This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

69535 

Vol. 78, No. 224 

Wednesday, November 20, 2013 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 130927853–3853–01] 

RIN 0694–AF99 

Amendments to Existing Validated 

End-User Authorizations in the 

People’s Republic of China 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) to revise existing authorizations 

for Validated End-Users (VEUs) 

Samsung China Semiconductor Co. Ltd. 

(Samsung China), Semiconductor 

Manufacturing International 

Corporation (SMIC), SK hynix 

Semiconductor (China) Ltd. (SK hynix 

China) and SK hynix Semiconductor 

(Wuxi) Ltd. (SK hynix Wuxi) 

(collectively ‘‘SK hynix’’) in the 

People’s Republic of China (PRC). 

Specifically, BIS amends Supplement 

No. 7 to part 748 of the EAR to add two 

items and remove one item from the list 

of eligible items for VEU Samsung 

China, add a facility to the list of 

eligible destinations and two items to 

the list of eligible items for VEU SMIC, 

and update the addresses of the 

facilities used by VEU SK hynix China 

and VEU SK hynix Wuxi. 

DATES: This rule is effective November 

20, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chair, End-User 

Review Committee, Bureau of Industry 

and Security, U.S. Department of 

Commerce, 14th Street & Pennsylvania 

Avenue NW., Washington, DC 20230; by 

telephone: (202) 482–5991, fax: (202) 

482–3991, or email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authorization Validated End-User 

Validated End-Users (VEUs) are 

designated entities located in eligible 

destinations to which eligible items may 

be exported, reexported, or transferred 

(in-country) under a general 

authorization instead of a license. The 

names of the VEUs, as well as the dates 

they were so designated, and their 

respective eligible destinations and 

items are identified in Supplement No. 

7 to part 748 of the Export 

Administration Regulations (EAR). 

Under the terms described in that 

supplement, VEUs may obtain eligible 

items without an export license from the 

Bureau of Industry and Security (BIS), 

in conformity with section 748.15 of the 

EAR. Eligible items vary between VEUs, 

but may include commodities, software, 

and technology, except those controlled 

for missile technology or crime control 

reasons on the Commerce Control List 

(CCL) (part 774 of the EAR). 

VEUs are reviewed and approved by 

the U.S. Government in accordance with 

the provisions of section 748.15 and 

Supplement Nos. 8 and 9 to part 748 of 

the EAR. The End-User Review 

Committee (ERC), composed of 

representatives from the Departments of 

State, Defense, Energy, and Commerce, 

and other agencies, as appropriate, is 

responsible for administering the VEU 

program. BIS amended the EAR in a 

final rule published on June 19, 2007 

(72 FR 33646) to create Authorization 

VEU. 

Amendments to Existing Validated EndUser Authorizations in the People’s 

Republic of China (PRC) 

Revisions to the List of ‘‘Eligible Items 

(By ECCN)’’ for Validated End-User 

Samsung China Semiconductor Co. Ltd 

(Samsung China) 

This final rule amends Supplement 

No. 7 to part 748 of the EAR to add 

Export Control Classification Numbers 

(ECCNs) 2B350.i.3 and 3A233 to the list 

of items that may be exported, 

reexported or transferred (in-country) to 

Samsung China’s facility in the PRC 

under Authorization VEU. BIS also 

removes ECCN 2B350.i.4 from Samsung 

China’s list of approved items. BIS 

makes these changes pursuant to 

requests from Samsung China. BIS 

added Samsung China as a VEU in 

Supplement No. 7 to part 748 in a rule 

published in the Federal Register on 

July 10, 2013 (78 FR 41291). 

Eligible Items (by ECCN) That May Be 

Exported, Reexported or Transferred 

(In-Country) to the Eligible Destination 

Identified Under Samsung China 

Semiconductor Co. Ltd.’s Validated 

End-User Authorization 

ECCNs 1C350.c.3, 1C350.d.7, 2B230, 

2B350.d.2, 2B350.g.3, 2B350.i.3, 3A233, 

3B001.a.1, 3B001.b, 3B001.c, 3B001.e, 

3B001.f, 3B001.h, 3C002, 3C004, 3D002, 

and 3E001 (limited to ‘‘technology’’ for 

items classified under 3C002 and 3C004 

and ‘‘technology’’ for use consistent 

with the International Technology 

Roadmap for Semiconductors process 

for items classified under ECCNs 3B001 

and 3B002). 

