Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations 60041 

2008 Rule).’’ 76 FR 82115, 82116. 

Accordingly, the Department 

determined that it was necessary in light 

of the November Appropriations Act to 

delay the effective date of the Wage Rule 

in order to avoid the replacement of the 

H–2B 2008 Rule with a new rule that 

the Department lacks appropriated 

funds to implement. As a result, the 

Department issued a final rule, 76 FR 

73508, on November 29, 2011 which 

delayed the effective date of the Wage 

Rule until January 1, 2012. 

On December 23, 2011, President 

Obama signed into law the Consolidated 

Appropriations Act, 2012 (the December 

Appropriations Act), which provided 

that ‘‘[n]one of the amounts made 

available under this Act may be used to 

implement the [Wage Rule].’’ Similar to 

the November Appropriations Act, the 

December Appropriations Act prevented 

the expenditure of funds to implement 

the Wage Rule for the remainder of FY 

2012. In light of the December 

Appropriations Act, the Department 

issued a Final Rule, 76 FR 82115, on 

December 30, 2011, which further 

delayed the effective date of the Wage 

Rule until October 1, 2012. 

In anticipation of the enactment of 

H.J. Res. 117, which continues the 

Department’s appropriations from the 

December Appropriations Act until 

March 27, 2013 ‘‘under the authority 

and conditions provided’’ in the 

December Appropriations Act, H.J. Res. 

117, Sec. 101(a), the Department must 

again delay the effective date of the 

Wage Rule to prevent the replacement of 

the H–2B 2008 Rule with a new rule 

that the Department lacks appropriated 

funds to implement. As noted with the 

previous delays in the effective dates, if 

the Wage Rule were to become effective 

on October 1, 2012 and H.J. Res. 117 

becomes law, the Department would be 

unable to issue prevailing wage 

determinations under the H–2B 2008 

rule. The Department of Homeland 

Security (DHS), under its regulations at 

8 CFR 214.2(h)(6)(iii) and (iv) requires 

an employer seeking H–2B workers to 

obtain a labor certification from the 

Department. Because the Department 

would be legally precluded from issuing 

prevailing wage determinations, 

temporary labor certifications for 

employers seeking H–2B workers could 

not be issued because the Department 

could not comply with its own 

regulations or those of DHS. As a result, 

the H–2B program would be held in 

abeyance for the first 6 months of FY 

2013; therefore, the Department is 

extending the effective date of the Wage 

Rule until March 27, 2013. 

The Department considers this 

situation an emergency warranting the 

publication of a final rule under the 

good cause exception of the 

Administrative Procedure Act. See 5 

U.S.C. 553(b)(B) and 553(d)(3). In order 

to avoid an operational suspension 

during the first 6 months of FY 2013, 

the Department finds good cause to 

adopt this rule, effective immediately, 

and without prior notice and comment. 

See 5 U.S.C. 553(b)(B) and 553(d)(3). As 

such, a delay in promulgating this rule 

past the date of publication would be 

impracticable and unnecessary and 

would disrupt the program, leaving 

program users without access to the H– 

2B program. 

Signed at Washington, DC this 27th day of 

September, 2012. 

Jane Oates, 

Assistant Secretary for Employment and 

Training. 

[FR Doc. 2012–24264 Filed 9–28–12; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 36 

[Docket ID BIA–2012–0001] 

RIN 1076–AF10 

Heating, Cooling, and Lighting 

Standards for Bureau-Funded 

Dormitory Facilities 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) is confirming the interim final 

rule published and effective on May 24, 

2012, addressing heating, cooling, and 

lighting standards for Bureau-funded 

dormitory facilities. This rule was 

developed through negotiated 

rulemaking, as required by the No Child 

Left Behind Act of 2001. The May 24, 

2012, publication stated that the BIA 

would review comments on the interim 

final rule and either confirm the rule or 

initiate a proposed rulemaking. BIA did 

not receive any adverse comments, and 

therefore confirms the rule without 

change. 

DATES: Effective October 2, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Regina Gilbert, Office of Regulatory 

Affairs and Collaborative Action, Office 

of the Assistant Secretary—Indian 

Affairs, 1001 Indian School Road, NW., 

Suite 312, Albuquerque, NM 87104; 

telephone (505) 563–3805; fax (505) 

563–3811. 

SUPPLEMENTARY INFORMATION: The No 

Child Left Behind School Facilities and 

Construction Negotiated Rulemaking 

Committee developed the interim final 

rule to complete the work responding to 

the mandates of the No Child Left 

Behind Act at 25 U.S.C. 2002. See the 

May 24, 2012, interim final rule (77 FR 

30888) for additional background on the 

Committee. The Committee determined, 

by consensus, that the codes and 

standards identified in the ‘‘School 

Facilities Design Handbook’’ (handbook) 

dated March 30, 2007, respecting 

heating, ventilation, air conditioning, 

and lighting are appropriate for homeliving (dormitory) situations at Bureaufunded Indian education facilities. On 

May 24, 2012, BIA published the 

interim final rule (77 FR 30888), under 

Docket No. BIA–2012–0001, to make the 

codes and standards identified in the 

handbook respecting heating, 

ventilation, air conditioning, and 

lighting mandatory for home-living 

(dormitory) situations at Bureau-funded 

Indian education facilities; require the 

Bureau to give the public notice and an 

opportunity to comment on any 

proposal to change which standard 

building codes are incorporated in the 

handbook; and make a technical change 

to remove reference to subpart H, which 

is no longer in existence, and replace it 

with a reference to subpart G. 

We stated in the interim final rule that 

we would address comments received 

and, by a future publication in the 

Federal Register, confirm the interim 

final rule, with or without change, or 

initiate a proposed rulemaking. We did 

not receive any comments on the 

interim final rule; therefore, we are 

confirming the interim final rule 

without change. 

List of Subjects in 25 CFR Part 36 

Educational facilities, Incorporation 

by reference, Indians—education, 

school construction. 

Accordingly, the interim rule 

published May 24, 2012, at 77 FR 

30888, is adopted as final without 

change. 

Dated: September 20, 2012. 

Donald E. Laverdure, 

Acting Assistant Secretary—Indian Affairs. 

[FR Doc. 2012–24258 Filed 10–1–12; 8:45 am] 

BILLING CODE 4310–W7–P 


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