Permanent Labor Certification Program: Training and Employment Guidance Letter 8-05 in Response to Hurricanes Katrina, Rita, and Wilma, 73035-73037 [05-23784]

Download as PDF Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices 73035 TAA PETITIONS INSTITUTED BETWEEN 11/14/05 AND 11/18/05—Continued Subject firm (petitioners) Location Mine Safety Appliances (Wkrs) .................................................. Phoenix Mecano, Inc. (Comp) .................................................... Teradyne, Inc. (State) ................................................................. Springfield Wire, Inc. (Comp) ..................................................... Coherent, Inc. (Comp) ................................................................ Agere Systems (Wkrs) ................................................................ S. Lichtenberg and Co., Inc. (Comp) .......................................... Carhartt, Inc. (Comp) .................................................................. Temple-Inland Box Plant (State) ................................................ Irving Oil (Wkrs) .......................................................................... Pacific MDF Products of SC (Comp) .......................................... Spartacraft, Inc. (Comp) ............................................................. Lati USA, Inc. (Comp) ................................................................. EI Dupont (State) ........................................................................ Hoffmaster, Creative Expressions, Fonda Brands (Wkrs) ......... SPX Contech (Comp) ................................................................. Dan Post Boot Co. (Comp) ......................................................... DSM Pharma Chemicals (Comp) ............................................... Evans City, PA ......................... Romney, WV ............................ N. Reading, MA ........................ Springfield, MA ......................... Auburn, CA ............................... Orlando, FL .............................. Waynesboro, GA ...................... Glasgow, KY ............................ Newark, DE .............................. Brewer, ME .............................. Clio, SC .................................... Connelly Springs, NC ............... Summerville, SC ...................... Orange, TX ............................... Glens Falls, NY ........................ Mishawaka, IN .......................... Waverly, TN ............................. Greenville, NC .......................... TA–W 58364 58365 58366 58367 58368 58369 58370 58371 58372 58373 58374 58375 58376 58377 58378 58379 58380 58381 ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... TA–W–57,790; Science Applications International Corporation (SAIC), Piscataway, New Jersey (November 28, 2005). [FR Doc. E5–7055 Filed 12–7–05; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR [TA–W–57,790] SUMMARY: The Employment and Training Administration has issued the Training and Employment Guidance Dated: December 2, 2005. Emily Stover DeRocco, Assistant Secretary of Labor. BILLING CODE 4510–30–P Pursuant to 29 CFR 90.18(C), an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Science Applications International Corporation (SAIC), Piscataway, New Jersey. The application did not contain new information supporting a conclusion that the determination was erroneous, and also did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. Therefore, dismissal of the application was issued. Employment and Training Administration DEPARTMENT OF LABOR Permanent Labor Certification Program: Training and Employment Guidance Letter 8–05 in Response to Hurricanes Katrina, Rita, and Wilma AGENCY: Employment and Training Administration Advisory System U.S. Department of Labor Washington, DC 20210 VerDate Aug<31>2005 16:29 Dec 07, 2005 Jkt 208001 11/15/05 11/15/05 11/15/05 11/10/05 11/10/05 11/03/05 11/17/05 11/17/05 11/17/05 11/14/05 11/17/05 11/15/05 11/17/05 11/14/05 11/10/05 11/01/05 11/18/05 01/17/05 Employment and Training Administration (ETA), Department of Labor. ACTION: Notice of Training and Employment Guidance Letter. Science Applications International Corporation (SAIC), Piscataway, NJ; Dismissal of Application for Reconsideration Advisory: Foreign Labor Certification Training and Employment Guidance Letter No. 8–05. To: FLC-National Processing Center Directors. FLC-Backlog Elimination Center Directors. From: Emily Stover DeRocco, Assistant Secretary. 