Revisions to the List of ‘‘Eligible 

Destinations’’ and ‘‘Eligible Items (By 

ECCN)’’ for Validated End-User 

Semiconductor Manufacturing 

International Corporation (SMIC) 

This final rule also amends 

Supplement No. 7 to part 748 of the 

EAR to add a facility to the list of SMIC 

facilities to which eligible items may be 

exported, reexported or transferred (incountry) using Authorization VEU, to 

bring the number of SMIC’s VEUauthorized facilities in the PRC to a total 

of four. BIS also adds two ECCNs to 

SMIC’s list of eligible items that may be 

sent to the four facilities. The ECCNs 

added in this rule to SMIC’s VEU 

authorization are ECCNs 2B350.d.3 and 

3C003. BIS makes these changes 

pursuant to requests from SMIC. 

Additional SMIC Destination 

Semiconductor Manufacturing 

International (Shenzhen) Corporation, 

Qier Road, Export Processing Zone, 

Pingshan New Area, Shenzhen, China 

518118. 

Eligible Items (by ECCN) That May Be 

Exported, Reexported or Transferred 

(In-Country) to the Eligible Destination 

Identified Under Semiconductor 

Manufacturing International 

Corporation Validated End-User 

Authorization 

ECCNs 1C350.c.3, 1C350.d.7, 

2B006.b.1, 2B230, 2B350.d.2, 2B350.d.3, 

2B350.g.3, 2B350.i.3, 3B001.a, 3B001.b, 

3B001.c, 3B001.e, 3B001.f, 3C001, 

3C002, 3C003, 3C004, 5B002, and 5E002 

(limited to ‘‘technology’’ according to 


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69536 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations 

the General Technology Note for the 

‘‘production’’ of integrated circuits 

controlled by ECCN 5A002 that have 

been classified by BIS as eligible for 

License Exception ENC under paragraph 

(b)(2) or (b)(3) of section 740.17 of the 

EAR, or classified by BIS as a mass 

market item under paragraph (b)(3) of 

section 748.15 of the EAR). 

Change of Address Name of the Facility 

for Validated End-Users SK hynix 

Semiconductor (China) Ltd. and SK 

hynix Semiconductor (Wuxi) Ltd. 

Finally, in this rule, BIS amends 

Supplement No. 7 to part 748 to make 

a technical change by updating the 

facility address names for existing VEUs 

SK hynix in the PRC. Although the 

actual location of the facilities for these 

VEUs has not changed, the technology 

park where the VEUs are located 

recently changed its name and this 

amendment reflects that change and 

also indicates the specific lot in which 

each VEU is located. 

Prior Address Name for SK hynix China 

Lot K7/K7–1, Export Processing Zone, 

Wuxi, Jiangsu, China 214028. 

New Address Name for SK hynix China 

Lot K7, Wuxi High-tech Zone 

Comprehensive Bonded Zone, Wuxi 

New District, Jiangsu Province, China 

214028. 

Prior Address Name for SK hynix Wuxi 

Lot K7/K7–1, Export Processing Zone, 

Wuxi, Jiangsu, China 214028. 

New Address Name for SK hynix Wuxi 

Lot K7–1, Wuxi High-tech Zone 

Comprehensive Bonded Zone Wuxi 

New District, Jiangsu Province, China 

214028. 

Authorization VEU eliminates the 

burden on exporters and reexporters of 

preparing individual license 

applications because the export, 

reexport and transfer (in-country) of the 

eligible items specified for each VEU 

may be made under general 

authorization instead of under 

individual licenses. With the addition of 

items for Samsung China and the 

addition of items and a facility for 

SMIC, exporters and reexporters can 

supply items much more quickly, thus 

enhancing the competitiveness of both 

the VEU and its suppliers of U.S-origin 

items. In addition, the update of the 

facility addresses for existing VEUs SK 

hynix reinforces the reliability of 

information that facilitates legitimate 

trade that exporters and reexporters 

conduct under Authorization VEU. 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., p. 783 (2002)), as amended 

by Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013), 

and as extended most recently by the 

Notice of August 8, 2013, 78 FR 49107 

(August 12, 2013), has continued the 

EAR in effect under the International 

Emergency Economic Powers Act. BIS 

continues to carry out the provisions of 

the Export Administration Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

2. This rule involves collections 

previously approved by the Office of 

Management and Budget (OMB) under 

Control Number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a 

burden hour estimate of 43.8 minutes to 

prepare and submit form BIS–748; and 

for recordkeeping, reporting and review 

requirements in connection with 

Authorization VEU, which carries an 

estimated burden of 30 minutes per 

submission. This rule is expected to 

result in a decrease in license 

applications submitted to BIS. Total 

burden hours associated with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) (PRA) and OMB 

Control Number 0694–0088 are not 

expected to increase significantly as a 

result of this rule. 

Notwithstanding any other provisions 

of law, no person is required to respond 

to, nor be subject to a penalty for failure 

to comply with a collection of 

information subject to the requirements 

of the PRA, unless that collection of 

information displays a currently valid 

OMB Control Number. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), BIS finds good cause to waive 

requirements that this rule be subject to 

notice and the opportunity for public 

comment because they are unnecessary. 

In determining whether to grant VEU 

designations, a committee of U.S. 

Government agencies evaluates 

information about and commitments 

made by candidate companies, the 

nature and terms of which are set forth 

in 15 CFR part 748, Supplement No. 8. 

The criteria for evaluation by the 

committee are set forth in 15 CFR 

748.15(a)(2). 

The information, commitments, and 

criteria for this extensive review were 

all established through the notice of 

proposed rulemaking and public 

comment process (71 FR 38313 (July 6, 

2006) (proposed rule), and 72 FR 33646 

(June 19, 2007) (final rule)). Given the 

similarities between the authorizations 

provided under the VEU program and 

export licenses (as discussed further 

below), the publication of this 

information does not establish new 

policy. In publishing this final rule, BIS 

adds an eligible destination to an 

existing VEU, updates the address name 

of two others, and makes changes to the 

list of eligible items for VEU Samsung 

and VEU SMIC. These changes have 

been made within the established 

regulatory framework of the 

Authorization VEU program. Further, 

this rule does not abridge the rights of 

the public or eliminate the public’s 

option to export under any of the forms 

of authorization set forth in the EAR. 

Publication of this rule in other than 

final form is unnecessary because the 

authorizations granted in the rule are 

consistent with the authorizations 

granted to exporters for individual 

licenses (and amendments or revisions 

thereof), which do not undergo public 

review. In addition, as with license 

applications, VEU authorization 

applications contain confidential 

business information, which is 

necessary for the extensive review 

conducted by the U.S. Government in 

assessing such applications. This 

information is extensively reviewed 

according to the criteria for VEU 

authorizations, as set out in 15 CFR 

748.15(a)(2). Additionally, just as the 

interagency reviews license 

applications, the authorizations granted 

under the VEU program involve 

interagency deliberation and result from 

review of public and non-public 

sources, including licensing data, and 

the measurement of such information 

against the VEU authorization criteria. 

Given the nature of the review, and in 

light of the parallels between the VEU 

application review process and the 

review of license applications, public 

comment on this authorization and 

subsequent amendments prior to 


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Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations 69537 

publication is unnecessary. Moreover, 

because, as noted above, the criteria and 

process for authorizing and 

administering VEUs were developed 

with public comments, allowing 

additional public comment on this 

amendment to individual VEU 

authorizations, which was determined 

according to those criteria, is 

unnecessary. 

Section 553(d) of the APA generally 

provides that rules may not take effect 

earlier than thirty (30) days after they 

are published in the Federal Register. 

BIS finds good cause to waive the 30- 

day delay in effectiveness under 5 

U.S.C. 553(d)(3) because the delay 

would be contrary to the public interest. 

BIS is simply amending the list of VEU 

authorizations by adding a new end 

user, consistent with established 

objectives and parameters administered 

and enforced by the responsible 

designated departmental representatives 

to the End-User Review Committee. 

Delaying this action’s effectiveness 

could cause confusion with the new 

VEU status as determined by those 

authorized government representatives 

and stifle the ongoing purpose of the 

VEU Authorization Program. 

