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Proposed Rules
Federal Register Vol. 86, No. 1
Monday, January 4, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF HOMELAND
SECURITY
RIN 1615AC63

DEPARTMENT OF LABOR
Employment and Training Administration 20 CFR Part 655
Office of the Secretary 29 CFR Part 18
Wage and Hour Division 29 CFR Part 503
DOL Docket No. DOL20200019
RIN 1290AA43

Discretionary Review by the Secretary of Labor U.S. Citizenship and Immigration Services, Department of Homeland Security; and Office of the Secretary, Employment and Training Administration, and Wage and Hour Division, Department of Labor.
ACTION: Notice of proposed rulemaking.
AGENCY:

The Department of Homeland Security and the Department of Labor DOL are jointly issuing this notice of proposed rulemaking to seek public comments on a proposal to extend DOLs recently established system of discretionary Secretary of Labor review to H2B temporary labor certification cases H2B cases pending before or decided by the Department of Labors Board of Alien Labor Certification Appeals and to make technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the Department of Labors Administrative Review Board in H2B
cases.

SUMMARY:

The Departments invite interested persons to submit comments on the proposed rule. To ensure
DATES:

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consideration, comments must be in writing and must be received by January 19, 2021.
ADDRESSES: You may send comments, identified by Regulatory Identification Number RIN 1290AA43, electronically only, consistent with the following instructions. Submit comments, read background documents, and read comments received through the Federal eRulemaking Portal at http www.regulations.gov. To locate this rulemaking, use docket number DOL20200019 or key words such as Office of Administrative Law Judges or Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges.
Instructions for submitting comments are found on the www.regulations.gov website. All comments must be received by 11:59 p.m. on the date indicated for consideration in this rulemaking. Please be advised that comments received will be posted without change to http
www.regulations.gov, including any personal information provided.
Therefore, the Departments recommend that commenters safeguard their personal information by not including social security numbers, personal addresses, telephone numbers, and email addresses in comments. It is the responsibility of the commenters to safeguard their information.
If you need assistance to review the comments of the rulemaking, the Department will consider providing the comments and the proposed rule in other formats upon request. For assistance to review the comments or obtain the direct final rule in an alternate format, contact Mr. Todd Smyth, General Counsel, U.S.
Department of Labor, at 513 6843252.
FOR FURTHER INFORMATION 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 toll-free Federal Information Relay Service at 800 877
8339.
SUPPLEMENTARY INFORMATION: This preamble is divided into five sections:
Section I describes the process of rulemaking using a direct final rule with a companion proposed rule; Section II
provides general background
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information on the proposed rulemaking; Section III summarizes the proposed regulatory text; Section IV
covers the administrative requirements for this proposed rulemaking; and Section V provides additional information and instructions to those wishing to comment on the rule.
This proposed rule is not expected to be an Executive Order 13771 regulatory action because it is not significant under Executive Order 12866. Pursuant to the Congressional Review Act 5 U.S.C. 801
et seq., the Office of Information and Regulatory Affairs designated this as not a major rule as defined by 5 U.S.C.
8042.
I. Proposed Rule Published Concurrently With Companion Direct Final Rule The Department of Homeland Security DHS and Department of Labor DOL collectively, the Departments are simultaneously publishing with this proposed rule an identical direct final rule elsewhere in this issue of the Federal Register, with an identical change to the regulatory text. In direct final rulemaking, an agency publishes a final rule with a statement that the rule will go into effect unless the agency receives significant adverse comments within a specified period. If the agency receives no significant adverse comments in response to the direct final rule DFR, the DFR goes into effect. If the agency receives significant adverse comments, the agency withdraws the direct final rule and treats such comments as submissions in response to the proposed rule. The proposed rule provides the procedural framework to finalize the proposed regulatory changes through a final rule. Agencies typically use direct final rulemaking when they anticipate a rule will be noncontroversial.
The Departments have determined that this rule is suitable for direct final rulemaking. The proposed revision to DOLs internal adjudicatory processes would implement the mechanism by which the Secretary of Labor can review H2B cases pending before or decided by the Board of Alien Labor Certification Appeals BALCA and decisions of the Administrative Review Board ARBa power the Secretary already possesses with respect to other cases pending before or decided by BALCA under DOLs recent final rule,
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