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Featured News - Current News - Archived News - News Categories
The Niagara Falls Branch of YMCA Buffalo Niagara has begun its fundraising effort for the 2013 "Strong Kids Campaign," under the leadership of campaign co-chairs Donald E. Burns and Lori Pellow.
The Niagara Falls Family YMCA, located at 1317 Portage Road, is an agency that has served downtown Niagara Falls for more than 108 years. For generations, the Y has been helping to shape the lives of people of all ages in spirit, mind and body by offering a wide array of services, including, preschool, child care, camping, youth sports, swimming lessons, teen leadership development programs, family support programs and fitness and recreation programs for adults, children, teens and seniors.
To ensure that no one is turned away due to an inability to pay, the Y provides financial assistance to those unable to afford the full cost of its programs and services. Last year, the Niagara Falls branch raised more than $46,000 during the "Strong Kids Campaign," and awarded more than $127,000.
One hundred percent of every dollar raised stays with the branch to support the residents of Niagara Falls. To learn more about the campaign or about the services provided, call 716-285-8491 or visit www.ymcabuffaloniagara.org.
Donations for the "Strong Kids Campaign" are gratefully accepted online or through check or money order, made payable to "Niagara Falls Family YMCA" and mailed directly to 1317 Portage Road, Niagara Falls, NY 14301.


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Interior Design
Cater Equipment
Casseva House, 4 Withdean Court Avenue, Brighton, Sussex (East) BN1 6YF
Tel: 0845 8385308
About Us:
Cater Equipment are a National Catering Equipment Supplier. The services are offered to the whole Food Service Industry including restaurants, pubs, hotels, cafes and canteens. Cater Equipment offer supply only or full project management including procurement, design and installation. Service contracts are also on offer for new and used catering equipment. We offer the UK's widest variety of new and used catering equipment at excellent rates. Some of the major product lines have up to 75% discount from published list prices.
What We Offer:
We offer new and used catering equipment, commercial refrigeration, commercial dishwashers, glasswashers and barware from major brand names and budget lines. We have huge stocks of both new and used equipment and offer free next day deliveryon all orders over Ł30. We will not be beaten on price and offer our price match promise guarantee, where we will beat any published price by 5%.
Contact name:
Karl Joseph
Centreline Commercial Kitchens Ltd
Units 9 & 24 Lower Bassett Down Business Park, Hay Lane, Wroughton, Swindon, Wiltshire SN4 9QP
Tel: 01793 845006
Fax: 01793 845007
About Us:
Centreline Commercial Kitchens has been established since 1998 catering to the small and large caterer alike. We provide service covering design, supply and installation from initial layout concepts right through to handover of a complete kitchen including after sales support. We are equally happy to provide very competitive quotations on one-off items or bundles of Light Equipment and are able to offer a prompt and knowledgeable response to any enquiry you may have. To support you we have a network of installation and service engineers covering locations throughout England and Wales. All are Corgi or NIC EIC registered with extensive product knowledge. Our office is equipped with the latest Autocad 2004 technology.
What We Offer:
Our scope of services covers the following specialisations: Contract Design - fully experienced Autocad designers, new fit-out or refurbs. Project Management - from order to handover and beyond. One contact for the Project Contract Supply & Installation - itemised tendering and installation teams. Extract & Supply-Air Kitchen Ventilation Systems - canopy only or full systems Heavy Equipment Sales - fully warranted for minimum 12 months (eg. prime cooking eqpt, all refrigeration, tabling, sinks and ancillary items) Light Equipment Sales - (eg. pots, pans, utensils, cutlery, crockery & glassware). Special Fabrications. Breakdown Servicing - Our aim is to provide you with the best advice, equipment and service at all times.
Contact name:
Phil Harris
Green Energy Lighting Ltd
52 Field Road, Lincoln, Lincolnshire LN4 4EA
Tel: 0845 880 2531
Fax: 0208 929 0851
About Us:
Green Energy Lighting are importers and distributors of high quality lighting products for the hotel and hospitality industry.Our aim is to save money on spiralling energy costs by introducing products that can save our customers up to 95% of their electricity costs.We constantly research the market for the most cost effective products mainly in LED and compact fluorescent lamps and fittings. Our sales people are able to assess your needs in illumination by carrying out in depth surveys and provide you with the most cost effective solutions to current energy problems. In most cases we strive to save our customers up to 95% of their energy costs linked with low maintenance costs due to the extended long life of our products which can be as much as 10 years.
What We Offer:
We offer a comprehensive price list on all stocked products on request. All products not currently stocked can be supplied within 48 hours with no hidden charges like minimum order or delivery costs into central london. Our popular in depth energy surveys are free of charge and are designed to highlight where significant savings can be made.We are able to demonstrate prior to purchase a full range of designer lighting including colour change, stage and studio static effects and wall washing etc.other product ranges include exterior LED Lighting with 50,000 hour life,sign lighting,Comprehensive decorative fitting range, and commercial catering appliances. For more details contact us through our website at www.greenenergylighting.co.uk
LED Save Solutions
3 Global Business Park, Hull, East Yorkshire HU7 0AE
Tel: 01482 820099
About Us:
Our only business is the sale of LED lighting and our aim is to save your business money, whilst improving your lighting and conserving the world's resources. We are one of the largest LED importers in the country, which means the latest LEDs at the most economical price. Our product consultants are here to help you select the right LEDs. LED Save Solutions' electrical team is headed by a Part P qualified electrician and our lighting consultants ensure you get the right lighting for your premises. We are a VAT registered, UK business.
What We Offer:
LED Save Solutions supply a wide range of high quality, yet affordable LED lamps/bulbs to businesses and consumers. Unlike many cheap looking LEDs on sites like eBay, our LEDs look great and we are happy to offer a 2 year+ guarantee! We offer a free site survey of your premises to calculate the savings possible from switching to LED lighting and supply a no obligation quotation on a supply only or project installation basis. LED products include: spotlights, candles, golf balls, LED tubes, floodlights, LED ceiling panels and more. We can also help with financing options and advice on green incentives. Call or email now for our LED price list or simply for advice or information.
Contact name:
Ocean Design
LONDON:, 26 York St, London W1U 6PZ, YORKSHIRE:, 21 Barstow Square, Wakefield WF1 2SF
Tel: 020 7788 7819
Fax: TEL. 01924 382826
About Us:
Award winning Ocean Design provides the leisure industry with a one-stop-shop for design and refurbishment. Whether the project involves a bar, restaurant, hotel or club, Ocean can provide you with a reliable design service and offer independent advice to help your business succeed. To date our experienced design team have worked on projects in the UK, throughout Europe and Mexico, offering over 20 years experience. Our reputation speaks for itself as a great deal of our work comes via word of mouth. We also pride ourselves on the amount of repeat business we receive from existing Clients.
What We Offer:
Services range from producing initial feasibility design schemes through to a full turn key package such as "bar in a box". Advice is also available on legislation.
Premier Lighting and Lampshades
84 Cox Green Road, Bolton, Lancashire, Greater Manchester BL7 9HE
Tel: 01204 414366
About Us:
Premier lampshades are British manufacturers of top quality custom-made, contemporary and traditional lampshades. As lampshade manufacturers, we have over 25 years of experience and pay great attention to both quality and detail of our lampshades. We have a dedicated team of professionals who ensure a consistent level of quality and service at all times. All our lampshades are custom made to our own individual design using the highest quality fabrics. All are enhanced by top quality braids, fringes and tassels to complement each lampshade. We have provided lampshades for numerous pubs, hotels and interior designers.
What We Offer:
Premier lampshades offer hand made fabric lampshades custom made to suit your needs. We can offer the shades in bulk and have a bespoke service available. We also offer a lampshade recovering service for those tired looking lampshades. If you like the lampshade style you already have we can recover them in either our fabric or your own fabric. This service works well if you are having curtains etc made and you would like the lampshades to match. In addition we have a large range of indoor and outdoor lighting in all styles and designs. Discounts are offered on multiple item orders, please ring for more details.
Contact name:
Ian Holbrook
4 Plas St Andresse, Vale OF Glamorgan, CF64 1BW, Wales (South) CF64 1BW
Tel: 02920 350043
Fax: Mobile 07980 814605
About Us:
Established in 2008, The Flowerbranch is a South Wales based company specialising in flameless candles and topiary art.We supply a range of completely safe flameless candles from tea lights, to 9" real wax church candles either for sale or for hire. We have supplied Mayfair Hotel in London, Le Gallois Restaurant in Cardiff, The Hilton Hotel , Ha Ha's and The Saunton Sands Hotel in North Devon. With more and more venues becoming conscious of fire regulations and the dangers real candles can pose, we are finding that our flameless candles offer the same ambience as real candles but without the associated risks. We keep a wide range of candles in stock, and most orders can be fulfilled within 3-5 working days. For our full range or products visit us at www.theflowerbranch.co.uk
What We Offer:
We offer the best flameless candles on the market. Moulded in real wax or silicone these are cost effective and health & safety concious. Customers complained of having to remove wax from tables and relight constantly. Our flickering candles look and feel like real candles, but no heat, no mess. Free up your staff for what they should be doing. We also hold a range of stunning interior decoration and offer the newest Photograph Enlargement Technology. Our Topiary animals and topiary sculptures are sure to attract you more visitors. Many topiaries are life size and don't need a lot of looking after. An eye pleaser to everyone. The topiaries have won many garden awards for there stunning visual impact. Topiaries come fillled or frame only, allowing you to add lights or other decoration.
