Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 17597 

6 5 U.S.C. 553(b). 

7 5 U.S.C. 601–612. 

8 5 U.S.C. 553(d)(3). 

9 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 

10 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 

78ll. 

11 15 U.S.C. 77sss. 

12 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. 

between 10000 and 14999. In addition, 

the validation for the ‘‘Comptroller of 

the Currency’’ will be modified such 

that the file number prefix must begin 

with ‘‘085’’ and have a sequence 

number between 10000 and 14999. 

The EDGARLite Form TA–W (Notice 

of Withdrawal from Registration as 

Transfer Agent) OMB expiration date 

displayed will be corrected to be ‘‘July 

30, 2011.’’ 

Along with adoption of the Filer 

Manual, we are amending Rule 301 of 

Regulation S–T to provide for the 

incorporation by reference into the Code 

of Federal Regulations of today’s 

revisions. This incorporation by 

reference was approved by the Director 

of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR Part 51. 

You may obtain paper copies of the 

updated Filer Manual at the following 

address: Public Reference Room, U.S. 

Securities and Exchange Commission, 

100 F Street, NE., Room 1520, 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. We will post electronic 

format copies on the Commission’s Web 

site; the address for the Filer Manual is 

http://www.sec.gov/info/edgar.shtml. 

You may also obtain copies from 

Thomson Financial, the paper 

document contractor for the 

Commission, at (800) 638–8241. 

Since the Filer Manual relates solely 

to agency procedures or practice, 

publication for notice and comment is 

not required under the Administrative 

Procedure Act (APA).6 It follows that 

the requirements of the Regulatory 

Flexibility Act 7 do not apply. 

The effective date for the updated 

Filer Manual and the rule amendments 

is April 16, 2009. In accordance with 

the APA,8 we find that there is good 

cause to establish an effective date less 

than 30 days after publication of these 

rules. The EDGAR system upgrade to 

Release 9.14 is scheduled to become 

available on December 15, 2008. The 

Commission believes that establishing 

an effective date less than 30 days after 

publication of these rules is necessary to 

coordinate the effectiveness of the 

updated Filer Manual with the system 

upgrade. 

Statutory Basis 

We are adopting the amendments to 

Regulation S–T under Sections 6, 7, 8, 

10, and 19(a) of the Securities Act of 

1933,9 Sections 3, 12, 13, 14, 15, 23, and 

35A of the Securities Exchange Act of 

1934,10 Section 319 of the Trust 

Indenture Act of 1939,11 and Sections 8, 

30, 31, and 38 of the Investment 

Company Act of 1940.12

List of Subjects in 17 CFR Part 232 

Incorporation by reference, Reporting 

and recordkeeping requirements, 

Securities. 

Text of the Amendment 

■ In accordance with the foregoing, 

Title 17, Chapter II of the Code of 

Federal Regulations is amended as 

follows: 

PART 232—REGULATION S–T— 

GENERAL RULES AND REGULATIONS 

FOR ELECTRONIC FILINGS 

■ 1. The authority citation for Part 232 

continues to read in part as follows: 

Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 

77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, 

78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, 

80a–30, 80a–37, and 7201 et seq.; and 18 

U.S.C. 1350 

* * * * * 

■ 2. Section 232.301 is revised to read 

as follows: 

§ 232.301 EDGAR Filer Manual. 

Filers must prepare electronic filings 

in the manner prescribed by the EDGAR 

Filer Manual, promulgated by the 

Commission, which sets out the 

technical formatting requirements for 

electronic submissions. The 

requirements for becoming an EDGAR 

Filer and updating company data are set 

forth in the updated EDGAR Filer 

Manual, Volume I: ‘‘General 

Information,’’ Version 5 (September 

2008). The requirements for filing on 

EDGAR are set forth in the updated 

EDGAR Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 10 (December 

2008). Additional provisions applicable 

to Form N–SAR filers are set forth in the 

EDGAR Filer Manual, Volume III: ‘‘N– 

SAR Supplement,’’ Version 1 

(September 2005). All of these 

provisions have been incorporated by 

reference into the Code of Federal 

Regulations, which action was approved 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR Part 51. You must comply with 

these requirements in order for 

documents to be timely received and 

accepted. You can obtain paper copies 

of the EDGAR Filer Manual from the 

following address: Public Reference 

Room, U.S. Securities and Exchange 

Commission, 100 F Street, NE., Room 

1520, Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Electronic copies are 

available on the Commission’s Web site. 

