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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations believes that any reliance is minimal and that such reliance interests do not outweigh the need for DHS to ensure that USCIS has sufficient time to implement the new regulations, and that the regulated public has enough time to adjust to the new registration selection process.
Because it would be impracticable to provide for notice and comment and a delayed effective date in advance of the March 9, 2021, effective date, DHS is proceeding with this final rule.
Accordingly, the effective date of the H
1B Selection Final Rule, FR Doc. 2021
00183, published on January 8, 2021, at 86 FR 1676, is delayed to December 31, 2021.
B. Executive Order 12866, Regulatory Planning and Review, Executive Order 13563 Improving Regulation and Regulatory Review Executive Orders E.O. 12866 and 13563 direct agencies to assess the costs, benefits, and transfers of available 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.
E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Pursuant to Executive Order 12866 Regulatory Planning and Review, the Office of Information and Regulatory Affairs OIRA, of the Office of Management and Budget OMB determined that this rule is economically significant under E.O. 12866 and has reviewed this regulation.

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C. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980
RFA, 5 U.S.C. 605b, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104121 March 29, 1996, requires Federal agencies to consider the potential impact of regulations on small entities during the development of their rules. Small entities are small businesses, not-for-profit organizations that are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. A
regulatory flexibility analysis is not required when a rule is exempt from notice and comment rulemaking. This final rule is exempt from notice and comment rulemaking, as stated in the Administrative Procedure Act, section of the preamble.

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D. 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.
Because the H1B Selection Final Rule that is being delayed by this final rule may result in the expenditure of more than $100 million by the private sector annually, OIRA has determined that this rule may as well. However, neither the H1B Selection Final Rule nor this rulemaking is a Federal mandate as defined for UMRA
purposes. The cost of preparation of H1B petitions including required evidence and the payment of H1B
nonimmigrant petition fees by petitioners or other private sector entities is, to the extent it could be termed an enforceable duty, one that arises from participation in a voluntary Federal program, petitioning for classification of the beneficiary as an H1B nonimmigrant. This final rule does not contain such a mandate. The requirements of Title II of UMRA, therefore, do not apply, and DHS has not prepared a statement under UMRA.
Therefore, no actions were deemed necessary under the provisions of the UMRA.

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801a3. However, pursuant to 5 U.S.C.
8082, DHS is forgoing the 60-day delayed effective date for the reasons articulated in the Administrative Procedure Act section above. This final rule will take effect immediately upon publication. DHS has complied with the CRAs reporting requirements and has sent this final rule to Congress and to the Comptroller General as required by 5 U.S.C. 801a1.
F. 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 Executive Order 13132, DHS has determined that this final rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
G. Executive Order 12988 Civil Justice Reform This final rule meets the applicable standards set forth in sections 3a and 3b2 of Executive Order 12988.
H. 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.

E. Congressional Review Act
I. National Environmental Policy Act NEPA

The Office of Information and Regulatory Affairs determined that the H1B Selection final rule was a major rule as defined by 5 U.S.C. 804, also known as the Congressional Review Act CRA, as enacted in section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104121, 110 Stat. 847, 868
874, and codified at 5 U.S.C. 801808.
Therefore, OIRA has determined that this rule should have a major rule designation because its practical impact is that it is delaying the implementation of a major rule to FY 2023. The CRA
requires that major rules have a 60-day delayed effective date. 5 U.S.C.

DHS analyzes actions to determine whether the National Environmental Policy Act, Public Law 91190, 42
U.S.C. 4321 through 4347 NEPA, applies to them and, if so, what degree of analysis is required. DHS Directive 02301 Rev. 01 Directive and Instruction Manual 0230100101 Rev.
01, Implementation of the National Environmental Policy Act Instruction Manual establish the policies and procedures that DHS and its components use to comply with NEPA
and the Council on Environmental Quality CEQ regulations for implementing NEPA, 40 CFR parts 15001508.

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