This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

1 

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: Direct final rule. 

SUMMARY: The Department of Homeland 

Security and the Department of Labor 

(DOL) are jointly issuing this direct final 

rule 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: This direct final rule (DFR) is 

effective February 3, 2021 unless 

significant adverse comment is 

submitted by January 19, 2021. If the 

Departments receive significant adverse 

comment, the Departments will publish 

a timely withdrawal in the Federal 

Register informing the public that this 

DFR will not take effect (see Section I, 

Direct Final Rule Published 

Concurrently With Companion 

Proposed Rule, for more details on this 

process). 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 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 rulemaking; Section 

III summarizes the regulatory text; 

Section IV covers the administrative 

requirements for this rulemaking; and 

Section V provides additional 

information and instructions to those 

wishing to comment on the rule. 

This final rule is not 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. Direct Final Rule Published

Concurrently With Companion

Proposed Rule

The Department of Homeland 

Security (DHS) and Department of Labor 

(DOL) (collectively, the Departments) 

are simultaneously publishing with this 

‘‘direct final’’ rule an identical proposed 

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, 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 revision to DOL’s 

internal adjudicatory processes would 

implement the mechanism by which the 

Secretary of Labor (Secretary) can 

review H–2B cases pending before or 

decided by the Board of Alien Labor 

2 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations 

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, 

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’s Order 01–2020, 

Delegation of Authority and Assignment 

of Responsibility to the Administrative 

Review Board, 85 FR 13186 (Mar. 6, 

2020). This 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; 

therefore, the Departments are not 

required to engage in a notice-andcomment 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 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 the proposed 

rule runs concurrently with the 

comment period for this DFR. Any 

comments received in response to the 

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 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 has the 

ability to properly supervise and direct 

the actions of the Department he 

supervises, earlier this year the 

Secretary of Labor 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’s 

authority to administer the statutes and 

programs at issue in ARB and BALCA 

proceedings, including the H–2B 

temporary-labor-certification 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 do so through this 

rulemaking with respect to H–2B cases 

pending before or decided by BALCA. 

This rule, like those actions 

undertaken earlier this year, preserves 

the existing structures by which DOL 

processes adjudications while giving the 

Secretary the option, in his sole 

discretion, to initiate review directly. As 

with DOL’s existing mechanisms of 

secretarial review, under this reform the 

Secretary of Labor 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’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 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 determined to make the 

Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations 3 

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 

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 

Through this rule, the Departments 

revise 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 

modifies or removes 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’s Order 01– 

2020. 

IV. Administrative Requirements 

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 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 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 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 

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 

rule in accordance with Executive Order 

13175 and has determined that it does 

not have ‘‘tribal implications.’’ The 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 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 rule available, upon 

request, in large print or electronic file 

on portable digital media. The 

Departments will consider providing the 

rule in other formats upon request. To 

schedule an appointment to review the 

comments or obtain the 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. 

4 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations 

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. 

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 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. 2020–28951 Filed 12–30–20; 4:15 pm] 

BILLING CODE 4510–HL–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2017–BT–TP–0047] 

RIN 1904–AE18 

Energy Conservation Program: Test 

Procedures for Small Electric Motors 

and Electric Motors 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: In this final rule, the 

Department of Energy (‘‘DOE’’) is further 

harmonizing its test procedures with 

industry practice by updating a 

currently incorporated testing standard 

to reference that standard’s latest 

version, incorporating a new industry