[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Rules and Regulations]
[Page 35511-35524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn06-10]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Parts 601, 602, 603, 606, 609, 614, 615, 616, 617, 625, 640,
641, 650, 651, 653, 654, 655, 656, 658, 661, 662, 667, and 668
Department of Labor Regulatory Review and Update
AGENCY: Employment and Training Administration, and Employment
Standards Administration, Department of Labor.
ACTION: Final rule; technical amendments.
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SUMMARY: The Department of Labor (DOL) is amending existing regulations
to update obsolete non-substantive or nomenclature references in the
Code of Federal Regulations (CFR). This action is intended to improve
the accuracy of the agency's regulations and does not impose any new
regulatory or technical requirements.
DATES: Effective Date: June 21, 2006.
FOR FURTHER INFORMATION CONTACT: Kathleen Franks, U.S. Department of
Labor, Room S-2312, 200 Constitution Avenue, NW., Washington, DC 20210,
Telephone (202) 693-5959.
SUPPLEMENTARY INFORMATION: DOL's strategic outcome goal 4.2 measures
the agency's success in creating a regulatory structure that promotes
compliance flexibility and reduces regulatory burden. As part of this
strategic goal, DOL is conducting an ongoing review of its regulations
governing labor standards, pensions, health care, and worker safety to
ensure that these references in the CFR are accurate and current. This
final rule is the first of a series of updates to correct or remove
obsolete non-substantive or nomenclature references in the CFR.
Publication of this document constitutes final action on these
changes under the Administrative Procedure Act (5 U.S.C. 553). Notice
of Proposed Rulemaking is unnecessary since the agency is merely
updating non-substantive and nomenclature references.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulations. The
agency has determined that this rule is not a ``significant
[[Page 35512]]
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. Accordingly, there is no requirement
for an assessment of potential costs and benefits under section 6(a)(3)
of that order.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this rule
under section 553(b) of the Administrative Procedure Act (APA), the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601)
pertaining to regulatory flexibility do not apply to this rule. See 5
U.S.C. 601(2).
Paperwork Reduction Act
This final rule is not subject to section 350(h) of the Paperwork
Reduction Act (44 U.S.C. 3501) since it does not contain any new
collection of information requirements.
Publication in Final
The Department has determined that these amendments need not be
published as a proposed rule, pursuant to 5 U.S.C. 553(b)(A), since
several of these changes are interpretive, procedural in nature, or
relate to agency organization. Because this final rule does not make
substantive amendments, the Department of Labor has determined that
delaying the effective date of the rule is unnecessary and good cause
exists under 5 U.S.C. 553(b)(B) to make this rule effective immediately
upon publication in the Federal Register.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not classified as a ``rule'' under Chapter 8 of the
Small Business Regulatory Enforcement Fairness Act of 1996, because it
is a rule pertaining to agency organization, procedure, or practice
that does not substantially affect the rights or obligations of non-
agency parties. See 5 U.S.C. 804(3)(C).
List of Subjects
20 CFR Part 601
Employment, Grant programs--labor, Reporting and recordkeeping
requirements, Unemployment compensation.
20 CFR Part 602
Grant programs--labor, Reporting and recordkeeping requirements,
Unemployment compensation.
20 CFR Part 603
Grant programs--labor, Privacy, Reporting and recordkeeping
requirements, Unemployment compensation.
20 CFR Part 606
Employment taxes, Reporting and recordkeeping requirements,
Unemployment compensation.
20 CFR Part 609
Administrative practice and procedure, Fraud, Government employees,
Penalties, Reporting and recordkeeping requirements, Unemployment
compensation, Virgin Islands.
20 CFR Part 614
Administrative practice and procedure, Fraud, Intergovernmental
requirements, Penalties, Reporting and recordkeeping requirements,
Unemployment compensation, Veterans, Virgin Islands.
20 CFR Part 615
Grant programs--labor, Reporting and recordkeeping requirements,
Unemployment compensation.
20 CFR Part 616
Unemployment compensation.
20 CFR Part 617
Administrative practice and procedure, Employment, Fraud, Grant
programs--labor, Manpower training programs, Relocation assistance,
Reporting and recordkeeping requirements, Trade adjustment assistance,
Unemployment compensation.
20 CFR Part 625
Administrative practice and procedure, Disaster assistance, Grants
programs--labor, Reporting and recordkeeping requirements, Unemployment
compensation.
20 CFR Part 640
Reporting and recordkeeping requirements, Unemployment
compensation.
20 CFR Part 641
Aged, Employment, Government contracts, Grant programs--labor,
Reporting and recordkeeping requirements.
20 CFR Part 650
Reporting and recordkeeping requirements, Unemployment
compensation.
20 CFR Part 651
Employment, Grant programs--labor.
20 CFR Part 653
Agriculture, Employment, Equal employment opportunity, Grant
programs--labor, Migrant labor, Reporting and recordkeeping
requirements.
20 CFR Part 654
Employment, Government procurement, Housing standards, Manpower,
Migrant labor, Reporting and recordkeeping requirements.
20 CFR Part 655
Administrative practice and procedure, Aliens, Employment, Forests
and forest products, Health professions, Longshore and harbor workers,
Migrant labor, Passports and visas, Penalties, Reporting and
recordkeeping requirements, Seamen, Students, Wages.
20 CFR Part 656
Administrative practice and procedure, Aliens, Employment, Fraud,
Reporting and recordkeeping requirements, Wages.
20 CFR Part 658
Administrative practice and procedure, Employment, Grant programs--
labor, Reporting and recordkeeping requirements.
20 CFR Part 661
Employment, Grant programs--labor.
20 CFR Part 662
Employment, Grant programs--labor.
20 CFR Part 667
Employment, Grant programs--labor, Reporting and recordkeeping
requirements.
20 CFR Part 668
Employment, Grant programs--labor, Indians, Reporting and recording
requirements.
0
For the reasons set forth in the preamble, DOL amends, parts 601, 602,
603, 606, 609, 614, 615, 616, 617, 625, 640, 641, 650, 651, 653, 654,
655, 656, 658, 661, 662, 667, and 668 of title 20, Code of Federal
Regulations, as follows:
PART 601--ADMINISTRATIVE PROCEDURE
0
1. The authority citation for 20 CFR Part 601 continues to read as
follows:
Authority: 5 U.S.C. 301; 26 U.S.C. Chapter 23; 29 U.S.C. 49k; 38
U.S.C. Chapters 41 and 42; 39 U.S.C. 3203(a)(1)(E) and 3202 note; 42
U.S.C. 1302; and Secretary of Labor's Order No. 4-75, 40 FR 18515.
Sec. Sec. 601.1, 601.2, 601.3, 601.4, 601.5 [Amended]
0
2. In 20 CFR Part 601, remove the words ``Internal Revenue Code of
1954'' and add, in their place, the words ``Internal Revenue Code of
1986'' in the following places:
[[Page 35513]]
0
a. Section 601.1(a) in four places, (b), and (c);
0
b. Section 601.2 introductory text, (c), and (d);
0
c. Section 601.3 introductory text, and (b);
0
d. Section 601.4(a) in three places; and
0
e. Section 601.5(a)(2), (a)(3), (a)(4), and (c).
Sec. 601.2 [Amended]
0
3. Amend Sec. 601.2 by removing the words ``Regional Administrator,
Employment and Training Administration (RAETA) two copies'' and adding,
in their place, the words ``Employment and Training Administration
(ETA), one copy'' in paragraph (a); and removing paragraph (b).
Sec. 601.2 [Amended]
0
4. In Sec. 601.2(d), remove the words ``December 31'' and add, in
their place, the words ``October 31''; and remove the word ``he'' and
add, in its place, the words ``the Secretary''.
Sec. 601.3 [Amended]
0
5. Amend Sec. 601.3 by removing the words ``RAETA two copies'' and
adding, in their place, the words ``ETA one copy'' in paragraph (a);
and removing and reserving paragraph (b).
Sec. 601.4 [Amended]
0
6. In Sec. 601.4(a), remove the word ``his'' and add, in its place,
the words ``the Secretary's''; remove the words ``December 31'' and
add, in their place, the words ``October 31''; and remove the word
``he'' and add, in its place, the words ``the Secretary''.
Sec. 601.5 [Amended]
0
7. Amend Sec. 601.5 as follows:
0
a. Remove the words ``regional and central office'' and add, in their
place, the word ``ETA'' in paragraph (b);
0
b. Remove the word ``he'' and add, in its place, the words ``he/she''
in the first instance it appears, and remove the word ``he'' in the
second instance it appears and add, in its place, the words ``the
Secretary'' in paragraph (c);
0
c. Remove the words ``State employment security agency'' and add, in
their place, the words ``State unemployment compensation agency'' in
paragraph (d) in two places; and
0
d. Remove paragraph (f).
Sec. 601.6 [Amended]
0
8. Amend Sec. 601.6 as follows:
0
a. Remove the word ``insurance'' and add, in its place, the words
``compensation laws'' in the section heading and introductory text;
0
b. Remove the words ``upon request from the Employment and Training
Administration, Department of Labor, Washington, DC 20210, and at the
regional offices.'' and add, in their place, the words ``on the ETA Web
site (http://www.ows.doleta.gov/rjm).'' in paragraph (a);
0
c. Remove the word ``RAETA'' and add, in its place, the words
``Regional Administrator'' paragraphs (b) and (c); and
0
d. Remove the word ``his'' and add, in its place, the words ``his/her''
in paragraph (b).
0
e. Redesignate existing paragraph (b) as (b)(1) and designate the
following undesignated paragraph as paragraph (b)(2).
Sec. 601.9 [Amended]
0
9. In Sec. 601.9, remove the words ``41 CFR 29-70.207-2(h) and (i), 41
CFR 29-70.207-3, and 41 CFR 29-70.207-4'' and add, in their place, the
words ``29 CFR Part 96 and 29 CFR Part 99''; and remove the word
``insurance'' and add, in its place, the word ``compensation''.
