Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Postponement of Effective Date, 59896-59897 [2011-24969]
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59896
Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Rules and Regulations
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BILLING CODE 4910–13–P
The effective date of the rule
amending 20 CFR part 655 published at
76 FR 45667, August 1, 2011 is delayed
until November 30, 2011.
DEPARTMENT OF LABOR
FOR FURTHER INFORMATION CONTACT:
DATES:
[FR Doc. 2011–24718 Filed 9–27–11; 8:45 am]
AGENCY:
William L. Carlson, PhD, Administrator,
Office of Foreign Labor Certification,
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 1–877–
889–5627 (TTY/TDD).
The Department of Labor
(Department) is postponing the effective
date of the Wage Methodology for the
Temporary Non-Agricultural
Employment H–2B Program; Final Rule,
76 FR 3452, Jan. 19, 2011, (the Wage
Rule). The Wage Rule revised the
methodology by which we calculate the
prevailing wages to be paid to H–2B
workers and United States (U.S.)
workers recruited in connection with a
temporary labor certification for use in
petitioning the Department of Homeland
Security to employ a nonimmigrant
worker in H–2B status. The effective
date of the Wage Rule was set at January
1, 2012. However, the Wage
Methodology for the Temporary NonAgricultural Employment H–2B
Program; Amendment of Effective Date;
Final Rule, 76 FR 45667, August 1, 2011
revised the effective date to September
30, 2011. Due to pending legal
challenges, we are postponing the
effective date of the Wage Rule to
November 30, 2011, pursuant to the
Administrative Procedure Act, 5 U.S.C.
705.
The
Department published the Wage Rule on
January 19, 2011, 76 FR 3452. The Wage
Rule revised the methodology by which
we calculate the prevailing wages to be
paid to H–2B workers and United States
(U.S.) workers recruited in connection
with a temporary labor certification for
use in petitioning the Department of
Homeland Security to employ a
nonimmigrant worker in the H–2B
status.
The Department originally set the
effective date of the Wage Rule for
January 1, 2012. On January 24, 2011,
the plaintiffs in CATA v. Solis, Civil No.
2:09–cv–240–LP (E.D. Pa.) filed a
motion in which they argued that the
January 1, 2012 effective date did not
comply with the court’s August 30, 2010
order to promulgate new rules
concerning the calculation of the
prevailing wage rate in the H–2B
program. CATA v. Solis, Dkt. No. 103–
1, Plaintiff’s Motion for an Order
Enforcing the Judgment at 2 (Jan. 24,
2011). On June 16, 2011, the court
issued a ruling that invalidated the
January 1, 2012 effective date of the
Wage Rule and ordered us to announce
a new effective date for the rule within
Employment and Training
Administration
20 CFR Part 655
RIN 1205–AB61
Wage Methodology for the Temporary
Non-Agricultural Employment H–2B
Program; Postponement of Effective
Date
Employment and Training
Administration, Labor.
ACTION: Final rule; delay of effective
date.
emcdonald on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:23 Sep 27, 2011
Jkt 223001
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
45 days from June 16. CATA, 2011 WL
2414555 at *4.
In response to the court’s order, we
issued a Notice of Proposed Rulemaking
(NPRM) on June 28, 2011, which
proposed that the Wage Rule take effect
60 days from the date of publication of
a final rule resulting from the NPRM. 76
FR 37686, June 28, 2011. After a period
of public comment, we published the
Final Rule on August 1, 2011, which set
the new effective date for the Wage Rule
at September 30, 2011, without altering
the substance of the Wage Rule. 76 FR
45667.
On September 7, 2011, the Louisiana
Forestry Association, Inc., and others
filed suit against the Department in the
United States District Court for the
Western District of Louisiana,
Alexandria Division. Louisiana Forestry
Association, Inc., et al (LFA) v. Solis, et
al, Civil Docket No. 11–1623. LFA
claims that the Wage Rule, and the
subsequent rule amending the Wage
Rule’s original effective date, violate the
Takings Clause of the Fifth Amendment
to the United States Constitution, the
Administrative Procedure Act, the
Regulatory Flexibility Act, and the
Immigration and Nationality Act of
1952, as amended. Accordingly, LFA
seeks temporary injunctive relief before
September 30, 2011, and permanent
injunctive relief, barring the Department
from implementing the Wage Rule.
