You are on page 1of 2

Federal Register / Vol. 60, No.

187 / Wednesday, September 27, 1995 / Rules and Regulations 49753

removed and the entry ‘‘Rails, joint bars, Administration, Department of Labor, expire at the close of September 30,
and tie plates covered by subheadings Room S–3502, 200 Constitution Avenue, 1995, and no new attestations could be
7302.10.10 through 7302.90.00, NW., Washington, DC 20210. filed. Without the amendment, F–1
Harmonized Tariff Schedule of the Telephone: 202–219–7605 (this is not a students would not have work
United States’’ is added in its place. toll-free number). authorization under this program. New
George J. Weise, SUPPLEMENTARY INFORMATION: attestations filed after the effective date
Commissioner of Customs. Immigration Act of 1990 (IMMACT) sec. of today’s rule also are valid through
221 and Immigration and Nationality November 30, 1995, unless withdrawn
Approved: September 6, 1995.
Act secs. 101(a)(15)(F) and 214 create a or invalidated. Today’s rule alleviates
Dennis M. O’Connell, hardships for covered students and
pilot program, of limited duration,
Acting Deputy Assistant Secretary of the employers, and the limited extension
Treasury.
allowing a nonimmigrant foreign
student admitted on F–1 visas to work gives DOL additional opportunity to
[FR Doc. 95–23954 Filed 9–26–95; 8:45 am] complete analysis of comments on the
off-campus if: (1) he/she has completed
BILLING CODE 4820–02–P
one academic year as such a interim final rule.
nonimmigrant and is maintaining good For these reasons, DOL for good cause
academic standing at the institution; (2) finds a proposed rule is impracticable
DEPARTMENT OF LABOR he/she will not be employed off-campus and contrary to the public interest (5
for more than 20 hours per week during U.S.C. 553(b)(B)); and finds good cause
Employment and Training to make the rule effective immediately
the academic term (but may be
Administration (5 U.S.C. 533(d)(3)). The rule is not
employed full-time during vacation
periods and between terms); and (3) the significant under E.O. 12866. The rule
20 CFR Part 655
employer provides an attestation to the was not preceded by a proposed rule
Wage and Hour Division Department of Labor (DOL) and to the and, thus, is not covered by the
educational institution that it Regulatory Flexibility Act. When the
29 CFR Part 508 unsuccessfully recruited for the position interim final rule was published,
for at least 60 days and will pay the however, DOL notified the Chief
RIN 1205–AA88 and RIN 1215–AA68
higher of the actual wage at the worksite Counsel for Advocacy, Small Business
Attestations by Employers for Off- or the prevailing wage for the Administration, and made the
Campus Work Authorization for occupation in the area of employment. certification pursuant to 5 U.S.C. 605(b),
Foreign Students (F–1 Nonimmigrants) The employer submits such attestations that the rule did not have a significant
to DOL and the educational institution economic impact on a substantial
AGENCIES: Employment and Training for foreign students to receive work number of small entities. The program
Administration, Labor; and Wage and authorization, if otherwise qualified. is not in the Catalog of Federal Domestic
Hour Division, Employment Standards The attestation process is administered Assistance.
Administration, Labor. by the Employment and Training List of Subjects
ACTION: Joint interim final rule. Administration. Complaints and
investigations regarding violations of 20 CFR Part 655
SUMMARY: The Department of Labor employer attestations are handled by the Administrative practice and
(DOL) amends regulations relating to Wage and Hour Division, Employment procedure, Agriculture, Aliens,
attestations by employers seeking to use Standards Administration. If DOL Crewmembers, Employment,
nonimmigrant foreign (F–1) students in determines an employer made a Enforcement, Forest and forest products,
off-campus work. DOL continues to materially false attestation or failed to Guam, Health professions, Immigration,
review comments submitted by the pay wages in accordance with an Labor, Longshore work, Migrant labor,
public on the interim final rule and attestation, the employer, after notice Nurse, Penalties, Registered nurse,
expects to publish a final rule shortly. and opportunity for a hearing, may be Reporting and recordkeeping
However, existing attestations expire at disqualified from employing F–1 requirements, Specialty occupation,
the close of September 1995. For that students under the program. Students, Wages.
reason, this rule extends the period of An interim final rule, requesting
applicability of attestations for two comments was published November 6, 29 CFR Part 508
months, through November 30, 1995. 1991. 56 FR 56860. The interim final Administrative practice and
EFFECTIVE DATE: September 30, 1995. rule provided that the employer’s procedure, Aliens, Employment,
attestation may remain in effect, unless Enforcement, Immigration, Labor,
FOR FURTHER INFORMATION CONTACT:
withdrawn or invalidated, through no Penalties, Reporting and recordkeeping
On 20 CFR part 655, subpart J, and 29 later than September 30, 1994, the requirements, Specialty occupation,
CFR part 508, subpart J, contact Ms. original statutory termination date for Students, Wages.
Flora T. Richardson, Chief, Division of the pilot. Public Law 103–416 extended
Foreign Labor Certifications, U.S. the program. Currently, existing Text of Joint Interim Final Rule
Employment Service, Employment and attestations are valid through September The text of the joint interim final rule

