Endangered Species; Receipt of Recovery Permit Applications, 13179-13180 [2020-04565]
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Notices
lotter on DSKBCFDHB2PROD with NOTICES
Historically, when a TLC was granted,
DOL sent an original approved Form
ETA–9142B, Application for Temporary
Employment Certification, and a Final
Determination letter to the employer
with a copy, if applicable, to the
employer’s authorized attorney or agent.
20 CFR 655.52. The original paper TLC
was sent by means normally ensuring
next day delivery, and the employer
retained a signed copy of the certified
Form ETA–9142B and the original
signed Appendix B, as required by 20
CFR 655.56(c)(12). The employer or its
authorized attorney or agent then
attached the original paper TLC, along
with all other supporting
documentation and appropriate fees, to
the Form I–129, Petition for a
Nonimmigrant Worker, and filed the
Form I–129 with USCIS. On October 15,
2012, DOL implemented electronic
filing in the H–2B labor certification
program, but continued to issue original
certified ETA–9142 TLCs on paper.3
On May 17, 2019, and in accordance
with the Paperwork Reduction Act
(PRA), the Office of Management and
Budget (OMB) approved revisions to
DOL’s H–2B Foreign Labor Certification
Program information collection.4 To
promote greater efficiency in issuing
TLCs and minimize delays associated
with employers filing H–2B petitions
with DHS, DOL received approval to
issue electronic TLCs using the new
Form ETA–9142B, Final Determination:
H–2B Temporary Labor Certification
Approval. On June 6, 2019, DOL then
announced on the Office of Foreign
Labor Certification’s (OFLC’s) website a
transition schedule for employers to
submit the new H–2B application forms
beginning July 3, 2019, through its new
FLAG system.5 As of July 3, 2019,
employers who file the new Form ETA–
9142B, including all applicable
appendices, through the FLAG system
and are granted a TLC will receive an
ETA–9142B, Final Determination: H–2B
Temporary Labor Certification
Approval, and Final Determination
letter electronically.6
3 Electronic Filing of H–2A and H–2B Labor
Certification Applications Through the iCERT Visa
Portal System, 77 FR 59670, 69672 (Sept. 28, 2012).
4 See OMB’s Notice of Action issued on May 17,
2019, on DOL’s information collection control
number 1205–0509 at https://www.reginfo.gov.
5 DOL announced that, beginning July 3, 2019, it
will only accept H–2B applications submitted using
the new Form ETA–9142B (i.e., forms containing an
expiration date of May 31, 2022). DOL continued
to accept and process H–2B applications it received
through the legacy iCERT system until 11:59 p.m.
Eastern Time on July 2, 2019. See https://
www.foreignlaborcert.doleta.gov/.
6 Employers may obtain a copy of the final
decisions from the Historical table in the My Cases
tab of their FLAG account. See DOL’s Frequently
Asked Questions; https://flag.dol.gov/support/
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18:31 Mar 05, 2020
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In circumstances where the employer
or, if applicable, its authorized attorney
or agent, is not able to receive the
approved TLC documents
electronically, DOL will send the ETA–
9142B and Final Determination letter on
paper and in a manner that ensures next
day delivery.
DHS regulations refer to an approved
TLC by various terms including
‘‘Department of Labor determination’’ at
8 CFR 214.2(h)(2)(i)(E) and ‘‘labor
certification determination’’ at 8 CFR
214.2(h)(6)(iii)(E). Under the current
instructions for Form I–129, H–2B
petitioners must submit an approved
TLC from DOL with the H–2B petition.7
Since DOL, generally, will now only
provide the approved TLC to an
employer electronically, USCIS
announced on its website on July 26,
2019, that employers whose application
for a TLC was processed in FLAG must
include a printed copy of the electronic
one-page ETA–9142B, Final
Determination: H–2B Temporary Labor
Certification Approval, with their Form
I–129, and that USCIS will consider this
printed copy as an original, approved
TLC.8 USCIS is formally announcing,
through this notice, that a printed copy
of the ETA–9142B final determination,
completed and electronically signed by
DOL, must be submitted with an H–2B
petition, and that this printed copy of
the one-page determination satisfies the
requirement that petitioners provide
evidence of an approved TLC. As
discussed above, this change in USCIS
procedure aligns with DOL’s change in
its procedures, as DOL has transitioned
to a new electronic filing and
application processing environment
through which, generally, DOL no
longer provides the employer and, if
applicable, the employer’s authorized
attorney or agent with a paper copy of
a certified Form ETA–9142B. This
change in process is also appropriate
since in most circumstances, USCIS will
no longer need to reference a paper copy
of a certified Form ETA–9142B (and its
appendices) because USCIS and DOL
have in place an information sharing
process that allows USCIS to validate
substantive elements of the approved
TLC based on case information supplied
by DOL directly to USCIS.9
USCIS notes that there may be limited
circumstances when an employer (or its
authorized agent, if applicable) has a
FAQ#cases, under the question, ‘‘How can I find a
copy of my issued application?’’
