Temporary Agricultural Employment of H-2A Aliens in the United States, 17597-17601 [E9-8815]

Download as PDF Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations between 10000 and 14999. In addition, the validation for the ‘‘Comptroller of the Currency’’ will be modified such that the file number prefix must begin with ‘‘085’’ and have a sequence number between 10000 and 14999. The EDGARLite Form TA–W (Notice of Withdrawal from Registration as Transfer Agent) OMB expiration date displayed will be corrected to be ‘‘July 30, 2011.’’ Along with adoption of the Filer Manual, we are amending Rule 301 of Regulation S–T to provide for the incorporation by reference into the Code of Federal Regulations of today’s revisions. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. You may obtain paper copies of the updated Filer Manual at the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street, NE., Room 1520, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. We will post electronic format copies on the Commission’s Web site; the address for the Filer Manual is https://www.sec.gov/info/edgar.shtml. You may also obtain copies from Thomson Financial, the paper document contractor for the Commission, at (800) 638–8241. Since the Filer Manual relates solely to agency procedures or practice, publication for notice and comment is not required under the Administrative Procedure Act (APA).6 It follows that the requirements of the Regulatory Flexibility Act 7 do not apply. The effective date for the updated Filer Manual and the rule amendments is April 16, 2009. In accordance with the APA,8 we find that there is good cause to establish an effective date less than 30 days after publication of these rules. The EDGAR system upgrade to Release 9.14 is scheduled to become available on December 15, 2008. The Commission believes that establishing an effective date less than 30 days after publication of these rules is necessary to coordinate the effectiveness of the updated Filer Manual with the system upgrade. tjames on PRODPC75 with RULES Statutory Basis We are adopting the amendments to Regulation S–T under Sections 6, 7, 8, 10, and 19(a) of the Securities Act of 1933,9 Sections 3, 12, 13, 14, 15, 23, and 35A of the Securities Exchange Act of 65 U.S.C. 553(b). U.S.C. 601–612. 8 5 U.S.C. 553(d)(3). 9 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 75 VerDate Nov<24>2008 13:29 Apr 15, 2009 Jkt 217001 1934,10 Section 319 of the Trust Indenture Act of 1939,11 and Sections 8, 30, 31, and 38 of the Investment Company Act of 1940.12 List of Subjects in 17 CFR Part 232 Incorporation by reference, Reporting and recordkeeping requirements, Securities. Text of the Amendment In accordance with the foregoing, Title 17, Chapter II of the Code of Federal Regulations is amended as follows: ■ PART 232—REGULATION S–T— GENERAL RULES AND REGULATIONS FOR ELECTRONIC FILINGS 1. The authority citation for Part 232 continues to read in part as follows: ■ 17597 1520, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Electronic copies are available on the Commission’s Web site. The address for the Filer Manual is https://www.sec.gov/info/edgar.shtml. You can also inspect the document at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. Dated: April 8, 2009. By the Commission. Elizabeth M. Murphy, Secretary. [FR Doc. E9–8589 Filed 4–15–09; 8:45 am] Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, 80a–30, 80a–37, and 7201 et seq.; and 18 U.S.C. 1350 BILLING CODE 8010–02–P * Employment and Training Administration * * * * 2. Section 232.301 is revised to read as follows: ■ § 232.301 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. 11 15 12 15 PO 00000 20 CFR Part 655 EDGAR Filer Manual. Filers must prepare electronic filings in the manner prescribed by the EDGAR Filer Manual, promulgated by the Commission, which sets out the technical formatting requirements for electronic submissions. The requirements for becoming an EDGAR Filer and updating company data are set forth in the updated EDGAR Filer Manual, Volume I: ‘‘General Information,’’ Version 5 (September 2008). The requirements for filing on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 10 (December 2008). Additional provisions applicable to Form N–SAR filers are set forth in the EDGAR Filer Manual, Volume III: ‘‘N– SAR Supplement,’’ Version 1 (September 2005). All of these provisions have been incorporated by reference into the Code of Federal Regulations, which action was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. You must comply with these requirements in order for documents to be timely received and accepted. You can obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street, NE., Room 10 15 DEPARTMENT OF LABOR U.S.C. 77sss. U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. Frm 00009 Fmt 4700 Sfmt 4700 RIN 1205–AB55 Temporary Agricultural Employment of H–2A Aliens in the United States AGENCY: Employment and Training Administration, Labor. ACTION: Interim Final Rule. SUMMARY: The Department of Labor (‘‘Department’’ or ‘‘DOL’’) is amending its regulations to extend the transition period of the application filing procedures currently in effect for all H– 2A employers with a date of need on or before July 1, 2009, as established in the H–2A Final Rule published on December 18, 2008 and in effect as of January 17, 2009. The transition period is extended to include all employers with a date of need on or before January 1, 2010. DATES: This Interim Final Rule is effective April 16, 2009. The grounds for making the rule effective upon publication in the Federal Register are set forth in SUPPLEMENTARY INFORMATION below. Interested persons are invited to submit written comments on the Interim Final Rule on or before May 18, 2009. ADDRESSES: You may submit comments, identified by Regulatory Information Number (RIN) 1205–AB55, by any one of the following methods: Federal e-Rulemaking Portal: https:// www.regulations.gov: Follow the Web site instructions for submitting comments. E:\FR\FM\16APR1.SGM 16APR1 tjames on PRODPC75 with RULES 17598 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations Mail: Please submit all written comments (including disk and CD–ROM submissions) to Thomas Dowd, Administrator, Office of Policy Development and Research, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N–5641, Washington, DC 20210. Hand Delivery/Courier: Please submit all comments to Thomas Dowd, Administrator, Office of Policy Development and Research, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N–5641, Washington, DC 20210. Please submit your comments by only one method. The Department will post all comments received on https:// www.regulations.gov without making any change to the comments, including any personal information provided. The https://www.regulations.gov Web site is the Federal e-Rulemaking portal and all comments posted there are available and accessible to the public. The Department cautions commenters not to include their personal information such as Social Security numbers, personal addresses, telephone numbers, and email addresses in their comments as such submitted information will become viewable by the public via the https:// www.regulations.gov Web site. It is the responsibility of the commenter to safeguard his or her information. Comments submitted through https:// www.regulations.gov will not include the commenter’s e-mail address unless the commenter chooses to include that information as part of his or her comment. Postal delivery in Washington, DC, may be delayed due to security concerns. Therefore, the Department encourages the public to submit comments via the Web site indicated above. Docket: For access to the docket to read background documents or comments received, go to the Federal eRulemaking portal at https:// www.regulations.gov. The Department will also make all the comments it receives available for public inspection during normal business hours at the ETA Office of Policy Development and Research at the above address. If