PART 602--QUALITY CONTROL IN THE FEDERAL-STATE UNEMPLOYMENT
INSURANCE SYSTEM
0
10. The authority citation for 20 CFR Part 602 continues to read as
follows:
Authority: 42 U.S.C. 1302.
Sec. 602.1 [Amended]
0
11. In Sec. 602.1, remove the words ``unemployment insurance (UI)''
and add, in their place, the words ``unemployment compensation (UC)'';
and remove the words ``State Employment Security Agencies (SESA)'' and
add, in their place, the words ``State unemployment compensation
agencies''.
Sec. Sec. 602.1, 602.2, 602.21, 602.43 [Amended]
0
12. In 20 CFR Part 602, remove the words ``UI'' and add, in their
place, the words ``UC'' in the following places:
0
a. Section 602.1 in two places;
0
b. Section 602.2;
0
c. Section 602.21(c) introductory text, and (c)(3); and
0
d. Section 602.43.
Sec. 602.2 [Amended]
0
13. In Sec. 602.2, remove the words ``Internal Revenue Code of 1954''
and add, in their place, the words ``Internal Revenue Code of 1986'';
remove the words ``SESAs'' and add, in their place, the words ``State
unemployment compensation agencies''; and remove the word ``Ex-
Servicemen'' and add, in its place, the word ``Ex-Servicemembers''.
Sec. 602.10 [Amended]
0
14. In Sec. 602.10 paragraphs (d)(1) and (d)(2), remove the words
``unemployment compensation'' and add, in their place, the words
``UC''.
Sec. 602.40 [Amended]
0
15. In Sec. 602.40(b), remove the word ``date'' and add, in its place,
the word ``data''.
PART 603--INCOME AND ELIGIBILITY VERIFICATION SYSTEM
0
16. The authority citation for 20 CFR Part 603 continues to read as
follows:
Authority: Sec. 1102, Social Security Act, ch. 531, 49 Stat.
647, as amended (42 U.S.C. 1302); Reorganization Plan No. 2 of 1949,
63 Stat. 1065, 14 FR 5225.
Sec. 603.2 [Amended]
0
17. Amend Sec. 603.2 as follows:
0
a. Remove the words ``Internal Revenue Code of 1954'' and add, in their
place, the words ``Internal Revenue Code of 1986'' in paragraph (a);
and
0
b. Remove the words ``Aid to Families with Dependent Children'' and
add, in their place, the words ``Temporary Assistance for Needy
Families'' in paragraph (d)(1).
Sec. 603.9 [Removed]
0
18. Remove Sec. 603.9.
Sec. 603.20 [Removed]
0
19. Remove Sec. 603.20.
PART 606--TAX CREDITS UNDER THE FEDERAL UNEMPLOYMENT TAX ACT;
ADVANCES UNDER TITLE XII OF THE SOCIAL SECURITY ACT
0
20. The authority for 20 CFR Part 606 continues to read as follows:
Authority: 42 U.S.C. 1102; 26 U.S.C. 7805(a); Secretary's Order
No. 4-75 (40 FR 18515).
Sec. 606.3 [Amended]
0
21. In Sec. 606.3(c)(2), remove the words ``606-3(1)'' and add, in
their place, the words ``606.3(1)''.
Sec. Sec. 606.4, 606.5, 606.6, 606.20, 606.22, 606.23, 606.24, 606.25,
606.26, 606.41, 606.42, 606.44 [Amended]
0
22. In 20 CFR Part 606, remove the words ``UIS Director'' and add, in
their place, the words ``OWS Administrator'' in the following places:
0
a. Section 606.4(a) in two places;
0
b. Section 606.5;
0
c. Section 606.6;
0
d. Section 606.20(a) introductory text;
0
e. Section 606.22(a)(2);
[[Page 35514]]
0
f. Section 606.23(a) introductory text, (a)(1)(i), (a)(2), (a)(3), and
(b)(2) in two places;
0
g. Section 606.24(a)(2);
0
h. Section 606.25;
0
i. Section 606.26(b);
0
j. Section 606.41(a), and (e)(2);
0
k. Section 606.42(c)(2); and
0
l. Section 606.44 in two places.
Sec. 606.4 [Amended]
0
23. In Sec. 606.4(a), remove the words ``Director, Unemployment
Insurance Service'' and add, in their place, the words ``Administrator,
Office of Workforce Security''.
Sec. 606.6 [Amended]
0
24. In Sec. 606.6, remove the last sentence.
Sec. 606.30 [Amended]
0
25. In Sec. 606.30, remove the words ``on or after April 1, 1982,''.
Sec. 606.43 [Removed]
0
26. Remove Sec. 606.43.
PART 609--UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEEES
0
27. The authority for 20 CFR 609 continues to read as follows:
Authority: 5 U.S.C. 8508; Secretary's Order No. 4-75, 40 FR
18515; (5 U.S.C. 301).
Sec. 609.2 [Amended]
0
28. In Sec. 609.2, in paragraphs (f)(12)(iii) and (o)(1), remove the
words ``Internal Revenue Code of 1954'' and add, in their place, the
words ``Internal Revenue Code of 1986''.
Sec. 609.6 [Amended]
0
29. In Sec. 609.6(e)(2), remove the word ``Fedeal'' and add, in its
place, the word ``Federal''.
Sec. 609.7 [Amended]
0
30. In Sec. 609.7(c)(2), remove the word ``calenders'' and add, in its
place, the word ``calendars'; and remove the word ``unemployent'' and
add, in its place, the word ``Unemployment''.
Sec. 609.13 [Amended]
0
31. In Sec. 609.13(b), add the words '', as amended'' after the words
``Privacy Act of 1974''.
PART 614--UNEMPLOYMENT COMPENSATION FOR EX-SERVICEMEMBERS
0
32. The authority for 20 CFR Part 614 continues to read as follows:
Authority: 5 U.S.C. 8508; Secretary's Order No. 4-75 (40 FR
18515).
Sec. 614.6 [Amended]
0
33. In Sec. 614.6(g), remove the word ``appying'' and add, in its
place, the word ``applying''; and remove the word ``consisent'' and
add, in its place, the word ``consistent''.
PART 615--EXTENDED BENEFITS IN THE FEDERAL-STATE UNEMPLOYMENT
COMPENSATION PROGRAM
0
34. The authority for 20 CFR Part 615 continues to read as follows:
Authority: 26 U.S.C. 7805; 42 U.S.C. 1102; Secretary's Order No.
4-75 (40 FR 18515)
Sec. 615.2 [Amended]
0
35. In Sec. 615.2(k)(3), remove the words ``State Employment Security
Agency'' and add, in their place, the words ``State unemployment
compensation agency''
Sec. 615.5 [Amended]
0
36. In Sec. 615.5(a)(1)(iii), remove the words ``Internal Revenue Code
of 1954'' and add, in their place, the words ``Internal Revenue Code of
1986''.
Sec. 615.8 [Amended]
0
37. Amend Sec. 615.8 as follows:
0
a. Remove the words ``State agency'' and add, in their place, the words
``State Workforce Agency'' in paragraphs (e)(1), (e)(2), (e)(3),
(e)(6), and (f)(1) introductory text;
0
b. Remove the second occurrence of the word ``or'' in paragraph
(f)(2)(ii);
0
c. Add the word ``or'' after the comma at the end of paragraph
(f)(2)(iii); and
0
d. Add the words ``or State Workforce Agency, as applicable'' after the
words ``State agency'' in paragraph (h) introductory text.
Sec. 615.14 [Amended]
0
38. Amend Sec. 615.14 as follows:
0
a. Remove the words ``, as to weeks beginning after October 31, 1981,
except for any State which the State legislature did not meet in 1981
as to weeks beginning after October 1, 1982''; and remove the words
``as to weeks beginning after March 31, 1981'' in paragraph (b)(1)(i);
0
b. Remove the words ``, as to weeks beginning after September 25,
1982'' in paragraph (b)(1)(ii);
0
c. Remove the words ``, as to weeks which begin after May 31, 1981, or
May 31, 1982,'' in paragraph (b)(2);
0
d. Remove the words ``, that first week begins after December 5,
1980,'' in paragraph (c)(3) introductory text;
0
e. Remove paragraph (c)(3)(i), and redesignate paragraphs (c)(3)(ii)
and (c)(3)(iii) as paragraphs (c)(3)(i) and (c)(3)(ii), respectively;
0
f. Remove the last sentence of paragraph (c)(4); and
0
g. Remove the last sentence of paragraph (c)(5).
PART 616--INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES
AUTHORITY
0
39. The authority for 20 CFR Part 616 is revised to read as follows:
Authority: Sec. 3304(a)(9)(B), 84 Stat. 702; 26 U.S.C.
3304(a)(9)(B); Secretary's Order No. 4-75, April 16, 1975.
Sec. 616.2 [Amended]
0
40. In Sec. 616.2 remove the words ``Interstate Conference of
Employment Security Agencies'' and add, in their place, the words
``National Association of State Workforce Agencies (NASWA)''.
0
41. Amend Sec. 616.6 by revising paragraphs (a) and (e)(2) to read as
follows:
Sec. 616.6 Definitions
* * * * *
(a) State. ``State'' includes the States of the United States of
America, the District of Columbia, the Commonwealth of Puerto Rico, and
the Virgin Islands.
* * * * *
(e) * * *
(2) If the State in which a Combined-Wage Claimant files a
Combined-Wage Claim is not the Paying State under the criterion set
forth in paragraph (e)(1) of this section, or if the Combined-Wage
Claim is filed in Canada then the Paying State shall be that State
where the Combined-Wage Claimant was last employed in covered
employment among the States in which the claimant qualifies for
unemployment benefits on the basis of combined employment and wages.
* * * * *
Sec. 616.7 [Amended]
0
42. Amend Sec. 616.7 as follows:
0
a. Remove the word ``he'' and add, in its place, the words ``the
individual'' in paragraphs (a) introductory text in two places, (a)(2)
footnote 1, and (c);
0
b. Remove the word ``He'' and add, in its place, the words ``The
individual'' in paragraphs (a) introductory text and (a)(2);
0
c. Remove the word ``He'' and add, in its place, the words ``The
claimant'' in paragraph (b)(1);
0
d. Remove the word ``His'' and add, in its place, the words ``The
claimant's'' in paragraph (b)(2); and
0
e. Remove the word ``he'' and add, in its place, the words ``the
claimant'' in paragraph (b) introductory text, (d) introductory text,
(d)(2), and (e).