11/17/05 11/17/05 11/17/05 11/17/05 11/17/05 11/17/05 11/18/05 11/18/05 11/18/05 11/18/05 11/18/05 11/18/05 11/18/05 11/18/05 11/18/05 11/18/05 11/18/05 11/18/05 Date of petition Letter (TEGL) 8–05, dated November 16, 2005, to provide guidance to the National Processing Centers and Backlog Elimination Centers (collectively, Centers). TEGL 8–05 advises the Centers of accommodations to be made for employers impacted by Hurricanes Katrina, Rita, and Wilma regarding the filing and processing of permanent labor certifications. The Division of Foreign Labor Certification (DFLC) issued initial guidance regarding the impact of Hurricane Katrina on permanent labor certification processing on October 13, 2005, which was posted on the DFLC Web site at http:// atlas.doleta.gov/foreign/. TEGL 8–05 replaces and supersedes all prior DFLC hurricane guidance. TEGL 8–05 is reprinted in the Federal Register in order to inform the public, and will be posted on the DFLC Web site. DATES: TEGL 8–05 is effective November 16, 2005. FOR FURTHER INFORMATION CONTACT: Rachel Wittman Cox, Senior Policy Advisor, Telephone: (202) 693–3010. Signed at Washington, DC, this 30th day of November, 2005. Erica R. Cantor, Director, Division of Trade Adjustment Assistance. [FR Doc. E5–7056 Filed 12–7–05; 8:45 am] Employment and Training Administration Date of institution Classification; Permanent Labor Certif. Correspondence Symbol; DFLC Issue Date; November 16, 2005. Subject: Response to Hurricanes Katrina, Rita, and Wilma—Deadlines and Correspondence for the Permanent Labor Certification Program. 1. Purpose. This memorandum outlines interim procedures for the management of mail related to applications in the permanent labor PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 certification program and reflects the decision by the Division of Foreign Labor Certification (DFLC or Division) to postpone certain regulatory and procedural deadlines pertaining to applications affected by Hurricanes Katrina, Rita, and Wilma. DFLC issued guidance for Hurricane Katrina on E:\FR\FM\08DEN1.SGM 08DEN1 73036 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices October 13, 2005. Stakeholders raised certain questions in response to that guidance. Therefore, this guidance replaces and supersedes all prior DFLC hurricane guidance. This guidance will be posted on DFLC’s Web site and published in the Federal Register. 2. References. DFLC Field Memorandum, ‘‘Response to Hurricane Katrina’’ (October 13, 2005).’’ 3. Background. In late August 2005, Hurricane Katrina battered the Gulf Coast of the United States, devastating large areas of Louisiana, Alabama, and Mississippi. In late September 2005, Hurricane Rita hit the Gulf Coast of the United States, including parts of Louisiana and Texas. In late October 2005, Hurricane Wilma devastated parts of Florida. DFLC will work closely with our stakeholders to minimize disruption to the labor certification process as the country works through these disasters. This guidance outlines the Division’s emergency policy related to deadlines and correspondence for permanent program applications related to Katrina, Rita, and Wilma impacted areas. RESCISSIONS DFLC Field Memorandum, ‘‘Response to Hurricane Katrina’’ (October 13, 2005) .................................. 4. Discussion. A. Mail delivery. Currently, the Post Office and other mail delivery services are not delivering mail to certain areas impacted by Hurricanes Katrina, Rita, and Wilma. In addition, many businesses, including law firms, have been destroyed by these hurricanes and subsequent flooding. Therefore, until further notice, National Processing Centers, Backlog Elimination Centers, and their satellite offices (collectively, the Centers) should not send correspondence to zip codes in the affected regions where there is either no mail service or partial mail service, as shown on the United States Postal Service Web site at http://www.usps.com/communications/ news/serviceupdates. htm?from=bannercommunications& page=katrina. Normally, copies of correspondence from DFLC regarding permanent labor certification applications are sent to both the employer and the legal representative named on the application. DFLC will continue processing every case to the extent feasible. However, to avoid potential misunderstandings regarding the status of a case, DFLC will hold all correspondence and case communications where one of the recipients of the correspondence is in an area with no or partial mail delivery, until a new address is provided by the employer or attorney in accordance with the instructions below. B. Advising DFLC of new mailing addresses and contact information. Because some employers and/or their attorneys may be relocating from disaster-impacted areas on a temporary or permanent basis, we have established e-mail addresses to receive new contact information. We will verify this new information as needed. Employers or their attorneys are asked to contact the Center with jurisdiction over each particular permanent labor certification case as follows: VerDate Aug<31>2005 16:29 Dec 07, 2005 Jkt 208001 Katrina.dflc@phi.dflc.us for the Backlog Elimination Center in Philadelphia; Katrina.dflc@dal.dflc.us for the Backlog Elimination Center in