Residential, Business, and Wind and Solar Resource Leases on Indian Land, 19099-19100 [2013-07225]
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations
appropriations legislation1 containing
the same restriction prohibiting the
Department’s use of appropriated funds
to implement, administer, or enforce the
Wage Rule necessitated subsequent
extensions of the effective date of that
rule. See 76 FR 82115 (Dec. 30, 2011)
(extending the effective date to Oct. 1,
2012); 77 FR 60040 (Oct. 2, 2012)
(extending the effective date to Mar. 27,
2013).
In light of the anticipated enactment
of the Consolidated and Further
Continuing Appropriations Act, 2013,
which establishes the Department’s
appropriations through September 30,
2013, and also continues the prohibition
of the expenditure of the Department’s
appropriated funds to implement,
administer, or enforce the Wage Rule
through September 30, 2013, see Sec.
1101, the Department again must delay
the effective date of the Wage Rule.
Delaying the effective date of the Wage
Rule will ensure an orderly transition
and prevent further disruption in light
of the U.S. District Court for the Eastern
District of Pennsylvania’s March 21,
2013 ruling in Comite de Apoyo a los
Trabajadores Agricolas et al. v. Solis,
09-cv-00240, 2013 WL 1163426 (E.D. Pa.
Mar. 21, 2013), in which the court
vacated and granted a permanent
injunction against the operation of one
provision of the H–2B 2008 Rule, 20
CFR 655.10(b)(2). Under the nowvacated provision, prevailing wage
determinations issued by the
Department for a job opportunity for
which the employer seeks H–2B
workers must be based on the arithmetic
mean of the wages of workers similarly
employed at the skill level in the area
of intended employment. Pursuant to
that now-vacated regulation, the
Department established a four-tier wage
structure by dividing the Bureau of
Labor Statistics Occupational
Employment Statistics Survey (OES
survey) wage applicable to the
occupation in question into four tiers.
The court vacated 20 CFR 655.10(b)(2)
and remanded to the Department, giving
the Department thirty days to come into
compliance with the court’s order.
As a result of the court’s order, if a
prevailing wage determination is sought
based on the OES survey, the
Department currently is unable to issue
a prevailing wage determination under
the now-vacated wage provision of the
2008 rule because the court has held
invalid the four-tiered OES wage. Most
1 These include the Consolidated Appropriations
Act of 2012, Pub. L. No. 112–74, 125 Stat. 786,
which was enacted on December 23, 2011;
Continuing Appropriations Resolution, 2013, Public
Law 112–175, 126 Stat. 1313, which was enacted
on September 28, 2012.
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15:14 Mar 28, 2013
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of the Department’s prevailing wage
determinations in the H–2B program are
based on the invalidated four-tiered
OES wage. However, if an employer’s
request for a prevailing wage
determination is covered by a collective
bargaining agreement, the Department
still may issue that prevailing wage
determination because the issuance of
such determinations is unaffected by the
court’s order. See 20 CFR 655.10(b)(1).
Similarly, the Department still may
issue prevailing wage determinations
based on the employer’s submission of
a private wage survey (if approved by
the Department), or its voluntary use of
wages set under the Davis-Bacon Act, 40
U.S.C. 276a et seq., 29 CFR part 1, or the
McNamara-O’Hara Service Contract Act,
41 U.S.C. 351 et seq. See 20 CFR
655(b)(4), (b)(5). These alternative
methodologies would be barred,
however, were the 2011 Wage Rule to
take effect.
Consistent with the court’s ruling and
order, the Department intends to
promulgate a revised wage rule within
30 days of the date of that ruling that
complies with the court’s interpretation
of what the statutory and regulatory
framework require. Doing so will allow
the Department to resume the normal
operation of the H–2B program. Were
the 2011 Wage Rule to take effect in this
short time period during which DOL is
preparing a revised wage rule, not only
would it prevent the Department from
continuing to issue the small but
meaningful percentage of H–2B labor
certifications that are not based on the
vacated portion of the 2008 rule, but it
would lead to disruption and confusion
about the governing regulatory
framework, as the 2011 rule would be in
place and govern submissions made to
the Department, but the Department
would lack funds to implement that
governing structure. Therefore, we are
again postponing the effective date of
the 2011 Wage Rule, which the
Department is unable to implement as a
result of Congressional action and
which, if permitted to become effective,
would further limit the Department’s
current ability to issue prevailing wage
determinations.