Contact name:
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Panel Upgrades in North Brentwood, MD 20722
Need more Power in your North Brentwood home or office?
You can't see what's behind the walls, but if your wiring is outdated, you may notice sporadic light flickering, power fluctuations, or circuit breakers that trip when you use more than one appliance.
Perkin Electric LLC can install a brand new panel that boosts your service, adds more breakers, and increases the number of circuits you have in your home or office. Call (571) 293-0943 to schedule an inspection and free quote.
Perkin Electric LLC will upgrade your electrical panel safely and properly.
Electrical wiring and upgrades should always be done by a licensed electrician to ensure that all work is done in compliance with North Brentwood and Maryland building codes.
Keep your family and North Brentwood property safe by calling the licensed electricians at Perkin Electric LLC to handle the job: (571) 293-0943.
A certified Perkin Electric LLC electrician will inspect the wiring and electrical panels in your North Brentwood home or office to determine whether or not an upgrade is necessary.
Perkin Electric LLC electricians are trained and certified to remove outdated panels and install NEC compliant panels that give you increased power capacity.
Call for FREE Panel Upgrades Quote


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McClanahan/L.F. Roberts Dry Goods
Description: McClanahan/L.F. Roberts Dry Goods. Now located at 206 E Corpus Christi Street, the McClanahan House is the oldest business structure in Beeville. The building, the second store built in Beeville by George W. McClanahan, was erected around 1867 on the east side of the courthouse square, near Poesta Creek. The house served as general store, lodging house, and post office. It was built in the pioneer western style, with southern porches. McClanahan was Beeville's first merchant; he was among the first to buy auctioned lots in the newly formed town of Beeville in 1859. McClanahan also served as schoolteacher, postmaster, county clerk, innkeeper, and Sunday school superintendent. After McClanahan's death, L.F. Roberts purchased and operated the store for many years. In 1962, the building was purchased by the Historical Society for $600, and moved to its present site. The building is still the "home" of the society, and meetings are held there.
Date: 1880~
Item Type: Refine your search to only Photograph
Partner: Bee County Historical Commission


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I live and work in Austin, Texas in whatever coffeeshop or office space will have me.
I enjoy long walks on the beach and the arts.
What I do
I design things, build websites, launch companies, develop marketing strategies, lollygag on Facebook, take pictures of things, think about the future, and other stuff.
Want to drink some coffee?
I do a lot of things, as I'm sure you do, perhaps we can help each other out!


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London Knight Pros win the Euro Can Cup
Congratulations to Sam Gagner, Rob Schremp and Marc Pouliot and the rest of the London Knights Pros team for winning the 2009 Euro Can Cup. The London Knights went 3-0 to earn a bye into the final in which they won 7-4 over EV Zug. Sam Gagner finished the tournament first in points with a 3 points-per-game average, with 12 points in 4 games. Rob Schremp and Marc Pouliot each had 7 points in 4 games for 3rd in overall scoring. Continue reading 'London Knight Pros win the Euro Can Cup'»


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divinedesign needed a new stationery design and created a contest on 99designs.
A winner was selected from 43 designs submitted by 12 freelance designers.
This 2 page form needs a designer's eye to make it look attractive and professional.
The content is already done. No copy required! Just layout improvement and design.
SIMPLE DELIVERY: is two images 8x11" that i will then convert to PDF.
The 2 source pages are available on photobucket to work with.
$100 BONUS if you can also deliver a PDF document that is a template form where a person can just fill in the form in adobe acrobat. Let us know!
Add some color, some icons maybe? Better use of space. Larger font. Enough space to write when necessary. Section C can move onto page 2.
Page 1 http://i484.photobucket.com/albums/…ge1ins.jpg
Page 2
$100 BONUS if you can also deliver a PDF document that is a template form where a person can just fill in the form in adobe acrobat. Let us know!
- full use of two pages space.
- use navy blue as primary color and possible accent colors at designers discretion
- make font as large as possible to make it readable
- give enough space to write
- must look professional
- should look polished and easy on the eyes
- no dark background.
- no logo or company name please
- typo on page 1C4. should say primary
- Page 2 DELETE the duplicate section
- Page 2B should change from "Declaration of assets" to "Household Assets"
- Page 2B instruction: "YOU SHOULD COMBINE" instead of "YOU MAY COMBINE" The instruction also should move up above the questions, not below, as in the sample


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She is Member Tera-Mai Reiki & Seichem association US & Founder of Tera-Mai Reiki & Seichem association of India.
LAMA-FERA is the worlds most fastest Healing Technique for physic problems, this technique used to remove the pressure of thoughts and increase Pranic Energy, which helps in re-construction of damage cells and starts Auto Healing System of the body. Lama Fera is a powerful healing system which has been used since 620 BC. Disciples of Lord Buddha have been trying to treat and heal incurable diseases and problems of the soul. Lama Fera was discovered by the efforts of Buddhist Monks and has thereafter been propagated by masters. He redeemed the people from their sorrows and diseases. It is used there for physical, mental, emotional, and spiritual healing. Lama-Fera is the union of two words. Both the words have their own identity and importance. Lama means follower, who follows the philosophy of Buddha, making it part of his life from core of his heart; and Fera means the two and half times of circumvention. It has 12 symbols to practice. Though its method of treatment or healing is quite different from what we practice in Reiki and other healing therapies but, its symbols have abundance power to treat highest level of negative energies.
Master Healer Level
Master Teacher Level


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Follow Us
Talking hairdo is a television journalist (or announcer) who looks like he thinks his appearance is more important than the news he is talking about. "Hairdo" means hairstyle, and "talking hairdo" (i.e. a hairstyle that talks) are supposed to spend more time on their hairstyle than on the news. This term can be used for both men and women.


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Media Statements & Speeches
Chairman Jon Wellinghoff Statement
December 20, 2012
Administrative & General Announcements
I have a few announcements before we begin with our agenda items.
As we gather together with our family and friends for the holidays, please stop and take the time to give thanks for all the good things of the year just passed, to rejoice in our children, to enjoy the company of our loved ones. We have much to pause and be thankful for in this country, but we also should pause to help those who may be suffering from economic or emotional trials and tribulations.
I am proud to report to you all that the good people of our agency have stepped up to that challenge once again. We at FERC have currently raised $435,300 or 118 percent of our goal for the Combined Federal Campaign.
So let me put this in a little perspective for you.
For 10 agencies of similar size who participated in the Combined Federal Campaign for the National Capital Region:
- Per-capita pledges ranged from a low of $26 per person to a high of - $323 person here at FERC- We are #1. Next closest to FERC - $253-
- Total dollars pledged ranged from a low of $41,256 to a high of $435,300 here at FERC. Next closest to FERC - $352,297. Again FERC is #1.
- Participation ranged from a low of 6% - a high of 61%. Guess where- Yes FERC #1 again.
- And finally, percent pledged to goal ranged from a low of 40% - a high of 118% of goal. And where was that at- FERC.
So you see FERC is a very special place to be because of the people who work here day in and day out. I have said this many times, because it is truly heartfelt. Our FERC staff are the best employees in the federal government and to borrow a phrase from Garrison Keelor- they are all way above average- when it comes to competence and dedication, their depth of knowledge and skills, their work ethic, and astounding creativity, and certainly as evidenced by their generous efforts for the Combined Federal Campaign, their commitment to the public good.
I want to thank you and wish every one of you a very merry holiday season and a safe and prosperous New Year.
The end of the year is also a time when we often have to say goodbye and thanks to some special colleagues. First, it is my privilege to announce the retirement of Kevin Kelly of our Office of Energy Policy and Innovation. Prior to joining the Commission, Kevin carved out a distinguished career as an energy policy guru. He was the Director of the Office of Electricity, Coal, Nuclear, and Renewable Policy in the U.S. Department of Energy. In that position, Kevin was responsible for the strategic vision for implementing the Energy Policy Act of 1992.
Kevin Kelly joined the Commission in 1994. Since that time, Kevin has been instrumental in policies and strategies underlying the initiation and implementation of numerous landmark orders, including the Commissions orders on open access transmission, regional transmission organizations, removing barriers to non-traditional resources participation in the wholesale markets and, most recently, regional transmission planning and cost allocation. Kevins performance at FERC and his contributions to the Office of Energy Policy and Innovation are an enduring legacy.
