(a) Except as otherwise provided in this section, the adverse effect
rates for all agricultural and logging employment shall be the
prevailing wage rates in the area of intended employment.
(b)(1) For agricultural employment (except sheepherding) in the
States listed in paragraph (b)(2) of this section, and for Florida
sugarcane work, the adverse effect rate for each year shall be computed
by adjusting the prior year's adverse effect rate by the percentage
change (from the second year previous to the prior year) in the U.S.
Department of Agriculture's (USDA's) average hourly wage rates for field
and livestock workers (combined) based on the USDA Quarterly Wage
Survey. The Administrator shall publish, at least once in each calendar
year, on a date or dates he shall determine, adverse effect rates
calculated pursuant to this paragraph (b) as a notice or notices in the
Federal Register.
(2) List of States. Arizona, Colorado, Connecticut, Florida (other
than sugar cane work), Maine, Maryland, Massachusetts, New Hamsphire,
New York, Rhode Island, Texas, Vermont, Virginia, and West Virginia.
Other States may be added as appropriate.
(3) Transition. Notwithstanding paragraphs (b) (1) and (2) of this
section, the 1986 adverse effect rate for agricultural employment
(except sheepherding) in the following States, and for Florida sugarcane
work, shall be computed by adjusting the 1981 adverse effect rate
(computed pursuant to 20 CFR 655.207(b)(1), 43 FR 10317; March 10, 1978)
by the percentage change between 1980 and 1985 in the U.S. Department of
Agriculture annual average hourly wage rates for field and livestock
workers (combined) based on the USDA Quarterly survey: The States listed
at 20 CFR 655.207(b)(2) (1985).
(c) In no event shall an adverse effect rate for any year be lower
than the
hourly wage rate published in 29 U.S.C. 206(a)(1) and currently in
effect.
[43 FR 10313, Mar. 10, 1978, as amended at 44 FR 32212, June 5, 1979; 48
FR 40175, Sept. 2, 1983; 50 FR 25708, June 21, 1985; 51 FR 24141, July
2, 1986; 52 FR 11466, Apr. 9, 1987]
