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

7656 

Vol. 86, No. 19 

Monday, February 1, 2021 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[DOL Docket No. ETA–2020–0006] 

RIN 1205–AC00 

Strengthening Wage Protections for 

the Temporary and Permanent 

Employment of Certain Aliens in the 

United States: Proposed Delay of 

Effective Date 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Proposed delay of effective date; 

request for comments. 

SUMMARY: In accordance with the 

Presidential directive as expressed in 

the memorandum of January 20, 2021, 

from the Assistant to the President and 

Chief of Staff, entitled ‘‘Regulatory 

Freeze Pending Review,’’ this action 

proposes, following a 15 day comment 

period, to further delay until May 14, 

2021, the effective date of the rule 

entitled Strengthening Wage Protections 

for the Temporary and Permanent 

Employment of Certain Aliens in the 

United States, published in the Federal 

Register on January 14, 2021. The 

current effective date is March 15, 2021. 

This proposed delay of 60 days will 

allow agency officials the opportunity to 

review any questions of fact, law, or 

policy the rule may raise. 

DATES: The Department invites written 

comments on the proposed delayed 

effective date from interested parties. 

Written comments must be received by 

(postmarked, sent, or received) by 

February 16, 2021. 

ADDRESSES: You may submit written 

comments electronically by the 

following method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

Instructions. Include the docket 

number ETA–2020–0006 in your 

comments. All comments received will 

be posted without change to http://

www.regulations.gov. Please do not 

include any personally identifiable or 

confidential business information you 

do not want publicly disclosed. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, 

Employment and Training 

Administration, Department of Labor, 

200 Constitution Avenue NW, Room N– 

5311, Washington, DC 20210, telephone: 

(202) 693–8200 (this is not a toll-free 

number). Individuals with hearing or 

speech impairments may access the 

telephone numbers above via TTY/TDD 

by calling the toll-free Federal 

Information Relay Service at 1 (877) 

889–5627. 

SUPPLEMENTARY INFORMATION: 

The Employment and Training 

Administration (ETA) published a final 

rule entitled Strengthening Wage 

Protections for the Temporary and 

Permanent Employment of Certain 

Aliens in the United States on January 

14, 2021 (86 FR 3608). The Agency 

bases this action on the Presidential 

directive as expressed in the 

memorandum of January 20, 2021, from 

the Assistant to the President and Chief 

of Staff, entitled ‘‘Regulatory Freeze 

Pending Review.’’ The Memorandum 

directs agencies to consider delaying the 

effective date for regulations for the 

purpose of reviewing questions of fact, 

law, and policy raised therein. 

Therefore, in accordance with the 

Memorandum, ETA proposes to delay 

the effective date for the rule entitled 

‘‘Strengthening Wage Protections for the 

Temporary and Permanent Employment 

of Certain Aliens in the United States’’ 

to May 14, 2021. Given the complexity 

of this regulation, ETA has determined 

that a 60-day extension of the effective 

date is necessary to provide adequate 

time to review this regulation. The 

proposed extension of the effective date 

will not affect the compliance dates of 

the rule. 

ETA seeks comment on the proposed 

delay, including the proposed delay’s 

impact on any legal, factual, or policy 

issues raised by the underlying rule and 

whether further review of those issues 

warrants such a delay. All other 

comments on the underlying rule will 

be considered to be outside the scope of 

this rulemaking. ETA therefore seeks 

comment by February 16, 2021 on its 

proposal to extend the effective date by 

60 days to May 14, 2021. 

Nancy Rooney, 

Deputy Assistant Secretary. 

[FR Doc. 2021–02090 Filed 1–27–21; 4:15 pm] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF THE INTERIOR 

Office of the Assistant Secretary Indian 

Affairs 

25 CFR Part 1000 

[212A2100DD/AAKC001030/ 

A0A501010.999900 253G] 

Self-Governance PROGRESS Act 

Negotiated Rulemaking Committee 

Establishment; Nominations 

AGENCY: Office of the Assistant 

Secretary—Indian Affairs, Interior. 

