Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment, 69541-69543 [2013-27693]
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Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations
levels of Government as described by
E.O. 13132. Therefore, the Department
has determined that this rule will not
have a sufficient federalism implication
to warrant the preparation of a summary
impact statement.
F. Executive Order 13175
This rule was reviewed under the
terms of E.O. 13175 and determined not
to have Tribal implications. The rule
does not have substantial direct effects
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes. As a
result, no Tribal summary impact
statement has been prepared.
G. Assessment of Federal Regulations
and Policies on Families
Section 654 of the Treasury and
General Government Appropriations
Act, enacted as part of the Omnibus
Consolidated and Emergency
Supplemental Appropriations Act of
1999 (Pub. L. 105–277, 112 Stat. 2681)
requires the Department to assess the
impact of this rule on family well-being.
A rule that is determined to have a
negative effect on families must be
supported with an adequate rationale.
The Department has assessed this rule
and determines that it will not have a
negative effect on families.
H. Executive Order 12630
This rule is not subject to E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, because it does not involve
implementation of a policy with takings
implications.
I. Executive Order 12988
This regulation has been drafted and
reviewed in accordance with E.O.
12988, Civil Justice Reform, and will not
unduly burden the Federal court
system. The regulation has been written
to minimize litigation and provide a
clear legal standard for affected conduct,
and has been reviewed carefully to
eliminate drafting errors and
ambiguities.
pmangrum on DSK3VPTVN1PROD with RULES
Employment and Training
Administration
List of Subjects in 20 CFR Part 655
RIN 1205–AB65
Administrative practice and
procedure, Foreign workers,
Employment, Employment and training,
Enforcement, Forest and forest products,
Fraud, Health professions, Immigration,
Labor, Longshore and harbor work,
Migrant workers, Nonimmigrant
workers, Passports and visas, Penalties,
Reporting and recordkeeping
requirements, Unemployment, Wages,
Working conditions.
Accordingly, for the reasons stated
herein, the Department hereby amends
20 CFR part 655 as follows:
PART 655—TEMPORARY
EMPLOYMENT OF FOREIGN
WORKERS IN THE UNITED STATES
1. The authority citation for part 655
and the authority citation for subparts D
and E continue to read as follows:
■
Authority: Section 655.0 issued under 8
U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i)
and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n) and
(t), 1184(c), (g), and (j), 1188, and 1288(c) and
(d); 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. 303(a)(8), Pub. L. 102–
232, 105 Stat. 1733, 1748 (8 U.S.C. 1101
note); sec. 323(c), Pub. L. 103–206, 107 Stat.
2428; sec. 412(e), Pub. L. 105–277, 112 Stat.
2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L.
106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182
note); 29 U.S.C. 49k; Pub. L. 109–423, 120
Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8 CFR
214.2(h)(6)(iii).
*
*
*
*
*
Subparts D and E issued under 8 U.S.C.
1101(a)(15)(H)(i)(a), 1182(m), and 1184; 29
U.S.C. 49 et seq.; and sec. 3(c)(1), Pub. L.
101–238, 103 Stat. 2099, 2103 (8 U.S.C. 1182
note).
Subpart D—[Removed and Reserved]
2. Remove and reserve subpart D,
consisting of §§ 655.300 through
655.350.
■
Subpart E—[Removed and Reserved]
3. Remove and reserve subpart E,
consisting of §§ 655.400 through
655.460.
The Department drafted this rule in
plain language.
K. Executive Order 13211
This rule is not subject to E.O. 13211.
It will not have a significant adverse
effect on the supply, distribution, or use
of energy.
13:56 Nov 19, 2013
DEPARTMENT OF LABOR
This rule contains no new
information collection requirements for
purposes of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
■
J. Plain Language
VerDate Mar<15>2010
L. Paperwork Reduction Act
Jkt 232001
69541
Signed at Washington, DC, this 18th day of
October 2013.
Eric M. Seleznow,
Acting Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2013–27683 Filed 11–19–13; 8:45 am]
BILLING CODE 4510–FP–P
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20 CFR Part 655
Labor Certification Process for
Logging Employment and Non-H–2A
Agricultural Employment
Employment and Training
Administration, Department of Labor.
