Federal Register/Vol. 86, No. 47/Friday, March 12, 2021
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations 13995 Troy A. Miller, the Senior Official stakeholder community. The March 15, 2021, until May 14, 2021. The Performing the Duties of the Department has reviewed the comments Department based this action on the Commissioner, having reviewed and received in response to the proposal and Presidential directive as expressed in approved this document, is delegating will delay the effective date of the final the memorandum of January 20, 2021, the authority to electronically sign this rule for a period of 60 days. from the Assistant to the President and document to Robert F. Altneu, who is DATES: As of March 12, 2021, the Chief of Staff, entitled ‘‘Regulatory the Director of the Regulations and effective date of the final rule published Freeze Pending Review.’’ The Disclosure Law Division for CBP, for on January 14, 2021, at 86 FR 3608, is memorandum directs agencies to purposes of publication in the Federal delayed until May 14, 2021. consider delaying the effective date for Register. FOR FURTHER INFORMATION CONTACT: regulations for the purpose of reviewing Brian Pasternak, Administrator, Office questions of fact, law, and policy raised Robert F. Altneu, therein. Accordingly, ETA proposed to Director, Regulations & Disclosure Law of Foreign Labor Certification, Employment and Training delay the effective date for the final rule Division, Regulations & Rulings, Office of entitled ‘‘Strengthening Wage Trade, U.S. Customs and Border Protection. Administration, Department of Labor, 200 Constitution Avenue NW, Room N– Protections for the Temporary and Approved: March 9, 2021. Permanent Employment of Certain Timothy E. Skud 5311, Washington, DC 20210, telephone: (202) 693–8200 (this is not a toll-free Aliens in the United States’’ to May 14, Deputy Assistant Secretary of the Treasury. 2021, given the complexity of the number). Individuals with hearing or [FR Doc. 2021–05173 Filed 3–10–21; 8:45 am] regulation. speech impairments may access the BILLING CODE 9111–14–P telephone numbers above via TTY/TDD II. Public Comments Received by calling the toll-free Federal The Department invited written Information Relay Service at 1 (877) DEPARTMENT OF LABOR comment in its February 1, 2021 notice 889–5627. on its proposal to delay the effective Employment and Training SUPPLEMENTARY INFORMATION: date of the final rule, including the Administration I. Background and Basis for Proposed proposed delay’s impact on any legal, Delay factual, or policy issues raised by the 20 CFR Parts 655 and 656 underlying final rule and whether On January 14, 2021, the Department further review of those issues warrants [Docket No. ETA–2020–0006] published a final rule in the Federal such a delay. The Department further Register, which adopted with changes RIN 1205–AC00 stated that all other comments on the an Interim Final Rule (IFR) that underlying final rule would be Strengthening Wage Protections for amended Employment and Training considered to be outside the scope of the Temporary and Permanent Administration (ETA) regulations this rulemaking. The February 1, 2021 Employment of Certain Immigrants and governing the prevailing wages for notice provided a 15-day comment Non-Immigrants in the United States; employment opportunities that United period on the proposed delay, with Delay of Effective Date States (U.S.) employers seek to fill with comments to be submitted electronically foreign workers on a permanent or at http://www.regulations.gov/ using AGENCY: Employment and Training temporary basis through certain docket number ETA–2020–0006. Administration, Department of Labor. employment-based immigrant visas or ETA received 57 unique comments on ACTION: Final rule; delay of effective through H–1B, H–1B1, or E–3 non- its proposal to delay the effective date date. immigrant visas. Specifically, the IFR by 60 days to May 14, 2021. Of the 57 amended the Department’s regulations comments, 36 were reviewed and SUMMARY: On February 1, 2021, the governing permanent (PERM) labor determined out of scope either because Department of Labor (DOL or certifications and Labor Condition they were comments exclusively on the Department) proposed to delay the Applications (LCAs) to incorporate final rule and did not address the effective date of the final rule entitled changes to the computation of wage proposed delay, concerned another ‘‘Strengthening Wage Protections for the levels under the Department’s four- agency’s rule, or were general Temporary and Permanent Employment tiered wage structure based on the statements. The remaining 21 comments of Certain Aliens in the United States,’’ Occupational Employment Statistics were reviewed and determined within published in the Federal Register on (OES) wage survey administered by the the scope of the request for comments. January 14, 2021, for a period of 60 Bureau of Labor Statistics (BLS). 