[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47667-47668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23034]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 240

[INS No. 1612-93]
RIN 1115-AE43


Removal of Obsolete Sections of the Regulation Concerning 
Temporary Protected Status for Salvadorans

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This final rule amends the Immigration and Naturalization 
Service (Service) regulations by removing those sections relating to 
Temporary Protected Status (TPS) for Salvadorans under section 303 of 
the Immigration Act of 1990 (IMMACT). Since the TPS program for 
Salvadorans expired on June 30, 1992, this action is necessary to 
remove obsolete language from the Service's regulations.

EFFECTIVE DATE: September 10, 1996.

FOR FURTHER INFORMATION CONTACT:
Ron Chirlin, Adjudications Officer, Residence and Status Services 
Branch, Adjudications Division, Immigration and Naturalization Service, 
425 I Street, NW., Room 3214, Washington DC, 20536, Telephone: (202) 
514-5014.

SUPPLEMENTARY INFORMATION:

Background

    Section 302 of the Immigration Act of 1990 (IMMACT), Public Law 
101-649, dated November 29, 1990, added section 244A of the Immigration 
and Nationality Act (Act), establishing Temporary Protected Status 
(TPS) relief. Upon designation of a foreign state by the Attorney 
General, TPS affords temporary protection and work authorization in the 
United States to eligible individuals from a designated foreign state 
that is experiencing ongoing armed conflict, environmental disaster, or 
other harmful conditions that would prevent such individuals from 
returning to that state in safety.
    In addition to the general procedures governing TPS under section 
244A of the Act, section 303 of IMMACT afforded such protection 
specifically to nationals of El Salvador for an 18-month period ending 
on June 30, 1992. The special TPS program for Salvadorans included some 
special limitations and requirements which were implemented in 8 CFR 
240.40 through 240.47. These special procedures for Salvadorans 
included additions or exceptions to the general TPS procedures in 8 CFR 
240.1 through 240.20. The Service published both the general and the 
specific Salvadoran TPS regulations in the Federal Register as an 
interim rule on January 7, 1991, at 56 FR 618 and as a final rule on 
May 22, 1991, at 56 FR 23491.
    Under section 303 of IMMACT, TPS designation for El Salvador was to 
expire on June 30, 1992, unless the Attorney General extended the 
designation. On June 26, 1992, the Commissioner of the Service 
announced in the Federal Register at 57 FR 28700 that Salvadoran TPS 
designation would not be extended.
    Although Salvadoran TPS expired, many of the Salvadoran TPS 
registrants became eligible to apply for a 1-year program of deferred 
enforced departure (DED) established by presidential order through the 
June 26, 1992, Federal Register notice. By a Federal Register notice 
published June 8, 1993, at 58 FR 32157, the Service further extended 
DED until December 31, 1994, as directed by President Clinton. The 
Service subsequently extended until April 30, 1996, the DED-related 
work authorization of Salvadorans whose DED registration expired on 
December 31, 1994, by a series of Federal Register notices concluding 
on January 30, 1996, at 61 FR 3053.
    Under a court-approved settlement in a lawsuit captioned American 
Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) 
(ABC), eligible TPS and DED Salvadorans are entitled to a de novo 
asylum adjudication. The Sevice will begin to schedule ABC class 
members for asylum interviews on a routine basis.
    The Salvadoran TPS program expired on June 30, 1992. The Service 
therefore finds it appropriate to remove the obsolete regulations 
concerning the expired Temporary Protected Status program for 
Salvadorans.

Impact of Removal of Obsolete Sections of the Regulation

    The removal of obsolete sections of the regulation will streamline 
the regulations and decrease confusion. The Service will continue to 
inform all former Salvadoran TPS registrants who inquire that the 
program has expired and that they are not eligible for further 
registration or work authorization under that program.

Basis for Removal of Obsolete Sections of the Regulation Without 
Advance Notice or Provision for Public Comments

    The Service's implementation of this rule as a final rule without 
advance notice or provision for public comment procedures is based upon 
the ``good

[[Page 47668]]

cause'' exception found at 5 U.S.C. 553 (b) and (d). The reasons for 
immediate final publication of this rule without provision for public 
comment are as follows:
    The Service is removing language in the regulations which relates 
only to the specific statutory Salvadoran TPS program which expired on 
June 30, 1992. As the Salvadoran TPS reregistration period and TPS 
program both expired on that date, all such applications have been 
adjudicated and any further applications are inappropriate. The 
continued presence of this obsolete language serves no function and 
advance notice and public comment procedures are therefore unnecessary.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 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 it merely removes language which implemented an 
expired statutory provision.

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, this rule does not have sufficient Federalism implications 
to warrant the preparation of a Federalism Assessment.

List of Subjects in 8 CFR Part 240

    Administrative practice and procedure, Immigration.

    Accordingly, part 240 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 240--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED 
STATES

    1. The authority citation for part 240 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1254, 1254a note.
    2. Part 240 is amended by removing the heading for Subpart A.
    3. Part 240 is amended by removing Subpart B.

    Dated: July 11, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-23034 Filed 9-9-96; 8:45 am]
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