ACTION: Notice of intent to establish 

committee; request for nominations. 

SUMMARY: The U.S. Department of the 

Interior (DOI) is announcing its intent to 

establish a Self-Governance PROGRESS 

Act Negotiated Rulemaking Committee 

(Committee) to negotiate and advise the 

Secretary of the Interior (Secretary) on a 

proposed rule to implement the 

Practical Reforms and Other Goals To 

Reinforce the Effectiveness of SelfGovernance and Self-Determination for 

Indian Tribes Act of 2019 (PROGRESS 

Act). The DOI is soliciting comments on 

its proposal to form a negotiated 

rulemaking committee; and invites 

nominations for Committee members 

who will adequately represent the 

interests that are likely to be 

significantly affected by the proposed 

rule. 

DATES: Comments regarding the intent 

to establish this Committee and 

nominations for Committee members 

must be submitted no later than March 

3, 2021. 

ADDRESSES: Send written comments and 

nominations to Ms. Vickie Hanvey, by 

any of the following methods: 

• (Preferred method) Email to: 

consultation@bia.gov; 

• Mail, hand-carry or use an 

overnight courier service to Ms. Vickie 

Hanvey, Office of Self-Governance, 

Office of the Assistant Secretary— 

Indian Affairs, 1849 C Street NW, Mail 

Stop 4660, Washington, DC 20240. 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7657 

FOR FURTHER INFORMATION CONTACT: Ms. 

Vickie Hanvey, Program Policy Analyst, 

Office of Self-Governance, Office of the 

Assistant Secretary—Indian Affairs; 

telephone: (918) 931–0745; email: 

Vickie.hanvey@bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 21, 2020, the PROGRESS 

Act was signed into law. See Public Law 

116–180. The PROGRESS Act amends 

subchapter I of the Indian SelfDetermination and Education 

Assistance Act (ISDEAA), 25 U.S.C. 

5301 et seq., which addresses Indian 

Self-Determination, and subchapter IV 

of the ISDEAA which addresses DOI’s 

Tribal Self-Governance Program. The 

PROGRESS Act calls for a negotiated 

rulemaking committee to be established 

under 5 U.S.C. 565, with membership 

consisting only of representatives of 

Federal and Tribal governments, with 

the Office of Self-Governance serving as 

the lead agency for the DOI. The 

PROGRESS Act also authorizes the 

Secretary to adapt negotiated 

rulemaking procedures to the unique 

context of self-governance and the 

government-to-government relationship 

between the United States and Indian 

Tribes. 

This notice is published in 

accordance with the Negotiated 

Rulemaking Act of 1996 (NRA) (5 U.S.C. 

561 et seq.); FACA; and the PROGRESS 

Act. 

II. Scope of the Proposed Rule To Be 

Negotiated 

The PROGRESS Act requires DOI to 

establish the negotiated rulemaking 

committee to develop proposed 

regulations to implement subchapter IV, 

regarding the Self-Governance Program. 

See Public Law 116–180, Section 413. 

Current regulations implementing the 

Self-Governance Program are found at 

25 CFR part 1000, Annual Funding 

Agreements under the Tribal SelfGovernment Act Amendments to the 

Indian Self-Determination and 

Education Act. It is anticipated that the 

proposed rule will revise those 

regulations at 25 CFR part 1000 to 

amend, delete, and add provisions as 

appropriate to implement the 

PROGRESS Act. 

III. The Committee and Process for 

Negotiated Rulemaking 

The Committee will be charged with 

developing proposed regulations for the 

Secretary’s implementation of the 

PROGRESS Act’s provisions regarding 

the DOI’s Self-Governance Program. In 

negotiated rulemaking, recommended 

provisions of a proposed rule are 

developed by a committee composed of 

at least one representative of the Federal 

Government and representatives of the 

interests that will be significantly 

affected by the rule. In compliance with 

FACA and the NRA, the DOI will use 

the following procedures for this 

negotiated rulemaking. The DOI may 

modify them in response to comments 

received on this notice of intent or 

during the negotiation process. 

