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

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

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: Direct final rule.
AGENCY:

The Department of Homeland Security and the Department of Labor DOL are jointly issuing this direct final rule to extend DOLs recently established system of discretionary Secretary of Labor review to H2B
temporary labor certification cases H
2B 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.
DATES: This direct final rule DFR is effective February 3, 2021 unless significant adverse comment is submitted by January 19, 2021. If the SUMMARY:

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Departments receive significant adverse comment, the Departments will publish a timely withdrawal in the Federal Register informing the public that this DFR will not take effect see Section I, Direct Final Rule Published Concurrently With Companion Proposed Rule, for more details on this process. To ensure 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 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
PO 00000

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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 information on the rulemaking; Section III summarizes the regulatory text;
Section IV covers the administrative requirements for this rulemaking; and Section V provides additional information and instructions to those wishing to comment on the rule.
This final rule is not 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. Direct Final Rule Published Concurrently With Companion Proposed Rule The Department of Homeland Security DHS and Department of Labor DOL collectively, the Departments are simultaneously publishing with this direct final rule an identical proposed 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, 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 revision to DOLs internal adjudicatory processes would implement the mechanism by which the Secretary of Labor Secretary can review H2B cases pending before or decided by the Board of Alien Labor
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