ll
Training Administration, Department of 30, 1995. 60 FR 38957 (July 31, 1995). appears below:
Labor, Room N–4456, 200 Constitution Analysis of the comments is ongoing. 1. Section .900(b)(2)(i) is
Avenue, NW., Washington, DC 20210. The rule published today extends amended by removing the date
Telephone: 202–219–5263 (this is not a attestations through November 30, 1995. ‘‘September 30, 1995’’ and adding in
toll-free number). A final rule is expected to be published lieu thereof the date ‘‘November 30,

ll
On 20 CFR part 655, subpart K, and shortly. Should that not occur, the 1995’’.
29 CFR part 508, subpart K, contact Mr. interim final rule will be extended 2. Section .900(d) is amended by
Thomas Shierling, Branch of Farm again. removing the date ‘‘September 30,
Labor Programs, Wage and Hour Absent today’s amendment, all 1995’’ and adding in lieu thereof the
Division, Employment Standards previously valid attestations would date ‘‘November 30, 1995’’.
49754 Federal Register / Vol. 60, No. 187 / Wednesday, September 27, 1995 / Rules and Regulations

3. Section ll .900 is amended by Section 665.00 issued under 8 U.S.C. DEPARTMENT OF THE TREASURY
revising paragraph (e), to read as 1101(a)(15)(H)(ii), 1184, and 1188; 29
follows: U.S.C. 49 et. seq.; and 8 CFR Internal Revenue Service
§ ll.900 Purpose, procedure and
214.2(h)(4)(i).
26 CFR Part 301
applicability of subparts J and K of this Subparts A and C issued under 8
part. U.S.C. 1101(a)(15)(H)(ii)(b) and 1184; 29
[T.D. 8610]
* * * * * U.S.C. 49 et seq. and 8 CFR 214.2(h)(i).
(e) Revalidation of employer Subpart B issued under 8 U.S.C.
attestations in effect on September 30, RIN 1545–AP98
1101(a)(15)(H)(ii)(a), 1184, and 1188;
1995. Any employer’s attestation which
and 29 U.S.C. 49 et seq. Taxable Mortgage Pools; Correction
was valid on September 30, 1995, is
revalidated effective on September 30, Subparts D and E issued under 8
AGENCY: Internal Revenue Service,
1995 and shall remain valid through U.S.C. 1101(a)(15)(H)(i)(a), 1182(m), and
Treasury.
November 30, 1995, unless withdrawn 1184; 29 U.S.C. 49 et seq.; and sec.
ACTION: Correction to final regulations.
ll
or invalidated. 3(c)(1), Pub. L. 101–238, 103 Stat. 2099,
4. Section .910(b)(2)(i) is 2103 (8 U.S.C. 1182 note).
amended by removing the phrase SUMMARY: This document contains
Subparts F and G issued under 8 corrections to final regulations, Treasury
‘‘through September 30, 1995’’ and
U.S.C. 1184 and 1288(c); and 29 U.S.C. Decision 8610, which was published in
adding in lieu thereof the phrase
49 et seq.
ll
‘‘through November 30, 1995’’. the Federal Register on Monday, August
5. Section .910(e) is amended by Subparts H and I issued under 8 7, 1995 (60 FR 40086). The final
removing from the first sentence the U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and regulation relates to taxable mortgage
phrase ‘‘after September 30, 1995’’ and 1184; and 29 U.S.C. 49 et seq. pools.
adding in lieu thereof the phrase ‘‘after Subparts J and K issued under 29 EFFECTIVE DATE: September 6, 1995.
November 30, 1995’’; and by removing U.S.C. 49 et seq.; and sec. 221(a), Pub.
from the penultimate sentence the FOR FURTHER INFORMATION CONTACT:
L. 101–649, 104 Stat. 4978, 5027 (8 Arnold P. Golub or Marshall D. Geiring,
phrase ‘‘prior to September 30, 1995’’
U.S.C. 1184 note). (202) 622–3950 (not a toll-free number).