you need assistance to review the comments, the Department will provide you with appropriate aids such as readers or print magnifiers. The Department will make copies of the rule available, upon request, in large print and as an electronic file on a computer disk. The Department will consider providing the proposed rule in other formats upon request. To schedule an appointment to review the comments and/or obtain the VerDate Nov<24>2008 13:29 Apr 15, 2009 Jkt 217001 rule in an alternate format, contact the Office of Policy Development and Research at (202) 693–3700 (VOICE) (this is not a toll-free number) or 1–877– 889–5627 (TTY/TDD). FOR FURTHER INFORMATION CONTACT: William L. Carlson, PhD, Administrator, Office of Foreign Labor Certification, Employment and Training Administration (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Room C–4312, Washington, DC 20210; Telephone (202) 693–3010 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1–800– 877–8339. SUPPLEMENTARY INFORMATION: I. The Need for Extending H–2A Transition Procedures On December 18, 2008, the Department published final regulations revising title 20 of the Code of Federal Regulations (20 CFR), part 655, and title 29 of the Code of Federal Regulations (29 CFR), parts 501, 780, and 788 (the ‘‘H–2A Final Rule’’). See 73 FR 77110, Dec. 18, 2008. The H–2A Final Rule replaced the previous versions of 20 CFR part 655 subparts B and C (2008), and amended parts of 29 CFR part 501 (2008) that, in large part, were published at 52 FR 20507, June 1, 1987. The H–2A Final Rule became effective on January 17, 2009. The H–2A Final Rule significantly changes the H–2A labor certification process. The Final Rule provides for a transition period to enable employers to gradually change their process for recruitment and solicitation of workers, both foreign and domestic, and become accustomed to the filing procedures delineated in the new regulations. The transition procedures set out an application process enabling employers to file applications with the Department and then to initiate recruitment following the new procedures. Currently, the transition period procedures apply to employers with a date of need for workers prior to July 1, 2009. The Department estimates that on or about April 17, 2009 employers with a date of need of July 1, 2009 or later will begin to use the regular filing procedures and thus commence the process of recruiting prior to filing as outlined in the December 18 Final Regulations. On March 17, 2009, the Department published a Notice of Proposed Suspension of the Final Rule to provide the Department with an opportunity to review and reconsider the new PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 requirements, while minimizing the disruption to the Department, State Workforce Agencies, employers, and workers. The Department further proposed to reinstate the rules that were in place on January 16, 2009, on an interim basis. The period for submitting comments on the Department’s proposal closed on March 27, 2009. The Department received over 800 unique, substantive comments on its proposal and is currently in the process of considering those comments. Because of the time required to carefully consider all the comments on the proposed suspension, the Department will not be able to complete its analysis of the comments before employers with dates of need beginning July 2, 2009 are expected to commence the process of pre-filing recruitment on April 17, 2009, in accordance with the Final Rule. The full implementation schedule of the regulation requires employers with a date of need for workers on or after July 1, 2009, to engage in full recruitment prior to filing an application for H–2A certification. The regulation calls for such pre-filing recruitment to take place at least 75 days prior to the date of need for workers. Seventy-five days from a date of need of July 1, 2009—the first date anyone with a date of need of July 1, 2009, would actually need to begin pre-filing recruitment—is April 17, 2009. Accordingly, the Department has determined that an extension of the period in which the transition procedures are available is necessary. This is required for the following reasons. First, absent an extension of the transition procedures, the Department will be unable to designate traditional and expected labor supply States in which positive recruitment must take place, as required by statute. Under the Final Rule, employers must engage in positive recruitment consistent with Section 218(b)(4) of the Immigration and Nationality Act (INA). In particular, the regulation at 655.102(i) requires employers to engage in positive recruitment in traditional or expected labor supply States in which there are a significant number of qualified domestic workers who would be willing and available for work in those States. Under the transition procedures, employers are provided that information as part of their post-filing recruitment instructions. However, employers with dates of need after July 1, 2009 would be subject to the pre-filing recruitment model of the Final Rule and would no longer have access to that information when conducting recruitment. Rather, the Final Rule requires the Department E:\FR\FM\16APR1.SGM 16APR1 tjames on PRODPC75 with RULES Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations to first solicit information from a broad range of sources and then publish an annual determination for each State, of the States where the sources of traditional or expected labor supply would be (the ‘‘Secretary’s Annual Determination’’). 20 CFR 655.102(i), 73 FR 77215, Dec. 18, 2008. However, that information would have to be solicited through a notice in the Federal Register at least 120 days before the announcement of the Secretary’s Annual Determination, allowing the public to provide the Department with information to assist the Secretary in making her determination. Id. In order for the first Annual Determination to have been timely, the Department would have had to publish the solicitation before the Final Rule’s effective date, effectively implementing a provision of the Final Rule before the rule itself. Accordingly, the Department is evaluating how best to implement this provision. Second, without an extension of the transition period, the Department would not be able to meet its statutory obligation under Section 218(b)(4) of the INA to designate traditional or expected labor supply States in which there are a significant number of qualified domestic workers who would be willing and available for work in those States. The absence of such a designation would create a gap in the recruitment process since employers would effectively be excused from engaging in recruitment in such States. The nation’s current unemployment rate of 8.5%— the worst that it has been in nearly 25 years—makes it even more compelling for the Department to designate, and employers to conduct recruitment in, traditional or expected labor supply States. Given the current economic conditions, it would be contrary to the public interest and detrimental to the nation’s economic well-being to deprive U.S. workers of the opportunity to apply for jobs that they would be willing and available to perform. Additionally, extending the transition period merely continues the longstanding practice of positive multi-state recruitment by employers. Accordingly, an extension of the transition period, with direct notice to employers of their expected recruitment in States of traditional or expected labor supply (and a suitable time frame for its execution), is necessary. Because it would be impossible to solicit such information and issue the Determination in time for employers with start dates of July 1, 2009, the Department believes it is appropriate to extend the transition period procedures in 20 CFR 655.100(b)(2) to all employers VerDate Nov<24>2008 13:29 Apr 15, 2009 Jkt 217001 filing H–2A applications with the Department that have a date of need prior to January 1, 2010. This