Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 60165

[FR Doc. 04–22577 Filed 10–6–04; 8:45 am]

BILLING CODE 4160–01–C

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES

Food and Drug Administration

Notice of Listing of Members of the 

Food and Drug Administration’s Senior 

Executive Service Performance Review 

Board

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug 

Administration (FDA) is announcing the 

members of the FDA Performance 

Review Board (PRB). This action is 

intended to ensure that members of the 

PRBs are appointed in a manner that 

provides consistency, stability, and 

objectivity in performance appraisals, 

and that notice of the appointment of 

members of the board be published in 

the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Arlene S. Karr, Rockville Human 

Resources Center, Department of Health 

and Human Services (DHHS), 5600 

Fishers Lane, Rockville, MD 20857, 

301–827–4183.

The following persons will serve on 

FDA’s PRB, which oversees the 

evaluation of performance appraisals of 

FDA’s Senior Executive Service 

members in accordance with 5 U.S.C. 

4314(c)(4): Jeffrey M. Weber, 

Chairperson, Richard Diamond, 

Margaret O’K Glavin,William K. 

Hubbard, Linda Kahan, Michael Landa, 

John Marzilli, Melinda K. Plaisier, Linda 

Tollefson, and Helen Winkle.

Dated: September 30, 2004.

Lester M. Crawford,

Acting Commissioner of Food and Drugs.

[FR Doc. 04–22578 Filed 10–6–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Citizenship and Immigration 

Services 

[CIS No. 2325–04] 

Extension of the Designation of 

Temporary Protected Status for 

Burundi

AGENCY: Bureau of Citizenship and 

Immigration Services, DHS.

ACTION: Notice.

SUMMARY: The Temporary Protected 

Status (TPS) designation for Burundi 

will expire on November 2, 2004. This 

notice extends the Secretary of 

Homeland Security’s designation of 

Burundi for 12 months, until November 

2, 2005, and sets forth procedures 

necessary for nationals of Burundi (or 

aliens having no nationality who last 

habitually resided in Burundi) with TPS 

to re-register and to apply for an 

extension of their employment 

authorization documentation for the 

additional 12-month period. Reregistration is limited to persons who 

registered under the initial designation 


EN07OC04.029</GPH>
60166 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 

(which was announced on November 4, 

1997) and also timely re-registered 

under each subsequent extension of the 

designation; or who registered under the 

re-designation (which was announced 

on November 9, 1999) and also timely 

re-registered under each extension of 

the re-designation. Certain nationals of 

Burundi (or aliens having no nationality 

who last habitually resided in Burundi) 

who previously have not applied for 

TPS may be eligible to apply under the 

late initial registration provisions.

EFFECTIVE DATES: The extension of 

Burundi’s TPS designation is effective 

November 2, 2004, and will remain in 

effect until November 2, 2005. The 60-

day re-registration period begins 

October 7, 2004 and will remain in 

effect until December 6, 2004.

FOR FURTHER INFORMATION CONTACT:

Colleen Cook, Residence and Status 

Services, Office of Programs and 

Regulations Development, Bureau of 

Citizenship and Immigration Services, 

Department of Homeland Security, 425 

I Street, NW., Ullico Building, 3rd Floor, 

Washington, DC 20529, telephone (202) 

514–4754.

SUPPLEMENTARY INFORMATION: 

What Authority Does the Secretary of 

the Department of Homeland Security 

Have To Extend the Designation of TPS 

for Burundi? 

On March 1, 2003, the functions of 

the Immigration and Naturalization 

Service (Service) transferred from the 

Department of Justice (DOJ) to the 

Department of Homeland Security 

(DHS) pursuant to the Homeland 

Security Act of 2002, Public Law 107–

296. The responsibilities for 

administering TPS held by the Service 

were transferred to the Bureau of 

Citizenship and Immigration Services 

(BCIS). 

Under section 244 of the Immigration 

and Nationality Act (Act), 8 U.S.C. 

