Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices 32063 

to: Consent Decree Library, U.S. DOJ— 

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

20044–7611. Please enclose a check or 

money order for $17.25 for a copy of the 

Consent Decree without the appendices 

or for $58.25 for a copy of the Consent 

Decree with appendices (25 cents per 

page reproduction cost) payable to the 

United States Treasury. 

Henry Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2021–12577 Filed 6–15–21; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Employment and Training 

Administration (ETA) Program Year 

(PY) 2021; Workforce Innovation and 

Opportunity Act (WIOA) Section 167, 

National Farmworker Jobs Program 

(NFJP) Grantee Allotments 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This Notice announces 

Program Year (PY) 2021 allotments to 

States for the National Farmworker Jobs 

Program (NFJP), which is authorized 

under the Workforce Innovation and 

Opportunity Act (WIOA), Section 167. 

These allotments are based on the funds 

appropriated in the Consolidated 

Appropriations Act, 2021 (from this 

point forward will be referred to as the 

‘‘the Act’’). 

DATES: The PY 2021 NFJP allotments 

become effective for the grant period 

that begins July 1, 2021. 

ADDRESSES: Questions on this notice can 

be submitted to the Employment and 

Training Administration, Office of 

Workforce Investment, Attention at: 

NFJP@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Laura Iban ̃ ez, Unit Chief, at (202) 693– 

3645. Individuals with hearing or 

speech impairments may access the 

telephone numbers above via TTY by 

calling the toll-free Federal Information 

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

TDD). 

SUPPLEMENTARY INFORMATION: This 

notice is published according to Section 

182(d) of the WIOA, Prompt Allotment 

of Funds. ETA developed the formula to 

distribute funds geographically by state 

service area, based on each state service 

area’s relative share of persons eligible 

for the program. The formula’s original 

methodology is described in the Federal 

Register notice 64 FR 27390, May 19, 

1999. That information is accessible at 

https://www.federalregister.gov/. In PY 

2018, ETA incorporated two 

modifications to the allotment formula 

to provide more accurate estimates of 

each state service area’s relative share of 

persons eligible for the program. The 

formula also used updated data from 

each of the four data files serving as the 

basis of the formula since 1999. The 

revised formula methodology is 

described in the Federal Register notice 

83 FR 32151, July 11, 2018. 

Two modifications were incorporated 

into the formula for PY 2021. These 

modifications improve the formula’s 

accuracy in terms of estimating the true 

NFJP-eligible population in state service 

areas, and one of the modifications is 

necessitated by a recent statutory 

change to the NFJP eligibility criteria, 

which Congress enacted in the FY 2021 

appropriation. Section II includes 

further explanation of these 

modifications. 

This notice represents the final of a 

two-stage process. ETA published a 

notice requesting public comments on 

May 10, 2021, regarding the formula 

methodology and modifications. 

Additionally, ETA hosted a webinar on 

May 5, 2021, to share the preliminary 

allotments, explained the data sources, 

and encourage response to the notice 

published shortly thereafter. ETA did 

not receive any comments through the 

public comment process. In this final 

stage, ETA is publishing the final 

formula and final allotment levels. 

I. Background 

The Department is announcing the 

final PY 2021 allotments for the 

National Farmworker Jobs Program 

(NFJP). This notice provides 

information on the amount of funds 

available during PY 2021 to state service 

areas awarded grants through Funding 

Opportunity Announcements FOA– 

ETA–20–08 and FOA–ETA–20–08–A for 

the NFJP Career Services and Training 

grants and Housing grants. Funds to 

implement NFJP are appropriated in the 

Act. In appropriating these funds, 

Congress provided $87,083,000 for 

formula grants (of which $86,946,000 

was allotted after $137,000 was set aside 

for program integrity), $6,256,000 for 

migrant and seasonal farmworker 

housing (of which not less than 70 

percent shall be for permanent housing), 

and another $557,000 for discretionary 

purposes. Included below is the table 

listing the PY 2021 allotments for the 

NFJP Career Services and Training 

grants. Individual grants are awarded for 

Housing as a result of the grants 

competition and are further distributed 

according to language in the 

appropriations law requiring that of the 

total amount available, not less than 70 

percent shall be allocated to permanent 

housing activities, leaving not more 

than 30 percent to temporary housing 

activities. 