The Department considers this
situation an emergency warranting the
publication of a final rule under the
good cause exception of the
Administrative Procedure Act. See 5
U.S.C. 553(b)(B), (d)(3). We are currently
experiencing a significant suspension in
program operations as a result of the
court’s order and until we promulgate a
new regulation, which we intend to do
in short order. In order to avoid a
complete operational suspension of the
H–2B program while we promulgate a
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19099
new regulation (due to the continued
defunding of the 2011 Wage Rule), as
well as the confusion and disruption
that would result from the 2011 Wage
Rule briefly taking legal effect pending
that new regulation, the Department
finds good cause to adopt this rule,
effective immediately, and without prior
notice and comment. See 5 U.S.C.
553(b)(B), (d)(3). Any delay in
promulgating this extension of the Wage
Rule’s effective date as the result of
notice-and-comment rulemaking would
significantly disrupt the program.
Signed: At Washington, DC this 26th day
of March, 2013.
Jane Oates,
Assistant Secretary for Employment and
Training.
[FR Doc. 2013–07431 Filed 3–26–13; 5:00 pm]
BILLING CODE 4510–FP–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 162
RIN 1076–AE73
Residential, Business, and Wind and
Solar Resource Leases on Indian Land
Bureau of Indian Affairs,
Interior.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: The Bureau of Indian Affairs
(BIA) published a rule in the Federal
Register of December 5, 2012,
announcing the revisions to regulations
addressing non-agricultural surface
leasing of Indian land. This notice
makes some minor corrections to
include the proper indefinite article for
the term ‘‘agricultural lease’’ and
clarifies two provisions for wind energy
evaluation leases (WEELs).
DATES: This correction is effective on
March 29, 2013.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Appel, Acting Director, Office
of Regulatory Affairs & Collaborative
Action, (202) 273–4680;
elizabeth.appel@bia.gov.
SUPPLEMENTARY INFORMATION:
Need for Corrections
The final regulations addressing nonagricultural surface leasing of Indian
land, and redesignating certain sections
related to agricultural leases, failed to
direct changes to the indefinite article
preceding ‘‘agricultural lease,’’ resulting
in the regulatory language now stating
‘‘a agricultural lease’’ rather than ‘‘an
agricultural lease’’ in several instances.
The final regulations also inadvertently
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19100
Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Rules and Regulations
omitted insurance as a mandatory
provision for WEELs and the standard
language that BIA may treat any
provision of a lease document that
violates Federal law as a violation of the
lease. This document corrects those
errors.
List of Subjects in 25 CFR Part 162
Indians—lands.
Accordingly, 25 CFR part 162 is
corrected by making the following
correcting amendments:
Dated: March 7, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
DEPARTMENT OF THE INTERIOR
[FR Doc. 2013–07225 Filed 3–28–13; 8:45 am]
BILLING CODE 4310–6W–P
30 CFR Part 1206
Product Valuation
DEPARTMENT OF THE TREASURY
26 CFR Part 1
PART 162—LEASES and PERMITS
[TD 9612]
■
Authority: 5 U.S.C. 301, R.S. 463 and 465;
25 U.S.C. 2 and 9. Interpret or apply sec. 3,
26 Stat. 795, sec. 1, 28 Stat. 305, secs. 1, 2,
31 Stat. 229, 246, secs. 7, 12, 34 Stat. 545,
34 Stat. 1015, 1034, 35 Stat. 70, 95, 97, sec.
4, 36 Stat. 856, sec. 1, 39 Stat. 128, 41 Stat.
415, as amended, 751, 1232, sec. 17, 43 Stat.
636, 641, 44 Stat. 658, as amended, 894,
1365, as amended, 47 Stat. 1417, sec. 17, 48
Stat. 984, 988, 49 Stat. 115, 1135, sec. 55, 49
Stat. 781, sec. 3, 49 Stat. 1967, 54 Stat. 745,
1057, 60 Stat. 308, secs. 1, 2, 60 Stat. 962,
sec. 5, 64 Stat. 46, secs. 1, 2, 4, 5, 6, 64 Stat.
470, 69 Stat. 539, 540, 72 Stat. 968, 107 Stat.
