69538 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations 

SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS, 

RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS—Continued 

Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register Citation 

*******

SK hynix Semiconductor (China) Ltd.3B001.a, 3B001.b, 3B001.c, 3B001.e, 

and 3B001.f.

SK hynix Semiconductor (China) Ltd., 

Lot K7, Wuxi High-tech Zone, Comprehensive Bonded Zone, Wuxi New 

District, Jiangsu Province, China 

214028.

75 FR 62462, 10/

12/10. 77 FR 

40258, 7/9/12. 78 

FR 3319, 1/16/13. 

78 FR [INSERT 

PAGE NUMBER], 

11/20/2013. 

SK hynix Semiconductor (Wuxi) Ltd.3B001.a, 3B001.b, 3B001.c, 3B001.e, 

and 3B001.f.

SK hynix Semiconductor (Wuxi) Ltd., Lot 

K7–1, Wuxi High-tech Zone, Comprehensive Bonded Zone, Wuxi New 

District, Jiangsu Province, China 

214028.

75 FR 62462, 10/

12/10. 77 FR 

40258, 7/9/12. 78 

FR 3319, 1/16/13. 

78 FR [INSERT 

PAGE NUMBER], 

11/20/2013. 

* * * * * * * 

Dated: November 14, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–27809 Filed 11–19–13; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB66 

Attestation Process for Employers 

Using F–1 Students in Off-Campus 

Work 

AGENCY: Employment and Training 

Administration, Department of Labor, in 

concurrence with the Wage and Hour 

Division, Department of Labor. 

ACTION: Final rule; rescission of 

regulations. 

SUMMARY: This final rule rescinds the 

regulations which provided rules 

governing employers seeking to hire 

F–1 foreign students as part-time 

workers off-campus. These subparts 

became obsolete after the authorizing 

statute and its two-year extension 

expired in 1996. Accordingly, the 

Department of Labor (the Department) is 

taking this action to remove regulations 

that no longer have force and effect. 

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: Section 

221 of the Immigration Act of 1990 

(IMMACT) (Pub L. 101–649; 104 Stat. 

4978) as amended by section 303(b)(1) 

of the Miscellaneous and Technical 

Immigration and Naturalization 

Amendments of 1991 (Pub. L. 102–232; 

105 Stat. 1733), supplemented sections 

101(a)(15)(F) of the Immigration and 

Nationality Act (8 U.S.C 1101(a)(15)(F)) 

by creating a pilot program, of limited 

duration. The pilot program permitted 

nonimmigrant foreign students to be 

admitted as F–1 nonimmigrant students 

to work off-campus if: (1) The alien had 

completed one academic year as an 

F–1 nonimmigrant and was maintaining 

good academic standing at the 

educational institution; (2) the alien 

would not be employed off-campus for 

more than 20 hours per week during the 

academic term; and (3) the employer 

provided an attestation to the 

Department of Labor and to the 

educational institution that it 

unsuccessfully recruited for the position 

for at least 60 days and would pay the 

higher of the actual wage at the worksite 

or the prevailing wage for the 

occupation in the area of employment. 

IMMACT, Sec 221(a). IMMACT 

established the program as a 3-year pilot 

to end September 30, 1994. The 

Immigration and Nationality Technical 

Corrections Act of 1994 (Pub. L. 103– 

416; 108 Stat. 4319) revived and 

extended the program through 

September 30, 1996. The program 

expired on September 30, 1996, and was 

never extended. 

The Department implemented the 

F–1 visa pilot program through 

regulations at 20 CFR part 655 subparts 

J and K. See 56 FR 56860 (Nov. 6, 1991), 

as amended by 59 FR 64776 (Dec. 15, 

1994), 60 FR 61210 (Nov. 29, 1995). 

Because of the expiration of the 

statutory program, these regulations are 

currently without force and effect and 

should 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). The statutory 

provisions governing the pilot program 

have expired, and this rule simply 

rescinds the implementing regulations, 

which no longer have force and effect. 

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 reasons, 

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) 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations 69539 

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 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 

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 

This rule was reviewed under the 

terms of E.O. 13175 regarding Indian 

Tribal Governments and was 

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. 

J. Plain Language 

The Department drafted this rule in 

plain language. 

K. Executive Order 13211 

This rule is not subject to E.O. 13211 

regarding Energy Supply. 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 J 

and K 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 J and K issued under 29 U.S.C. 49 

et seq.; and sec. 221(a), Pub. L. 101–649, 104 

Stat. 4978, 5027 (8 U.S.C. 1184 note). 

Subpart J—[Removed and Reserved] 

■ 2. Remove and reserve subpart J, 

consisting of §§ 655.900 through 

655.950. 

Subpart K—[Removed and Reserved] 

■ 3. Remove and reserve subpart K, 

consisting of §§ 655.1000 through 

655.1060. 

Signed in Washington, DC, this 17th day of 

October 2013. 

Eric M. Seleznow, 

Acting Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2013–27685 Filed 11–19–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB67 

Removal of Attestation Process for 

Facilities Using H–1A Registered 

Nurses 

AGENCY: Employment and Training 

Administration, Department of Labor, in 

concurrence with the Wage and Hour 

Division, Department of Labor. 


pmangrum on DSK3VPTVN1PROD with RULES