will extend the transition procedures fully until mid-October, 2009, at which time employers will begin to initiate recruitment under the full final regulatory procedures, absent any further Department action. Employers requiring H–2A temporary agricultural workers to start work before January 1, 2010, will file Applications for Temporary Employment Certification in accordance with the transition period procedures in 20 CFR 655.100(b)(2). II. Administrative Information A. Executive Order 12866—Regulatory Planning and Review Under Executive Order (E.O.) 12866, the Department must determine whether a regulatory action is ‘‘significant’’ and therefore subject to the requirements of the E.O. and subject to review by the Office of Management and Budget (OMB). Section 3(f) of the E.O. defines a ‘‘significant regulatory action’’ as an action that is likely to result in a rule (1) having an annual effect on the economy of $100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities (also referred to as ‘‘economically significant’’); (2) creating serious inconsistency or otherwise interfering with an action taken or planned by another agency; (3) materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raising novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the E.O. The Department has determined that this Interim Final Rule is not an ‘‘economically significant regulatory action’’ under Section 3(f)(1) of E.O.12866. The procedures for extending the time during which employers seeking H–2A workers will file pursuant to the transition procedures will not have an economic impact of $100 million or more. The regulation will not adversely affect the economy or any sector thereof, productivity, competition, jobs, the environment, nor public health or safety in a material way. The Department has also determined that this Interim Final Rule is a ‘‘significant regulatory action’’ under Section 3(f)(4) of the E.O., and accordingly OMB has reviewed this Interim Final Rule. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 17599 Summary of Impacts The change in this Interim Final Rule is expected to have little net direct cost impact on employers, above and beyond the baseline of the current costs required by the program as it is currently implemented. Employer costs for newspaper advertising for the conduct of positive recruitment in traditional or expected labor supply states will not increase as a result of this Interim Final Rule. B. Regulatory Flexibility Analysis When an agency issues a rulemaking proposal, the Regulatory Flexibility Act (RFA) requires that a regulatory flexibility analysis be prepared and made available for public comment. The RFA must describe the impact of the rule on small entities. See 5 U.S.C. 603(a). Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have significant economic impact on a substantial number of small entities. The Deputy Assistant Secretary of ETA has notified the Chief Counsel for Advocacy, Small Business Administration (SBA), and certifies under the RFA at 5 U.S.C. 605(b), that this rule will not have a significant economic impact on a substantial number of small entities. The rule does not substantively change existing obligations for employers who choose to participate in the H–2A temporary agricultural worker program. The factual basis for such a certification is that even though this rule can and does affect small entities, there are not a substantial number of small entities that will be affected, nor is there a significant economic impact upon those small entities that are affected. Of the total 2,089,790 farms in the United States, 98 percent have sales of less than $750,000 per year and fall within SBA’s definition of small entities. In FY 2007, however, only 7,725 employers filed requests for only 80,294 workers. That represents fewer than 1 percent of all farms in the United States. Even if all of the 7,725 employers who filed applications under H–2A in FY2007 were small entities, that is still a relatively small number of employers affected, and this is expected to have little net direct cost impact on employers, above and beyond the baseline of the current costs required by the program as it is currently implemented. C. Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act (UMRA) of 1995 E:\FR\FM\16APR1.SGM 16APR1 17600 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations (2 U.S.C. 1501 et seq.) directs agencies to assess the effects of a Federal regulatory action on State, local, and tribal governments, and the private sector to determine whether the regulatory action imposes a Federal mandate. A Federal mandate is defined in the Act at 2 U.S.C. 658(5)–(7) to include any provision in a regulation that imposes an enforceable duty upon State, local, or tribal governments, or imposes a duty upon the private sector which is not voluntary. Further, each agency is required to provide a process where State, local, and tribal governments may comment on the regulation as it develops, which further promotes coordination between the Federal and the State, local, and tribal governments. This Interim Final Rule imposes no enforceable duty upon State, local or tribal governments, nor does it impose a duty upon the private sector that is not voluntary. In fact, the Interim Final Rule imposes no duties whatsoever upon State, local or tribal governments. The duties imposed are completely upon the Federal government—the Chicago National Processing Center of the Office of Foreign Labor Certification—and on the employers who will continue to recruit, but by personalized instruction rather than through compliance with a Notice in the Federal Register. tjames on PRODPC75 with RULES D. Executive Order 13132—Federalism Executive Order 13132 addresses the Federalism impact of an agency’s regulations on the States’ authority. Under E.O. 13132, Federal agencies are required to consult with States prior to and during the implementation of national policies that have a direct effect on the States, the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. Further, an agency is permitted to limit a State’s discretion when it has statutory authority and the regulation is a national activity that addresses a problem of national significance. This Interim Final Rule has no direct effect on the States, the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. The continuation of a procedure by which employers comply with a statutory recruitment requirement has no direct impact on the States. E. Executive Order 13175—Indian Tribal Governments Executive Order 13175 requires Federal agencies to develop policies in VerDate Nov<24>2008 13:29 Apr 15, 2009 Jkt 217001 consultation with tribal officials when those policies have tribal implications. This Interim Final Rule regulates the H– 2A visa program and does not have tribal implications. Therefore, the Department has determined that this E.O. does not apply to this rulemaking. F. Assessment of Federal Regulations and Policies on Families Section 654 of the Treasury and General Government Appropriations Act of 1999 (5 U.S.C. 601 note) requires agencies to assess the impact of Federal regulations and policies on families. The assessment must address whether the regulation strengthens or erodes the stability, integrity, autonomy, or safety of the family. This Interim Final Rule does not have an impact on the autonomy or integrity of the family as an institution, as it is described under this provision. The Department has determined that there are no costs associated with the Interim Final Rule; even if there were, however, they are not of a magnitude to adversely affect family well-being. G. Executive Order 12630—Protected Property Rights Executive Order 12630, Governmental Actions and the Interference with Constitutionally Protected Property Rights, prevents the Federal government from taking private property for public use without compensation. It further institutes an affirmative obligation that agencies evaluate all policies and regulations to