82 FR 55493 - Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker Numerical Limitation for Fiscal Years 2018 Through 2020

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 82, Issue 224 (November 22, 2017)

Page Range		55493-55495
FR Document		2017-25306

The Secretary of Homeland Security announces the annual fiscal year numerical limitations for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) nonimmigrant classification for the remainder of the transition period, which is scheduled to end on December 31, 2019. This document announces the mandated annual reduction of the CW-1 numerical limitation (also known as the CW-1 cap) and ensures that CNMI employers and employees have sufficient information regarding the maximum number of CW-1 transitional workers who may be granted status during the remainder of the transition period, which includes Fiscal Years (FYs) 2018-2019 and the first 3 months of FY 2020. For FY 2018, the cap is set at 9,998. For FY 2019, the cap is set at 4,999. For FY 2020, the cap is set at 2,499 and will be in effect until the end of the transition period on December 31, 2019.

Federal Register, Volume 82 Issue 224 (Wednesday, November 22, 2017)

[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Rules and Regulations]
[Pages 55493-55495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25306]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / 
Rules and Regulations

[[Page 55493]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 214

[CIS No. 2606-17; DHS Docket No. USCIS-2012-0010]
RIN 1615-ZB43


Commonwealth of the Northern Mariana Islands (CNMI)-Only 
Transitional Worker Numerical Limitation for Fiscal Years 2018 Through 
2020

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notification of numerical limitations.

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

SUMMARY: The Secretary of Homeland Security announces the annual fiscal 
year numerical limitations for the Commonwealth of the Northern Mariana 
Islands (CNMI)-Only Transitional Worker (CW-1) nonimmigrant 
classification for the remainder of the transition period, which is 
scheduled to end on December 31, 2019. This document announces the 
mandated annual reduction of the CW-1 numerical limitation (also known 
as the CW-1 cap) and ensures that CNMI employers and employees have 
sufficient information regarding the maximum number of CW-1 
transitional workers who may be granted status during the remainder of 
the transition period, which includes Fiscal Years (FYs) 2018-2019 and 
the first 3 months of FY 2020. For FY 2018, the cap is set at 9,998. 
For FY 2019, the cap is set at 4,999. For FY 2020, the cap is set at 
2,499 and will be in effect until the end of the transition period on 
December 31, 2019.

DATES: Effective November 22, 2017.

FOR FURTHER INFORMATION CONTACT: Paola Rodriguez Hale, Adjudications 
Officer (Policy), Office of Policy and Strategy, U.S. Citizenship and 
Immigration Services, Department of Homeland Security, 20 Massachusetts 
Avenue NW., Washington, DC 20529-2060. Contact telephone 202-272-8377.

SUPPLEMENTARY INFORMATION: 