Seven generations of Chairman and Commissioners have been extremely well served by Kevin Kellys insights and counsel. For me personally, I have always appreciated and admired Kevins depth of institutional history and comprehensive knowledge of energy policy that he commands enabling him to provide me with an informed and measured perspective on any idea or initiative he and I would discuss. Kevin has been a truly valued Chairmans advisor to me and to all of my predecessors. So it is with great pleasure that I present Kevin with the Chairman's Medal.
Next, I would like to announce the retirement of Chuck Schneider, Director of the Office of Executive Director. Chuck has had a very distinguished career. Chuck began his Federal Service in July 1969 in the U.S. Navy and was commissioned an Officer in July 1970. During his service, Chuck has been recognized with the following awards:
- Meritorious Service Medal with Gold Star
- Navy Commendation Medal
- Navy Achievement Medal with Gold Star
- Navy Unit Commendation with Bronze Star
- National Defense Service Medal with Bronze Star
- Overseas Service Ribbon with Bronze Star
Chuck began his Civilian Federal Service with the Smithsonian Institution as a Supervisory Civil Engineer in December 1991.
He then joined the National Gallery of Art, serving as their Deputy Administrator from March 1995 to June 2005. He was appointed as a member of the Senior Executive Service in June 2005 when he became the Executive Director for the Federal Trade Commission.
We were able to lure Chuck away from the FTC in December 2010 when he became our Executive Director a position that wears many hats overseeing the Commissions financial, information technology and human capital functions. Chuck has been an excellent financial steward of the Commission. During his tenure at FERC, Chuck accomplishments include an unprecedented 18 consecutive unqualified financial statement audit opinions; successfully directing a Commission-wide workforce reshaping assessment to review the future programmatic administrative and operations workforce needs; and successfully overseeing the modernization of the Commissions IT, financial, and human resources processes. I gives me great honor to recognize Chucks military and civilian service, and specifically his service here at the Commission with the Flag Award.
Finally, I have an announcement of a new appointment at FERC.
I am extremely pleased to announce that Anton Porter has accepted the position as the Commissions new Executive Director. Anton has been the Deputy Chief Financial Officer or the Chief Financial Officer for the past 7 years. He also serves as the Chairman of the Small Agency Councils Finance Committee. I have every confidence, given Antons skill, experience and work ethic, that he will carry on in the exemplar traditional of our 2 immediate past EDs, Tom Herlihy and Chuck Schneider.
Congratulations Anton.
On todays agenda, we approve two orders related to the Valley Electric Association, a member-owned electric cooperative based in Pahrump, Nevada, which is joining CAISO, effective January 3, 2013. We also approve tariff provisions for the City of Colton, in California, which will become a member of CAISO, effective January 1, 2013.
On December 13, the MISO Board of Directors approved applications for transmission owning membership by Entergy Arkansas, Entergy Gulf States, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas and the South Mississippi Electric Power Association (SMEPA). Also this month, CLECO submitted a filing to the Louisiana Public Service Commission for approval to join MISO. And earlier this year, East Kentucky Power Cooperative filed a request with the Kentucky Public Service Commission to integrate its system into PJM.
In the wake of Order No. 2000, issued by the Commission this day 13 years ago, RTOs were formed to promote efficiency in wholesale electricity markets and to ensure that electricity consumers pay the lowest price possible for reliable service. While the Commission set forth principles for RTO structure and practices, the RTOs developed their own tariffs and agreements for self-governance, and membership was always voluntary. It is gratifying to see that, over the years, RTO development has been successful such that a variety of entities, from member-owned cooperatives to multi-state investor-owned utilities, have found it to their benefit to pursue membership in established RTOs.
This has been a big year for new entities joining RTOs, and I look forward to seeing what further developments that the New Year has to bring.
Thank you.


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I LOVE V8 Supercars, and I LOVE the Foxtel coverage, so looking forward to the 3 day coverage this w/e.
Very much looking forward to Newcastle, which looks to be a REAL street circuit with the cars literally going through parts of the town.
Who's gonna be champ?....wouldn't have a clue, but if I was aked for a prediction, I'd say,..... Whincup.


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Arouse me
Duration: 24min 30sec Views: 7 061 Submitted: 3 years ago Submitted by:
These two sexy girls just got done shopping for a lingerie party when they were checking each other out. Malena went in for a closer look at Kennedy's outfit, and her got herself all riled up. They started kissing like they were madly in love with each other. They both wanted more as Malena licked Kennedy's pussy clean. They moved out into the living room to get frisker then ever. They got things heated up and to say the least the lingerie did not make it to the party. It was removed with very little regard for the future events. The party was happening early as far as they were concerned. Kennedy dove into Malena's ass like it was a pumpkin pie. They swapped around until both of them came multiple times.


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product description page
2 year Target Square Trade Portable Electronics Protection Plan with Accidental Damage Coverage ($175-199.99)
About this item
- Treat your portable electronics to plans that protect
- Covers for all mechanical and electric failures
- Benefits: Free 2-way shipping, 24/7 support, no deductible
- Includes: Accidental damage, normal wear and tear and screen repair and more
SquareTrade 2 year Portable Electronics Protection Plan with Accidental Damage Coverage ($175-199.99). Your device is covered for all of life's accidents, plus mechanical and electrical failures from normal use. Intentional damage, loss, and theft are not covered.
Contract Delivery: Email
Benefits: Free 2-way shipping, 24/7 support, no additional cost, no deductible
Support: Phone, online
Includes: Accidental damage from handling coverage, Normal Wear and Tear Coverage, screen repair, electrical defects, failures due to drops, failures due to spills, mechanical defects
Service plan type: Squaretrade - portable electronics
Maximum Qualifying Item Price: 199.99
Minimum Qualifying Item Price: 175
Number of Years Protected: 2 years
Item Number (DPCI): 262-01-0469
Origin: Made in the USA
If the item details above aren't accurate or complete, we want to know about it. Report incorrect product info.
Email delivery
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Send it today
Prices, promotions, styles and availability may vary by store & online. See our price match guarantee. See how a store is chosen for you.


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Wage and Hour Division (WHD)
Preamble to 29 CFR Part 500
Migrant & Seasonal Agricultural Worker Protection Act
Agency: Wage and Hour Division, Employment Standards Administration, Labor.
Action: Final rule.
This document amends the regulations under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to implement statutory changes to MSPA concerning the relationship between workers' compensation benefits and the benefits available under the MSPA. The statutory amendments to MSPA specifically require changes in the MSPA regulations concerning disclosure of workers' compensation information and additionally require reconsideration of the MSPA-required transportation liability insurance. This document also amends existing regulations to provide for expedited proceedings before an Administrative Law Judge (ALJ) on actions initiated by the Administrator of the Wage and Hour Division to revoke, suspend, or refuse to issue or renew a Farm Labor Contractor Certificate of Registration, and for expedited review by the Secretary of Labor in such cases. Lastly, this document amends the regulations to indicate that the Certificate of Registration issued to farm labor contractors will reflect the maximum number of farm workers authorized to be transported.
Effective Dates:
The amendments to the authority citation for part 500 and to Secs. 500.48, 500.121, and 500.122 are effective on May 16, 1996. See: Dates of Applicability below. The amendments to Secs. 500.224, 500.262, and 500.268 are effective on July 15, 1996. The amendments to Secs. 500.75 and 500.76 are effective on August 14, 1996.
For More Information Contact:
Michael Hancock
Office of Enforcement Policy
Farm Labor Team
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Room S-3510, 200 Constitution Avenue
NW., Washington, DC 20210
Telephone (202) 219-7605.
This is not a toll-free number. Copies of this Final Rule in alternative formats may be obtained by calling (202) 219-7605, (202) 219-4634 (TDD). The alternative formats available are large print, electronic file on computer disk and audio-tape.
Supplementary Information:
- Paperwork Reduction Act of 1995
The paperwork requirements contained in the proposed regulations were submitted for review to the Office of Management and Budget pursuant to section 3507(d) of the Paperwork Reduction Act of 1995. OMB has approved these requirements under OMB No. 1215-0187 through April 30, 1999.
Title: Worker Information, Form WH-516.
Summary: This Final Rule amends sections 500.75 and 500.76 of Regulations, 29 CFR Part 500, to require disclosure to migrant and seasonal agricultural workers of certain information regarding the availability of workers' compensation insurance.
