DOL Publishes Final Rule on Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment

  • [Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
    [Rules and Regulations]
    [Pages 69541-69543]
    From the Federal Register Online via the Government Printing Office []
    [FR Doc No: 2013-27693]



    Employment and Training Administration

    20 CFR Part 655

    RIN 1205-AB65

    Labor Certification Process for Logging Employment and Non-H-2A
    Agricultural Employment

    AGENCY: Employment and Training Administration, Department of Labor.

    ACTION: Final rule; rescission of regulations.


    SUMMARY: This final rule rescinds the regulations for employers in the
    logging industry utilizing foreign workers. The regulations became
    obsolete after a rulemaking in 2010 reassigned them elsewhere in the
    Code of Federal Regulations. The Department of Labor (``Department'')
    is issuing this final rule to remove the obsolete regulations.

    DATES: Effective November 20, 2013.

    Administrator, Office of Foreign Labor Certification, Room C-4312,
    Employment & Training Administration, U.S. Department of Labor, 200
    Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
    693-3010 (this is not a toll-free number). Individuals with hearing or
    speech impairments may access the telephone number above via TTY by
    calling the toll-free Federal Information Relay Service at 1-877-889-
    5627 (TTY/TDD). Fax: 202-693-2768.

    SUPPLEMENTARY INFORMATION: Subpart C, Labor Certification for Logging
    Employment and Non-H-2A Agriculture Employment, was made obsolete by
    the inclusion of ``logging employment'' within the definition of
    ``agricultural labor or services'' in the Department of Labor's final
    rule, Temporary Agricultural Employment of H-2A Aliens in the United
    States, 75 FR 6884 (Feb. 12, 2010). The effect of including ``logging
    employment'' within the definition of ``agricultural labor or
    services,'' 20 CFR 655.103(c)(4), was to include within the program
    requirements for temporary employment of foreign workers in agriculture
    (H-2A) employers seeking to temporarily employ foreign workers in
    logging occupations. The Department proposed the inclusion of logging
    employment in the H-2A program in its notice of proposed rulemaking
    (NPRM). 74 FR 45906 (Sept. 4, 2009). After considering comments from
    the public on the subject, the inclusion of logging in the

    [[Page 69542]]

    H-2A was finalized in the 2010 rule. Therefore, employers seeking to
    temporarily employ foreign workers in logging operations are now
    governed by the regulations in Subpart B applicable to H-2A
    agricultural work, and Subpart C no longer has force and effect and
    must be rescinded.
    The Department has determined that it is unnecessary to publish the
    rescission of these regulations as a proposed rule, as generally
    required by the Administrative Procedure Act (``APA''), 5 U.S.C.
    553(b). Notice to the public and provision of a public comment period
    regarding the inclusion of logging employment in the H-2A program were
    provided in the 2009 NPRM, and this rule simply rescinds Subpart C,
    which is no longer operable. Therefore, good cause exists for
    dispensing with the notice and comment requirements of the APA. 5
    U.S.C. 553(b)(B). For the same reason, good cause exists to make this
    rule effective immediately upon publication of this rule. 5 U.S.C.

    Administrative Information

    A. Executive Order 12866

    This final rule has been drafted and reviewed in accordance with
    Executive Order 12866, section 1(b), Principles of Regulation. The
    Department has determined that this rule is not a ``significant
    regulatory action'' under Executive Order 12866, section 3(f),
    Regulatory Planning and Review. The Department has also determined that
    this rule is not ``economically significant'' as defined in section
    3(f)(1) of Executive Order 12866. Therefore, the information enumerated
    in section 6(a)(3)(C) of the order is not required.

    B. Regulatory Flexibility Act

    This rescission is not a ``rule'' as defined in the Regulatory
    Flexibility Act (RFA), 5 U.S.C. 601(2), nor is it a ``final rule''
    following a notice of proposed rulemaking as defined in the RFA, 5
    U.S.C. 604(a). Therefore, the RFA does not apply and the Department is
    not required to either certify that the rule would not have a
    significant economic impact on a substantial number of small entities
    or conduct a regulatory flexibility analysis.