The address for the Filer Manual is 

http://www.sec.gov/info/edgar.shtml. 

You can also inspect the document at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Dated: April 8, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–8589 Filed 4–15–09; 8:45 am] 

BILLING CODE 8010–02–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB55 

Temporary Agricultural Employment of 

H–2A Aliens in the United States 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Interim Final Rule. 

SUMMARY: The Department of Labor 

(‘‘Department’’ or ‘‘DOL’’) is amending 

its regulations to extend the transition 

period of the application filing 

procedures currently in effect for all H– 

2A employers with a date of need on or 

before July 1, 2009, as established in the 

H–2A Final Rule published on 

December 18, 2008 and in effect as of 

January 17, 2009. The transition period 

is extended to include all employers 

with a date of need on or before January 

1, 2010. 

DATES: This Interim Final Rule is 

effective April 16, 2009. The grounds for 

making the rule effective upon 

publication in the Federal Register are 

set forth in SUPPLEMENTARY INFORMATION

below. Interested persons are invited to 

submit written comments on the Interim 

Final Rule on or before May 18, 2009. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN) 1205–AB55, by any one 

of the following methods: 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov: Follow the Web 

site instructions for submitting 

comments. 


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17598 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 

Mail: Please submit all written 

comments (including disk and CD–ROM 

submissions) to Thomas Dowd, 

Administrator, Office of Policy 

Development and Research, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5641, Washington, DC 20210. 

Hand Delivery/Courier: Please submit 

all comments to Thomas Dowd, 

Administrator, Office of Policy 

Development and Research, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5641, Washington, DC 20210. 

Please submit your comments by only 

one method. The Department will post 

all comments received on http:// 

www.regulations.gov without making 

any change to the comments, including 

any personal information provided. The 

http://www.regulations.gov Web site is 

the Federal e-Rulemaking portal and all 

comments posted there are available 

and accessible to the public. The 

Department cautions commenters not to 

include their personal information such 

as Social Security numbers, personal 

addresses, telephone numbers, and email addresses in their comments as 

such submitted information will become 

viewable by the public via the http:// 

www.regulations.gov Web site. It is the 

responsibility of the commenter to 

safeguard his or her information. 

Comments submitted through http:// 

www.regulations.gov will not include 

the commenter’s e-mail address unless 

the commenter chooses to include that 

information as part of his or her 

comment. Postal delivery in 

Washington, DC, may be delayed due to 

security concerns. Therefore, the 

Department encourages the public to 

submit comments via the Web site 

indicated above. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking portal at http:// 

www.regulations.gov. The Department 

will also make all the comments it 

receives available for public inspection 

during normal business hours at the 

ETA Office of Policy Development and 

Research at the above address. If you 

need assistance to review the comments, 

the Department will provide you with 

appropriate aids such as readers or print 

magnifiers. The Department will make 

copies of the rule available, upon 

request, in large print and as an 

electronic file on a computer disk. The 

Department will consider providing the 

proposed rule in other formats upon 

request. To schedule an appointment to 

review the comments and/or obtain the 

rule in an alternate format, contact the 

Office of Policy Development and 

Research at (202) 693–3700 (VOICE) 

(this is not a toll-free number) or 1–877– 

889–5627 (TTY/TDD). 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, PhD, Administrator, 

Office of Foreign Labor Certification, 

Employment and Training 

Administration (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 1–800– 

877–8339. 

SUPPLEMENTARY INFORMATION: 

I. The Need for Extending H–2A 

Transition Procedures 

On December 18, 2008, the 

Department published final regulations 

revising title 20 of the Code of Federal 

Regulations (20 CFR), part 655, and title 

29 of the Code of Federal Regulations 

(29 CFR), parts 501, 780, and 788 (the 

‘‘H–2A Final Rule’’). See 73 FR 77110, 

Dec. 18, 2008. The H–2A Final Rule 

replaced the previous versions of 20 

CFR part 655 subparts B and C (2008), 

and amended parts of 29 CFR part 501 

(2008) that, in large part, were 

published at 52 FR 20507, June 1, 1987. 

