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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Proposed Rules
G. Regulatory Flexibility Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This proposed rule does not have tribal implications because it does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Accordingly, E.O. 13175, Consultation and Coordination with Indian Tribal Governments, requires no further agency action or analysis.
List of Subjects in 20 CFR Part 655

PART 655TEMPORARY
EMPLOYMENT OF FOREIGN
WORKERS IN THE UNITED STATES
1. The authority citation for part 655
continues to read as follows:

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Authority: Section 655.0 issued under 8
U.S.C. 1101a15Eiii, 1101a15Hi and ii, 8 U.S.C. 1103a6, 1182m, n, p, and t, 1184c, g, and j, 1188, and 1288c and d; sec. 3c1, Pub. L. 101238, 103
Stat. 2099, 2102 8 U.S.C. 1182 note; sec.
221a, Pub. L. 101649, 104 Stat. 4978, 5027
8 U.S.C. 1184 note; sec. 303a8, Pub. L.
102232, 105 Stat. 1733, 1748 8 U.S.C. 1101
note; sec. 323c, Pub. L. 103206, 107 Stat.
2428; sec. 412e, Pub. L. 105277, 112 Stat.
2681 8 U.S.C. 1182 note; sec. 2d, Pub. L.
10695, 113 Stat. 1312, 1316 8 U.S.C. 1182
note; 29 U.S.C. 49k; Pub. L. 107296, 116
Stat. 2135, as amended; Pub. L. 109423, 120
Stat. 2900; 8 CFR 214.2h4i; and 8 CFR
214.2h6iii; and sec. 6, Pub. L. 115218, 132 Stat. 1547 48 U.S.C. 1806.
Subpart A issued under 8 CFR 214.2h.
Subpart B issued under 8 U.S.C.
1101a15Hiia, 1184c, and 1188; and 8
CFR 214.2h.
Subpart E issued under 48 U.S.C. 1806.
Subparts F and G issued under 8 U.S.C.
1288c and d; sec. 323c, Pub. L. 103206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub.
L. 11474 at section 701.
Subparts H and I issued under 8 U.S.C.
1101a15Hib and b1, 1182n, p, and t, and 1184g and j; sec. 303a8, Pub. L. 102232, 105 Stat. 1733, 1748 8
U.S.C. 1101 note; sec. 412e, Pub. L. 105
277, 112 Stat. 2681; 8 CFR 214.2h; and 28

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Subpart BLabor Certification Process for Temporary Agricultural Employment in the United States H
2A Workers 2. Amend 655.103b by revising the definition of Adverse effect wage rate to read as follows:

655.103 Overview of this subpart and definition of terms.

Administrative practice and procedure, Employment, Employment and training, Enforcement, Foreign workers, Forest and forest products, Fraud, Health professions, Immigration, Labor, Passports and visas, Penalties, Reporting and recordkeeping requirements, Unemployment, Wages, Working conditions.
For the reasons stated in the preamble, the Department of Labor proposes to amend 20 CFR part 655 as follows:

VerDate Sep<11>2014

U.S.C. 2461 note, Pub. L. 11474 at section 701.
Subparts L and M issued under 8 U.S.C.
1101a15Hic and 1182m; sec. 2d, Pub. L. 10695, 113 Stat. 1312, 1316 8 U.S.C.
1182 note; Pub. L. 109423, 120 Stat. 2900;
and 8 CFR 214.2h.

b
Adverse effect wage rate AEWR. The wage rate published by the OFLC
Administrator in the Federal Register for non-range occupations as set forth in 655.120b and range occupations as set forth in 655.211c.

3. Amend 655.120 by revising paragraphs b1i through iii and b5 to read as follows:
655.120

Offered wage rate.

b1
i For occupations included in the Department of Agricultures USDA
Farm Labor Survey FLS field and livestock workers combined category:
A If an annual average hourly gross wage in the State or region is reported by the FLS, that wage shall be the AEWR for the State; or B If an annual average hourly gross wage in the State or region is not reported by the FLS, the AEWR for the occupations shall be the statewide annual average hourly gross wage in the State as reported by the Occupational Employment and Wage Statistics OEWS survey; or C If a statewide annual average hourly gross wage in the State is not reported by the OEWS survey, the AEWR for the occupations shall be the national annual average hourly gross wage as reported by the OEWS survey.
ii For all other occupations:
A The AEWR for each occupation shall be the statewide annual average hourly gross wage for that occupation in the State as reported by the OEWS
survey; or B If a statewide annual average hourly gross wage in the State is not reported by the OEWS survey, the AEWR for each occupation shall be the national annual average hourly gross wage for that occupation as reported by the OEWS survey.

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iii The AEWR methodologies described in paragraphs b1i and ii of this section shall apply to all job orders submitted, as set forth in 655.121, on or after January 31, 2022, including job orders filed concurrently with an Application for Temporary Employment Certification to the NPC for emergency situations under 655.134.
For purposes of paragraphs b1i and ii of this section, the term State and statewide include the 50 States, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands.

5 If the job duties on the Application for Temporary Employment Certification do not fall within a single occupational classification, the applicable AEWR shall be the highest AEWR for all applicable occupations.

Angela Hanks, Acting Assistant Secretary for Employment and Training, Labor.
FR Doc. 202125803 Filed 113021; 8:45 am BILLING CODE 4510FPP

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission 25 CFR Part 559
RIN 3141AA76

Facility License Notifications National Indian Gaming Commission.
ACTION: Proposed rule.
AGENCY:

The National Indian Gaming Commission proposes to amend our facility license notifications. The proposed rule would modify the requirement that facility license notice submissions include a name and address of the proposed gaming facility.
Specifically, the National Indian Gaming Commission would require the submission of the name and address of the property only if known when the facility license notification is submitted to the NIGC Chair. The Commission proposes this action to assist tribal governments, and tribal gaming regulatory authorities that face challenges in meeting the regulatory requirement in instances where a facility has not been issued a name or address.
DATES: The agency must receive comments on or before January 3, 2022.
ADDRESSES: You may send comments by any of the following methods:
SUMMARY:

E:FRFM01DEP1.SGM

01DEP1