II. Description of Data Files and Review 

of PY 2021 Modifications to the 

Allotment Formula 

As with all state planning estimates 

since 1999, the PY 2021 estimates are 

based on four data sources: (1) Statelevel, 2017 hired farm labor expenditure 

data from the United States Department 

of Agriculture’s (USDA) Census of 

Agriculture (COA); (2) regional-level, 

2017 average hourly earnings data from 

the USDA’s Farm Labor Survey; (3) 

regional-level, 2010–2018 demographic 

data from the ETA’s National 

Agricultural Workers Survey (NAWS); 

and, (4) 2015–2019 (5-year file) data 

from the United States Census Bureau’s 

American Community Survey (ACS). A 

detailed description of how each data 

source is used within the formula is in 

the Federal Register notice 64 FR 

27390, May 19, 1999). In addition to 

populating the formula with updated 

data, ETA incorporated two 

modifications that will improve the 

formula’s accuracy in terms of 

estimating the true NFJP-eligible 

population in state service areas. One of 

the modifications is necessitated by the 

change to the NFJP eligibility criteria 

applicable to the PY 2021 appropriation. 

(1) First, the Act expands program 

eligibility for grants funded by the PY 

2021 appropriation to include 

farmworkers who are in families with 

total family incomes at or below 150 

percent of the poverty line. Therefore, 

the PY 2021 allocations used special 

tabulations of data from the ACS and 

the NAWS to estimate the share of 

farmworkers with total family incomes 

at or below 150 percent of the poverty 

line. ETA will subsequently revise the 

PY 2022 guidance regarding the 

definition of ‘‘low-income individual,’’ 

as needed if the same provision is not 

included in subsequent appropriations. 

(2) Second, and to more closely align 

the formula with the definition of 

eligible migrant and seasonal 

farmworker under WIOA Section 167(i) 

and 20 CFR 685.110 and clarified in the 

Training and Employment Guidance 

Letter 18–16, ETA modified how the 

formula accounts for crop workers who 

are primarily employed in agriculture. 

This formula considers a crop worker to 

be primarily employed in agriculture if 

at least 50 percent of their total 

individual income is from farm work or 


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32064 Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices 

1To determine ‘‘primarily employed in 

agriculture’’ criteria, which has two parts, ETA uses 

individual income from farm work. 

at least 50 percent of their total 

employment time is in farm work.1 As 

with all state planning estimates since 

1999, ETA used NAWS data to 

determine the share of crop labor hours 

in each state that was performed by crop 

workers who were primarily employed 

in agriculture, per this eligibility 

criterion. 

III. Description of the Hold-Harmless 

Provision 

ETA has incorporated the holdharmless provision as instituted in PY 

2018. The updated data resulted in 

significant changes for a few states and 

the hold-harmless provision provides 

for a stop loss/stop gain limit to 

transition to the use of the updated data. 

This approach is based on a state service 

area’s previous year’s allotment 

percentage, which is its relative share of 

the total formula allotments. ETA will 

implement the staged transition of the 

hold-harmless provision as follows: 

(1) In PY 2021, each state service area 

will receive an amount equal to at least 

95 percent of their PY 2020 allotment 

percentage, as applied to the PY 2021 

formula funds available; 

(2) In PY 2022, each state service area 

will receive an amount equal to at least 

90 percent of their PY 2021 allotment 

percentage, as applied to the PY 2022 

formula funds available; 

(3) In PY 2023, each state service area 

will receive an amount equal to at least 

85 percent of their PY 2022 allotment 

percentage, as applied to the PY 2023 

formula funds available. 

In PY 2021, 2022, and 2023, the stop 

gain provision provides that no state 

service area will receive an amount that 

is more than 150 percent of their 

previous year’s allotment percentage. 

In PY 2024, since the Department has 

a responsibility to use the most current 

and reliable data available, amounts for 

the new awards will be based on 

updated data from the sources described 

in Section II, pending their availability. 

At that time, the Department will 

determine whether the changes to state 

allotments are significant enough to 

warrant another hold-harmless 

provision. Otherwise, allotments to each 

state service area will be for an amount 

resulting from a direct allotment of the 

funding formula without adjustment. 

IV. Minimum Funding Provisions 

A state area that would receive less 

than $60,000 by application of the 

formula will, at the option of the DOL, 

receive no allotment or, if practical, be 

combined with another adjacent state 

area. Funding below $60,000 is deemed 

insufficient for sustaining an 

independently administered program. 

However, if practical, a state jurisdiction 

that would receive less than $60,000 

may be combined with another adjacent 

state area. 