[[Page 35515]]
Sec. Sec. 616.7, 616.8 [Amended]
0
43. In 20 CFR Part 616, remove the word ``his'' and add, in its place,
the words ``his/her'' in the following places:
0
a. Section 616.7(b)(1), (d) introductory text, and (e); and
0
b. Section 616.8(a) in the second instance, (b) in two places, (d)(1),
(d)(2), and (e).
Sec. 616.8 [Amended]
0
44. Amend Sec. 616.8 as follows:
0
a. Remove the word ``his'' and add, in its place, the words ``the
claimant's'' in paragraph (a) in the first instance it appears;
0
b. Remove the word ``he'' and add, in its place, the words ``the
claimant'' in paragraph (a);
0
c. Remove the word ``he'' and add, in its place, the words ``he/she''
in paragraph (b);
0
d. Remove the words ``Internal Revenue Code of 1954'' and add, in their
place, the words ``Internal Revenue Code of 1986'' in paragraph (c)(2).
0
e. Remove the word ``him'' and add, in its place, the words ``him/her''
in paragraph (e);
0
f. Remove the words ``With respect to benefits paid after December 31,
1978, except'' and add, in their place, the word ``Except'' in
paragraph (f)(4); and
0
g. Remove the words ``With respect to new claims establishing a benefit
year effective on or after July 1, 1977, the'' and add, in their place,
the word ``The''; and remove the words ``With respect to new claims
effective before July 1, 1977, prior law shall apply.'' in paragraph
(f)(5).
Sec. 616.11 [Amended]
0
45. In Sec. 616.11, remove the word ``he'' and add, in its place, the
words ``the Secretary'' and remove the words ``the ICESA'' and add, in
their place, the word ``NASWA''.
PART 617-- TRADE ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE
ACT
0
46. The authority citation for 20 CFR Part 617 continues to read as
follows:
Authority: 19 U.S.C. 2320; Secretary's Order No. 3-81, 46 FR
31117.
0
47. Amend Sec. 617.3 as follows:
0
a. Revise paragraph (m)(1) to read as set forth below:
0
b. Revise paragraphs (t)(2) and (t)(3)(i) to read as set forth below:
0
c. Remove the words ``Internal Revenue Code of 1954'' and add, in its
place, the words ``Internal Revenue Code of 1986'' in paragraph (q)(3);
0
d. Remove the words ``State Employment Security Agency'' and add, in
their place, the words ``State Workforce Agency'' and remove the words
``title III of the Job Training Partnership Act'' and add, in their
place, the words ``title I, Subchapter B of the Workforce Investment
Act'' in paragraph (ii); and
0
e. Remove the words ``Internal Revenue Code of 1954'' and add, in their
place, the words ``Internal Revenue Code of 1986'' in paragraph (jj).
The revisions read as follows:
Sec. 617.3 Definitions.
* * * * *
(m) * * *
(1) Basic TRA. With respect to a total qualifying separation (as
defined in paragraph (t)(3)(i) of this section) the 104-week period
beginning with the first week following the week in which such total
qualifying separation occurred; provided, that an individual who has a
second or subsequent total qualifying separation within the
certification period of the same certification shall be determined to
have a new 104-week eligibility period based upon the most recent such
total qualifying separation.
* * * * *
(t)(1) * * *
(2) Qualifying separation means for an individual to qualify as an
adversely affected worker and for basic TRA, any total separation of
the individual within the certification period of a certification with
respect to which the individual meets all of the requirements in Sec.
617.11(a)(2)(i) through (iv), and which qualifies as a total qualifying
separation as defined in paragraph (B) of (t)(3)(i) of this section.
(3) * * *
(i) For the purposes of determining an individual's eligibility
period for basic TRA, the first total separation of the individual
within the certification period of a certification, with respect to
which the individual meets all of the requirements in Sec.
617.11(a)(2)(i) through (iv).
* * * * *
Sec. 617.11 [Amended]
0
48. Amend Sec. 617.11 as follows:
0
a. Remove and reserve paragraphs (a)(1), (a)(3), and (a)(4);
0
b. Remove the words ``On and after November 21, 1988.'' and ``that
begins on or after November 21, 1988,'' in paragraph (a)(2)
introductory text;
0
c. Remove the words ``(except in the case of oil and gas workers to
whom paragraph (a)(4) of this section applies)'' in paragraph (b)(1);
and
0
d. Remove the words ``Sec. 617.11(a)(1)(v) or'' and ``, as
appropriate'' in paragraph (b)(2).
Sec. 617.19 [Amended]
0
49. Amend Sec. 617.19 as follows:
0
a. Remove the words ``for all weeks beginning on and after November 21,
1988'' and add in their place, the words ``for each week'' in paragraph
(a)(1)(i);
0
b. Remove the words ``,for all weeks beginning before November 21,
1988'' and add, in their place, the words ``for each week'' in
paragraph (a)(1)(ii); and
0
c. Remove the words ``Job Training Partnership Act (including Title
III)'' and add, in their place, the words ``Title I, Subchapter B of
the Workforce Investment Act'' in the undesignated paragraph following
paragraph (b)(1)(i)(A)(3) and wrap the undesignated text into paragraph
(b)(1)(i)(A)(3).
Sec. 617.20 [Amended]
0
50. In Sec. 617.20(b)(15), remove the words ``Title III of the Job
Training Partnership Act'' and add, in their place, the words ``Title
I, Subchapter B of the Workforce Investment Act''.
Sec. 617.22 [Amended]
0
51. In Sec. 617.22(a)(4) in the paragraph heading add the word
``technical'' after the word ``vocational''; and remove the words
``section 195(2) of the Vocational Education Act of 1963'' and add, in
their place, the words ``Carl D. Perkins Vocational and Applied
Technology Education Act''.
Sec. 617.23 [Amended]
0
52. Amend Sec. 617.23 as follows:
0
a. Remove the words ``Private Industry Councils (PICs)'' and add, in
their place the words, ``Workforce Investment Boards (WIBs)'' and
remove the words ``Job Training Partnership Act (JTPA)'' and add, in
their place, the words ``Workforce Investment Act (WIA)'' in paragraph
(a); and
0
b. Remove the words ``Job Service Improvement Program Committees, JTPA
SDA grant recipients'' and add, in their place, the words ``WIBs and
other WIA One-Stop partners'' and remove the word ``PICs'' and add, in
its place, the word ``WIBs'' in paragraph (d)(2).
Sec. 617.24 [Amended]
0
53. Amend Sec. 617.24 as follows:
0
a. Remove the words ``Title III of the Job Training Partnership Act''
and add, in their place, the words ``Title I, subchapter B of the
Workforce Investment Act'' in paragraph (b); and
0
b. Remove the words ``private industry council'' and add, in their
place, the words ``Workforce Investment Board''; and remove the words
``Job Training Partnership Act'' and add, in their place, the words
``Workforce Investment Act'' in paragraph (c).
[[Page 35516]]
Sec. 617.27 [Amended]
0
54. In Sec. 617.27(a), remove the word ``JTPA'' and add, in its place,
the words ``Workforce Investment Act''.
Sec. 617.49 [Amended]
0
55. Amend Sec. 617.49 as follows:
0
a. Remove the word ``JTPA'' and add, in its place, the words
``Workforce Investment Act'' in paragraph (b)(1); and
0
b. Remove the words ``which begins after November 20, 1988'' in
paragraph (e).
Sec. 617.59 [Amended]
0
56. In Sec. 617.59(h), remove the words ``State Service Delivery
Areas, Private Industry Councils, and substate grantees under the Job
Training Partnership Act'' and add, in their place, the words ``the
Workforce Investment Act''.
Sec. 617.62 [Removed]
0
57. Remove Sec. 617.62.
Sec. 617.63 [Removed]
0
58. Remove Sec. 617.63.
Sec. 617.65 [Removed]
0
59. Remove Sec. 617.65.
Sec. 617.66 [Removed]
0
60. Remove Sec. 617.66.
Sec. 617.67 [Removed]
0
61. Remove Sec. 617.67.
PART 625--DISASTER UNEMPLOYMENT ASSISTANCE
0
62. The authority citation for 20 CFR Part 625 continues to read as
follows:
Authority: 42 U.S.C. 1302; 42 U.S.C. 5164; 42 U.S.C. 5189a(c);
42 U.S.C. 5201(a); Executive Order 12673 of March 23, 1989 (54 FR
12571); delegation of authority from the Director of the Federal
Emergency Management Agency to the Secretary of Labor, effective
December 1, 1985 (51 FR 4988); Secretary's Order No. 4-75 (40 FR
18515).
Sec. 625.2 [Amended]
0
63. In Sec. 625.2(f) remove ``[''.
Sec. Sec. 625.6, 625.10, 625.30 [Amended]
0
64. In 20 CFR Part 625, remove the words ``Region IX'' and add, in
their place, the words ``Region VI'' in the following places:
0
a. Section 625.6(d);
0
b. Section 625.10(b)(2); and
0
c. Section 625.30(h)(1).
Sec. 625.10 [Amended]
0
65. Amend Sec. 625.10 as follows:
0
a. Remove the words ``Director, Unemployment Insurance Service'' and
add, in their place, the words ``Administrator, Office of Workforce
Security'' in paragraphs (c)(5), (d)(2), (d)(4), and (d)(6); and
0
b. Remove the word ``his'' and add, in its place, the words ``his or
her'' in paragraph (d)(1).
Sec. 625.11 [Amended]
0
66. In Sec. 625.11 section heading, remove the word ``Provisons'' and
add, in its place, the word ``Provisions''.
Sec. 625.14 [Amended]
0
67. In Sec. 625.14(c), remove the word ``aplied'' and add, in its
place, the word ``applied''.
