Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices 7399

Application Permit No. Applicant Species Location Activity Type of take action

Mammals: Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Gray bat (Myotis grisescens), Gray wolf (Canis lupus), Indiana bat (Myotis sodalis), Virginia big-eared bat (Corynorhinus townsendii virginianus); Reptiles: Hawksbill sea turtle (Eretmochelys imbricata), Kemp’s ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), Northern red-bellied turtle (Pseudemys rubriventris); Plants: American chaffseed (Schwalbea americana), Canby’s dropwort (Oxypolis canbyi), Furbish lousewort (Pedicularis furbishiae), Harperella (Ptilimnium nodosum), Jesup’s milk-vetch (Astragalus robbinsii var. jesupi), Michaux’s sumac (Rhus michauxii), Northeastern bulrush (Scirpus ancistrochaetus), Peter’s Mountain mal- low (Iliamna corei), Roan Mountain bluet (Hedyotis purpurea var. montana), Rock gnome lichen (Gymnoderma lineare), Running buffalo clover (Trifolium stoloniferum), Sandplain gerardia (Agalinis acuta), Schweinitz’s sunflower (Helianthus schweinitzii), Shale barren rock cress (Arabis serotina), Small-anthered bittercress (Cardamine micranthera), Smooth coneflower (Echinacea laevigata). TE01086D .. Aquatic Wildlife Conservation Appalachian monkeyface (Quadrula sparsa), Birdwing VA, TN ...... Collect adults as Capture, collect, trans- Renew. Center, Virginia Depart- pearlymussel (Lemiox rimosus), Cracking pearlymussel broodstock and ark port, propagate, re- ment of Game and Inland (Hemistena lata), Cumberland monkeyface (Quadrula populations; propa- lease, reintroduce. Fisheries, Marion, VA. intermedia), Cumberlandian combshell (Epioblasma gate; release juve- brevidens), Dromedary pearlymussel (Dromus dromas), niles and adults. Fanshell (Cyprogenia stegaria), Finerayed pigtoe (Fusconaia cuneolus), Fluted kidneyshell (Ptychobranchus subtentum), Green blossom (Epioblasma torulosa gubernaculum), Littlewing pearlymussel (Pegias fabula), Oyster mussel (Epioblasma capsaeformis), Pink mucket (Lampsilis abrupta), Purple bean (Villosa perpurpurea), Rough pigtoe (Pleurobema planum), Rough rabbitsfoot (Quadrula cylindrica strigillata), Sheepsnose Mussel (Plethobasus cyphyus), Shiny pigtoe (Fusconaia cor), Slabside Pearlymussel (Pleuronaia dolabelloides), Snuffbox mussel (Epioblasma triquetra), Spectaclecase mussel (Cumberlandia monodonta), Tan riffleshell (Epioblasma florentina walkeri)

Public Availability of Comments Authority be assigned to staff for review. The Section 10(c) of the Endangered Department believes these procedural Written comments we receive become changes will provide for fairer and more part of the administrative record Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). orderly assignment and review of associated with this action. Before applications. The Department is seeking including your address, phone number, Martin Miller, public comments on these procedural email address, or other personal Chief, Division of Endangered Species, changes. Ecological Services, Northeast Region. identifying information in your DATES: To be ensured for consideration, comment, you should be aware that [FR Doc. 2019–03779 Filed 3–1–19; 8:45 am] comments must be submitted in writing your entire comment—including your BILLING CODE 4333–15–P on or before April 3, 2019. OFLC will personal identifying information—may review all of the comments received and be made publicly available at any time. will make any changes it determines are While you can request in your comment DEPARTMENT OF LABOR appropriate prior to July 3, 2019. The that we withhold your personal new procedural changes are applicable identifying information from public Employment and Training on July 3, 2019. review, we cannot guarantee that we Administration ADDRESSES: You may submit comments will be able to do so. Moreover, all Selection Procedures for Reviewing by one of the following methods: Mail and hand delivery/courier: submissions from organizations or Applications Filed by Employers Submit comments to Thomas M. Dowd, businesses, and from individuals Seeking Temporary Employment of Deputy Assistant Secretary, identifying themselves as H–2B Foreign Workers in the United Employment and Training representatives or officials of States organizations or businesses, will be Administration, Box PPII 12–200, 200 made available for public disclosure in AGENCY: Employment and Training Constitution Avenue NW, Washington, their entirety. Administration (ETA), Labor. DC 20210. Due to security-related ACTION: Notice. concerns, there may be a significant Next Steps delay in the receipt of submissions by SUMMARY: The Department of Labor’s United States Mail. You must consider If we decide to issue permits to any (Department’s or DOL’s) Office of this when preparing to meet the of the applicants listed in this notice, Foreign Labor Certification (OFLC) is deadline for submitting comments. we will publish a notice in the Federal making this announcement to inform Email: Submit comments to Register. employers and other interested [email protected]. stakeholders of how H–2B Applications FOR FURTHER INFORMATION CONTACT: for Temporary Employment Thomas M. Dowd, Deputy Assistant Certification, Form ETA–9142B, filed by Secretary, Employment and Training employers on or after July 3, 2019, will Administration, Department of Labor,

VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1 7400 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices

Box #12–200, 200 Constitution Ave. govern the standards and procedures with the National Processing Center NW, Washington, DC 20210, Telephone: applicable to OFLC’s issuance of TLCs (NPC) designated by the OFLC (202) 693–2772 (this is not a toll-free under the H–2B program. See 20 CFR Administrator. See 20 CFR 655.15. number). Individuals with hearing or 655 subpart A. The regulations at 20 Except for employers that qualify for speech impairments may access the CFR 655 subpart A require employers emergency procedures at § 655.17, telephone number above via TTY by seeking H–2B temporary labor employers that fail to register under the calling the toll-free Federal Information certification to, among other things, file procedures in § 655.11 and/or that fail Relay Service at 1–877–889–5627 (TTY/ an Application for Temporary to submit a Prevailing Wage TDD). Employment Certification and all Determination (PWD) obtained under supporting documentation, hereinafter § 655.10 will not be eligible to file and SUPPLEMENTARY INFORMATION: referred to as the ‘‘H–2B application,’’ their H–2B applications will be returned Statutory Background required by this subpart to secure a TLC without review. The Immigration and Nationality Act from the Department. The Department’s regulations require (INA), 8 U.S.C. 1101, et seq., establishes The INA sets the annual number of the employer, at the time of filing, to the H–2B nonimmigrant classification aliens who may be issued H–2B visas or include a signed and dated appendix otherwise provided H–2B nonimmigrant attesting to compliance with all for a nonagricultural temporary worker status to perform temporary regulatory assurances and obligations; a ‘‘having a residence in a foreign country nonagricultural work at 66,000, to be valid PWD; a copy of the job order which he has no intention of distributed semi-annually, not to exceed submitted concurrently to the State abandoning who is coming temporarily 33,000 in the first half of the Federal Workforce Agency serving the area of to the United States to perform . . . Government’s fiscal year beginning on intended employment; a copy of all temporary [non-agricultural] service or October 1 of each year and the contracts and agreements with foreign labor if unemployed persons capable of remainder during the second half of the labor recruiters executed in connection performing such service or labor cannot Federal Government’s fiscal year with the job opportunities; and all other be found in this country.’’ 8 U.S.C. beginning on April 1 of the subsequent applicable documentation supporting 1101(a)(15)(H)(ii)(b). The Secretary of calendar year. See 8 U.S.C. the H–2B application. See 20 CFR the Department of Homeland Security 1184(g)(1)(B), (g)(10). If insufficient 655.15(a). A completed H–2B (DHS), in administering the H–2B petitions are approved to use all 66,000 application must be filed no more than program, may grant an employer’s H–2B slots in a given fiscal year, the 90 calendar days and no fewer than 75 petition for an otherwise eligible H–2B unused slots are not carried over for calendar days before the employer’s nonimmigrant worker ‘‘after petition approvals in the next fiscal date of need (start date for the work). consultation with appropriate agencies year. See 20 CFR 655.15(b). of the Government.’’ 8 U.S.C. 1184(c)(1). Generally, workers in the United The Department’s regulations provide The Secretary of DHS also may delegate States in H–2B status who extend their that H–2B applications and job orders to ‘‘any employee of the United States, stay, change employers, or change the filed with the NPC are reviewed by the with the consent of the head of the terms and conditions of employment Certifying Officer (CO) for compliance applicable Department or other will not be subject to the cap. Similarly, with all applicable program independent establishment, . . . any of an H–2B worker who has previously requirements. See 20 CFR 655.30(a). the powers, privileges, or duties been counted against the cap in the Employers have the option of filing H– conferred or imposed’’ on DHS under same fiscal year that the proposed 2B applications electronically or by the INA. 8 U.S.C. 1103(a)(6); see also 8 employment begins, will not be subject mail, and, according to