Homeless Emergency Assistance and Rapid Transition to Housing: Emergency Solutions Grants Program and Consolidated Plan Conforming Amendments; Correction, 28765 [2012-11868]
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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
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SUPPLEMENTARY INFORMATION:
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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]
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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]
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Agencies
[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Page 28765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11868]
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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.
-----------------------------------------------------------------------
SUMMARY: 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.
DATES: This correction is effective May 16, 2012.
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 toll-free number). Hearing- and speech-impaired persons may
access this number through TTY by calling the Federal Relay Service at
800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: 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.
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