ACTION: Final rule; rescission of
regulations.
AGENCY:
This final rule rescinds the
regulations for employers in the logging
industry utilizing foreign workers. The
regulations became obsolete after a
rulemaking in 2010 reassigned them
elsewhere in the Code of Federal
Regulations. The Department of Labor
(‘‘Department’’) is issuing this final rule
to remove the obsolete regulations.
DATES: Effective November 20, 2013.
FOR FURTHER INFORMATION CONTACT:
William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor
Certification, Room C–4312,
Employment & Training Administration,
U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210. Telephone number: 202–
693–3010 (this is not a toll-free
number). Individuals with hearing or
speech impairments may access the
telephone number above via TTY by
calling the toll-free Federal Information
Relay Service at 1–877–889–5627 (TTY/
TDD). Fax: 202–693–2768.
SUPPLEMENTARY INFORMATION: Subpart C,
Labor Certification for Logging
Employment and Non-H–2A Agriculture
Employment, was made obsolete by the
inclusion of ‘‘logging employment’’
within the definition of ‘‘agricultural
labor or services’’ in the Department of
Labor’s final rule, Temporary
Agricultural Employment of H–2A
Aliens in the United States, 75 FR 6884
(Feb. 12, 2010). The effect of including
‘‘logging employment’’ within the
definition of ‘‘agricultural labor or
services,’’ 20 CFR 655.103(c)(4), was to
include within the program
requirements for temporary employment
of foreign workers in agriculture (H–2A)
employers seeking to temporarily
employ foreign workers in logging
occupations. The Department proposed
the inclusion of logging employment in
the H–2A program in its notice of
proposed rulemaking (NPRM). 74 FR
45906 (Sept. 4, 2009). After considering
comments from the public on the
subject, the inclusion of logging in the
SUMMARY:
E:\FR\FM\20NOR1.SGM
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69542
Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations
H–2A was finalized in the 2010 rule.
Therefore, employers seeking to
temporarily employ foreign workers in
logging operations are now governed by
the regulations in Subpart B applicable
to H–2A agricultural work, and Subpart
C no longer has force and effect and
must be rescinded.
The Department has determined that
it is unnecessary to publish the
rescission of these regulations as a
proposed rule, as generally required by
the Administrative Procedure Act
(‘‘APA’’), 5 U.S.C. 553(b). Notice to the
public and provision of a public
comment period regarding the inclusion
of logging employment in the H–2A
program were provided in the 2009
NPRM, and this rule simply rescinds
Subpart C, which is no longer operable.
Therefore, good cause exists for
dispensing with the notice and
comment requirements of the APA. 5
U.S.C. 553(b)(B). For the same reason,
good cause exists to make this rule
effective immediately upon publication
of this rule. 5 U.S.C. 553(d)(3).
Administrative Information
A. Executive Order 12866
This final rule has been drafted and
reviewed in accordance with Executive
Order 12866, section 1(b), Principles of
Regulation. The Department has
determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review. The
Department has also determined that
this rule is not ‘‘economically
significant’’ as defined in section 3(f)(1)
of Executive Order 12866. Therefore, the
information enumerated in section
6(a)(3)(C) of the order is not required.
B. Regulatory Flexibility Act
pmangrum on DSK3VPTVN1PROD with RULES
This rescission is not a ‘‘rule’’ as
defined in the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601(2), nor is it a ‘‘final
rule’’ following a notice of proposed
rulemaking as defined in the RFA, 5
U.S.C. 604(a). Therefore, the RFA does
not apply and the Department is not
required to either certify that the rule
would not have a significant economic
impact on a substantial number of small
entities or conduct a regulatory
flexibility analysis.
C. Unfunded Mandates Reform—
Unfunded Mandates Reform Act of 1995
This rule will not include any Federal
mandate that may result in increased
expenditures by State, local, and tribal
governments, in the aggregate, of $100
million or more, or in increased
expenditures by the private sector of
$100 million or more.
