[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Rules and Regulations]
[Page 7927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02317]



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 Rules and Regulations
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 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / 
Rules and Regulations  

[[Page 7927]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 214

RIN 1615-AC63

DEPARTMENT OF LABOR

Office of the Secretary of Labor

20 CFR Part 655

29 CFR Parts 18 and 503

RIN 1290-AA43


Discretionary Review by the Secretary of Labor

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security and Office of the Secretary, Department of Labor.

ACTION: Direct final rule; withdrawal.

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SUMMARY: Due to the receipt of a significant adverse comment, the 
Department of Homeland Security and the Department of Labor 
(Departments) are jointly withdrawing the January 4, 2021, direct final 
rule (DFR) that would have extended DOL's recently established system 
of discretionary Secretary of Labor review to H-2B temporary labor 
certification cases (H-2B cases) pending before or decided by the 
Department of Labor's Board of Alien Labor Certification Appeals and 
made technical, conforming changes to regulations governing the timing 
and finality of those decisions and of decisions from the Department of 
Labor's Administrative Review Board in H-2B cases.

DATES: As of February 2, 2021, the direct final rule published at 86 FR 
1 on January 4, 2021, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Todd Smyth, General Counsel, U.S. 
Department of Labor, Office of Administrative Law Judges, 800 K Street 
NW, Washington, DC 20001-8002; telephone (513) 684-3252. Individuals 
with hearing or speech impairments may access the telephone number 
above by TTY by calling the toll-free Federal Information Relay Service 
at (800) 877-8339.

SUPPLEMENTARY INFORMATION: In the DFR, the Departments stated that if a 
significant adverse comment was submitted by January 19, 2021, the 
Departments would publish a timely withdrawal in the Federal Register 
informing the public that the DFR will not take effect. The Departments 
received a significant adverse comment prior to the close of the 
comment period and are therefore withdrawing the DFR. The Departments 
may address all comments, as appropriate, in a new final rule based 
upon the proposed rule also published in the Federal Register on 
January 4, 2021 (86 FR 29).

List of Subjects

20 CFR Part 655

    Administrative practice and procedure, Labor certification 
processes for temporary employment.

29 CFR Part 18

    Administrative practice and procedure, Labor.

29 CFR Part 503

    Administrative practice and procedure, Obligations; Enforcement, 
Immigration and Nationality Act, Temporary alien non-agricultural 
workers.


0
Accordingly, the amendments to 20 CFR part 655 and 29 CFR parts 18 and 
503, published in the Federal Register on January 4, 2021 (86 FR 1), 
which were to take effect February 3, 2021, are withdrawn as of 
February 2, 2021.

Milton Al Stewart,
Acting Secretary of Labor.
David P. Pekoske,
Acting Secretary of Homeland Security.
[FR Doc. 2021-02317 Filed 2-2-21; 8:45 am]
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