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Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations
Order No. 871, that a certificated facility could have its notice to proceed with construction withheld potentially for an unlimited period of time while requests for rehearing remained pending before the Commission.
4. Todays order is necessary to address the present unsustainable situation. While it may not be perfect nor exactly how I alone would resolve the uncertainties and threats created by Order No. 871, it does represent an acceptable compromise, consistent with the applicable law.
5. Notably, it puts clear time limits where there are none now under Order No. 871on how long the Commission is required to withhold a notice to proceed with construction while the Commission considers a request for rehearing.
6. Second, it sets forth a policy for future casesnot mandatory, but subject to the facts and circumstances of each casethat a property owner opposing the involuntary use of eminent domain should be protected from a seizure of his or her property during a reasonable period of time while the Commission is still considering requests for rehearing; however, this period will also be subject to the same time limits as the withholding of the notice to proceed with construction.
7. Third, nothing in todays order will prevent the developer from continuing expeditiously with all development activities that do not involve construction or the use of eminent domain against unwilling property owners. Voluntary land acquisition is unaffected by this order.
8. I understand the desire of the dissent simply to repeal Order No. 871
with nothing more,3 but that is not a realistic prospect; put bluntly, it is not going to happen. Rather than allow the current unsustainable status quo to continue, under present circumstances I
believe this order represents a realistic path forward. If it is not administered fairly or does not bring the clarity and certainty needed, it can be revisited.
Accordingly, I respectfully concur.

DEPARTMENT OF LABOR
Employment and Training Administration 20 CFR Parts 655 and 656
Docket No. ETA20200006
RIN 1205AC00

Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States:
Delay of Effective and Transition Dates Employment and Training Administration, Department of Labor.
ACTION: Final rule; delay of effective and transition dates.
AGENCY:

On March 12, 2021, the Department of Labor Department or DOL published a final rule delaying the effective date of the January 14, 2021, rule entitled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States the rule or Final Rule, from March 15, 2021 until May 14, 2021. On March 22, 2021, the Department proposed to further delay the effective date of the rule by eighteen months from May 14, 2021 until November 14, 2022, along with corresponding proposed delays to the rules transition dates. The Department proposed an additional delay to provide a sufficient amount of time to thoroughly consider the legal and policy issues raised in the rule, and offer the public, through the issuance of a Request for Information, an opportunity to provide information on the sources and methods for determining prevailing wage levels covering employment opportunities that United States U.S.
employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H1B, H1B1, or E3 nonimmigrant visas. The Department also proposed the further delay to provide agency officials with a sufficient amount of time to compute and validate prevailing wage data covering specific occupations and geographic areas, complete and thoroughly test system modifications, lllllllllllllllllllll train staff, and conduct public outreach to ensure an effective and orderly Mark C. Christie, implementation of any revisions to the Commissioner.
prevailing wage levels. The Department FR Doc. 202109829 Filed 51221; 8:45 am invited written comments from the BILLING CODE 671701P
public for 30 days, until April 21, 2021, on the proposed further delay and received 627 timely comments. The Department has reviewed the comments 3 Danly Dissent at PP 12.
received in response to the proposal and
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will delay the effective date of the Final Rule for a period of 18 months, along with corresponding delays to the rules transition dates.
DATES: This final rule is effective November 14, 2022. As of May 13, 2021, the effective date of the Final Rule published on January 14, 2021, at 86 FR
3608, and delayed on March 12, 2021, at 86 FR 13995, is further delayed until November 14, 2022, and the corresponding transition dates are delayed until January 1, 2023, January 1, 2024, January 1, 2025, and January 1, 2026, respectively.
FOR FURTHER INFORMATION CONTACT:
Brian Pasternak, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Avenue NW, Room N5311, Washington, DC 20210, telephone: 202 6938200 this is not a toll-free number. Individuals with hearing or speech impairments may access the telephone numbers above via TTY/TDD by calling the toll-free Federal Information Relay Service at 1 877
8895627.
SUPPLEMENTARY INFORMATION:
I. Background On January 14, 2021 86 FR 3608, the Department published a final rule in the Federal Register, which adopted changes to an interim final rule IFR, published on October 8, 2020 85 FR
63872, that amended Employment and Training Administration ETA
regulations governing the prevailing wages for employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H1B, H1B1, or E3
nonimmigrant visas. Specifically, the IFR amended the Departments regulations governing permanent PERM labor certifications and Labor Condition Applications LCAs to incorporate changes to the computation of wage levels under the Departments four-tiered wage structure based on the Occupational Employment Statistics OES wage survey administered by the Bureau of Labor Statistics BLS. A
general overview of the labor certification and prevailing wage process as well as further background on the rulemaking is available in the Departments Final Rule, as published in the Federal Register on January 14, 2021, and will not be restated herein. 86
FR 3608, 36083611.
Although the Final Rule contained an effective date of March 15, 2021, the Department also included two sets of
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