[Federal Register Volume 61, Number 190 (Monday, September 30, 1996)]
[Rules and Regulations]
[Pages 51013-51014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24820]



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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Parts 504, 506, 507, and 508

RIN 1205-AB-13


Removal of Duplicative Immigration Regulations

AGENCIES: Wage and Hour Division, Employment Standards Administration, 
and Employment and Training Administration, Labor.

ACTION: Final rule.

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SUMMARY: The Department of Labor is removing duplicative immigration 
regulations from the Code of Federal Regulations. These regulations 
will continue to appear in the Employment and Training Administration's 
regulations. This rulemaking is in response to the National Performance 
Review, which calls for the removal of obsolete and unnecessary 
regulations.

EFFECTIVE DATE: October 30, 1996.

FOR FURTHER INFORMATION CONTACT: Terence Finegan, Director, Division of 
Policy, Legislation, and Dissemination, U.S. Department of Labor, 
Employment and Training Administration, 200 Constitution Avenue, NW., 
Room N5637, Washington, DC 20210; tel. (202) 219-7669 x126 (this is not 
a toll-free call); or Tom Shierling, Acting Team Leader, U.S Department 
of Labor, Employment Standards Administration, Wage and Hour Division, 
200 Constitution Avenue, NW., Room S3510, Washington, DC 20210; tel. 
(202) 501-3884 (this is not a toll-free call).

SUPPLEMENTARY INFORMATION: In March 1995, the President issued a new 
directive to federal agencies regarding their responsibilities under 
his Regulatory Reinvention Initiative. This initiative is part of the 
National Performance Review and calls for comprehensive regulatory 
reform. The President directed all agencies to undertake a page-by-page 
review of their regulations with a goal of eliminating or modifying 
those that are obsolete or which are otherwise in need of reform. This 
notice removes duplicative regulations from the CFR as part of DOL's 
response to this directive. The Employment Standards Administration, 
Wage and Hour Division's regulations removed from Title 29, CFR, are 
duplicated in the Employment and Training Administration's regulations 
in 20 CFR Part 655, and reflect the two agencies' joint operation of 
various worker protection provisions related to the temporary admission 
to the United States of nonimmigrant foreign workers.
    Removal of the duplicate regulations for the H-1A nurses labor 
attestation program, the D-1 foreign maritime crewmembers program, the 
H-1B nonimmigrant labor condition application program, and the F-1 
students labor attestation program from title 29 is clearly in the 
Department's interest, and a savings to the public. Since their 
inception, the Secretary has implemented the aforementioned temporary 
nonimmigrant programs by delegating the administrative functions to the 
Employment and Training Administration (ETA) and the enforcement 
functions to the Wage and Hour Division of the Employment Standards 
Administration (ESA). ETA and ESA jointly issued the duplicative 
regulations governing their respective functions. Despite this division 
of authority, each agency published in its own program regulations both 
the administrative and enforcement provisions for the H-1A, D-1, H-1B 
and F-1 programs in their entirety. Thus, the ETA regulations at 20 CFR 
part 655, subparts D through K, and the ESA regulations at 29 CFR parts 
504, 506, 507 and 508, contain duplicative provisions governing the 
administration and enforcement of the H-1A, D-1, H-1B and F-1 temporary 
nonimmigrant programs. Because this duplication is inefficient and 
unnecessary, the Department has elected to remove the duplicative 
provisions from its regulations at 29 CFR.
    Additionally, ETA and ESA have explored other possibilities for 
eliminating the duplication of these regulations, including a proposal 
that each agency attempt to remove the provisions pertaining to the 
other's delegated functions. Under that alternative, ETA would have 
removed the enforcement-related provisions pertaining to the H-1A, D-1, 
H-1B and F-1 programs from its regulations at 20 CFR part 655, and ESA 
would have removed the administration-related provisions pertaining to 
those same temporary nonimmigrant programs from its regulations at 29 
CFR parts 504, 506, 507 and 508. Upon closer scrutiny of the program 
provisions, the Department determined that the administration and 
enforcement provisions were sufficiently integrated that any attempt to 
separate the provisions would require substantially rewriting the 
regulations. Thus, removal of the duplicative administration and 
enforcement provisions from ESA's regulations at 29 CFR, parts 504, 
506, 507 and 508, and adding a cross-reference to the still- effective 
joint regulations at 20 CFR part 655, subparts D through K, is the most 
efficient action.
    Elimination of this duplication will also save the Department and 
the public a substantial amount in printing costs. Copies of title 20, 
CFR, are available widely in libraries and from the Government Printing 
Office, as well as on the Internet.
    Accordingly, this rule revises parts 504, 506, 507, and 508, 
governing the administration and enforcement of the H-1A, D-1, H-1B and 
F-1 temporary nonimmigrant programs in title 29 of the CFR, to include 
only cross-references to the relevant regulations published at 20 CFR 
part 655, subparts D through K.

Publication in Final

    The Department of Labor has determined, pursuant to 5 U.S.C. 
553(b)(B), that good cause exists for waiving the public comment on 
this rule. Publication of a proposed rule and solicitation of comments 
would be neither necessary nor fruitful, since this final rule affects 
only duplicative regulations governing the H-1A, D-1, H-1B and F-1 
temporary nonimmigrant programs. Further, this is a rule of agency 
organization and procedure which requires no notice, pursuant to 5 
U.S.C. 553(b)(A). Current regulations governing these programs remain 
in effect in title 20, part 655, subparts D through K of the CFR.