Sec. 625.20 [Removed]
0
68. Remove and reserve Sec. 625.20.
PART 640--STANDARD FOR BENEFIT PAYMENT PROMPTNESS--UNEMPLOYMENT
COMPENSATION
0
69. The authority citation for 20 CFR Part 640 continues to read as
follows:
Authority: Sec. 1102, Social Security Act (42 U.S.C. 1302);
Secretary's order No. 4-75, dated April 16, 1975 (40 FR 18515) (5
U.S.C. 553). Interpret and apply secs. 303(a)(1) and 303(b)(2) of
the Social Security Act (42 U.S.C. 503(a)(1), 503(b)(2)).
Sec. 640.1 [Amended]
0
70. Amend Sec. 640.1 as follows:
0
a. Remove the word ``act'' and add, in its place, the word ``Act'' in
paragraph (a)(1); and
0
b. Remove the words ``Internal Revenue Code of 1954'' and add, in their
place, ``Internal Revenue Code of 1986'' in paragraph (b)(1).
0
71. In Sec. 640.5 the Intrastate and Interstate Claims table is
revised to read as follows:
Sec. 640.5 Criteria for compliance.
* * * * *
------------------------------------------------------------------------
Percentage of first payments issued--
days following end of first compensable
week
-----------------------------------------
21 days,
14 days, nonwaiting 35 days, all
waiting week week States States
States \1\
------------------------------------------------------------------------
Intrastate Claims
------------------------------------------------------------------------
Performance to be achieved for 87 87 93
the 12-mo. period ending on
March 31 of each year........
------------------------------------------------------------------------
Interstate Claims
------------------------------------------------------------------------
Performance to be achieved for 70 70 78
the 12-mo. period ending on
March 31 of each year........
------------------------------------------------------------------------
\1\ A nonwaiting week State is any State whose law does not require that
a non-compensable period of unemployment be served before the payment
of benefits commences.
* * * * *
PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE
EMPLOYMENT PROGRAM
0
72. The authority citation for 20 CFR Part 641 continues to read as
follows:
Authority: 42 U.S.C. 3056 et seq.
0
73. Revise Sec. 641.490 (b) to read as follows:
Sec. 641.490 When may SCSEP grants be awarded competitively?
* * * * *
(b) The Department may hold a full and open competition before the
beginning of a new grant period, or if additional grantees are funded.
The details of the competition will be provided in a Solicitation for
Grant Applications published in the Federal Register or in another
medium. The Department believes that full and open competition is the
best way to assure the highest quality of services to eligible
participants.
[[Page 35517]]
Sec. 641.690 [Amended]
0
74. In Sec. 641.690(a)(3), remove the word ``increase''.
Sec. 641.700 [Amended]
0
75. In Sec. 641.700(b), remove the word ``increase''.
0
76. Revise Sec. 641.710 (b)(9) to read as follows:
Sec. 641.710 How are these performance indicators defined?
* * * * *
(b) * * *
(9) Earnings means the total earnings in the second quarter plus
total earnings in the third quarter after the exit quarter divided by
the number of participants who exit during the quarter, for those who
are employed in the first, second, and third quarters after the exit
quarter.
* * * * *
0
77. Revise Sec. 641.715 (c) to read as follows:
Sec. 641.715 What are the common performance measures?
* * * * *
(c) Earnings, defined as the total earnings in the second quarter
plus total earnings in the third quarter after the exit quarter divided
by the number of participants who exit during the quarter, for those
who are employed in the first, second, and third quarters after the
exit quarter.
* * * * *
Sec. 641.800 [Amended]
0
78. In Sec. 640.800(c), remove the words ``OMB Circular A-110,
codified at 29 CFR part 95'' and add, in their place, the words ``OMB
Circular A-110, codified at 2 CFR part 215 and 29 CFR part 95''.
PART 650--STANDARD FOR APPEALS PROMPTNESS--UNEMPLOYMENT
COMPENSATION
0
79. The authority citation for 20 CFR Part 650 continues to read as
follows:
Authority: Sec. 1102 of the Social Security Act, 42 U.S.C. 1302;
Secretary's Order No. 4-75, dated April 16, 1975. Interpret and
apply secs. 303(a)(1), 303(a)(3), and 303(b)(2) of the Social
Security Act (42 U.S.C. 503(a)(1), 503(a)(3), 503(b)(2)).
Sec. 650.4 [Amended]
0
80. Amend Sec. 650.4 as follows:
0
a. Remove the words ``after calendar year 1973'' in paragraph (a);
0
b. Remove the words ``if for the calendar year 1975 and ensuing
years''; and remove the words ``employment security'' and add, in their
place, the words ``unemployment compensation'' in paragraph (b) and in
footnote 1 respectively; and
0
c. Remove paragraph (c).
Sec. 650.5 [Amended]
0
81. In Sec. 650.5, remove the words ``December 15, 1974, and the 15th
of December of each ensuing year'' and add, in their place, the words
``December 15 of each year''.
PART 651--GENERAL PROVISIONS GOVERNING THE FEDERAL-STATE EMPLOYMENT
SERVICE
0
82. The authority citation for 20 CFR Part 651 continues to read as
follows:
Authority: Wagner-Peyser Act of 1933, as amended, 29 U.S.C. 49
et seq.; 5 U.S.C. 301; and 38 U.S.C. chapters 41 and 42.
0
83. Amend Sec. 651.10 as follows:
0
a. Remove from the definition of Agricultural worker the words
``Standard Industrial Classification (SIC) of 01-07, except 027, 074,
0752, and 078'' and add, in their place, the words ``North American
Industry Classification System (NAICS) 111, 112, and 115 (excluding the
following codes: 1125 (under 112) and 1152 and 1153 (under 115))'';
0
b. Remove from the definition of Farmwork the words ``in establishments
included in industries 01--Agricultural Production-Crops; 02--
Agricultural Production-Livestock excluding 027--Animal Specialties;
07--Agricultural Services excluding 074--Veterinary Services, 0752--
Animal Specialty Services, and 078--Landscape and Horticultural
Services, as defined in the most recent edition of the Standard
Industrial Classification (SIC) code definitions.'' and add, in their
place, the words ``North American Industry Classification System
(NAICS) 111, 112, and 115 (excluding the following codes: 1125 (under
112) and 1152 and 1153 (under 115))'';
0
c. Remove from the definition of Migrant food processing worker the
words ``1972 Standard Industrial Classification (SIC) definitions 201,
2033, 2035, and 2037'' and add, in their place, the words ``North
American Industry Classification System (NAICS) 311411, 311611,
311421'';
0
d. Remove from the definition of Job bank the words ``and WIN''.
0
e. Remove from the definition of Program Budget Plan (PBP) the words
``SESA'' and ``SESA's'', and add, in their place, the words ``SWA'' and
``SWA's'' respectively;
0
f. Remove the definitions of ``Administrator, United States Employment
Service (Administrator)'', ``Dictionary of Occupational Titles (DOT)'',
``D.O.T'', ``SESA'', ``State Employment Security Agency (SESA)''; and
``Work Incentive Program (WIN).'';
0
g. Add, in alphabetical order, definitions for ``Administrator, Office
of Workforce Investment (OWI Administrator)'', ``Occupational
Information Network (O*NET)'', ``O*NET-SOC'', and ``State Workforce
Agency(SWA)''.
Sec. 651.10 Definitions of terms used in parts 651-658.
Administrator, Office of Workforce Investment (OWI Administrator)
means the chief official of the Office of Workforce Investment (OWI) or
the Administrator's designee.
* * * * *
Occupational Information Network (O*NET) means the online reference
database which contains detailed descriptions of U.S. occupations,
distinguishing characteristics, classification codes, and information
on tasks, knowledge, skills, abilities, and work activities as well as
information on interests, work styles, and work values.
O*NET-SOC means Standard Occupational Classification (SOC) titles
and codes are used by Federal statistical agencies to classify workers
into occupational categories for the purpose of collecting, calculating
and disseminating data. DOL uses O*NET-SOC titles and codes for the
purposes of reporting data on training, certifications, and placement
in employment by occupation.
* * * * *
State Workforce Agency (SWA), formerly State Employment Security
Agency or SESA, means the State agency which, under the State
Administrator, is designated by the Governor to administer Wagner-
Peyser Act funded employment and workforce information services (State
Agency) and the State unemployment compensation program.
* * * * *
PART 653--SERVICES OF THE EMPLOYMENT SERVICE SYSTEM
0
84. The authority citation for 20 CFR Part 653 continues to read as
follows:
Authority: 38 U.S.C. chapters 41 and 42; Wagner-Peyser Act, as
amended, 29 U.S.C. 49 et seq.; sec. 104 of the Emergency Jobs and
Unemployment Assistance Act of 1974 Pub. L. 93-567, 88 Stat. 1845,
unless otherwise noted.
Sec. 653.103 [Amended]
0
85. In Sec. 653.103(d), remove the words ``Dictionary of Occupational
Titles'' and ``D.O.T'' and add, in their place, the words
``Occupational Informational Network (O*NET)'' and ``O*NET-SOC'',
respectively.
[[Page 35518]]
Sec. Sec. 653.107, 653.108, 653.111 [Amended]
0
86. In 20 Part 653, remove the words ``CETA 303'' and add, in their
place, the words ``WIA 167 National Farmworker Jobs Program'' in the
following places:
0
a. Section 563.107(c)(1)(iv), and (d) introductory text in two places;
0
b. Section 653.108 (k); and
0
c. Section 653.111 (d) in two places.
Sec. Sec. 653.108, 653.501 [Amended]
0
87. In 20 Part 653, remove the words ``USES Administrator'' and add, in
their place, the words ``OWI Administrator'' in the following places:
0
a. Section 653.108(d)(1); and
0
b. Section 653.501(j).
Sec. 653.109 [Amended]
0
88. In Sec. 653.109(a), remove the words ``the ESARS Handbook and
applicable ETA Reports and Analysis Letters.'' and add, in their place,
the words ``applicable ETA Reports and Guidance Letters.''
