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keep PART 40—REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED 22-CFR-40 · 1991
Summary

Provides definitions and interpretive guidance for consular officers implementing Immigration and Nationality Act provisions related to visa eligibility, inadmissibility grounds, waivers, and procedural requirements.

Reason

This is purely interpretive guidance clarifying existing statutory requirements, not substantive regulation creating new costs. Deleting it would introduce legal uncertainty and inconsistency in visa adjudication, increasing transaction costs through unpredictable outcomes and potential litigation. The underlying statutory restrictions would remain, but without this guidance, consular officers would lack uniform standards, undermining rule of law and creating arbitrary enforcement that harms both applicants and American individuals/businesses relying on predictable visa processing.

delete PART 3—PRODUCT JURISDICTION 21-CFR-3 · 1991
Summary

FDA internal procedural rule determining which agency center (drugs, devices, biologics) has primary jurisdiction over combination products. Uses 'primary mode of action' test, creates Office of Combination Products to issue Letters of Designation, and sets 60-day review timeline with reconsideration process.

Reason

It administers unconstitutional federal overreach into medical innovation. Premarket approval requirements exceed Commerce Clause authority and violate Tenth Amendment federalism. This regulation adds a bureaucratic layer and procedural compliance burden while perpetuating FDA's monopoly. The 'primary mode of action' framework is an artificial construct that doesn't address the fundamental problem: the federal government should not license medical combinations at all. Markets can determine safety through liability regimes and private certification, avoiding this costly machinery and its unintended consequences like delayed innovation and regulatory capture.

delete PART 367—RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY ADMINISTRATIVE OFFSET 20-CFR-367 · 1991
Summary

Establishes procedures for federal administrative offset of debts under Debt Collection Act of 1982 and 1996 amendments, allowing agencies to withhold payments from debtors to collect claims, with Treasury Offset Program coordination and due process requirements.

Reason

Enables executive seizure of private property without pre-deprivation judicial review, creating unacceptable due process risks and market distortions that outweigh administrative efficiency benefits.

delete PART 330—DETERMINATION OF DAILY BENEFIT RATES 20-CFR-330 · 1991
Summary

Provides unemployment and sickness benefits to railroad workers at 60% of their last railroad employment daily rate, capped at a maximum amount that adjusts annually based on compensation base formula. Employees can self-report rates if employers don't, with verification procedures and minimum benefit guarantees.

Reason

Creates a separate unemployment insurance system for railroad workers that duplicates existing federal unemployment programs, adding unnecessary administrative complexity and compliance costs while distorting labor market incentives. Railroad workers already pay into standard unemployment insurance through taxes on their employers.

delete PART 323—NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE 20-CFR-323 · 1991
Summary

This regulation defines nongovernmental plans for unemployment/sickness insurance that supplement Railroad Unemployment Insurance Act benefits without being considered remuneration. It establishes approval procedures, coordination requirements, and benefit limitations for employer-sponsored supplemental benefit plans.

Reason

This creates a complex regulatory framework that distorts labor markets by encouraging employers to establish parallel benefit systems rather than direct compensation, adds bureaucratic compliance costs, and represents federal overreach into employment benefit structures that should be determined by market forces and individual contracts.

delete PART 302—QUALIFIED EMPLOYEE 20-CFR-302 · 1991
Summary

Regulation implements the Railroad Unemployment Insurance Act by setting eligibility thresholds (2.5x monthly compensation base in base year), defining compensation exclusions, establishing accelerated benefit year for long-tenured workers, and outlining employer reporting requirements to the Railroad Retirement Board.

Reason

Compulsory unemployment/sickness insurance imposes hidden costs: compliance burdens on railroads, moral hazard reducing personal responsibility, higher labor costs passed to consumers, and bureaucratic expansion. Private markets can provide these benefits voluntarily without coercion, respecting individual liberty and avoiding the unseen consequences of dependency and market distortion.

delete PART 220—DETERMINING DISABILITY 20-CFR-220 · 1991
Summary

This regulation establishes a separate disability determination system for railroad workers under the Railroad Retirement Act, including complex evaluation processes, trial work periods, and coordination with Social Security disability standards.

Reason

This creates a costly parallel bureaucracy that duplicates Social Security's functions while providing preferential treatment to railroad workers. The extensive regulatory framework imposes significant compliance costs, creates perverse work incentives, and represents special interest legislation that violates equal treatment under the law. Railway workers should be subject to the same disability system as all other Americans, eliminating this wasteful bureaucratic duplication.

delete PART 216—ELIGIBILITY FOR AN ANNUITY 20-CFR-216 · 1991
Summary

This regulation governs eligibility requirements for Railroad Retirement Board annuities, including age and service requirements, work restrictions, and definitions of employment types. It establishes complex rules for determining eligibility for regular, supplemental, disability, and survivor annuities for railroad workers and their families, with detailed tests for 'current connection' to the railroad industry and provisions governing post-retirement work.

