83 FR 31447 - Elimination of Nonimmigrant Visa Exemption for Certain Caribbean Residents Coming to the United States as H-2A Agricultural Workers
DEPARTMENT OF HOMELAND SECURITY Federal Register Volume 83, Issue 130 (July 6, 2018)
Federal Register Volume 83, Issue 130 (July 6, 2018)
| Page Range | 31447-31450 | |
| FR Document | 2018-14534 |
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)] [Rules and Regulations] [Pages 31447-31450] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14534] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 212 [Docket No: USCBP-2016-0003]; [CBP Decision No. 18-06] RIN 1651-AB09 Elimination of Nonimmigrant Visa Exemption for Certain Caribbean Residents Coming to the United States as H-2A Agricultural Workers AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This finalizes interim amendments to the Department of Homeland Security's (DHS) regulations, published in the Federal Register on February 8, 2016, that eliminated the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United States as H-2A agricultural workers and the spouses or children who accompany or follow these workers to the United States. As a result of the interim final rule, these nonimmigrants are required to have both a valid passport and visa. The Department of State (DOS) revised its regulations in a parallel interim final rule and is issuing a parallel final rule to adopt all interim changes as final. DATES: This rule is effective on August 6, 2018. FOR FURTHER INFORMATION CONTACT: Stephanie E. Watson, U.S. Customs and Border Protection, Office of Field Operations, (202) 325-4548, or via email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On February 8, 2016, DHS published an interim final rule (IFR) in the Federal Register (81 FR 6430) requiring a British, French, or Netherlands national, or a national of Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has his or her residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or in Barbados, Grenada, Jamaica, or Trinidad and Tobago, to obtain a valid, unexpired visa if the alien is proceeding to the United States as an H-2A agricultural worker. The IFR also [[Page 31448]] eliminated the visa exemption for spouses and children accompanying or following to join such workers. Additionally, the IFR eliminated a visa exemption for workers in the U.S. Virgin Islands, as well for their spouses and children accompanying or following to join such workers, pursuant to an unexpired indefinite certification granted by the Department of Labor (DOL). DOS published a parallel rule in the Federal Register on the same day. See 81 FR 5906; see also 81 FR 7454 (correction).\1\ --------------------------------------------------------------------------- \1\ There was one substantive difference between the DOS and DHS IFRs. The DOS IFR removed Antigua from its list of exempt countries in its title 22 regulations. The DHS title 8 regulations did not include Antigua in its list of exempt countries. As such, the DHS IFR did not reference Antigua. --------------------------------------------------------------------------- The H-2A nonimmigrant classification applies to an alien seeking to enter the United States to perform agricultural labor or services of a temporary or seasonal nature in the United States. Prior to the DHS and DOS interim final rules, H-2A agricultural workers were generally required to possess and present both a passport and a valid unexpired H-2A visa when entering the United States. Certain residents of the Caribbean, however, were exempted by regulation from having to possess and present a valid unexpired H-2A visa to be admitted to the United States as a temporary agricultural worker. Specifically, a visa was not required for H-2A agricultural workers who are British, French, or Netherlands nationals, or nationals of Barbados, Grenada, Jamaica, or Trinidad and Tobago, who have their residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or in Barbados, Grenada, Jamaica, or Trinidad and Tobago. Additionally, a visa was not required for the spouse or child accompanying or following such an H-2A agricultural worker to the United States. DHS, in conjunction with DOS, determined that the nonimmigrant visa exemption for these classes of Caribbean residents, when coming to the United States as H-2A agricultural workers or as the spouses or children accompanying or following these workers, was outdated and incongruent with the visa requirement for other H-2A agricultural workers from other countries. Both departments determined that eliminating the visa exemption furthered the national security interests of the United States and ensured that these applicants for admission, like other H-2A agricultural workers, would be appropriately screened via DOS's visa issuance process prior to arrival in the United States. By requiring a visa, DOS can ensure that these persons possess positive evidence of the intended purpose of their stay in the United States upon arrival at a U.S. port of entry. Removing the