I. Background

    Title VII of the Consolidated Natural Resources Act of 2008 (CNRA) 
extended U.S. immigration law, with limited exceptions, to the CNMI and 
provided CNMI-specific provisions affecting foreign workers. See Public 
Law 110-229, 122 Stat. 754, 853-854. The CNRA provided for a transition 
period to phase out the CNMI's nonresident contract worker program and 
phase in the U.S. Federal immigration system in a manner that minimizes 
adverse economic and fiscal effects and maximizes the CNMI's potential 
for future economic and business growth. See sections 701 and 702(a) of 
the CNRA.
    The CNRA authorized the Secretary of Homeland Security to create a 
nonimmigrant classification that would ensure adequate employment in 
the CNMI during the transition period. See section 702(a) of the CNRA; 
48 U.S.C. 1806(d). The Department of Homeland Security (DHS) published 
a final rule on September 7, 2011, amending the regulations at 8 CFR 
214.2(w) to implement a temporary, CNMI-only transitional worker 
nonimmigrant classification (CW classification, which includes CW-1 for 
principal workers and CW-2 for spouses and minor children). See 
Commonwealth of the Northern Mariana Islands Transitional Worker 
Classification, 76 FR 55502 (Sept. 7, 2011).
    The CNRA mandated an annual reduction in the number of permits 
issued per year and the total elimination of the CW nonimmigrant 
classification by the end of the transition period. See 48 U.S.C. 
1806(d)(2). At the outset of the transitional worker program, DHS set 
the CW-1 numerical limitation (also known as the CW-1 cap) for FY 2011 
at 22,417 and for FY 2012 at 22,416. DHS announced these annual caps in 
DHS regulations at 8 CFR 214.2(w)(1)(viii)(A) and (B). DHS subsequently 
published annual caps by Federal Register notice. See 8 CFR 
214.2(w)(1)(viii)(C).
    The CNRA directed the U.S. Secretary of Labor to determine whether 
an extension of the CW program for an additional period of up to 5 
years beyond the expiration of the initial transition period on 
December 31, 2014, was necessary to ensure that an adequate number of 
workers will be available for legitimate businesses in the CNMI. The 
CNRA further provided the Secretary of Labor with the authority to 
provide for such an extension through notice in the Federal Register. 
On June 3, 2014, the Secretary of Labor extended the CW program for an 
additional 5 years, through December 31, 2019. See Secretary of Labor 
Extends the Transition Period of the Commonwealth of the Northern 
Mariana Islands-Only Transitional Worker Program, 79 FR 31988 (June 3, 
2014). Since the Secretary of Labor extended the CW program at least 
until December 31, 2019, DHS decided to preserve the status quo, or 
current conditions, rather than aggressively reduce CW-1 numbers for FY 
2015. DHS therefore reduced the CW-1 cap nominally by one, resulting in 
an FY 2015 limit of 13,999. See Commonwealth of the Northern Mariana 
Islands Transitional Worker Classification (CNMI)-Only Transitional 
Worker Numerical Limitation for Fiscal Year 2015, 79 FR 58241 (Sept. 
29, 2014).
    On December 16, 2014, Congress amended the law to extend the 
transition period until December 31, 2019. See Consolidated and Further 
Continuing Appropriations Act, 2015, Public Law 113-235, sec. 10, 128 
Stat. 2130, 2134 (codified at 48 U.S.C. 1806(d)). Congress also 
eliminated the Secretary of Labor's authority to provide for future 
extensions of the CW-1 program, requiring the CW-1 program to end (or 
sunset) on December 31, 2019. See id.
    For FY 2016, DHS reduced the cap by 1,000 to a limit of 12,999. See 
Commonwealth of the Northern Mariana Islands Transitional Worker 
Classification (CNMI)-Only Transitional Worker Numerical Limitation for 
Fiscal Year 2016, 80 FR 63911 (Oct. 22, 2015). The CW-1 cap was met for 
the first time in FY 2016.\1\ As a result, DHS preserved the status quo 
and reduced the cap for FY 2017 by only one to 12,998. See Commonwealth 
of the Northern Mariana Islands Transitional Worker Classification 
(CNMI)-Only Transitional Worker Numerical Limitation for Fiscal Year 
2017, 81 FR 60581 (Sept. 2, 2016). In the Federal Register notice 
announcing the CW-1 cap for FY 2017, DHS explained that the nominal

[[Page 55494]]

reduction would help preserve access to foreign labor in the CNMI, and 
emphasized the statutory requirement to reduce the annual cap to zero 
no later than the end of calendar year 2019. DHS also provided notice 
to CNMI employers and CW-1 workers warning of potential significant 
reductions in the number in the annual cap in the years ahead. Shortly 
thereafter, on October 14, 2016, the CW cap was met for FY 2017, only 2 
weeks into the fiscal year.\2\
---------------------------------------------------------------------------

    \1\ See ``USCIS Reaches CW-1 Cap for Fiscal Year 2016,'' 
available at https://www.uscis.gov/news/alerts/uscis-reaches-cw-1-cap-fiscal-year-2016.
    \2\ See ``USCIS Reaches CW-1 Cap for Fiscal Year 2017,'' 
available at https://www.uscis.gov/news/alerts/uscis-reaches-cw-1-cap-fiscal-year-2017.
---------------------------------------------------------------------------