The H–2A Final Rule became effective 

on January 17, 2009. 

The H–2A Final Rule significantly 

changes the H–2A labor certification 

process. The Final Rule provides for a 

transition period to enable employers to 

gradually change their process for 

recruitment and solicitation of workers, 

both foreign and domestic, and become 

accustomed to the filing procedures 

delineated in the new regulations. The 

transition procedures set out an 

application process enabling employers 

to file applications with the Department 

and then to initiate recruitment 

following the new procedures. 

Currently, the transition period 

procedures apply to employers with a 

date of need for workers prior to July 1, 

2009. The Department estimates that on 

or about April 17, 2009 employers with 

a date of need of July 1, 2009 or later 

will begin to use the regular filing 

procedures and thus commence the 

process of recruiting prior to filing as 

outlined in the December 18 Final 

Regulations. 

On March 17, 2009, the Department 

published a Notice of Proposed 

Suspension of the Final Rule to provide 

the Department with an opportunity to 

review and reconsider the new 

requirements, while minimizing the 

disruption to the Department, State 

Workforce Agencies, employers, and 

workers. The Department further 

proposed to reinstate the rules that were 

in place on January 16, 2009, on an 

interim basis. The period for submitting 

comments on the Department’s proposal 

closed on March 27, 2009. The 

Department received over 800 unique, 

substantive comments on its proposal 

and is currently in the process of 

considering those comments. Because of 

the time required to carefully consider 

all the comments on the proposed 

suspension, the Department will not be 

able to complete its analysis of the 

comments before employers with dates 

of need beginning July 2, 2009 are 

expected to commence the process of 

pre-filing recruitment on April 17, 2009, 

in accordance with the Final Rule. The 

full implementation schedule of the 

regulation requires employers with a 

date of need for workers on or after July 

1, 2009, to engage in full recruitment 

prior to filing an application for H–2A 

certification. The regulation calls for 

such pre-filing recruitment to take place 

at least 75 days prior to the date of need 

for workers. Seventy-five days from a 

date of need of July 1, 2009—the first 

date anyone with a date of need of July 

1, 2009, would actually need to begin 

pre-filing recruitment—is April 17, 

2009. 

Accordingly, the Department has 

determined that an extension of the 

period in which the transition 

procedures are available is necessary. 

This is required for the following 

reasons. First, absent an extension of the 

transition procedures, the Department 

will be unable to designate traditional 

and expected labor supply States in 

which positive recruitment must take 

place, as required by statute. Under the 

Final Rule, employers must engage in 

positive recruitment consistent with 

Section 218(b)(4) of the Immigration and 

Nationality Act (INA). In particular, the 

regulation at 655.102(i) requires 

employers to engage in positive 

recruitment in traditional or expected 

labor supply States in which there are 

a significant number of qualified 

domestic workers who would be willing 

and available for work in those States. 

Under the transition procedures, 

employers are provided that information 

as part of their post-filing recruitment 

instructions. However, employers with 

dates of need after July 1, 2009 would 

be subject to the pre-filing recruitment 

model of the Final Rule and would no 

longer have access to that information 

when conducting recruitment. Rather, 

the Final Rule requires the Department 


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to first solicit information from a broad 

range of sources and then publish an 

annual determination for each State, of 

the States where the sources of 

traditional or expected labor supply 

would be (the ‘‘Secretary’s Annual 

Determination’’). 20 CFR 655.102(i), 73 

FR 77215, Dec. 18, 2008. However, that 

information would have to be solicited 

through a notice in the Federal Register 

at least 120 days before the 

announcement of the Secretary’s 

Annual Determination, allowing the 

public to provide the Department with 

information to assist the Secretary in 

making her determination. Id. In order 

for the first Annual Determination to 

have been timely, the Department 

would have had to publish the 

solicitation before the Final Rule’s 

effective date, effectively implementing 

a provision of the Final Rule before the 

rule itself. Accordingly, the Department 

is evaluating how best to implement this 

provision. 