Accordingly, it is contrary to the public 

interest to delay this rule’s effectiveness. 

No other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required under the APA or by any other 

law, the analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable. As a result, 

no final regulatory flexibility analysis is 

required and none has been prepared. 

List of Subjects in 15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

Accordingly, part 748 of the EAR (15 

CFR parts 730–774) is amended as 

follows: 

PART 748—[AMENDED] 

■ 1. The authority citation for part 748 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 8, 2013, 78 FR 49107 (August 12, 

2013). 

■ 2. Amend Supplement No. 7 to part 

748 by: 

■ a. Revising the Export Control 

Classification Numbers in the ‘‘Eligible 

items (by ECCN)’’ column for Validated 

End-User ‘‘Samsung China 

Semiconductor Co. Ltd.’’ in ‘‘China, 

(People’s Republic of)’’; 

■ b. Revising the list of facilities in the 

‘‘Eligible destination’’ column and items 

in the ‘‘Eligible items (by ECCN)’’ 

column for Validated End-User 

Semiconductor Manufacturing 

International Corporation’’ in ‘‘China, 

(People’s Republic of)’’; and 

■ c. Revising the address of the facility 

that appears in the ‘‘Eligible 

destination’’ column for both Validated 

End-Users ‘‘SK hynix Semiconductor 

(China) Ltd.’’ and ‘‘SK hynix 

Semiconductor (Wuxi) Ltd.’’ in ‘‘China, 

(People’s Republic of)’’. 

The revisions read as follows: 

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

Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register Citation 

Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c). 

*******

Samsung China 

Semiconductor 

Co. Ltd.

1C350.c.3, 1C350.d.7, 2B230, 

2B350.d.2, 2B350.g.3, 2B350.i.3, 

3A233, 3B001.a.1, 3B001.b, 3B001.c, 

3B001.e, 3B001.f, 3B001.h, 3C002, 

3C004, 3D002, and 3E001 (limited to 

‘‘technology’’ for items classified under 

3C002 and 3C004 and ‘‘technology’’ 

for use consistent with the International Technology Roadmap for 

Semiconductors process for items 

classified under ECCNs 3B001 and 

3B002).

Samsung China Semiconductor Co. 

Ltd., Xinglong Street, Chang’an District, Xi’an, People’s Republic of China 

710065.

78 FR 41291, 7/10/

13. 78 FR [INSERT PAGE 

NUMBER], 11/20/

2013. 

Semiconductor 

Manufacturing 

International Corporation.

1C350.c.3, 1C350.d.7, 2B006.b.1, 

2B230, 2B350.d.2, 2B350.d.3, 

2B350.g.3, 2B350.i.3, 3B001.a, 

3B001.b, 3B001.c, 3B001.e, 3B001.f, 

3C001, 3C002, 3C003, 3C004, 

5B002, and 5E002 (limited to ‘‘technology’’ according to the General 

Technology Note for the ‘‘production’’ 

of integrated circuits controlled by 

ECCN 5A002 that have been classified by BIS as eligible for License Exception ENC under paragraph (b)(2) 

or (b)(3) of section 740.17 of the EAR, 

or classified by BIS as a mass market 

item under paragraph (b)(3) of section 

748.15 of the EAR).

Semiconductor Manufacturing International (Shanghai) Corporation, 18 

Zhang Jiang Rd., Pudong New Area, 

Shanghai, China 201203.

Semiconductor Manufacturing International (Tianjin) Corporation, 19 Xing 

Hua Avenue, Xi Qing Economic Development Area, Tianjin, China 

300385.

Semiconductor Manufacturing International (Beijing) Corporation, No. 18 

Wen Chang Road, Beijing EconomicTechnological Development Area, Beijing, China 100176.

Semiconductor Manufacturing International (Shenzhen) Corporation.

72 FR 59164, 10/

19/07. 75 FR 

67029, 11/1/10. 

77 FR 10953, 2/

24/12. 78 FR [INSERT PAGE 

NUMBER], 11/20/

2013. 

Qier Road, Export Processing Zone.

Pingshan New Area.

Shenzhen, China 518118.


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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) 


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