A. Committee Formation 

The Committee will be formed in full 

compliance with the requirements of 

FACA and the NRA, and operate in full 

compliance with the NRA and the 

guidelines of its charter. 

B. Composition of Committee 

The Secretary is seeking nominations 

for representatives to serve on the 

Committee who can represent the 

interests listed in Section C, and who 

have a demonstrated ability to 

communicate well with groups about 

the interests they will represent. The 

Committee membership will consist of 

approximately 15, but not more than 25 

members in accordance with the NRA. 

Tribal Committee membership must: 

• Include only representatives of the 

interests described below; 

• Include representatives with a 

demonstrated ability to communicate 

well with groups about the interests 

they will represent; and 

• Include Tribal representatives 

appointed by the Secretary that are: 

Æ Elected officials of Tribal 

governments acting in their official 

capacities; 

Æ Or their designated employees with 

authority to act on their behalf in their 

official capacities; 

Æ Representative of Tribes with a 

geographical balance; and 

Æ A majority of whom are 

representative of Indian Tribes with 

existing self-governance funding 

agreements. 

• Comply with the FACA. 

FACA regulations require the 

membership of a FACA committee to be 

fairly balanced in its member in terms 

of the points of view represented and 

the functions to be performed. See 41 

CFR 102–3.30. In making membership 

decisions, the Secretary will consider 

whether the interest represented by a 

nominee will be affected significantly 

by the final products of the Committee, 

which may include report(s) and/or 

proposed regulations; whether that 

interest is already adequately 

represented by nominees; and whether 

the potential addition would adequately 

represent that interest. 

Federally registered lobbyists are 

ineligible to serve on all FACA and nonFACA boards, committees, or councils 

in an individual capacity. The term 

‘‘individual capacity’’ refers to 

individuals who are appointed to 

exercise their own individual best 

judgment on behalf of the government, 

such as when they are designated 

Special Government Employees, rather 

than being appointed to represent a 

particular interest. 

C. Interests Identified 

Under Section 562 of the NRA, 

‘‘interest’’ means, with respect to an 

issue or matter, multiple parties which 

have a similar point of view or which 

are likely to be affected in a similar 

manner. A limited number of 

identifiable interests will be 

significantly affected by the rule. Those 

parties are Indian Tribes and Tribal 

organizations as defined in section 4(l) 

of the Indian Self-Determination and 

Education Assistance Act that are 

currently participating in the Tribal 

Self-Governance Program and those that 

are not currently participating in, but 

are interested in participating in Tribal 

Self-Governance Program. 

The DOI is accepting comments 

identifying other interests that may be 

significantly affected by the final 

products of the Committee, which may 

include report(s) and/or proposed 

regulations, until the date listed in the 

DATES section of this notice of intent. 

D. Committee Member Responsibilities 

The Committee is expected to meet 

approximately 3–5 times and each 

meeting is expected to last multiple 

hours for a consecutive 2–3 days each. 

The initial meeting will be held by 

teleconference and/or web conference; 

later meetings may be held either 

virtually or in person. The Committee’s 

work is expected to occur over the 

course of 6–12 months, and it is the 

Secretary’s intent to publish the 

proposed rule for notice and comment 

by the statutory deadline of July 21, 

2022 (within 18 months of the 

anticipated date of the Committee’s 

establishment). However, the Committee 

may continue its work for up to two 

years. 

Because of the scope and complexity 

of the tasks at hand, Committee 

members must be able to invest 

considerable time and effort in the 

negotiated rulemaking process. 