On September 19, 2011, the plaintiffs
in the CATA litigation moved to
intervene in the LFA litigation, and also
moved to transfer venue over the
litigation to the Eastern District of
Pennsylvania, the court in which the
CATA case remains pending. Both
motions in the LFA litigation are
currently pending.
On September 21, 2011, another
group of employers filed a legal
challenge to the Wage Rule in the
United States District Court for the
E:\FR\FM\28SER1.SGM
28SER1
Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Rules and Regulations
Northern District of Florida, Pensacola
Division. Bayou Lawn & Landscape
Services, et al. (Bayou) v. Solis, et al.,
Civil Docket No. 11–445. The Bayou
plaintiffs’ claims are similar to the LFA
plaintiffs’ claims, and they also seek to
preliminarily and permanently enjoin
the Department’s implementation of the
Wage Rule.
The Administrative Procedure Act, at
5 U.S.C. 705, provides that ‘‘[w]hen an
agency finds that justice so requires, it
may postpone the effective date of
action taken by it, pending judicial
review.’’ In consideration of the two
pending challenges to the Wage Rule
and its new effective date, and the
possibility that, in response to the
CATA plaintiffs’ motion, the litigation
will be transferred to another court, the
Department is postponing the effective
date of the rule from September 30,
2011, until November 30, 2011. This
delay will allow the Department to
mount an appropriate defense of the
rule, and will allow for the orderly
resolution of the various claims pending
in two Federal courts. The delay will
permit the various courts involved in
the litigation to determine the
appropriate venue for the resolution of
all claims, and allow the Department to
avoid the possibility of administering
the H–2B program under potentially
conflicting court orders. In the interest
of administering a nationwide program
in a uniform fashion during the pending
litigation, the Department has
determined that, in the interest of
justice, a delay in the effective date is
necessary.
Federal Register on Thursday, August
18, 2011. The temporary regulations
provide guidance on the annual fee
imposed on covered entities engaged in
the business of manufacturing or
importing branded prescription drugs.
This fee was enacted by section 9008 of
the Patient Protection and Affordable
Care Act, as amended by section 1404
of the Health Care and Education
Reconciliation Act of 2010.
DATES: This correction is effective on
September 28, 2011 and applies to any
fee on branded prescription drug sales
that is due on or after September 30,
2011.
FOR FURTHER INFORMATION CONTACT:
Celia Gabrysh, (202) 622–3130 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Need for Correction
Correction of Publication
Accordingly, 26 CFR part 51 is
corrected by making the following
correcting amendments:
PART 51—BRANDED PRESCRIPTION
DRUG FEE
emcdonald on DSK5VPTVN1PROD with RULES
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document contains
corrections to temporary regulations (TD
9544) that were published in the
SUMMARY:
VerDate Mar<15>2010
16:23 Sep 27, 2011
Jkt 223001
Paragraph 1. The authority citation
for part 51 continues to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
Explanation of terms (temporary).
*
Branded Prescription Drug Fee;
Correction
[FR Doc. 2011–24903 Filed 9–27–11; 8:45 am]
BILLING CODE 4830–01–P
Internal Revenue Service
26 CFR Part 51
[TD 9544]
Branded Prescription Drug Fee;
Correction
§ 51.2T
RIN 1545–BK34
LaNita VanDyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
RIN 1545–BK34
Par. 2. Section 51.2T is amended by
revising paragraph (k)(1) to read as
follows:
[TD 9544]
(a) * * *
(2) After the 2011 fee year, the
covered entity’s adjustment amount
calculated as described in § 51.5T(e);
*
*
*
*
*
Drugs, Reporting and recordkeeping
requirements.
