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DOL/ESA

RIN: 1215-AA90

Publication ID: Spring 1996

Title: Attestations by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports
Abstract: Under the 1990 Amendments to the Immigration and Nationality Act (INA), DOL is responsible for implementing Section 258 of INA, which establishes certain requirements for, and places certain limitations on, foreign crewmembers performing longshore work in U.S. ports. These regulations govern the filing and enforcement of attestations by employers seeking to use foreign crewmembers, which are filed with DOL in order to be allowed by the Immigration and Naturalization Service to use these crewmembers to perform specified longshore activities. ETA administers the attestation process, while complaints and investigations regarding the attestations are handled by ESA. In two separate enactments (PL 103-198 (107 Stat. 2304) and PL 103-206 (107 Stat. 2419)), Congress recently enacted exceptions to the limitations on performance of longshore work by foreign crewmembers in the State of Alaska. The Department intends to promulgate rules as necessary to implement the statutory exception.
Agency: Department of Labor(DOL)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
CFR Citation: 29 CFR 506
Legal Authority: 8 USC 1288(c) PL 103-198, Sec 8 PL 103-206, Sec 323

Timetable:

Action	Date	FR Cite
Interim Final Rule	01/19/1995	60 FR 3950
Final Action	04/00/1996

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Included in the Regulatory Plan: No
Agency Contact: Maria Echaveste Administrator, Wage and Hour Division Department of Labor Employment Standards Administration Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 219-8305