Dallas; Katrina.dflcatlanta@dol.gov for the National Processing Center in Atlanta; or Katrina.dflcchicago@dol.gov for the National Processing Center in Chicago. The subject line of each e-mail should designate which hurricane(s) affected the application. E-mailed notices must include: the new mailing address to which correspondence should be forwarded, any new telephone and facsimile information, and sufficient information to identify each affected application(s), including the case number(s). (Please note: global requests for a mailing address change will not be honored.) In the case of temporary or interim relocations, please note the time period when the new address/phone numbers will be in effect. Any subsequent changes to the employer or attorney’s mailing address must also be e-mailed to the addresses above. C. Case file. Due to Hurricanes Katrina, Rita, and Wilma, DFLC will accept new addresses for purposes of mailing only. Addresses will not be added or amended on pending applications, as a new address can sometimes change key elements of an application ‘‘ for example, a new work location can change the applicable prevailing wage rate and area of intended employment. Instead, for purposes of mailing to a new address, the Centers will create a brief cover letter to add to the prepared correspondence. This cover letter will document the date the new address request was received and the new address itself. Center staff will then annotate the electronic case file to record the new address and the type of correspondence sent to the new address on a given date. D. Due dates. To address Hurricanes Rita and Wilma, and in response to stakeholder questions about the earlier guidance on Hurricane Katrina, DFLC PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 Expiration Date March 2006 provides the information below to clarify the applicability of due date deadline extensions. For those permanent labor certification applications where either the employer or its attorney or agent is located in a Katrina, Rita, or Wilma disaster area (the counties and parishes that have been or are later designated by the Federal Emergency Management Agency as disaster areas eligible for Individual or Public Assistance because of the devastation caused by Hurricane Katrina), DFLC is postponing certain regulatory and procedural deadlines. Specifically, DFLC is extending deadlines for employer responses to Backlog Elimination Center (BEC)issued 45-day letters (also known as continuation letters), BEC-issued Notices of Findings, National Processing Center (NPC)-issued audit requests, NPC requests for additional information, and employer appeals. In other words, any of these specifically listed application materials with a due date during the period described below will be considered timely if received by the appropriate Center by the date specified for each hurricane: For Hurricane Katrina: If the specific deadlines listed above fall during the period from August 29, 2005, until December 1, 2005, the employer’s submission will be considered timely if received by the appropriate NPC by December 1, 2005. For Hurricane Rita: If the specific deadlines listed above fall during the period from September 23, 2005, until January 1, 2006, the employer’s submission will be considered timely if received by the appropriate NPC by January 1, 2006. For Hurricane Wilma: If the specific deadlines listed above fall during the period from October 24, 2005, until February 1, 2006, the employer’s submission will be considered timely if received by the appropriate NPC by February 1, 2006. These extensions apply even if the employer, attorney, or agent has E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices relocated and resumed operations outside the disaster area. The list of counties and parishes designated by FEMA as disaster areas eligible for Individual or Public Assistance as a result of Hurricanes Katrina, Rita, and Wilma has been published and amended in the Federal Register, and is available at http:// www.fema.gov/news/disasters.fema. For the hardest hit areas, DFLC will closely monitor progress and may extend these deadlines even further. DFLC will work with stakeholders covered by an extension provided above who may receive written communications applying an earlier or incorrect deadline. We will consider other deadline issues on a case-by-case basis. E. Filing Date Extensions for PERM applications impacted by Hurricane Wilma, Rita, or Katrina. Under current PERM regulations, employers must begin their recruitment efforts no more than 180 days prior to filing a permanent labor certification application, and must complete most recruitment measures at least 30 days prior to filing. Due to recent hurricanes, employers or their attorneys within a FEMA-designated disaster area may be unable to comply with the requirement of completing their recruitment