Sec. 653.111 [Amended]
0
89. In Sec. 653.111(f), remove the words ``State Employment Security
Agencies (SESAs)'' and ``SESAs'', and add, in their place, the words
``State Workforce Agencies (SWAs)'' and ``SWAs'' respectively.
PART 654--SPECIAL RESPONSIBILITIES OF THE EMPLOYMENT SERVICE SYSTEM
0
90. The authority citation for 20 CFR Part 654 continues to read as
follows:
Authority: 41 U.S.C. 10a et seq; 29 U.S.C. 49 et seq; 15 U.S.C.
644(n); E.O. 12073; 10582, as amended by E.O. 11051 and 12148.
Sec. 654.5 [Amended]
0
91. In Sec. 654.5(b), remove the words ``State employment security
agency'' and add, in their place the words ``State Workforce Agency''.
Sec. 654.8 [Amended]
0
92. In Sec. 654.8 introductory text, remove the words ``State
employment service agencies'' and add, in their place, the words
``State Workforce Agencies''.
PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES
0
93. The authority citation for 20 CFR Part 655 continues to read as
follows:
Authority: Section 655.0 issued under 8 U.S.C. 1101(a)(15)(H)(i)
and (ii), 1182(m), (n), and (t), 1184, 1188, and 1288(c) and (d); 29
U.S.C. 49 et seq.; sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099,
2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat.
4978, 5027 (8 U.S.C. 1184 note); sec. 323, Pub. L. 103-206, 107
Stat. 2149; Title IV, Pub. L. 105-277, 112 Stat. 2681; Pub. L. 106-
95, 113 Stat. 1312 (8 U.S.C. 1182 note); and 8 CFR 213.2(h)(4)(i).
0
94. Revise Sec. 655.00 to read as follows:
Sec. 655.00 Authority of the Office of Foreign Labor Certification
(OFLC) Administrator under subparts A, B, and C.
Pursuant to the regulations under this part, temporary labor
certification determinations under subparts A, B, and C of this part
are ordinarily made by the Office of Foreign Labor Certification (OFLC)
Administrator (OFLC Administrator) of the Employment and Training
Administration. The OFLC Administrator will informally advise the
employer or agent of the name of the official who will make
determinations with respect to the application.
Sec. 655.2 [Amended]
0
95. In Sec. 655.2, remove the words ``the local office of the State
employment service'' and add, in their place, the words ``the
appropriate State Workforce Agency''.
Sec. 655.3 [Amended]
0
96. Amend Sec. 655.3 as follows:
0
a. Remove the words ``local office of the State employment service''
and ``Regional Administrator, Employment and Training Administration'',
and add, in their place, the words ``State Workforce Agency'' and
``National Processing Center'' respectively in paragraph (a); and
0
b. Remove the words ``District Director of the'' in paragraph (d).
0
97. Revise 655.92 to read as follows:
Sec. 655.92 Authority of the Office of Foreign Labor Certification
(OFLC) Administrator.
Under this subpart, the accepting for consideration and the making
of temporary alien agricultural labor certification determinations are
ordinarily performed by the Office of Foreign Labor Certification
(OFLC) Administrator (OFLC Administrator), who, in turn, may delegate
this responsibility to a designated staff member. The OFLC
Administrator will informally advise the employer or agent of the name
of the official who will make determinations with respect to the
application.
Sec. 655.93 [Amended]
0
98. In Sec. 655.93(b), remove the words ``, appropriate RAs,''.
0
99. Amend Sec. 655.100 as follows:
0
a. Remove the words ``having jurisdiction over the geographical area in
which the work will be performed'' in paragraph (a)(1);
0
b. Remove from the definition State Agency the words ``the USES'' and
add, in their place, the word ``OFLC'' in paragraph (b);
0
c. Remove the definitions of ``Director'', ``Immigration and
Naturalization Service'', ``Employment Service'', ``Regional
Administrator, Employment and Training Administration (RA)'', ``Local
office'', and ``United States Employment Service (USES)'' in paragraph
(b); and
0
d. In paragraph (b), add, in alphabetical order, definitions for
``Administrator, Office of Foreign Labor Certification (OFLC)'',
``Employment Service (ES) and Employment Service (ES) System'',
``Department of Homeland Security (DHS) through the United States
Citizenship and Immigration Services (USCIS)'', and ``Office of Foreign
Labor Certification (OFLC)'' to read as follows:
Sec. 655.100 Overview of this subpart and definition of terms.
* * * * *
(b) * * *
Administrator, Office of Foreign Labor Certification (OFLC) means
the primary official of the Office of Foreign Labor Certification (OFLC
Administrator), or the OFLC Administrator's designee.
* * * * *
Department of Homeland Security (DHS) through the United States
Citizenship and Immigration Services (USCIS) makes the determination
under the INA on whether or not to grant visa petitions to employers
seeking H-2A workers to perform temporary agricultural work in the
United States.
* * * * *
Employment Service (ES), in this subpart, refers to the system of
federal and state entities responsible for administration of the labor
certification process for temporary and seasonal agricultural
employment of nonimmigrant foreign workers. This includes the State
Workforce Agencies (SWAs), the National Processing Centers (NPCs) and
the Office of Foreign Labor Certification (OFLC).
* * * * *
Office of Foreign Labor Certification (OFLC) means the
organizational component within the ETA that provides national
leadership and policy guidance and develops regulations and procedures
to carry out the responsibilities of the Secretary of Labor under the
INA concerning alien workers seeking admission to the United States in
order to work under the Immigration and Nationality Act, as amended.
* * * * *
[[Page 35519]]
Sec. 655.101 [Amended]
0
100. Amend Sec. 655.101 as follows:
0
a. Remove the words ``in whose region the area of intended employment
is located.'' in paragraph (a)(1); and
0
b. Remove and reserve paragraph (c)(5).
0
101. Amend Sec. 655.104 as follows:
0
a. Revise paragraph (a) to read as set forth below; and
0
b. Revise the heading of paragraph (b) to read as follows:
Sec. 655.104 Determinations based on acceptability of H-2A
applications.
(a) State Workforce Agency activities. The State Workforce Agency
(SWA), using the job offer portion of the H-2A application, shall
promptly prepare a local job order and shall begin to recruit U.S.
workers in the area of intended employment. The OFLC Administrator
should notify the SWA by telephone no later than seven calendar days
after the application was received by the OFLC Administrator if the
application has been accepted for consideration. Upon receiving such
notice or seven calendar days after the application is received by the
SWA, whichever is earlier, the SWA shall promptly prepare an
agricultural clearance order which will permit the recruitment of U.S.
workers by the Employment Service System on an intrastate and
interstate basis.
(b) National Processing Center activities. * * *
* * * * *
Sec. 655.105 [Amended]
0
102. Amend Sec. 655.105 as follows:
0
a. Remove the words ``the RA, under the direction of the ETA national
office and with the assistance of other RAs with respect to areas
outside the region,'' and add, in their place, the words ``the OFLC
Administrator'' in paragraph (b);
0
b. Remove the words ``the RA, with the Director's concurrence,'' and
add, in their place, the words ``the OFLC Administrator'' in paragraph
(c); and
0
c. Remove the words ``and local office'' in paragraph (d).
0
103. Amend Sec. 655.106 as follows:
0
a. Remove the words ``or lockout and the vacancies directly
attributable through the receipt by the RA of a written report from the
State agency written following an investigation by the State agency
(made under the oversight of the RA) of the situation and after the RA
has consulted with the Director'' and add, in their place, the words
``or lockout and any resulting vacancies'' in the undesignated
paragraph following paragraph (b)(1)(v).
0
b. Remove the words ``local employment office'' and add, in their
place, the word ``SWA'' in paragraphs (e)(1)(i), (e)(1)(ii)(A), and
(e)(1)(ii)(B);
0
c. Remove the words ``local office'' and add, in their place, the word
``SWA'' in paragraphs (e)(1)(i) in two places, (e)(1)(ii)(A) in two
places, and (e)(1)(ii)(B); and
0
d. Revise the heading of paragraph (h)(3) to read as follows:
Sec. 655.106 Referral of U.S. Workers; determinations based on U.S.
workers availability and adverse effect; activities after receipt of
the temporary alien agricultural labor certification.
* * * * *
(h) * * *
(3) National Processing Center review. * * *
* * * * *
Sec. 655.110 [Amended]
0
104. Amend Sec. 655.110 as follows:
0
a. Remove the words ``, after consultation with the Director'' in
paragraph (a);
0
b. Remove the words ``(with the concurrence of the Director)'' in
paragraph (c)(2).
Sec. 655.112 [Amended]
0
105. In Sec. 655.112, remove the words ``the Director,'' in paragraph
(a)(2); and in paragraph (b)(2), remove the word ``Director,''
0
106. Amend Sec. 655.200 as follows:
0
a. Remove in two places the words ``a Department of Labor Hearing
Officer'' and add, in their place, the words ``an Administrative Law
Judge''; remove the words ``a local office of the State employment
service agency'' and add, in their place, the words ``an appropriate
State Workforce Agency''; and remove the words ``Where the application
is timely and meets the regulatory standards, the State employment
service agency'' and add, in their place, the words ``Where the
application is timely and meets the regulatory standards, the State
Workforce Agency'' in paragraph (b);
0
b. Remove from the definition of Temporary labor certification the
words ``Immigration and Naturalization Service'' and add, in their
place, the words ``United States Citizenship and Immigration Services
(USCIS) of the Department of Homeland Security (DHS)'' in paragraph
(c);
0
c. Remove the definitions of ``Administrator'', ``Immigration and
Naturalization Service (INS)'' ``Hearing Officer'', ``Local office'',
and ``Regional Administrator, Employment and Training Administration
(RA)'', and ``United States Employment Service (USES)'' in paragraph
(c);
0
d. In paragraph (c), add definitions for ``Administrative Law Judge'',
``Administrator, Office of Foreign Labor Certification (OFLC
Administrator)'', ``Department of Homeland Security (DHS) through the
United States Citizenship and Immigration Services (USCIS)'', and
``Office of Foreign Labor Certification (OFLC)'' to read as follows:
Sec. 655.200 General description of this subpart and definition of
terms.