1254a, the Secretary of DHS, after 

consultation with appropriate agencies 

of the Government, is authorized to 

designate a foreign state or (part thereof) 

for TPS. 8 U.S.C. 1254a(b)(1). The 

Secretary of DHS may then grant TPS to 

eligible nationals of that foreign state (or 

aliens having no nationality who last 

habitually resided in that state). 8 U.S.C. 

1254a(a)(1). 

Section 244(b)(3)(A) of the Act 

requires the Secretary of DHS to review, 

at least 60 days before the end of the 

TPS designation or any extension 

thereof, the conditions in a foreign state 

designated for TPS to determine 

whether the conditions for a TPS 

designation continue to be met and, if 

so, the length of an extension of TPS. 8 

U.S.C. 1254a(b)(3)(A). If the Secretary of 

DHS determines that the foreign state no 

longer meets the conditions for TPS 

designation, he shall terminate the 

designation, as provided in section 

244(b)(3)(B) of the Act. 8 U.S.C. 

1254a(b)(3)(B). Finally, if the Secretary 

of DHS does not determine that a 

foreign state (or part thereof) no longer 

meets the conditions for designation at 

least 60 days before the designation or 

extension is due to expire, section 

244(b)(3)(C) of the Act provides for an 

automatic extension of TPS for an 

additional period of 6 months (or, in the 

discretion of the Secretary of DHS, a 

period of 12 or 18 months). 8 U.S.C. 

1254a(b)(3)(C). 

Why Did the Secretary of DHS Decide 

To Extend the TPS Designation for 

Burundi? 

On November 4, 1997, the Attorney 

General published a notice in the 

Federal Register at 62 FR 59735 

designating TPS for Burundi finding 

that an ongoing armed conflict, and 

temporary and extraordinary conditions 

resulting from such conflict, warranted 

TPS for Burundi. The Attorney General 

extended the initial designation of TPS 

for Burundi by notice published in the 

Federal Register on November 3, 1998 

at 63 FR 59334. The Attorney General 

extended and re-designated TPS for 

Burundi by notice published in the 

Federal Register on November 9, 1999 

at 64 FR 61123, finding that the ongoing 

armed conflict, and temporary and 

extraordinary conditions resulting from 

such conflict, continued to warrant TPS 

for Burundi. The re-designation of TPS 

for Burundi subsequently was extended 

by the Attorney General three times by 

Federal Register notice (65 FR 67404; 

66 FR 46027; 67 FR 55875).

The Secretary of DHS published a 12-

month extension of TPS for Burundi in 

the Federal Register on September 3, 

2003 at 68 FR 52405. This extension 

expires on November 2, 2004. 

Since the date of the most recent 

extension, DHS and the Department of 

State (DOS) have continued to review 

conditions in Burundi. Although some 

progress has been made in the peace 

process, the Secretary of DHS has 

determined that a 12-month extension 

of TPS is warranted because both the 

armed conflict and extraordinary and 

temporary conditions that prompted 

designation persist. Further, the 

Secretary finds that it is not contrary to 

the national interest of the United States 

to permit nationals of Burundi (or aliens 

having no nationality who last 

habitually resided in Burundi) who 

otherwise qualify for TPS to remain 

temporarily in the United States. 8 

U.S.C. 1254a(b)(1)(C). 

DOS observes that progress in 

building a long-term peace has been 

slower than expected. (DOS 

Recommendation (June 30, 2004)). One 

rebel group, the Party for the Liberation 

of the Hutu People-Forces for National 

Liberation (PALIPEHUTU–FNL), 

remains outside of the peace process. 

(BCIS Resource Information Center 

Report (June 29, 2004) (hereinafter RIC 

Report (June 29, 2004)). Fighting 

between the armed forces of Burundi 

and the PALIPEHUTU–FNL, as well as 

between the PALIPEHUTU–FNL and the 

largest former rebel group, the National 

Council for the Defense of DemocracyForces for the Defense of Democracy 

(CNDD–FDD), continues in Bujumbura 

Rural, the region surrounding the 

capital. Id.

