[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]
[[Page 51013]]
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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
[[Page 51014]]
(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