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Proposed Rule

Modernizing Recruitment Requirements for the Temporary Employment of H-2A Foreign Workers in the United States; Extension of Comment Period

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Information about this document as published in the Federal Register.

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Notice of proposed rulemaking; extension of comment period.


This document extends the period for submitting written comments on the Notice of Proposed Rulemaking (NPRM) entitled Modernizing Recruitment Requirements for the Temporary Employment of H-2A Foreign Workers in the United States. The comment period ends on December 10, 2018. The Department of Labor (Department) is taking this action to provide interested parties additional time to submit comments in response to requests for an extension of the commenting period.


The comment period for the proposed rule published on November 9, 2018, at 83 FR 55985, is extended. Comments should be received on or before December 28, 2018.


You may send comments, identified by Docket No. ETA-2018-0002 or Regulatory Information Number (RIN) 1205-AB90, by any of the following methods:

Federal e-Rulemaking Portal: Follow the website instructions for submitting comments (under “Help” > “How to use”).

Mail and Hand Delivery/Courier: Submit written comments and any additional material to Adele Gagliardi, Administrator, Office of Policy Development and Research, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-5641, Washington, DC 20210.

Instructions: Label all submissions with DOL RIN 1205-AB90. Please submit your comments by only one method. Please be advised that the Department will post all comments received that relate to this notice of proposed rulemaking (NPRM) on without making any change to the comments or redacting any information.

The website is the Federal e-rulemaking portal, and all comments posted there are available and accessible to the public. Therefore, the Department recommends that commenters remove personal information (either about themselves or others) such as Social Security Numbers, personal addresses, telephone numbers, and email addresses included in their comments, as such information may become easily available to the public via the website. It is the responsibility of the commenter to safeguard personal information.

Also, please note that, due to security concerns, postal mail delivery in Washington, DC may be delayed. Therefore, the Department encourages the public to submit comments on Docket: To read or download comments or other material in the electronic docket, go to website (search using RIN 1205-AB90 or Docket No. ETA-2018-0002). The Department also will make all the comments it receives available for public inspection by appointment during normal business hours at the above address. If you need assistance to review the comments, the Department will provide appropriate aids, such as readers or print magnifiers. The Department will make copies of this proposed rule available, upon request, in large print and electronic file on computer disk. To schedule an appointment to review the comments and/or obtain the proposed rule in an alternative format, contact the Office of Policy Development and Research at Start Printed Page 63457(202) 693-3700 (this is not a toll-free number). You may also contact Adele Gagliardi, Administrator, Office of Policy Development and Research, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-5641, Washington, DC 20210.

Comments under the Paperwork Reduction Act (PRA): In addition to filing comments with ETA, persons wishing to comment on the information collection (IC) aspects of this rule may send comments to: Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503, Fax: (202) 395-6881 (this is not a toll-free number), email: See Paperwork Reduction Act section of this proposal for particular areas of interest.

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Thomas M. Dowd, Deputy Assistant Secretary, Employment and Training Administration, Department of Labor, Box #12-200, 200 Constitution Ave. NW, Washington, DC 20210, telephone (202) 513-7350 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone numbers above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD).

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On November 9, 2018, the Department published an NPRM in the Federal Register at 83 FR 55985, proposing regulatory revisions that would modernize the recruitment an employer seeking H-2A nonimmigrant agricultural workers must conduct when applying for a temporary labor certification. In particular, the Department is proposing to replace the print newspaper advertisements that its regulations currently require with electronic advertisements posted on the internet, which the Department believes will be a more effective and efficient means of disseminating information about job openings to U.S. workers.

The NPRM requested public comments on the NPRM on or before December 10, 2018. The Department has received a request to extend the comment period to allow the public to provide input on the proposed changes. In light of the request, the Department has extended the period for submitting public comment to December 28, 2018.

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Molly E. Conway,

Acting Assistant Secretary for Employment and Training Administration, Department of Labor.

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[FR Doc. 2018-26766 Filed 12-6-18; 4:15 pm]