ETA Final Rule ETA Final Rule
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB23
Labor Certification and Petition Process for the Temporary
Employment of Nonimmigrant Aliens in Agriculture in the United States;
Delegation of Authority To Adjudicate Petitions; Deferral of Effective
Date
AGENCY: Employment and Training Administration, Labor.
ACTION: Interim final rule with request for comments ; deferral of
effective date of final rule.
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SUMMARY: The Immigration and Naturalization Service (INS) has informed
the Department of Labor (DOL or Department) that it intends to delay
INS' delegation to DOL of authority to adjudicate petitions for the
temporary employment of nonimmigrant aliens in agriculture in the
United States. Additionally, DOL has the need for additional time to
effectively implement the new procedures and to train and brief members
of the affected public and the employment and training community in the
new procedures. Therefore, the Department has determined to defer the
effective date of the Final Rule promulgated at 65 FR 43538 (July 13,
2000). Comments are being requested on this action. The rule being
deferred amends the Employment and Training Administration (ETA)
regulations to implement the delegation of authority to adjudicate
petitions for temporary nonimmigrant agricultural workers (H-2A's) from
the INS to the Department. A companion Proposed Rule setting forth the
fee structure and consolidated form was published at 65 FR 43545 (July
13, 2000). The extended comment period on the Proposed Rule has ended
and DOL continues to review the comments.
DATES:
Effective Date: The effective date of the final rule in FR Doc. 00-
17641, published at 65 FR 43538 (July 13, 2000), is deferred from
November 13, 2000, until October 1, 2001.
Comments: Comments are invited on the deferral of the effective
date. Submit comments on or before January 12, 2001.
ADDRESSES: Send comments to Assistant Secretary of Labor for Employment
and Training, Attention: Division of Foreign Labor Certifications,
Employment and Training Administration, 200 Constitution Avenue, NW.,
Room N-4456, Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Denis M. Gruskin, Senior Specialist,
Division of Foreign Labor Certifications, Employment and Training
Administration, 200 Constitution Avenue, NW., Room N-4456, Washington,
DC 20210. Telephone: (202) 693-2953 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The Department of Labor (DOL or Department)
published a final rule in this rulemaking in the Federal Register on 65
FR 43538 (July 13, 2000), with an effective date of November 13, 2000.
It is DOL's understanding that INS has or will publish a rule
delaying the effective date of that agency's delegation of authority to
DOL, which would defer DOL's legal authority to exercise INS'' role
with respect to H-2A visas.
In addition, the Department found it impracticable to engage in
adequate training of federal and State staff and briefing of
stakeholders and other members of the public on the new system. This
can be accomplished by delaying the effective date of the Final Rule.
DOL has determined to defer the effective date through the end of
the current Fiscal Year. This deferral will allow employers, workers,
and government personnel time to familiarize themselves with the new
system and forms and to resolve concerns over the change. In addition,
comments are being sought from interested parties on the deferral of
the effective date.
The regulatory certifications set forth in the July 13, 2000, final
rule apply to this deferral as well. For the above reasons, the
Department finds good cause that prior notice on this rule was
impracticable and contrary to the public interest, although in the
interest of affording the public as much opportunity as possible to
express their views, a post-publication comment period is being
offered. 5 U.S.C. 553(b) and (c). The same reasons which justify not
having a pre-publication period of notice and comment provide good
cause to make this deferral effective upon publication in the Federal
Register. 5 U.S.C. 553(d)(3).
Accordingly, the effective date of the final rule in FR Doc. 00-
17641, published at 65 FR 43538 (July 13, 2000), is deferred until
October 1, 2001.
Signed at Washington, D.C., this 7th day of November, 2000.
Raymond L. Bramucci,
Assistant Secretary of Labor for Employment and Training.
[FR Doc. 00-28897 Filed 11-9-00; 8:45 am]
BILLING CODE 4510-30-P
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