Need: Various sections of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 U.S.C. 1801 et seq., require that each farm labor contractor, agricultural employer and agricultural association disclose in writing the terms and conditions of employment to: (a) migrant agricultural workers at the time of recruitment (section 201(a)(1)); (b) seasonal agricultural workers, upon request, at the time of employment (section 301(a)(1)); and (c) seasonal agricultural workers employed through a day-haul operation at the place of recruitment (section 301(a)(2)). Sections 201(b) and 301(b), which relate to posting in a conspicuous place at the place of employment a poster provided by the Secretary setting forth the rights and protections afforded covered workers under MSPA, also require that each such employer provide to each worker (upon request in the case of seasonal agricultural workers) a written statement of the terms and conditions of employment. In addition, sections 201(g) and 301(f) require that such information be provided in English, or as necessary and reasonable, in a language common to the workers, and that the U.S. Department of Labor (DOL) make forms available to provide such information. Optional Form WH-516, Worker Information, is made available by DOL for these purposes. As an alternative to use of the Form WH-516, employers may disclose the terms and conditions of employment in writing to migrant workers (or upon request to seasonal workers), using any other format provided the required information is contained within the disclosure.
Pub. L. 104-49 provides in section 4 for the disclosure to the employee of certain additional information regarding workers' compensation insurance, i.e., whether workers' compensation is provided and if so, the name of the workers' compensation insurance carrier, the name of the policyholder of such insurance, the name and the telephone number of each person who must be notified of an injury or death, and the time period within which this notice must be given. Optional Form WH-516 has been revised to include this new statutorily-required information. The workers' compensation disclosure requirement can alternatively be met by the employer furnishing the worker with a photocopy of any notice regarding workers' compensation insurance required by law of the State in which such worker is employed. It is important to note that the information on the terms and conditions of employment required to be disclosed (including the workers' compensation information) is to be disclosed to prospective employees. Outside of an investigation context in which the employer is specifically requested to provide a copy of any written disclosure made to workers, this information is not to be forwarded to, nor will it be maintained by, the Federal government.
The public was invited to provide comments regarding estimates of the burden of the collection of information, the information collection requirements, and the disclosure requirements during the comment period for the Notice of Proposed Rulemaking (NPRM) published in the Federal Register on Monday, March 18, 1996 (see 61 Federal Register No. 53, Pg. 10911-10918). The comment period for the NPRM ended on Wednesday, April 17, 1996. Comments were received concerning meeting the workers' compensation disclosure requirement by providing a copy of any State- mandated disclosure only if it included all the information required by the optional DOL form. In response to these comments, this limitation has been deleted from the final rule as discussed below in connection with Secs. 570.75 and 570.76. The change does not, however, affect the burden estimates.
- Background
Public Law 104-49 amends the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) provisions dealing with the private right of action, the regulatory process for setting minimum transportation liability insurance requirements, and disclosure obligations to agricultural workers. The Act requires the Secretary to reexamine the current MSPA transportation insurance regulations and to amend the regulations governing disclosure. The insurance rulemaking must be completed and a final rule published within 180 days of enactment, or no later than May 13, 1996. The disclosure regulations, while under no statutory deadline, provide important new information to agricultural workers and require regulations before they become effective. In addition, the Department has determined that it is necessary to modify Form WH-511 (Farm Labor Contractor Certificate of Registration) to reflect the seating capacity of any vehicle(s) authorized for use in transporting covered workers (this modification will result in no additional burden or data collection as the information is already collected on Form WH-510--the Application for a Farm Labor Contractor Certificate of Registration).
The final regulation gives adjudication priority to administrative actions denying, revoking, or suspending a farm labor contractor (FLC) certificate. Currently, some FLCs continue to lawfully operate for extended periods awaiting an administrative hearing and final order on a certification action. This amended regulation establishes deadlines for Administrative Law Judge and Secretarial review proceedings in MSPA certificate actions.
The Department of Labor published a Notice of Proposed Rulemaking in the Federal Register on March 18, 1996 (61 FR 10911-10918). The public comment period on the proposed regulatory changes closed on April 17, 1996.
- Analysis of Comments
- Comments to the Proposed Rule
Comments to the Notice of Proposed Rulemaking (NPRM) were received from 27 organizations and individuals, representing the views of 69 organizations, public officials and individuals. Comments were received from five growers, 12 agricultural associations (with three organizations endorsing other's comments as well), two Congressional letters on behalf of five Members of the U.S. House of Representatives, four farmworker organizations (on behalf of 39 organizations and individuals), two attorneys who have represented farmworkers injured in traffic accidents, one individual, one insurance trade association, and one State government agency.
The comments were primarily focused on three subjects: disclosure of the terms and conditions of workers' compensation by providing farmworkers with a photocopy of the State-mandated notice; the minimum amount of vehicle liability insurance required under MSPA; and further elaboration on the meaning of "actual costs" in determining whether or not a "carpool" is subject to MSPA transportation and/or registration obligations.
- Summary of Comments
The comments submitted by two growers expressed displeasure with any insurance obligation under MSPA. Three expressed the view that insurance should be lowered from the current levels.
The comments submitted by most of the agricultural employer associations raised certain common issues. First, these commenters asserted that requiring the State-mandated workers' compensation notice to contain all the information required in the MSPA disclosure was not required by Pub. L. 104-49 and that the proposed regulations should be changed to delete this provision. Second, these commenters contended that DOL should retain the current MSPA insurance regulatory structure of two classes of vehicles, those with seating capacities of 15 and fewer and sixteen and more, and merely lower the minimum insurance required for each vehicle category. The insurance trade association echoed these views. Finally, most of the agricultural employer associations and organizations suggested that the Department should further explain the circumstances under which "carpool" arrangements will be considered legitimate (therefore, outside the scope of MSPA regulations) and when such arrangements will be considered not to be carpools (therefore, within the scope of MSPA regulations).
In addition to these broad themes running through many of the agricultural employer associations' comments, several commenters raised insurance issues and suggested other changes. Florida Citrus Mutual suggested a $10,000 to $25,000 per seat requirement because it would more closely approximate insurance levels for privately-owned noncommercial vehicles required under State laws. The California Grape and Tree Fruit League recommended insurance minimums of either $100,000 per person/$300,000 per accident or $250,000 per person/$500,000 per accident. The Nisei Farmers League recommended $300,000 to $500,000 for vehicles transporting fewer than 14 workers and $500,000 to $1 million for those transporting 15 or more workers. The New England Apple Council recommended insurance coverage based on 6 different seating capacity categories: $500,000 for up to 10 passengers; $600,000 for 11- 20; $700,000 for 21-30; $800,000 for 31-40; $900,000 for 41-50; and $1 million for 50 and above. The Florida Fruit and Vegetable Association recommended $300,000 for vehicles transporting 12 or fewer, and $500,000 for vehicles transporting more than 12.
Comments were submitted by four farmworker advocacy organizations on behalf of a number of individuals and organizations, including labor unions, State and county elected officials, religious service organizations serving farmworkers, a college professor, a trial lawyer organization, community organizations, and farmworker legal services providers. These commenters were concerned that the disclosure of workers' compensation information should be complete, timely and in a language the workers can understand and that the minimum amount of insurance necessary remain at the proposed $100,000 per seat in order to insure against reasonably foreseeable risk. One farmworker advocate sought clarification that transportation advances provided to a farmworker would not subject the farm labor contractor, agricultural employer or association providing the advance to the MSPA transportation requirements. Two attorneys with experience representing farmworkers involved in transportation accidents also commented in favor of the Department's proposed insurance provisions.
Comments were also submitted by five Members of the U.S. House of Representatives and one State agency, addressing three issues. Regarding the Proposed Rule's provision that the state-mandated workers' compensation poster would not satisfy MSPA disclosure requirements if the poster lacked information specified in Pub. L. 104- 49, all five Members expressed the view that the proposal was contrary to the statutory directive. Regarding the levels of vehicle liability insurance prescribed in the Proposed Rule, two Members (the Honorable Bill Goodling and Cass Ballenger) suggested that the Department should either devise a different regulatory formula or set lower minimum levels, and three Members (the Honorable Calvin M. Dooley, Gary A. Condit and Vic Fazio) noted "concerns that ICC insurance levels are unnecessarily high for those in agriculture transporting workers" and urged that the MSPA regulation assure a balance between protection of farmworkers and affordable insurance for transportation providers. All five Members requested further clarification regarding "carpooling". The State agency (Virginia Department of Labor and Industry) expressed the same views as the Members regarding the use of the state-mandated workers' compensation poster and the desire for further "carpooling" guidance, and suggested a modification of the Proposed Rule's formula for liability insurance levels.
As further explained below, the Final Rule has been revised to incorporate some of the suggestions received from the comments. First, the Rule on workers' compensation disclosure will make it clear that the State-mandated notice used by the employer does not have to include all the MSPA-specified information; the Rule will further provide that if the state workers' compensation law mandates that supplemental information be provided to the worker in the event of an injury, the disclosure of such information is required for the employer's continued compliance with the MSPA regulation. Second, the liability insurance regulation will cap insurance requirements at $5 million regardless of the seating capacity of the insured vehicle. Therefore, no transporter will be required to purchase more insurance than under the current regulation and most will be required to purchase less.