visa exemption also lessens the possibility that persons who pose security risks to the United States, as well as other potential immigration violators, may improperly gain admission to the United States. II. Discussion of Comments A. Overview Although the interim regulatory amendments were promulgated without prior public notice and comment procedures pursuant to the good cause and foreign affairs exceptions in section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B) and 5 U.S.C. 553(a)(1), respectively), the IFR provided for the submission of public comments that would be considered before adopting the interim amendments as final. The prescribed 30-day public comment period closed on April 8, 2016. During this time, DHS received three comments. Two of the comments were supportive of the rule and one was critical of it. B. Discussion For ease of discussion, DHS has divided the one critical comment received on the IFR into two subparts that raise related, but separate, issues. Comment: The commenter stated that, by eliminating this exemption, DHS is upending a long-standing opportunity for individuals from these specific locations to easily come to the United States and earn substantially more money than they could at home. According to the commenter, implementation of this rule, which creates new costs and inconveniences for individuals from these areas, could dramatically decrease or essentially prevent these workers from coming to the United States. The commenter states that, in the case of a Jamaican worker, the cost of securing a visa will be more than the average Jamaican worker could likely afford. Response: While the visa exemption for agricultural workers from the specified Caribbean countries dates back more than 70 years, it was created primarily to address U.S. labor shortages during World War II by expeditiously providing a source of agricultural workers from the British Caribbean to meet the needs of agricultural employers in the southeastern United States. This basis for the exemption no longer exists and continuing to provide an exemption for these individuals would be incongruent with the visa requirements for H-2A workers from other countries. While removing this exemption may make the process more difficult for individuals from these specified areas, it creates an equitable standard for everyone who would like to enter the United States as an H-2A agricultural worker or as the spouse or child accompanying or following such an individual. It also better ensures that individuals from the specified Caribbean areas seeking admission as H-2A nonimmigrants, and their spouses and children, are in fact eligible for admission under the desired classification and permits greater screening for potential fraudulent employment. Furthermore, by eliminating this exemption, the United States Government is better situated to ensure that workers are protected from illegal employment and recruitment-based abuses, including the imposition of fees prohibited under 8 CFR 214.2(h)(5)(xi). Comment: According to the same commenter, in eliminating this exemption, DHS and DOS are making the United States less secure by creating an incentive for individuals to seek to enter the United States illegally. The commenter states that the employers who would have hired the aliens affected by the IFR will now look to fill their positions by hiring other workers, potentially even illegal migrants, who may be willing to work for minimum wage or less. The commenter states that the new demand for inexpensive labor may encourage aliens to attempt to migrate to the United States illegally. Response: The exemption itself posed a security risk to the United States. Prior to the amendments in the IFR, H-2A agricultural workers from these specified Caribbean areas did not undergo the same visa issuance process as H-2A applicants from other countries. These individuals did not have to undergo a face-to-face consular interview and the associated fingerprint and security checks prior to seeking admission at a U.S. port of entry. As of February 19, 2016, the effective date of the IFR, these individuals have been subject to the same procedures as other H-2A applicants, providing consistency with the applicable procedures required for applicants from other countries, which include a more thorough screening afforded by the visa application process. DHS does not believe that requiring these individuals to obtain a visa will encourage illegal migration. Rather, removing this exemption lessens the possibility that persons who pose security risks to the United States, as well as other potential immigration [[Page 31449]] violators, may improperly gain admission to the United States. As mentioned above, although the removal of this exemption may make the process more difficult for individuals from these specified areas, it creates an equitable standard for H-2A applicants and furthers the national security interests of the United States. Comment: The two supportive comments stated that the amendments