The transitional period set forth under 

the Arusha Peace and Reconciliation 

Agreement signed August 28, 2000, is 

coming to an end in late 2004. The 

demobilization of armed groups, not 

including the 3,000-strong 

PALIPEHUTU–FNL, is in its early stages 

at 11 cantonment sites throughout the 

country. Id. The World Bank estimates 

that there are some 55,000 combatants 

to be demobilized. (DOS 

Recommendation (June 30, 2004)). In 

May 2004, the United Nations Security 

Council authorized the United Nations 

Operation in Burundi (ONUB). ONUB 

was deployed in June 2004 and is 

tasked, in part, with helping create the 

security conditions for the provision of 

humanitarian assistance, and to carry 

out the disarmament and 

demobilization portions of the national 

Disarmament, Demobilization and 

Reintegration Programs. Id.

The armed conflict has displaced 

140,000–280,000 persons within 

Burundi and an estimated 800,000 

outside Burundi. (DOS 

Recommendation (June 30,2004); RIC 

Report (June 29, 2004)). Another 

100,000 Burundians are temporarily 

displaced each month. (RIC Report (June 

29, 2004)). 

In spite of the reduction of armed 

conflict, there continue to be reports of 

human rights violations by all parties to 

the conflict. Id. An estimated 250,000–

300,000 people have been killed in the 

conflict in Burundi since 1993. Id.

Nearly 14 percent of the population 

(965,000 people) is in need of 

emergency food and agricultural 

assistance. Id. The number of people 

living below the poverty line doubled 

from 33 percent in 1990 to 67 percent 

in 2003. Id.

Based upon this review, the Secretary 

of DHS, after consultation with 

Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 60167

appropriate government agencies, finds 

that the conditions that prompted TPS 

designation for Burundi continue to be 

met. 8 U.S.C. 1254a(b)(3)(A). The armed 

conflict is ongoing and there are 

extraordinary and temporary conditions 

in Burundi such that it is not safe to 

return nationals of Burundi (or aliens 

having no nationality who last 

habitually resided in Burundi) if these 

aliens meet the statutory and regulatory 

requirements for TPS. 8 U.S.C. 

1254a(b)(1)(A), (C). The Secretary of 

DHS also finds that permitting nationals 

of Burundi (or aliens having no 

nationality who last habitually resided 

in Burundi) who are eligible for TPS to 

remain temporarily in the United States 

is not contrary to the national interest of 

the United States. 8 U.S.C. 

1254a(b)(1)(C). On the basis of these 

findings, the Secretary of DHS 

concludes that the TPS designation for 

Burundi should be extended for an 

additional 12-month period. 8 U.S.C. 

1254a(b)(3)(C). 

If I Currently Have TPS Through the 

Burundi TPS Designation, Do I Still Reregister for TPS? 

Yes. If you already have received TPS 

benefits through the Burundi TPS 

designation, your benefits will expire on 

November 2, 2004. Accordingly, 

individual TPS beneficiaries must 

comply with the re-registration 

requirements described below in order 

to maintain TPS benefits through 

November 2, 2005. TPS benefits include 

temporary protection against removal 

from the United States, as well as 

employment authorization, during the 

TPS designation period and any 

extension thereof. 8 U.S.C. 1254a(a)(1). 

If I Am Currently Registered for TPS, 

How Do I Re-register for an Extension? 

All persons previously granted TPS 

under the Burundi designation who 

wish to maintain such status must apply 

for an extension by filing the following: 

(1) Form I–821, Application for 

Temporary Protected Status, without the 

filing fee; (2) Form I–765, Application 

for Employment Authorization; (3) two 

identification photographs (full face 

frontal 2 inches x 2 inches); and (4) a 

biometrics fee of seventy dollars ($70) 

for each applicant age 14 and older. (See 

the chart below to determine whether 

you must submit the one hundred and 

seventy-five dollar ($175) filing fee with 

Form I–765.) All applicants for TPS 

benefits, including those applying for 

re-registration need to be refingerprinted and thus need to pay the 

seventy dollar ($70) biometric services 

fee. 

