This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

29 

Vol. 86, No. 1 

Monday, January 4, 2021 

DEPARTMENT OF HOMELAND 

SECURITY 

RIN 1615–AC63 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

Office of the Secretary 

29 CFR Part 18 

Wage and Hour Division 

29 CFR Part 503 

[DOL Docket No. DOL–2020–0019] 

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, Employment and Training 

Administration, and Wage and Hour 

Division, Department of Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security and the Department of Labor 

(DOL) are jointly issuing this notice of 

proposed rulemaking to seek public 

comments on a proposal to extend 

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 to make 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: The Departments invite 

interested persons to submit comments 

on the proposed rule. To ensure 

consideration, comments must be in 

writing and must be received by January 

19, 2021. 

ADDRESSES: You may send comments, 

identified by Regulatory Identification 

Number (RIN) 1290–AA43, 

electronically only, consistent with the 

following instructions. Submit 

comments, read background documents, 

and read comments received through 

the Federal eRulemaking Portal at 

http://www.regulations.gov. To locate 

this rulemaking, use docket number 

DOL–2020–0019 or key words such as 

‘‘Office of Administrative Law Judges’’ 

or ‘‘Rules of Practice and Procedure for 

Administrative Hearings Before the 

Office of Administrative Law Judges.’’ 

Instructions for submitting comments 

are found on the www.regulations.gov 

website. All comments must be received 

by 11:59 p.m. on the date indicated for 

consideration in this rulemaking. Please 

be advised that comments received will 

be posted without change to http://

www.regulations.gov, including any 

personal information provided. 

Therefore, the Departments 

recommend that commenters safeguard 

their personal information by not 

including social security numbers, 

personal addresses, telephone numbers, 

and email addresses in comments. It is 

the responsibility of the commenters to 

safeguard their information. 

If you need assistance to review the 

comments of the rulemaking, the 

Department will consider providing the 

comments and the proposed rule in 

other formats upon request. For 

assistance to review the comments or 

obtain the direct final rule in an 

alternate format, contact Mr. Todd 

Smyth, General Counsel, U.S. 

Department of Labor, at (513) 684–3252. 

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: This 

preamble is divided into five sections: 

Section I describes the process of 

rulemaking using a direct final rule with 

a companion proposed rule; Section II 

provides general background 

information on the proposed 

rulemaking; Section III summarizes the 

proposed regulatory text; Section IV 

covers the administrative requirements 

for this proposed rulemaking; and 

Section V provides additional 

information and instructions to those 

wishing to comment on the rule. 

This proposed rule is not expected to 

be an Executive Order 13771 regulatory 

action because it is not significant under 

Executive Order 12866. Pursuant to the 

Congressional Review Act (5 U.S.C. 801 

et seq.), the Office of Information and 

Regulatory Affairs designated this as not 

a major rule as defined by 5 U.S.C. 

804(2). 

I. Proposed Rule Published

Concurrently With Companion Direct

Final Rule

The Department of Homeland 

Security (DHS) and Department of Labor 

(DOL) (collectively, the Departments) 

are simultaneously publishing with this 

proposed rule an identical ‘‘direct final’’ 

rule elsewhere in this issue of the 

Federal Register, with an identical 

change to the regulatory text. In direct 

final rulemaking, an agency publishes a 

final rule with a statement that the rule 

will go into effect unless the agency 

receives significant adverse comments 

within a specified period. If the agency 

receives no significant adverse 

comments in response to the direct final 

rule (DFR), the DFR goes into effect. If 

the agency receives significant adverse 

comments, the agency withdraws the 

direct final rule and treats such 

comments as submissions in response to 

the proposed rule. The proposed rule 

provides the procedural framework to 

finalize the proposed regulatory changes 

through a final rule. Agencies typically 

use direct final rulemaking when they 

anticipate a rule will be noncontroversial. 