procedures CFR 2.1. DHS regulations provide that to the cap if the employer names the announced on June 1, 2018, the NPC an H–2B petition for temporary worker on the petition and indicates sequentially assigns H–2B applications employment in the United States must that he/she has already been counted. A to NPC analysts based on the calendar be accompanied by an approved spouse and any children of H–2B receipt date and time measured to the Temporary Labor Certification (TLC) workers classified as H–4 millisecond and on Eastern Time, e.g., from DOL. 8 CFR 214.2(h)(6)(iii)(A), nonimmigrants are also not counted 12:00:00.000 a.m. Once each H–2B (iv)(A). Pursuant to and in accordance against this cap. Finally, H–2B petitions application is assigned, NPC analysts with the above authorities, the TLC for two other categories of workers are initiate review of each application in the serves as DHS’s consultation with DOL exempt from the H–2B cap: Fish roe order of receipt date and time, and in to determine the question of whether a processors, fish roe technicians, and accordance with all regulatory qualified U.S. worker is available to fill supervisors of fish roe processing, as requirements. the petitioning H–2B employer’s job well as workers performing labor or Based on the NPC analyst’s review, opportunity and whether a foreign services in the Commonwealth of the the CO authorizes issuance of either a worker’s employment in the job Northern Mariana Islands or Guam from Notice of Acceptance (NOA) under opportunity will adversely affect the November 28, 2009, until December 31, § 655.33 or a Notice of Deficiency (NOD) wages or working conditions of 2019. under § 655.31. Where there are similarly-employed U.S. workers. See 8 deficiencies in the H–2B application or CFR 214.2(h)(6)(iii)(A), (D). H–2B Temporary Labor Certification job order, the NOD provides the In order to advise DHS on the Process employer with 10 business days to availability of U.S. workers and the The standards and procedures correct the deficiencies or file an appeal potential for adverse effect on the wages governing the submission and with the Department’s Office of and working conditions of similarly- processing of H–2B labor certification Administrative Law Judges. Where employed U.S. workers, OFLC provides applications are set forth in § 655.15 and necessary, the CO may authorize the consultation to DHS through issuance of §§ 655.30–655.35. These regulations issuance of a second NOD of the TLCs, in accordance with 8 U.S.C. generally require, among other things, employer’s H–2B application or job 1103(a) and 1184(c). See 8 CFR that a registered employer with a non- order in order to obtain regulatory 214.2(h)(6)(iii)(A), (D). DOL and DHS emergency situation seeking an H–2B compliance. NPC analysts process have jointly issued regulations that TLC file a completed H–2B application employer responses to NODs as

VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices 7401

expeditiously as possible based upon wish to obtain visas under the semi- procedures were in effect in January the date responses are received and, if annual allotment for periods of need 2019, when OFLC received deemed compliant, the CO authorizes beginning April 1 must promptly apply approximately 5,276 applications the issuance of a NOA. The NOA for a TLC and file a petition with USCIS covering more than 96,400 worker authorizes the next step in the process— before the 66,000 annual visa cap is positions for start dates of work on April the recruitment of U.S. workers—and reached. As a result, OFLC typically 1, exceeding the semi-annual visa specifies a date on which the employer experiences significant ‘‘spikes’’ in H– allotment by nearly 300 percent. Within must provide an initial written report of 2B applications for temporary or the first five minutes of opening the its recruitment efforts. The Department’s seasonal jobs that are expected to start semi-annual H–2B certification process regulations establish minimum during the United States’ spring and on January 1, 2019, the Department’s recruitment activities that employers summer months. network infrastructure supporting must conduct within 14 calendar days Prior to 2018, OFLC processed OFLC’s electronic filing system from the date the NOA was issued, applications irrespective of the time of experienced more than 22,900 server unless otherwise instructed by OFLC. day the application was filed and login attempts, in contrast with only 721 See 20 CFR 655.40–46. Employer- processed applications based on the day attempts in approximately the same conducted recruitment typically occurs they were filed. On January 1, 2018, time period for the 2018 filing season. between 40 and 60 calendar days before OFLC received approximately 4,498 This unprecedented volume of the date of need and must be completed applications covering 81,008 worker