II. Maximum Number of CW-1 Nonimmigrant Workers for Fiscal Years 2018 
Through 2020

    The CNRA requires an annual reduction in the number of transitional 
workers but does not mandate a specific numerical reduction. See 48 
U.S.C. 1806(d)(2). In addition, DHS regulations provide that the CW-1 
cap for any fiscal year will be less than the number established for 
the previous fiscal year, and that the adjusted number will be 
reasonably calculated in DHS's discretion to reduce the number of CW-1 
nonimmigrant workers to zero by the end of the program. 8 CFR 
214.2(w)(1)(viii)(C). DHS may adjust the cap for a fiscal year or any 
other period, at any time by publishing a document in the Federal 
Register, as long as the number is less than the cap for the previous 
fiscal year. See 8 CFR 214.2(w)(1)(viii)(D).
    As noted previously, Congress has mandated that the transition 
period end on December 31, 2019, without the possibility of an 
administrative extension. See Public Law 113-235, sec. 10 (codified at 
48 U.S.C. 1806(a)(2), (d)). Given this firm sunset date and the CNRA's 
requirement to reduce the number of transitional workers to zero by the 
end of the transition period, DHS believes it is now appropriate to 
publish a reduction plan to inform the public of the number of CW-1 
workers available during each of the fiscal years for the remainder of 
the transition period. See 48 U.S.C. 1806(d)(2). DHS believes that 
publishing a reduction plan of the CW-1 cap over the remaining two and 
one-quarter fiscal years will provide employers with knowledge of the 
availability of CW workers and help them adjust their workforce needs 
before the transition period ends.
    DHS has set the CW-1 cap for FY 2018 at 9,998. For FY 2019, the cap 
is set at 4,999. For FY 2020, the cap is set at 2,499 and will be in 
effect until the transition period ends on December 31, 2019. DHS 
considered an approach similar to FY 2017 of a nominal reduction only 
for the next fiscal year, consistent with DHS's prior goal of best 
ensuring that there are enough CW-1 workers for future fiscal years 
until the end of the program. However, at this point in time, with 
little over two years remaining in the transition period, DHS has 
decided that an orderly reduction over the remaining years of the 
transition period is the most appropriate course of action. DHS made 
this decision based on the need to reduce the number of CW-1 
nonimmigrant workers to zero by the end of the transition period, and 
consistent with the warning DHS provided in the September 2016 Federal 
Register document that CNMI employers and CW-1 workers should plan for 
more significant reductions in the annual numerical limitation in the 
years ahead. DHS believes that this approach will further encourage the 
recruitment of U.S. workers and the transition into the U.S. 
immigration system, consistent with the goals of the CNRA and the 
general policy in Executive Order 13,788, Buy American and Hire 
American, 82 FR 18837, 18838 (Apr. 21, 2017), ``to protect the 
interests of United States workers in the administration of our 
immigration system.''
    DHS also notes that Congress recently revised the CW-1 statute 
without extending the transition period. The Northern Mariana Islands 
Economic Expansion Act \3\ (the NMIEEA), which was enacted into law on 
August 22, 2017, revised the CW-1 visa classification to, among other 
things, (1) add 350 CW-1 visas to the fiscal year (FY) 2017 CW-1 cap 
for purposes of extending certain existing CW-1 permits, thus raising 
the total number of visas that may be issued from 12,998 to 13,348; \4\ 
and (2) prohibit the CW-1 classification from being available to 
workers who will be performing jobs classified as ``construction and 
extraction occupations'' as defined in the U.S. Department of Labor's 
Standard Occupational Classification (SOC) system other than to extend 
CW-1 permits of such workers first issued before October 1, 2015.
---------------------------------------------------------------------------

    \3\ See Northern Mariana Islands Economic Expansion Act, H.R. 
339, 115th Cong. (1st Sess. 2017) (amending Section 6 of Public Law 
94-241, 48 U.S.C. 1806) (Aug. 22, 2017).
    \4\ The additional 350 visas are immediately and exclusively 
available to current CW-1 workers who are applying to extend their 
status and whose petition validity period expires between August 23 
and September 30, 2017. Of these additional visas, 60 are reserved 
for ``healthcare practitioners and technical occupations'' and 10 
are reserved for ``plant and system operators'' as those terms are 
defined in the SOC system.
---------------------------------------------------------------------------