Second, without an extension of the 

transition period, the Department would 

not be able to meet its statutory 

obligation under Section 218(b)(4) of the 

INA to designate traditional or expected 

labor supply States in which there are 

a significant number of qualified 

domestic workers who would be willing 

and available for work in those States. 

The absence of such a designation 

would create a gap in the recruitment 

process since employers would 

effectively be excused from engaging in 

recruitment in such States. The nation’s 

current unemployment rate of 8.5%— 

the worst that it has been in nearly 25 

years—makes it even more compelling 

for the Department to designate, and 

employers to conduct recruitment in, 

traditional or expected labor supply 

States. Given the current economic 

conditions, it would be contrary to the 

public interest and detrimental to the 

nation’s economic well-being to deprive 

U.S. workers of the opportunity to apply 

for jobs that they would be willing and 

available to perform. Additionally, 

extending the transition period merely 

continues the longstanding practice of 

positive multi-state recruitment by 

employers. Accordingly, an extension of 

the transition period, with direct notice 

to employers of their expected 

recruitment in States of traditional or 

expected labor supply (and a suitable 

time frame for its execution), is 

necessary. 

Because it would be impossible to 

solicit such information and issue the 

Determination in time for employers 

with start dates of July 1, 2009, the 

Department believes it is appropriate to 

extend the transition period procedures 

in 20 CFR 655.100(b)(2) to all employers 

filing H–2A applications with the 

Department that have a date of need 

prior to January 1, 2010. This will 

extend the transition procedures fully 

until mid-October, 2009, at which time 

employers will begin to initiate 

recruitment under the full final 

regulatory procedures, absent any 

further Department action. Employers 

requiring H–2A temporary agricultural 

workers to start work before January 1, 

2010, will file Applications for 

Temporary Employment Certification in 

accordance with the transition period 

procedures in 20 CFR 655.100(b)(2). 

II. Administrative Information 

A. Executive Order 12866—Regulatory 

Planning and Review 

Under Executive Order (E.O.) 12866, 

the Department must determine whether 

a regulatory action is ‘‘significant’’ and 

therefore subject to the requirements of 

the E.O. and subject to review by the 

Office of Management and Budget 

(OMB). Section 3(f) of the E.O. defines 

a ‘‘significant regulatory action’’ as an 

action that is likely to result in a rule 

(1) having an annual effect on the 

economy of $100 million or more, or 

adversely and materially affecting a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local or 

tribal governments or communities (also 

referred to as ‘‘economically 

significant’’); (2) creating serious 

inconsistency or otherwise interfering 

with an action taken or planned by 

another agency; (3) materially altering 

the budgetary impacts of entitlement 

grants, user fees, or loan programs or the 

rights and obligations of recipients 

thereof; or (4) raising novel legal or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the E.O. 

The Department has determined that 

this Interim Final Rule is not an 

‘‘economically significant regulatory 

action’’ under Section 3(f)(1) of 

E.O.12866. The procedures for 

extending the time during which 

employers seeking H–2A workers will 

file pursuant to the transition 

procedures will not have an economic 

impact of $100 million or more. The 

regulation will not adversely affect the 

economy or any sector thereof, 

productivity, competition, jobs, the 

environment, nor public health or safety 

in a material way. The Department has 

also determined that this Interim Final 

Rule is a ‘‘significant regulatory action’’ 

under Section 3(f)(4) of the E.O., and 

accordingly OMB has reviewed this 

Interim Final Rule. 

Summary of Impacts 

The change in this Interim Final Rule 

is expected to have little net direct cost 

impact on employers, above and beyond 

the baseline of the current costs 

required by the program as it is 

currently implemented. Employer costs 

for newspaper advertising for the 

conduct of positive recruitment in 

traditional or expected labor supply 

states will not increase as a result of this 

Interim Final Rule. 