The Departments have determined 

that this rule is suitable for direct final 

rulemaking. The proposed revision to 

DOL’s internal adjudicatory processes 

would implement the mechanism by 

which the Secretary of Labor can review 

H–2B cases pending before or decided 

by the Board of Alien Labor 

Certification Appeals (BALCA) and 

decisions of the Administrative Review 

Board (ARB)—a power the Secretary 

already possesses with respect to other 

cases pending before or decided by 

BALCA under DOL’s recent final rule, 

30 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Proposed Rules 

Rules Concerning Discretionary Review 

by the Secretary, 85 FR 30608 (May 20, 

2020), and, with respect to ARB 

decisions in H–2B cases, reflects a 

power he already possesses pursuant to 

the Secretary of Labor’s Order 01–2020, 

Delegation of Authority and Assignment 

of Responsibility to the Administrative 

Review Board, 85 FR 13186 (Mar. 6, 

2020). This proposed rule is a rule of 

agency management and personnel and 

is entirely a procedural change to how 

officers within DOL exercise delegated 

authority on behalf of the Secretary of 

Labor; therefore, the Departments are 

not required to engage in a notice and 

comment process to issue this rule. See 

5 U.S.C. 553(a)(2), (b)(A). Further, 

discretionary review by an agency head 

over adjudicatory decisions exists in 

many other executive branch agencies, 

including the Department of Justice, the 

Department of the Interior, and the 

Department of Education. The proposed 

rule is thus consistent with well-known 

and well-established models of internal 

agency review both at DOL and at other 

agencies. 

The comment period for this 

proposed rule runs concurrently with 

the comment period for the direct final 

rule. Any comments received in 

response to this proposed rule will also 

be considered comments regarding the 

direct final rule and vice versa. For 

purposes of this rulemaking, a 

significant adverse comment is one that 

addresses (1) why the rule is 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach; or (2) why the rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

significant adverse comment counsels in 

favor of withdrawal of the direct final 

rule, the Departments will consider 

whether the comment raises an issue 

serious enough to warrant a substantive 

response. A comment recommending an 

addition to the rule will not be 

considered significant and adverse 

unless the comment explains how the 

direct final rule would be ineffective or 

unacceptable without the addition. 

The Departments request comments 

on all issues related to this rule, 

including economic or other regulatory 

impacts of this rule on the public. 

II. Background and Joint Issuance for 

This Rulemaking 

BALCA has authority over appeals 

from the decisions of the Employment 

and Training Administration’s 

adjudication of foreign labor 

certification applications. It was created 

by regulation to exercise delegated 

authority on behalf of the Secretary of 

Labor. Its existence is neither compelled 

nor governed by statute, and it is 

entrusted with the power to issue final 

agency decisions in the name of the 

Secretary of Labor. Earlier this year, 

DOL issued regulations establishing a 

mechanism by which the Secretary of 

Labor can exercise review of decisions 

issued by BALCA on his behalf in the 

H–2A, CW–1, and PERM programs. This 

rule will apply the same mechanism for 

review over decisions issued by BALCA 

in the H–2B program. 

To ensure that the Secretary of Labor 

has the ability to properly supervise and 

direct the actions of the Department he 

supervises, earlier this year the 

Secretary also established a system of 

discretionary secretarial review over the 

decisions of the ARB. See Secretary of 

Labor’s Order No. 01–2020. DOL’s 

authority to effect this reform, as well as 

the related rulemaking undertaken 

earlier this year to establish 

discretionary review over decisions of 

and appeals before BALCA, derives 

from 5 U.S.C. 301, which authorizes the 

heads of agencies to regulate the 

internal operations of their departments; 

5 U.S.C. 305, which provides for 

continuing review of agency operations; 

and the Secretary of Labor’s authority to 

administer the statutes and programs at 

issue in ARB and BALCA proceedings, 

including the H–2B temporary-laborcertification and enforcement programs 

provided for in DHS and DOL’s 2015 

joint rules. In combination, these 

authorities establish many of the powers 

of DOL within the Office of the 

Secretary, and give the Secretary of 

Labor wide latitude to delegate those 

powers to his subordinates on the terms 

he deems appropriate. Thus, the 

Secretary of Labor has the power to 

delegate his authority to appropriately 

supervise the adjudicatory process 

within DOL, and has similarly exercised 

that same authority to assert his 

decision-making prerogatives by 

modifying the terms on which the 

members of the ARB and BALCA 

exercise his delegated authority. The 

Departments propose to do so through 

this rulemaking with respect to H–2B 

cases pending before or decided by 

BALCA. 

This proposal, like those actions 

undertaken earlier this year, preserves 

the existing structures by which DOL 

processes adjudications while giving the 

Secretary of Labor the option, in his sole 

discretion, to initiate review directly. As 

with DOL’s existing mechanisms of 

secretarial review, under this reform the 

Secretary will rely on BALCA to assist 

him in identifying cases where 

secretarial review may be warranted. 

