Federal Register, Volume 78 Issue 224 (Wednesday, November 20, 2013)
[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 [www.gpo.gov]
[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]