simultaneous system users—30 times before the employer submits the positions for April 1 start dates of work, the number of users in the previous recruitment report to the NPC for review exceeding the semi-annual visa year—ultimately caused the electronic meeting the content requirements under allotment by nearly 250 percent. This filing system to become unresponsive § 655.48. was the first time in recent years that and prevented almost all employers Recruitment reports are reviewed and applications received within the first from filing H–2B applications. Although processed by NPC analysts based on the day of the filing period exceeded the the Department was able to restore day they are received, irrespective of the semi-annual visa allocation. In order to OFLC’s electronic filing system by date and time the employer’s H–2B promote fairness in response to the January 7, 2019, some employers application was originally received. unprecedented volume of applications, continued to report technical difficulties Upon review of the recruitment report, OFLC determined it was necessary to with accessing the electronic filing the CO may authorize the issuance of a adjust its application processing system. full or partial TLC or deny the procedures to better reflect the employer’s H–2B application. OFLC sequential order in which applications OFLC previously concluded that the grants a TLC only after the employer’s were filed. Thus, on January 17, 2018, assignment of applications to NPC H–2B application has met all the OFLC announced that it would begin to analysts based on date and time of requirements for approving labor release certified applications on receipt was the most equitable method certification under § 655.50 and its February 20, 2018, in sequential order of addressing the significant volume of subpart. In accordance with regulatory based on the day and time the H–2B applications received. However, it requirements, the NPC sends all applications were filed (January 17 did not anticipate the burdens this certified H–2B applications to the procedures). approach would create on its electronic employer, or the employer’s authorized As participation in the H–2B program filing system, network infrastructure, attorney or agent, by means normally has grown significantly over the years, and staff resources on January 1, 2019. assuring next-day delivery. To ensure a OFLC anticipated that it would continue Given the growing demand for H–2B fair consideration of all employer to receive a significant surge of visas, and related demand for TLCs, applications, the NPC does not provide applications within a short timeframe OFLC expects that the demands on ‘‘expedited processing’’ services on during its next application cycle. In OFLC’s information technology employer requests for a TLC. order to provide an equitable solution to infrastructure will continue to increase. Although not required by the INA or this problem, on June 1, 2018, OFLC In addition, OFLC has determined that regulation, OFLC strives to issue final announced that it would sequentially the current approach does not account determinations no later than 30 calendar assign H–2B applications to analysts for technological issues that an days before the employer’s start date for based on the calendar date and time on individual user may experience on his/ the work—a standard that is similar in which the applications were received, her end that could impact his/her ability nature to the H–2A program. Once based on Eastern Time, and measured to to participate in the program. In OFLC grants a TLC, the employer is the millisecond (e.g., 12:00:00.000 a.m.) addition, because the first filing date for eligible to file a petition (Form I–129, (June 1 procedures). Based on the June each semi-annual cap period occurs on Petition for Nonimmigrant Worker) with 1 procedures, once these applications or near a Federal holiday when many the appropriate United States were assigned to the analysts, the businesses may be closed, OFLC is Citizenship and Immigration Services analysts would initiate review of amending its procedures to provide (USCIS) service center for adjudication. applications in the order of receipt date increased flexibility to allow those See 8 CFR 214.2(h)(2)(i)(A). and time, issue first actions on a rolling employers an opportunity to participate basis, and issue certifications as all in the program. For these reasons, OFLC History of Changes to H–2B Processing regulatory requirements were met. has concluded that changes to the and Reasons for Updating Current OFLC implemented the June 1 procedures under which H–2B Approach procedures after considering all applications are assigned to NPC Because of the intense competition for available data as well as OFLC’s analysts are necessary to promote a H–2B visas in recent years, the semi- experience in processing H–2B more orderly and fair process for all annual visa allotment, and the applications to date. However, as a employers seeking access to the H–2B regulatory requirement that employers result of stakeholder comments and the visa program. OFLC believes that the apply with OFLC for temporary labor most recent filing period, OFLC has process described below balances certification 75 to 90 calendar days determined it is necessary to reassess employers’ interest in utilizing the H– before the date of need, employers who those procedures. The June 1 2B program with OFLC’s interest in

VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1 7402 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices

ensuring that access to its filing system visas for Fiscal Year (FY) 2020—OFLC groups from ultimately receiving H–2B is equitable and occurs with no user will randomly order for processing all of visas. OFLC has simply determined that disruption. the completed H–2B applications that the statutory cap is a reasonable are received on January 2 through benchmark for this initial assignment Random Selection Process for January 4 (the first three calendar days and believes this—in addition to the Assigning H–2B Applications to file H–2B applications under notice provided, as explained below— For employers seeking a TLC to § 655.15(b) in the second half of FY will provide the public and interested employ H–2B workers beginning on or 2020 because 2020 is a leap year stakeholders a more transparent view of after October 1, 2019, OFLC plans to containing an additional day in the process. randomly establish the order in which February). If the H–2B applications received all H–2B applications will be assigned More specifically, on the next during the initial three-day period to NPC analysts for review and business day following this three-day collectively request certification for processing in accordance with § 655.30. filing window, using a standard fewer worker positions than the Based on its experience and feedback computer-generated process for statutory numerical limitation, all H–2B from stakeholders, the Department has randomizing values in a data set, OFLC applications filed within that time determined that this process will be will generate and assign a unique period and requesting workers for the most effective in promoting a fair and random number to each completed H– earliest possible start date of work will orderly assignment of applications for 2B application filed within the three- randomly be given a unique number and OFLC review. day filing window with the earliest start placed into the same group for This assignment process will be date of work. The applications will be assignment to and processing by NPC dependent on when employers submit sorted in ascending order based on the analysts. their applications and the start dates unique random number assigned to each OFLC has chosen to utilize a three- they request. OFLC will first process application. Based on that randomly- day filing window at the outset of each applications from employers seeking generated order, OFLC will select the application cycle for several reasons. TLCs to employ H–2B workers number of H–2B applications that, First, the three-day filing window will beginning on the earliest start date of combined, contain a sufficient number alleviate the strain placed on OFLC’s work permitted under the semi-annual of worker positions to reach the electronic filing system and network allotments set forth at sections semiannual visa allotment under the infrastructure that results from a surge 214(g)(1)(B) and 214(g)(10) of the INA INA (i.e., 33,000). These applications of applications submitted at the same where those employers submitted will be placed in an H–2B ‘‘Assignment time. Second, the window will provide applications during the initial three Group’’ (i.e., Group A) and assigned to employers that file on the earliest calendar days of the time period for NPC analysts for processing in a manner possible date, which in most instances filing for the relevant semi-annual visa consistent with §§ 655.30–33. The falls on a Federal holiday or the day allotment. initial H–2B Assignment Group (i.e., before a Federal holiday, with a Once those applications have all Group A) will always include the reasonable period of time to submit received a NOA or NOD, OFLC will number of H–2B applications containing their H–2B applications or resolve any then begin to process applications from a sufficient amount of worker positions technological issues they might face all other employers, including: (1) to reach the applicable numerical visa during filing. Third, under the previous Employers seeking TLCs to employ H– cap, even if the numerical limits of the procedures, mailed applications were 2B workers beginning on dates later INA are subsequently changed. put at a distinct disadvantage. A three- than