- Workers' Compensation Disclosure Requirements
The MSPA was amended by Pub. L. 104-49 to require farm labor contractors, agricultural employers and agricultural associations who recruit or hire agricultural workers subject to the requirements of the Act to provide the workers certain additional information about the terms and conditions of workers' compensation coverage, if such coverage is provided by the employer. This information must be in written form, and that disclosure document must be given to each agricultural worker to be retained in the event that the information contained therein becomes useful or necessary.
Under current regulations, the information to be disclosed to agricultural workers includes the place of employment, the period of employment, wage rate(s), crops and activities, whether transportation or other benefits are provided, housing and its cost (if provided), information about any strike, work stoppage, slowdown, or interruption in operations, and information about any employer charges for goods or services provided by the employer. The disclosures required by MSPA, including the new workers' compensation disclosure requirements under Pub. L. 104-49, must be given to each migrant agricultural worker at the time of recruitment. If the workers' compensation information required to be disclosed is unavailable at the time of recruitment, it must be disclosed to each worker at the earliest possible time that the information becomes available - but in no event later than the commencement of employment. Seasonal agricultural workers are entitled to the same information in the same form upon request.
It is important to note that Pub. L. 104-49 does not alter the requirement under MSPA that all other terms and conditions of employment be disclosed to covered workers at the time of recruitment. The provision added by Pub. L. 104-49 allowing an employer to delay full disclosure of the required workers' compensation information until it is available (but in no event later than the commencement of employment), applies only to the disclosure of required workers' compensation information.
Pub. L. 104-49 provides that migrant agricultural workers are entitled to receive, in writing, the name of the workers' compensation insurance carrier, the name of the policy holder of such insurance, the name and telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given. Seasonal agricultural workers must also receive the same workers' compensation information in writing if so requested by the worker(s). This Final Rule amends Secs. 500.75 and 500.76 to include these new statutorily-required disclosure items.
Pub. L. 104-49 provides that information concerning workers' compensation may be given to the worker in one of two ways. The farm labor contractor, agricultural employer, or agricultural association may provide the specified information in writing. The March 18 NPRM provided that this disclosure could be accomplished via the optional written disclosure form (Optional Form WH-516) made available by the Department. In the alternative, the farm labor contractor, agricultural employer or agricultural association may communicate the necessary workers' compensation information by giving the agricultural worker a photocopy of any notice regarding workers' compensation insurance required by the law of the State in which the worker is employed. To remain consistent with the underlying intent for the disclosure requirement, the Department included in its March 18 NPRM a proviso that giving a copy of a State-required workers' compensation form (or notice) to covered workers would be deemed to satisfy the disclosure requirement so long as the copy contains all of the workers' compensation information that must be disclosed.
During the comment period for the NPRM, five Members of Congress (the Honorable Bill Goodling, Cass Ballenger, Calvin Dooley, Gary Condit, and Vic Fazio), the Chairman of the Commonwealth of Virginia's Interagency Migrant Worker Policy Committee (Theron J. Bell), the American Insurance Association, and eleven grower associations expressed concerns about the proposed regulation which would recognize compliance with the workers' compensation disclosure requirement by providing the worker a copy of a State-mandated workers' compensation poster only if the poster contains the same workers' compensation information specified in Pub. L. 104-49. These commenters took the position that the proposed regulation was too restrictive, that it was contrary to the language of Pub. L. 104-49 regarding the use of State- mandated posters, and that it should provide employers more flexibility relative to the disclosure of workers' compensation information.
Four worker advocacy groups writing on their own and on behalf of thirty-five other worker assistance and advocacy groups, supported the Department's proposal in the NPRM regarding the workers' compensation information disclosure requirements.
After careful consideration of the comments received on the NPRM, the Department has determined that the plain language of the statute (Pub. L. 104-49) does not require that a State-mandated workers' compensation notice must contain information not already required by the State workers' compensation law. Accordingly, the NPRM proposal that would have allowed the State-mandated notice to be used only if it contained all of the information specified in Pub. L. 104-49 has been deleted in the Final Rule. However, it should be noted that although initial compliance with MSPA disclosure requirements can be met by providing the State-mandated notice, many State workers' compensation laws require additional disclosures to the worker if an injury occurs. If an employer chooses to comply with the MSPA workers' compensation disclosure obligations by providing the State-mandated notice but these state-mandated supplemental disclosures are not made to a worker, the failure to do so would constitute a failure to meet the workers' compensation disclosure requirements. In such cases, in order to remain in compliance with the MSPA disclosure requirements in the event of an accident or some other event that would trigger the applicability of workers' compensation, the State-mandated additional disclosures must be made by the employer. It is the Department's view that this interpretation imposes no new Federal requirements--rather, it provides employers subject to the State's workers' compensation law(s) with an added incentive to make full and accurate disclosures of the information necessary in order for the worker to properly file a claim for workers' compensation in the event of a covered injury or illness.
- Transportation Insurance Under MSPA
Under the MSPA, agricultural employers, agricultural associations, and farm labor contractors who use or cause to be used a vehicle to transport agricultural workers subject to the Act must comply with certain minimum transportation safety requirements and provide a minimum level of financial security to insure against liability for damage to persons or property of workers or third parties. Pub. L. 104- 49 amended the MSPA provision regarding the determination of the level of financial security to be required.
MSPA provides three means by which farm labor contractors, agricultural employers, or agricultural associations may insure against liability for damage to persons or property arising from the ownership, operation or causing to be operated a vehicle used to transport agricultural workers. The security may be in the form of (1) a vehicle liability insurance policy that insures employees and nonemployees; (2) a workers' compensation policy along with a certificate of liability insurance covering transportation whenever nonemployees and employees may be transported under circumstances not covered by workers' compensation; or (3) the posting of a $500,000 liability bond. Pub. L. 104-49 required the Secretary to re-examine the previous minimum liability insurance requirement and make any changes indicated by May 13, 1996.
While the Final Rule modifies only the minimum liability insurance levels per occurrence for such transportation, this discussion responds to commenters' concerns for clarification regarding the obligations under MSPA if a farm labor contractor, agricultural employer, or agricultural association chooses workers' compensation as the primary transportation insurance coverage for the agricultural workers being transported. Further, in response to commenters and to the legislative history of Pub. L. 104-49, which indicates a need to reaffirm and further explain the circumstances under which carpooling arrangements among workers fall outside of the scope of MSPA (Joint Statement of Legislative Intention, Rep. William F. Goodling, E1943, Cong. Rec., Oct. 13, 1995), this discussion provides needed clarification on these issues.
- Workers' Compensation as Primary Transportation Insurance
Workers' compensation coverage is a partial alternative to meeting transportation liability obligations under MSPA and the Department's regulations. However, workers' compensation coverage alone does not completely satisfy the legal obligations under MSPA. The regulations also require that if an employer chooses workers' compensation as the primary coverage, additional liability insurance in a specified minimum amount must also be provided to compensate employees and nonemployees for property damage and bodily injuries not covered by workers' compensation benefits whenever there is a possibility that workers may be transported under circumstances not covered by workers' compensation insurance. Employers who are certain that the transportation will occur only under circumstances covered by workers' compensation are not obligated to secure additional bodily injury coverage but they do so at their own risk. In such circumstances, the employer would be in violation of the MSPA insurance obligations if they transport workers outside the scope of workers' compensation coverage, and would be exposed to suits for actual damages. The regulation at 29 CFR 500.122(c)(2) has required this supplemental coverage since MSPA was enacted and nothing in this Final Rule is intended to alter this obligation.
- Transportation Under MSPA and Carpools
As stated previously, the legislative history of Pub. L. 104-49 indicated a need to reaffirm and clarify what constitutes a legitimate carpool arrangement among workers, which would be beyond the scope of the MSPA transportation requirements (including minimum insurance obligations).
Carpooling is described in the regulation at Sec. 500.100(c). The NPRM proposed no amendment to this regulation, and it remains unchanged in this Final Rule. However, in the Preamble to the NPRM and in this discussion, the Department has provided further guidance and clarification.
Under the regulation, carpooling is a voluntary arrangement among workers for transportation to and from work using a worker's own vehicle. The workers may contribute to offset the costs of the transportation to reasonably reflect the actual costs of the transportation. Any compensation or other valuable consideration in excess of the actual costs means the transportation provider is considered a farm labor contractor and thereby subject to the registration and transportation requirements of the Act and the regulations. Likewise, any arrangement in which a farm labor contractor participates will not be considered a carpool. If any agricultural employer or association directs or requests such transportation arrangements or provides money or other valuable consideration (other than the travel advances discussed below) for the transportation service, such an arrangement is not a carpooling arrangement among workers.