    DHS reviewed this new legislation to consider its effect, if any, 
on the CW-1 FY 2018 cap. Congress added CW-1 visas to the FY 2017 cap, 
creating a new baseline of 13,448, yet it did not extend the transition 
period beyond the current sunset of December 31, 2019. Although the 
increase in the FY 2017 cap meant that DHS could have set the FY 2018 
cap as high as 13,347, DHS did not do so for the reasons set forth 
above.
    Notably, Congress also banned employers of new construction and 
extraction occupation workers from using the CW-1 classification. As 
described by the NMIEEA's sponsor in the Congressional Record, the bar 
on construction and extraction workers intends to require construction 
companies to fill new positions (including those filled by CW-1 workers 
after October 1, 2015) with non-CW-1 workers.\5\ As the construction 
worker bar will significantly reduce demand for the program compared to 
what it would be absent enactment of the NMIEEA, the new law will help 
mitigate potential harmful effects on CNMI employers resulting from the 
cap reductions for FY 2018 and subsequent years provided in this 
document. In setting the FY 2018 at 9,998, DHS is reducing the CW-1 cap 
by 3,000, which represents a reduction of about a quarter of the number 
for FY 2017. The FY 2019 cap, set to 4,999, reduces the FY 2018 cap by 
half. The final allocation for the first quarter of FY 2020 reduces the 
FY 2019 cap by half and is set to 2,499. A cap reduction in this manner 
complies with the regulatory requirement that the number in each fiscal 
year be reasonably calculated in DHS's discretion to reduce the number 
of CW-1 nonimmigrants to zero by the end of the transition period.
---------------------------------------------------------------------------

    \5\ 163 Cong. Rec. E1132 (daily ed. Aug. 15, 2017) (statement of 
Delegate Sablan).
---------------------------------------------------------------------------

    The FY 2018 cap for CW-1 nonimmigrant workers will be in effect 
beginning on October 1, 2017. DHS retains the ability to use its 
discretion to adjust the cap for a fiscal year or other period at any 
time by notice in the Federal Register, as long as the new cap is less 
than the one established for the previous fiscal year, and is a number 
reasonably calculated to reduce the number of CW-1 nonimmigrants to 
zero by the end of the transition period. See 8 CFR 
214.2(w)(1)(viii)(C) and (D). Consistent with the rules that apply to 
other nonimmigrant worker visa classifications, if the cap for the 
fiscal year is not reached, the unused numbers do not carry over to the 
next fiscal year. See 8 CFR 214.2(w)(1)(viii)(E).
    Generally, each CW-1 nonimmigrant worker with an approved 
employment

[[Page 55495]]

start date that falls within FY 2018 (October 1, 2017-September 30, 
2018) will be counted against the new cap of 9,998. Counting each CW-1 
nonimmigrant worker in this manner will help ensure that USCIS does not 
approve requests that would exceed the cap of 9,998 CW-1 nonimmigrant 
workers granted such status in FY 2018.
    This document does not affect the current immigration status of 
foreign workers who have CW-1 nonimmigrant status. Such foreign 
workers, however, will be affected by this document when their CNMI 
employers file:
     For an extension of their CW-1 nonimmigrant 
classification; or
     A change of status from another nonimmigrant status to 
that of CW-1 nonimmigrant status.
    This document does not affect the status of any individual 
currently holding CW-2 nonimmigrant status as the spouse or minor child 
of a CW-1 nonimmigrant worker. This document also does not directly 
affect the ability of any individual to extend or otherwise obtain CW-2 
status, as the cap applies to CW-1 principals only. This document, 
however, may indirectly affect individuals seeking CW-2 status since 
their status depends on the CW-1 principal's ability to obtain or 
retain CW-1 status.