Reason

This represents federal overreach into industry-specific pension administration that should be handled by states or the private sector. The Railroad Retirement Board is an unnecessary federal bureaucracy creating a privileged system for railroad workers at taxpayer expense, distorting labor markets by encouraging early retirement. The complex eligibility rules create compliance burdens while delivering benefits no different in principle from Social Security but with additional administrative overhead. Pension systems for specific industries are not a proper enumerated federal function under the Constitution and constitute an unwarranted expansion of federal power that violates Tenth Amendment principles of federalism.

delete PART 290—GENERAL RULES AND REGULATIONS PURSUANT TO SECTION 9(a) OF THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT ACT 17-CFR-290 · 1991
Summary

Requires the European Bank for Reconstruction and Development (EBRD) to file quarterly and annual financial reports, as well as detailed distribution reports when selling securities in the U.S., with the SEC.

Reason

Imposes significant compliance costs on a foreign multilateral bank, ultimately borne by its borrowers and operations, for marginal benefit to U.S. investors who are typically sophisticated institutions capable of independent due diligence. The regulation extends SEC oversight unnecessarily to foreign entities and should be eliminated to reduce bureaucratic burden.

delete PART 289—GENERAL RULES AND REGULATIONS PURSUANT TO SECTION 13(a) OF THE INTERNATIONAL FINANCE CORPORATION ACT 17-CFR-289 · 1991
Summary

Regulation requiring the International Finance Corporation (IFC) to file quarterly and annual financial reports with the SEC, plus detailed disclosure documents when distributing securities in U.S. markets, including terms, distribution plans, compensation, expenses, and use of proceeds.

Reason

Imposes significant compliance costs on an international entity, potentially discouraging access to U.S. capital markets and reducing investment opportunities for Americans. Discourages foreign participation, distorts capital formation, and may exceed constitutional authority over extraterritorial regulation without clear commensurate benefits.

delete PART 1502—PROCEDURES FOR FORMAL EVIDENTIARY PUBLIC HEARING 16-CFR-1502 · 1991
Summary

Establishes procedures for formal evidentiary hearings on Federal Hazardous Substances Act and related regulations, including filing objections, requesting hearings, prehearing conferences, and hearing conduct rules.

Reason

Creates unnecessary bureaucratic complexity for regulatory appeals that could be handled through simpler administrative processes, adding compliance costs without clear consumer safety benefits.

delete PART 1061—APPLICATIONS FOR EXEMPTION FROM PREEMPTION 16-CFR-1061 · 1991
Summary

This regulation establishes procedures for state and local governments to apply to the Consumer Product Safety Commission for exemption from federal preemption of their product safety requirements. It defines eligibility criteria, application contents (including evidence of higher protection, feasibility analysis, and impact on interstate commerce), and the Commission's review process with notice-and-comment.

Reason

Implements a federal preemption regime violating Tenth Amendment federalism and subsidiarity. Creates costly bureaucratic hurdles that deter state innovation in safety standards, centralizing knowledge and protecting inferior federal rules from competition. Unseen effects: suppresses policy experimentation, raises compliance costs, and entrenches the administrative state against free enterprise.

delete PART 273—METRIC CONVERSION POLICY FOR FEDERAL AGENCIES 15-CFR-273 · 1991
Summary

This regulation directs federal agencies to transition to metric measurement in procurements, grants, and business activities, with exemptions for economic infeasibility. It requires planning, reporting, coordination via NIST and interagency committees, and consideration of effects on small business and state/local governments.

Reason

Imposes compliance costs and bureaucratic overhead without addressing a market failure. The hybrid US measurement system functions adequately; voluntary adoption suffices. Federal mandate usurps state/local authority under Tenth Amendment and distorts business decisions.

keep PART 247—DIRECT AIRPORT-TO-AIRPORT MILEAGE RECORDS 14-CFR-247 · 1991
Summary

Designates the Bureau of Transportation Statistics' direct airport-to-airport mileage record as the official standard for all mileage determinations under 49 U.S.C. Subtitle VII and related DOT rules, ensuring consistency.

Reason

Without an official mileage record, agencies and regulated parties might use differing measurements, causing inconsistent application of transportation regulations, increased disputes, and higher compliance costs. This regulation efficiently achieves uniformity by adopting an existing authoritative database—a solution that would be difficult to replicate without centralized standards.

keep PART 170—ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR TRAFFIC CONTROL SERVICES AND NAVIGATIONAL FACILITIES 14-CFR-170 · 1991
Summary

This regulation establishes criteria for the establishment and discontinuance of Airport Traffic Control Towers (ATCTs) and air navigation facilities. It requires airports to be publicly accessible, part of the National Plan of Integrated Airport Systems, provide land at no cost, and meet a benefit-cost ratio of at least 1.0 to qualify for a tower. Discontinuance occurs when remaining life-cycle costs exceed remaining benefits.

Reason

Air traffic control is a classic public good requiring centralized coordination to prevent mid-air collisions—a harm to innocents that markets cannot reliably avoid. The regulation already incorporates sound economic principles through its benefit-cost test, ensuring towers operate only when benefits justify costs. Deleting it would create a patchwork of inconsistent standards, potentially leaving critical airspace without coordinated traffic management, jeopardizing the safe, orderly flow that enables the entire national aviation system. The federal role is constitutionally grounded in regulating interstate commerce, and this regulation constrains agency discretion rather than expanding it.