in the IFR improve national security, facilitate the legitimate movement of people into the United States, and promote equality among all individuals seeking to come to the United States as temporary agricultural workers. One commenter also noted that the amendments provide protection for H-2A workers by ensuring that they learn more about their rights and responsibilities when being interviewed for a visa. Response: CBP agrees with these comments and concurs that the amendments to the regulations support the benefits described. C. Conclusion After careful consideration of the comments received, for the reasons stated above, as well as the reasons outlined in the interim final rule, CBP is adopting the interim regulations, published on February 8, 2016, as final without change. III. Statutory and Regulatory Requirements A. Executive Orders 13563, 12866, and 13771 Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs'') directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' OIRA has designated this rule not significant under Executive Order 12866. Nonetheless, DHS has considered the potential costs and benefits of this rule, as presented below, to inform the public of the costs and benefits of this rule. This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. See Section 4 of Executive Order 13771 and OMB's Memorandum titled ``Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs''' (April 5, 2017).\2\ Additionally, in this memorandum, OMB indicated that when a final rule neither increases nor decreases the cost of the interim final rule, the regulatory action does not need to be offset under this executive order. This final rule does not increase or decrease the cost of the interim final rule. For this reason, as well, this rule is not subject to the offset requirements of Executive Order 13771. --------------------------------------------------------------------------- \2\ This memorandum is available at: https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf. --------------------------------------------------------------------------- Prior to publishing the IFR in February 2016, a British, French, and Netherlands national and a national of Barbados, Grenada, Jamaica, and Trinidad and Tobago, who have his or her residence in a British, French, or Netherlands territory located in the adjacent islands of the Caribbean area or in Barbados, Grenada, Jamaica, or Trinidad and Tobago, were not required to obtain a visa before traveling to the United States as H-2A agricultural workers. The IFR required these prospective H-2A agricultural workers to obtain a visa prior to travel to the United States. Any spouses or children of these workers also now have to obtain a visa before being brought to the United States. Since 99 percent of such workers \3\ came from Jamaica, our analysis will focus on that country. The IFR also eliminated the visa exemption for workers in the U.S. Virgin Islands pursuant to an unexpired indefinite certification granted by DOL. Because these certifications have been obsolete for many years,\4\ eliminating them has no effect on the economy; hence, we will ignore this provision for the remainder of the analysis. --------------------------------------------------------------------------- \3\ Source: Communication with the Office of Field Operations (OFO) on October 11, 2016. \4\ See section 3 of the Virgin Islands Nonimmigrant Alien Adjustment Act of 1982, Public Law 97-271, 96 Stat. 1157, as amended (8 U.S.C. 1255 note). --------------------------------------------------------------------------- Data on the number of visa applications Jamaican travelers need to obtain as a result of this rule is not available. A U.S Citizenship and Immigration Services (USCIS) database tracks the number of petitions for H-2A workers from Jamaica, but does not include the spouses or children who now also need visas to travel to the United States. A CBP database tracks the number of Jamaican nationals arriving under the H- 2A program, but counts multiple arrivals by a single person as separate arrivals. For the purposes of this analysis, we use the number of petitions as our primary estimate of the number of visas that are needed under this rule. We use the number of total travelers from Jamaica under the H-2A program to illustrate the upper bound of costs that could result from this rule. Employers petitioned on behalf of an annual average of 190 workers from Jamaica under this program from FY 2011-2015 \5\ and an annual average of 4,215 Jamaicans arrived during that time period,\6\ which includes arrivals by H-2A agricultural workers as well as their spouses and children. This number also includes multiple arrivals in the same year by the same individuals. Because the number of unique individuals arriving from Jamaica under the H-2A program is not available, we calculate costs based on a range of 190 (our primary estimate) to 4,215 prospective visa applicants. The current nonimmigrant visa application processing fee, also called the Machine-Readable