Elaine C. Duke,
Acting Secretary of Homeland Security.
[FR Doc. 2017-25306 Filed 11-21-17; 8:45 am]
 BILLING CODE 9111-97-P

55493

Rules and Regulations Federal Register
Vol. 82, No. 224

Wednesday, November 22, 2017

This section of the FEDERAL REGISTER Avenue NW., Washington, DC 20529– adequate number of workers will be
contains regulatory documents having general 2060. Contact telephone 202–272–8377. available for legitimate businesses in the
applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: CNMI. The CNRA further provided the
are keyed to and codified in the Code of Secretary of Labor with the authority to
Federal Regulations, which is published under I. Background provide for such an extension through
50 titles pursuant to 44 U.S.C. 1510.
Title VII of the Consolidated Natural notice in the Federal Register. On June
The Code of Federal Regulations is sold by Resources Act of 2008 (CNRA) extended 3, 2014, the Secretary of Labor extended
the Superintendent of Documents. U.S. immigration law, with limited the CW program for an additional 5
exceptions, to the CNMI and provided years, through December 31, 2019. See
CNMI-specific provisions affecting Secretary of Labor Extends the
DEPARTMENT OF HOMELAND foreign workers. See Public Law 110– Transition Period of the Commonwealth
SECURITY 229, 122 Stat. 754, 853–854. The CNRA of the Northern Mariana Islands-Only
provided for a transition period to phase Transitional Worker Program, 79 FR
8 CFR Part 214 31988 (June 3, 2014). Since the
out the CNMI’s nonresident contract
[CIS No. 2606–17; DHS Docket No. USCIS– worker program and phase in the U.S. Secretary of Labor extended the CW
2012–0010] Federal immigration system in a manner program at least until December 31,
that minimizes adverse economic and 2019, DHS decided to preserve the
RIN 1615–ZB43
fiscal effects and maximizes the CNMI’s status quo, or current conditions, rather
Commonwealth of the Northern potential for future economic and than aggressively reduce CW–1 numbers
Mariana Islands (CNMI)-Only business growth. See sections 701 and for FY 2015. DHS therefore reduced the
Transitional Worker Numerical 702(a) of the CNRA. CW–1 cap nominally by one, resulting
Limitation for Fiscal Years 2018 The CNRA authorized the Secretary of in an FY 2015 limit of 13,999. See
Through 2020 Homeland Security to create a Commonwealth of the Northern
nonimmigrant classification that would Mariana Islands Transitional Worker
AGENCY: U.S. Citizenship and ensure adequate employment in the Classification (CNMI)-Only Transitional
Immigration Services, DHS. CNMI during the transition period. See Worker Numerical Limitation for Fiscal
ACTION: Notification of numerical section 702(a) of the CNRA; 48 U.S.C. Year 2015, 79 FR 58241 (Sept. 29, 2014).
limitations. 1806(d). The Department of Homeland On December 16, 2014, Congress
Security (DHS) published a final rule on amended the law to extend the
SUMMARY: The Secretary of Homeland September 7, 2011, amending the transition period until December 31,
Security announces the annual fiscal regulations at 8 CFR 214.2(w) to 2019. See Consolidated and Further
year numerical limitations for the implement a temporary, CNMI-only Continuing Appropriations Act, 2015,
Commonwealth of the Northern Mariana transitional worker nonimmigrant Public Law 113–235, sec. 10, 128 Stat.
Islands (CNMI)-Only Transitional classification (CW classification, which 2130, 2134 (codified at 48 U.S.C.
Worker (CW–1) nonimmigrant 1806(d)). Congress also eliminated the
includes CW–1 for principal workers
classification for the remainder of the Secretary of Labor’s authority to provide
and CW–2 for spouses and minor
transition period, which is scheduled to for future extensions of the CW–1
children). See Commonwealth of the
end on December 31, 2019. This program, requiring the CW–1 program to
Northern Mariana Islands Transitional
document announces the mandated end (or sunset) on December 31, 2019.
Worker Classification, 76 FR 55502
annual reduction of the CW–1 See id.
(Sept. 7, 2011). For FY 2016, DHS reduced the cap by
numerical limitation (also known as the The CNRA mandated an annual
CW–1 cap) and ensures that CNMI 1,000 to a limit of 12,999. See
reduction in the number of permits Commonwealth of the Northern
employers and employees have issued per year and the total elimination
sufficient information regarding the Mariana Islands Transitional Worker
of the CW nonimmigrant classification Classification (CNMI)-Only Transitional
maximum number of CW–1 transitional by the end of the transition period. See
workers who may be granted status Worker Numerical Limitation for Fiscal
48 U.S.C. 1806(d)(2). At the outset of the Year 2016, 80 FR 63911 (Oct. 22, 2015).
during the remainder of the transition transitional worker program, DHS set
period, which includes Fiscal Years The CW–1 cap was met for the first time
the CW–1 numerical limitation (also in FY 2016.1 As a result, DHS preserved
(FYs) 2018–2019 and the first 3 months known as the CW–1 cap) for FY 2011 at
of FY 2020. For FY 2018, the cap is set the status quo and reduced the cap for
22,417 and for FY 2012 at 22,416. DHS FY 2017 by only one to 12,998. See
at 9,998. For FY 2019, the cap is set at announced these annual caps in DHS
4,999. For FY 2020, the cap is set at Commonwealth of the Northern
regulations at 8 CFR 214.2(w)(1)(viii)(A) Mariana Islands Transitional Worker
2,499 and will be in effect until the end and (B). DHS subsequently published
of the transition period on December 31, Classification (CNMI)-Only Transitional
annual caps by Federal Register notice. Worker Numerical Limitation for Fiscal
2019. See 8 CFR 214.2(w)(1)(viii)(C).
DATES: Effective November 22, 2017. Year 2017, 81 FR 60581 (Sept. 2, 2016).
The CNRA directed the U.S. Secretary
ethrower on DSK3G9T082PROD with RULES