Also consistent with current practices at 

DOL and other agencies, the 

Departments do not anticipate that the 

power of secretarial review over H–2B 

cases will be used often. The 

Departments similarly anticipate that 

secretarial review—while completely 

within the Secretary of Labor’s 

discretion as the principal officer 

accountable for DOL’s activities—will 

typically be reserved for matters of 

significant importance. Finally, DOL 

will ensure that the secretarial review 

process will continue to be 

accomplished in a manner that complies 

with any applicable legal requirements. 

The Departments appreciate the 

expeditious nature of BALCA 

proceedings involving temporary labor 

certifications and, as with the existing 

system of review, do not anticipate that 

secretarial review over H–2B cases will 

significantly disrupt or otherwise 

impede the way such cases are currently 

processed. As noted above, the 

Departments expect that secretarial 

review over BALCA’s H–2B decisions 

will likely not be exercised often. 

Further, BALCA decisions will remain 

the Secretary of Labor’s final 

administrative decision unless the 

Secretary himself assumes jurisdiction 

over the case. For example, once 

BALCA issues a decision that grants a 

labor certification or remands for further 

processing, the private party in the case 

will be able to proceed immediately to 

the next step of the application process. 

The private party will be delayed in 

doing so only if the Secretary of Labor 

later decides to undertake review. 

Moreover, as it does now, 29 CFR 18.95 

will continue to limit any potential 

uncertainty that may exist because of 

the possibility of secretarial review by 

placing strict time limits on when the 

Secretary of Labor will have the option 

of assuming jurisdiction over a case. 

As noted in the DOL’s prior 

rulemaking establishing secretarial 

review over other BALCA cases, 85 FR 

30608, the Departments have 

determined that it is appropriate to 

issue jointly this rule regarding the 

Secretary of Labor’s review authority 

over H–2B cases under 29 CFR 18.95. 

This determination follows conflicting 

court decisions concerning DOL’s 

authority to issue legislative rules on its 

own to carry out its duties in the H–2B 

program. Although the Departments 

each have authority to issue rules 

implementing their respective duties in 

the H–2B program, including rules 

providing for secretarial review, the 

Departments are proposing to make the 

amendments to the applicable 

regulations jointly to ensure that there 

can be no question about the authority 

underlying such amendments. This 

approach is consistent with the joint 

Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Proposed Rules 31 

rulemaking governing the Temporary 

Non-Agricultural Employment of H–2B 

Aliens in the United States, 80 FR 24042 

(Apr. 29, 2015) (codified at 8 CFR part 

214, 20 CFR part 655, and 29 CFR part 

503). 

III. Discussion of Changes 

This rule proposes revisions to 29 

CFR part 18 by modifying the 

conditions under which an H–2B 

decision of BALCA becomes the final 

decision of DOL and by extending to H– 

2B cases the process by which the 

Secretary of Labor may exercise 

discretionary review over cases pending 

before or decided by the BALCA. 

Technical amendments are also made to 

20 CFR part 655, subpart A to 

harmonize the manner in which BALCA 

issues decisions on behalf of the 

Secretary with the system of 

discretionary review established in 29 

CFR part 18. Additionally, this rule 

proposes to modify or remove the 

reference to ‘‘final’’ decisions of the 

ARB in 20 CFR 655.73(g)(6) and 29 CFR 

503.55 to reflect that the finality of ARB 

decisions is governed by Secretary of 

Labor’s Order 01–2020. 

IV. Administrative Requirements of the 

Proposed Rulemaking 

Executive Orders 12866, Regulatory 

Planning and Review, and 13563, 

Improving Regulation and Regulatory 

Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

This proposed rule has been drafted 

and reviewed in accordance with 

Executive Order 12866. The 

Departments, in coordination with the 

Office of Management and Budget 

(OMB), determined that this proposed 

rule is not a significant regulatory action 

under section 3(f) of Executive Order 

12866 because the rule will not have an 

annual effect on the economy of $100 

million or more; will not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; and will not 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof. Furthermore, the rule 

does not raise a novel legal or policy 

issue arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive order. 

Accordingly, OMB has waived 

review. 

Regulatory Flexibility Act of 1980 

Because no notice of proposed 

rulemaking is required for this rule 

under section 553 of the Administrative 

Procedure Act, the regulatory flexibility 

analysis requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 603, 604, do not 

apply to this rule. See 5 U.S.C. 603(a), 

604(a). 

Paperwork Reduction Act 

The Departments have determined 

that this proposed rule is not subject to 

the requirements of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

as this rulemaking does not involve any 

collections of information. See 5 CFR 

1320.3(c). 