B. Regulatory Flexibility Analysis 

When an agency issues a rulemaking 

proposal, the Regulatory Flexibility Act 

(RFA) requires that a regulatory 

flexibility analysis be prepared and 

made available for public comment. The 

RFA must describe the impact of the 

rule on small entities. See 5 U.S.C. 

603(a). Section 605 of the RFA allows an 

agency to certify a rule, in lieu of 

preparing an analysis, if the rulemaking 

is not expected to have significant 

economic impact on a substantial 

number of small entities. The Deputy 

Assistant Secretary of ETA has notified 

the Chief Counsel for Advocacy, Small 

Business Administration (SBA), and 

certifies under the RFA at 5 U.S.C. 

605(b), that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The rule does not substantively change 

existing obligations for employers who 

choose to participate in the H–2A 

temporary agricultural worker program. 

The factual basis for such a 

certification is that even though this 

rule can and does affect small entities, 

there are not a substantial number of 

small entities that will be affected, nor 

is there a significant economic impact 

upon those small entities that are 

affected. Of the total 2,089,790 farms in 

the United States, 98 percent have sales 

of less than $750,000 per year and fall 

within SBA’s definition of small 

entities. In FY 2007, however, only 

7,725 employers filed requests for only 

80,294 workers. That represents fewer 

than 1 percent of all farms in the United 

States. Even if all of the 7,725 employers 

who filed applications under H–2A in 

FY2007 were small entities, that is still 

a relatively small number of employers 

affected, and this is expected to have 

little net direct cost impact on 

employers, above and beyond the 

baseline of the current costs required by 

the program as it is currently 

implemented. 

C. Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act (UMRA) of 1995 


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17600 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 

(2 U.S.C. 1501 et seq.) directs agencies 

to assess the effects of a Federal 

regulatory action on State, local, and 

tribal governments, and the private 

sector to determine whether the 

regulatory action imposes a Federal 

mandate. A Federal mandate is defined 

in the Act at 2 U.S.C. 658(5)–(7) to 

include any provision in a regulation 

that imposes an enforceable duty upon 

State, local, or tribal governments, or 

imposes a duty upon the private sector 

which is not voluntary. Further, each 

agency is required to provide a process 

where State, local, and tribal 

governments may comment on the 

regulation as it develops, which further 

promotes coordination between the 

Federal and the State, local, and tribal 

governments. 

This Interim Final Rule imposes no 

enforceable duty upon State, local or 

tribal governments, nor does it impose 

a duty upon the private sector that is not 

voluntary. In fact, the Interim Final Rule 

imposes no duties whatsoever upon 

State, local or tribal governments. The 

duties imposed are completely upon the 

Federal government—the Chicago 

National Processing Center of the Office 

of Foreign Labor Certification—and on 

the employers who will continue to 

recruit, but by personalized instruction 

rather than through compliance with a 

Notice in the Federal Register. 

D. Executive Order 13132—Federalism 

Executive Order 13132 addresses the 

Federalism impact of an agency’s 

regulations on the States’ authority. 

Under E.O. 13132, Federal agencies are 

required to consult with States prior to 

and during the implementation of 

national policies that have a direct effect 

on the States, the relationship between 

the Federal government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Further, an agency 

is permitted to limit a State’s discretion 

when it has statutory authority and the 

regulation is a national activity that 

addresses a problem of national 

significance. 

This Interim Final Rule has no direct 

effect on the States, the relationship 

between the Federal government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. The 

continuation of a procedure by which 

employers comply with a statutory 

recruitment requirement has no direct 

impact on the States. 

E. Executive Order 13175—Indian 

Tribal Governments 

Executive Order 13175 requires 

Federal agencies to develop policies in 

consultation with tribal officials when 

those policies have tribal implications. 

This Interim Final Rule regulates the H– 

2A visa program and does not have 

tribal implications. Therefore, the 

Department has determined that this 

E.O. does not apply to this rulemaking. 

F. Assessment of Federal Regulations 

and Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 (5 U.S.C. 601 note) requires 

agencies to assess the impact of Federal 

regulations and policies on families. 

The assessment must address whether 

the regulation strengthens or erodes the 

stability, integrity, autonomy, or safety 

of the family. 