Committee members must be able to 

attend all Committee meetings, work on 

Committee work groups, consult with 

their constituencies between Committee 

meetings, and negotiate in good faith 

toward a consensus on issues before the 

Committee. Because of the complexity 

of the issues under consideration, as 

7658 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 

well as the need for continuity, the 

Secretary reserves the right to replace 

any member who is unable to 

participate in the Committee’s meetings. 

Under 5 U.S.C. 568(c), members of a 

negotiated rulemaking committee are 

responsible for their own expenses of 

participation in such committee, except 

that an Agency may, in accordance with 

Section 7(d) of the FACA, pay for a 

member’s reasonable travel and per 

diem expenses, expenses to obtain 

technical assistance, and a reasonable 

rate of compensation, if: 

• Such member certifies a lack of 

adequate financial resources to 

participate in the Committee; and 

• The agency determines that such 

member’s participation in the 

Committee is necessary to assure an 

adequate representation of the member’s 

interest. 

The DOI commits to pay the 

reasonable travel and per diem expenses 

of Committee members, if appropriate, 

under the NRA and Federal travel 

regulations. 

E. Facilitator 

The Committee may use a neutral 

facilitator. The facilitator will not be 

involved with the substantive 

development or enforcement of the 

regulation. The facilitator’s role is to 

help the negotiation process run 

smoothly, and help participants define 

and reach consensus. 

F. Administrative and Technical 

Support 

The DOI will provide sufficient 

administrative and technical resources 

for the Committee to complete its work 

in a timely fashion. The DOI, with the 

help of the facilitator, will prepare and 

provide a final report of any issues on 

which the Committee reaches 

consensus. 

G. Training and Organization 

At the first meeting of the Committee, 

a neutral facilitator will provide training 

on negotiated rulemaking, interest-based 

negotiations, and consensus-building. In 

addition, at the first meeting, Committee 

members will make organizational 

decisions concerning protocols, 

scheduling, and facilitation of the 

Committee. 

H. Committee Meeting Procedures 

The members of the Committee, with 

the assistance of the facilitator, may 

adopt procedures for Committee 

meetings. 

IV. Request for Nominations to the 

Committee 

The PROGRESS Act requires that the 

Committee be comprised of only Federal 

and Tribal government representatives. 

Tribes may nominate Tribal leaders to 

serve on the Committee who will 

adequately represent the interests that 

are likely to be significantly affected by 

the proposed rule. Each nomination is 

expected to include a nomination for a 

primary representative and an alternate 

who can fulfill the obligations of 

membership should the primary 

representative be unable to attend. The 

Committee membership should reflect a 

diversity of interests, and nominees 

should only be of representatives and 

alternates who: 

• Are elected officials of Tribal 

governments (or their designated 

employees with authority to act on their 

behalf) acting in their official capacities; 

and 

• Will be able to: 

Æ Represent one or more of the 

specified interests with the authority to 

embody the views of that interest, 

communicate with interested 

constituents, and have a clear means to 

reach agreement on behalf of the 

interest(s); 

Æ Coordinate, to the extent possible, 

with other interests who may not be 

represented on the Committee; 

Æ Negotiate effectively on behalf of 

the interest(s) represented; 

Æ Commit the time and effort 

required to attend and prepare for 

meetings; and 

Æ Collaborate among diverse parties 

in a consensus-seeking process. 

The DOI will consider nominations 

for representatives only if they are 

nominated through the process 

identified in this Notice of Intent. The 

DOI will not consider any nominations 

that we receive in any other manner. 

The DOI will not consider nominations 

for Federal representatives; only the 

Secretary may nominate Federal 

employees to the Committee. 