VerDate Mar<15>2010
13:56 Nov 19, 2013
Jkt 232001
D. Small Business Regulatory
Enforcement Fairness Act of 1996
This rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of the United States-based
companies to compete with foreign
based companies in domestic and
export markets.
E. Executive Order 13132—Federalism
The Department has reviewed this
rule in accordance with E.O. 13132
regarding federalism and has
determined that it does not have
federalism implications. The rule does
not have substantial direct effects on
States, on the relationship between the
States, or on the distribution of power
and responsibilities among the various
levels of Government as described by
E.O. 13132. Therefore, the Department
has determined that this rule will not
have a sufficient federalism implication
to warrant the preparation of a summary
impact statement.
F. Executive Order 13175—Indian
Tribal Governments
This rule was reviewed under the
terms of E.O. 13175 and determined not
to have Tribal implications. The rule
does not have substantial direct effects
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes. As a
result, no Tribal summary impact
statement has been prepared.
G. Assessment of Federal Regulations
and Policies on Families
Section 654 of the Treasury and
General Government Appropriations
Act, enacted as part of the Omnibus
Consolidated and Emergency
Supplemental Appropriations Act of
1999 (Pub. L. 105–277, 112 Stat. 2681),
requires the Department to assess the
impact of this rule on family well-being.
A rule that is determined to have a
negative effect on families must be
supported with an adequate rationale.
The Department has assessed this rule
and determines that it will not have a
negative effect on families.
PO 00000
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Fmt 4700
Sfmt 4700
H. Executive Order 12630—Government
Actions and Interference With
Constitutionally Protected Property
Rights
This rule is not subject to E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, because it does not involve
implementation of a policy with takings
implications.
I. Executive Order 12988—Civil Justice
This regulation has been drafted and
reviewed in accordance with E.O.
12988, Civil Justice Reform, and will not
unduly burden the Federal court
system. The regulation has been written
to minimize litigation and provide a
clear legal standard for affected conduct,
and has been reviewed carefully to
eliminate drafting errors and
ambiguities.
J. Plain Language
The Department drafted this rule in
plain language.
K. Executive Order 13211—Energy
Supply
This rule is not subject to E.O. 13211.
It will not have a significant adverse
effect on the supply, distribution, or use
of energy.
L. Paperwork Reduction Act
This rule contains no new
information collection requirements for
purposes of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 20 CFR Part 655
Administrative practice and
procedure, Foreign workers,
Employment, Employment and training,
Enforcement, Forest and forest products,
Fraud, Health professions, Immigration,
Labor, Longshore and harbor work,
Migrant workers, Nonimmigrant
workers, Passports and visas, Penalties,
Reporting and recordkeeping
requirements, Unemployment, Wages,
Working conditions.
Accordingly, for the reasons stated
herein, the Department hereby amends
20 CFR part 655 as follows:
PART 655—TEMPORARY
EMPLOYMENT OF FOREIGN
WORKERS IN THE UNITED STATES
1. The authority citation for part 655
and the authority citation for subparts A
and C continue to read as follows:
■
Authority: Section 655.0 issued under 8
U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i)
and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n) and
(t), 1184(c), (g), and (j), 1188, and 1288(c) and
(d); sec. 3(c)(1), Pub. L. 101–238, 103 Stat.
2099, 2102 (8 U.S.C. 1182 note); sec. 221(a),
E:\FR\FM\20NOR1.SGM
20NOR1
Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations
Pub. L. 101–649, 104 Stat. 4978, 5027 (8
U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102–
232, 105 Stat. 1733, 1748 (8 U.S.C. 1101
note); sec. 323(c), Pub. L. 103–206, 107 Stat.
2428; sec. 412(e), Pub. L. 105–277, 112 Stat.
2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L.
106–95, 113 Stat. 1312, 1316 (8 U.S.C. 1182
note); 29 U.S.C. 49k; Pub. L. 109–423, 120
Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8 CFR
214.2(h)(6)(iii).
Subparts A and C issued under 8 U.S.C.
1101(a)(15)(H)(ii)(b) and 1184; 29 U.S.C. 49 et
seq.; and 8 CFR 214.2(h)(4)(i).