This Interim Final Rule does not have 

an impact on the autonomy or integrity 

of the family as an institution, as it is 

described under this provision. The 

Department has determined that there 

are no costs associated with the Interim 

Final Rule; even if there were, however, 

they are not of a magnitude to adversely 

affect family well-being. 

G. Executive Order 12630—Protected 

Property Rights 

Executive Order 12630, Governmental 

Actions and the Interference with 

Constitutionally Protected Property 

Rights, prevents the Federal government 

from taking private property for public 

use without compensation. It further 

institutes an affirmative obligation that 

agencies evaluate all policies and 

regulations to ensure there is no impact 

on constitutionally protected property 

rights. Such policies include rules and 

regulations that propose or implement 

licensing, permitting, or other condition 

requirements or limitations on private 

property use, or that require dedications 

or exactions from owners of private 

property. The Department has 

determined this rule does not have 

takings implications. 

H. Executive Order 12988—Civil Justice 

Reform 

Section 3 of E.O. 12988, Civil Justice 

Reform, requires Federal agencies to 

draft regulations in a manner that will 

reduce needless litigation and will not 

unduly burden the Federal court 

system. Therefore, agencies are required 

to review regulations for drafting errors 

and ambiguity; to minimize litigation; 

ensure that it provides a clear legal 

standard for affected conduct rather 

than a general standard; and promote 

simplification and burden reduction. 

This Interim Final Rule has been 

drafted in clear language and with 

detailed provisions that aim to 

minimize litigation. The purpose of this 

rule is to continue the transition 

procedures to enable employers to 

continue to comply with their statutory 

recruitment requirements. Therefore, 

the Department has determined that the 

regulation meets the applicable 

standards set forth in Section 3 of E.O. 

12988. 

Plain Language 

Every Federal agency is required to 

draft regulations that are written in 

plain language to better inform the 

public about policies. The Department 

has assessed this Interim Final Rule 

under the plain language requirements 

and determined that it follows the 

government’s standards requiring 

documents to be accessible and 

understandable to the public. 

I. Executive Order 13211—Energy 

Supply 

This Interim Final Rule is not subject 

to E.O. 13211, which assesses whether 

a regulation is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Accordingly, the Department has 

determined that this rule does not 

represent a significant energy action and 

does not warrant a Statement of Energy 

Effects. 

J. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; see 5 CFR part 

1320) requires that the Office of 

Management and Budget (OMB) 

approve all collections of information 

by a Federal agency from the public 

before they can be implemented. 

Respondents are not required to respond 

to any collection of information unless 

it displays a current valid OMB control 

number. Information collections in this 

Interim Final Rule have been previously 

approved under OMB No. 1205–0466. 

No change in that collection is proposed 

by this Interim Final Rule. 

K. Good Cause Exception 

For reasons identified in the 

preamble, the Department finds good 

cause to adopt this Interim Final Rule, 

effective immediately, and without prior 

notice and comment. See 5 U.S.C. 

553(b)(3) and 553(d)(3). DOL has 

determined that it would be 

impracticable, unnecessary, and 

contrary to the public interest to delay 

the effective date of this rule. The 

reasons for extending the transition 

period, discussed above, lead the 

Department to believe that immediate 

action must be taken to ensure that the 

Department and employers are able to 

meet their statutory obligations and to 

prevent confusion, ensure program 


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integrity, and maximize the availability 

of job opportunities for the U.S. 

workforce during a time of economic 

crisis. As such, a delay in promulgation 

of this rule past the date of publication 

would confuse and potentially disrupt 

the program to the detriment of the 

public interest. 

List of Subjects in 20 CFR Part 655 

Administrative practice and 

procedure, Foreign workers, 

Employment, Employment and training, 

Enforcement, Forest and forest products, 

Fraud, Health professions, Immigration, 

Labor, Passports and visas, Penalties, 

Reporting and recordkeeping 

requirements, Unemployment, Wages, 

Working conditions. 

