DOL Publishes Final Rule on Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment

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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB65

Labor Certification Process for Logging Employment and Non-H-2A
Agricultural Employment

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Final rule; rescission of regulations.

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SUMMARY: This final rule rescinds the regulations for employers in the
logging industry utilizing foreign workers. The regulations became
obsolete after a rulemaking in 2010 reassigned them elsewhere in the
Code of Federal Regulations. The Department of Labor (``Department'')
is issuing this final rule to remove the obsolete regulations.

DATES: Effective November 20, 2013.

FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor Certification, Room C-4312,
Employment & Training Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210. Telephone number: 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 1-877-889-
5627 (TTY/TDD). Fax: 202-693-2768.

SUPPLEMENTARY INFORMATION: Subpart C, Labor Certification for Logging
Employment and Non-H-2A Agriculture Employment, was made obsolete by
the inclusion of ``logging employment'' within the definition of
``agricultural labor or services'' in the Department of Labor's final
rule, Temporary Agricultural Employment of H-2A Aliens in the United
States, 75 FR 6884 (Feb. 12, 2010). The effect of including ``logging
employment'' within the definition of ``agricultural labor or
services,'' 20 CFR 655.103(c)(4), was to include within the program
requirements for temporary employment of foreign workers in agriculture
(H-2A) employers seeking to temporarily employ foreign workers in
logging occupations. The Department proposed the inclusion of logging
employment in the H-2A program in its notice of proposed rulemaking
(NPRM). 74 FR 45906 (Sept. 4, 2009). After considering comments from
the public on the subject, the inclusion of logging in the

[[Page 69542]]

H-2A was finalized in the 2010 rule. Therefore, employers seeking to
temporarily employ foreign workers in logging operations are now
governed by the regulations in Subpart B applicable to H-2A
agricultural work, and Subpart C no longer has force and effect and
must be rescinded.
The Department has determined that it is unnecessary to publish the
rescission of these regulations as a proposed rule, as generally
required by the Administrative Procedure Act (``APA''), 5 U.S.C.
553(b). Notice to the public and provision of a public comment period
regarding the inclusion of logging employment in the H-2A program were
provided in the 2009 NPRM, and this rule simply rescinds Subpart C,
which is no longer operable. Therefore, good cause exists for
dispensing with the notice and comment requirements of the APA. 5
U.S.C. 553(b)(B). For the same reason, good cause exists to make this
rule effective immediately upon publication of this rule. 5 U.S.C.
553(d)(3).

Administrative Information

A. Executive Order 12866

This final rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department has determined that this rule is not a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. The Department has also determined that
this rule is not ``economically significant'' as defined in section
3(f)(1) of Executive Order 12866. Therefore, the information enumerated
in section 6(a)(3)(C) of the order is not required.

B. Regulatory Flexibility Act

This rescission is not a ``rule'' as defined in the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601(2), nor is it a ``final rule''
following a notice of proposed rulemaking as defined in the RFA, 5
U.S.C. 604(a). Therefore, the RFA does not apply and the Department is
not required to either certify that the rule would not have a
significant economic impact on a substantial number of small entities
or conduct a regulatory flexibility analysis.

C. Unfunded Mandates Reform--Unfunded Mandates Reform Act of 1995

This rule will not include any Federal mandate that may result in
increased expenditures by State, local, and tribal governments, in the
aggregate, of $100 million or more, or in increased expenditures by the
private sector of $100 million or more.

D. Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of the United States-based companies to
compete with foreign based companies in domestic and export markets.

E. Executive Order 13132--Federalism

The Department has reviewed this rule in accordance with E.O. 13132
regarding federalism and has determined that it does not have
federalism implications. The rule does not have substantial direct
effects on States, on the relationship between the States, or on the
distribution of power and responsibilities among the various levels of
Government as described by E.O. 13132. Therefore, the Department has
determined that this rule will not have a sufficient federalism
implication to warrant the preparation of a summary impact statement.

F. Executive Order 13175--Indian Tribal Governments

This rule was reviewed under the terms of E.O. 13175 and determined
not to have Tribal implications. The rule does not have substantial
direct effects on one or more Indian Tribes, on the relationship
between the Federal Government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian Tribes. As a result, no Tribal summary impact
statement has been prepared.

G. Assessment of Federal Regulations and Policies on Families

Section 654 of the Treasury and General Government Appropriations
Act, enacted as part of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat.
2681), requires the Department to assess the impact of this rule on
family well-being. A rule that is determined to have a negative effect
on families must be supported with an adequate rationale. The
Department has assessed this rule and determines that it will not have
a negative effect on families.

H. Executive Order 12630--Government Actions and Interference With
Constitutionally Protected Property Rights

This rule is not subject to E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights, because
it does not involve implementation of a policy with takings
implications.

I. Executive Order 12988--Civil Justice

This regulation has been drafted and reviewed in accordance with
E.O. 12988, Civil Justice Reform, and will not unduly burden the
Federal court system. The regulation has been written to minimize
litigation and provide a clear legal standard for affected conduct, and
has been reviewed carefully to eliminate drafting errors and
ambiguities.

J. Plain Language

The Department drafted this rule in plain language.

K. Executive Order 13211--Energy Supply

This rule is not subject to E.O. 13211. It will not have a
significant adverse effect on the supply, distribution, or use of
energy.

L. Paperwork Reduction Act

This rule contains no new information collection requirements for
purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

List of Subjects in 20 CFR Part 655

Administrative practice and procedure, Foreign workers, Employment,
Employment and training, Enforcement, Forest and forest products,
Fraud, Health professions, Immigration, Labor, Longshore and harbor
work, Migrant workers, Nonimmigrant workers, Passports and visas,
Penalties, Reporting and recordkeeping requirements, Unemployment,
Wages, Working conditions.

Accordingly, for the reasons stated herein, the Department hereby
amends 20 CFR part 655 as follows:

PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED
STATES

0
1. The authority citation for part 655 and the authority citation for
subparts A and C continue to read as follows:

Authority: Section 655.0 issued under 8 U.S.C.
1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C.
1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and
1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102
(8 U.S.C. 1182 note); sec. 221(a),

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Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec.
303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101
note); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; sec. 412(e),
Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d),
Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C.
49k; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8
CFR 214.2(h)(6)(iii).
Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and
1184; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).

Subpart C--[Removed and Reserved]

0
2. Remove and reserve subpart C, consisting of Sec. Sec. 655.200
through 655.215.

Signed in Washington, DC, this 17th day of October 2013.
Eric M. Seleznow,
Acting Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-27693 Filed 11-19-13; 8:45 am]
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