Notice of Intent To Issue Declaratory Order
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.