    C. Unfunded Mandates Reform--Unfunded Mandates Reform Act of 1995

    This rule will not include any Federal mandate that may result in
    increased expenditures by State, local, and tribal governments, in the
    aggregate, of $100 million or more, or in increased expenditures by the
    private sector of $100 million or more.

    D. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the
    Small Business Regulatory Enforcement Fairness Act of 1996. This rule
    will not result in an annual effect on the economy of $100,000,000 or
    more; a major increase in costs or prices; or significant adverse
    effects on competition, employment, investment, productivity,
    innovation, or on the ability of the United States-based companies to
    compete with foreign based companies in domestic and export markets.

    E. Executive Order 13132--Federalism

    The Department has reviewed this rule in accordance with E.O. 13132
    regarding federalism and has determined that it does not have
    federalism implications. The rule does not have substantial direct
    effects on States, on the relationship between the States, or on the
    distribution of power and responsibilities among the various levels of
    Government as described by E.O. 13132. Therefore, the Department has
    determined that this rule will not have a sufficient federalism
    implication to warrant the preparation of a summary impact statement.

    F. Executive Order 13175--Indian Tribal Governments

    This rule was reviewed under the terms of E.O. 13175 and determined
    not to have Tribal implications. The rule does not have substantial
    direct effects on one or more Indian Tribes, on the relationship
    between the Federal Government and Indian Tribes, or on the
    distribution of power and responsibilities between the Federal
    Government and Indian Tribes. As a result, no Tribal summary impact
    statement has been prepared.

    G. Assessment of Federal Regulations and Policies on Families

    Section 654 of the Treasury and General Government Appropriations
    Act, enacted as part of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat.
    2681), requires the Department to assess the impact of this rule on
    family well-being. A rule that is determined to have a negative effect
    on families must be supported with an adequate rationale. The
    Department has assessed this rule and determines that it will not have
    a negative effect on families.

    H. Executive Order 12630--Government Actions and Interference With
    Constitutionally Protected Property Rights

    This rule is not subject to E.O. 12630, Governmental Actions and
    Interference with Constitutionally Protected Property Rights, because
    it does not involve implementation of a policy with takings

    I. Executive Order 12988--Civil Justice

    This regulation has been drafted and reviewed in accordance with
    E.O. 12988, Civil Justice Reform, and will not unduly burden the
    Federal court system. The regulation has been written to minimize
    litigation and provide a clear legal standard for affected conduct, and
    has been reviewed carefully to eliminate drafting errors and

    J. Plain Language

    The Department drafted this rule in plain language.

    K. Executive Order 13211--Energy Supply

    This rule is not subject to E.O. 13211. It will not have a
    significant adverse effect on the supply, distribution, or use of

    L. Paperwork Reduction Act

    This rule contains no new information collection requirements for
    purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et

    List of Subjects in 20 CFR Part 655

    Administrative practice and procedure, Foreign workers, Employment,
    Employment and training, Enforcement, Forest and forest products,
    Fraud, Health professions, Immigration, Labor, Longshore and harbor
    work, Migrant workers, Nonimmigrant workers, Passports and visas,
    Penalties, Reporting and recordkeeping requirements, Unemployment,
    Wages, Working conditions.

    Accordingly, for the reasons stated herein, the Department hereby
    amends 20 CFR part 655 as follows:


    1. The authority citation for part 655 and the authority citation for
    subparts A and C continue to read as follows:

    Authority: Section 655.0 issued under 8 U.S.C.
    1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C.
    1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and
    1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102
    (8 U.S.C. 1182 note); sec. 221(a),

    [[Page 69543]]

    Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec.
    303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101
    note); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; sec. 412(e),
    Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d),
    Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C.
    49k; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8
    CFR 214.2(h)(6)(iii).
    Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and
    1184; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).

    Subpart C--[Removed and Reserved]

    2. Remove and reserve subpart C, consisting of Sec. Sec. 655.200
    through 655.215.

    Signed in Washington, DC, this 17th day of October 2013.
    Eric M. Seleznow,
    Acting Assistant Secretary, Employment and Training Administration.
    [FR Doc. 2013-27693 Filed 11-19-13; 8:45 am]


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