V. Program Year 2021 State Allotments 

The state allotments set forth in the 

Table appended to this notice reflect the 

distribution resulting from the allotment 

formula described above. For PY 2020, 

$85,229,000 was appropriated for 

migrant and seasonal farmworker 

training grants and allotted based on the 

PY 2018 formula updates. The figures in 

the first numerical column show the 

actual PY 2020 formula allotments to 

state service areas. The next column 

shows the percentage share of each 

allotment to the total available. 

For PY 2021, the funding level 

provided for in the Act for the migrant 

and seasonal farmworker program is 

$93,896,000 of which $87,083,000 was 

appropriated for training grants. After 

allowable funds are set aside for 

program integrity ($137,000), the 

Department will allot $86,946,000 for 

training grants based on the formula and 

data outlined in this notice. For 

purposes of illustrating the effects of the 

updates to the allotment formula, 

columns 3 and 4 show the state service 

area allotments with the application of 

the first-year (95 percent) hold-harmless 

and minimum funding provisions, 

followed by the percentages. The 

difference between PY 2021 and PY 

2020 allotments is shown in column 5. 

Column 6 of the Table shows the 

allotments based on the formula without 

the application of the hold-harmless or 

minimum funding provisions. The 

percentages are reported in column 7. 

U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, NATIONAL FARMWORKER JOBS PROGRAM— 

CAREER SERVICES AND TRAINING GRANTS

[Impact of final PY 2021 allotments to states] 

State 

PY 2020 PY 2021 

Allotment Percentage 

share 

With hold harmless Without hold harmless 

Allotment Percentage 

share 

Difference 

(PY 2021 vs. 

PY 2020) Allotment Percentage share 

(1) (2) (3) (4) (5) (6) (7) 

Total ...................... $85,229,000 100.00000 $86,946,000 100.00000 $1,717,000 $86,946,000 100.00000 

Alabama ....................... 801,605 0.94053 776,866 0.89350 (24,739) 774,531 0.89082 

Alaska .......................... ........................ 0.00000 ........................ 0.00000 ........................ ........................ 0.00000 

Arizona ......................... 2,538,153 2.97804 2,459,822 2.82914 (78,331) 2,547,948 2.93049 

Arkansas ...................... 1,144,067 1.34234 1,193,276 1.37243 49,209 1,262,754 1.45234 

California ...................... 23,333,261 27.37714 22,613,160 26.00828 (720,101) 23,114,407 26.58478 

Colorado ....................... 1,347,060 1.58052 1,662,689 1.91232 315,629 1,759,499 2.02367 

Connecticut .................. 402,388 0.47213 501,264 0.57652 98,876 530,450 0.61009 

Delaware ...................... 155,864 0.18288 154,593 0.17780 (1,271) 163,594 0.18816 

Dist of Columbia .......... ........................ 0.00000 ........................ 0.00000 ........................ ........................ 0.00000 

Florida .......................... 3,763,684 4.41597 3,647,531 4.19517 (116,153) 3,159,183 3.63350 

Georgia ........................ 1,671,697 1.96142 1,656,566 1.90528 (15,131) 1,753,019 2.01622 

Hawaii .......................... 322,061 0.37788 312,122 0.35898 (9,939) 157,635 0.18130 

Idaho ............................ 1,777,707 2.08580 2,194,625 2.52412 416,918 2,322,406 2.67109 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 114 / Wednesday, June 16, 2021 / Notices 32065 

U.S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, NATIONAL FARMWORKER JOBS PROGRAM— 

CAREER SERVICES AND TRAINING GRANTS—Continued 

[Impact of final PY 2021 allotments to states] 

State 

PY 2020 PY 2021 

Allotment Percentage 

share 

With hold harmless Without hold harmless 

Allotment Percentage 

share 

Difference 

(PY 2021 vs. 

PY 2020) Allotment Percentage share 

(1) (2) (3) (4) (5) (6) (7) 

Illinois ........................... 1,746,897 2.04965 1,829,288 2.10394 82,391 1,935,797 2.22644 

Indiana ......................... 1,145,731 1.34430 1,229,140 1.41368 83,409 1,300,706 1.49599 

Iowa .............................. 1,588,068 1.86330 1,756,778 2.02054 168,710 1,859,065 2.13818 

Kansas ......................... 1,220,211 1.43169 1,243,435 1.43012 23,224 1,315,834 1.51339 

Kentucky ...................... 1,044,219 1.22519 1,011,993 1.16393 (32,226) 836,164 0.96170 

Louisiana ...................... 798,040 0.93635 782,626 0.90013 (15,414) 828,194 0.95254 

Maine ........................... 328,886 0.38589 408,044 0.46931 79,158 431,802 0.49663 