2011, 108 Stat. 4572, March 20, 1996, 110
Stat. 4016; 25 U.S.C. 380, 393, 393a, 394, 395,
397, 402, 402a, 403, 403a, 403b, 403c, 409a,
413, 415, 415a, 415b, 415c, 415d, 416, 477,
635, 2201 et seq., 3701, 3702, 3703, 3712,
3713, 3714, 3715, 3731, 3733, 4211; 44 U.S.C.
3101 et seq.
§ 162.105
[Amended]
2. In § 162.105, paragraph (a), remove
the words ‘‘a agricultural lease’’ and
add, in their place, the words ‘‘an
agricultural lease.’’
■
§ 162.106
3. In § 162.106, paragraph (a), remove
the words ‘‘a lease’’ wherever they
appear and add, in their place, the
words ‘‘an agricultural lease.’’
■ 4. In § 162.513, revise paragraph (a)
introductory text, paragraphs (a)(6) and
(a)(7), and add paragraphs (a)(8) and (e)
to read as follows:
§ 162.513 Are there mandatory provisions
a WEEL must contain?
(a) All WEELs must identify:
*
*
*
*
(6) Payment requirements and late
payment charges, including interest;
(7) Due diligence requirements, under
§ 162.517; and
(8) Insurance requirements, under
§ 162.527.
*
*
*
*
*
(e) We may treat any provision of a
lease document that violates Federal
law as a violation of the lease.
*
erowe on DSK2VPTVN1PROD with RULES
RIN 1545–BA53
Noncompensatory Partnership Options
[FR Doc. 2013–07512 Filed 3–28–13; 8:45 am]
Correction
BILLING CODE 1505–01–D
In rule document 2013–2259
appearing on pages 7997–8016 in the
issue of Tuesday, February 5, 2013,
make the following correction:
DEPARTMENT OF HOMELAND
SECURITY
§ 1.704–1
Coast Guard
[Corrected]
In § 1.704–1, on page 8012, the second
table should appear as follows:
VerDate Mar<15>2010
15:14 Mar 28, 2013
Jkt 229001
33 CFR Part 100
[Docket No. USCG–2013–0081]
Basis
Total ...........
Liabilities and Capital:
K ........................
L .........................
M ........................
RIN 1625–AA08
$24,000
$12,000
$33,000
$12,000
Special Local Regulations; Charleston
Race Week, Charleston Harbor;
Charleston, SC
$36,000
$45,000
AGENCY:
$13,000
$13,000
$10,000
$15,000
$15,000
$15,000
ACTION:
$36,000
Assets:
Property D .........
Cash ..................
Value
$45,000
[Amended]
■
CFR Correction
In Title 30 of the Code of Federal
Regulations, Parts 700 to End, revised as
of July 1, 2012, on page 742, in
§ 1206.57(d)(3) the reference to
‘‘§ 1218.54’’ is corrected to read
‘‘§ 1218.56’’, and on page 761, in
§ 1206.117(a), the reference to
‘‘§ 218.54’’ is corrected to read
‘‘§ 1218.54’’.
Internal Revenue Service
1. The authority citation continues to
read as follows:
Surface Mining Reclamation and
Enforcement
[FR Doc. C1–2013–02259 Filed 3–29–13; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
Employment Taxes and Collection of
Income Tax at Source
CFR Correction
In Title 26 of the Code of Federal
Regulations, Parts 30 to 39, revised as of
April 1, 2012, on page 301, in
§ 31.3406(b)(3)–2, in paragraph (b)(5),
the language ‘‘§ 5f.6045–1(c)(3)(x)’’ is
removed and ‘‘§ 1.6045–1(c)(3)(x)’’ is
added in its place.
[FR Doc. 2013–07509 Filed 3–28–13; 8:45 am]
BILLING CODE 1505–01–D
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Coast Guard, DHS.
Temporary final rule.
SUMMARY: The Coast Guard is
establishing a special local regulation on
the waters of Charleston Harbor in
Charleston, South Carolina during
Charleston Race Week, a series of
sailboat races. From Thursday, April 18,
2013, until Sunday, April 21, 2013,
approximately 300 sailboats are
anticipated to participate in these races,
and approximately 15 spectator vessels
are expected to watch the event. A
special local regulation is necessary to
provide for the safety of life on the
navigable waters of the United States
during the races. This special local
regulation consists of three race areas.
Except for those persons and vessels
participating in the sailboat races,
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within any of the race
areas unless authorized by the Captain
of the Port Charleston or a designated
representative.
