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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations Newark Liberty International Airport EWR, New Jersey; and Los Angeles International Airport LAX, California.
This direction considers a person to have recently traveled from the DRC or the Republic of Guinea if that person departed from, or was otherwise present within, the DRC or the Republic of Guinea within 21 days of the date of the persons entry or attempted entry into the United States. Also, for purposes of this document, crew and flights carrying only cargo i.e., no passengers or noncrew, are excluded from the applicable measures set forth in this notification.
This direction is subject to any changes to the airport landing destination that may be required for aircraft and/or airspace safety as directed by the Federal Aviation Administration.
This list of designated airports may be modified by the Secretary of Homeland Security in consultation with the Secretary of Health and Human Services and the Secretary of Transportation.
This list of designated airports may be modified by an updated publication in the Federal Register or by posting an advisory to follow at www.cbp.gov. The restrictions will remain in effect until superseded, modified, or revoked by publication in the Federal Register.
For purposes of this Federal Register document, United States means the territory of the several States, the District of Columbia, and Puerto Rico.
Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security.
FR Doc. 202104594 Filed 3221; 4:15 pm BILLING CODE 9112FPP

DEPARTMENT OF LABOR
Wage and Hour Division 29 CFR Parts 780, 788, and 795
RIN 1235AA34

Independent Contractor Status Under the Fair Labor Standards Act FLSA:
Delay of Effective Date Wage and Hour Division, Department of Labor.
ACTION: Final rule; delay of effective date.
AGENCY:

Consistent with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled Regulatory Freeze Pending Review, this action finalizes the Department of Labors proposal to delay until May 7, 2021, the effective
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date of the rule titled Independent Contractor Status Under the Fair Labor Standards Act Independent Contractor Rule or January 2021 Rule, which was published in the Federal Register on January 7, 2021, to allow the Department to review issues of law, policy, and fact raised by the rule before it takes effect.
DATES: As of March 4, 2021, the effective date of the Independent Contractor Rule published January 7, 2021 at 86 FR 1168 is delayed until May 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Amy DeBisschop, Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S
3502, 200 Constitution Avenue NW, Washington, DC 20210; telephone: 202
6930406 this is not a toll-free number. Copies of this final rule may be obtained in alternative formats Large Print, Braille, Audio Tape or Disc, upon request, by calling 202 6930675 this is not a toll-free number. TTY/TDD
callers may dial toll-free 1877889
5627 to obtain information or request materials in alternative formats.
Questions of interpretation or enforcement of the agencys existing regulations may be directed to the nearest Wage and Hour Division WHD district office. Locate the nearest office by calling the WHDs tollfree help line at 866 4USWAGE 866
4879243 between 8 a.m. and 5 p.m. in your local time zone, or log onto WHDs website at https www.dol.gov/
agencies/whd/contact/local-offices for a nationwide listing of WHD district and area offices.
SUPPLEMENTARY INFORMATION:
I. Background On January 7, 2021, the U.S.
Department of Labor the Department published the Independent Contractor Rule in the Federal Register with an effective date of March 8, 2021. See 86
FR 1168. The Independent Contractor Rule would, among other actions, introduce into title 29 of the Code of Federal Regulations a new part part 795 titled Employee or Independent Contractor Classification Under the Fair Labor Standards Act. See id. In a memorandum dated January 20, 2021, and titled Regulatory Freeze Pending Review, published in the Federal Register on January 28, 2021 86 FR
7424 Regulatory Freeze Memorandum, the Assistant to the President and Chief of Staff, on behalf of the President, directed the heads of Executive Departments and Agencies to consider delaying the effective dates of
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all regulations that had been published in the Federal Register but had not yet taken effect. The Independent Contractor Rule fell within this category. The Regulatory Freeze Memorandum states that the purpose of such delays is for agencies to review any questions of fact, law, and policy that the rules may raise, noting certain exceptions that do not apply to the Independent Contractor Rule. On January 20, 2021, the Office of Management and Budget OMB also published OMB Memorandum M21
14, Implementation of Memorandum Concerning Regulatory Freeze Pending Review, which provides guidance regarding the Regulatory Freeze Memorandum. See OMB Memorandum M2114, Implementation of Memorandum Concerning Regulatory Freeze Pending Review, https
www.whitehouse.gov/wp-content/
uploads/2021/01/M-21-14-RegulatoryReview.pdf last visited February 25, 2021. OMB Memorandum M2114
explains that pursuant to the Regulatory Freeze Memorandum, agencies should consider postponing the effective dates for 60 days and reopening the rulemaking processes for rules that have not yet taken effect and about which questions involving law, fact, or policy have been raised. Id.
On February 5, 2021, the Department issued a notice of proposed rulemaking NPRM in accordance with the Regulatory Freeze Memorandum and OMB Memorandum M2114 proposing to delay the effective date of the Independent Contractor Rule to May 7, 2021, which would be 60 days beyond its original effective date. See 86 FR
8326.
In the NPRM, the Department explained that delaying the effective date of the Independent Contractor Rule would give the Department additional opportunity to review and consider the Independent Contractor Rule, as the Regulatory Freeze Memorandum and OMB Memorandum M2114
contemplate. The Department noted that the Independent Contractor Rule would be its first generally applicable regulation addressing the question of who is an independent contractor and thus not an employee under the FLSA, and would adopt a new legal standard for determining employee and independent contractor status under the FLSA. In light of the significance of this change, the Department proposed to allow itself more time to further review and consider, among other important issues, the legal, policy, and/or enforcement implications of adopting that standard, such as: Whether the January 2021 Rule effectuates the
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