■
26 CFR Part 51
§ 51.8T Notification and payment of fee
(temporary).
List of Subjects in 26 CFR Part 51
[FR Doc. 2011–24969 Filed 9–26–11; 4:15 pm]
Internal Revenue Service
Par. 4. Section 51.8T is amended by
revising paragraph (a)(2) to read as
follows.
■
DEPARTMENT OF THE TREASURY
As published August 18, 2001 (76 FR
51245), the tempoary regulations (TD
9544) contains errors that may prove to
be misleading and are in need of
clarification.
■
DEPARTMENT OF THE TREASURY
(2) * * * A form 2848 must be filed
with the error report;
*
*
*
*
*
Background
Signed at Washington, DC, this 22nd day
of September, 2011.
Jane Oates,
Assistant Secretary for Employment and
Training.
BILLING CODE 4510–FP–P
59897
*
*
*
*
(k) Orphan drugs—(1) In general.
Except as provided in paragraph (k)(2)
of this section, the term orphan drug
means any branded prescription drug
for which any person claimed a section
45C credit and that credit was allowed
for any taxable year.
*
*
*
*
*
■ Par. 3. Section 51.7T is amended by
revising the last sentence of paragraph
(c)(2) to read as follows.
§ 51.7T Dispute resolution process
(temporary).
*
*
*
(c) * * *
PO 00000
Frm 00013
*
Fmt 4700
*
Sfmt 4700
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to temporary
regulations.
AGENCY:
This document contains
corrections to temporary regulations
that were published in the Federal
Register on Thursday, August 18, 2011.
The temporary regulations provide
guidance on the annual fee imposed on
covered entities engaged in the business
of manufacturing or importing branded
prescription drugs. This fee was enacted
by section 9008 of the Patient Protection
and Affordable Care Act, as amended by
section 1404 of the Health Care and
Education Reconciliation Act of 2010.
DATES: This correction is effective on
September 28, 2011 and applies to any
fee on branded prescription drug sales
that is due on or after September 30,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Celia Gabrysh, (202) 435–3130 (not a
toll free number).
SUPPLEMENTARY INFORMATION:
Background
Need for Correction
As published August 18, 2011 (76 FR
51245), the temporary regulations (TD
9544) contains errors that may prove to
E:\FR\FM\28SER1.SGM
28SER1
]]>Agencies
[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Rules and Regulations]
[Pages 59896-59897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24969]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB61
Wage Methodology for the Temporary Non-Agricultural Employment H-
2B Program; Postponement of Effective Date
AGENCY: Employment and Training Administration, Labor.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (Department) is postponing the
effective date of the Wage Methodology for the Temporary Non-
Agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19,
2011, (the Wage Rule). The Wage Rule revised the methodology by which
we calculate the prevailing wages to be paid to H-2B workers and United
States (U.S.) workers recruited in connection with a temporary labor
certification for use in petitioning the Department of Homeland
Security to employ a nonimmigrant worker in H-2B status. The effective
date of the Wage Rule was set at January 1, 2012. However, the Wage
Methodology for the Temporary Non-Agricultural Employment H-2B Program;
Amendment of Effective Date; Final Rule, 76 FR 45667, August 1, 2011
revised the effective date to September 30, 2011. Due to pending legal
challenges, we are postponing the effective date of the Wage Rule to
November 30, 2011, pursuant to the Administrative Procedure Act, 5
U.S.C. 705.
DATES: The effective date of the rule amending 20 CFR part 655
published at 76 FR 45667, August 1, 2011 is delayed until November 30,
2011.
FOR FURTHER INFORMATION CONTACT: William L. Carlson, PhD,
Administrator, Office of Foreign Labor Certification, 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 1-877-889-5627 (TTY/TDD).
SUPPLEMENTARY INFORMATION: The Department published the Wage Rule on
January 19, 2011, 76 FR 3452. The Wage Rule revised the methodology by
which we calculate the prevailing wages to be paid to H-2B workers and
United States (U.S.) workers recruited in connection with a temporary
labor certification for use in petitioning the Department of Homeland
Security to employ a nonimmigrant worker in the H-2B status.
