Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations 69541 

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. 

J. Plain Language 

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. 

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 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. 

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 

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 


pmangrum on DSK3VPTVN1PROD with RULES
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 

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 

■ 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), 


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

■ 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. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: 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. 

DATES: 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. 

SUPPLEMENTARY INFORMATION: 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. 

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: 

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 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: 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 


pmangrum on DSK3VPTVN1PROD with RULES