* * * * *
(c) * * *
Administrative Law Judge means an official who is authorized to
conduct administrative hearings.
Administrator, Office of Foreign Labor Certification (OFLC
Administrator) means the primary official of the Office of Foreign
Labor Certification or the OFLC Administrator's designee.
* * * * *
Department of Homeland Security (DHS) through the United States
Citizenship and Immigration Services (USCIS) makes the determination
under the INA on whether or not to grant visa petitions to an alien
seeking to perform temporary agricultural or logging work in the United
States.
* * * * *
Office of Foreign Labor Certification (OFLC) means the
organizational component within the ETA that provides national
leadership and policy guidance and develops regulations and procedures
to carry out the responsibilities of the Secretary of Labor under the
INA concerning alien workers seeking admission to the United States in
order to work under the Immigration and Nationality Act, as amended.
* * * * *
Sec. 655.204 [Amended]
0
107. Remove the words ``and the Administrator'' in paragraph (d)
introductory text; and remove the words ``by a Department of Labor
(DOL) Hearing Officer'' and add, in their place, the words ``by an
Administrative Law Judge'' in paragraph (d)(2).
Sec. 655.205 [Amended]
0
108. Amend Sec. 655.205 as follows:
0
a. Remove the words ``and local office'' in the first sentence of
paragraph (a) and the second sentence of paragraph (c); and
0
b. Remove the words ``the RA, under the direction of the ETA national
office and with the assistance of other RAs with respect to areas
outside the region,'' and add, in their place, the words ``OFLC
Administrator'' in paragraph (b).
Sec. 655.206 [Amended]
0
109. In Sec. 655.206(d)(2), remove the words ``The ES system'' and
add, in
[[Page 35520]]
their place the words ``The State Workforce Agency (SWA) system''.
Sec. 655.209 [Amended]
0
110. In Sec. 655.209, in the second sentence, remove the words
``becomes known to a Regional Administrator, Employment and Training
Administration or to the Administrator, the Regional Administrator or
Administrator as appropriate, shall notify the'' and add, in their
place, the words ``becomes known to the OFLC Administrator, the OFLC
Administrator shall notify the''.
Sec. 655.212 [Amended]
0
111. Amend Sec. 655.212 as follows:
0
a. Remove the words ``a Hearing Officer'' and add, in their place, the
words ``an Administrative Law Judge'' in the first sentence in
paragraph (a);
0
b. Remove ``The Hearing Officer'' and add, in their place, the words
``The Administrative Law Judge'' in the second sentence in paragraph
(a) and in paragraph (b) in two places; and
0
c. Remove the words ``the Hearing Officer'' and add, in their place,
the words ``the Administrative Law Judge''; and remove the word
``Administrator,'' in the second sentence in paragraph (b).
Sec. 655.500 [Amended]
0
112. In Sec. 655.500(a)(2), in the second sentence, remove the words
``The Department of Justice, through the Immigration and Naturalization
Service (INS), determines'' and add, in their place, the words ``The
Department of Homeland Security (DHS) through the United States
Citizenship and Immigration Services (USCIS), determines''.
0
113. Amend Sec. 655.502 as follows:
0
a. Remove the definitions of ``Certifying Officer'', ``Chief, Division
of Foreign Labor Certifications, USES'', ``Director'', ``Immigration
and Nationalization Service (INS)'', ``Regional Administrator,
Employment and Training Administration (RA)'' and ``United States
Employment Service (USES)''; and
0
b. Add the definitions for ``Administrator, Office of Foreign Labor
Certification (OFLC Administrator)'', ``Certifying Officer (CO)'',
``Department of Homeland Security (DHS) through the United States
Citizenship and Immigration Services (USCIS)'', and ``Office of Foreign
Labor Certification (OFLC)'' to read as follow:
Sec. 655.502 Definitions.
* * * * *
Administrator, Office of Foreign Labor Certification (OFLC
Administrator) means the primary official of the Office of Foreign
Labor Certification (OFLC Administrator), or the OFLC Administrator's
designee.
* * * * *
Certifying Officer (CO) means a Department of Labor official, or
the CO's designee, who makes determinations about whether or not to
grant applications for labor certification. The National Certifying
Officer, which is the OFLC Administrator, makes such determinations in
the national office of the OFLC.
* * * * *
Department of Homeland Security (DHS) through the United States
Citizenship and Immigration Services (USCIS) makes the determination
under the Act on whether an employer of alien crewmembers may use such
crewmembers for longshore work at a U.S. port.
* * * * *
Office of Foreign Labor Certification (OFLC) means the
organizational component within the ETA that provides national
leadership and policy guidance and develops regulations and procedures
to carry out the responsibilities of the Secretary of Labor under the
INA concerning alien workers seeking admission to the United States in
order to work under the Immigration and Nationality Act, as amended.
* * * * *
Sec. 655.510 [Amended]
0
114. Amend Sec. 655.510 as follows:
0
a. Remove the words ``ETA Regional Office(s) which are designated by
the Chief, Division of Foreign Labor Certifications, USES'' and add, in
their place, ``office(s) which are designated by the OFLC
Administrator'' in the first sentence in paragraph (b)(1);
0
b. Remove the words ``are available at all Department of Labor ETA
Regional Offices and at the National Office.'' and add, in their place,
the words ``are available at the National Processing Centers and at the
National Office.'' in the third sentence in paragraph (c)(1); and
0
c. Remove the words ``regional Certifying Officer'' and add, in their
place, the words ``Certifying Officer'' in the first three sentences in
paragraph (g) introductory text, the first sentence in paragraph (h),
and the last sentence in paragraph (j)(1).
Sec. 655.533 [Amended]
0
115. In Sec. 655.533(a), remove the words ``are available at all
Department of Labor Regional Offices and at the National Office.'' and
add, in their place, the words ``are available at the National
Processing Centers and at the National Office.''
Sec. 655.665 [Amended]
0
116. In Sec. 655.665, remove from the section heading the words ``the
Attorney General'' and add, in their place, ``the Department of
Homeland Security''.
Sec. 655.700 [Amended]
0
117. In Sec. 655.700(d)(1), remove the words ``(now USCIS)''.
Sec. 655.705 [Amended]
0
118. Amend Sec. 655.705 as follows:
0
a. Remove from the introductory text the words ``Three federal agencies
(Department of Labor, Department of State, and Department of Justice)''
and add, in their place, the words ``Four federal agencies (Department
of Labor, Department of State, Department of Justice, and Department of
Homeland Security)'';
0
b. Remove the words ``Room C-4318'' and add, in their place, the words
``Room C-4312'' in paragraph (a)(1); and
0
c. Remove the words ``Department of Justice (DOJ) and Department of
State (DOS)'' and add, in their place, the words ``Department of
Justice (DOJ), Department of Homeland Security (DHS) and Department of
State (DOS)'' in the heading to paragraph (b); and remove the words
``The Department of Justice, through the Immigration and Naturalization
Service (INS)'' and add, in their place, the word ``DHS'' and remove
the words ``The Department of Justice, through the INS'' and add, in
their place, the word ``DHS'' in the second sentence of paragraph (b)
respectively.
0
119. Amend Sec. 655.715 as follows:
0
a. In the definition of Employment and Training Administration (ETA),
remove the words ``Office of Workforce Security (OWS)'' and add, in
their place, the words ``Office of Foreign Labor Certification
(OFLC)''; in the definitions of Employer and in paragraph (3) of
Specialty Occupation remove the words, ``(formerly the Immigration and
Naturalization Service or INS)''; and in paragraph (2) of the
definition of United States worker (``U.S. worker'') remove the words
``(by the INA or by the Attorney General)'' and add, in their place,
``(by the INA or by DHS)'';
0
b. Remove the definitions of ``Immigration and Naturalization Service
(INS)'', ``Office of Workforce Security (OWS)'' and ``State Employment
Security Agency''; and
0
c. Add, in alphabetical order, the definitions of ``Department of
Homeland Security (DHS) through the United States Citizenship and
Immigration
[[Page 35521]]
Services (USCIS)'', ``Office of Foreign Labor Certification (OFLC)'',
and ``State Workforce Agency, formerly State Employment Security Agency
or SESA'' to read as follows:
Sec. 655.715 Definitions
* * * * *
Department of Homeland Security (DHS) through the United States
Citizenship and Immigration Services (USCIS) makes the determination
under the INA on whether to grant visa petitions of employers seeking
the admission of non-immigrants under H-1B visa for the purpose of
employment.
* * * * *
Office of Foreign Labor Certification (OFLC) means the
organizational component within the ETA that provides national
leadership and policy guidance and develops regulations and procedures
to carry out the responsibilities of the Secretary of Labor under the
INA concerning alien workers seeking admission to the United States in
order to work under the Immigration and Nationality Act, as amended.
* * * * *
State Workforce Agency, formerly State Employment Security Agency
or SESA means the State agency which, under the State Administrator, is
designated by the Governor to administer Wagner-Peyser Act funded
employment and workforce information services (State agency) and the
State unemployment compensation program.
* * * * *
Sec. 655.730 [Amended]
0
120. Amend Sec. 655.730 as follows:
0
a. Remove the words ``Employer Identification Number (EIN)'' and add,
in their place, the words ``Federal Employer Identification Number
(FEIN)'' in paragraph (e)(1) introductory text; and
0
b. Remove the words ``employer identification number (EIN)'' and add,
in their place, the words ``Federal Employer Identification Number
(FEIN)'' in paragraph (e)(1)(iii).
Sec. 655.731 [Amended]
0
121. Amend Sec. 655.731 as follows:
0
a. Remove the words ``State Employment Security Agency (SESA) (now
known as State Workforce Agency or SWA)'' and add, in their place, the
word ``SWA'' in paragraph (a)(2) introductory text;
0
b. Remove the words ``SESA (now known as State Workforce Agency or
SWA)'' and add, in their place, the word ``SWA'' in paragraph
(a)(2)(ii)(A); and
0
c. Remove the word ``SESA'' and add, in its place, the word ``SWA'' in
paragraphs (a)(2)(ii)(A) in three places, (a)(2)(ii)(A)(1) in five
places, (a)(2)(ii)(A)(2) in three places, (a)(2)(ii)(A)(3) in three
places, (a)(2)(ii)(B), (b)(3)(iii)(A), (d)(2) introductory text, and
(d)(3).