Visa (MRV) fee, is $190. We assume this fee will be paid by the employer for the workers and by the employees for their spouses and children. We estimate that the imposition of the fee costs workers or employers between $36,100 (our primary estimate) and $800,850 per year. --------------------------------------------------------------------------- \5\ Source: Communication with USCIS on October 17, 2016. \6\ Source: CBP's BorderStat Database (internal database), accessed October 5, 2016. --------------------------------------------------------------------------- Under this rule, workers are required to apply for a visa using Form DS-160 and undergo an interview at a U.S. embassy or consulate prior to traveling to the United States. According to the Paperwork Reduction Act estimate for Form DS-160,\7\ the Department of State estimates that the visa application takes 1.25 hours to complete. The interview itself typically lasts approximately 5-10 minutes; however, when accounting for potential wait time, the interview process may take up to 2 hours. Since the only U.S. embassy in Jamaica is in Kingston, visa applicants may have to travel up to 3.5 hours each way to appear for an interview, depending on their location. We therefore assume that filling out the D-160, traveling to and from the embassy for the visa interview, and the visa interview itself will require [[Page 31450]] a total of 10.25 hours of the applicant's time. To the extent the actual time burden to travel to and from the interview is less than we estimated, costs would be lower. Using the average Jamaican wage rate of $3.62/hour \8\ and a range of 190 to 4,215 workers per year, we estimate the cost of the time to Jamaican workers as a result of this rule to be between $7,050 (our primary estimate) and $156,398 per year. Combining this with the cost of the visa application fee, we estimate that the total annual cost of this rule is between $43,150 and $957,248. --------------------------------------------------------------------------- \7\ The supporting statement for Form DS-160 is available here: https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201707-1405-001. \8\ Derived from International Labor Organization's ILOSTAT internet Database. Available at http://www.ilo.org/ilostat. Accessed October 12, 2016. Our weekly wage estimate (18,832 Jamaican Dollars per week) is from the ``Mean nominal monthly earnings of employees by type of scenario'' report for all sectors in 2013 which is the last data year available. Our weekly hours worked estimate (40.7 hours per week) is from the ``Hours of work, by economic activity'' report for all sectors in 2008 which is the last year available for this data point. We converted the wage rate to U.S. dollars using the currency converter available at http://www.xe.com/currencyconverter/ on October 12, 2016. 18,832 Jamaican Dollars divided by 40.7 hours per week, multiplied by 0.0078155 U.S. dollars per Jamaican dollar = $3.62 U.S. dollars per hour. --------------------------------------------------------------------------- We are unable to quantify the benefits of this rule; therefore we discuss the benefits qualitatively. Requiring these prospective H-2A agricultural workers to obtain visas ensures that they are properly screened prior to arrival in the United States. This lessens the possibility that a person who poses a security risk to the United States and other potential immigration violators may improperly gain admission to the United States. DHS has determined that visitors from the countries affected by this rule are not a lower security risk than those coming from other countries; therefore, CBP believes that they should be subject to the same screening. Also, prescreening and appearing before consular officers provide greater opportunities to ensure compliance with DHS and DOL H-2A rules, including those regulatory provisions prohibiting the payment of fees by workers in connection with or as a condition of employment or recruitment. B. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires an agency to prepare a regulatory flexibility analysis that describes the effect of a proposed rule on small entities when the agency is required to publish a general notice of proposed rulemaking. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). Since a general notice of proposed rulemaking was not necessary, a regulatory flexibility analysis is not required. C. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995. D. Executive Order 13132 The rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Amendments to the Regulations For the reasons set forth above, the interim final rule amending 8 CFR part 212, which was published at 81 FR 6430 on February 8, 2016, is adopted as final without change. Dated: June 14, 2018. Kristjen Nielsen, Secretary. [FR Doc. 2018-14534 Filed 7-5-18; 8:45 am] BILLING CODE P
![Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations 31447
Register on January 2, 2018 (83 FR 77). Subpart B—Administrative Dated: July 2, 2018.
