Notice of Intent To Issue Declaratory Order, 2445 [2015-00580]

Agencies

• DEPARTMENT OF LABOR
• Office of the Secretary of Labor

[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Page 2445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00580]



[[Page 2445]]

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DEPARTMENT OF LABOR

Office of the Secretary of Labor


Notice of Intent To Issue Declaratory Order

AGENCY: Office of the Secretary of Labor, Department of Labor.

ACTION: Notice of intent to issue declaratory order; request for 
comment; extension of comment period.

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SUMMARY: On December 17, 2014, the Office of the Secretary of Labor 
published a Federal Register notice of intent to issue declaratory 
order and request for comment (``Notice''). This Notice (79 FR 75179) 
states the Secretary of Labor (``Secretary'') is considering issuing on 
his own motion a declaratory order confirming that he has exclusive 
authority to make legal and policy determinations based on his 
statutory and regulatory authority to administer and enforce the H-2B 
temporary labor certification program. Such a declaratory order would 
remove uncertainty about that authority created by a decision of the 
Board of Alien Labor Certification Appeals in Island Holdings LLC, 
2013-PWD-00002 (BALCA Dec. 3, 2013) (en banc). This Notice was issued 
pursuant to the authority granted in the Administrative Procedure Act 
(APA), 5 U.S.C. 554(e), to issue declaratory orders ``to terminate a 
controversy or remove uncertainty.'' This document extends the comment 
period for the Notice for fifteen (15) days. If you have already 
submitted comments in response to the Notice, you do not need to 
resubmit your comment. The Department will consider all comments 
received from the date of publication of the Notice through the close 
of the extended comment period.

DATES: The comment period for the Notice published on December 17, 2014 
(79 FR 75179), scheduled to close on January 16, 2015, is extended 
until February 2, 2015.

ADDRESSES: You may submit comments, identified by docket number ETA-
2014-0003, by any one of the following methods:
     Federal e-Rulemaking Portal www.regulations.gov. Follow 
the Web site instructions for submitting comments.
     Mail or Hand Delivery/Courier: Please submit all written 
comments (including disk and CD-ROM submissions) to Adele Gagliardi, 
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. Comments received 
by means other than those listed above or received after the comment 
period has closed will not be reviewed. 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 personal 
information such as Social Security Numbers, personal addresses, 
telephone numbers, and email addresses in their comments as such 
information will become viewable by the public on the https://www.regulations.gov Web site. It is the commenter's responsibility to 
safeguard his or her information. Comments submitted through https://www.regulations.gov will not include the commenter's email 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 Departments encourage the public to submit 
comments through the https://www.regulations.gov Web site.
    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 
available for public inspection during normal business hours at the 
Employment and Training Administration (ETA) Office of Policy 
Development and Research at the above address. If you need assistance 
to review the comments, DOL will provide you with appropriate aids such 
as readers or print magnifiers. DOL will make copies of the Notice 
available, upon request, in large print and as an electronic file on 
computer disk. DOL will consider providing the Notice in other formats 
upon request. To schedule an appointment to review the comments and/or 
obtain the Notice in an alternate format, contact the ETA 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: For further information, contact 
William W. Thompson, Acting 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 December 17, 2014, the Department 
published a Notice of Intent to Issue Declaratory Order and Request for 
Comment (79 FR 75179). The Department was to receive comments on this 
Notice on or before January 16, 2015.
    Several organizations and an individual submitted requests to 
extend the comment period by an additional 90 days. We considered these 
requests and determined that it is appropriate to provide an additional 
15-day period for comment on the Notice. We are, therefore, extending 
the comment period until Monday, February 2, 2015.

Extension of Comment Period

    The Department determined that the public could use additional time 
to review the administrative record for this adjudicatory proceeding 
and to prepare comment in the nature of legal briefing related to the 
proposed legal determinations stated in the Notice. Therefore, to allow 
the public sufficient time to review and comment on the Notice, the 
Department is extending the comment period until February 2, 2015.

    Signed at Washington, DC, this 12th day of January, 2015.
Thomas E. Perez,
Secretary of Labor.
[FR Doc. 2015-00580 Filed 1-15-15; 8:45 am]
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