Sec. 655.760 [Amended]
0
122. Amend Sec. 655.760 as follows:
0
a. Remove the word ``EIN'' and add, in its place, the word ``FEIN'' in
paragraph (a)(7); and
0
b. Remove the word ``Division'' and add, in its place, the word
``Office'' in the last sentence in paragraph (b).
Sec. Sec. 655.3, 655.204, 655.212 [Amended]
0
123. In 20 CFR Part 655, remove the words ``Regional Administrator''
and add, in their place, the words ``OFLC Administrator'' in the
following places:
0
a. Section 655.3(c);
0
b. Section 655.204(d)(2); and
0
c. Section 655.212(a) in two places.
Sec. Sec. 655.100, 655.200, 655.201 [Amended]
0
123A. In 20 CFR Part 655, remove the words ``Regional Administrator
(RA)'' and add, in their place, the words ``OFLC Administrator'' in the
following places:
0
a. Section 655.100(a)(1), second sentence;
0
b. Section 655.200(b), third sentence; and
0
c. Section 655.201(e), first sentence.
Sec. Sec. 655.3, 655.4, 655.200, 655.215, 655.501, 655.700,
655.801 [Amended]
0
124. In 20 CFR Part 655, remove the words ``Immigration and
Naturalization Service'' and add, in their place, the words ``United
States Citizenship and Immigration Services of the Department of
Homeland Security'' in the following places:
0
a. Section 655.3(d);
0
b. Section 655.4;
0
c. Section 655.200(b);
0
d. Section 655.215;
0
e. Section 655.501(b)(1);
0
f. Section 655.700(a)(3), and (d)(1); and
0
g. Section 655.801(c).
Sec. Sec. 655.4, 655.100, 655.106, 655.108, 655.112, 655.200, 655.201,
655.204, 655.208, 655.209, 655.212, 655.215, 655.501, 655.510, 655.538,
655.700, 655.705, 655.731, 655.733, 655.736, 655.737, 655.740, 655.750,
655.801, 655.805 [Amended]
0
125. In 20 CFR Part 655 remove the word ``INS'' and add, in its place,
the word ``DHS'' in the following places:
0
a. Section 655.4;
0
b. Section 655.100(b) in the definition of Temporary alien agricultural
labor certification;
0
c. Section 655.106(c)(3)(i) in three places and (c)(3)(ii) in two
places;
0
d. Section 655.108(a) and (c);
0
e. Section 655.112(a)(2) and (b)(2);
0
f. Section 655.200(b) in four places;
0
g. Section 655.201(c) and (e) in two places;
0
h. Section 655.204(d)(3)(i) in two places and (d)(3)(ii) in two places;
0
i. Section 655.208(a) and (c);
0
j. Section 655.209 in two places;
0
k. Section 655.212(b);
0
l. Section 655.215 in two places;
0
m. Section 655.501(b)(1) and (b)(2);
0
n. Section 655.510(g)(1)(i) in two places and (g)(2)(vii);
0
o. Section 655.538(a)(1) in two places and (b)(6);
0
p. Section 655.700(a)(3), (b)(2) in six places, (b)(3) in two places,
(c)(2), and (d)(1) in the second instance;
0
q. Section 655.705(b) in the first, third, fourth and fifth instances,
(c)(3), and (c)(4) in two places;
0
r. Section 655.731(c)(6)(ii), (c)(7)(i), and (c)(7)(ii) in two places;
0
s. Section 655.733 introductory text, (a) introductory text, (a)(2) in
the heading and in two places;
0
t. Section 655.736(d) introductory text;
0
u. Section 655.737(d)(1) in two places, (e)(1) in three places;
0
v. Section 655.740(a)(1) in three places;
0
w. Section 655.750(b)(5) in two places, and (c)(2);
0
x. Section 655.801(a)(1); and
0
y. Section 655.805(a)(11) and (d).
Sec. Sec. 655.93, 655.100, 655.102, 655.107, 655.111 [Amended]
0
126. In 20 CFR Part 655 remove the word ``Director'' and add, in its
place, the word ``OFLC Administrator'' in the following places:
0
a. Section 655.93(b) in five places and (c) in two places;
0
b. Section 655.100(b) in the definition of Adverse effect wage rate
(AEWR);
0
c. Section 655.102(b)(4), last sentence;
0
d. Section 655.107(a) in two places and (b) and;
0
e. Section 655.111(a), seventh sentence.
Sec. Sec. 655.100, 655.200 [Amended]
0
127. In 20 CFR Part 655, revise the definition heading ``State agency''
to read ``State Workforce Agency (SWA)'' in the following places:
0
a. Section 655.100(b); and
0
b. Section 655.200(c).
Sec. Sec. 655.100, 655.200, 655.502 [Amended]
0
128. In 20 CFR Part 655, in the definition Employment Training
Administration (ETA), remove the words ``which includes the United
States Employment Service (USES)'' and
[[Page 35522]]
add, in their place, the words ``which includes the Office of Foreign
Labor (OFLC)'' in the following places:
0
a. Section 655.100(b);
0
b. Section 655.200(c); and
0
c. Section 655.502.
Sec. Sec. 655.100, 655.101, 655.102, 655.103, 655.104, 655.105,
655.106, 655.108, 655.110, 655.111, 655.112, 655.200, 655.201, 655.202,
655.203, 655.204, 655.205, 655.206, 655.208, 655.210, 655.211,
655.212 [Amended]
0
129. In 20 CFR Part 655, remove the word ``RA'' and add, in its place,
the word ``OFLC Administrator'' in the following places:
0
a. Section 655.100(a)(1) in three places, (a)(2), (a)(3) in two places,
(a)(4)(i), (a)(4)(ii), (a)(4)(iii)(A), (a)(4)(iii)(B), and (b) in the
definitions of Accept for consideration and Temporary alien
agricultural labor certification determination;
0
b. Section 655.101(a)(1) in two places, (a)(3), (c) in two places,
(c)(1) in five places, (c)(2) in nine places, (c)(4) in three places,
(c)(5), (c)(5)(ii) in two places, (c)(5)(iii), (d), (e) in two places,
(f)(1), (f)(2) in three places, and (g) in two places;
0
c. Section 655.102(b)(1)(iii), (b)(2), (b)(3), (b)(4), (b)(6)(iv),
(b)(9)(ii)(B)(1), (b)(9)(ii)(B)(2), and (c) in two places;
0
d. Section 655.103(d)(2) in two places, (f), and (h)(2);
0
e. Section 655.104(b) in five places, (c) in two places, (c)(2), (c)(3)
in two places, and (e) in five places;
0
f. Section 655.105(a) in seven places, (c) in three places, (d) in
three places, and (e);
0
g. Section 655.106(b)(1) in eight places, (b)(1)(iii), (b)(1)(v) in the
first three instances, (b)(2)(ii), (c)(1), (c)(3)(ii) in four places,
(d) in two places, (f)(1)(i), (f)(1)(iii), (f)(2), (g)(2) in two
places, (g)(3), (g)(4) in six places, (h)(1) in three places, (h)(2) in
two places, (h)(2)(i) in two places, (h)(2)(ii) in four places,
(h)(3)(i) in two places, (h)(3)(ii) in three places, and (h)(3)(iii) in
four places;
0
h. Section 655.108(a) in two places, (b), and (c);
0
i. Section 655.110(a) in seven places, (b) in three places, (c)(1) in
four places, (c)(2) in five places, (d) in two places, (e) in two
places, (f) in two places, (g)(1), and (g)(1)(ii);
0
j. Section 655.111(a) in three places, and (b);
0
k. Section 655.112(a)(1 ), (a)(2) in two places, (b)(1), and (b)(2) in
two places;
0
l. Section 655.200(b) in six places;
0
m. Section 655.201(c) in two places, (d) and (e) in four places;
0
n. Section 655.202(b)(4), (b)(9)(ii)(B)(1), (b)(9)(ii)(B)(2), and
(b)(12);
0
o. Section 655.203(f);
0
p. Section 655.204(a), (c) in five places, (d), (d)(2), (d)(3)(i), and
(d)(3)(ii);
0
q. Section 655.205(a) in three places, and (c) in three places;
0
r. Section 655.206(a) in six places and (c) in two places;
0
s. Section 655.208(a) in two places and (b);
0
t. Section 655.210(a) in five places;
0
u. Section 655.211(a) in two places; and
0
v. Section 655.212(b) in two places.
Sec. Sec. 655.101, 655.102, 655.103, 655.104, 655.106, 655.201,
655.204 [Amended]
0
130. In 20 CFR Part 655 remove the words ``local office'' and add, in
their place, the word ``SWA'' in the following places:
0
a. Section 655.101(a)(1), (c)(2) in two places, (c)(3), and (c)(4) in
three places;
0
b. Section 655.102(b)(11);
0
c. Section 655.103(c);
0
d. Section 655.104(c);
0
e. Section 655.106(g)(1) in two places, (g)(2) in two places,
(g)(3),(h)(2)(ii) and (h)(3)(i);
0
f. Section 655.201(a)(1), (c), and (e); and
0
g. Section 655.204(a), (b), and (d).
Sec. Sec. 655.103, 655.203 [Amended]
0
131. In 20 CFR Part 655, remove the words ``a local employment services
office in their area'' and add, in their place, the words ``the
appropriate office of the State Workforce Agency in their area'' in the
following places:
0
a. Section 655.103(d)(2)(ii); and
0
b. Section 655.203(d)(2)(ii).
Sec. Sec. 655.105, 655.205 [Amended]
0
132. In 20 CFR Part 655 remove, the words ``state agency'' and add, in
their place, the word ``SWA'' in the following places:
0
a. Section 655.105(b), and (d); and
0
b. Section 655.205(a), and (b).