ensure there is no impact on constitutionally protected property rights. Such policies include rules and regulations that propose or implement licensing, permitting, or other condition requirements or limitations on private property use, or that require dedications or exactions from owners of private property. The Department has determined this rule does not have takings implications. H. Executive Order 12988—Civil Justice Reform Section 3 of E.O. 12988, Civil Justice Reform, requires Federal agencies to draft regulations in a manner that will reduce needless litigation and will not unduly burden the Federal court system. Therefore, agencies are required to review regulations for drafting errors and ambiguity; to minimize litigation; ensure that it provides a clear legal standard for affected conduct rather than a general standard; and promote simplification and burden reduction. This Interim Final Rule has been drafted in clear language and with detailed provisions that aim to minimize litigation. The purpose of this PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 rule is to continue the transition procedures to enable employers to continue to comply with their statutory recruitment requirements. Therefore, the Department has determined that the regulation meets the applicable standards set forth in Section 3 of E.O. 12988. Plain Language Every Federal agency is required to draft regulations that are written in plain language to better inform the public about policies. The Department has assessed this Interim Final Rule under the plain language requirements and determined that it follows the government’s standards requiring documents to be accessible and understandable to the public. I. Executive Order 13211—Energy Supply This Interim Final Rule is not subject to E.O. 13211, which assesses whether a regulation is likely to have a significant adverse effect on the supply, distribution, or use of energy. Accordingly, the Department has determined that this rule does not represent a significant energy action and does not warrant a Statement of Energy Effects. J. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR part 1320) requires that the Office of Management and Budget (OMB) approve all collections of information by a Federal agency from the public before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. Information collections in this Interim Final Rule have been previously approved under OMB No. 1205–0466. No change in that collection is proposed by this Interim Final Rule. K. Good Cause Exception For reasons identified in the preamble, the Department finds good cause to adopt this Interim Final Rule, effective immediately, and without prior notice and comment. See 5 U.S.C. 553(b)(3) and 553(d)(3). DOL has determined that it would be impracticable, unnecessary, and contrary to the public interest to delay the effective date of this rule. The reasons for extending the transition period, discussed above, lead the Department to believe that immediate action must be taken to ensure that the Department and employers are able to meet their statutory obligations and to prevent confusion, ensure program E:\FR\FM\16APR1.SGM 16APR1 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations integrity, and maximize the availability of job opportunities for the U.S. workforce during a time of economic crisis. As such, a delay in promulgation of this rule past the date of publication would confuse and potentially disrupt the program to the detriment of the public interest. List of Subjects in 20 CFR Part 655 Administrative practice and procedure, Foreign workers, Employment, Employment and training, Enforcement, Forest and forest products, Fraud, Health professions, Immigration, Labor, Passports and visas, Penalties, Reporting and recordkeeping requirements, Unemployment, Wages, Working conditions. ■ For the reasons stated in the preamble, the Department amends 20 CFR part 655 as follows: PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES § 655.100 Overview of subpart B and definition of terms. * * * * * (b) * * * (1) Compliance with these regulations. Employers with a date of need for H–2A workers for temporary or seasonal agricultural services on or after January 1, 2010 must comply with all of the obligations and assurances required in this subpart. (2) Transition from former regulations. Employers with a date of need for H–2A workers for temporary or seasonal agricultural services prior to January 1, 2010 will file applications in the following manner: * * * * * Signed in Washington, DC, this 14th day of April 2009. Douglas F. Small, Deputy Assistant Secretary, Employment and Training Administration. [FR Doc. E9–8815 Filed 4–15–09; 8:45 am] BILLING CODE 4510–FP–P 1. The authority citation for part 655 continues to read as follows: tjames on PRODPC75 with RULES ■ Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1), Public Law 101–238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note); sec. 221(a), Public Law 101–649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Public Law 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Public Law 103–206, 107 Stat. 2428; sec. 412(e), Public Law 105–277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d), Public Law 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Public Law 109–423, 120 Stat. 2900; and 8 CFR 214.2(h)(4)(i). Section 655.00 issued under 8 U.S.C. 1101(a)(15)(H)(ii), 1184(c), and 1188; and 8 CFR 214.2(h). Subparts A and C issued under 8 CFR 214.2(h). Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 CFR 214.2(h). Subparts D and E authority repealed. Subparts F and G issued under 8 U.S.C. 1288(c) and (d); and sec. 323(c), Public Law 103–206, 107 Stat. 2428. Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Public Law 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), Public Law 105–277, 112 Stat. 2681; and 8 CFR 214.2(h). Subparts J and K authority repealed. Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Pub. L. 109–423, 120 Stat. 2900; and 8 CFR 214.2(h). 2. Amend § 655.100 by revising paragraph (b)(1) and the introductory text of paragraph (b)(2) to read as follows: ■ VerDate Nov<24>2008 13:29 Apr 15, 2009 Jkt 217001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2009–0154] RIN 1625–AA00 Safety Zone; Sea World Spring Nights; Mission Bay, San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a safety zone, on the navigable waters of Mission Bay in support of the Sea World Spring Nights. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. DATES: This rule is effective from 8:30 p.m. on April 4, 2009 through 9:30 p.m. on April 19, 2009. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2009– 0154 and are available online by going to https://www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG–2009–0154 in the Docket ID box, pressing Enter, and then clicking on the PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 17601 item in the Docket ID column. They are also available for inspection or copying two locations: the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101–1064 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call Petty Officer Shane Jackson, Waterways Management, U.S. Coast Guard Sector San Diego, CA at telephone (619) 278–7262. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because immediate action is necessary to ensure the safety of commercial and recreational vessels in the vicinity of the fireworks display on the dates and times this rule will be in effect and delay would be contrary to the public interests since immediate action is needed to ensure the public’s safety. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay in the effective date of this rule would expose mariners to the dangers posed by the pyrotechnics used in the fireworks display. Background and Purpose Sea World is sponsoring the Sea World Spring Nights, which will include a fireworks presentation from a barge in Mission Bay. The safety zone will be a 600 foot radius around the E:\FR\FM\16APR1.SGM 16APR1

