[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Rules and Regulations]
[Pages 54803-54804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26534]
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DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Parts 502 and 503
Workers Employed in Seasonal Agricultural Services Under Section
201A of the Immigration and Nationality Act
agency: Wage and Hour Division, Employment Standards Administration,
Labor.
action: Final rule; removal of regulations.
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summary: The Department of Labor is issuing a final rule to remove the
regulations found at 29 CFR parts 502 and 503, which were promulgated
under Sec. 210A of the Immigration and Nationality Act (INA), as
amended by the Immigration Reform and Control Act of 1986 (IRCA). These
regulations implement requirements of a special program for
nonimmigrants in seasonal agricultural services which ended with fiscal
year 1992, or September 30, 1992. The regulations do not affect the
current operation of any program and are being removed from the CFR.
effective date: This rule is effective November 27, 1995.
for further information contact: Richard M. Brennan, Acting Director,
Division of Policy and Analysis, Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, room S-3506, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 219-
8412. This is not a toll free number.
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act
This rule contains no reporting or recordkeeping requirements
subject to the Paperwork Reduction Act of 1980 (Pub. L. 96-511). The
information collection requirements previously approved by the Office
of Management and Budget under Regulations, 29 CFR parts 502 and 503
expired September 30, 1992.
II. Background
Section 302 of the Immigration Reform and Control Act of 1986
(Public Law 99-603, November 6, 1986) added sections 210 and 210A to
the Immigration and Nationality Act (INA), which established a special
program for certain agricultural workers. Under this special
agricultural worker (SAW) program, the status of a nonimmigrant worker
could be adjusted during an 18-month period ending November 30, 1988 to
``lawfully admitted for temporary residence'' if certain resident and
work conditions were demonstrated. Section 210A of INA established a
framework for admitting additional nonimmigrants, referred to as
replenishment agricultural workers (RAWs), if a shortage of workers in
seasonal agricultural services developed during the period beginning
with Fiscal Year 1990 and ending with Fiscal Year 1993, or September
30, 1992.
The regulations, 29 CFR parts 502 and 503, were promulgated
pursuant to Sec. 210A of the INS, as amended. The regulations at 29 CFR
part 502 establish a reporting procedure for employers to report
employment information on certain resident nonimmigrant workers
employed in seasonal agricultural services (SAWs), and the regulations
at 29 CFR part 503 establish the procedure to be used by the
Secretaries of Agricultural and Labor in determining the number of
additional individuals who could acquire status under Sec. 210A of the
INA as replenishment agricultural workers (RAWs) to replenish a
shortage of seasonal agricultural workers.
The employer reporting requirements and the agricultural worker
replenishment process established by Sec. 210A ceased with the Fiscal
Year ending September 30, 1992. Because the regulations at 29 CFR parts
502 and 503 do not affect the current operation of any program, the
Department has decided that it is no longer necessary to continue
publication of these regulations, in future editions of title 29, and
the regulations are, therefore, being removed from the CFR.
Executive Order 12866/Section 202 of the Unfunded Mandates Reform Act
of 1995
This rule is not a ``significant regulatory action'' within the
meaning of Executive Order 12866. The regulations at 29 CFR parts 502
and 503 do not affect the current operation of any program, and their
removal from title 29 will not: (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive
[[Page 54804]]
Order 12866. Therefore, no regulatory impact analysis has been
prepared.
The requirements of the Unfunded Mandates Reform Act of 1995
(Public Law 104-5) do not apply to non-notice rules issued under 5
U.S.C. 553(b).
Regulatory Flexibility Analysis
Because no notice of proposed rulemaking is required for the rule
under 5 U.S.C. 553(b), the requirements of the Regulatory Flexibility
Act, Public Law 96-354, 94 Stat. 1165, 5 U.S.C. 601 et seq. pertaining
to regulatory flexibility analysis, do not apply to this rule. See 5
U.S.C. 601(2). In any event, this rule will not have a significant
economic impact on a substantial number of small entities. The
obligations and responsibilities established under the regulations to
be removed from title 29 ceased with the Fiscal Year ending September
30, 1992.
Document Preparation. This document was prepared under the
direction and control of Maria Echaveste, Administrator, Wage and
House Division, Employment Standards Administration, U.S. Department
of Labor.
List of Subjects in 29 CFR Parts 502 and 503
Administrative practice and procedures, Agriculture, Aliens,
Farmers, Immigration, Investigations, Penalties, Reporting
requirements, Transportation.
Promulgation of Final Rule
For the reasons set out in the preamble:
PART 502--[REMOVED]
1. Under the authority of 5 U.S.C. 301 and Reorganization Plan
Number 6 of 1950 (64 Stat. 1263) and 5 U.S.C. 552-556, Title 29, Code
of Federal Regulations, is hereby amended by removing part 502.
PART 503--[REMOVED]
2. Under the authority of 5 U.S.C. 301 and Reorganization Plan
Number 6 of 1950 (64 Stat. 1263) and 5 U.S.C. 552-556, Title 29, Code
of Federal Regulations, is hereby amended by removing part 503.
Signed at Washington, D.C., on this 20th day of October, 1995.
Maria Echaveste,
Administrator, Wage and Hour Division.
[FR Doc. 95-26534 Filed 10-25-95; 8:45 am]
BILLING CODE 4510-27-M