Unfunded Mandates Reform Act of 1995 

and Executive Order 13132, Federalism 

The Departments have reviewed this 

proposed rule in accordance with the 

requirements of Executive Order 13132 

and the Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1501 et seq., and have 

found no potential or substantial direct 

effects 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. As there 

is no Federal mandate contained herein 

that could result in increased 

expenditures by state, local, and tribal 

governments, or by the private sector, 

the Departments have not prepared a 

budgetary impact statement. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

The Departments have reviewed this 

proposed rule in accordance with 

Executive Order 13175 and has 

determined that it does not have ‘‘tribal 

implications.’’ The proposed rule does 

not ‘‘have substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’ 

Signature 

The Acting Secretary of Homeland 

Security, Chad F. Wolf, having reviewed 

and approved this document, has 

delegated the authority to electronically 

sign this document to Chad R. Mizelle, 

who is the Senior Official Performing 

the Duties of the General Counsel for 

DHS, for purposes of publication in the 

Federal Register. 

V. Notice and Comment 

A. APA Requirements for Notice and 

Comment 

This proposed rule addresses matters 

of internal agency management and 

personnel, as well as matters of agency 

organization, practice and procedure, 

and consequently are exempt from the 

notice and public comments 

requirements of the Administrative 

Procedure Act. See 5 U.S.C. 553(a)(2), 

(b)(A). Nevertheless, the Departments 

wish to provide the public an 

opportunity to submit comments. 

B. Publication of Comments 

Please be advised that the 

Departments will generally post all 

comments without making any change 

to the comments, including any 

personal information provided. The 

www.regulations.gov website is the 

Federal e-rulemaking portal, and all 

comments received will be available 

and accessible to the public on this 

website. Therefore, the Departments 

recommend that commenters safeguard 

their personal information by not 

including social security numbers, 

personal addresses, telephone numbers, 

or email addresses in comments. It is 

the responsibility of the commenter to 

safeguard his or her information. 

C. Access to Docket 

In addition to all comments received 

by the Departments being accessible on 

www.regulations.gov, the Departments 

will make all the comments available for 

public inspection during normal 

business hours at the office listed in the 

ADDRESSES section above. If you need 

assistance to review the comments, the 

Departments will provide you with 

appropriate aids such as readers or print 

magnifiers. The Departments will make 

copies of the proposed rule available, 

upon request, in large print or electronic 

file on portable digital media. The 

Departments will consider providing the 

proposed rule in other formats upon 

request. To schedule an appointment to 

review the comments or obtain the 

proposed rule in an alternate format, 

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 

32 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Proposed Rules 

toll-free Federal Information Relay 

Service at (800) 877–8339. 

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. 

For the reasons discussed in the joint 

preamble, part 655 of title 20 of the 

Code of Federal Regulations and parts 

18 and 503 of title 29 of the Code of 

Federal Regulations are proposed to be 

amended as follows: 

DEPARTMENT OF LABOR 

Title 20: Employees’ Benefits 

Employment and Training 

Administration 

PART 655—TEMPORARY 

EMPLOYMENT OF FOREIGN 

WORKERS IN THE UNITED STATES 

■ 1. The authority citation for part 655 

continues to read as follows: 

Authority: Section 655.0 issued under 8 

U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) 

and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n), (p), 

and (t), 1184(c), (g), and (j), 1188, and 1288(c) 

and (d); sec. 3(c)(1), Pub. L. 101–238, 103 

Stat. 2099, 2102 (8 U.S.C. 1182 note); sec. 

221(a), Pub. L. 101–649, 104 Stat. 4978, 5027 

(8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 

102–232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 

note); sec. 323(c), Pub. L. 103–206, 107 Stat. 

2428; sec. 412(e), Pub. L. 105–277, 112 Stat. 

2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. 

106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 

note); 29 U.S.C. 49k; Pub. L. 107–296, 116 

Stat. 2135, as amended; Pub. L. 109–423, 120 

Stat. 2900; 8 CFR 214.2(h)(4)(i); 8 CFR 

214.2(h)(6)(iii); and sec. 6, Pub. L. 115–218, 

132 Stat. 1547 (48 U.S.C. 1806). 

Subpart A issued under 8 CFR 214.2(h). 

Subpart B issued under 8 U.S.C. 

1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 

CFR 214.2(h). 

Subpart E issued under 48 U.S.C. 1806. 

Subparts F and G issued under 8 U.S.C. 

1288(c) and (d); sec. 323(c), Pub. L. 103–206, 

107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. 