Subpart C—[Removed and Reserved]
2. Remove and reserve subpart C,
consisting of §§ 655.200 through
655.215.
■
Signed in Washington, DC, this 17th day of
October 2013.
Eric M. Seleznow,
Acting Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2013–27693 Filed 11–19–13; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1
[Docket No. FDA–2010–N–0560]
Amendments to General Regulations
of the Food and Drug Administration;
Technical Amendments
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendments.
ACTION:
The Food and Drug
Administration (FDA or we) published
a final rule in the Federal Register on
November 30, 2010, amending certain
regulations to include tobacco products,
where appropriate, in light of FDA’s
authority to regulate these products
under the Family Smoking Prevention
and Tobacco Control Act (Tobacco
Control Act). The final rule
inadvertently deleted an authority
citation and language related to the
definition of ‘‘package.’’ We are
restoring the inadvertent deletions and
making a corresponding technical
change.
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
This rule is effective November
20, 2013.
FOR FURTHER INFORMATION CONTACT:
Felicia Billingslea, Center for Food
Safety and Applied Nutrition (HFS–
820), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park,
MD 20740–3835, 240–402–2371.
DATES:
VerDate Mar<15>2010
13:56 Nov 19, 2013
Jkt 232001
We are
making technical amendments to our
regulations under 21 CFR part 1.
In the Federal Register of November
30, 2010 (75 FR 73951), we amended
certain regulations in part 1 (21 CFR
part 1), ‘‘General Enforcement
Regulations,’’ in light of our authority
under the Tobacco Control Act. The
final rule, among other things:
• Revised the authority citation for
part 1 by removing a reference to section
302 of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C.
332);
• Revised § 1.1(c), ‘‘General,’’ by
removing the terms ‘‘package in § 1.20
and of’’, and
• Revised § 1.20, ‘‘Presence of
mandatory label information,’’ by
removing the terms ‘‘package in § 1.20
and of’’.
The preamble to the final rule
explained that the revisions to part 1
reflected our authority over tobacco
products under the Tobacco Control Act
(75 FR 73951 at 73952). However, the
revisions inadvertently created one
inconsistency (in that other provisions
in part 1 did, in fact, rely on section 302
of the FD&C Act as part of their legal
authority) or created confusion over
whether the definition of ‘‘package’’ was
limited to the regulations in part 1 or
whether it also applied to other FDA
regulations.
Therefore, through this rule, we are
amending part 1 as follows:
• We are restoring section 302 of the
FD&C Act to the authority citation for
part 1. Because the authority citation is
expressed in terms of the U.S. Code, the
amendment is to insert ‘‘332’’ in the list
of U.S. Code sections.
• We are revising § 1.1(c) to restore
the terms ‘‘package in § 1.20 and of’’.
• We are revising § 1.20 to add a
cross-reference to § 1.1(c).
Publication of this document
constitutes final action of these changes
under the Administrative Procedure Act
(5 U.S.C. 553). These amendments are
merely correcting inadvertent deletions.
FDA, therefore, for good cause, finds
under 5 U.S.C. 553(b)(3)(B) and (d)(3)
that notice and public comment are
unnecessary.
SUPPLEMENTARY INFORMATION:
List of Subjects in 21 CFR Part 1
Cosmetics, Drugs, Exports, Food
labeling, Imports, Labeling, Reporting
and recordkeeping requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 1 is
amended as follows:
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69543
PART 1—GENERAL ENFORCEMENT
REGULATIONS
1. The authority citation for 21 CFR
part 1 is revised to read as follows:
■
Authority: 15 U.S.C. 1333, 1453, 1454,
1455, 4402; 19 U.S.C. 1490, 1491; 21 U.S.C.
321, 331, 332, 333, 334, 335a, 343, 350c,
350d, 352, 355, 360b, 362, 371, 374, 381, 382,
387, 387a, 387c, 393; 42 U.S.C. 216, 241, 243,
262, 264.