Copies of the proposed rule were sent Requirements Bruce Summers,
via email to Board members and tart Administrator, Agricultural Marketing
cherry handlers. The proposed rule was ■ 4. In § 930.162: Service.
made available through the internet by ■ a. Revise the sentences at the end of [FR Doc. 2018–14516 Filed 7–5–18; 8:45 am]
USDA and the Office of the Federal paragraphs (b)(1) and (b)(2); BILLING CODE 3410–02–P
Register. A 30-day comment period ■ b. Redesignate paragraphs (c)(3),(4),
ending February 1, 2018, was provided and (5) as paragraphs (c)(4),(5), and (6);
to allow interested persons to respond ■ c. Add new paragraph (c)(3); and DEPARTMENT OF HOMELAND
to the proposal. ■ d. Add paragraph (h). SECURITY
Two comments were received. Both The revisions and additions read as
commenters urged adoption of the follows: 8 CFR Part 212
changes, noting the Board had worked [Docket No: USCBP–2016–0003]; [CBP
§ 930.162 Exemptions.
hard on this proposal and had listened Decision No. 18–06]
to the industry as part of the process. * * * * *
(b) * * * RIN 1651–AB09
Accordingly, no changes will be made
to the rule as proposed, based on the (1) * * * In addition, the maximum Elimination of Nonimmigrant Visa
comments received. duration of any credit activity is five Exemption for Certain Caribbean
A small business guide on complying years from the date of the first shipment. Residents Coming to the United States
with fruit, vegetable, and specialty crop (2) * * * In addition, shipments of as H–2A Agricultural Workers
marketing agreements and orders may tart cherries or tart cherry products in
new market development and market AGENCY: U.S. Customs and Border
be viewed at: http://www.ams.usda.gov/
expansion outlets are eligible for Protection, Department of Homeland
rules-regulations/moa/small-businesses.
handler diversion credit for a period of Security.
Any questions about the compliance
guide should be sent to Richard Lower five years from the handler’s date of the ACTION: Final rule.
at the previously mentioned address in first shipment into such outlets.
SUMMARY: This finalizes interim
the FOR FURTHER INFORMATION CONTACT * * * * * amendments to the Department of
section. (c) * * * Homeland Security’s (DHS) regulations,
After consideration of all relevant (3) When applying to the Board for an published in the Federal Register on
matter presented, including the exemption for the use of domestic tart February 8, 2016, that eliminated the
information and recommendation of the cherry products in markets not currently nonimmigrant visa exemption for
Board and other available information, served by the domestic industry, certain Caribbean residents seeking to
it is hereby found that this rule, as handlers may provide a verifiable come to the United States as H–2A
hereinafter set forth, will tend to statement from the buyer of its intent to agricultural workers and the spouses or
effectuate the declared policy of the Act. use domestic tart cherry products to the children who accompany or follow
Board staff for review in lieu of review these workers to the United States. As
List of Subjects in 7 CFR Part 930 by the subcommittee as detailed in a result of the interim final rule, these
paragraph (d) of this section. A nonimmigrants are required to have
Marketing agreements, Reporting and verifiable statement is defined as a
recordkeeping requirements, Tart both a valid passport and visa. The
written statement from the buyer that it Department of State (DOS) revised its
cherries. will use domestic tart cherries in regulations in a parallel interim final
For the reasons set forth in the products or markets not currently rule and is issuing a parallel final rule
preamble, 7 CFR part 930 is amended as supplied by domestic sources, which to adopt all interim changes as final.
follows: will be reviewed and documented by DATES: This rule is effective on August
Board staff. 6, 2018.
PART 930—TART CHERRIES GROWN * * * * * FOR FURTHER INFORMATION CONTACT:
IN THE STATES OF MICHIGAN, NEW (h) Extensions and transfers. (1) If no Stephanie E. Watson, U.S. Customs and
YORK, PENNSYLVANIA, OREGON, shipments are made within the first year Border Protection, Office of Field
UTAH, WASHINGTON, AND of any approved exemption project from Operations, (202) 325–4548, or via email
WISCONSIN the date of approval, new applications at Stephanie.E.Watson@cbp.dhs.gov.
