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

    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]
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