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Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations 8. Relevant Federal Rules Duplicating, Overlapping, or Conflicting With the Final Rule The Department is not aware of any relevant Federal rules that conflict with this Final Rule.
9. Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities This Final Rule results in wage savings to small entities and therefore has a beneficial impact on small entities. The Department did not receive public comments on viable alternatives to the proposed rule.
C. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 UMRA is intended, among other things, to curb the practice of imposing unfunded Federal mandates on State, local, and tribal governments.
Title II of UMRA requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in a $100 million or more expenditure adjusted annually for inflation in any one year by State, local, and tribal governments, in the aggregate, or by the private sector. The inflationadjusted value equivalent of $100
million in 1995 adjusted for inflation to 2019 levels by the Consumer Price Index for All Urban Consumers CPIU
is approximately $168 million based on the Consumer Price Index for All Urban Consumers.3
While this final rule may result in the expenditure of more than $100 million by the private sector annually, the rulemaking is not a Federal mandate as defined for UMRA purposes.4 The cost of obtaining prevailing wages, preparing labor condition and certification applications including all required evidence and the payment of wages by employers is, to the extent it could be termed an enforceable duty, one that arises from participation in a 3 See U.S. Bureau of Labor Statistics, Historical Consumer Price Index for All Urban Consumers CPIU: U.S. City Average, All Items, available at https www.bls.gov/cpi/tables/supplemental-files/
historical-cpi-u-202003.pdf last visited June 2, 2020.
Calculation of inflation: 1 Calculate the average monthly CPIU for the reference year 1995 and the current year 2019; 2 Subtract reference year CPI
U from current year CPIU; 3 Divide the difference of the reference year CPIU and current year CPI
U by the reference year CPIU; 4 Multiply by 100
= Average monthly CPIU for 2019Average monthly CPIU for 1995 / Average monthly CPI
U for 1995 100 = 255.657152.383 / 152.383
100 = 103.274 / 152.383 100 = 0.6777 100
= 67.77 percent = 68 percent rounded. Calculation of inflation-adjusted value: $100 million in 1995
dollars 1.68 = $168 million in 2019 dollars.
4 See 2 U.S.C. 6586.

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voluntary Federal program applying for immigration status in the United States.5 This final rule does not contain a mandate. The requirements of Title II
of UMRA, therefore, do not apply, and DOL has not prepared a statement under UMRA. Therefore, no actions were deemed necessary under the provisions of the UMRA.
D. Congressional Review Act OIRA has determined that this final rule is a major rule as defined by 5
U.S.C. 804, also known as the Congressional Review Act, as enacted in section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104121, 110 Stat.
847, 868, et seq.
E. Executive Order 13132 Federalism This final rule would not have 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. Therefore, in accordance with section 6 of E.O. 13132, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
F. Executive Order 12988 Civil Justice Reform This final rule meets the applicable standards set forth in sections 3a and 3b2 of E.O. 12988.
G. Regulatory Flexibility Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This final rule does not have tribal implications because it 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.
Accordingly, E.O. 13175, Consultation and Coordination with Indian Tribal Governments, requires no further agency action or analysis.
H. Paperwork Reduction Act The Paperwork Reduction Act of 1995
PRA, 44 U.S.C. 3501, et seq., and its attendant regulations, 5 CFR part 1320, require the Department to consider the agencys need for its information collections and their practical utility, the impact of paperwork and other information collection burdens imposed 5 See
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2 U.S.C. 6587Aii.

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on the public, and how to minimize those burdens. This final rule does not require a collection of information subject to approval by OMB under the PRA, or affect any existing collections of information.
List of Subjects in 20 CFR Part 656
Administrative practice and procedure, Employment, Foreign workers, Labor, Wages.
Department of Labor Accordingly, for the reasons stated in the preamble, the Department of Labor amends part 656 of chapter V, title 20, Code of Federal Regulations, as follows:
PART 656LABOR CERTIFICATION
PROCESS FOR PERMANENT
EMPLOYMENT OF ALIENS IN THE
UNITED STATES
1. The authority citation for part 656
is revised to read as follows:

Authority: 8 U.S.C. 1182a5A, 1182p;
sec.122, Pub. L. 101649, 109 Stat. 4978 8
U.S.C. 1182 note; and Title IV, Pub. L. 105
277, 112 Stat. 2681 8 U.S.C. 1182 note.

2. Amend 656.40 by revising paragraphs a and b2 and 3 to read as follows:

656.40 Determination of prevailing wage for labor certification purposes.

a Application process. The employer must request a PWD from the NPC, on a form or in a manner prescribed by OFLC. The NPC shall receive and process prevailing wage determination requests in accordance with this section and with Department guidance. The NPC will provide the employer with an appropriate prevailing wage rate. The NPC shall determine the wage in accordance with sec. 212p of the INA.
Unless the employer chooses to appeal the centers PWD under 656.41a, it files the Application for Permanent Employment Certification either electronically or by mail with the processing center of jurisdiction and maintains the PWD in its files. The determination shall be submitted to the CO, if requested.
b
2 If the job opportunity is not covered by a CBA, the prevailing wage for labor certification purposes shall be based on the wages of workers similarly employed using the wage component of the Bureau of Labor Statistics BLS
Occupational Employment Statistics Survey OES in accordance with paragraph b2i of this section, unless the employer provides an acceptable survey under paragraphs b3 and g of this section or elects to utilize a wage
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