60040 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations 

1CATA v. Solis, Civil Docket No. 09–240, Doc. 

No. 119, 2011 WL 2414555 (E.D. Pa. June 16, 2011). 

2See Louisiana Forestry Association, Inc., et al. 

(LFA) v. Solis, et al., Civil Docket No. 11–1623 

(W.D. La, Alexandria Division); and Bayou Lawn & 

Landscape Services, et al. (Bayou) v. Solis, et al., 

Civil Docket No. (N.D. Fla., Pensacola Division). 

3On September 19, 2011, the plaintiffs in the 

CATA litigation moved to intervene in the LFA 

litigation, and also moved to transfer venue over the 

litigation to the Eastern District of Pennsylvania, the 

court in which the CATA case remains pending. 

The plaintiffs’ motion to intervene was granted by 

the U.S. District Court in the Western District of 

Louisiana on Sept. 22, 2011, but was denied by the 

U.S. District Court in the Northern District of 

Florida on Nov. 23, 2011. Additionally, the motion 

to transfer venue was granted by the U.S. District 

Court in the Western District of Louisiana on Dec. 

12, 2011 but was denied by the U.S. District Court 

in the Northern District of Florida on Dec. 12, 2011. 

the Regulations.gov Web site. Most of 

the comments focused on the three main 

elements; ensuring minimum 

regulation, need for objective evidence, 

and general support or opposition to 

options proposed in the regulatory 

basis. The NRC staff reviewed and 

considered the comments in updating 

the draft regulatory basis to a final 

regulatory basis. A listing of the 

comments and the NRC’s comment 

responses are provided in ADAMS 

under Accession No. ML12240A676. 

The final regulatory basis provides the 

technical basis to support proceeding 

with rulemaking to streamline and 

enhance the Research and Test Reactor 

License Renewal Process. The final 

regulatory basis is provided in ADAMS 

under Accession No. ML12240A677. 

FOR FURTHER INFORMATION CONTACT: 

Duane Hardesty, Project Manager, 

Research and Test Reactors Licensing 

Branch, Division of Policy and 

Rulemaking, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: 301–415–3724; email: 

Duane.Hardesty@nrc.gov. 

The NRC is issuing this notice for the 

availability of the final regulatory basis 

to streamline non-power reactor license 

renewal. 

Dated at Rockville, Maryland, this 19th day 

of September 2012. 

For the Nuclear Regulatory Commission, 

Linh N. Tran, 

Acting Chief, Research and Test Reactors 

Licensing Branch, Division of Policy and 

Rulemaking, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2012–24221 Filed 10–1–12; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB61 

Wage Methodology for the Temporary 

Non-Agricultural Employment H–2B 

Program; Delay of Effective Date 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The Department of Labor 

(Department) is delaying the effective 

date of the Wage Methodology for the 

Temporary Non-agricultural 

Employment H–2B Program final rule, 

in response to recently enacted 

legislation that prohibits any funds from 

being used to implement the Wage Rule 

for the first 6 months of fiscal year (FY) 

2013. The Wage Rule revised the 

methodology by which the Department 

calculates the prevailing wages to be 

paid to H–2B workers and United States 

(U.S.) workers recruited in connection 

with a temporary labor certification for 

use in petitioning the Department of 

Homeland Security to employ a 

nonimmigrant worker in H–2B status. 

DATES: The effective date for the final 

rule amending 20 CFR part 655, 

published at 76 3452, January 19, 2011, 

effective January 1, 2012, amended to 

September 30, 2011, at 76 FR 45667, 

August 1, 2011, delayed until November 

30, 2011, at 76 FR 59896 (September 28, 

2011), delayed until January 1, 2012, at 

76 FR 73508 (November 29, 2011), and 

delayed until October 1, 2012 at 76 FR 

82115 (December 30, 2011), is further 

delayed until March 27, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, Ph.D., 

Administrator, Office of Foreign Labor 

Certification, ETA, U.S. Department of 

Labor, 200 Constitution Avenue NW., 

Room C–4312, Washington, DC 20210; 

Telephone (202) 693–3010 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone number above via 

TTY by calling the toll-free Federal 

Information Relay Service at 1–877– 

889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: 

The Department published the Wage 

Methodology for the Temporary Nonagricultural Employment H–2B Program 

final rule (the Wage Rule) on January 19, 

2011, 76 FR 3452. The Wage Rule 

revised the methodology by which the 

Department calculates the prevailing 

wages to be paid to H–2B workers and 

United States (U.S.) workers recruited in 

connection with a temporary labor 

certification for use in petitioning the 

Department of Homeland Security to 

employ a nonimmigrant worker in H–2B 

status. The Department originally set the 

effective date of the Wage Rule for 

January 1, 2012. However, due to a court 

ruling that invalidated the January 1, 

2012 effective date of the Wage Rule,1

the Department issued a Notice of 

Proposed Rulemaking (NPRM) on June 

28, 2011, which proposed that the Wage 

Rule take effect 60 days from the date 

of publication of a final rule resulting 

from the NPRM. 76 FR 37686 (June 28, 

2011). After a period of public 

comment, a Final Rule was published 

on August 1, 2011, which set the new 

effective date for the Wage Rule of 

September 30, 2011 (the Effective Date 

Rule). 

Both the Wage Rule and the Effective 

Date Rule were challenged in two 

separate lawsuits 2 seeking to bar their 

implementation. In consideration of the 

two pending challenges to the Wage 

Rule and its new effective date, and the 

possibility that the litigation would be 

transferred to another court,3 the 

Department issued a final rule, 76 FR 

59896, September 28, 2011, postponing 

the effective date of the Wage Rule from 

September 30, 2011, until November 30, 

2011, in accordance with the 

Administrative Procedure Act, 5 U.S.C. 

705. 

Thereafter, the Department postponed 

the effective date of the Wage Rule 

again, in light of the enactment on 

November 18, 2011, of the Consolidated 

and Further Continuing Appropriations 

Act, 2012, which provided that ‘‘[n]one 

of the funds made available by this or 

any other Act for fiscal year 2012 may 

be used to implement, administer, or 

enforce, prior to January 1, 2012 the 

[Wage Rule].’’ Public Law 112–55, Div. 

B, Title V, § 546 (Nov. 18, 2011) (the 

November Appropriations Act). In 

delaying the Wage Rule’s effective date, 

the Department stated that although the 

November Appropriations Act 

‘‘prevent[ed] the expenditure of funds to 

implement, administer, or enforce the 

Wage Rule before January 1, 2012, it did 

not prohibit the Wage Rule from going 

into effect, which was scheduled to 

occur on November 30, 2011. When the 

Wage Rule goes into effect, it will 

supersede and make null the prevailing 

wage provisions at 20 CFR 655.10(b) of 

the Department’s existing H–2B 

regulations, which were promulgated 

under Labor Certification Process and 

Enforcement for Temporary 

Employment in Occupations Other 

Than Agriculture or Registered Nursing 

in the United States (H–2B Workers), 

and Other Technical Changes; final rule, 

73 FR 78020, Dec. 19, 2008 (the H–2B 


wreier-aviles on DSK5TPTVN1PROD with RULES
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 


wreier-aviles on DSK5TPTVN1PROD with RULES