Temporary Non-agricultural Employment of H-2B Aliens in the United States, 28764-28765 [2012-11859]
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Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations
8. Flight attendant duty period
limitations and rest requirements in
§ 121.467(c)
The final rule intended to change this
subsection so that it cross-references
part 117 instead of subparts Q, R, and
S, as the pertinent flight, duty, and rest
provisions have been moved out of
subparts Q, R, and S and into part 117.
However, the regulatory text of the final
rule also inadvertently deleted a number
of other provisions that were in this
subsection. As such, § 121.467(c) has
been corrected so that this subsection
cross-references part 117, but retains its
other provisions. The FAA notes that,
pursuant to § 117.13, an unaugmented
crew of flight attendants who operate
under part 117 would be subject to the
flight duty period limits set out in Table
B.
Accordingly, in the final rule, FR Doc.
2011–33078, published on January 4,
2012 (77 FR 330), make the following
corrections:
Theater means a geographical area in
which the distance between the
flightcrew member’s flight duty period
departure point and arrival point differs
by no more than 60 degrees longitude.
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■ 4. On page 400, in the third column,
in § 117.19, paragraph (b)(4) is corrected
to read as follows:
Effective Date [Corrected]
§ 117.23
1. On page 330, in the first column,
the text of DATES is corrected to read as
follows:
DATES: Effective January 4, 2014.
■ 2. On page 398, in the third column,
in § 117.3, the definition of ‘‘flight duty
period (FDP)’’ is corrected to read as
follows:
*
§ 117.3
§ 117.25
■
Definitions.
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Flight duty period (FDP) means a
period that begins when a flightcrew
member is required to report for duty
with the intention of conducting a
flight, a series of flights, or positioning
or ferrying flights, and ends when the
aircraft is parked after the last flight and
there is no intention for further aircraft
movement by the same flightcrew
member. A flight duty period includes
the duties performed by the flightcrew
member on behalf of the certificate
holder that occur before a flight segment
or between flight segments without a
required intervening rest period.
Examples of tasks that are part of the
flight duty period include deadhead
transportation, training conducted in an
aircraft or flight simulator, and airport/
standby reserve, if the above tasks occur
before a flight segment or between flight
segments without an intervening
required rest period.
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■ 3. On page 399, in the second column,
in § 117.3, the definition of ‘‘theater’’ is
corrected to read as follows:
§ 117.3
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Definitions.
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15:22 May 15, 2012
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§ 117.19
Flight duty period extensions.
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(b) * * *
(4) Each certificate holder must report
to the Administrator within 10 days any
flight duty period that exceeded the
maximum flight duty period limits
permitted by Tables B or C of this part
by more than 30 minutes. The report
must contain a description of the
circumstances surrounding the affected
flight duty period.
■ 5. On page 401, in the first column, in
§ 117.23, paragraph (b)(1) is corrected to
read as follows:
Cumulative limitations.
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*
(b) * * *
(1) 100 hours in any 672 consecutive
hours or
*
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*
■ 6. On page 401, in the first column, in
§ 117.25, paragraph (b) is corrected to
read as follows:
Rest Period.
*
*
*
*
*
(b) Before beginning any reserve or
flight duty period a flightcrew member
must be given at least 30 consecutive
hours free from all duty within the past
168 consecutive hour period.
*
*
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*
■ 7. On the third column of page 401
and the first column of page 402, in
§ 117.29, paragraphs (b) and (g) are
corrected to read as follows:
§ 117.29 Emergency and government
sponsored operations.
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*
(b) The pilot-in-command may
determine that the maximum applicable
flight duty period and/or flight time
must be exceeded to the extent
necessary to allow the flightcrew to fly
to the closest destination where they
can safely be relieved from duty by
another flightcrew or can receive the
requisite amount of rest prior to
commencing their next flight duty
period.
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(g) Each certificate holder must
implement the corrective action(s)
reported pursuant to paragraph (f)(2) of
this section within 30 days from the
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date of the extended flight duty period
and/or the extended flight time.
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■ 8. On page 402, in the second and
third columns, in § 121.467, correctly
revise paragraphs (c) introductory text
and (c)(1) to read as follows:
§ 121.467 Flight attendant duty period
limitations and rest requirements:
Domestic, flag, and supplemental
operations.
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*
*
*
(c) Notwithstanding paragraph (b) of
this section, a certificate holder
conducting domestic, flag, or
supplemental operations may apply the
flightcrew member flight time and duty
limitations and rest requirements of part
117 of this chapter to flight attendants
for all operations conducted under this
part provided that—
(1) The certificate holder establishes
written procedures that—
(i) Apply to all flight attendants used
in the certificate holder’s operation;
(ii) Include the flightcrew member
requirements contained in part 117, as
appropriate to the operation being
conducted, except that rest facilities on
board the aircraft are not required;
(iii) Include provisions to add one
flight attendant to the minimum flight
attendant complement for each
flightcrew member who is in excess of
the minimum number required in the
aircraft type certificate data sheet and
who is assigned to the aircraft under the
provisions of part 117, as applicable, of
this part;
(iv) Are approved by the
Administrator and are described or
referenced in the certificate holder’s
operations specifications; and
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Issued in Washington, DC, on April 30,
2012.
