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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations
significant. As discussed above, the Department reviewed the impacts of this final rule for two NAICS Codes that frequently request H2A certification for herding and livestock production job opportunities: NAICS 112410: Sheep Farming, and NAICS 112111: Beef Cattle Ranching, and Farming.
The SBA estimates that revenue for a small business with NAICS Code 112410 is $1.0 million and for NAICS
Code 112111 is $1.0 million. The rule familiarization cost of $48.53 will be far less than one percent of the average revenue for small businesses with the two NAICS Codes. Although the Department does not anticipate the final rule will have a significant adverse effect as employers have already adjusted to USCIS policy memorandum, the Department acknowledges that some employers of sheep and goat herders may need to replenish their labor supply by hiring additional U.S. workers to account for the reduced period of need, petitioning for permanent workers through the appropriate visa programs as necessary, or extending the work schedule for U.S.
workers that they employ. The Department did not receive any public comments on this Initial Regulatory Flexibility Analysis. The Department certifies that this rule will not have a significant impact on a substantial number of small entities affected.

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C. 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 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.
D. Congressional Review Act The Office of Information and Regulatory Affairs has determined that this final rule is not a major rule, as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking pursuant to the Congressional Review Act, Public Law 104121, sec. 251, 110 Stat. 868, 873
codified at 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability
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of U.S.-based companies to compete with foreign-based companies in domestic and export markets.
E. Unfunded Mandates Reform Act of 1995
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 the 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 $100
million or more in expenditures adjusted annually for inflation in any 1 year by State, local, and tribal governments, in the aggregate, or by the private sector. A Federal mandate is defined in 2 U.S.C. 658, in part, as any provision in a regulation that imposes an enforceable duty upon State, local, or tribal governments, or the private sector.
Following consideration of these factors, the Department has concluded that this final rule contains no unfunded Federal mandates, including no Federal intergovernmental mandate or Federal private sector mandate.
This final rule will not exceed the $100 million in expenditures in any 1
year when adjusted for inflation, and this rulemaking does not contain such a mandate. The requirements of Title II of the UMRA, therefore, do not apply, and the Department is not required to prepare a statement under the UMRA.
F. Executive Order 13132, Federalism The Department has concluded that this final rule does not have federalism implications, because it will 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. Accordingly, E.O.
13132 requires no further agency action or analysis.
G. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments After consideration, the Department has determined that this final rule will not result in tribal implications, because it will 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 tribal governments.
Accordingly, E.O. 13175 requires no further agency action or analysis.

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List of Subjects in 20 CFR Part 655
Administrative practice and procedure, Employment, Employment and training, Enforcement, Foreign workers, 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.
For the reasons set forth above, the Department amends part 655 of title 20
of the Code of Federal Regulations as follows:
PART 655TEMPORARY
EMPLOYMENT OF FOREIGN
WORKERS IN THE UNITED STATES
1. The authority citation for part 655
continues to read as follows:

Authority: Section 655.0 issued under 8
U.S.C. 1101a15Eiii, 1101a15Hi and ii, 8 U.S.C. 1103a6, 1182m, n, and t, 1184c, g, and j, 1188, and 1288c and d; sec. 3c1, Pub. L. 101238, 103 Stat.
2099, 2102 8 U.S.C. 1182 note; sec. 221a, Pub. L. 101649, 104 Stat. 4978, 5027 8
U.S.C. 1184 note; sec. 303a8, Pub. L. 102
232, 105 Stat. 1733, 1748 8 U.S.C. 1101
note; sec. 323c, Pub. L. 103206, 107 Stat.
2428; sec. 412e, Pub. L. 105277, 112 Stat.
2681 8 U.S.C. 1182 note; sec. 2d, Pub. L.
10695, 113 Stat. 1312, 1316 8 U.S.C. 1182
note; 29 U.S.C. 49k; Pub. L. 107296, 116
Stat. 2135, as amended; Pub. L. 109423, 120
Stat. 2900; 8 CFR 214.2h4i; 8 CFR
214.2h6iii; and sec. 6, Pub. L. 115218, 132 Stat. 1547 48 U.S.C. 1806.
Subpart A issued under 8 CFR 214.2h.
Subpart B issued under 8 U.S.C.
1101a15Hiia, 1184c, and 1188; and 8
CFR 214.2h.
Subpart E issued under 48 U.S.C. 1806.
Subparts F and G issued under 8 U.S.C.
1288c and d; sec. 323c, Pub. L. 103206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. L. 11474 at section 701.
Subparts H and I issued under 8 U.S.C.
1101a15Hib and b1, 1182n and t, and 1184g and j; sec. 303a8, Pub.
L. 102232, 105 Stat. 1733, 1748 8 U.S.C.
1101 note; sec. 412e, Pub. L. 105277, 112
Stat. 2681; 8 CFR 214.2h; and 28 U.S.C.
2461 note, Pub. L. 11474 at section 701.
Subparts L and M issued under 8 U.S.C.
1101a15Hic and 1182m; sec. 2d, Pub. L. 10695, 113 Stat. 1312, 1316 8
U.S.C. 1182 note; Pub. L. 109423, 120 Stat.
2900; and 8 CFR 214.2h.
655.215

Amended
2. Amend 655.215 by removing paragraph b2 and redesignating paragraph b3 as paragraph b2.

Angela Hanks, Acting Assistant Secretary for Employment and Training, Labor.
FR Doc. 202126211 Filed 121521; 8:45 am BILLING CODE 4510FPP

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