[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11235]


[[Page Unknown]]

[Federal Register: May 10, 1994]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 210a

[INS No. 1635-93]
RIN 1115-AB05

 

Expiration of the Replenishment Agricultural Worker Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations of the Immigration and 
Naturalization Service (Service) relating to Replenishment Agricultural 
Workers (RAWs) under section 210A of the Immigration and Nationality 
Act (Act). Specifically, this rule removes the regulations pertaining 
to the RAW program as the program expired at the end of Fiscal Year 
1993.

EFFECTIVE DATE: May 10, 1994.

FOR FURTHER INFORMATION CONTACT: Ronald S. Chirlin, Senior Immigration 
Examiner, Naturalization and Special Projects Branch, Adjudications 
Division, Immigration and Naturalization Service, 425 I Street NW, Room 
3214, Washington DC 20536, Telephone: (202) 514-5014.

SUPPLEMENTARY INFORMATION: On December 9, 1993, the Immigration and 
Naturalization Service (Service) published in the Federal Register at 
58 FR 64695, a proposed rule to remove 8 CFR part 210a from the Code of 
Federal Regulations. Section 210A of the Immigration and Nationality 
Act, the Replenishment Agricultural Worker (RAW) program, was added by 
the Immigration Reform and Control Act of 1986, Pub. L. 99-603, dated 
November 6, 1986. According to section 210A(a)(1) of the Act, the RAW 
program was to be effective from Fiscal Year 1990 through the end of 
Fiscal Year 1993. The program was enacted as a means of providing 
additional seasonal agricultural workers to United States agricultural 
employers to alleviate possible shortages of workers for perishable 
crops. The program allowed the government to replenish the supply of 
farmworkers by providing foreign workers with legal resident status if 
the Secretaries of Agriculture and Labor determined that a shortage of 
such workers existed.
    In the three years during which the program was in place, however, 
a shortage of agricultural workers was never found to exist. Therefore, 
no immigration benefits were ever granted through the RAW program. As 
Congress gave no indication that it would extend the RAW program beyond 
the statutory expiration date, the Service found it appropriate to 
remove the regulations implementing the RAW program.
    The Service received comments from two organizations as a result of 
the proposed rule. Both organizations supported the removal of part 
210a from the Code of Federal Regulations, as the Service's authority 
to implement the RAW program expired on September 30, 1993. Both 
commenters also suggested that the Service inform all RAW registrants 
who contact the Service that the program has expired and that they are 
not eligible for work authorization under that program. The Service 
will ensure that all registrants who inquire about the program are 
informed about the program's expiration either orally or in writing, 
depending on the nature of the inquiry.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (U.S.C. 605(b)), has 
reviewed this regulation and by approving it certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities because of the following factors. Since the RAW program 
was never implemented because a shortage of agricultural workers was 
never found to exist, any adverse economic impact on small entities 
would be minimal, if any.

Executive Order 12866

    This rule is not considered by the Department of Justice, 
Immigration and Naturalization Service, to be a significant regulatory 
action under Executive Order 12866, section 3(f), Regulatory Planning 
and Review, and the Office of Management and Budget has waived its 
review process under section 6(a)(3)(A).

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12606

    The Commissioner of the Immigration and Naturalization Service has 
certified that she has assessed this rule in light of the criteria in 
Executive Order 12606 and has determined that this rule will not have 
an impact on family formation, maintenance, or general well-being.

List of Subjects in 8 CFR Part 210a

    Administrative practice and procedure, Aliens, Migrant labor, 
Reporting and recordkeeping requirements.

PART 210a--[REMOVED]

    Accordingly, under the Commissioner's authority, 8 U.S.C. 1103, 
part 210a of chapter I of title 8 of the Code of Federal Regulations is 
removed.

    Dated: April 25, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 94-11235 Filed 5-9-94; 8:45 am]
BILLING CODE 4410-10-M