the earliest start date of work OFLC will then assign to additional day filing window allows applications permitted under the semi-annual Assignment Groups, in ascending filed by mail to be included in the allotments during the initial three-day sequential order, all remaining H–2B random selection process, thus placing filing window, and (2) employers applications that were filed during the them on equal footing with employers seeking TLCs to employ H–2B workers initial three-day filing window that who file electronically. Fourth, and as beginning on the earliest start date of requested the earliest start date of work explained below, because applicants work permitted under the semi-annual permitted. Each H–2B Assignment will be able to see which processing visa allotments if their applications are Group after Group A (e.g., Group B, group they have been placed in, and the filed outside of the initial three-day Group C, etc.) will total no more than general number of applications in that filing window. 20,000 worker positions, or roughly processing group, these procedural 1,000 applications per group. changes may reduce some associated Random Selection Process for Assigning OFLC will assign to NPC analysts all costs for employers who spend time and H–2B Applications Received During the of the H–2B applications placed in resources related to preparing Initial Three Days of the Filing Period Group A for issuance of NODs or NOAs. applications, responding to NODs, and for the Earliest Start Date of Work Once all applications in Group A are conducting advertising and recruitment OFLC will randomly order for issued a NOD or NOA, OFLC will assign for qualified U.S. workers without processing all of the completed H–2B to NPC analysts all H–2B applications knowing whether their H–2B petitions applications requesting the earliest placed in Group B for issuance of NODs will be accepted by USCIS due to the permissible start date of work and filed or NOAs. This process will be repeated statutory semi-annual visa allotments. during the initial three calendar days of until each group of H–2B applications is the time period for filing for the relevant assigned to NPC analysts for processing Random Selection Process for Assigning semi-annual visa allotment. The and NODs or NOAs are issued. All Other H–2B Applications rationale for using a three-day filing That the number of applications in As noted above, for all other window is explained below. As an the initial Assignment Group (i.e., employers seeking a TLC to employ H– example, for employers seeking a TLC to Group A) is tied to the numerical cap is 2B workers—including employers who employ H–2B nonimmigrant workers on not meant to be determinative of which are seeking a TLC to employ H–2B April 1, 2020—which is the earliest start employers will ultimately receive H–2B workers beginning on a date that is later date of work permitted under the visas, nor does it preclude employers than the earliest start date of work second semi-annual allotment of H–2B whose applications are in subsequent permitted under the semi-annual

VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices 7403

allotments and employers seeking a TLC Public Notifications determines are appropriate prior to July to employ H–2B workers beginning on 3, 2019. the earliest start date of work permitted OFLC intends to issue several public Molly E. Conway, if their application is filed outside of the announcements as applications are initial three-day filing window—OFLC received and processed under the Acting Assistant Secretary for the Employment and Training, Labor. will randomly assign for processing all procedures described above. Once the of the completed H–2B applications random assignment process is [FR Doc. 2019–03809 Filed 3–1–19; 8:45 am] filed on a single calendar day after it completed, as described above, OFLC BILLING CODE 4510–FP–P finishes processing NOAs and NODs for will provide written notification to applications filed during the initial employers and, if applicable, employers’ three-day filing window (as discussed authorized representatives of their H–2B NATIONAL ARCHIVES AND RECORDS above). As an example, for employers Assignment Group. Within five business ADMINISTRATION seeking a TLC to employ H–2B days after the random assignment [NARA–2019–015] nonimmigrant workers on April 2, process is completed, OFLC will place 2020—which is the next start date of on its website a listing of the H–2B Change in Comment Process for work permitted under the second semi- applications assigned to each H–2B Records Schedules annual allotment of H–2B visas for FY Assignment Group. Second, OFLC will AGENCY: National Archives and Records 2020— OFLC will randomly assign to provide the public with updates on its Administration (NARA). NPC analysts for processing all of the website related to the number and ACTION: