

the Section 705 stay issued in International Fresh 

Produce Association, et al. v. U.S. Department of 

Labor, et al., No. 1:24–cv–309–HSO–BWR (S.D. 

Miss., Nov. 25, 2024) affect DOL’s implementation 

or enforcement of 20 CFR 655.120(b)(2) as to the 

parties or entities subject to those orders. 

1The regulation at 20 CFR 655.211(c)(2) states 

that the monthly AEWR is calculated based on the 

ECI for wages and salaries ‘‘for the preceding 

October–October period.’’ This regulatory language 

was intended to identify the Bureau of Labor 

Statistics’ (BLS) October publication of ECI for 

wages and salaries, which presents data for the 

September to September period. Accordingly, the 

most recent 12-month change in the ECI for private 

sector workers published on October 31, 2024, by 

BLS was used for establishing the monthly AEWR 

under the regulations. See https://www.bls.gov/ 

news.release/archives/eci_10312024.pdf. The ECI 

for private sector workers was used rather than the 

ECI for all civilian workers given the characteristics 

of the H–2A herder workforce. 

‘‘[t]he updated AEWR will be effective 

as of the date of publication of the 

notice in the Federal Register.’’ On 

August 26, 2024, the United States 

District Court for the Southern District 

of Georgia issued a preliminary 

injunction in the case Kansas, et al. v. 

U.S. Department of Labor, No. 2:24–cv– 

00076–LGW–BWC (S.D. Ga., Aug. 26, 

2024) (‘‘Kansas’’), prohibiting DOL from 

enforcing the Farmworker Protection 

Rule in certain states and with respect 

to certain entities. The preliminary 

injunction specifically prohibits DOL 

from enforcing the Farmworker 

Protection Rule in the states of 

Arkansas, Florida, Georgia, Idaho, 

Indiana, Iowa, Kansas, Louisiana, 

Missouri, Montana, Nebraska, North 

Dakota, Oklahoma, South Carolina, 

Tennessee, Texas, and Virginia, and 

against Miles Berry Farm and members 

of the Georgia Fruit and Vegetable 

Growers Association as of August 26, 

2024.2

Therefore, for work performed at 

places of employment located in 

Arkansas, Florida, Georgia, Idaho, 

Indiana, Iowa, Kansas, Louisiana, 

Missouri, Montana, Nebraska, North 

Dakota, Oklahoma, South Carolina, 

Tennessee, Texas, and Virginia, as well 

as for work performed by Miles Berry 

Farm and members of the Georgia Fruit 

and Vegetable Growers Association as of 

August 26, 2024, the effective date of 

this Federal Register Notice is 

December 30, 2024. As an example, for 

work performed at places of 

employment located in Missouri, a state 

subject to the Kansas Order, this 

Federal Register Notice would be 

effective on December 30, 2024, but for 

work performed at places of 

employment located in Illinois, a state 

not subject to the Kansas Order, this 

Federal Register Notice would be 

effective December 16, 2024. 

Authority: 20 CFR 655.120(b)(2); 20 

CFR 655.103(b). 

Jose ́ Javier Rodrı ́guez, 

Assistant Secretary for Employment and 

Training, Labor. 

[FR Doc. 2024–29549 Filed 12–11–24; 4:15 pm] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Labor Certification Process for the 

Temporary Employment of Foreign 

Workers in Agriculture in the United 

States: Adverse Effect Wage Rate for 

Range Occupations 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration of the 

Department of Labor (DOL) is issuing 

this notice to announce updates to the 

Adverse Effect Wage Rate (AEWR) for 

the employment of temporary or 

seasonal nonimmigrant foreign workers 

(H–2A workers) to perform herding or 

production of livestock on the range. 

AEWRs are the minimum wage rates the 

DOL has determined must be offered, 

advertised in recruitment, and paid by 

employers to H–2A workers and 

workers in corresponding employment 

so that the wages and working 

conditions of workers in the United 

States (U.S.) similarly employed will 

not be adversely affected. In this notice, 

DOL announces the annual update of 

the AEWR for workers engaged in the 

herding or production of livestock on 

the range, as required by the 

methodology previously established in 

2015. 