7 See https://www.uscis.gov/i-129.
8 See https://www.uscis.gov/news/alerts/h-2bpetitioners-must-include-temporary-laborcertification-final-determination-form-i-129.
9 See https://www.dhs.gov/publication/dhs-uscispia-044-validation-instrument-business-enterprises.
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13179
paper-based final determination from
DOL because, among other reasons, the
employer is unable to receive the final
determination electronically.10 In these
limited circumstances, USCIS may
accept and consider the paper-based
certification documents as an original
approved TLC. Additionally, USCIS
notes that the submission of a printed
copy of the electronic ETA–9142B final
determination does not preclude USCIS
from issuing a request for evidence or a
notice of intent to deny in certain
warranted circumstances, including but
not limited to, when the electronic
systems are unavailable for validation,
or the final determination document is
substantively inconsistent with the
information provided by DOL regarding
that labor certification determination. In
those instances, USCIS will request that
an employer (or its authorized agent, if
applicable) submit documentation,
including but not limited to a copy or
copies of the complete certified Form
ETA–9142B and its appendices. DOL
has agreed that such evidence will be
made available to employers (or
authorized agents) in certain
circumstances, for example, in the event
of FLAG system outage or scheduled
maintenance.
Joseph Edlow,
Deputy Director for Policy, U.S. Citizenship
and Immigration Services.
[FR Doc. 2020–04666 Filed 3–5–20; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2020–N028;
FXES11130100000–201–FF01E00000]
Endangered Species; Receipt of
Recovery Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received
applications for permits to conduct
activities intended to enhance the
propagation and survival of endangered
species under the Endangered Species
Act of 1973, as amended. We invite the
public and local, State, Tribal, and
SUMMARY:
10 See 84 FR 798, 799 (Jan. 31, 2019) (‘‘In
circumstances where the employer or, if applicable,
its authorized attorney or agent, is not able to
receive the temporary labor certification documents
electronically, ETA will send the certification
documents printed on standard paper in a manner
that ensures overnight delivery.’’)
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13180
Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Notices
Federal agencies to comment on these
applications. Before issuing the
requested permits, we will take into
consideration any information that we
receive during the public comment
period.
DATES: We must receive your written
comments on or before April 6, 2020.
ADDRESSES: Document availability and
comment submission: Submit requests
for copies of the applications and
related documents and submit any
comments by one of the following
methods. All requests and comments
should specify the applicant name and
application number (e.g., Dana Ross TE–
08964A–2):
• Email: permitsR1ES@fws.gov.
• U.S. Mail: Marilet Zablan, Program
Manager, Restoration and Endangered
Species Classification, Ecological
Services, U.S. Fish and Wildlife Service,
Pacific Regional Office, 911 NE 11th
Avenue, Portland, OR 97232–4181.
FOR FURTHER INFORMATION CONTACT:
Colleen Henson, Regional Recovery
Permit Coordinator, Ecological Services,
(503) 231–6131 (phone); permitsR1ES@
fws.gov (email). Individuals who are
hearing or speech impaired may call the
Application No.
Applicant, city, state
Permit Applications Available for
Review and Comment
With some exceptions, the ESA
prohibits activities that constitute take
of listed species unless a Federal permit
is issued that allows such activity. The
ESA’s definition of ‘‘take’’ includes such
activities as pursuing, harassing,
trapping, capturing, or collecting, in
addition to hunting, shooting, harming,
wounding, or killing.