In the Federal Register notice
FOR FURTHER INFORMATION CONTACT: of Labor to determine whether an
announcing the CW–1 cap for FY 2017,
Paola Rodriguez Hale, Adjudications extension of the CW program for an
DHS explained that the nominal
Officer (Policy), Office of Policy and additional period of up to 5 years
Strategy, U.S. Citizenship and beyond the expiration of the initial 1 See ‘‘USCIS Reaches CW–1 Cap for Fiscal Year
Immigration Services, Department of transition period on December 31, 2014, 2016,’’ available at https://www.uscis.gov/news/
Homeland Security, 20 Massachusetts was necessary to ensure that an alerts/uscis-reaches-cw-1-cap-fiscal-year-2016.

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Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations 55495

start date that falls within FY 2018 Legal Division, Board of Governors of operating environments (that is, when
(October 1, 2017–September 30, 2018) the Federal Reserve System, 20th Street five or more members are in office).
will be counted against the new cap of and Constitution Avenue NW., Since this revision may make it more
9,998. Counting each CW–1 Washington, DC 20551. For the hearing difficult to convene a quorum of the
nonimmigrant worker in this manner impaired only, Telecommunication Board under exigent circumstances, the
will help ensure that USCIS does not Device for Deaf (TDD) users may contact Board also has added a modified
approve requests that would exceed the (202) 263–4869. definition of quorum providing that, in
cap of 9,998 CW–1 nonimmigrant an emergency situation, a quorum of the
SUPPLEMENTARY INFORMATION: The Board
workers granted such status in FY 2018. Board consists of a majority of the Board
consists of up to seven members
This document does not affect the members in office.6 An emergency
appointed by the President, by and with
current immigration status of foreign situation is defined as a situation when
the advice and consent of the Senate, as
workers who have CW–1 nonimmigrant action on a matter is necessary to
provided in the Federal Reserve Act
status. Such foreign workers, however, prevent, correct, or mitigate serious
(Act).1 The Act does not define a
will be affected by this document when harm to the economy or the stability of
quorum of the Board, and authorizes the
their CNMI employers file: the financial system, and action is
Board to make all rules and regulations
• For an extension of their CW–1 required before the full Board can
necessary to enable the Board effectively
nonimmigrant classification; or convene. As part of this final rule, the
to perform its duties and functions.2 For
• A change of status from another Board is adding a provision to its
many years, the Board defined a quorum
nonimmigrant status to that of CW–1 regulations specifying that the Chair (or
to be a majority (four members) of its
nonimmigrant status. the Vice Chair, if the Chair is
authorized strength of seven members.
This document does not affect the unavailable) would be authorized to
In 2003, the Board revised its definition
status of any individual currently determine when an emergency situation
of quorum of the Board to be a majority
holding CW–2 nonimmigrant status as exists.
of the Board members currently in
the spouse or minor child of a CW–1 The revised rule relates solely to the
office, unless there are five members in
nonimmigrant worker. This document internal procedure of the Board, and,
office, in which case a quorum would be
also does not directly affect the ability accordingly, the public notice, public
four members.3 This modification
of any individual to extend or otherwise comment and delayed effective date
allowed the Board to function with
obtain CW–2 status, as the cap applies provisions of the Administrative
fewer than four members in office and
to CW–1 principals only. This Procedure Act do not apply. See 5
enhanced the Board’s ability to function