Rebecca MacPherson,
Assistant Chief Counsel for Regulations,
AGC–200.
[FR Doc. 2012–11592 Filed 5–15–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Part 655
RIN 1205–AB58
Temporary Non-agricultural
Employment of H–2B Aliens in the
United States
Employment and Training
Administration, Labor.
AGENCY:
E:\FR\FM\16MYR1.SGM
16MYR1
Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations
ACTION:
Guidance.
The Department of Labor (the
Department) is providing notice of the
judicial order enjoining the Department
from implementing and enforcing the
Temporary Non-agricultural
Employment of H–2B Aliens in the
United States, published February 21,
2012 (the 2012 H–2B Final Rule). The
2012 H–2B Final Rule revised the
requirements by which employers
seeking H–2B workers apply for a
temporary labor certification for use in
petitioning the Department of Homeland
Security (DHS) to employ a
nonimmigrant worker in H–2B status.
The effective date of the 2012 H–2B
Final Rule was April 23, 2012. The
operative date of the 2012 H–2B Final
Rule was April 27, 2012. This document
provides guidance to the regulated
community of the injunction, by judicial
order, of the 2012 H–2B Final Rule and
the continuing effectiveness of the 2008
H–2B Rule until such time as further
judicial or other action suspends or
otherwise nullifies the order in the
Bayou II litigation.
SUMMARY:
This guidance is effective May
16, 2012.
DATES:
For
further information, contact William L.
Carlson, Ph.D., 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 1–800–877–8339.
FOR FURTHER INFORMATION CONTACT:
On
February 21, 2012, the Department
published a Final Rule amending the H–
2B regulations at 20 CFR part 655,
Subpart A. 77 FR 10038, February 21,
2012. On April 23, 2012, the
Department published guidance which
provided that applications filed under
Labor Certification Process and
Enforcement for Temporary
Employment in Occupations Other
Than Agriculture or Registered Nursing
in the United States (H–2B Workers),
and Other Technical Changes, 73 FR
78020, December 19, 2008 (the 2008 H–
2B Rule), must be sent to the Office of
Foreign Labor Certification’s (OFLC’s)
Chicago National Processing Center
(CNPC) and postmarked no later than
midnight April 26, 2012. The guidance
also provided that applications
postmarked on or after April 27, 2012
will be adjudicated in accordance with
pmangrum on DSK3VPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
15:22 May 15, 2012
Jkt 226001
the requirements described in the 2012
H–2B Final Rule.
On April 16, several plaintiffs
challenged the 2012 H–2B Final Rule in
the U.S. District Court for the Northern
District of Florida (Bayou Lawn &
Landscape Services, et al. v. Hilda L.
Solis, et al., 3:12–cv–00183–MCR–CJK),
seeking to preliminarily enjoin the
Department from implementing the rule
on the basis that the Department lacked
authority to issue the 2012 H–2B Final
Rule and that the rule violated both the
Administrative Procedure Act and the
Regulatory Flexibility Act. Bayou Lawn
& Landscape Services, et al. v. Solis,
Case 3:12–cv–00183–MCR–CJK,
Complaint at 5 (Apr. 16, 2012). On April
26, 2012, the U.S. District Court for the
Northern District of Florida issued an
order temporarily enjoining the
Department from implementing or
enforcing the 2012 H–2B Final Rule
pending ‘‘the court’s adjudication of the
plaintiffs’ claims.’’ Bayou Lawn &
Landscape Services et al. v. Solis, Case
3:12–cv–00183–MCR–CJK, Order at 8
(Apr. 26, 2012).
Therefore, employers must file H–2B
labor certification applications under
the 2008 H–2B Rule, using those
procedures and forms associated with
the 2008 H–2B Rule for which the
Department has received an emergency
extension under the Paperwork
Reduction Act. However, please be
aware that this preliminary injunction
necessarily calls into doubt the
underlying authority of the Department
to fulfill its responsibilities under the
Immigration and Nationality Act and
DHS’s regulations to issue the labor
certifications that are a necessary
predicate for the admission of H–2B
workers. OFLC will post additional
filing guidance on its Web site at
https://www.foreignlaborcert.doleta.gov/.
Signed in Washington, DC, this 11th day of
May 2012.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2012–11859 Filed 5–15–12; 8:45 am]
BILLING CODE 4510–FP–P
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28765
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 91 and 576
[Docket No. FR–5474–C–02]
RIN 2506–AC31
Homeless Emergency Assistance and
Rapid Transition to Housing:
Emergency Solutions Grants Program
and Consolidated Plan Conforming
Amendments; Correction
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Interim rule; correction.
The document advises that
the interim rule for the Emergency
Solutions Grants program, published on
December 5, 2011, displayed an
incorrect RIN number. This document
advises of the correct RIN number,
2506–AC31, as displayed in the heading
of this document.