■ For the reasons stated in the preamble, 

the Department amends 20 CFR part 655 

as follows: 

PART 655—TEMPORARY 

EMPLOYMENT OF FOREIGN 

WORKERS IN THE UNITED STATES 

■ 1. The authority citation for part 655 

continues to read as follows: 

Authority: Section 655.0 issued under 8 

U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) 

and (ii), 1182(m), (n) and (t), 1184(c), (g), and 

(j), 1188, and 1288(c) and (d); sec. 3(c)(1), 

Public Law 101–238, 103 Stat. 2099, 2102 (8 

U.S.C. 1182 note); sec. 221(a), Public Law 

101–649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 

note); sec. 303(a)(8), Public Law 102–232, 

105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 

323(c), Public Law 103–206, 107 Stat. 2428; 

sec. 412(e), Public Law 105–277, 112 Stat. 

2681 (8 U.S.C. 1182 note); sec. 2(d), Public 

Law 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 

1182 note); Public Law 109–423, 120 Stat. 

2900; and 8 CFR 214.2(h)(4)(i). 

Section 655.00 issued under 8 U.S.C. 

1101(a)(15)(H)(ii), 1184(c), and 1188; and 8 

CFR 214.2(h). 

Subparts A and C issued under 8 CFR 

214.2(h). 

Subpart B issued under 8 U.S.C. 

1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 

CFR 214.2(h). 

Subparts D and E authority repealed. 

Subparts F and G issued under 8 U.S.C. 

1288(c) and (d); and sec. 323(c), Public Law 

103–206, 107 Stat. 2428. 

Subparts H and I issued under 8 U.S.C. 

1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and 

(t), and 1184(g) and (j); sec. 303(a)(8), Public 

Law 102–232, 105 Stat. 1733, 1748 (8 U.S.C. 

1101 note); sec. 412(e), Public Law 105–277, 

112 Stat. 2681; and 8 CFR 214.2(h). 

Subparts J and K authority repealed. 

Subparts L and M issued under 8 U.S.C. 

1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), 

Pub. L. 106–95, 113 Stat. 1312, 1316 (8 U.S.C. 

1182 note); Pub. L. 109–423, 120 Stat. 2900; 

and 8 CFR 214.2(h). 

■ 2. Amend § 655.100 by revising 

paragraph (b)(1) and the introductory 

text of paragraph (b)(2) to read as 

follows: 

§ 655.100 Overview of subpart B and 

definition of terms. 

* * * * * 

(b) * * * 

(1) Compliance with these regulations. 

Employers with a date of need for H–2A 

workers for temporary or seasonal 

agricultural services on or after January 

1, 2010 must comply with all of the 

obligations and assurances required in 

this subpart. 

(2) Transition from former 

regulations. Employers with a date of 

need for H–2A workers for temporary or 

seasonal agricultural services prior to 

January 1, 2010 will file applications in 

the following manner: 

* * * * * 

Signed in Washington, DC, this 14th day of 

April 2009. 

Douglas F. Small, 

Deputy Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. E9–8815 Filed 4–15–09; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0154] 

RIN 1625–AA00 

Safety Zone; Sea World Spring Nights; 

Mission Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone, on the 

navigable waters of Mission Bay in 

support of the Sea World Spring Nights. 

This safety zone is necessary to provide 

for the safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 8:30 

p.m. on April 4, 2009 through 9:30 p.m. 

on April 19, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0154 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0154 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

two locations: the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays, 

and the Coast Guard Sector San Diego, 

2710 N. Harbor Drive, San Diego, CA 

92101–1064 between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Petty Officer Shane Jackson, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA at 

telephone (619) 278–7262. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is necessary to ensure 

the safety of commercial and 

recreational vessels in the vicinity of the 

fireworks display on the dates and times 

this rule will be in effect and delay 

would be contrary to the public interests 

since immediate action is needed to 

ensure the public’s safety. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Any delay in the effective date 

of this rule would expose mariners to 

the dangers posed by the pyrotechnics 

used in the fireworks display. 

Background and Purpose 

Sea World is sponsoring the Sea 

World Spring Nights, which will 

include a fireworks presentation from a 

barge in Mission Bay. The safety zone 

will be a 600 foot radius around the 


tjames on PRODPC75 with RULES