for a similar project (same market or SUPPLEMENTARY INFORMATION:
■ 1. The authority citation for part 930 product) are eligible for approval;
continues to read as follows: provided that, handlers with an I. Background
Authority: 7 U.S.C. 601–674. approved exemption project have the On February 8, 2016, DHS published
opportunity to apply to the an interim final rule (IFR) in the Federal
[Subpart Redesignated as Subpart A] subcommittee for a six-month extension Register (81 FR 6430) requiring a
of this time period. British, French, or Netherlands national,
■ 2. Redesignate ‘‘Subpart—Order (2) For projects granted extensions, if or a national of Barbados, Grenada,
Regulating Handling’’ as ‘‘Subpart A— no shipment is made prior to the end of Jamaica, or Trinidad and Tobago, who
Order Regulating Handling’’. the extension period, new applications has his or her residence in British,
sradovich on DSK3GMQ082PROD with RULES
[Subpart Redesignated as Subpart B for the same market or project are French, or Netherlands territory located
and Amended] eligible for approval. in the adjacent islands of the Caribbean
[Subpart Redesignated as Subpart C] area, or in Barbados, Grenada, Jamaica,
■ 3. Redesignate ‘‘Subpart— or Trinidad and Tobago, to obtain a
Administrative Rules and Regulations’’ ■ 5. Redesignate ‘‘Subpart—Assessment valid, unexpired visa if the alien is
as subpart B and revise the heading to Rates’’ as ‘‘Subpart C—Assessment proceeding to the United States as an H–
read as follows: Rate’’. 2A agricultural worker. The IFR also
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![31450 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations
a total of 10.25 hours of the applicant’s and operated business not dominant in DEPARTMENT OF TRANSPORTATION
time. To the extent the actual time its field that qualifies as a small
burden to travel to and from the business per the Small Business Act); a Federal Aviation Administration
interview is less than we estimated, small not-for-profit organization; or a
costs would be lower. Using the average small governmental jurisdiction 14 CFR Parts 1, 21, 25, 26, 27, 34, 43,
Jamaican wage rate of $3.62/hour 8 and (locality with fewer than 50,000 people). 45, 60, 61, 63, 65, 91, 97, 107, 110, 119,
a range of 190 to 4,215 workers per year, Since a general notice of proposed 121, 125, 129, 133, 135, 137, 141, 142,
we estimate the cost of the time to rulemaking was not necessary, a 145, and 183
Jamaican workers as a result of this rule regulatory flexibility analysis is not [Docket No.: FAA–2018–0119; Amdt Nos. 1–
to be between $7,050 (our primary
required. 72, 21–101, 25–145, 26–7, 27–49, 34–6, 43–
estimate) and $156,398 per year. 50, 45–31, 60–5, 61–141, 63–40, 65–57A, 91–
Combining this with the cost of the visa C. Unfunded Mandates Reform Act of 350, 97–1338, 107–2, 110–2, 119–19, 121–
application fee, we estimate that the 1995 380, 125–68, 129–53, 133–16, 135–139, 137–
total annual cost of this rule is between 17, 141–19, 142–10, 145–32, 183–17]
$43,150 and $957,248. This rule will not result in the
expenditure by State, local, and tribal RIN 2120–AL05
We are unable to quantify the benefits
of this rule; therefore we discuss the governments, in the aggregate, or by the Aviation Safety Organization Changes;
benefits qualitatively. Requiring these private sector, of $100 million or more Correction
prospective H–2A agricultural workers in any one year, and it will not
to obtain visas ensures that they are significantly or uniquely affect small AGENCY: Federal Aviation
properly screened prior to arrival in the governments. Therefore, no actions are Administration (FAA), DOT.