Notice. completed H–2B applications that are percentage of H–2B applications issued filed on January 3 with an April 2, 2020 a first action within each H–2B SUMMARY: We are changing the process start date of work, after OFLC finishes Assignment Group. Finally, OFLC will for public review of and comment on processing NOAs and NODs for the provide regular updates on its website records schedules (Federal agency applications filed during the initial related to the number of H–2B requests for records disposition three-day filing window for the earliest applications certified with the same authority) to rely on the Federal start day of work. date of filing, including the number of eRulemaking Portal, at https:// Application Processing After Random worker positions, so the public is aware www.regulations.gov. Selection and Assignment Occur of the general timeframes in which the DATES: This change will take place on semi-annual visa allotment may be March 4, 2019. Once the random assignment process reached. ADDRESSES: National Archives and is completed, NPC analysts will review Because of the public’s wide use of Records Administration, Records each H–2B application in accordance Management Operations (ACR), Room with § 655.30 and current standard OFLC’s website, the posting of information on the OFLC website 2200, 8601 Adelphi Road, College Park, operating procedures. Following MD 20740–6001. issuance of NOAs and/or NODs in provides a timelier and more efficient FOR FURTHER INFORMATION CONTACT: accordance with procedures outlined method of disseminating such Margaret Hawkins, Director, Records above, H–2B applications will be information to the public than Management Operations, by mail at the processed as each successive stage in publication of the information in the address above, by phone at the process is completed. Employers Federal Register. The public frequently 301.837.1799, or by email at receiving NOAs may proceed to meet turns to OFLC’s website for general [email protected]. Please also the additional regulatory requirements, information on labor certification contact us for information on submitting including recruitment of U.S. workers requirements, regulations and forms, specific case status information, and your comment by another means if you and submission of recruitment reports. are unable to use regulations.gov or processing times for H–2B applications. Employers receiving NODs must correct wish to include confidential Therefore, all notifications regularly any deficiencies and receive NOAs information in a comment. before proceeding to meet the additional updating the public on implementing SUPPLEMENTARY INFORMATION: regulatory requirements. these procedures will be made available NARA publishes notices in the Federal on or through the OFLC website at Recruitment reports will be reviewed Register for records schedules in which www.foreignlaborcert.doleta.gov. and processed based on the day they are agencies propose to destroy records they received, and the CO will authorize the Request for Comments and Effective no longer need to conduct agency release of certified H–2B applications in Date business. NARA invites public accordance with standard operating comments on such records schedules, as procedures and where all the These new procedures will take effect required by 44 U.S.C. 3303a(a). requirements for granting a TLC under on July 3, 2019. OFLC seeks comments Each year, Federal agencies create the subpart are met as of that day. The on the above procedures. Comments billions of records. To control this CO will continue to process and may be sent to H2BReform.Comments@ accumulation, agencies prepare authorize the issuance of final dol.gov or mailed to Thomas M. Dowd, schedules proposing periods for determinations on all H–2B applications Deputy Assistant Secretary, retaining and disposing of records. that are received, irrespective of Employment and Training These schedules, when approved by whether the employer is seeking to Administration, U.S. Department of NARA, provide for transfer into the employ H–2B nonimmigrant workers in Labor, Box PPII 12–200, 200 National Archives of permanent, cap-exempt positions. Additionally, the Constitution Avenue NW, Washington, historically valuable records and CO will process and authorize the DC 20210 until 30 days after issuance of authorize disposal of all other records issuance of rejections, request for this notice in the Federal Register. after the agency no longer needs them withdrawals, and denials of labor OFLC will review all of the comments to conduct its business. certification applications in accordance Agencies may not destroy Federal received and will make any changes it with standard operating procedures. records without the approval of the

VerDate Sep<11>2014 17:33 Mar 01, 2019 Jkt 247001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\04MRN1.SGM 04MRN1