efforts within the regulatory 180-day time frame. Therefore, DFLC is extending recruitment validity periods to allow employers or their attorneys located within a FEMA-designated disaster area (as defined above) to file their permanent labor certification application by seventy-five (75) days after the date of the last of the three hurricanes, so long as recruitment was begun within 180 days prior to the specific hurricane. The last of the three hurricanes, Wilma, hit on October 24, 2005, and 75 days after that date is January 7, 2006. The specific dates applicable to each hurricane are as follows: Hurricane date Recruitment must have begun by (180 days prior to hurricane): Katrina—Aug. 29, 2005 ........................................................ Rita—Sept. 23, 2005 ............................................................ Wilma—Oct. 24, 2005 .......................................................... March 2, 2005 ......................................... March 27, 2005 ....................................... April 27, 2005 ......................................... Those hurricane-affected employers who may have already been denied due to the ‘‘staleness’’ of the recruitment on an application may file a request for reconsideration with the appropriate Certifying Officer. Those employers wishing to submit an application under this guidance, where the recruitment period lasted longer than 180 days, must submit their application by mail to the appropriate National Processing Center. The employer must include a cover letter (signed by the employer or the employer’s representative) explaining the particular circumstances that caused the employer to fall within the boundaries of this guidance. Please note: Under the regulations, recruitment steps must be completed at least 30 days before filing the application. This requirement will still be enforced. The Division will continue to revisit issues surrounding Hurricanes Katrina, Rita, and Wilma in the coming months, as needed. 5. Action Required. FLC Center directors are requested to inform certifying officers and staff of the information in this guidance letter and ensure they take appropriate action. 6. Inquiries. Please direct questions to the appropriate National Office staff. [FR Doc. 05–23784 Filed 12–7–05; 8:45 am] BILLING CODE 4510–30–P VerDate Aug<31>2005 16:29 Dec 07, 2005 Jkt 208001 SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27173; 812–13179] MGI Funds and Mercer Global Investments, Inc.; Notice of Application December 1, 2005. Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of an application under section 6(c) of the Investment Company Act of 1940 (‘‘Act’’) for an exemption from section 15(a) of the Act and rule 18f–2 under the Act, as well as certain disclosure requirements. AGENCY: Summary of Application: Applicants request an order that would permit them to enter into and materially amend subadvisory agreements without shareholder approval and would grant relief from certain disclosure requirements. Applicants: MGI Funds (the ‘‘Trust’’) and Mercer Global Investments, Inc. (the ‘‘Adviser’’). Filing Dates: The application was filed on March 23, 2005, and amended on November 3, 2005, and November 22, 2005. Hearing or Notification of Hearing: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission’s Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on December 27, 2005, and PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 73037 Filing must occur by: January 7, 2006. January 7, 2006. January 7, 2006. should be accompanied by proof of service on the applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer’s interest, the reason for the request, and the issues contested. Persons may request notification of a hearing by writing to the Commission’s Secretary. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–9303. Applicants, 1166 Avenue of the Americas, New York, NY 10036. FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior Counsel, at (202) 551–6879, or Mary Kay Frech, Branch Chief, at (202) 551–6821 (Division of Investment Management, Office of Investment Company Regulation). The following is a summary of the application. The complete application may be obtained for a fee at the Commission’s Public Reference Desk, 100 F Street, NE., Washington, DC 20549–0102 (telephone (202) 551–5850). SUPPLEMENTARY INFORMATION: Applicants’ Representations 1. The Trust, a Delaware statutory trust, is registered under the Act as an open-end management investment company. The Trust offers, or will offer, shares in seven series (each a ‘‘Fund’’ and collectively, the ‘‘Funds’’), each with separate investment objectives, policies and restrictions.1 The Adviser 1 Applicants also request relief with respect to future series of the Trust and any other existing or future registered open-end management investment E:\FR\FM\08DEN1.SGM Continued 08DEN1