and adding in lieu thereof the phrase
b. Part 655 is amended as set forth in
ll
‘‘prior to November 30, 1995’’. SUPPLEMENTARY INFORMATION:
6. Section .940(d)(1)(i)(B) is the Joint Interim Final Rule, which
amended by removing the date appears at the end of the common Background
‘‘September 30, 1995’’ and adding in preamble. The final regulations that are the
lieu thereof the date ‘‘November 30,
TITLE 29—LABOR subject of this correction are under
ll
1995’’.
section 7701(i) of the Internal Revenue
7. Section .940(h)(1) is amended CHAPTER V—WAGE AND HOUR DIVISION,
Code.
by removing the date ‘‘September 30, DEPARTMENT OF LABOR
1995’’ and adding in lieu thereof the Need for Correction
2. Part 508 of chapter V of title 29,
ll
date ‘‘November 30, 1995’’.
8. Section .940(h)(3) is amended Code of federal regulations, is amended As published, T.D. 8610 contain
by removing the date ‘‘September 30, as follows: errors which may prove to be
1995’’ and adding in lieu thereof the misleading and are in need of
date ‘‘November 30, 1995’’. PART 508—ATTESTATIONS FILED BY clarification.
EMPLOYERS UTILIZING F–1
Adoption of Joint Interim Final Rule Correction of Publication
STUDENTS FOR OFF-CAMPUS WORK
The agency-specific adoption of the Accordingly, the publication of the
Joint Interim Final Rule, which appears a. The authority citation for part 508 final regulation (T.D. 8610), which was
at the end of the common preamble, continues to read as follows: the subject of FR Doc. 95–19285, is
appears below: Authority: 29 U.S.C. 49 et seq.; and sec. corrected as follows:
TITLE 20—EMPLOYEES’ BENEFITS 221(a), Pub. L. 101–649, 104 Stat. 4978, 5027
§ 301.7701(i)–1 [Corrected]
(8 U.S.C. 1184 note).
CHAPTER V—EMPLOYMENT AND 1. On page 40089, column 1,
TRAINING ADMINISTRATION, b. Part 508 is amended as set forth in § 301.7701(i)–1 (c)(4)(ii), the third line
DEPARTMENT OF LABOR the Joint Interim Final Rule, which from the bottom of the paragraph, the
1. Part 655 of chapter V of title 20, appears at the end of the common language ‘‘taxes, insurance premium, or
Code of Federal Regulations, is preamble. other’’ is corrected to read ‘‘taxes,
amended as follows: insurance premiums, or other’’.
Signed at Washington, DC, this 21st day of
PART 655—TEMPORARY September, 1995. 2. On page 40091, column 3,
EMPLOYMENT OF ALIENS IN THE Raymond Uhalde, § 301.7701(i)–1 (g)(3), paragraph (iv) of
UNITED STATES Example 5, the third line from the
Deputy Assistant Secretary, for Employment
and Training.
bottom of the paragraph, the language
a. The authority citation for part 655 ‘‘treat the $9,375,000 obligation as
continues to read as follows: Maria Echaveste, principally’’ is corrected to read ‘‘treat
Authority: Section 655.0 issued under 8 Administrator, Wage and Hour Division a $9,375,000 obligation as principally’’.
U.S.C. 1101(a)(15)(H)(i) and (ii), 1182 (m) and Employment Standards Administration. Cynthia E. Grigsby,
(n), 1184, 1188, and 1288(c); 29 U.S.C. 49 et
[FR Doc. 95–23782 Filed 9–26–95; 8:45 am] Chief, Regulations Unit, Assistant Chief
seq.; sec. 3(c)(1), Pub. L. 101–238, 103 Stat.
Counsel (Corporate).
2099, 2103 (8 U.S.C. 1182 note); sec. 221(a), BILLING CODE 4510–30–M; 4510–27–M
Pub. L. 101–649, 104 Stat. 4978, 5027 (8 [FR Doc. 95–23903 Filed 9–26–95; 8:45 am]
U.S.C. 1184 note); and 8 CFR 214.2(h)(4)(i). BILLING CODE 4830–01–P