Agencies

[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Rules and Regulations]
[Pages 17597-17601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8815]

=======================================================================
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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB55

Temporary Agricultural Employment of H-2A Aliens in the United
States

AGENCY: Employment and Training Administration, Labor.

ACTION: Interim Final Rule.

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SUMMARY: The Department of Labor (``Department'' or ``DOL'') is
amending its regulations to extend the transition period of the
application filing procedures currently in effect for all H-2A
employers with a date of need on or before July 1, 2009, as established
in the H-2A Final Rule published on December 18, 2008 and in effect as
of January 17, 2009. The transition period is extended to include all
employers with a date of need on or before January 1, 2010.

DATES: This Interim Final Rule is effective April 16, 2009. The grounds
for making the rule effective upon publication in the Federal Register
are set forth in SUPPLEMENTARY INFORMATION below. Interested persons
are invited to submit written comments on the Interim Final Rule on or
before May 18, 2009.

ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB55, by any one of the following
methods:
Federal e-Rulemaking Portal: https://www.regulations.gov: Follow the
Web site instructions for submitting comments.

[[Page 17598]]

Mail: Please submit all written comments (including disk and CD-ROM
submissions) to Thomas Dowd, Administrator, Office of Policy
Development and Research, Employment and Training Administration, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5641,
Washington, DC 20210.
Hand Delivery/Courier: Please submit all comments to Thomas Dowd,
Administrator, Office of Policy Development and Research, Employment
and Training Administration, U.S. Department of Labor, 200 Constitution
Avenue, NW., Room N-5641, Washington, DC 20210.
Please submit your comments by only one method. The Department will
post all comments received on https://www.regulations.gov without making
any change to the comments, including any personal information
provided. The https://www.regulations.gov Web site is the Federal e-
Rulemaking portal and all comments posted there are available and
accessible to the public. The Department cautions commenters not to
include their personal information such as Social Security numbers,
personal addresses, telephone numbers, and e-mail addresses in their
comments as such submitted information will become viewable by the
public via the https://www.regulations.gov Web site. It is the
responsibility of the commenter to safeguard his or her information.
Comments submitted through https://www.regulations.gov will not include
the commenter's e-mail address unless the commenter chooses to include
that information as part of his or her comment. Postal delivery in
Washington, DC, may be delayed due to security concerns. Therefore, the
Department encourages the public to submit comments via the Web site
indicated above.
Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking portal at https://www.regulations.gov. The Department will also make all the comments it
receives available for public inspection during normal business hours
at the ETA Office of Policy Development and Research at the above
address. If you need assistance to review the comments, the Department
will provide you with appropriate aids such as readers or print
magnifiers. The Department will make copies of the rule available, upon
request, in large print and as an electronic file on a computer disk.
The Department will consider providing the proposed rule in other
formats upon request. To schedule an appointment to review the comments
and/or obtain the rule in an alternate format, contact the Office of
Policy Development and Research at (202) 693-3700 (VOICE) (this is not
a toll-free number) or 1-877-889-5627 (TTY/TDD).