Nominations must include the 

following information about each 

nominee: 

1. A current letter from the governing 

body or chairperson of the Tribe 

representing one of the interest(s) 

identified supporting the nomination of 

the individual to serve as a 

representative for the Tribe on the 

Committee; 

2. A resume reflecting the nominee’s 

qualifications and experience, to 

include the nominee’s name, Tribal 

affiliation, job title, major job duties, 

employer, business address, business 

telephone and fax numbers (and 

business email address, if applicable); 

3. The interest(s) to be represented by 

the nominee (see Section III.C of this 

notice) and whether the nominee will 

represent other interest(s) related to this 

rulemaking; and 

4. A brief description of how the 

nominee will represent the views of the 

identified interest(s), communicate with 

constituents, and have a clear means to 

reach agreement on behalf of the 

interest(s) they are representing. 

5. A statement on whether the 

nominee is only representing one 

interest or whether the expectation is 

that the nominee represents a specific 

group of interests. 

To be considered, nominations must 

be received by the close of business on 

the date listed in the DATES section, at 

the location indicated in the ADDRESSES

section. 

V. Solicitation of Public Comments 

Members of the public are invited to 

submit comments on this proposal to 

establish the Committee. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

VI. Next Steps 

Following the receipt of nominations 

and comments, DOI will publish a 

second notice in the Federal Register 

with a list of persons to represent the 

interests that are likely to be 

significantly affected by the rule and the 

person or persons proposed to represent 

the DOI. Persons who will be 

significantly affected by the proposed 

rule and who believe that their interests 

will not be adequately represented by 

any person specified in that second 

Federal Register notice will be given an 

opportunity to apply or nominate 

another person for membership on the 

Committee to represent such interests 

with respect to the proposed rule. 

Following the second Federal 

Register notice and responses to it, DOI 

expects to establish the Committee. 

After the Committee reaches consensus 

on the recommended provisions of the 

proposed rule, as discussed in more 

detail below, the DOI will publish a 

proposed rule in the Federal Register. 

VII. Determination That Negotiated 

Rulemaking is in the Public Interest 

Under 5 U.S.C. 563, the head of the 

agency is required to determine that the 

use of the negotiated rulemaking 

procedure is in the public interest. 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Proposed Rules 7659 

In making such a determination, the 

agency head must consider certain 

factors. Taking these factors into 

account, the Secretary, through the 

authority delegated to the Assistant 

Secretary—Indian Affairs, has 

determined that a negotiated rulemaking 

is in the public interest because: 

1. A rule is needed. The PROGRESS 

Act directs the Secretary to conduct a 

negotiated rulemaking pursuant to the 

NRA. 

2. A limited number of identifiable 

interests will be significantly affected by 

the rule. 

3. There is a reasonable likelihood 

that the Committee can be convened 

with a balanced representation of 

persons who can adequately represent 

the interests discussed in item 2, above, 

and who are willing to negotiate in good 

faith to attempt to reach a consensus on 

provisions of a proposed rule. 

4. There is a reasonable likelihood 

that the Committee will reach consensus 

on a proposed rule within a fixed period 

of time. 

5. The use of negotiated rulemaking 

will not delay the development of a 

proposed rule because time limits will 

be placed on the negotiation. We 

anticipate that these negotiations will 

expedite a proposed rule and ultimately 

the acceptance of a final rule. 

6. The DOI is making a commitment 

to ensure that the Committee has 

sufficient resources to complete its work 

in a timely fashion. 

7. The DOI, to the maximum extent 

possible and consistent with the legal 

obligations of the Agency, will use the 

consensus report of the Committee as 

the basis for a proposed rule for public 

notice and comment. 

For the above reasons, I hereby certify 

that the Self-Governance PROGRESS 

Act Negotiated Rulemaking Committee 

is in the public interest. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2021–01149 Filed 1–29–21; 8:45 am] 

BILLING CODE 4337–15–P 

POSTAL SERVICE 

39 CFR Part 20 

New Outbound Commercial Provider 

Initiative (OCPI) Program Information; 

Opportunity for Comments 

AGENCY: Postal ServiceTM. 

ACTION: Advance notice of proposed 

rulemaking; invitation to comment. 

