59896 Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Rules and Regulations 

Airway segment Changeover points 

From To Distance From 

§ 95.8003 VOR Federal Airway Changeover Points 

V47 Is Amended to Add Changeover Point 

POCKET CITY, IN VORTAC ............................................ NABB, IN VORTAC .......................................................... 53 POCKET 

CITY 

V163 Is Amended to Delete Changeover Point 

BROWNSVILLE, TX VORTAC ......................................... CORPUS CHRISTI, TX VORTAC ................................... 71 BROWNSVILLE 

V203 Is Amended to Delete Changeover Point 

SARANAC LAKE, NY VOR/DME ..................................... MASSENA, NY VORTAC ................................................ 11 SARANAC 

LAKE 

[FR Doc. 2011–24718 Filed 9–27–11; 8:45 am] 

BILLING CODE 4910–13–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; Postponement of Effective 

Date 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The Department of Labor 

(Department) is postponing the effective 

date of the Wage Methodology for the 

Temporary Non-Agricultural 

Employment H–2B Program; Final Rule, 

76 FR 3452, Jan. 19, 2011, (the Wage 

Rule). The Wage Rule revised the 

methodology by which we calculate 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 effective 

date of the Wage Rule was set at January 

1, 2012. However, the Wage 

Methodology for the Temporary NonAgricultural Employment H–2B 

Program; Amendment of Effective Date; 

Final Rule, 76 FR 45667, August 1, 2011 

revised the effective date to September 

30, 2011. Due to pending legal 

challenges, we are postponing the 

effective date of the Wage Rule to 

November 30, 2011, pursuant to the 

Administrative Procedure Act, 5 U.S.C. 

705. 

DATES: The effective date of the rule 

amending 20 CFR part 655 published at 

76 FR 45667, August 1, 2011 is delayed 

until November 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, PhD, 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 Rule on 

January 19, 2011, 76 FR 3452. The Wage 

Rule revised the methodology by which 

we calculate 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 the H–2B 

status. 

The Department originally set the 

effective date of the Wage Rule for 

January 1, 2012. On January 24, 2011, 

the plaintiffs in CATA v. Solis, Civil No. 

2:09–cv–240–LP (E.D. Pa.) filed a 

motion in which they argued that the 

January 1, 2012 effective date did not 

comply with the court’s August 30, 2010 

order to promulgate new rules 

concerning the calculation of the 

prevailing wage rate in the H–2B 

program. CATA v. Solis, Dkt. No. 103– 

1, Plaintiff’s Motion for an Order 

Enforcing the Judgment at 2 (Jan. 24, 

2011). On June 16, 2011, the court 

issued a ruling that invalidated the 

January 1, 2012 effective date of the 

Wage Rule and ordered us to announce 

a new effective date for the rule within 

45 days from June 16. CATA, 2011 WL 

2414555 at *4. 

In response to the court’s order, we 

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, we published the 

Final Rule on August 1, 2011, which set 

the new effective date for the Wage Rule 

at September 30, 2011, without altering 

the substance of the Wage Rule. 76 FR 

45667. 

On September 7, 2011, the Louisiana 

Forestry Association, Inc., and others 

filed suit against the Department in the 

United States District Court for the 

Western District of Louisiana, 

Alexandria Division. Louisiana Forestry 

Association, Inc., et al (LFA) v. Solis, et 

al, Civil Docket No. 11–1623. LFA 

claims that the Wage Rule, and the 

subsequent rule amending the Wage 

Rule’s original effective date, violate the 

Takings Clause of the Fifth Amendment 

to the United States Constitution, the 

Administrative Procedure Act, the 

Regulatory Flexibility Act, and the 

Immigration and Nationality Act of 

1952, as amended. Accordingly, LFA 

seeks temporary injunctive relief before 

September 30, 2011, and permanent 

injunctive relief, barring the Department 

from implementing the Wage Rule. 

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. Both 

motions in the LFA litigation are 

currently pending. 

On September 21, 2011, another 

group of employers filed a legal 

challenge to the Wage Rule in the 

United States District Court for the 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 188 / Wednesday, September 28, 2011 / Rules and Regulations 59897 

Northern District of Florida, Pensacola 

Division. Bayou Lawn & Landscape 

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

Civil Docket No. 11–445. The Bayou 

plaintiffs’ claims are similar to the LFA 

plaintiffs’ claims, and they also seek to 

preliminarily and permanently enjoin 

the Department’s implementation of the 

Wage Rule. 