§ 1.1
[Amended]
2. Amend § 1.1 by adding the phrase
‘‘of package in § 1.20 and’’ after the
word ‘‘definition’’ in the first sentence
of paragraph (c).
■ 3. In § 1.20, revise the introductory
text to read as follows:
■
§ 1.20 Presence of mandatory label
information.
In the regulations specified in § 1.1(c)
of this chapter, the term package means
any container or wrapping in which any
food, drug, device, or cosmetic is
enclosed for use in the delivery or
display of such commodities to retail
purchasers, but does not include:
*
*
*
*
*
Dated: November 14, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–27773 Filed 11–19–13; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1910
[Docket No. OSHA–2013–0010]
RIN 1218–AC80
Record Requirements in the
Mechanical Power Presses Standard
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Direct final rule; request for
comments.
AGENCY:
OSHA is making two main
revisions to its Mechanical Power
Presses Standard. First, OSHA is
revising a provision that requires
employers to develop and maintain
certification records of periodic
inspections performed on the presses by
adding a requirement that they develop
and maintain certification records of
any maintenance and repairs they
perform on the presses during the
periodic inspections. Second, OSHA is
removing the requirement from another
provision that employers develop and
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69541-69543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27693]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB65
Labor Certification Process for Logging Employment and Non-H-2A
Agricultural Employment
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Final rule; rescission of regulations.
-----------------------------------------------------------------------
SUMMARY: This final rule rescinds the regulations for employers in the
logging industry utilizing foreign workers. The regulations became
obsolete after a rulemaking in 2010 reassigned them elsewhere in the
Code of Federal Regulations. The Department of Labor (``Department'')
is issuing this final rule to remove the obsolete regulations.
DATES: Effective November 20, 2013.
FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D.,
Administrator, Office of Foreign Labor Certification, Room C-4312,
Employment & Training Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-
693-3010 (this is not a toll-free number). Individuals with hearing or
speech impairments may access the telephone number above via TTY by
calling the toll-free Federal Information Relay Service at 1-877-889-
5627 (TTY/TDD). Fax: 202-693-2768.
SUPPLEMENTARY INFORMATION: Subpart C, Labor Certification for Logging
Employment and Non-H-2A Agriculture Employment, was made obsolete by
the inclusion of ``logging employment'' within the definition of
``agricultural labor or services'' in the Department of Labor's final
rule, Temporary Agricultural Employment of H-2A Aliens in the United
States, 75 FR 6884 (Feb. 12, 2010). The effect of including ``logging
employment'' within the definition of ``agricultural labor or
services,'' 20 CFR 655.103(c)(4), was to include within the program
requirements for temporary employment of foreign workers in agriculture
(H-2A) employers seeking to temporarily employ foreign workers in
logging occupations. The Department proposed the inclusion of logging
employment in the H-2A program in its notice of proposed rulemaking
(NPRM). 74 FR 45906 (Sept. 4, 2009). After considering comments from
the public on the subject, the inclusion of logging in the
[[Page 69542]]
H-2A was finalized in the 2010 rule. Therefore, employers seeking to
temporarily employ foreign workers in logging operations are now
governed by the regulations in Subpart B applicable to H-2A
agricultural work, and Subpart C no longer has force and effect and
must be rescinded.
The Department has determined that it is unnecessary to publish the
rescission of these regulations as a proposed rule, as generally
required by the Administrative Procedure Act (``APA''), 5 U.S.C.
553(b). Notice to the public and provision of a public comment period
regarding the inclusion of logging employment in the H-2A program were
provided in the 2009 NPRM, and this rule simply rescinds Subpart C,
which is no longer operable. Therefore, good cause exists for
dispensing with the notice and comment requirements of the APA. 5
U.S.C. 553(b)(B). For the same reason, good cause exists to make this
rule effective immediately upon publication of this rule. 5 U.S.C.
553(d)(3).
Administrative Information
A. Executive Order 12866
This final rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department has determined that this rule is not a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. The Department has also determined that
this rule is not ``economically significant'' as defined in section
3(f)(1) of Executive Order 12866. Therefore, the information enumerated
in section 6(a)(3)(C) of the order is not required.