A recovery permit issued by us under
section 10(a)(1)(A) of the ESA
authorizes the permittee to conduct
activities with endangered or threatened
species for scientific purposes that
promote recovery or for enhancement of
Proposed activities in the following
permit requests are for the recovery and
enhancement of propagation or survival
of the species in the wild. The ESA
requires that we invite public comment
before issuing these permits.
Accordingly, we invite local, State,
Tribal, and Federal agencies and the
public to submit written data, views, or
arguments with respect to these
applications. The comments and
recommendations that will be most
useful and likely to influence agency
decisions are those supported by
quantitative information or studies.
Species
Take activity
Harass by capture, measure, mark, attach
transmitters, and release adults; locate,
monitor, screen, and excavate nests;
relocate eggs; release live hatchlings;
and salvage.
Harass by survey, monitor, capture, handle, band, biosample, attach transmitters, release, and salvage.
Harass by survey, monitor, capture, handle, mark, attach transmitters, biosample, release, and salvage.
Renew.
Harass by survey, monitor, capture, handle, band, biosample, attach transmitters, float eggs, release, and salvage.
New.
Hawksbill sea turtle
(Eretmochelys
imbricata).
Hawaii ......................
TE–08598C–1 ...
The Institute for Bird
Populations, Point
Reyes Station, CA.
U.S. Geological Survey, Fort Collins
Science Center,
Fort Collins, CO.
Oregon State University, Corvallis, OR.
Friendly ground-dove
(Gallicolumba
stairi ).
Slevin’s skink (Emoia
slevini ).
American Samoa .....
Hawaiian common
gallinule (Gallinula
galeata
sandvicensis).
Public Availability of Comments
Written comments we receive become
part of the administrative record
associated with this action. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can request in your comment
that we withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. All submissions
from organizations or businesses, and
VerDate Sep<11>2014
18:31 Mar 05, 2020
Jkt 250001
Permit
action
Location
Hawaii Volcanoes
National Park, HI.
TE–67157D–0 ...
propagation or survival of the species.
These activities often include such
prohibited actions as capture and
collection. Our regulations
implementing section 10(a)(1)(A) for
these permits are found in the Code of
Federal Regulations (CFR) at 50 CFR
17.22 for endangered wildlife species,
50 CFR 17.32 for threatened wildlife
species, 50 CFR 17.62 for endangered
plant species, and 50 CFR 17.72 for
threatened plant species.
Background
TE–739923–9 ...
TE–66355D–0 ...
lotter on DSKBCFDHB2PROD with NOTICES
Federal Relay Service at 1–800–877–
8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service, invite
the public to comment on applications
for permits under section 10(a)(1)(A) of
the Endangered Species Act, as
amended (ESA; 16 U.S.C. 1531 et seq.).
The requested permits would allow the
applicants to conduct activities
intended to promote recovery of species
that are listed as endangered under the
ESA.
Commonwealth of
the Northern Mariana Islands,
Guam.
Kauai, Hawaii ...........
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Renew.
New.
1973, as amended (16 U.S.C. 1531 et
seq.).
Rolland White,
Assistant Regional Director—Ecological
Services, Pacific Region.
Next Steps
[FR Doc. 2020–04565 Filed 3–5–20; 8:45 am]
If we decide to issue a permit to the
applicants listed in this notice, we will
publish a notice in the Federal Register.
BILLING CODE 4333–15–P
Authority
We publish this notice under section
10(c) of the Endangered Species Act of
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]]>Agencies
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13179-13180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04565]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2020-N028; FXES11130100000-201-FF01E00000]
Endangered Species; Receipt of Recovery Permit Applications
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of permit applications; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, have received
applications for permits to conduct activities intended to enhance the
propagation and survival of endangered species under the Endangered
Species Act of 1973, as amended. We invite the public and local, State,
Tribal, and
[[Page 13180]]
Federal agencies to comment on these applications. Before issuing the
requested permits, we will take into consideration any information that
we receive during the public comment period.
DATES: We must receive your written comments on or before April 6,
2020.
ADDRESSES: Document availability and comment submission: Submit
requests for copies of the applications and related documents and
submit any comments by one of the following methods. All requests and
comments should specify the applicant name and application number
(e.g., Dana Ross TE-08964A-2):
Email: [email protected].