The Administrative Procedure Act, at 

5 U.S.C. 705, provides that ‘‘[w]hen an 

agency finds that justice so requires, it 

may postpone the effective date of 

action taken by it, pending judicial 

review.’’ In consideration of the two 

pending challenges to the Wage Rule 

and its new effective date, and the 

possibility that, in response to the 

CATA plaintiffs’ motion, the litigation 

will be transferred to another court, the 

Department is postponing the effective 

date of the rule from September 30, 

2011, until November 30, 2011. This 

delay will allow the Department to 

mount an appropriate defense of the 

rule, and will allow for the orderly 

resolution of the various claims pending 

in two Federal courts. The delay will 

permit the various courts involved in 

the litigation to determine the 

appropriate venue for the resolution of 

all claims, and allow the Department to 

avoid the possibility of administering 

the H–2B program under potentially 

conflicting court orders. In the interest 

of administering a nationwide program 

in a uniform fashion during the pending 

litigation, the Department has 

determined that, in the interest of 

justice, a delay in the effective date is 

necessary. 

Signed at Washington, DC, this 22nd day 

of September, 2011. 

Jane Oates, 

Assistant Secretary for Employment and 

Training. 

[FR Doc. 2011–24969 Filed 9–26–11; 4:15 pm] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 51 

[TD 9544] 

RIN 1545–BK34 

Branded Prescription Drug Fee; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to temporary regulations (TD 

9544) that were published in the 

Federal Register on Thursday, August 

18, 2011. The temporary regulations 

provide guidance on the annual fee 

imposed on covered entities engaged in 

the business of manufacturing or 

importing branded prescription drugs. 

This fee was enacted by section 9008 of 

the Patient Protection and Affordable 

Care Act, as amended by section 1404 

of the Health Care and Education 

Reconciliation Act of 2010. 

DATES: This correction is effective on 

September 28, 2011 and applies to any 

fee on branded prescription drug sales 

that is due on or after September 30, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Celia Gabrysh, (202) 622–3130 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

Need for Correction 

As published August 18, 2001 (76 FR 

51245), the tempoary regulations (TD 

9544) contains errors that may prove to 

be misleading and are in need of 

clarification. 

List of Subjects in 26 CFR Part 51 

Drugs, Reporting and recordkeeping 

requirements. 

Correction of Publication 

Accordingly, 26 CFR part 51 is 

corrected by making the following 

correcting amendments: 

PART 51—BRANDED PRESCRIPTION 

DRUG FEE 

■ Paragraph 1. The authority citation 

for part 51 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 51.2T is amended by 

revising paragraph (k)(1) to read as 

follows: 

§ 51.2T Explanation of terms (temporary). 

* * * * * 

(k) Orphan drugs—(1) In general. 

Except as provided in paragraph (k)(2) 

of this section, the term orphan drug 

means any branded prescription drug 

for which any person claimed a section 

45C credit and that credit was allowed 

for any taxable year. 

* * * * * 

■ Par. 3. Section 51.7T is amended by 

revising the last sentence of paragraph 

(c)(2) to read as follows. 

§ 51.7T Dispute resolution process 

(temporary). 

* * * * * 

(c) * * * 

(2) * * * A form 2848 must be filed 

with the error report; 

* * * * * 

■ Par. 4. Section 51.8T is amended by 

revising paragraph (a)(2) to read as 

follows. 

§ 51.8T Notification and payment of fee 

(temporary). 

(a) * * * 

(2) After the 2011 fee year, the 

covered entity’s adjustment amount 

calculated as described in § 51.5T(e); 

* * * * * 

LaNita VanDyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2011–24903 Filed 9–27–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 51 

[TD 9544] 

RIN 1545–BK34 

Branded Prescription Drug Fee; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to temporary 

regulations. 

SUMMARY: This document contains 

corrections to temporary regulations 

that were published in the Federal 

Register on Thursday, August 18, 2011. 

The temporary regulations provide 

guidance on the annual fee imposed on 

covered entities engaged in the business 

of manufacturing or importing branded 

prescription drugs. This fee was enacted 

by section 9008 of the Patient Protection 

and Affordable Care Act, as amended by 

section 1404 of the Health Care and 

Education Reconciliation Act of 2010. 

DATES: This correction is effective on 

September 28, 2011 and applies to any 

fee on branded prescription drug sales 

that is due on or after September 30, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Celia Gabrysh, (202) 435–3130 (not a 

toll free number). 

SUPPLEMENTARY INFORMATION: 

Background 

Need for Correction 

As published August 18, 2011 (76 FR 

51245), the temporary regulations (TD 

9544) contains errors that may prove to 


emcdonald on DSK5VPTVN1PROD with RULES