Sec. Sec. 655.200, 655.202, 655.207, 655.211 [Amended]
0
133. In 20 CFR Part 655, remove the word ``Administrator'' and add, in
its place, the word ``OFLC Administrator'' in the following places:
0
a. Section 655.200(c) in four places in the definition of Adverse
effect rate;
0
b. Section 655.202(b) and (b)(4);
0
c. Section 655.207(b)(1); and
0
d. Section 655.211(a).
Sec. Sec. 655.204, 655.205, 655.206 [Amended]
0
134. In 20 CFR Part 655, remove the words ``a DOL Hearing Officer'' and
add, in their place, the words ``an Administrative Law Judge'' in the
following places:
0
a. Section 655.204(d)(3);
0
b. Section 655.205(d); and
0
c. Section 655.206(c).
Sec. Sec. 655.510, 655.540, 655.625, 655.665, 655.670, 655.807,
655.810, 655.815, 655.855 [Amended]
0
135. In 20 CFR Part 655, remove the words ``Attorney General'' and add,
in their place, the word ``DHS'' in the following places:
0
a. Section 655.510(i)(1) and (i)(2);
0
b. Section 655.540(a) and (b);
0
c. Section 655.625(d)(5);
0
d. Section 655.665(a) in two places, (a)(1), (b), (c), and (d)(1);
0
e. Section 655.670(a), (c), (d), (d)(1), and (d)(2);
0
f. Section 655.807(e);
0
g. Section 655.810(d);
0
h. Section 655.815(c)(5); and
0
i. Section 655.855 in heading, (a) in three places, (b), (c), and (d).
Sec. Sec. 655.538; 655.539; 655.541 [Amended]
0
136. In 20 CFR Part 655, remove the words ``regional certifying
officer'' and add, in their place, the words ``Certifying Officer'' in
the following places:
0
a. Section 655.538 in three places;
0
b. Section 655.539; and
0
c. Section 655.541(a).
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF
ALIENS IN THE UNITED STATES
0
137. The authority for 20 CFR Part 656 continues to read as follows:
Authority: 8 U.S.C. 1182(a)(5)(A), 1189(p)(1); 29 U.S.C. 49 et
seq.; section 122, Pub. L. 101-649, 109 Stat. 4978; and Title IV,
Pub. L. 105-277, 112 Stat. 2681.
Sec. 656.1 [Amended]
0
138. In Sec. 656.1(c) remove the word ``Division'' and add, in its
place, the word ``Office.''
0
139. Amend Sec. 656.3 as follows:
0
a. Remove the definition of ``Division of Foreign Labor
Certification'';
0
b. In the definition of Employment and Training Administration (ETA),
remove the words ``Division of Foreign Labor Certification'', and add,
in their place, the words ``Office of Foreign Labor Certification
(OFLC)''; and
0
c. Add, in alphabetical order, the definition of ``Office of Foreign
Labor Certification'' to read as follows:
Sec. 656.3 Definitions, for purposes of this part, of terms used in
this part.
* * * * *
Office of Foreign Labor Certification means the organizational
component within the Employment and Training Administration that
provides national leadership and policy guidance and
[[Page 35523]]
develops regulations and procedures to carry out the responsibilities
of the Secretary of Labor under the Immigration and Nationality Act, as
amended, concerning alien workers seeking admission to the United
States in order to work under section 212(a)(5)(A) of the Immigration
and Nationality Act, as amended.
* * * * *
Sec. 656.10 [Amended]
0
140. In Sec. 656.10(d)(5) remove the reference ``656.18(b)(2)'' and
add, in its place, the reference, ``656.18(b)(3)''.
Sec. 656.16 [Amended]
0
141. In Sec. 656.16(b)(2) remove the words, ``Chief, Division of
Foreign Labor Certification'' and add, in their place, the words
``Office of Foreign Labor Certification (OFLC) Administrator''.
Sec. 656.20 [Amended]
0
142. In Sec. 656.20(b) remove the words ``that application being
denied Sec. 656.24 under'' and add, in their place, the words ``that
application being denied under Sec. 656.24''.
0
143. Revise Sec. 656.24(a) to read as follows:
Sec. 656.24 Labor certification determinations.
(a)(1) The Office of Foreign Labor Certification Administrator
(OFLC Administrator) is the National Certifying Officer. The OFLC
Administrator and the certifying officers in the ETA application
processing centers have the authority to certify or deny labor
certification applications.
(2) If the labor certification presents a special or unique
problem, the Director of an ETA application processing center may refer
the matter to the Office of Foreign Labor Certification Administrator
(OFLC Administrator). If the OFLC Administrator has directed that
certain types of applications or specific applications be handled in
the ETA national office, the Directors of the ETA application
processing centers shall refer such applications to the OFLC
Administrator.
* * * * *
PART 658--ADMINISTRATIVE PROVISIONS GOVERNING THE JOB SERVICE
SYSTEM
0
144. The authority for 20 CFR Part 658 continues to read as follows:
Authority: Wagner-Peyser Act of 1933, as amended, 29 U.S.C. 49
et seq.; 38 U.S.C. chapters 41 and 42; 5 U.S.C. 301 et seq.;
sections 658.410, 658.411 and 658.413 also issued under 44 U.S.C.
3501 et seq.
Sec. 658.401 [Amended]
0
145. In Sec. 658.401(a)(1) in two places, remove the words ``,WIN or
CETA'' and add, in their place, the words ``or WIA''.
Sec. 658.417 [Amended]
0
146. In Sec. 658.417(a), remove the words ``and/or the Work Incentive
Program''.
Sec. Sec. 658.602, 658.603 [Amended]
0
147. In 20 CFR Part 658, remove the words ``CETA 303 groups'' and add,
in their place, the words ``WIA 167 National Farmworker Jobs program
organizations'' in the following places:
0
a. Section 658.602(f)(8)(iii) and (f)(11); and
0
b. Section 658.603(f)(9)(iii) and (f)(12).
Sec. Sec. 658.602, 658.603 [Amended]
0
148. In 20 CFR Part 658, remove the words ``CETA 303 services'' and
add, in their place, the words ``WIA 167 National Farmworker Jobs
program services'' in the following places:
0
a. Section 658.602(f)(11); and
0
b. Section 658.603(f)(12).
Sec. 658.704 [Amended]
0
149. In paragraphs (b), (d) in two places, (e), and (f)(1) of Sec.
658.704, remove the words ``USES Administrator'' and add, in their
place, the words ``OWI Administrator''.
PART 661--STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE
INVESTMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT
0
150. The authority for 20 CFR Part 661 continues to read as follows:
Authority: Sec. 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).
Sec. 661.240 [Amended]
0
151. Amend Sec. 661.240 as follows:
0
a. Remove and reserve paragraph (a)(5); and
0
b. In paragraph (b)(1) remove the words '', or the WtW plan''.
PART 662--DESCRIPTION OF THE ONE-STOP SYSTEM UNDER TITLE I OF THE
WORKFORCE INVESTMENT ACT
0
152. The authority for 20 CFR Part 662 is revised to read as follows:
Authority: Sec. 506(c), Pub. L. 105-220; 20 U.S.C. 9276(c).
0
153. Amend Sec. 662.200 by removing and reserving paragraph (b)(5) and
by revising paragraph (b)(8) to read as follows:
Sec. 662.200 Who are the required One-Stop partners?
* * * * *
(b) * * *
(8) Trade Adjustment Assistance and NAFTA Transitional Adjustment
Assistance activities authorized under chapter 2 of title II of the
Trade Act of 1974, as amended (19 U.S.C. 2271 et seq.) and Section
123(c)(2) of the Trade Adjustment Assistance Reform Act of 2002 (Pub.
L. 107-210), respectively; see (WIA sec. 121(b)(1)(B)(viii));
* * * * *
0
154. Revise Sec. 662.240(b)(10) to read as follows:
Sec. 662.240 What are a program's applicable core services?
* * * * *
(b) * * *
(10) Assistance in establishing eligibility for programs of
financial aid assistance for training and education programs that are
not funded under this Act and are available in the local area; and
* * * * *
PART 667--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE
INVESTMENT ACT
0
155. The authority for 20 CFR Part 667 continues to read as follows:
Authority: Subtitle C of Title I, Sec. 506(c), Pub. L. 105-220,
112 Stat. 936 (20 U.S.C. 9276(c)); Executive Order 13198, 66 FR
8492, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141,
3 CFR 2002 Comp., p. 258.
Sec. 667.105 [Amended]
0
156. Remove and reserve Sec. 667.105(f).
Sec. 667.200 [Amended]
0
157. Amend Sec. 667.200 as follows:
0
a. In paragraph(a)(2), remove the words ``which is codified at 29 CFR
part 95.'' and add, in their place, the words ``which is codified at 2
CFR part 215 and 29 CFR part 95.'';
0
b. In paragraph (b)(2)(ii), remove the words ``($300,00 as of August
11, 2000)'' and add, in their place, the words ``($300,000 ($500,000
for years ending after December 21, 2003))''; and
0
c. Remove paragraph (c)(7).
Subpart I [Removed]
0
158. Remove subpart I, consisting of Sec. Sec. 667.900 and 667.910.
[[Page 35524]]
PART 668--INDIAN AND NATIVE AMERICAN PROGRAMS UNDER TITLE I OF THE
WORKFORCE INVESTMENT ACT
0
159. The authority citation for 20 CFR 668 continues to read as
follows:
Authority: Secs. 506(c) and 166(h)(2), Pub. L. 105-220; 20
U.S.C. 9276(c); 29 U.S.C. 2911(h)(2).
Sec. 668.230 [Amended]
0
160. In Sec. 668.230(b) remove the words ``or the JTPA regulations at
20 CFR part 632''.
Dated: May 25, 2006.
Emily Stover DeRocco,
Assistant Secretary for Employment and Training.
[FR Doc. 06-5292 Filed 6-20-06; 8:45 am]
BILLING CODE 4510-30-P