Effective Date: This regulation is effective October 30, 1996.

Regulatory Procedures--Executive Order 12866

    This final rule has been reviewed by DOL pursuant to Executive 
Order 12866. Executive Order 12866 requires that regulations be 
reviewed for consistency with the priorities and principles set forth 
in the Executive Order. The Department has determined that this rule is 
consistent with and furthers these priorities and principles. 
Specifically, it responds directly to the President's Regulatory 
Reinvention Initiative by eliminating duplicative regulations. It 
entails no increase in cost or burden on State and local governments or 
other entities. It is not a significant regulatory action under the 
Executive Order.

Small Business Regulatory Enforcement Fairness Act

    The Department has determined that this final rule is not a ``major 
rule'' requiring prior approval by the Congress and the President 
pursuant to the Small Business Regulatory Enforcement Fairness Act of 
1996 (5 U.S.C. 801 et seq.), because it is not likely to result in

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(1) an annual effect on the economy of $100 million or more; (2) a 
major increase in costs or prices for consumers, individual industries, 
Federal, State or local government agencies, or geographic regions; or 
(3) significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of the United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.
    This final rule is effective 30 days after publication.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (Pub. L. 96-354) requires the 
Federal Government to anticipate and reduce the impact of rules and 
paperwork requirements on small businesses and other small entities. 
This rule has no significant effect on a substantial number of small 
entities. The Final Rule removes duplicative regulations governing the 
H-1A, D-1, H-1B and F-1 temporary nonimmigrant programs from title 29 
of the CFR, and cross-references title 20 CFR, part 655, subparts D 
through K, where the relevant regulations remain in effect. This Final 
Rule addresses issues of agency administration which do not affect the 
obligations of the regulated public. Thus, the Final rule does not have 
a significant economic impact on a substantial number of small 
entities. Further, since this Final Rule was not preceded by a proposed 
rule, it is not a regulation subject to the provisions of the 
Regulatory Flexibility Act. Therefore, a regulatory flexibility 
analysis is not required.

Paperwork Reduction Act

    This regulation contains no information collection requirements 
which are subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 
3500 et seq.).

List of Subjects

29 CFR Part 504

    Administrative practice and procedure, Aliens, Employment, 
Enforcement, Health professions, Labor, Nurse, Penalties, Registered 
nurse, Reporting and recordkeeping requirements, Wages.

29 CFR Part 506

    Administrative practice and procedure, Aliens, Crewmembers, 
Employment, Enforcement, Immigration, Labor, Longshore work, Penalties, 
Reporting and recordkeeping requirements.

29 CFR Part 507

    Administrative practice and procedure, Aliens, Employment, 
Enforcement, Fashion models, Immigration, Labor, Penalties, Reporting 
and recordkeeping requirements, Specialty occupations, Wages, Working 
conditions.

29 CFR Part 508

    Administrative practice and procedure, Aliens, Employment, 
Enforcement, Immigration, Labor, Penalties, Reporting and recordkeeping 
requirements.

    Signed at Washington, DC, this 23rd day of September, 1996.
Robert B. Reich,
Secretary of Labor.

    For the reasons set forth in the preamble, 29 CFR chapter V is 
amended as set forth below:
    1. Part 504 is revised to read as follows:

PART 504--ATTESTATIONS BY FACILITIES USING NONIMMIGRANT ALIENS AS 
REGISTERED NURSES

    Authority: 8 U.S.C. 1101(a)(15)(H)(i)(a) and 1182(m); sec. 
3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2103; and sec. 341 (a) and 
(b), Pub. L. 103-182, 107 Stat. 2057.


Sec. 504.1  Cross-reference.

    Regulations governing labor condition attestations by facilities 
using nonimmigrant aliens as registered nurses are found at 20 CFR part 
655, subparts D and E.
    2. Part 506 is revised to read as follows:

PART 506--ATTESTATIONS BY EMPLOYERS USING ALIEN CREWMEMBERS FOR 
LONGSHORE ACTIVITIES IN U.S. PORTS

    Authority: 8 U.S.C. 1288 (c) and (d).


Sec. 506.1  Cross-reference.

    Regulations governing attestations by employers using alien 
crewmembers for longshore activities in U.S. ports are found at 20 CFR 
part 655, subparts F and G.
    3. Part 507 is revised to read as follows:

PART 507--LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR 
EMPLOYERS USING NONIMMIGRANTS ON H-1B SPECIALTY VISAS IN SPECIALTY 
OCCUPATIONS AND AS FASHION MODELS

    Authority: 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184; 29 
U.S.C. 49 et seq.; Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 
1182 note); and sec. 341 (a) and (b), Pub. L. 103-182, 107 Stat. 
2057.


Sec. 507.1  Cross-reference.

    Regulations governing labor condition applications requirements for 
employers using nonimmigrants on H-1B specialty visas in specialty 
occupations and as fashion models are found at 20 CFR part 655, 
subparts H and I.
    4. Part 508 is revised to read as follows:

PART 508--ATTESTATIONS FILED BY EMPLOYERS UTILIZING F-1 STUDENTS 
FOR OFF-CAMPUS WORK

    Authority: 29 U.S.C. 49 et seq.; and sec. 221(a), Pub. L. 101-
649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note).


Sec. 508.1  Cross-reference.

    Regulations governing attestations by employers using F-1 students 
in off-campus work are found at 20 CFR part 655, subparts J and K.

[FR Doc. 96-24820 Filed 9-27-96; 8:45 am]
BILLING CODE 4510-30-P; 4510-27-P