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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Proposed Rules rulemaking governing the Temporary Non-Agricultural Employment of H2B
Aliens in the United States, 80 FR 24042
Apr. 29, 2015 codified at 8 CFR part 214, 20 CFR part 655, and 29 CFR part 503.
III. Discussion of Changes This rule proposes revisions to 29
CFR part 18 by modifying the conditions under which an H2B
decision of BALCA becomes the final decision of DOL and by extending to H
2B cases the process by which the Secretary of Labor may exercise discretionary review over cases pending before or decided by the BALCA.
Technical amendments are also made to 20 CFR part 655, subpart A to harmonize the manner in which BALCA
issues decisions on behalf of the Secretary with the system of discretionary review established in 29
CFR part 18. Additionally, this rule proposes to modify or remove the reference to final decisions of the ARB in 20 CFR 655.73g6 and 29 CFR
503.55 to reflect that the finality of ARB
decisions is governed by Secretary of Labors Order 012020.
IV. Administrative Requirements of the Proposed Rulemaking Executive Orders 12866, Regulatory Planning and Review, and 13563, Improving Regulation and Regulatory Review Executive Orders 12866 and 13563
direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.
This proposed rule has been drafted and reviewed in accordance with Executive Order 12866. The Departments, in coordination with the Office of Management and Budget OMB, determined that this proposed rule is not a significant regulatory action under section 3f of Executive Order 12866 because the rule will not have an annual effect on the economy of $100
million or more; will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; and will not materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of
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recipients thereof. Furthermore, the rule does not raise a novel legal or policy issue arising out of legal mandates, the Presidents priorities, or the principles set forth in the Executive order.
Accordingly, OMB has waived review.
Regulatory Flexibility Act of 1980
Because no notice of proposed rulemaking is required for this rule under section 553 of the Administrative Procedure Act, the regulatory flexibility analysis requirements of the Regulatory Flexibility Act, 5 U.S.C. 603, 604, do not apply to this rule. See 5 U.S.C. 603a, 604a.
Paperwork Reduction Act The Departments have determined that this proposed rule is not subject to the requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., as this rulemaking does not involve any collections of information. See 5 CFR
1320.3c.
Unfunded Mandates Reform Act of 1995
and Executive Order 13132, Federalism The Departments have reviewed this proposed rule in accordance with the requirements of Executive Order 13132
and the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., and have found no potential or substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. As there is no Federal mandate contained herein that could result in increased expenditures by state, local, and tribal governments, or by the private sector, the Departments have not prepared a budgetary impact statement.
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments The Departments have reviewed this proposed rule in accordance with Executive Order 13175 and has determined that it does not have tribal implications. The proposed 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.
Signature The Acting Secretary of Homeland Security, Chad F. Wolf, having reviewed and approved this document, has delegated the authority to electronically sign this document to Chad R. Mizelle,
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who is the Senior Official Performing the Duties of the General Counsel for DHS, for purposes of publication in the Federal Register.
V. Notice and Comment A. APA Requirements for Notice and Comment This proposed rule addresses matters of internal agency management and personnel, as well as matters of agency organization, practice and procedure, and consequently are exempt from the notice and public comments requirements of the Administrative Procedure Act. See 5 U.S.C. 553a2, bA. Nevertheless, the Departments wish to provide the public an opportunity to submit comments.
B. Publication of Comments Please be advised that the Departments will generally post all comments without making any change to the comments, including any personal information provided. The www.regulations.gov website is the Federal e-rulemaking portal, and all comments received will be available and accessible to the public on this website. Therefore, the Departments recommend that commenters safeguard their personal information by not including social security numbers, personal addresses, telephone numbers, or email addresses in comments. It is the responsibility of the commenter to safeguard his or her information.
C. Access to Docket In addition to all comments received by the Departments being accessible on www.regulations.gov, the Departments will make all the comments available for public inspection during normal business hours at the office listed in the ADDRESSES section above. If you need assistance to review the comments, the Departments will provide you with appropriate aids such as readers or print magnifiers. The Departments will make copies of the proposed rule available, upon request, in large print or electronic file on portable digital media. The Departments will consider providing the proposed rule in other formats upon request. To schedule an appointment to review the comments or obtain the proposed rule in an alternate format, contact Todd Smyth, General Counsel, U.S. Department of Labor, Office of Administrative Law Judges, 800 K Street NW, Washington, DC 200018002;
telephone 513 6843252.
Individuals with hearing or speech impairments may access the telephone number above by TTY by calling the
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