L. 114–74 at section 701. 

Subparts H and I issued under 8 U.S.C. 

1101(a)(15)(H)(i)(b) and (b)(1), 1182(n), (p), 

and (t), and 1184(g) and (j); sec. 303(a)(8), 

Pub. L. 102–232, 105 Stat. 1733, 1748 (8 

U.S.C. 1101 note); sec. 412(e), Pub. L. 105– 

277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 

U.S.C. 2461 note, Pub. L. 114–74 at section 

701. 

Subparts L and M issued under 8 U.S.C. 

1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), 

Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 

1182 note); Pub. L. 109–423, 120 Stat. 2900; 

and 8 CFR 214.2(h). 

■ 2. In § 655.61, revise paragraph (e) to 

read as follows: 

§ 655.61 Administrative review. 

* * * * * 

(e) Review. The BALCA must review 

the CO’s determination only on the 

basis of the Appeal File, the request for 

review, and any legal briefs submitted 

and must, except in cases over which 

the Secretary has assumed jurisdiction 

pursuant to 29 CFR 18.95: 

(1) Affirm the CO’s determination; or 

(2) Reverse or modify the CO’s 

determination; or 

(3) Remand to the CO for further 

action. 

* * * * * 

■ 3. In § 655.72, revise paragraph (b)(3) 

to read as follows: 

§ 655.72 Revocation. 

* * * * * 

(b) * * * 

(3) Appeal. An employer may appeal 

a Notice of Revocation, or a final 

determination of the Administrator, 

OFLC after the review of rebuttal 

evidence, according to the appeal 

procedures of § 655.61. 

* * * * * 

■ 4. In § 655.73, revise paragraph (g)(6) 

to read as follows: 

§ 655.73 Debarment. 

* * * * * 

(g) * * * 

(6) ARB decision. The ARB’s decision 

must be issued within 90 calendar days 

from the notice granting the petition and 

served upon all parties and the ALJ. 

* * * * * 

Title 29: Labor 

Office of the Secretary of Labor 

PART 18—RULES OF PRACTICE AND 

PROCEDURE FOR ADMINISTRATIVE 

HEARINGS BEFORE THE OFFICE OF 

ADMINISTRATIVE LAW JUDGES 

■ 5. The authority citation for part 18 

continues to read as follows: 

Authority: 5 U.S.C. 301; 5 U.S.C. 551–553; 

5 U.S.C. 571 note; E.O. 12778; 57 FR 7292. 

■ 6. In § 18.95, revise paragraph (b)(1) to 

read as follows: 

§ 18.95 Review of decision and review by 

the Secretary. 

* * * * * 

(b) * * * 

(1) In any case for which 

administrative review is sought or 

handled in accordance with 20 CFR 

655.61, 655.171(a), or 655.461, at any 

point from when the BALCA receives a 

request for review until the passage of 

10 business days after the date on which 

BALCA has issued its decision. 

* * * * * 

Title 29: Labor 

Wage and Hour Division 

PART 503—ENFORCEMENT OF 

OBLIGATIONS FOR TEMPORARY 

NONIMMIGRANT NONAGRICULTURAL WORKERS 

DESCRIBED IN THE IMMIGRATION 

AND NATIONALITY ACT 

■ 7. The authority citation for part 503 

continues to read as follows: 

Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(b); 8 

U.S.C. 1184; 8 CFR 214.2(h); 28 U.S.C. 2461 

note (Federal Civil Penalties Inflation 

Adjustment Act of 1990); Pub. L. 114–74 at 

§ 701. 

■ 8. Revise § 503.55 to read as follows: 

§ 503.55 Decision of the Administrative 

Review Board. 

The ARB’s decision will be issued 

within 90 days from the notice granting 

the petition and served upon all parties 

and the ALJ. 

Eugene Scalia, 

Secretary of Labor. 

Chad R. Mizelle, 

Senior Official Performing the Duties of the 

General Counsel, U.S. Department of 

Homeland Security. 

[FR Doc. 2020–28952 Filed 12–30–20; 4:15 pm] 

BILLING CODE 4510–HL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0691] 

RIN 1625–AA00 

Safety Zone; Super Bowl LV; 

Hillsborough Bay and River, Tampa, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone on 

certain waters of Garrison Channel, 

Seddon Channel Turning Basin, and the 

Hillsborough River, in the vicinity of 

downtown Tampa, Florida during the 

Super Bowl LV celebrations from 

January 29, 2021, through February 7, 

2021. The safety zone is necessary to 

protect the public and Super Bowl event