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

1 CATA v. Solis, Civil Docket No. 09–240, Doc. No. 119, 2011 WL 2414555 (E.D. Pa. June 16, 2011). 2 See 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).

3 On 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 WageMethodology 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


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

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**