07/21/2004: Labor Certification Backlog Reduction Regulation Published Today-Part 3
[[Page 43718]]
In comparison to the universe of all small businesses, the
approximately 186,000 employers with pending applications would
represent at most 0.8 percent of all small businesses [(186,000 )
22,900,000 = 0.008; 0.008 x 100 = 0.8%)]. DOL asserts that 0.8% of
small businesses does not represent a significant proportion of small
entities.
The Department welcomes comments on this RFA certification.
Unfunded Mandates Reform Act of 1995: This interim final rule will
not result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more in
any one year, and it will not significantly or uniquely affect small
governments. Therefore, no actions are deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996: This
interim final rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996 (SBREFA). The
standards for determining whether a rule is a major rule as defined by
section 804 of SBREFA are similar to those used to determine whether a
rule is an ``economically significant regulatory action'' within the
meaning of Executive Order 12866. Because we certified that this
interim final rule is not an economically significant rule under
Executive Order 12866, we certify that it also is not a major rule
under SBREFA. It will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 13132--Federalism: This interim final rule will not
have a substantial direct effect on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 13132, we have determined
that this interim final rule does not have sufficient federalism
implications to warrant the preparation of a summary impact statement.
Assessment of Federal Regulations and Policies on Families: This
interim final rule does not affect family well-being.
Paperwork Reduction Act: The collection of information under part
656 is currently approved under OMB control number 1205-0015. This
interim final rule does not include a substantive or material
modification of that collection of information, because it will not add
to or change paperwork requirements for employers applying for
permanent labor certification, but rather creates a means for
consolidated processing at centralized locations. Accordingly, the
Department believes the Paperwork Reduction Act is inapplicable to this
interim final rule. The Department invites the public to comment on its
Paperwork Reduction Act analysis.
Publication as an Interim Final Rule: The Department has determined
that it is unnecessary and contrary to the public interest to publish
this technical amendment to the permanent labor certification
regulations as a Notice of Proposed Rulemaking, with the delays
inherent to the process of publishing a proposed rule, receiving and
reviewing comments, and clearing and publishing a final rule. This
interim final rule will allow ETA's Division of Foreign Labor
Certification to take more rapid action to reduce the serious backlog
in permanent labor certification applications through transfer of
applications from the SWAs and ETA Regional Offices to centralized
processing sites. This processing change is based on results of a pilot
program that demonstrated that centralized processing would create
economic and time-saving efficiencies and speed reduction of the
backlog. Centralized processing will not alter substantive requirements
for certification. It will not impose an additional burden on employers
who have filed permanent labor certification applications or on the
immigrant aliens on whose behalf applications have been filed. Rather,
centralized processing is expected to benefit applicants by reducing
anticipated processing time. For these reasons, it would be contrary to
the public interest, as well as unnecessary; to delay implementation of
this technical regulatory amendment to establish centralized processing
procedures. Therefore, the Department finds pursuant to 5 U.S.C.
553(b)(3)(B) that good cause exists for publishing this regulatory
amendment as an interim final rule. While notice of proposed rulemaking
is being waived, the Department is interested in comments and advice
regarding this interim final rule.
Catalogue of Federal Domestic Assistance Number: This program is
listed in the Catalog of Federal Domestic Assistance at Number 17.203,
``Labor Certification for Alien Workers.''
List of Subjects in 20 CFR Part 656
Administrative practice and procedure, Agriculture, Aliens,
Crewmembers, Employment, Employment and training, Enforcement, Forest
and forest products, Fraud, Guam, Health professions, Immigration,
Labor, Longshore and harbor work, Migrant labor, Passports and visas,
Reporting and recordkeeping requirements, Students, Unemployment,
Wages, and Working conditions.
0
For the reasons stated in the Preamble, the Employment and Training
Administration, Department of Labor, amends 20 CFR part 656 as follows:
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF
ALIENS IN THE UNITED STATES
0
1. The authority citation for part 656 continues to read as follows:
Authority: 8 U.S.C. 1182(a)(5)(A) and 1182(p); 29 U.S.C. 49 et
seq.; sec. 122, Pub. L. 101-649, 109 Stat. 4978.
0
2. Part 656, subpart C, is amended by adding section 656.24a, to be
placed immediately after section 656.24, to read as follows:
Sec. 656.24a Centralized processing.
(a) To facilitate processing of applications and elimination of
backlogs, the National Certifying Officer (Chief, Division of Foreign
Labor Certification) may direct a SWA or an ETA Regional Office to
transfer to a non-State centralized processing site some or all pending
applications filed under part 656. The Chief will issue a directive to
the SWAs and ETA Regional Offices stating how pending applications are
to be identified for centralized processing and where they are to be
transferred. For each transferred application, the centralized
processing site will perform all required functions of the SWA (as
described in Sec. 656.21) and the Regional Certifying Officer (as
described in Sec. 656.21 and Sec. 656.24).
(b) If the labor certification presents a special or unique
problem, the centralized processing site, in consultation with or at
the direction of the National Certifying Officer, may refer the
application to the National Certifying Officer for determination. If
the National Certifying Officer has directed that certain types of
applications or specific applications be handled in the national
office, the centralized processing site shall refer such applications
to the National Certifying Officer.
