This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

2659

Vol. 61, No. 19

Monday, January 29, 1996

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1d

RIN 0503–AA14

Expiration of the Special Agricultural

Worker Program

AGENCY: Office of the Secretary, United

States Department of Agriculture.

ACTION: Final rule.

SUMMARY: This final rule removes the

regulations of the United States

Department of Agriculture (USDA)

relating to special agricultural workers

(SAWs) under section 210 of the

Immigration and Nationality Act (INA),

as added by section 302 of the

Immigration Reform and Control Act of

1986 (IRCA). Specifically, this final rule

removes the USDA regulations

pertaining to the SAW program as the

program expired on December 1, 1988.

EFFECTIVE DATE: February 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Al French, USDA, Telephone (202)

720–4737, Internet: alfrench@usda.gov.

SUPPLEMENTARY INFORMATION: The INA

was amended by the IRCA (8 U.S.C.

1160) to (1) control illegal immigration

into the United States and (2) make

limited changes in the system for legal

immigration. There was concern during

consideration of the IRCA that

employers in seasonal agricultural

services (SAS), who had come to rely on

unauthorized aliens to perform field

work, would be unable to obtain

sufficient legal workers to satisfy their

needs.

To address this concern, the IRCA

added section 210 to the INA to

establish a program that granted

temporary resident alien status to SAWs

who could demonstrate that they

performed SAS for at least 90 man-days

during the 12-month period ending May

1, 1986. The definition of SAS is

contained in regulations promulgated by

the Secretary of Agriculture at 7 CFR

Part 1d and defined the fruits, the

vegetables, and the other perishable

commodities in which field work

related to planting, cultural practices,

cultivating, growing, and harvesting

would be considered SAS.

As the statutory authority for the

SAW program has expired and Congress

has given no indication that the program

will be reauthorized, USDA believes

that it is appropriate to remove the

implementing regulations.

This regulatory action is being taken

as part of the National Performance

Review program to eliminate

unnecessary regulations and improve

those that remain in force.

List of Subjects in 7 CFR Part 1d

Agriculture, Aliens, Immigration,

Labor, Migrant workers, Rural labor.

PART 1d—[REMOVED]

Accordingly, under the authority of 8

U.S.C. 1160, Part 1d of title 7, subtitle

A, of the Code of Federal Regulations is

removed.

Done at Washington, DC, this 19th day of

January, 1996.

Keith J. Collins,

Chief Economist.

[FR Doc. 96–1293 Filed 1–26–96; 8:45 am]

BILLING CODE 3410–01–M

7 CFR Part 1e

RIN 0503–AA13

Expiration of the Replenishment

Agricultural Worker Program

AGENCY: Office of the Secretary, United

States Department of Agriculture.

ACTION: Final rule.

SUMMARY: This final rule removes the

regulations of the United States

Department of Agriculture (USDA)

relating to additional special

agricultural workers known as

replenishment agricultural workers

(RAWs) under section 210A of the

Immigration and Nationality Act (INA),

as added by section 303 of the

Immigration Reform and Control Act of

1986 (IRCA). Specifically, this final rule

removes the USDA regulations

pertaining to the RAW program as the

program expired at the end of Fiscal

Year 1993.

EFFECTIVE DATE: February 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Al French, USDA, Telephone (202)

720–4737, Internet: alfench@usda.gov.

SUPPLEMENTARY INFORMATION: The INA

was amended by the IRCA (8 U.S.C.

1161) to (1) control illegal immigration

into the United States and (2) make

limited changes in the system for legal

immigration. There was concern during

consideration of the IRCA that

employers in seasonal agricultural

services (SAS), who had come to rely on

unauthorized aliens to perform field

work, would be unable to obtain

sufficient legal workers to satisfy their

needs.

To address this concern, the IRCA

added section 210 to the INA to

establish a program that granted

temporary resident alien status to

special agricultural workers (SAWs)

who could demonstrate that they

performed SAS for at least 90 man-days

during the 12-month period ending May

1, 1986. The definition of SAS is

contained in regulations promulgated by

the Secretary of Agriculture at 7 CFR

Part 1d. The IRCA specifies that

individuals admitted under this

provision would not be required to

continue working in agriculture, and in

fact would be free to seek employment

in any occupation or industry.

Because there was also concern that

large numbers of SAWs would in fact

leave agricultural employment, which

would again cause a shortage or workers

to perform SAS, the IRCA added section

210A to the INA, which provides a

system for admitting additional RAWs.

The number of RAWs who were to be

admitted in any fiscal year (FY),

beginning with FY 1990 and ending

with FY 1993, was the smaller of (1) the

annual numerical limitation established

by formula in section 210A(b) of the

INA, or (2) the shortage number

determined by the Secretary of

Agriculture and the Secretary of Labor

(hereinafter ‘‘the Secretaries’’) in

accordance with the formula in section

210A(a) of the INA. On January 2, 1990,

USDA published in the Federal Register

at 55 FR 106 a final rule that set forth

the procedure to be used by the

Secretaries in determining the shortage

number and the annual numerical

limitation. The criteria under which

individuals may qualify for RAW status

was established by the Immigration and