Maryland ...................... 386,681 0.45370 521,061 0.59929 134,380 551,400 0.63419 

Massachusetts ............. 364,444 0.42761 512,780 0.58977 148,336 542,637 0.62411 

Michigan ....................... 2,129,494 2.49856 2,073,573 2.38490 (55,921) 2,194,306 2.52376 

Minnesota ..................... 1,629,902 1.91238 1,579,601 1.81676 (50,301) 1,664,564 1.91448 

Mississippi .................... 1,026,761 1.20471 995,074 1.14447 (31,687) 922,368 1.06085 

Missouri ........................ 985,363 1.15614 1,219,415 1.40250 234,052 1,290,415 1.48416 

Montana ....................... 628,528 0.73746 699,452 0.80447 70,924 740,177 0.85131 

Nebraska ...................... 1,295,534 1.52006 1,255,552 1.44406 (39,982) 1,319,642 1.51777 

Nevada ......................... 190,893 0.22398 223,924 0.25754 33,031 236,962 0.27254 

New Hampshire ........... 115,590 0.13562 145,953 0.16787 30,363 154,451 0.17764 

New Jersey .................. 602,990 0.70749 769,856 0.88544 166,866 814,680 0.93700 

New Mexico ................. 1,049,022 1.23083 1,067,856 1.22818 18,834 1,130,032 1.29969 

New York ..................... 1,574,968 1.84793 2,169,172 2.49485 594,204 2,295,471 2.64011 

North Carolina .............. 2,638,326 3.09557 2,556,903 2.94079 (81,423) 2,107,580 2.42401 

North Dakota ................ 828,016 0.97152 802,462 0.92294 (25,554) 778,997 0.89595 

Ohio .............................. 1,417,710 1.66341 1,437,210 1.65299 19,500 1,520,892 1.74924 

Oklahoma ..................... 1,007,381 1.18197 976,292 1.12287 (31,089) 926,713 1.06585 

Oregon ......................... 2,447,454 2.87162 2,371,922 2.72804 (75,532) 2,335,380 2.68601 

Pennsylvania ................ 1,485,920 1.74344 1,762,208 2.02678 276,288 1,864,813 2.14479 

Puerto Rico .................. 2,420,800 2.84035 2,346,090 2.69833 (74,710) 2,043,240 2.35001 

Rhode Island ................ 60,713 0.07124 64,858 0.07460 4,145 68,635 0.07894 

South Carolina ............. 811,276 0.95188 786,239 0.90428 (25,037) 695,074 0.79943 

South Dakota ............... 610,598 0.71642 665,710 0.76566 55,112 704,471 0.81024 

Tennessee ................... 894,737 1.04980 867,124 0.99731 (27,613) 631,232 0.72600 

Texas ........................... 5,281,950 6.19736 5,118,941 5.88749 (163,009) 4,630,482 5.32570 

Utah .............................. 466,894 0.54781 653,979 0.75217 187,085 692,057 0.79596 

Vermont ........................ 185,768 0.21796 204,723 0.23546 18,955 216,643 0.24917 

Virginia ......................... 1,002,595 1.17635 971,653 1.11754 (30,942) 784,640 0.90245 

Washington .................. 4,518,313 5.30138 4,510,391 5.18758 (7,922) 4,773,008 5.48962 

West Virginia ................ 155,408 0.18234 150,612 0.17322 (4,796) 112,164 0.12900 

Wisconsin ..................... 1,639,775 1.92396 1,719,060 1.97716 79,285 1,819,152 2.09228 

Wyoming ...................... 245,597 0.28816 312,536 0.35946 66,939 330,734 0.38039 

Suzan G. LeVine, 

Principal Deputy Assistant Secretary, 

Employment and Training, Labor. 

[FR Doc. 2021–12604 Filed 6–15–21; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice includes the 

summaries of two petitions for 

modification submitted to the Mine 

Safety and Health Administration 

(MSHA) by the party listed below. 

DATES: All comments on the petitions 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before July 16, 2021. 

ADDRESSES: You may submit your 

comments including the docket number 

of the petition by any of the following 

methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 202–693–9441. 

3. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452, Attention: Jessica 

Senk, Director, Office of Standards, 

Regulations, and Variances. Persons 

delivering documents are required to 

check in at the receptionist’s desk in 

Suite 4E401. Individuals may inspect 

copies of the petition and comments 

during normal business hours at the 

address listed above. 

MSHA will consider only comments 

postmarked by the U.S. Postal Service or 

proof of delivery from another delivery 

service such as UPS or Federal Express 

on or before the deadline for comments. 


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