U.S. Mail: Marilet Zablan, Program Manager, Restoration
and Endangered Species Classification, Ecological Services, U.S. Fish
and Wildlife Service, Pacific Regional Office, 911 NE 11th Avenue,
Portland, OR 97232-4181.
FOR FURTHER INFORMATION CONTACT: Colleen Henson, Regional Recovery
Permit Coordinator, Ecological Services, (503) 231-6131 (phone);
[email protected] (email). Individuals who are hearing or speech
impaired may call the Federal Relay Service at 1-800-877-8339 for TTY
assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service,
invite the public to comment on applications for permits under section
10(a)(1)(A) of the Endangered Species Act, as amended (ESA; 16 U.S.C.
1531 et seq.). The requested permits would allow the applicants to
conduct activities intended to promote recovery of species that are
listed as endangered under the ESA.
Background
With some exceptions, the ESA prohibits activities that constitute
take of listed species unless a Federal permit is issued that allows
such activity. The ESA's definition of ``take'' includes such
activities as pursuing, harassing, trapping, capturing, or collecting,
in addition to hunting, shooting, harming, wounding, or killing.
A recovery permit issued by us under section 10(a)(1)(A) of the ESA
authorizes the permittee to conduct activities with endangered or
threatened species for scientific purposes that promote recovery or for
enhancement of propagation or survival of the species. These activities
often include such prohibited actions as capture and collection. Our
regulations implementing section 10(a)(1)(A) for these permits are
found in the Code of Federal Regulations (CFR) at 50 CFR 17.22 for
endangered wildlife species, 50 CFR 17.32 for threatened wildlife
species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72
for threatened plant species.
Permit Applications Available for Review and Comment
Proposed activities in the following permit requests are for the
recovery and enhancement of propagation or survival of the species in
the wild. The ESA requires that we invite public comment before issuing
these permits. Accordingly, we invite local, State, Tribal, and Federal
agencies and the public to submit written data, views, or arguments
with respect to these applications. The comments and recommendations
that will be most useful and likely to influence agency decisions are
those supported by quantitative information or studies.
----------------------------------------------------------------------------------------------------------------
Applicant, city, Permit
Application No. state Species Location Take activity action
----------------------------------------------------------------------------------------------------------------
TE-739923-9.......... Hawaii Volcanoes Hawksbill sea Hawaii.......... Harass by capture, Renew.
National Park, turtle measure, mark,
HI. (Eretmochelys attach transmitters,
imbricata). and release adults;
locate, monitor,
screen, and excavate
nests; relocate
eggs; release live
hatchlings; and
salvage.
TE-08598C-1.......... The Institute Friendly ground- American Samoa.. Harass by survey, Renew.
for Bird dove monitor, capture,
Populations, (Gallicolumba handle, band,
Point Reyes stairi ). biosample, attach
Station, CA. transmitters,
release, and salvage.
TE-66355D-0.......... U.S. Geological Slevin's skink Commonwealth of Harass by survey, New.
Survey, Fort (Emoia slevini the Northern monitor, capture,
Collins Science ). Mariana handle, mark, attach
Center, Fort Islands, Guam. transmitters,
Collins, CO. biosample, release,
and salvage.
TE-67157D-0.......... Oregon State Hawaiian common Kauai, Hawaii... Harass by survey, New.
University, gallinule monitor, capture,
Corvallis, OR. (Gallinula handle, band,
galeata biosample, attach
sandvicensis). transmitters, float
eggs, release, and
salvage.
----------------------------------------------------------------------------------------------------------------
Public Availability of Comments
Written comments we receive become part of the administrative
record associated with this action. Before including your address,
phone number, email address, or other personal identifying information
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly
available at any time. While you can request in your comment that we
withhold your personal identifying information from public review, we
cannot guarantee that we will be able to do so. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public disclosure in their
entirety.
Next Steps
If we decide to issue a permit to the applicants listed in this
notice, we will publish a notice in the Federal Register.
Authority
We publish this notice under section 10(c) of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Rolland White,
Assistant Regional Director--Ecological Services, Pacific Region.
[FR Doc. 2020-04565 Filed 3-5-20; 8:45 am]
BILLING CODE 4333-15-P
