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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Rules and Regulations
The CEQ regulations allow federal agencies to establish, with CEQ review and concurrence, categories of actions categorical exclusions that experience has shown do not individually or cumulatively have a significant effect on the human environment and, therefore, do not require an Environmental Assessment EA or Environmental Impact Statement EIS.9 Categorical exclusions established by DHS are set forth in Appendix A of the Instruction Manual.
Under DHS NEPA implementing procedures, for an action to be categorically excluded, it must satisfy each of the following three conditions:
1 The entire action clearly fits within one or more of the categorical exclusions; 2 the action is not a piece of a larger action; and 3 no extraordinary circumstances exist that create the potential for a significant environmental effect.10
As discussed in more detail throughout this final rule, DHS is issuing this final rule to delay the effective date and postpone the implementation of the H1B Selection Final Rule. That rule is amending regulations governing the selection of registrations or petitions, as applicable, toward the annual H1B numerical allocations based on the wage level that equals or exceeds the proffered wage based on occupational classification and area of intended employment.
Generally, DHS believes NEPA does not apply to a rule intended to change a discrete aspect of a visa program because any attempt to analyze its potential impacts would be largely, if not completely, speculative. The same applies to a rule delaying the effective date of such a rule that does not change the rules substance, but only postpones its effective date, and consequently pushes out the date on which it will be implemented. This final rule does not alter the statutory limitations on the numbers of nonimmigrants who may be issued initial H1B visas or granted initial H1B nonimmigrant status, or those who consequently will be admitted into the United States as H1B
nonimmigrants, or those who will be allowed to change their status to H1B, or will extend their stay in H1B status.
DHS does not believe, and cannot reasonably estimate whether, the delay in a rule that establishes a wage-levelbased ranking approach to select H1B
registrations or petitions in any year in which the registration requirement were suspended that DHS is implementing will affect how many petitions will be 9 See
40 CFR 1507.3b2ii, 1508.4.
Manual section V.B2ac.

10 Instruction
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filed for workers to be employed in specialty occupations or whether the regulatory amendments herein will result in an overall change in the number of H1B petitions that ultimately will be approved, and the number of H1B workers who will be employed in the United States in any FY. DHS has no reason to believe that delaying these amendments to H1B
regulations will change the environmental effect, if any, of the existing regulations. Therefore, DHS has determined that, even if NEPA applied to this action, this final rule clearly fits within categorical exclusion A3d in the Instruction Manual, which provides an exclusion for promulgation of rules . . . that amend an existing regulation without changing its environmental effect. This final rule only delays another final rule and will maintain the current human environment. This final rule is not a part of a larger action and presents no extraordinary circumstances creating the potential for significant environmental effects. Therefore, this action is categorically excluded and no further NEPA analysis is required.
IV. Paperwork Reduction Act DHS is delaying the implementation of all changes to the H1B Registration Tool OMB Control number 16150144
and Form I129, Petition for a Nonimmigrant Worker Form I129
OMB Control number 16150009, associated with the H1B Selection Final Rule until December 31, 2021.
Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security.
FR Doc. 202102665 Filed 2421; 4:15 pm BILLING CODE 911197P

DEPARTMENT OF ENERGY
10 CFR Part 430
Case Number 2020020; EERE2020BT
WAV0035

Energy Conservation Program:
Notification of Petition for Waiver of Ningbo FOTILE Kitchen Ware Co. Ltd.
From the Department of Energy Dishwashers Test Procedure and Notification of Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Notification of petition for waiver and grant of an interim waiver;
request for comments.
AGENCY:

This notification announces receipt of and publishes a petition for
SUMMARY:

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waiver and interim waiver from Ningbo FOTILE Kitchen Ware Co. Ltd.
FOTILE, which seeks a waiver for specified dishwasher basic models from the U.S. Department of Energy DOE
test procedure used for determining the energy and water consumption of dishwashers. DOE also gives notification of an Interim Waiver Order that requires FOTILE to test and rate the specified dishwasher basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning FOTILEs petition and its suggested alternate test procedure so as to inform DOEs final decision on FOTILEs waiver request.
DATES: The Interim Waiver Order is effective on February 8, 2021. Written comments and information are requested and will be accepted on or before March 10, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at http www.regulations.gov.
Alternatively, interested persons may submit comments, identified by case number 2020020, and Docket number EERE2020BTWAV0035, by any of the following methods:
Federal eRulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Email:
FotileDishwasher2020WAV0035@
ee.doe.gov. Include Case No. 2020020
in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE5B, Petition for Waiver Case No.
2020020, 1000 Independence Avenue SW, Washington, DC 205850121. If possible, please submit all items on a compact disc CD, in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, 950 LEnfant Plaza SW, 6th Floor, Washington, DC 20024.
Telephone: 202 2871445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.
No telefacsimilies faxes will be accepted. For detailed instructions on submitting comments and additional information on this process, see the SUPPLEMENTARY INFORMATION section of this document.
Docket: The docket, which includes Federal Register notices, comments,
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