Agencies

[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 73035-73037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23784]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Permanent Labor Certification Program: Training and Employment 
Guidance Letter 8-05 in Response to Hurricanes Katrina, Rita, and Wilma

AGENCY: Employment and Training Administration (ETA), Department of 
Labor.

ACTION: Notice of Training and Employment Guidance Letter.

-----------------------------------------------------------------------

SUMMARY: The Employment and Training Administration has issued the 
Training and Employment Guidance Letter (TEGL) 8-05, dated November 16, 
2005, to provide guidance to the National Processing Centers and 
Backlog Elimination Centers (collectively, Centers). TEGL 8-05 advises 
the Centers of accommodations to be made for employers impacted by 
Hurricanes Katrina, Rita, and Wilma regarding the filing and processing 
of permanent labor certifications. The Division of Foreign Labor 
Certification (DFLC) issued initial guidance regarding the impact of 
Hurricane Katrina on permanent labor certification processing on 
October 13, 2005, which was posted on the DFLC Web site at http://
atlas.doleta.gov/foreign/. TEGL 8-05 replaces and supersedes all prior 
DFLC hurricane guidance. TEGL 8-05 is reprinted in the Federal Register 
in order to inform the public, and will be posted on the DFLC Web site.

DATES: TEGL 8-05 is effective November 16, 2005.

FOR FURTHER INFORMATION CONTACT: Rachel Wittman Cox, Senior Policy 
Advisor, Telephone: (202) 693-3010.

    Dated: December 2, 2005.
Emily Stover DeRocco,
Assistant Secretary of Labor.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
  Employment and Training Administration Advisory   Classification; Permanent Labor Certif.
                      System
             U.S. Department of Labor               Correspondence Symbol; DFLC
               Washington, DC 20210                 Issue Date; November 16, 2005.
----------------------------------------------------------------------------------------------------------------

    Advisory: Foreign Labor Certification Training and Employment 
Guidance Letter No. 8-05.
    To: FLC-National Processing Center Directors. FLC-Backlog 
Elimination Center Directors.
    From: Emily Stover DeRocco, Assistant Secretary.
    Subject: Response to Hurricanes Katrina, Rita, and Wilma--Deadlines 
and Correspondence for the Permanent Labor Certification Program.
    1. Purpose. This memorandum outlines interim procedures for the 
management of mail related to applications in the permanent labor 
certification program and reflects the decision by the Division of 
Foreign Labor Certification (DFLC or Division) to postpone certain 
regulatory and procedural deadlines pertaining to applications affected 
by Hurricanes Katrina, Rita, and Wilma. DFLC issued guidance for 
Hurricane Katrina on

[[Page 73036]]

October 13, 2005. Stakeholders raised certain questions in response to 
that guidance. Therefore, this guidance replaces and supersedes all 
prior DFLC hurricane guidance. This guidance will be posted on DFLC's 
Web site and published in the Federal Register.
    2. References. DFLC Field Memorandum, ``Response to Hurricane 
Katrina'' (October 13, 2005).''
    3. Background. In late August 2005, Hurricane Katrina battered the 
Gulf Coast of the United States, devastating large areas of Louisiana, 
Alabama, and Mississippi. In late September 2005, Hurricane Rita hit 
the Gulf Coast of the United States, including parts of Louisiana and 
Texas. In late October 2005, Hurricane Wilma devastated parts of 
Florida. DFLC will work closely with our stakeholders to minimize 
disruption to the labor certification process as the country works 
through these disasters. This guidance outlines the Division's 
emergency policy related to deadlines and correspondence for permanent 
program applications related to Katrina, Rita, and Wilma impacted 
areas.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
RESCISSIONS DFLC Field Memorandum,          Expiration Date
 ``Response to Hurricane Katrina''          March 2006
 (October 13, 2005).
------------------------------------------------------------------------