United States. This lessens the necessary under the provisions of the ACTION: Final rule; correction.
possibility that a person who poses a Unfunded Mandates Reform Act of
security risk to the United States and 1995. SUMMARY: The FAA is correcting a final
other potential immigration violators rule published on March 5, 2018. In that
may improperly gain admission to the D. Executive Order 13132 rule, the FAA replaced specific
United States. DHS has determined that references to offices within the Aircraft
visitors from the countries affected by The rule will not have substantial Certification Service and the Flight
this rule are not a lower security risk direct effects on the States, on the Standards Service with generic
than those coming from other countries; relationship between the National references not dependent on any
therefore, CBP believes that they should Government and the States, or on the particular office structure. The FAA
be subject to the same screening. Also, distribution of power and incorrectly assigned amendment
prescreening and appearing before responsibilities among the various number 65–56 to this rule. The correct
consular officers provide greater levels of government. Therefore, in amendment number is 65–57A and this
opportunities to ensure compliance accordance with section 6 of Executive action fixes this error.
with DHS and DOL H–2A rules, Order 13132, this rule does not have DATES: Effective July 6, 2018.
including those regulatory provisions sufficient federalism implications to FOR FURTHER INFORMATION CONTACT: For
prohibiting the payment of fees by warrant the preparation of a federalism questions concerning AIR offices
workers in connection with or as a summary impact statement. referred to in this action, contact
condition of employment or
Amendments to the Regulations Suzanne Masterson, Transport
recruitment.
Standards Branch (AIR–670), Policy and
B. Regulatory Flexibility Act For the reasons set forth above, the Innovation Division, Aircraft
The Regulatory Flexibility Act (5 interim final rule amending 8 CFR part Certification Service, Federal Aviation
U.S.C. 601 et seq.), as amended by the 212, which was published at 81 FR 6430 Administration, 2200 South 216th St,
Small Business Regulatory Enforcement on February 8, 2016, is adopted as final Des Moines, WA 98189; telephone (206)
and Fairness Act of 1996, requires an without change. 231–3211 or (425) 227–1855; email
agency to prepare a regulatory flexibility suzanne.masterson@faa.gov.
Dated: June 14, 2018.
analysis that describes the effect of a For questions concerning AFS offices
Kristjen Nielsen, referred to in this action, contact Joseph
proposed rule on small entities when
Secretary. Hemler, Commercial Operations Branch
the agency is required to publish a
general notice of proposed rulemaking. [FR Doc. 2018–14534 Filed 7–5–18; 8:45 am] (AFS–820), Flight Standards Service,
A small entity may be a small business BILLING CODE P Federal Aviation Administration, 55 M
(defined as any independently owned Street SE, 8th floor, Washington, DC
20003–3522; telephone (202) 267–1100;
8 Derived from International Labor Organization’s email joseph.k.hemler-jr@faa.gov.
ILOSTAT internet Database. Available at http:// SUPPLEMENTARY INFORMATION:
www.ilo.org/ilostat. Accessed October 12, 2016. Our
weekly wage estimate (18,832 Jamaican Dollars per Background
week) is from the ‘‘Mean nominal monthly earnings
of employees by type of scenario’’ report for all On March 5, 2018, the FAA published
sectors in 2013 which is the last data year available. a final rule entitled, ‘‘Aviation Safety
Our weekly hours worked estimate (40.7 hours per Organization Changes’’ (83 FR 9162). In
sradovich on DSK3GMQ082PROD with RULES
week) is from the ‘‘Hours of work, by economic
activity’’ report for all sectors in 2008 which is the
that final rule, the FAA replaced
last year available for this data point. We converted specific references to Aircraft
the wage rate to U.S. dollars using the currency Certification Service (AIR) and Flight
converter available at http://www.xe.com/ Standards Service (AFS) offices with
currencyconverter/ on October 12, 2016. 18,832
Jamaican Dollars divided by 40.7 hours per week,
generic references not dependent on any
multiplied by 0.0078155 U.S. dollars per Jamaican particular office structure. This rule did
dollar = $3.62 U.S. dollars per hour. not impose any new obligations and the
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Document Created: 2018-07-06 00:46:02
Document Modified: 2018-07-06 00:46:02
| 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 | Final rule. | |
| Dates | This rule is effective on August 6, 2018. | |
| Contact | Stephanie E. Watson, U.S. Customs and Border Protection, Office of Field Operations, (202) 325-4548, or via email at [email protected] | |
| FR Citation | 83 FR 31447 | |
| RIN Number | 1651-AB09 |
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