This rule is effective from 7:30
a.m. on April 18, 2013, until 5 p.m. on
April 21, 2013. This rule will be
enforced daily from 7:30 a.m. until 5:30
DATES:
E:\FR\FM\29MRR1.SGM
29MRR1
]]>Agencies
[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19099-19100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07225]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 162
RIN 1076-AE73
Residential, Business, and Wind and Solar Resource Leases on
Indian Land
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) published a rule in the
Federal Register of December 5, 2012, announcing the revisions to
regulations addressing non-agricultural surface leasing of Indian land.
This notice makes some minor corrections to include the proper
indefinite article for the term ``agricultural lease'' and clarifies
two provisions for wind energy evaluation leases (WEELs).
DATES: This correction is effective on March 29, 2013.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Acting Director,
Office of Regulatory Affairs & Collaborative Action, (202) 273-4680;
elizabeth.appel@bia.gov.
SUPPLEMENTARY INFORMATION:
Need for Corrections
The final regulations addressing non-agricultural surface leasing
of Indian land, and redesignating certain sections related to
agricultural leases, failed to direct changes to the indefinite article
preceding ``agricultural lease,'' resulting in the regulatory language
now stating ``a agricultural lease'' rather than ``an agricultural
lease'' in several instances. The final regulations also inadvertently
[[Page 19100]]
omitted insurance as a mandatory provision for WEELs and the standard
language that BIA may treat any provision of a lease document that
violates Federal law as a violation of the lease. This document
corrects those errors.
List of Subjects in 25 CFR Part 162
Indians--lands.
Accordingly, 25 CFR part 162 is corrected by making the following
correcting amendments:
PART 162--LEASES and PERMITS
0
1. The authority citation continues to read as follows:
Authority: 5 U.S.C. 301, R.S. 463 and 465; 25 U.S.C. 2 and 9.
Interpret or apply sec. 3, 26 Stat. 795, sec. 1, 28 Stat. 305, secs.
1, 2, 31 Stat. 229, 246, secs. 7, 12, 34 Stat. 545, 34 Stat. 1015,
1034, 35 Stat. 70, 95, 97, sec. 4, 36 Stat. 856, sec. 1, 39 Stat.
128, 41 Stat. 415, as amended, 751, 1232, sec. 17, 43 Stat. 636,
641, 44 Stat. 658, as amended, 894, 1365, as amended, 47 Stat. 1417,
sec. 17, 48 Stat. 984, 988, 49 Stat. 115, 1135, sec. 55, 49 Stat.
781, sec. 3, 49 Stat. 1967, 54 Stat. 745, 1057, 60 Stat. 308, secs.
1, 2, 60 Stat. 962, sec. 5, 64 Stat. 46, secs. 1, 2, 4, 5, 6, 64
Stat. 470, 69 Stat. 539, 540, 72 Stat. 968, 107 Stat. 2011, 108
Stat. 4572, March 20, 1996, 110 Stat. 4016; 25 U.S.C. 380, 393,
393a, 394, 395, 397, 402, 402a, 403, 403a, 403b, 403c, 409a, 413,
415, 415a, 415b, 415c, 415d, 416, 477, 635, 2201 et seq., 3701,
3702, 3703, 3712, 3713, 3714, 3715, 3731, 3733, 4211; 44 U.S.C. 3101
et seq.
Sec. 162.105 [Amended]
0
2. In Sec. 162.105, paragraph (a), remove the words ``a agricultural
lease'' and add, in their place, the words ``an agricultural lease.''
Sec. 162.106 [Amended]
0
3. In Sec. 162.106, paragraph (a), remove the words ``a lease''
wherever they appear and add, in their place, the words ``an
agricultural lease.''
0
4. In Sec. 162.513, revise paragraph (a) introductory text, paragraphs
(a)(6) and (a)(7), and add paragraphs (a)(8) and (e) to read as
follows:
Sec. 162.513 Are there mandatory provisions a WEEL must contain?
(a) All WEELs must identify:
* * * * *
(6) Payment requirements and late payment charges, including
interest;
(7) Due diligence requirements, under Sec. 162.517; and
(8) Insurance requirements, under Sec. 162.527.
* * * * *
(e) We may treat any provision of a lease document that violates
Federal law as a violation of the lease.
Dated: March 7, 2013.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
[FR Doc. 2013-07225 Filed 3-28-13; 8:45 am]
BILLING CODE 4310-6W-P