    4. Discussion.
    A. Mail delivery. Currently, the Post Office and other mail 
delivery services are not delivering mail to certain areas impacted by 
Hurricanes Katrina, Rita, and Wilma. In addition, many businesses, 
including law firms, have been destroyed by these hurricanes and 
subsequent flooding. Therefore, until further notice, National 
Processing Centers, Backlog Elimination Centers, and their satellite 
offices (collectively, the Centers) should not send correspondence to 
zip codes in the affected regions where there is either no mail service 
or partial mail service, as shown on the United States Postal Service 
Web site at http://www.usps.com/ communications/news/serviceupdates. 
htm?from=bannercommunications& page=katrina.
    Normally, copies of correspondence from DFLC regarding permanent 
labor certification applications are sent to both the employer and the 
legal representative named on the application. DFLC will continue 
processing every case to the extent feasible. However, to avoid 
potential misunderstandings regarding the status of a case, DFLC will 
hold all correspondence and case communications where one of the 
recipients of the correspondence is in an area with no or partial mail 
delivery, until a new address is provided by the employer or attorney 
in accordance with the instructions below.
    B. Advising DFLC of new mailing addresses and contact information. 
Because some employers and/or their attorneys may be relocating from 
disaster-impacted areas on a temporary or permanent basis, we have 
established e-mail addresses to receive new contact information. We 
will verify this new information as needed. Employers or their 
attorneys are asked to contact the Center with jurisdiction over each 
particular permanent labor certification case as follows:
    Katrina.dflc@phi.dflc.us for the Backlog Elimination Center in 
Philadelphia; Katrina.dflc@dal.dflc.us for the Backlog Elimination 
Center in Dallas; Katrina.dflcatlanta@dol.gov for the National 
Processing Center in Atlanta; or Katrina. dflcchicago@dol.gov for the 
National Processing Center in Chicago.
    The subject line of each e-mail should designate which hurricane(s) 
affected the application. E-mailed notices must include: the new 
mailing address to which correspondence should be forwarded, any new 
telephone and facsimile information, and sufficient information to 
identify each affected application(s), including the case number(s). 
(Please note: global requests for a mailing address change will not be 
honored.) In the case of temporary or interim relocations, please note 
the time period when the new address/phone numbers will be in effect. 
Any subsequent changes to the employer or attorney's mailing address 
must also be e-mailed to the addresses above.
    C. Case file. Due to Hurricanes Katrina, Rita, and Wilma, DFLC will 
accept new addresses for purposes of mailing only. Addresses will not 
be added or amended on pending applications, as a new address can 
sometimes change key elements of an application `` for example, a new 
work location can change the applicable prevailing wage rate and area 
of intended employment. Instead, for purposes of mailing to a new 
address, the Centers will create a brief cover letter to add to the 
prepared correspondence. This cover letter will document the date the 
new address request was received and the new address itself. Center 
staff will then annotate the electronic case file to record the new 
address and the type of correspondence sent to the new address on a 
given date.
    D. Due dates. To address Hurricanes Rita and Wilma, and in response 
to stakeholder questions about the earlier guidance on Hurricane 
Katrina, DFLC provides the information below to clarify the 
applicability of due date deadline extensions.
    For those permanent labor certification applications where either 
the employer or its attorney or agent is located in a Katrina, Rita, or 
Wilma disaster area (the counties and parishes that have been or are 
later designated by the Federal Emergency Management Agency as disaster 
areas eligible for Individual or Public Assistance because of the 
devastation caused by Hurricane Katrina), DFLC is postponing certain 
regulatory and procedural deadlines. Specifically, DFLC is extending 
deadlines for employer responses to Backlog Elimination Center (BEC)-
issued 45-day letters (also known as continuation letters), BEC-issued 
Notices of Findings, National Processing Center (NPC)-issued audit 
requests, NPC requests for additional information, and employer 
appeals. In other words, any of these specifically listed application 
materials with a due date during the period described below will be 
considered timely if received by the appropriate Center by the date 
specified for each hurricane:
    For Hurricane Katrina: If the specific deadlines listed above fall 
during the period from August 29, 2005, until December 1, 2005, the 
employer's submission will be considered timely if received by the 
appropriate NPC by December 1, 2005.
    For Hurricane Rita: If the specific deadlines listed above fall 
during the period from September 23, 2005, until January 1, 2006, the 
employer's submission will be considered timely if received by the 
appropriate NPC by January 1, 2006.
    For Hurricane Wilma: If the specific deadlines listed above fall 
during the period from October 24, 2005, until February 1, 2006, the 
employer's submission will be considered timely if received by the 
appropriate NPC by February 1, 2006.
    These extensions apply even if the employer, attorney, or agent has