Several commenters responding to the NPRM Preamble sought further clarification of the circumstances under which a transportation arrangement will be considered to be a "carpool" beyond the scope of MSPA regulations or, on the other hand, when transportation will be deemed not to be a "carpool" and therefore subject to MSPA regulation.
Some of the agricultural employer advocacy organizations expressed the view that a transportation-providing worker operating the vehicle should be entitled to receive remuneration from the passengers to offset the cost of the transportation. Some stated that the worker should be able to receive compensation for such transportation related expenses as gas, oil, insurance, vehicle depreciation, wear on tires, etc. and still be deemed to be a carpool. Others contended that if the driver received no money from the farm labor contractor, agricultural employer or agricultural association, the amount that was received from the passengers should be of no legal consequence. One commenter suggested that the driver should be able to accept from each passenger whatever amount the passenger would pay for public transportation, if public transportation were available.
Based in the language of MSPA itself, by definition, a farm labor contractor is "any person--other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association--who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity." 29 U.S.C.1802(7); 29 CFR 500.20(j). Transporting any migrant or seasonal agricultural worker "for any money or other valuable consideration paid or promised to be paid" thus constitutes performing a farm labor contracting activity. 29 U.S.C. 1802(6); 29 CFR 500.20(i). As stated above, the Department's regulations recognize bona fide carpool arrangements among workers, and exempt such arrangements from passengers, the driver must be able to show how the charges were calculated and that the charges are reasonable and directly related to the transportation provided to the carpool. Guidance regarding making such showing may be found in the regulations for the Fair Labor Standards Act provision allowing the employer to claim wage credit for the "reasonable cost" of meals or lodging furnished to employees, 29 CFR 531.3.
Another reasonable measure of actual costs is the reimbursement rate for federal employees who use private automobiles for official business. The federal government reimburses those employees at a rate of 30 cents per mile to compensate for gas, wear and tear, and other costs associated with the operation of the vehicle. If the operator of a carpool multiplies the miles to and from the worksite by 30 cents and charges each occupant of the vehicle a pro rata share of those costs, those charges would be considered a sufficient approximation of "actual costs" to satisfy the carpooling regulations. (See 41 CFR 301-4; 59 FR 66626, Dec. 27, 1994. Transporters should note that the amount of reimbursement changes periodically to reflect changes in costs.)
Another issue raised by the commenters concerns employer involvement in carpooling arrangements. A bona fide carpool is strictly voluntary and is done for the convenience of the workers involved, not at the direction of an FLC, agricultural employer or agricultural association. An FLC, agricultural employer or agricultural association may indicate to workers that there is no prohibition against carpooling if any workers wish to make such arrangements, and may even encourage workers to do so.
It was suggested by one agricultural association that encouraging carpools is consistent with and perhaps even required by certain pollution abatement laws and regulations. Nothing in the current regulations nor in this discussion is intended to prevent agricultural employers or associations from encouraging agricultural workers to carpool in order to serve the laudable public policy goal of reducing pollution. However, where the FLC, agricultural employer or agricultural association organizes or helps to organize the carpool(s), or makes carpooling a condition of employment, the activity is deemed to be "causing to be transported" and requires compliance with MSPA.
All the commenters agreed with the Department's analysis of the "raitero" practice but some requested further clarification of the employer's obligation, if any, when raiteros provide transportation. Nothing in the carpool regulation nor in the discussion of raiteros in the Preamble to the NPRM alters the test of employer responsibility for transportation by third parties. Unless the agricultural employer or association "caused" the transportation by the raiteros to occur, the agricultural employer or association is not responsible for the transportation.
Finally, a farmworker advocacy organization identified another transportation-related practice that should be clarified. Where a farm labor contractor, agricultural employer, or association provides the worker a travel advance to cover travel expenses to the worksite, and the worker is free to choose how to use that travel advance, the farm labor contractor, agricultural employer, or agricultural association will not be deemed to have "caused" the transportation used by the worker and will not be subject to MSPA with regard to such transportation.
- Proposed Revision to the MSPA Minimum Transportation Liability Insurance Regulation
Public Law 104-49 eliminated the MSPA requirement that the liability insurance required by the Secretary in regulations must be at least the amount required for the carriers of passengers under the Interstate Commerce Act (hereinafter referred to as ICA). Instead, Pub. L. 104-49 requires that the liability insurance amount is to be determined by the Secretary through consideration of "at least the factors set out in [MSPA Sec. 401(b)(2)(B) regarding vehicle safety] and similar farmworker transportation requirements under State law." Pub. L. 104-49 further requires the Secretary to establish insurance levels under this law within 180 days of enactment (i.e., no later than May 13, 1996).
The NPRM proposed to implement the insurance provisions of Pub. L. 104-49 by amending the MSPA minimum liability insurance regulations to depart from the current ICA-based structure in favor of a more flexible regulatory scheme. As explained in the Preamble to the NPRM, the proposed amendment would eliminate the current vehicle capacity categorization found in the ICA regulations (which may well relate to general interstate passenger transportation patterns) while at the same time ensuring adequate insurance levels to protect injured persons and property when accidents occur. The proposal linked the required insurance amount to the actual capacity of each vehicle, rather than mandating one of two levels of insurance tied to vehicle capacity categories of 15 and below or 16 and above. The proposal required that the insurance be at least equal to $100,000 for each seat in a vehicle, instead of the current flat requirement of $1.5 million and $5 million for each vehicle category, respectively.
In developing the NPRM and this Final Rule, the Department adhered to the requirements of Pub. L. 104-49. The Department carefully considered the factors set out in MSPA Sec. 401(b)(2)(B). Additionally, the Department searched for, but was unable to find, any similar farmworker transportation requirements under State law; none were identified by the commenters.
The overriding concern, as stated in Sec. 401(b)(2)(B) of MSPA, is the protection of the health and safety of migrant and seasonal agricultural workers. The legislative history of MSPA makes clear that the requirements to provide safe vehicles and adequate levels of vehicle insurance are key worker protections in the Act (Report of the House Committee on Education and Labor, Rept. No. 97-885, 97th Cong., 2d Sess.; 1982 U.S. Code Cong. and Ad. News 4547 (hereinafter referred to as Report), at 4565). The House Education and Labor Committee Report accompanying the original MSPA enactment noted that "[t]he overriding concern of the Secretary shall be the protection of the health and safety of the workers." Id at 4565. The Committee also noted the "* * * often dangerous conditions under which agricultural workers are transported." Id at 4566.
The statute directs that the Secretary should consider a number of factors, including type and capacity of the vehicle and the extent to which the regulation will create an undue burden on the regulated community, in determining both the substantive vehicle safety standards and the required minimum insurance amounts. In the NPRM, the Department sought ways to lessen the burden on the regulated community while still maintaining adequate protection for workers. By departing from the ICA's 15 and fewer and 16 and more seating capacity categories in favor of a more flexible regulatory scheme, the proposal enables the regulated community to structure its transportation practices without regard to the arbitrary vehicle capacity distinction in the current regulation, obtain insurance based on actual practices and transportation needs, and in most cases, to realize a per vehicle reduction in the minimum insurance required.
- Data & Other Information Considered in NPRM and Final Rule
In developing the NPRM, the Department considered the reasonably foreseeable risks to farmworkers from transportation accidents. As the Preamble explained, the Department gathered information concerning the incidence of fatalities and injuries, the damages resulting from such injuries, and the likelihood that farmworkers would be made whole in the absence of adequate insurance coverage. The Department also considered whether or not the insurance could be made more flexible and, consistent with the obligation to protect farmworkers, reduce the level of required insurance.
The NPRM Preamble expressly requested information from the commenters concerning certain factual matters that bear on the issues of adequate insurance, transportation injuries to farmworkers, and undue burden on the regulated community. Among the information requested was specific information, with documentation, evidencing the financial burden created by the insurance requirement; a comparison of costs between the 1983 and 1992 insurance requirements; information about individual accidents and the resulting damages; the extent to which the 1992 minimum insurance requirement increases resulted in transporters being unable to secure and/or afford insurance coverage; and any similar State laws governing farmworker transportation. While some commenters provided anecdotal information, and some commenters gave general or conclusory information without the underlying supporting data, most of the Department's requests for detailed information received no response.
In commenting on the NPRM, the American Insurance Association (hereinafter referred to as AIA) provided limited information about average claims paid for accident years 1990 through April 1994. AIA stated that the average claim paid for the 65 bodily injury claims included in its data compilation for that period was $17,430. The AIA comment did not disclose any underlying data, such as the range of claims paid, the geographic scope of the data, whether or not the 65 referenced claims were the entirety of the accidents involving agricultural workers, the circumstances of the accidents, and whether or not the claims paid include all the damages in each incident or merely the amount paid by an insurance carrier. The AIA summary statement does suggest that the damages suffered by farmworkers in accidents are extremely high when compared to average losses for other occupational groups. Based on information which AIA provided to the Department during the development of the Proposed Rule, the average $17,430 claim for agricultural workers is approximately four times higher than average claims paid for the next highest occupational group, truck drivers, at $4,300 per claim paid.