FOR FURTHER INFORMATION CONTACT: William L. Carlson, PhD,
Administrator, Office of Foreign Labor Certification, Employment and
Training Administration (ETA), U.S. Department of Labor, 200
Constitution Avenue, NW., Room C-4312, Washington, DC 20210; Telephone
(202) 693-3010 (this is not a toll-free number). Individuals with
hearing or speech impairments may access the telephone number above via
TTY by calling the toll-free Federal Information Relay Service at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

I. The Need for Extending H-2A Transition Procedures

On December 18, 2008, the Department published final regulations
revising title 20 of the Code of Federal Regulations (20 CFR), part
655, and title 29 of the Code of Federal Regulations (29 CFR), parts
501, 780, and 788 (the ``H-2A Final Rule''). See 73 FR 77110, Dec. 18,
2008. The H-2A Final Rule replaced the previous versions of 20 CFR part
655 subparts B and C (2008), and amended parts of 29 CFR part 501
(2008) that, in large part, were published at 52 FR 20507, June 1,
1987. The H-2A Final Rule became effective on January 17, 2009.
The H-2A Final Rule significantly changes the H-2A labor
certification process. The Final Rule provides for a transition period
to enable employers to gradually change their process for recruitment
and solicitation of workers, both foreign and domestic, and become
accustomed to the filing procedures delineated in the new regulations.
The transition procedures set out an application process enabling
employers to file applications with the Department and then to initiate
recruitment following the new procedures. Currently, the transition
period procedures apply to employers with a date of need for workers
prior to July 1, 2009. The Department estimates that on or about April
17, 2009 employers with a date of need of July 1, 2009 or later will
begin to use the regular filing procedures and thus commence the
process of recruiting prior to filing as outlined in the December 18
Final Regulations.
On March 17, 2009, the Department published a Notice of Proposed
Suspension of the Final Rule to provide the Department with an
opportunity to review and reconsider the new requirements, while
minimizing the disruption to the Department, State Workforce Agencies,
employers, and workers. The Department further proposed to reinstate
the rules that were in place on January 16, 2009, on an interim basis.
The period for submitting comments on the Department's proposal closed
on March 27, 2009. The Department received over 800 unique, substantive
comments on its proposal and is currently in the process of considering
those comments. Because of the time required to carefully consider all
the comments on the proposed suspension, the Department will not be
able to complete its analysis of the comments before employers with
dates of need beginning July 2, 2009 are expected to commence the
process of pre-filing recruitment on April 17, 2009, in accordance with
the Final Rule. The full implementation schedule of the regulation
requires employers with a date of need for workers on or after July 1,
2009, to engage in full recruitment prior to filing an application for
H-2A certification. The regulation calls for such pre-filing
recruitment to take place at least 75 days prior to the date of need
for workers. Seventy-five days from a date of need of July 1, 2009--the
first date anyone with a date of need of July 1, 2009, would actually
need to begin pre-filing recruitment--is April 17, 2009.
Accordingly, the Department has determined that an extension of the
period in which the transition procedures are available is necessary.
This is required for the following reasons. First, absent an extension
of the transition procedures, the Department will be unable to
designate traditional and expected labor supply States in which
positive recruitment must take place, as required by statute. Under the
Final Rule, employers must engage in positive recruitment consistent
with Section 218(b)(4) of the Immigration and Nationality Act (INA). In
particular, the regulation at 655.102(i) requires employers to engage
in positive recruitment in traditional or expected labor supply States
in which there are a significant number of qualified domestic workers
who would be willing and available for work in those States. Under the
transition procedures, employers are provided that information as part
of their post-filing recruitment instructions. However, employers with
dates of need after July 1, 2009 would be subject to the pre-filing
recruitment model of the Final Rule and would no longer have access to
that information when conducting recruitment. Rather, the Final Rule
requires the Department

[[Page 17599]]

to first solicit information from a broad range of sources and then
publish an annual determination for each State, of the States where the
sources of traditional or expected labor supply would be (the
``Secretary's Annual Determination''). 20 CFR 655.102(i), 73 FR 77215,
Dec. 18, 2008. However, that information would have to be solicited
through a notice in the Federal Register at least 120 days before the
announcement of the Secretary's Annual Determination, allowing the
public to provide the Department with information to assist the
Secretary in making her determination. Id. In order for the first
Annual Determination to have been timely, the Department would have had
to publish the solicitation before the Final Rule's effective date,
effectively implementing a provision of the Final Rule before the rule
itself. Accordingly, the Department is evaluating how best to implement
this provision.
Second, without an extension of the transition period, the
Department would not be able to meet its statutory obligation under
Section 218(b)(4) of the INA to designate traditional or expected labor
supply States in which there are a significant number of qualified
domestic workers who would be willing and available for work in those
States. The absence of such a designation would create a gap in the
recruitment process since employers would effectively be excused from
engaging in recruitment in such States. The nation's current
unemployment rate of 8.5%--the worst that it has been in nearly 25
years--makes it even more compelling for the Department to designate,
and employers to conduct recruitment in, traditional or expected labor
supply States. Given the current economic conditions, it would be
contrary to the public interest and detrimental to the nation's
economic well-being to deprive U.S. workers of the opportunity to apply
for jobs that they would be willing and available to perform.
Additionally, extending the transition period merely continues the
longstanding practice of positive multi-state recruitment by employers.
Accordingly, an extension of the transition period, with direct notice
to employers of their expected recruitment in States of traditional or
expected labor supply (and a suitable time frame for its execution), is
necessary.
Because it would be impossible to solicit such information and
issue the Determination in time for employers with start dates of July
1, 2009, the Department believes it is appropriate to extend the
transition period procedures in 20 CFR 655.100(b)(2) to all employers
filing H-2A applications with the Department that have a date of need
prior to January 1, 2010. This will extend the transition procedures
fully until mid-October, 2009, at which time employers will begin to
initiate recruitment under the full final regulatory procedures, absent
any further Department action. Employers requiring H-2A temporary
agricultural workers to start work before January 1, 2010, will file
Applications for Temporary Employment Certification in accordance with
the transition period procedures in 20 CFR 655.100(b)(2).

