[Federal Register Volume 65, Number 219 (Monday, November 13, 2000)]
[Rules and Regulations]
[Page 67628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28897]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB23


Labor Certification and Petition Process for the Temporary 
Employment of Nonimmigrant Aliens in Agriculture in the United States; 
Delegation of Authority To Adjudicate Petitions; Deferral of Effective 
Date

AGENCY: Employment and Training Administration, Labor.

ACTION: Interim final rule with request for comments ; deferral of 
effective date of final rule.

-----------------------------------------------------------------------

SUMMARY: The Immigration and Naturalization Service (INS) has informed 
the Department of Labor (DOL or Department) that it intends to delay 
INS' delegation to DOL of authority to adjudicate petitions for the 
temporary employment of nonimmigrant aliens in agriculture in the 
United States. Additionally, DOL has the need for additional time to 
effectively implement the new procedures and to train and brief members 
of the affected public and the employment and training community in the 
new procedures. Therefore, the Department has determined to defer the 
effective date of the Final Rule promulgated at 65 FR 43538 (July 13, 
2000). Comments are being requested on this action. The rule being 
deferred amends the Employment and Training Administration (ETA) 
regulations to implement the delegation of authority to adjudicate 
petitions for temporary nonimmigrant agricultural workers (H-2A's) from 
the INS to the Department. A companion Proposed Rule setting forth the 
fee structure and consolidated form was published at 65 FR 43545 (July 
13, 2000). The extended comment period on the Proposed Rule has ended 
and DOL continues to review the comments.

DATES:   
    Effective Date: The effective date of the final rule in FR Doc. 00-
17641, published at 65 FR 43538 (July 13, 2000), is deferred from 
November 13, 2000, until October 1, 2001.
    Comments: Comments are invited on the deferral of the effective 
date. Submit comments on or before January 12, 2001.

ADDRESSES: Send comments to Assistant Secretary of Labor for Employment 
and Training, Attention: Division of Foreign Labor Certifications, 
Employment and Training Administration, 200 Constitution Avenue, NW., 
Room N-4456, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Denis M. Gruskin, Senior Specialist, 
Division of Foreign Labor Certifications, Employment and Training 
Administration, 200 Constitution Avenue, NW., Room N-4456, Washington, 
DC 20210. Telephone: (202) 693-2953 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The Department of Labor (DOL or Department) 
published a final rule in this rulemaking in the Federal Register on 65 
FR 43538 (July 13, 2000), with an effective date of November 13, 2000.
    It is DOL's understanding that INS has or will publish a rule 
delaying the effective date of that agency's delegation of authority to 
DOL, which would defer DOL's legal authority to exercise INS'' role 
with respect to H-2A visas.
    In addition, the Department found it impracticable to engage in 
adequate training of federal and State staff and briefing of 
stakeholders and other members of the public on the new system. This 
can be accomplished by delaying the effective date of the Final Rule.
    DOL has determined to defer the effective date through the end of 
the current Fiscal Year. This deferral will allow employers, workers, 
and government personnel time to familiarize themselves with the new 
system and forms and to resolve concerns over the change. In addition, 
comments are being sought from interested parties on the deferral of 
the effective date.
    The regulatory certifications set forth in the July 13, 2000, final 
rule apply to this deferral as well. For the above reasons, the 
Department finds good cause that prior notice on this rule was 
impracticable and contrary to the public interest, although in the 
interest of affording the public as much opportunity as possible to 
express their views, a post-publication comment period is being 
offered. 5 U.S.C. 553(b) and (c). The same reasons which justify not 
having a pre-publication period of notice and comment provide good 
cause to make this deferral effective upon publication in the Federal 
Register. 5 U.S.C. 553(d)(3).
    Accordingly, the effective date of the final rule in FR Doc. 00-
17641, published at 65 FR 43538 (July 13, 2000), is deferred until 
October 1, 2001.

    Signed at Washington, D.C., this 7th day of November, 2000.
Raymond L. Bramucci,
Assistant Secretary of Labor for Employment and Training.
[FR Doc. 00-28897 Filed 11-9-00; 8:45 am]
BILLING CODE 4510-30-P