SUMMARY: The Postal Service is 

providing an advance notification and 

introduction to the Outbound 

Commercial Provider Initiative (OCPI) 

program. This document provides 

general information on the OCPI 

program, related mailing requirements, 

and shipping standards. The Postal 

Service is exploring the advisability of 

the OCPI program and providing 

support to mailers to assure their ability 

to adhere to the new OCPI program 

guidelines. 

DATES: Comments on this advance 

notice are due March 3, 2021. 

ADDRESSES: Due to the current COVID– 

19 pandemic, comments in response to 

this document will only be accepted via 

email—any comments or 

communications sent via fax or mail 

will not be accepted. 

When sending communication and 

comments related to the OCPI program, 

the following instructions and 

guidelines apply: 

• All comments and questions should 

be sent to the Manager, International 

Products and Major Accounts, Global 

Business, at the following email 

address: ProductClassification@

usps.gov. 

• Communications must also include 

the following: 

Æ Subject Line: OCPI Program 

Advanced Notice Comments 

Æ Name of Sender 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

You may inspect and photocopy all 

written comments, by appointment 

only, at USPS® Headquarters Library, 

475 L’Enfant Plaza SW, 11th Floor 

North, Washington, DC 20260. These 

records are available for review Monday 

through Friday, 9 a.m. to 4 p.m., by 

calling 202–268–2906. 

FOR FURTHER INFORMATION CONTACT: 

Frank Cebello, 202–268–8058; or 

GlobalBusinessOCPI@usps.gov. 

SUPPLEMENTARY INFORMATION: The Postal 

Service is providing this notification to 

set forth the following general 

information and guidelines for the OCPI 

program: 

1. An overview of the OCPI program 

with general information to advise and 

notify USPS customers, partners, and 

affiliates; 

2. Discussion of the countries and 

specific products that will be serviced 

through the OCPI program; and 

3. Specific changes and requirements 

associated with the OCPI program, 

relating to mail preparation, induction, 

and acceptance, such as: 

i. Customs Form(s), shipping label(s), 

and tag(s), 

ii. New, OCPI-specific Commercial 

Invoice, and 

iii. Process changes and requirements 

related to OCPI service provider 

destinations 

4. References for advanced 

notifications of OCPI program feature 

changes. 

Overview 

The Postal Service expects to 

implement these new program service 

enhancements on or about March 31, 

2021. 

As cross-border eCommerce continues 

to grow and demand for a variety of 

shipping solutions continues, the Postal 

Service has encountered a need to 

identify alternatives for commercial 

shipments going through its 

international mail streams. The Postal 

Service relies entirely on foreign postal 

operators to deliver our customer 

packages worldwide, making outbound 

shipments subject to several limitations 

including shipping rates, transit times, 

and scan visibility. The rapidly 

expanding eCommerce market coupled 

with the increase in competition has 

motivated the Postal Service to explore 

alternate delivery service channels and 

competitive market strategies for 

product offerings in order to provide the 

services that customers demand, while 

remaining competitive in the global 

eCommerce market. 

The Outbound Commercial Provider 

Initiative (OCPI) is a strategic program 

designed to help the Postal Service 

remain competitive in the cross-border 

shipping market, whereby it can 

effectively compete with alternative 

providers. OCPI also enables the 

continuity of service in situations where 

issues arise with foreign postal 

operators, such as strikes, unfavorable 

bilateral negotiations, COVID–19 

impacts, or significant service issues. 

Creating an alternative channel also 

offers opportunities for providing 

enhanced service options. Additional 

benefits of the OCPI Program include 

but are not limited to: 

• Offering new services that are 

currently unavailable through the postal 

channels; 

• Improving service delivery times 

because of options to deliver products 

by commercial suppliers to select 

countries; and 

• Providing a more enhanced 

customer experience, through 

advancements in customer service and 

package visibility on international 

outbound operations.