Voglio sapere a riguardo di…

72516

Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations
1280.220

Collections.

a Each first handler, market agency, and exporter responsible for the collection of assessments under this subpart shall remit assessments to the Board by the 15th day of the month following the month in which the lambs were purchased for slaughter or export.

7. Section 1280.402 is amended by revising paragraphs b and e1 to read as follows:
1280.402

Assessments.

b Market agency. A market agency will be required to collect an assessment from the producer, feeder, seedstock producer, or first handler and remit the collected assessment to the Board.

e
1 Assessments shall be remitted to the Lamb Promotion, Research, and Information Program, c/o the Secretary at USDA, 23029 Network Place, Chicago, Illinois 606731230, with a Monthly Remittance Report form not later than the 15th day of the following month in which lambs or lamb products were purchased for slaughter or export, or marketed.

Melissa Bailey, Associate Administrator, Agricultural Marketing Service.
FR Doc. 202127467 Filed 122121; 8:45 am BILLING CODE P

DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 214
RIN 1615AC61

Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H1B Petitions, Implementation of Vacatur U.S. Citizenship and Immigration Services, Department of Homeland Security.
ACTION: Final rule; withdrawal.
AGENCY:

This final rule withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H1B Petitions, final rule issued on January 8, 2021, because that rule has been vacated by a Federal district court.
DATES: The Department of Homeland Security is withdrawing the final rule published January 8, 2021 86 FR 1676, which was delayed by the final rule
khammond on DSKJM1Z7X2PROD with RULES

SUMMARY:

VerDate Sep<11>2014

16:01 Dec 21, 2021

Jkt 256001

published February 8, 2021 86 FR
8543, as of December 22, 2021.
FOR FURTHER INFORMATION CONTACT:

Charles L. Nimick, Chief, Business and Foreign Workers Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Mail Stop 2090, Camp Springs, MD 205880009. Telephone Number 240 7213000 not a toll-free call.
SUPPLEMENTARY INFORMATION:
I. Background and Basis for Removal of Regulations On January 8, 2021, after going through notice and comment rulemaking, the Department of Homeland Security DHS issued a final rule titled Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H1B Petitions H
1B Selection Final Rule.1 The rule was scheduled to go into effect on March 9, 2021. On February 8, 2021, DHS issued a final rule delaying the effective date of the H1B Selection Final Rule to December 31, 2021.2 On March 19, 2021, Plaintiffs in ongoing litigation moved to file an amended complaint in the U.S. District Court for the Northern District of California adding the H1B
Selection Final Rule to the list of challenged agency actions,3 which the court granted leave to file on April 15, 2021.4 Following several months of litigation, on September 15, 2021, the court vacated the H1B Selection Final Rule and remanded the matter to DHS.5
DHS intends to comply with the courts decision vacating the H1B
Selection Final Rule. Therefore, since regulatory changes promulgated through 1 Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H1B
Petitions, 86 FR 1676 Jan. 8, 2021.
2 Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H1B
Petitions; Delay of Effective Date, 86 FR 8543 Feb.
8, 2021.
3 See Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20cv07331 N.D.
Cal. March 19, 2021 Amended Complaint.
4 See Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20cv07331 N.D.
Cal. Apr. 15, 2021 Order Permitting Supplementation of Complaint and Extending Deadline to Submit Joint Case Management Conference Statement.
5 See Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20cv07331 N.D.
Cal. Sep. 15, 2021 Order Granting Pl.s Motion for Summary Judgment and Denying Def.s CrossMotion for Summary Judgment; Judgment. On November 12, 2021 a notice of appeal was filed in the case. On November 30, 2021, the government filed a motion to voluntarily dismiss the appeal, and the appeal was dismissed on December 2, 2021.
The district courts judgment is final.

PO 00000

Frm 00010

Fmt 4700

Sfmt 4700

the H1B Selection Final Rule are scheduled to be codified in the Code of Federal Regulations CFR at 8 CFR
214.2 on the rules new effective date, December 31, 2021, DHS is issuing this rule to withdraw the vacated H1B
Selection Final Rule.
DHS is not required to provide notice and comment or delay the effective date of this rule because this rule simply implements the courts vacatur of the H1B Selection Final Rule and ensures that the vacated regulatory provisions are not codified in CFR. Following the vacatur, the changes made by the H1B
Selection Final Rule do not have any legal effect.
Moreover, good cause exists here for forgoing notice and comment and a delayed effective date even if those procedures were otherwise required.
Notice and comment and a delayed effective date are unnecessary for the implementation of the courts order vacating the rule and would be impracticable in light of the agencys immediate need to implement the final judgment. See 5 U.S.C. 553bB, d.
Furthermore, DHS believes that delaying this ministerial act would be contrary to public interest because it could lead to vacated regulatory provisions being codified and significant confusion among the regulated public regarding the administration of the fiscal year FY
2023 H1B numerical allocations, generally known as the H1B cap, which is likely to begin in early March 2022.6
DHS has concluded that each of those three reasonsthat notice and comment and a delayed effective date are unnecessary, impracticable, and contrary to the public interest independently provides good cause to bypass any otherwise applicable requirements of notice and comment and a delayed effective date.
II. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995, 44 U.S.C. 35013521, DHS is required to submit to the Office of Management and Budget OMB, for review and approval, collections of information and changes to collections of information. The following information collections are impacted by the vacatur. DHS is withdrawing the 6 See 8 CFR 214.2h8iiiA3 explaining that the annual initial registration period will start at least 14 calendar days before the earliest date on which H1B cap-subject petitions may be filed, consistent with 8 CFR 214.2h2iI. For the FY
2023 H1B numerical allocations, the earliest date that H1B cap-subject petitions may be filed is April 1, 2022, such that registration is likely to commence in early March 2022.

E:FRFM22DER1.SGM

22DER1