document, however, may indirectly U.S.C. 553(b) and (d). Because public
during emergencies.
affect individuals seeking CW–2 status notice and comment is not required, the
since their status depends on the CW– Over the past decade, the Board has Regulatory Flexibility Act (5 U.S.C. 601
1 principal’s ability to obtain or retain had to operate with fewer than five et seq.) also does not apply to this
CW–1 status. members on several occasions.4 Based action.
on this experience, the Board has
Elaine C. Duke, determined that substantial vacancies List of Subjects in 12 CFR Part 265
Acting Secretary of Homeland Security. present administrative and logistical Authority delegations (Government
[FR Doc. 2017–25306 Filed 11–21–17; 8:45 am] challenges that make it difficult to agencies), Banks, banking.
BILLING CODE 9111–97–P conduct routine business and efficiently
manage operations, particularly with the Authority and Issuance
Board’s traditional reliance on a 3- For the reasons set forth in the
FEDERAL RESERVE SYSTEM member committee structure. In light of preamble, the Board amends 12 CFR
these considerations, the Board has part 265 as follows:
12 CFR Part 265 reconsidered its quorum practice and
decided to amend its definition of a PART 265—RULES REGARDING
[Docket No. R–1578]
quorum 5 to provide that a quorum of DELEGATION OF AUTHORITY
RIN 7100 AE–85 the Board is four members, unless there
are three or fewer members in office, in ■ 1. The authority citation of part 265
Rules Regarding Delegation of which case a quorum would be all continues to read as follows:
Authority members in office. This revised Authority: 12 U.S.C. 248(i) and (k).
AGENCY: Board of Governors of the definition will facilitate the Board’s ■ 2. Section 265.4(c) is added to read as
Federal Reserve System (Board). ability to continue to function follows:
ACTION: Final rule.
efficiently during periods of substantial
vacancies on the Board. This revision § 265.4 Functions delegated to Board
members.
SUMMARY: The Board is amending its does not alter the number of Board
Rules Regarding Delegation of members required to constitute a * * * * *
Authority, in connection with the quorum or the functioning of the (c) Exigent circumstances. The
amendment to the Board’s Rules of Board’s committee structure in normal Chairman is authorized to determine
Organization (published elsewhere in when an emergency situation exists for
this issue of the Federal Register), to 1 See 12 U.S.C. 241. purposes of section 2(b)(2) of the
provide a modified quorum procedure 2 See 12 U.S.C. 248(i). Board’s Rules of Organization. If the
during exigent circumstances. 3 66 FR 37686 (Jul 19, 2001), as amended at 68 Chairman is unavailable or unable to
ethrower on DSK3G9T082PROD with RULES

FR 24743 (May 8, 2003). determine that an emergency situation
DATES: The rule is effective November 4 Since the current structure of the Board was
exists, then the Vice Chairman is
22, 2017. established in 1936, the Board has had fewer than
authorized to determine when an
FOR FURTHER INFORMATION CONTACT: five members on only a few occasions for a short
period of time and the Board has never had fewer emergency situation exists.
Laurie Schaffer, Associate General than four members.
Counsel, (202) 452–2272, or Daniel 5 In a document published elsewhere in this issue 6 In a document published elsewhere in this issue

Hickman, Counsel, (202) 973–7432, of the Federal Register. of the Federal Register.

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Document Created: 2017-11-22 00:48:42
Document Modified: 2017-11-22 00:48:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notification of numerical limitations.
Dates		Effective November 22, 2017.
Contact		Paola Rodriguez Hale, Adjudications Officer (Policy), Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060. Contact telephone 202-272-8377.
FR Citation		82 FR 55493
RIN Number		1615-ZB43