DATES: The rate is effective January 1, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Room N–5311, Washington, DC 20210, 

telephone: (202) 693–8200 (this is not a 

toll-free number). For persons with a 

hearing or speech disability who need 

assistance to use the telephone system, 

please dial 711 to access 

telecommunications relay services. 

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 and seasonal 

agricultural workers in the U.S. unless 

the petitioner has received an H–2A 

labor certification from DOL. DOL 

issues such labor certification when it 

determines 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. 

See 8 U.S.C. 1101(a)(15)(H)(ii)(a), 

1184(c)(1), and 1188(a); 8 CFR 

214.2(h)(5); 20 CFR 655.100. 

Adverse Effect Wage Rate 

DOL’s H–2A regulations covering the 

herding or production of livestock on 

the range, published in the Federal 

Register as the Temporary Agricultural 

Employment of H–2A Foreign Workers 

in the Herding or Production of 

Livestock on the Range in the United 

States, 80 FR 62958 (Oct. 16, 2015), 

provide that employers must offer, 

advertise in recruitment, and pay each 

worker employed under 20 CFR 655.200 

through 655.235 a wage that is at least 

the highest of the various wage sources 

listed in § 655.211(a)(1), including the 

monthly AEWR. See 20 CFR 655.210(g). 

Further, when the monthly AEWR is 

adjusted during a work contract, and is 

higher than both the agreed-upon 

collective bargaining wage and the 

applicable minimum wage imposed by 

Federal or State law or judicial action in 

effect at the time the work is performed, 

the employer must pay that adjusted 

monthly AEWR upon publication by 

DOL in the Federal Register. See 20 

CFR 655.211(a)(2). 

As provided in 20 CFR 655.211(c)(2), 

the monthly AEWR for range 

occupations in all States for a calendar 

year is based on the monthly AEWR for 

the previous calendar year ($1,982.96), 

adjusted by the Employment Cost Index 

(ECI) for wages and salaries published 

by the Bureau of Labor Statistics for the 

preceding annual period. The 12-month 

change in the ECI for wages and salaries 

of private industry workers between 

September 2023 and September 2024 

was 3.8 percent, resulting in a monthly 

AEWR for range occupations in effect 

for the following year of $2,058.31.1 The 

national monthly AEWR rate for all 

range occupations in the H–2A program 

is calculated by multiplying the 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 101631 

monthly AEWR for the previous year by 

the October 2024 ECI adjustment 

($1,982.96 × 1.038 = $2,058.31) or 

$2,058.31. Accordingly, any employer 

certified or seeking certification for 

range workers must pay each worker a 

wage that is at least the highest of the 

various wage sources listed in 

§ 655.211(a)(1), including the monthly 

AEWR of $2,058.31, at the time work is 

performed on or after the effective date 

of this notice. 

Authority: 20 CFR 655.211(b). 

Jose ́ Javier Rodrı ́guez, 

Assistant Secretary Employment and 

Training, Labor. 

[FR Doc. 2024–29550 Filed 12–11–24; 4:15 pm] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Application 

of Existing Mandatory Safety 

Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

a petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by Rockwell 

Mining, LLC. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before January 15, 2025. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2024– 

0107 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2024–0107. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

4. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452. 

Attention: S. Aromie Noe, Director, 

Office of Standards, Regulations, and 

Variances. Persons delivering 

documents are required to check in at 

the receptionist’s desk, 4th Floor West. 

Individuals may inspect copies of the 

petition and comments during normal 

business hours at the address listed 

above. Before visiting MSHA in person, 

call 202–693–9455 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: S. 

Aromie Noe, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Petitionsformodification@

dol.gov (email), or 202–693–9441 (fax). 

[These are not toll-free numbers.] 

SUPPLEMENTARY INFORMATION: Section 

101(c) of the Federal Mine Safety and 

Health Act of 1977 and title 30 of the 

Code of Federal Regulations (CFR) part 

44 govern the application, processing, 

and disposition of petitions for 

modification. 

I. Background 

Section 101(c) of the Federal Mine 

Safety and Health Act of 1977 (Mine 

Act) allows the mine operator or 

representative of miners to file a 

petition to modify the application of any 

mandatory safety standard to a coal or 

other mine if the Secretary of Labor 

determines that: 

1. An alternative method of achieving 

the result of such standard exists which 

will at all times guarantee no less than 

the same measure of protection afforded 

the miners of such mine by such 

standard; or 

2. The application of such standard to 

such mine will result in a diminution of 

safety to the miners in such mine. 