II. Administrative Information

A. Executive Order 12866--Regulatory Planning and Review

Under Executive Order (E.O.) 12866, the Department must determine
whether a regulatory action is ``significant'' and therefore subject to
the requirements of the E.O. and subject to review by the Office of
Management and Budget (OMB). Section 3(f) of the E.O. defines a
``significant regulatory action'' as an action that is likely to result
in a rule (1) having an annual effect on the economy of $100 million or
more, or adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or tribal governments or communities (also
referred to as ``economically significant''); (2) creating serious
inconsistency or otherwise interfering with an action taken or planned
by another agency; (3) materially altering the budgetary impacts of
entitlement grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raising novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the E.O.
The Department has determined that this Interim Final Rule is not
an ``economically significant regulatory action'' under Section 3(f)(1)
of E.O.12866. The procedures for extending the time during which
employers seeking H-2A workers will file pursuant to the transition
procedures will not have an economic impact of $100 million or more.
The regulation will not adversely affect the economy or any sector
thereof, productivity, competition, jobs, the environment, nor public
health or safety in a material way. The Department has also determined
that this Interim Final Rule is a ``significant regulatory action''
under Section 3(f)(4) of the E.O., and accordingly OMB has reviewed
this Interim Final Rule.
Summary of Impacts
The change in this Interim Final Rule is expected to have little
net direct cost impact on employers, above and beyond the baseline of
the current costs required by the program as it is currently
implemented. Employer costs for newspaper advertising for the conduct
of positive recruitment in traditional or expected labor supply states
will not increase as a result of this Interim Final Rule.

B. Regulatory Flexibility Analysis

When an agency issues a rulemaking proposal, the Regulatory
Flexibility Act (RFA) requires that a regulatory flexibility analysis
be prepared and made available for public comment. The RFA must
describe the impact of the rule on small entities. See 5 U.S.C. 603(a).
Section 605 of the RFA allows an agency to certify a rule, in lieu of
preparing an analysis, if the rulemaking is not expected to have
significant economic impact on a substantial number of small entities.
The Deputy Assistant Secretary of ETA has notified the Chief Counsel
for Advocacy, Small Business Administration (SBA), and certifies under
the RFA at 5 U.S.C. 605(b), that this rule will not have a significant
economic impact on a substantial number of small entities. The rule
does not substantively change existing obligations for employers who
choose to participate in the H-2A temporary agricultural worker
program.
The factual basis for such a certification is that even though this
rule can and does affect small entities, there are not a substantial
number of small entities that will be affected, nor is there a
significant economic impact upon those small entities that are
affected. Of the total 2,089,790 farms in the United States, 98 percent
have sales of less than $750,000 per year and fall within SBA's
definition of small entities. In FY 2007, however, only 7,725 employers
filed requests for only 80,294 workers. That represents fewer than 1
percent of all farms in the United States. Even if all of the 7,725
employers who filed applications under H-2A in FY2007 were small
entities, that is still a relatively small number of employers
affected, and this is expected to have little net direct cost impact on
employers, above and beyond the baseline of the current costs required
by the program as it is currently implemented.

C. Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act (UMRA) of 1995

[[Page 17600]]

(2 U.S.C. 1501 et seq.) directs agencies to assess the effects of a
Federal regulatory action on State, local, and tribal governments, and
the private sector to determine whether the regulatory action imposes a
Federal mandate. A Federal mandate is defined in the Act at 2 U.S.C.
658(5)-(7) to include any provision in a regulation that imposes an
enforceable duty upon State, local, or tribal governments, or imposes a
duty upon the private sector which is not voluntary. Further, each
agency is required to provide a process where State, local, and tribal
governments may comment on the regulation as it develops, which further
promotes coordination between the Federal and the State, local, and
tribal governments.
This Interim Final Rule imposes no enforceable duty upon State,
local or tribal governments, nor does it impose a duty upon the private
sector that is not voluntary. In fact, the Interim Final Rule imposes
no duties whatsoever upon State, local or tribal governments. The
duties imposed are completely upon the Federal government--the Chicago
National Processing Center of the Office of Foreign Labor
Certification--and on the employers who will continue to recruit, but
by personalized instruction rather than through compliance with a
Notice in the Federal Register.

D. Executive Order 13132--Federalism

Executive Order 13132 addresses the Federalism impact of an
agency's regulations on the States' authority. Under E.O. 13132,
Federal agencies are required to consult with States prior to and
during the implementation of national policies that have a direct
effect on the States, the relationship between the Federal government
and the States, or on the distribution of power and responsibilities
among the various levels of government. Further, an agency is permitted
to limit a State's discretion when it has statutory authority and the
regulation is a national activity that addresses a problem of national
significance.
This Interim Final Rule has no direct effect on the States, the
relationship between the Federal government and the States, or on the
distribution of power and responsibilities among the various levels of
government. The continuation of a procedure by which employers comply
with a statutory recruitment requirement has no direct impact on the
States.

E. Executive Order 13175--Indian Tribal Governments

Executive Order 13175 requires Federal agencies to develop policies
in consultation with tribal officials when those policies have tribal
implications. This Interim Final Rule regulates the H-2A visa program
and does not have tribal implications. Therefore, the Department has
determined that this E.O. does not apply to this rulemaking.

F. Assessment of Federal Regulations and Policies on Families

Section 654 of the Treasury and General Government Appropriations
Act of 1999 (5 U.S.C. 601 note) requires agencies to assess the impact
of Federal regulations and policies on families. The assessment must
address whether the regulation strengthens or erodes the stability,
integrity, autonomy, or safety of the family.
This Interim Final Rule does not have an impact on the autonomy or
integrity of the family as an institution, as it is described under
this provision. The Department has determined that there are no costs
associated with the Interim Final Rule; even if there were, however,
they are not of a magnitude to adversely affect family well-being.