86 FR Of these, 17 commenters supported the days. The Department proposed to delay 3608. Although the final rule contained delay. Four commenters opposed the the effective date of the final rule until an effective date of March 15, 2021, the delay based on their overall support of May 14, 2021, in accordance with the Department also included a delayed the final rule. Presidential directive as expressed in implementation period under which the memorandum of January 20, 2021, adjustments to the new wage levels will A. Comments Supporting a Delayed from the Assistant to the President and not begin until July 1, 2021. 86 FR 3608, Effective Date Chief of Staff, entitled ‘‘Regulatory 3642. A general overview of the labor Seventeen commenters supported the Freeze Pending Review.’’ As stated in certification and prevailing wage proposed delay of the effective date of the proposal, the 60-day delay would process as well as further background the final rule, citing disapproval of the allow agency officials the opportunity to on the rulemaking is available in the final rule overall, concerns that the review any questions of fact, law, or Department’s final rule, as published in process in adopting the final rule was policy. The Department invited written the Federal Register on January 14, rushed, fears that the wage data comments from the public for 15 days 2021, and will not be restated herein. supporting the final rule was inaccurate, on the proposed delay of effective date. On February 1, 2021, the Department and the need to more thoroughly review All comments had to be received by published a notice in the Federal the final rule. One commenter stated it February 16, 2021. The Department Register proposing to delay the effective is in favor of the proposed delay of received 57 comments from the date of the final rule for 60 days from effective date and provided a policy VerDate Sep<11>2014 19:32 Mar 11, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\12MRR1.SGM 12MRR1 13996 Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations report to assist the agency in evaluating comments supporting a delay of the B. Comments Opposing a Delayed the ‘‘proposed delay’s impact on any effective date to allow the agency an Effective Date legal, factual, or policy issues raised by opportunity to review decisions issued The Department received four the underlying rule.’’ Several by multiple courts in litigation related comments that directly addressed and commenters expressed strong support of to the rulemaking. For example, a trade subsequently opposed the proposed the Department’s proposal, and a few association explained the proposed 60- delay of the effective date of the final commenters encouraged the agency to day delay will enable the agency to rule. Four commenters stated they conduct a full legal review and review the final rule and determine it is generally support the substance of the ‘‘consider and meaningfully respond’’ to ‘‘unjustified, ignores labor market final rule, and reiterated reasons why the issues raised in the IFR comments realities, and would harm the country’s the final rule should be implemented. before implementing any changes to economic recovery.’’ The commenter One of the commenters stated it believes wage requirements. stated in the event the Department does the reforms to the Department’s wage The Department received two not make such a determination, the levels are long overdue and a delay comments stating the delay of effective delay is needed for courts to render final would prevent protections for workers date is needed because the final rule is decisions in related litigation. being implemented and reduce job not reflective of the policy objectives of Several comments supported the opportunities and wages. It noted that the Biden Administration. The two proposed delay on the basis that the the current wage methodology is in commenters, a trade organization and a additional time will allow the conflict with the INA and further trade association, supported the Department to review more thoroughly explained that, while it generally proposed effective date delay, reasoning the final rule and its financial supported the final rule as a step in the that, consistent with the Biden implications for affected industries, right direction, the final rule still Administration’s ‘‘Regulatory Freeze including businesses and institutions of Pending Review’’ memorandum, it conflicts with the INA. A commenter higher education, and its impact on the opposed the delay because it supports would provide time to evaluate economy. One commenter in this questions of fact, law, and policy raised the methodology used in the final rule category urged the agency to begin and believes a delay could cause in the final rule. One of the commenters rulemaking to withdraw the final rule. argued that events and developments uncertainty in hiring processes as well Lastly, a few comments requested the that have occurred since the Department as reduce the amount of time employers Department consider further delay of published the final rule on January 14, have to prepare for compliance.