AIA also provided summary information for "a large group of risks with severity characteristics similar to transporters of migrant workers." AIA stated that its data show that, for the group surveyed, the risk of loss greater than $500,000 is less than 0.3%. AIA did not provide the underlying data which was summarized in this statement, and did not describe or identify the "large group" or the "severity characteristics." It is therefore difficult to discern what is being measured and whether or how the survey is relevant to the MSPA liability insurance analysis. The Department made an informal request to AIA for clarification of this information; apparently the survey group are employees riding in van pools or other employer-provided vehicles.
Farmworker advocates' comments also provided information concerning risk of injury to farmworkers in transportation accidents and the extent of damages when accidents occur. The comment from the Migrant Farmworker Justice Project of Florida Legal Services included a chart prepared by the Florida Department of Labor and Employment Security listing accidents involving farm labor contractors from January 1, 1990, through March 1996. This chart shows that 59 accidents resulted in 48 fatalities and 352 non-fatal injuries during this period. Also included were media reports on farmworker accidents and an analysis of agricultural accidents in Florida during 1990 by Prof. William J. Becker of the University of Florida. According to that study, 38% of the 39 agricultural work-related fatalities were the result of motor vehicle accidents on public roads.
Finally, Florida Rural Legal Services also provided information about specific recoveries for farmworkers represented by FRLS, and excerpts from a data base showing settlements and verdicts awarded to farmers in motor vehicle accidents. It is not clear to what extent the information concerning farmers is comprehensive or selective. The settlements/verdicts ranged from $843 to $6,000,000. The 59 cases reported in the documents resulted in average settlements/verdicts of $381,903.62.
The Department has carefully and fully considered the information provided by the commenters in response to the requests in the NPRM. The information concerning recoveries in specific cases involving farmworkers and farmers, confirms the data previously compiled by the Department concerning the extent of loss suffered in vehicular accidents. The information provided by AIA was helpful but lacked the detail or specificity to MSPA-regulated transportation practices to persuade the Department to substantially change the insurance proposal.
- Regulatory Structure & Minimum Level of Insurance
- Delinking from the ICA vehicle capacity structure. A number of commenters representing agricultural employers and one representing insurance interests suggested that the Department erred in proposing to delink the MSPA transportation insurance regulation from the ICA structure that divides vehicles into two categories according to seating capacity of 15 and fewer or 16 and more. It was suggested by these commenters that the Department retain the ICA division and simply lower the required minimum insurance amount for each vehicle class. The American Insurance Association supported this position and further asserted that abandoning the ICA structure would require the insurance industry to change the process by which insurance companies write these policies.
The farmworkers advocacy organizations, the two attorneys who have represented farmworkers in transportation accident cases, and the Pennsylvania Farm Bureau all commented favorably on the proposal to delink from the ICA two-level structure in favor of a structure based on individual vehicle seating capacity. The farmworker advocacy organizations and the attorneys expressed the view that the proposal struck an appropriate balance between creating additional flexibility for the regulated community, reducing the required minimum insurance amounts and associated costs, and ensuring adequate levels of protection in the event of an accident.
The Pennsylvania Farm Bureau commented that the proposal was a positive step in the ability of farmers and farm labor contractors to control vehicle insurance cost, even if the savings may be modest. The Bureau also requested clarification regarding the insurance requirements for a transportation provider who operates a fleet of vehicles. In response, the Department emphasizes that the Final Rule establishes a minimum insurance requirement for each vehicle used to transport farmworkers under MSPA. Therefore, each vehicle in a fleet would have a separate requirement for minimum liability insurance depending on the vehicle's seating capacity. For example, a six passenger vehicle must be insured for $600,000, a 10 passenger vehicle for $1 million, and a 25 passenger vehicle for $2.5 million. Even though the aggregate requirement is $4.1 million, each vehicle is insured individually, not at the $4.1 million aggregate amount. Under the current two-level regulatory scheme, the same fleet of vehicles would be required to be insured at an aggregate of $8 million.
After having carefully considered the comments, the Department has concluded that the approach taken in the Proposed Rule delinking the MSPA regulation from the ICA two-level structure is appropriate. The legislation authorized the Department to reexamine this issue and to depart from the ICA structure but did not change the fundamental purpose of the MSPA transportation insurance requirement: to protect the health and safety of agricultural workers. The Final Rule, which sets the minimum liability amounts according to the actual seating capacity of the vehicle being used, as was proposed, provides the regulated community with additional flexibility to structure its transportation practices according to its actual needs and lowers insurance costs by eliminating the current regulation's mandate that transporters purchase insurance above the level necessary to insure against reasonable risk of harm. The Final Rule achieves the statutory purpose of assuring the protection of health and safety of agricultural workers by establishing levels of insurance on a per-seat standard which would afford recovery for reasonably foreseeable risks.
It was suggested by AIA that changing from the ICA two-class structure to a new structure, such as contained in the Proposed Rule, will require insurance companies to change their underwriting and information systems, thereby adding costs. AIA did not provide information to support this assertion or to establish what the additional costs would be. The Department therefore does not find this to be a sufficient reason to reconsider the Proposed Rule.
- The Minimum Level of Insurance. Agricultural employers, agricultural employer advocates and the AIA suggested that the Proposed Rule's minimum insurance requirement per seat be abandoned in favor of a flat amount according to the class of vehicle, 15 passengers and below or 16 and above. The overwhelming majority of these commenters proposed $500,000 for the former and $1,000,000 for the latter. The commenters asserted that these amounts of insurance are sufficient to insure for damages suffered by farmworkers in transportation accidents and would result in lower premiums for transportation providers.
The AIA asserted that Congress intended that the costs of insurance be reduced. Other commenters echoed this assertion. However, neither the legislative history nor Pub. L. 104-49 requires the Department to issue a rule based on the sole consideration of the cost of insurance to the regulated community. In fact, the legislation directs the Department to consider the factors set out in MSPA Sec. 401(b)(2)(B) concerning vehicle safety. That section of the Act makes clear that the overriding purpose of MSPA transportation standards is the health and safety of migrant and seasonal farmworkers, and further directs that, in determining appropriate safety and insurance requirements, the Department is to weigh any "undue burden" on transportation providers as only one among several factors. In addition, it should be recognized that, regardless of the regulatory structure adopted, it is not within the Department's power to ensure the reduction of insurance premiums, short of eliminating the insurance requirement entirely.
After thorough consideration of the comments, the Department has concluded that the approach taken in the Proposed Rule is appropriate, in that it provides adequate protection for agricultural workers while lowering the minimum insurance levels (and presumably premium costs) for most transportation providers. The Final Rule sets the minimum amount of insurance not by arbitrary vehicle capacity divisions but by the actual capacity (thus, actual risk of loss) of each insured vehicle. A transporter using a six passenger vehicle would not be required to purchase insurance in excess of its seating capacity. Instead of the current regulation's $1.5 million (for vehicles with capacities up to 15), only $600,000 in insurance would be required. The operator of a 15 passenger vehicle has a risk exposure over twice that of the 6 passenger vehicle, and would be required to have proportionately higher insurance ($1,500,000). The insurance requirements (and presumably the premium costs) reflect the difference in risk exposure.
In light of available data as well as program experience regarding the types of vehicles commonly used to transport agricultural workers, the Department believes that the Final Rule will likely result in a lower level of required insurance for the majority of transportation providers. By way of illustration, under the current regulation, a seven passenger vehicle would require $1.5 million in insurance; under the Final Rule that same vehicle would require only $700,000 in insurance. A 16 passenger bus currently must be insured at $5 million; under the Proposed Rule, insurance would be lowered to $1.6 million. By any reckoning, these examples show a significant reduction in required insurance. It is beyond the scope of these regulations to mandate that premiums for such insurance be reduced, but it would be logical to expect that there would be a reduction in premiums as the amount of insurance purchased is reduced.
Several commenters noted that the Proposed Rule would yield higher insurance requirements for one class of vehicle, those with more than 50 seats. While vehicles with seating capacity in excess of 50 are not common, it is not the Department's intention to increase the insurance requirement in this rulemaking but rather to find reasonable, prudent, and protective ways to reduce minimum requirements where possible. Therefore, the Final Rule provides a cap of $5 million for required insurance for any one vehicle. Thus, no vehicle will be required to have increased levels of insurance and most vehicles could be insured for less than under the current regulations.
In summary, therefore, the Department has concluded that the available information--taken in its entirety and on balance--confirms the proposal that $100,000 per seat is a reasonable measure of adequate insurance in MSPA transportation cases. For the reasons stated above and for the reasons previously discussed in the NPRM, the Department is promulgating a Final Rule which is the same as the Proposed Rule except for the addition of the $5 million cap on insurance.