[[Page 43719]]
Signed at Washington, DC, this 13th day of July, 2004.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 04-16536 Filed 7-20-04; 8:45 am]
BILLING CODE 4510-30-P
[[Page 43718]]
In comparison to the universe of all small businesses, the
approximately 186,000 employers with pending applications would
represent at most 0.8 percent of all small businesses [(186,000 )
22,900,000 = 0.008; 0.008 x 100 = 0.8%)]. DOL asserts that 0.8% of
small businesses does not represent a significant proportion of small
entities.
The Department welcomes comments on this RFA certification.
Unfunded Mandates Reform Act of 1995: This interim final rule will
not result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more in
any one year, and it will not significantly or uniquely affect small
governments. Therefore, no actions are deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996: This
interim final rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996 (SBREFA). The
standards for determining whether a rule is a major rule as defined by
section 804 of SBREFA are similar to those used to determine whether a
rule is an ``economically significant regulatory action'' within the
meaning of Executive Order 12866. Because we certified that this
interim final rule is not an economically significant rule under
Executive Order 12866, we certify that it also is not a major rule
under SBREFA. It will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 13132--Federalism: This interim final rule will not
have a substantial direct effect on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 13132, we have determined
that this interim final rule does not have sufficient federalism
implications to warrant the preparation of a summary impact statement.
Assessment of Federal Regulations and Policies on Families: This
interim final rule does not affect family well-being.
Paperwork Reduction Act: The collection of information under part
656 is currently approved under OMB control number 1205-0015. This
interim final rule does not include a substantive or material
modification of that collection of information, because it will not add
to or change paperwork requirements for employers applying for
permanent labor certification, but rather creates a means for
consolidated processing at centralized locations. Accordingly, the
Department believes the Paperwork Reduction Act is inapplicable to this
interim final rule. The Department invites the public to comment on its
Paperwork Reduction Act analysis.
Publication as an Interim Final Rule: The Department has determined
that it is unnecessary and contrary to the public interest to publish
this technical amendment to the permanent labor certification
regulations as a Notice of Proposed Rulemaking, with the delays
inherent to the process of publishing a proposed rule, receiving and
reviewing comments, and clearing and publishing a final rule. This
interim final rule will allow ETA's Division of Foreign Labor
Certification to take more rapid action to reduce the serious backlog
in permanent labor certification applications through transfer of
applications from the SWAs and ETA Regional Offices to centralized
processing sites. This processing change is based on results of a pilot
program that demonstrated that centralized processing would create
economic and time-saving efficiencies and speed reduction of the
backlog. Centralized processing will not alter substantive requirements
for certification. It will not impose an additional burden on employers
who have filed permanent labor certification applications or on the
immigrant aliens on whose behalf applications have been filed. Rather,
centralized processing is expected to benefit applicants by reducing
anticipated processing time. For these reasons, it would be contrary to
the public interest, as well as unnecessary; to delay implementation of
this technical regulatory amendment to establish centralized processing
procedures. Therefore, the Department finds pursuant to 5 U.S.C.
553(b)(3)(B) that good cause exists for publishing this regulatory
amendment as an interim final rule. While notice of proposed rulemaking
is being waived, the Department is interested in comments and advice
regarding this interim final rule.
Catalogue of Federal Domestic Assistance Number: This program is
listed in the Catalog of Federal Domestic Assistance at Number 17.203,
``Labor Certification for Alien Workers.''
List of Subjects in 20 CFR Part 656
Administrative practice and procedure, Agriculture, Aliens,
Crewmembers, Employment, Employment and training, Enforcement, Forest
and forest products, Fraud, Guam, Health professions, Immigration,
Labor, Longshore and harbor work, Migrant labor, Passports and visas,
Reporting and recordkeeping requirements, Students, Unemployment,
Wages, and Working conditions.
0
For the reasons stated in the Preamble, the Employment and Training
Administration, Department of Labor, amends 20 CFR part 656 as follows:
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF
ALIENS IN THE UNITED STATES
0
1. The authority citation for part 656 continues to read as follows:
Authority: 8 U.S.C. 1182(a)(5)(A) and 1182(p); 29 U.S.C. 49 et
seq.; sec. 122, Pub. L. 101-649, 109 Stat. 4978.
0
2. Part 656, subpart C, is amended by adding section 656.24a, to be
placed immediately after section 656.24, to read as follows:
Sec. 656.24a Centralized processing.
(a) To facilitate processing of applications and elimination of
backlogs, the National Certifying Officer (Chief, Division of Foreign
Labor Certification) may direct a SWA or an ETA Regional Office to
transfer to a non-State centralized processing site some or all pending
applications filed under part 656. The Chief will issue a directive to
the SWAs and ETA Regional Offices stating how pending applications are
to be identified for centralized processing and where they are to be
transferred. For each transferred application, the centralized
processing site will perform all required functions of the SWA (as
described in Sec. 656.21) and the Regional Certifying Officer (as
described in Sec. 656.21 and Sec. 656.24).
(b) If the labor certification presents a special or unique
problem, the centralized processing site, in consultation with or at
the direction of the National Certifying Officer, may refer the
application to the National Certifying Officer for determination. If
the National Certifying Officer has directed that certain types of
applications or specific applications be handled in the national
office, the centralized processing site shall refer such applications
to the National Certifying Officer.
[[Page 43719]]
Signed at Washington, DC, this 13th day of July, 2004.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 04-16536 Filed 7-20-04; 8:45 am]
BILLING CODE 4510-30-P