B. Regulatory Flexibility Act
This rescission is not a ``rule'' as defined in the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601(2), nor is it a ``final rule''
following a notice of proposed rulemaking as defined in the RFA, 5
U.S.C. 604(a). Therefore, the RFA does not apply and the Department is
not required to either certify that the rule would not have a
significant economic impact on a substantial number of small entities
or conduct a regulatory flexibility analysis.
C. Unfunded Mandates Reform--Unfunded Mandates Reform Act of 1995
This rule will not include any Federal mandate that may result in
increased expenditures by State, local, and tribal governments, in the
aggregate, of $100 million or more, or in increased expenditures by the
private sector of $100 million or more.
D. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of the United States-based companies to
compete with foreign based companies in domestic and export markets.
E. Executive Order 13132--Federalism
The Department has reviewed this rule in accordance with E.O. 13132
regarding federalism and has determined that it does not have
federalism implications. The rule does not have substantial direct
effects on States, on the relationship between the States, or on the
distribution of power and responsibilities among the various levels of
Government as described by E.O. 13132. Therefore, the Department has
determined that this rule will not have a sufficient federalism
implication to warrant the preparation of a summary impact statement.
F. Executive Order 13175--Indian Tribal Governments
This rule was reviewed under the terms of E.O. 13175 and determined
not to have Tribal implications. The rule does not have substantial
direct effects on one or more Indian Tribes, on the relationship
between the Federal Government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian Tribes. As a result, no Tribal summary impact
statement has been prepared.
G. Assessment of Federal Regulations and Policies on Families
Section 654 of the Treasury and General Government Appropriations
Act, enacted as part of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat.
2681), requires the Department to assess the impact of this rule on
family well-being. A rule that is determined to have a negative effect
on families must be supported with an adequate rationale. The
Department has assessed this rule and determines that it will not have
a negative effect on families.
H. Executive Order 12630--Government Actions and Interference With
Constitutionally Protected Property Rights
This rule is not subject to E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights, because
it does not involve implementation of a policy with takings
implications.
I. Executive Order 12988--Civil Justice
This regulation has been drafted and reviewed in accordance with
E.O. 12988, Civil Justice Reform, and will not unduly burden the
Federal court system. The regulation has been written to minimize
litigation and provide a clear legal standard for affected conduct, and
has been reviewed carefully to eliminate drafting errors and
ambiguities.
J. Plain Language
The Department drafted this rule in plain language.
K. Executive Order 13211--Energy Supply
This rule is not subject to E.O. 13211. It will not have a
significant adverse effect on the supply, distribution, or use of
energy.
L. Paperwork Reduction Act
This rule contains no new information collection requirements for
purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
List of Subjects in 20 CFR Part 655
Administrative practice and procedure, Foreign workers, Employment,
Employment and training, Enforcement, Forest and forest products,
Fraud, Health professions, Immigration, Labor, Longshore and harbor
work, Migrant workers, Nonimmigrant workers, Passports and visas,
Penalties, Reporting and recordkeeping requirements, Unemployment,
Wages, Working conditions.
Accordingly, for the reasons stated herein, the Department hereby
amends 20 CFR part 655 as follows:
PART 655--TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED
STATES
0
1. The authority citation for part 655 and the authority citation for
subparts A and C continue to read as follows:
Authority: Section 655.0 issued under 8 U.S.C.
1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C.
1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and
1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102
(8 U.S.C. 1182 note); sec. 221(a),
[[Page 69543]]
Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec.
303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101
note); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; sec. 412(e),
Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d),
Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C.
49k; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8
CFR 214.2(h)(6)(iii).
Subparts A and C issued under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and
1184; 29 U.S.C. 49 et seq.; and 8 CFR 214.2(h)(4)(i).
Subpart C--[Removed and Reserved]
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2. Remove and reserve subpart C, consisting of Sec. Sec. 655.200
through 655.215.
Signed in Washington, DC, this 17th day of October 2013.
Eric M. Seleznow,
Acting Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-27693 Filed 11-19-13; 8:45 am]
BILLING CODE 4510-FP-P