- Delinking from the ICA vehicle capacity structure. A number of commenters representing agricultural employers and one representing insurance interests suggested that the Department erred in proposing to delink the MSPA transportation insurance regulation from the ICA structure that divides vehicles into two categories according to seating capacity of 15 and fewer or 16 and more. It was suggested by these commenters that the Department retain the ICA division and simply lower the required minimum insurance amount for each vehicle class. The American Insurance Association supported this position and further asserted that abandoning the ICA structure would require the insurance industry to change the process by which insurance companies write these policies.
- Workers' Compensation as Primary Transportation Insurance
- Administrative Hearings on Denials, Suspensions, and Revocations of Farm Labor Contractor Certificates
The NPRM proposed to establish expedited hearing and review procedures for denial, suspension or revocation of farm labor contractor certificates. All those who commented on this proposal, including agricultural and farmworker advocacy organizations, favored the proposal. The proposal will be adopted as a Final Rule without change.
- Comments to the Proposed Rule
Executive Order 12866/Section 202 of the Unfunded Mandates Reform Act of 1995
This Final Rule is not "economically significant" within the meaning of Executive Order 12866, nor does it require a Sec. 202 statement under the Unfunded Mandates Reform Act of 1995. However, because the rule provides initial regulations required to implement provisions of Public Law 104-49 and may raise novel legal or policy issues arising out of legal mandates, it was determined to be a "significant regulatory action" within the meaning of Sec. 3(f)(4) of Executive Order 12866. The Final Rule addresses insurance and disclosure obligations required under MSPA, as amended by Public Law 104-49. In addition, the rule revises the administrative proceedings involving decisions to revoke, suspend, or refuse to issue or renew Certificates of Registration under MSPA. No economic analysis is required because the rule will not have a significant economic impact. For purposes of the Unfunded Mandates Reform Act of 1995 (Pub. L.104- 4), as well as Executive Order 12875, this rule does not include any Federal mandate that may result in increased expenditures of $100 million in any one year by State, local, and tribal governments, or by the private sector.
Regulatory Flexibility Analysis
This Final Rule will not have a significant economic impact on a substantial number of small entities. The rule amends current regulations at 29 CFR Part 500 to bring the regulations into conformity with the statutory changes made to MSPA by the enactment of Pub. L. 104-49. Additionally, the Final Rule amends Secs. 500.224, 500.262, and 500.268 of the current rule to provide for expedited administrative proceedings in matters where the Administrator has initiated action to revoke, suspend, or refuse to issue or renew a farm labor contractor's Certificate of Registration (including Farm Labor Contractor Employee Certificates).
The proposed rule is likely to result in reduced insurance premiums for some and will not result in increases for any transporter covered by MSPA. Further, the Department anticipates that the portion of the regulated community which provides transportation, and thus would be affected by the minimum insurance requirements, is not substantial in number in any event. According to the Department's farm labor contractor registration data, only 975 of all registered contractors (less than 9% of the total), provide transportation to agricultural workers. It is believed that a similarly small percentage of agricultural employers and agricultural associations provide MSPA- covered transportation. Furthermore, the MSPA exempts from its coverage small agricultural employers and associations which do not use more than 500 man-days of agricultural labor in a calendar quarter during the preceding year. Therefore, many small agricultural employers are exempt from MSPA coverage and will be unaffected by these regulations.
Therefore, this Final Rule is not expected to have a "significant economic impact on a substantial number of small entities" within the meaning of the Regulatory Flexibility Act, and the Department has certified to this effect to the Chief Counsel for Advocacy of the Small Business Administration. Accordingly, a regulatory flexibility analysis is not required.
Dates of Applicability
The Secretary has determined that the public interest requires an immediate effective date for the regulations on liability insurance, in order to comply with the requirement of Public Law 104-49 directing that regulations establishing insurance levels under Sec. 401(b)(3) of the MSPA (29 U.S.C. 1841(b)(3)) be promulgated within 180 days of the date of enactment of Public Law 104-49. Accordingly, the Secretary for good cause finds pursuant 5 U.S.C. Sec. 553(d)(3), that this rule amending Secs. 500.48, 500.121 and 500.122 of the regulation must be effective upon publication rather than thirty days thereafter.
Document Preparation
This document was prepared under the direction and control of Maria Echaveste, Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor.
List of Subjects in 29 CFR Part 500
Administrative practice and procedure, Agricultural associations, Agricultural worker, Aliens, Carpooling, Day-Haul, Farmer, Farm labor contractor, Health, Housing, Housing standards, Immigration, Insurance, Investigation, Migrant agricultural workers, Migrant labor, Motor carriers, Motor vehicle safety, Occupational safety and health, Penalties, Reporting requirements, Seasonal agricultural workers, Transportation, Wages, Manpower training programs, Labor, Safety.
Signed at Washington, D.C., on this 13th day of May, 1996.


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City of Newport, RISitemap Contact
Rotunda Ballroom
Weddings, Receptions, Rehearsal Dinners & Special Events
The Ballroom at Easton's Beach, located on the Atlantic Ocean less than one mile east of Historic Bellevue Avenue, features a 5,200 square foot, 12-sided symmetrical space with a seating capacity of 175.
The Ballroom and its outside wrap-around deck offer commanding ocean views. Beach weddings are our specialty. As part of your event, you and your guests can also take a ride on our historic carousel located just a few feet from the Ballroom during the first hour of your event.
Between the last weekend of April and the end of October, the Rotunda Ballroom can accommodate evening weddings or other special events. We currently do not allow for 'ceremony only' events.
- seated dinner, buffet, or cocktails up to 175 guests
- wrap around deck, sweeping ocean views
- beach side ceremony
- complimentary arched wedding trellis, dining tables & chairs
- carousel rides during first hour of event time
- use your own insured caterer
- live band or dj


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Continental Resources Test Equipment
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Tuesday, June 16, 5 p.m. to 9 p.m.; Long Beach Hotel, 405 East Broadway, Long Beach more
After a meeting on March 11 with U.S. Sens. Charles Schumer and Kirsten Gillibrand, of New York, and Bob Menendez and Cory Booker, of New Jersey, Federal Emergency Management Agency Administrator Craig Fugate announced that the agency had agreed to reopen and review every flood insurance claim — approximately 144,000 — filed in New York and New Jersey by victims of Hurricane Sandy, and not limit corrective action to just the 2,200 claims that are now in litigation. more
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Warning: By law we cannot sell this product to anyone under 18, by placing an order with us you are confirming that you are over the age of 18.
Muck Boots Women's Muckster II RHS Ankle Length Boots in Green - Size 4
This is a specialist veterinary product. We will ask you a simple set of questions to confirm that you are buying the correct medicine for your pet and know how to use it safely
Order by 3pm for Express Courier Delivery Some of the items we sell are a bit too bulky to fit on our delivery vans so we offer our customers Next Day Delivery via courier. Deliveries are made from 8am - 8pm Monday to Saturday and 9am - 5pm on Sundays. Your delivery slot will only be confirmed once your order has been placed.
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W278N8832 Twin Pine Cir Lt119, Lisbon WI 53089 Sold for $110,000 on 09/19/2018
Features of W278N8832 Twin Pine Cir Lt119, Lisbon, WI 53089
- Lots for Sale
- Status: Sold
- Subdivision: Twin Pine Farm
- School District: Arrowhead UHS
- High School: Arrowhead
- County: Waukesha
- Postal Municipality: Lisbon
- Listing Company: Point Real Estate
Property Description for W278N8832 Twin Pine Cir Lt119, Lisbon, WI 53089
W278N8832 Twin Pine Cir Lt119, Lisbon, WI 53089 - Build your new home in the beautiful rural country setting, featuring rolling hills and an abundance of green space in the Twin Pine Farm Subdivision. Mostly surrounded by farm fields, parks, and wetlands. Twin Pine Farm offers residents a quiet, remote setting to call their home. Enjoy the walking paths to take a stroll with your family and the closeness of the Bugline Recreation Trail.
Land Features
- Topography: Association, Subdivision
- Zoning: Residential - Single
- Waterfront/Access: N
|MLS Number
|New Status
|Previous Status
|Activity Date
|New List Price
|Previous List Price
|Sold Price
|Jan 10 2019 6:20PM
|Sep 21 2018 3:50PM
|Aug 24 2017 1:12PM
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The information which is contained on pages with property data is obtained from a number of different sources and which has not been independently verified or confirmed by the various real estate brokers and agents who have been and are involved in this transaction. If any particular measurement or data element is important or material to buyer, Buyer assumes all responsibility and liability to research, verify and confirm said data element and measurement. Shorewest Realtors is not making any warranties or representations concerning any of these properties. Shorewest Realtors shall not be held responsible for any discrepancy and will not be liable for any damages of any kind arising from the use of this site.
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