[[Page 73037]]

relocated and resumed operations outside the disaster area.
    The list of counties and parishes designated by FEMA as disaster 
areas eligible for Individual or Public Assistance as a result of 
Hurricanes Katrina, Rita, and Wilma has been published and amended in 
the Federal Register, and is available at http://www.fema.gov/news/
disasters.fema. For the hardest hit areas, DFLC will closely monitor 
progress and may extend these deadlines even further. DFLC will work 
with stakeholders covered by an extension provided above who may 
receive written communications applying an earlier or incorrect 
deadline. We will consider other deadline issues on a case-by-case 
basis.
    E. Filing Date Extensions for PERM applications impacted by 
Hurricane Wilma, Rita, or Katrina. Under current PERM regulations, 
employers must begin their recruitment efforts no more than 180 days 
prior to filing a permanent labor certification application, and must 
complete most recruitment measures at least 30 days prior to filing. 
Due to recent hurricanes, employers or their attorneys within a FEMA-
designated disaster area may be unable to comply with the requirement 
of completing their recruitment efforts within the regulatory 180-day 
time frame. Therefore, DFLC is extending recruitment validity periods 
to allow employers or their attorneys located within a FEMA-designated 
disaster area (as defined above) to file their permanent labor 
certification application by seventy-five (75) days after the date of 
the last of the three hurricanes, so long as recruitment was begun 
within 180 days prior to the specific hurricane. The last of the three 
hurricanes, Wilma, hit on October 24, 2005, and 75 days after that date 
is January 7, 2006. The specific dates applicable to each hurricane are 
as follows:

------------------------------------------------------------------------
                                   Recruitment must
                                  have begun by (180   Filing must occur
         Hurricane date              days prior to            by:
                                      hurricane):
------------------------------------------------------------------------
Katrina--Aug. 29, 2005..........  March 2, 2005.....  January 7, 2006.
Rita--Sept. 23, 2005............  March 27, 2005....  January 7, 2006.
Wilma--Oct. 24, 2005............  April 27, 2005....  January 7, 2006.
------------------------------------------------------------------------

    Those hurricane-affected employers who may have already been denied 
due to the ``staleness'' of the recruitment on an application may file 
a request for reconsideration with the appropriate Certifying Officer.
    Those employers wishing to submit an application under this 
guidance, where the recruitment period lasted longer than 180 days, 
must submit their application by mail to the appropriate National 
Processing Center. The employer must include a cover letter (signed by 
the employer or the employer's representative) explaining the 
particular circumstances that caused the employer to fall within the 
boundaries of this guidance. Please note: Under the regulations, 
recruitment steps must be completed at least 30 days before filing the 
application. This requirement will still be enforced.
    The Division will continue to revisit issues surrounding Hurricanes 
Katrina, Rita, and Wilma in the coming months, as needed.
    5. Action Required. FLC Center directors are requested to inform 
certifying officers and staff of the information in this guidance 
letter and ensure they take appropriate action.
    6. Inquiries. Please direct questions to the appropriate National 
Office staff.

[FR Doc. 05-23784 Filed 12-7-05; 8:45 am]
BILLING CODE 4510-30-P