In addition, sections 44.10 and 44.11 

of 30 CFR establish the requirements for 

filing petitions for modification. 

II. Petition for Modification 

Docket Number: M–2024–082–C. 

Petitioner: Rockwell Mining, LLC, 250 

West Main Street, Suite 2000 Lexington 

KY 40507. 

Mine: Coal Branch No. 1 Mine, MSHA 

ID No. 46–09588, located in Boone 

County, West Virginia. 

Regulation Affected: 30 CFR 

75.500(d), Permissible electric 

equipment. 

Modification Request: The petitioner 

requests a modification of 30 CFR 

75.500(d) to allow the use of 

unapproved Powered Air Purifying 

Respirators (PAPRs) taken into or used 

inby the last open crosscut. Specifically, 

the petitioner is requesting to utilize the 

CleanSpace EX PAPR and sealed motor/ 

blower/battery power pack assembly, 

and the 3M Versaflo TR–800 

Intrinsically Safe PAPR motor/blower 

and battery with battery pack. 

The petitioner states that: 

(a) The 3M Versaflo TR–800 PAPR 

with motor/blower and battery qualifies 

as intrinsically safe. 

(b) The CleanSpace EX PAPR also 

qualifies as intrinsically safe. 

(c) Both the CleanSpace EX and the 

3M Versaflo TR–800 PAPRs provide a 

constant flow of air inside the mask or 

helmet. This airflow provides 

respiratory protection and comfort in 

hot working conditions. 

(d) Neither the 3M Versaflo TR–800 

nor the CleanSpace EX PAPR is MSHAapproved as permissible. 

(e) Neither the 3M nor the CleanSpace 

is pursuing MSHA approval. 

(f) Coal Branch No. 1 Mine currently 

makes available to all miners NIOSHapproved high efficiency l00 series 

respirators to protect the miners against 

potential exposure to respirable coal 

mine dust, including crystalline silica, 

during normal mining conditions. Coal 

Branch No. 1 Mine desires to expand 

the miners’ option in choosing a 

respirator that provides the greatest 

degree of protection as well as comfort 

while being worn. Powered PAPRs 

provide a constant flow of filtered air 

and serve that purpose. 

(g) On June 17, 2024, MSHA’s final 

rule Lowering Miners’ Exposure to 

Respirable Crystalline Silica and 

Improving Respiratory Protection took 

effect. The rule requires the mine 

operator to have a written respiratory 

protection program in place when 

miners are required to use respirators. 

Adding the CleanSpace EX and the 3M 

TR–800 Versaflo PAPRs to the 

respiratory protection program as 

additional options will provide the 

miners with alternatives to the series 

100 high efficiency respirators already 

in use at the mine. The PAPRs will also 

serve as a respirator option to protect 

the miners with facial hair who may not 

be able to pass the ‘‘fit test’’ requirement 

of the program. In addition, the positive 

flow of filtered air provided by the 

PAPRs will provide a solution for the 

miners who are unable to wear a tightfitting respirator. 

(h) Since the 3M Airstream HeadgearMounted PAPR System has been 

discontinued by the manufacturer, there 

are no other MSHA-approved units 

available that can be taken into or used 

inby the last open crosscut. 

(i) The alternative method in the 

petition will at all times guarantee no 

less than the same measure of protection 

afforded to the miners by the standard. 

The petitioner proposes the following 

alternative method: 

(a) All miners who will be involved 

with or affected by the use of the 3M 

Versaflo TR–800 or CleanSpace EX 

PAPRs shall receive training in 

accordance with 30 CFR 48.7 on the 

requirements of the Proposed Decision 

and Order (PDO) granted by MSHA and 

manufacturer guidelines. Such training 

shall be completed before any 3M 

Versaflo TR–800 or CleanSpace EX 

PAPR can be used inby the last open 

crosscut. The operator shall keep a 

record of such training and provide 

such record to MSHA upon request. 


lotter on DSK11XQN23PROD with NOTICES1