G. Executive Order 12630--Protected Property Rights

Executive Order 12630, Governmental Actions and the Interference
with Constitutionally Protected Property Rights, prevents the Federal
government from taking private property for public use without
compensation. It further institutes an affirmative obligation that
agencies evaluate all policies and regulations to ensure there is no
impact on constitutionally protected property rights. Such policies
include rules and regulations that propose or implement licensing,
permitting, or other condition requirements or limitations on private
property use, or that require dedications or exactions from owners of
private property. The Department has determined this rule does not have
takings implications.

H. Executive Order 12988--Civil Justice Reform

Section 3 of E.O. 12988, Civil Justice Reform, requires Federal
agencies to draft regulations in a manner that will reduce needless
litigation and will not unduly burden the Federal court system.
Therefore, agencies are required to review regulations for drafting
errors and ambiguity; to minimize litigation; ensure that it provides a
clear legal standard for affected conduct rather than a general
standard; and promote simplification and burden reduction.
This Interim Final Rule has been drafted in clear language and with
detailed provisions that aim to minimize litigation. The purpose of
this rule is to continue the transition procedures to enable employers
to continue to comply with their statutory recruitment requirements.
Therefore, the Department has determined that the regulation meets the
applicable standards set forth in Section 3 of E.O. 12988.
Plain Language
Every Federal agency is required to draft regulations that are
written in plain language to better inform the public about policies.
The Department has assessed this Interim Final Rule under the plain
language requirements and determined that it follows the government's
standards requiring documents to be accessible and understandable to
the public.

I. Executive Order 13211--Energy Supply

This Interim Final Rule is not subject to E.O. 13211, which
assesses whether a regulation is likely to have a significant adverse
effect on the supply, distribution, or use of energy. Accordingly, the
Department has determined that this rule does not represent a
significant energy action and does not warrant a Statement of Energy
Effects.

J. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR
part 1320) requires that the Office of Management and Budget (OMB)
approve all collections of information by a Federal agency from the
public before they can be implemented. Respondents are not required to
respond to any collection of information unless it displays a current
valid OMB control number. Information collections in this Interim Final
Rule have been previously approved under OMB No. 1205-0466. No change
in that collection is proposed by this Interim Final Rule.

K. Good Cause Exception

For reasons identified in the preamble, the Department finds good
cause to adopt this Interim Final Rule, effective immediately, and
without prior notice and comment. See 5 U.S.C. 553(b)(3) and 553(d)(3).
DOL has determined that it would be impracticable, unnecessary, and
contrary to the public interest to delay the effective date of this
rule. The reasons for extending the transition period, discussed above,
lead the Department to believe that immediate action must be taken to
ensure that the Department and employers are able to meet their
statutory obligations and to prevent confusion, ensure program

[[Page 17601]]

integrity, and maximize the availability of job opportunities for the
U.S. workforce during a time of economic crisis. As such, a delay in
promulgation of this rule past the date of publication would confuse
and potentially disrupt the program to the detriment of the public
interest.

List of Subjects in 20 CFR Part 655

Administrative practice and procedure, Foreign workers, Employment,
Employment and training, Enforcement, Forest and forest products,
Fraud, Health professions, Immigration, Labor, Passports and visas,
Penalties, Reporting and recordkeeping requirements, Unemployment,
Wages, Working conditions.

0
For the reasons stated in the preamble, the Department amends 20 CFR
part 655 as follows:

PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED
STATES

0
1. The authority citation for part 655 continues to read as follows:

Authority: Section 655.0 issued under 8 U.S.C.
1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 1182(m), (n) and
(t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1),
Public Law 101-238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note); sec.
221(a), Public Law 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184
note); sec. 303(a)(8), Public Law 102-232, 105 Stat. 1733, 1748 (8
U.S.C. 1101 note); sec. 323(c), Public Law 103-206, 107 Stat. 2428;
sec. 412(e), Public Law 105-277, 112 Stat. 2681 (8 U.S.C. 1182
note); sec. 2(d), Public Law 106-95, 113 Stat. 1312, 1316 (8 U.S.C.
1182 note); Public Law 109-423, 120 Stat. 2900; and 8 CFR
214.2(h)(4)(i).
Section 655.00 issued under 8 U.S.C. 1101(a)(15)(H)(ii),
1184(c), and 1188; and 8 CFR 214.2(h).
Subparts A and C issued under 8 CFR 214.2(h).
Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c),
and 1188; and 8 CFR 214.2(h).
Subparts D and E authority repealed.
Subparts F and G issued under 8 U.S.C. 1288(c) and (d); and sec.
323(c), Public Law 103-206, 107 Stat. 2428.
Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and
(b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Public
Law 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e),
Public Law 105-277, 112 Stat. 2681; and 8 CFR 214.2(h).
Subparts J and K authority repealed.
Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and
1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C.
1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).

0
2. Amend Sec. 655.100 by revising paragraph (b)(1) and the
introductory text of paragraph (b)(2) to read as follows:

Sec. 655.100 Overview of subpart B and definition of terms.

* * * * *
(b) * * *
(1) Compliance with these regulations. Employers with a date of
need for H-2A workers for temporary or seasonal agricultural services
on or after January 1, 2010 must comply with all of the obligations and
assurances required in this subpart.
(2) Transition from former regulations. Employers with a date of
need for H-2A workers for temporary or seasonal agricultural services
prior to January 1, 2010 will file applications in the following
manner:
* * * * *

Signed in Washington, DC, this 14th day of April 2009.
Douglas F. Small,
Deputy Assistant Secretary, Employment and Training Administration.
[FR Doc. E9-8815 Filed 4-15-09; 8:45 am]
BILLING CODE 4510-FP-P

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