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
69540 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Rules and Regulations 

1The provisions which INRA added to the INA 

were further amended by section 162(f) of the 

Immigration Act of 1990 (IMMACT), Public Law 

101–649, 104 Stat. 4978 (November 29, 1990), and 

by section 302(e)(9) and (10) of the Miscellaneous 

and Technical Immigration and Naturalization 

Amendments of 1991 (MTINA), Public Law 102– 

232, 105 Stat. 1733 (December 12, 1991). 

ACTION: Final rule; rescission of 

regulations. 

SUMMARY: This final rule rescinds the 

regulations found which provided rules 

governing health care facilities using 

nonimmigrant foreign workers as 

registered nurses under the H–1A visa 

program. These subparts became 

obsolete after the authorizing statute 

and all extensions expired. 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. This notice is 

available through the printed Federal 

Register, and electronically at http://

www.gpo.gov/fdsys/browse/

collection.action?collectionCode=FR. 

SUPPLEMENTARY INFORMATION: In 1989, 

Congress created an H–1A 

nonimmigrant classification exclusively 

for the temporary admission and 

employment of registered nurses, which 

permitted employers during a five-year 

pilot program to hire foreign nurses after 

filing a detailed attestation showing the 

steps they were taking to lower their 

reliance on foreign nurses. Immigration 

Nursing Relief Act of 1989 (INRA), 

Public Law 101–238, 103 Stat. 2099 

(December 18, 1989), amending Sections 

101(a)(15)(H)(i) and 212 of the 

Immigration and Nationality Act (INA), 

8 U.S.C. 1101(a)(15)(H)(i)(a) and 

1182(m).1

The H–1A nonimmigrant 

classification originally expired on 

September 1, 1995. However, on 

October 11, 1996, Congress enacted 

Public Law 104–302, 110 Stat. 3656, 

which extended the authorized period 

of stay within the United States for 

certain nurses in certain geographic 

locations in the United States 

experiencing a shortage of registered 

nurses. That legislation provided for 

extending the stay until September 30, 

1997, of certain foreign workers who: 

(1) Entered the United States as H–1A 

nurses; (2) were within the United 

States on or after September 1, 1995, 

and who were within the United States 

on October 11, 1996; and (3) whose 

period of authorized stay had expired or 

would expire before September 30, 1997 

but for the enactment of the legislation. 

Public Law 104–302 did not provide for 

the approval of new H–1A petitions and 

related solely to extensions of stay for 

foreign workers who were in, or had 

previously been given, nonimmigrant 

H–1A status as registered nurses. In 

addition, the legislation did not affect 

those in H–1A status whose period of 

authorized stay expired after September 

30, 1997, and those H–1A nurses were 

allowed to remain in the United States 

until the validity of their petition 

expired, which could have been as late 

as August 31, 2000. Congress did not 

further extend the stays of any H–1A 

nurses, and following the expiration of 

all H–1A periods of stay, no foreign 

nurses on H–1A visas were employed 

after August 31, 2000. Furthermore, 

Congress has never renewed the original 

H–1A program, and ultimately repealed 

it in 1999 in Sec. 2(c) of the Nursing 

Relief for Disadvantaged Areas Act of 

1999, Public Law 106–095, 113 Stat. 

1312, 1316. 

The Department implemented the 

H–1A program through regulations at 20 

CFR part 655 Subparts D and E. See 55 

FR 50500 (Dec. 6, 1990), as amended by 

59 FR 874 (Jan. 6, 1994). Because of the 

expiration of the authorizing legislation, 

these regulations are without 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 for this rule is 

unnecessary because the enabling 

statute has expired, and, consequently, 

the regulations are now without force or 

effect. 5 U.S.C. 553(b)(B). 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) 

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 


pmangrum on DSK3VPTVN1PROD with RULES
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