[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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