SUMMARY:
This correction is effective May
16, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Camille E. Acevedo, Associate General
Counsel for Legislation and Regulations,
Office of General Counsel, Department
of Housing and Urban Development,
451 7th Street SW., Room 10282,
Washington, DC 20410–0500; telephone
number 202 708–1793 (this is not a tollfree number). Hearing- and speechimpaired persons may access this
number through TTY by calling the
Federal Relay Service at 800–877–8339
(this is a toll-free number).
On
December 5, 2011, at 76 FR 75954, HUD
published its interim rule on the
Emergency Solutions Grants program.
The heading for this rule displayed a
RIN number of 2506–AC29, which was
incorrect. RIN number 2506–AC29 is
already assigned to another HUD rule,
but not yet published, on HUD’s
Continuum of Care program. The correct
RIN number for the Emergency
Solutions Grant interim rule is 2506–
AC31, and this document advises of the
correction.
SUPPLEMENTARY INFORMATION:
Dated: May 10, 2012.
Camille E. Acevedo,
Associate General Counsel for Legislation and
Regulations.
[FR Doc. 2012–11868 Filed 5–15–12; 8:45 am]
BILLING CODE 4210–67–P
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]]>Agencies
[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28764-28765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11859]
=======================================================================
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB58
Temporary Non-agricultural Employment of H-2B Aliens in the
United States
AGENCY: Employment and Training Administration, Labor.
[[Page 28765]]
ACTION: Guidance.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (the Department) is providing notice
of the judicial order enjoining the Department from implementing and
enforcing the Temporary Non-agricultural Employment of H-2B Aliens in
the United States, published February 21, 2012 (the 2012 H-2B Final
Rule). The 2012 H-2B Final Rule revised the requirements by which
employers seeking H-2B workers apply for a temporary labor
certification for use in petitioning the Department of Homeland
Security (DHS) to employ a nonimmigrant worker in H-2B status. The
effective date of the 2012 H-2B Final Rule was April 23, 2012. The
operative date of the 2012 H-2B Final Rule was April 27, 2012. This
document provides guidance to the regulated community of the
injunction, by judicial order, of the 2012 H-2B Final Rule and the
continuing effectiveness of the 2008 H-2B Rule until such time as
further judicial or other action suspends or otherwise nullifies the
order in the Bayou II litigation.
DATES: This guidance is effective May 16, 2012.
FOR FURTHER INFORMATION CONTACT: For further information, contact
William L. Carlson, Ph.D., 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 1-800-877-8339.
SUPPLEMENTARY INFORMATION: On February 21, 2012, the Department
published a Final Rule amending the H-2B regulations at 20 CFR part
655, Subpart A. 77 FR 10038, February 21, 2012. On April 23, 2012, the
Department published guidance which provided that applications filed
under Labor Certification Process and Enforcement for Temporary
Employment in Occupations Other Than Agriculture or Registered Nursing
in the United States (H-2B Workers), and Other Technical Changes, 73 FR
78020, December 19, 2008 (the 2008 H-2B Rule), must be sent to the
Office of Foreign Labor Certification's (OFLC's) Chicago National
Processing Center (CNPC) and postmarked no later than midnight April
26, 2012. The guidance also provided that applications postmarked on or
after April 27, 2012 will be adjudicated in accordance with the
requirements described in the 2012 H-2B Final Rule.
On April 16, several plaintiffs challenged the 2012 H-2B Final Rule
in the U.S. District Court for the Northern District of Florida (Bayou
Lawn & Landscape Services, et al. v. Hilda L. Solis, et al., 3:12-cv-
00183-MCR-CJK), seeking to preliminarily enjoin the Department from
implementing the rule on the basis that the Department lacked authority
to issue the 2012 H-2B Final Rule and that the rule violated both the
Administrative Procedure Act and the Regulatory Flexibility Act. Bayou
Lawn & Landscape Services, et al. v. Solis, Case 3:12-cv-00183-MCR-CJK,
Complaint at 5 (Apr. 16, 2012). On April 26, 2012, the U.S. District
Court for the Northern District of Florida issued an order temporarily
enjoining the Department from implementing or enforcing the 2012 H-2B
Final Rule pending ``the court's adjudication of the plaintiffs'
claims.'' Bayou Lawn & Landscape Services et al. v. Solis, Case 3:12-
cv-00183-MCR-CJK, Order at 8 (Apr. 26, 2012).
Therefore, employers must file H-2B labor certification
applications under the 2008 H-2B Rule, using those procedures and forms
associated with the 2008 H-2B Rule for which the Department has
received an emergency extension under the Paperwork Reduction Act.
However, please be aware that this preliminary injunction necessarily
calls into doubt the underlying authority of the Department to fulfill
its responsibilities under the Immigration and Nationality Act and
DHS's regulations to issue the labor certifications that are a
necessary predicate for the admission of H-2B workers. OFLC will post
additional filing guidance on its Web site at https://www.foreignlaborcert.doleta.gov/.
Signed in Washington, DC, this 11th day of May 2012.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2012-11859 Filed 5-15-12; 8:45 am]
BILLING CODE 4510-FP-P