The Department originally set the effective date of the Wage Rule
for January 1, 2012. On January 24, 2011, the plaintiffs in CATA v.
Solis, Civil No. 2:09-cv-240-LP (E.D. Pa.) filed a motion in which they
argued that the January 1, 2012 effective date did not comply with the
court's August 30, 2010 order to promulgate new rules concerning the
calculation of the prevailing wage rate in the H-2B program. CATA v.
Solis, Dkt. No. 103-1, Plaintiff's Motion for an Order Enforcing the
Judgment at 2 (Jan. 24, 2011). On June 16, 2011, the court issued a
ruling that invalidated the January 1, 2012 effective date of the Wage
Rule and ordered us to announce a new effective date for the rule
within 45 days from June 16. CATA, 2011 WL 2414555 at *4.
In response to the court's order, we issued a Notice of Proposed
Rulemaking (NPRM) on June 28, 2011, which proposed that the Wage Rule
take effect 60 days from the date of publication of a final rule
resulting from the NPRM. 76 FR 37686, June 28, 2011. After a period of
public comment, we published the Final Rule on August 1, 2011, which
set the new effective date for the Wage Rule at September 30, 2011,
without altering the substance of the Wage Rule. 76 FR 45667.
On September 7, 2011, the Louisiana Forestry Association, Inc., and
others filed suit against the Department in the United States District
Court for the Western District of Louisiana, Alexandria Division.
Louisiana Forestry Association, Inc., et al (LFA) v. Solis, et al,
Civil Docket No. 11-1623. LFA claims that the Wage Rule, and the
subsequent rule amending the Wage Rule's original effective date,
violate the Takings Clause of the Fifth Amendment to the United States
Constitution, the Administrative Procedure Act, the Regulatory
Flexibility Act, and the Immigration and Nationality Act of 1952, as
amended. Accordingly, LFA seeks temporary injunctive relief before
September 30, 2011, and permanent injunctive relief, barring the
Department from implementing the Wage Rule.
On September 19, 2011, the plaintiffs in the CATA litigation moved
to intervene in the LFA litigation, and also moved to transfer venue
over the litigation to the Eastern District of Pennsylvania, the court
in which the CATA case remains pending. Both motions in the LFA
litigation are currently pending.
On September 21, 2011, another group of employers filed a legal
challenge to the Wage Rule in the United States District Court for the
[[Page 59897]]
Northern District of Florida, Pensacola Division. Bayou Lawn &
Landscape Services, et al. (Bayou) v. Solis, et al., Civil Docket No.
11-445. The Bayou plaintiffs' claims are similar to the LFA plaintiffs'
claims, and they also seek to preliminarily and permanently enjoin the
Department's implementation of the Wage Rule.
The Administrative Procedure Act, at 5 U.S.C. 705, provides that
``[w]hen an agency finds that justice so requires, it may postpone the
effective date of action taken by it, pending judicial review.'' In
consideration of the two pending challenges to the Wage Rule and its
new effective date, and the possibility that, in response to the CATA
plaintiffs' motion, the litigation will be transferred to another
court, the Department is postponing the effective date of the rule from
September 30, 2011, until November 30, 2011. This delay will allow the
Department to mount an appropriate defense of the rule, and will allow
for the orderly resolution of the various claims pending in two Federal
courts. The delay will permit the various courts involved in the
litigation to determine the appropriate venue for the resolution of all
claims, and allow the Department to avoid the possibility of
administering the H-2B program under potentially conflicting court
orders. In the interest of administering a nationwide program in a
uniform fashion during the pending litigation, the Department has
determined that, in the interest of justice, a delay in the effective
date is necessary.
Signed at Washington, DC, this 22nd day of September, 2011.
Jane Oates,
Assistant Secretary for Employment and Training.
[FR Doc. 2011-24969 Filed 9-26-11; 4:15 pm]
BILLING CODE 4510-FP-P