An application submitted without the 

required fee and/or photos will be 

returned to the applicant. Submit the 

completed forms and applicable fee, if 

any, to the BCIS District Office having 

jurisdiction over your place of residence 

during the 60-day re-registration period 

that begins October 7, 2004 and ends 

December 6, 2004. An interim 

employment authorization document 

will not be issued unless the Form I–

765, as part of the TPS registration 

package, has been pending with BCIS 

more than 90 days after all requested 

initial evidence has been received, 

including collection of the applicant’s 

fingerprints at an Application Support 

Center (ASC). See 8 CFR 103.2(b)(10)(ii) 

and 8 CFR 274a.13(d).

If: Then: 

You are applying for employment authorization until November 2, 2005 You must complete and file the Form I–765, Application for Employment Authorization, with the $175. 

You already have employment authorization or do not require employment authorization.You must complete and file Form I–765 with no fee.1

You are applying for employment authorization and are requesting a 

fee waiver.

You must complete and file: (1) Form I–765 and (2) a fee waiver request and affidavit (and any other information) in accordance with 8 

CFR 244.20. 

1An applicant who does not seek employment authorization documentation does not need to submit the $175 fee, but must still complete and 

submit Form I–765 for data gathering purposes. 

How Does an Application for TPS 

Affect My Application for Asylum or 

Other Immigration Benefits? 

An application for TPS does not affect 

an application for asylum or any other 

immigration benefit. Denial of an 

application for asylum or any other 

immigration benefit does not affect an 

applicant’s TPS eligibility, although the 

grounds for denying one form of relief 

may also be grounds for denying TPS. 

For example, a person who has been 

convicted of a particularly serious crime 

is not eligible for asylum or TPS. 8 

U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. 

1254a(c)(2)(B)(ii). 

Are Certain Aliens Ineligible for TPS? 

Yes. Individuals who do not meet the 

physical presence and continuous 

residence requirements as explained 

earlier in this notice are ineligible for 

TPS. In addition, there are certain 

criminal and terrorism related 

inadmissibility grounds that apply to 

TPS applicants and would render an 

alien ineligible for TPS. 8 U.S.C. 1254a 

(c)(2)(iii). Further, aliens who have been 

convicted of a felony, or two or more 

misdemeanors, committed in the United 

States and aliens who are described in 

the bars to asylum in Section 208 

(b)(2)(A) of the Act, 8 U.S.C. 

1158(b)(2)(A), are ineligible for TPS. 8 

U.S.C. 1254a (c)(2)(B). 

Can I Apply for Another Immigration 

Benefit While Registered for TPS? 

Yes. Registration for TPS does not 

prevent you from applying for another 

non-immigrant status or from filing for 

adjustment of status based on an 

immigrant petition. 8 U.S.C. 1254a(a)(5). 

TPS alone, however, does not lead to 

adjustment of status. See 8 U.S.C. 

1254a(e), (f)(1), (h). For the purposes of 

change of status and adjustment of 

status, an alien is considered as being 

in, and maintaining, lawful status as a 

nonimmigrant during the period in 

which the alien is granted TPS. 8 U.S.C. 

1254a(f)(4). 

Does This Extension Allow Nationals of 

Burundi (or Aliens Having No 

Nationality Who Last Habitually 

Resided in Burundi) Who Entered the 

United States after November 9, 1999, 

to File for TPS? 

No. This is a notice of an extension of 

TPS, not a notice of re-designation of 

TPS for Burundi. An extension of TPS 

does not change the required dates of 

continuous residence and continuous 

physical presence in the United States. 

This extension does not expand TPS 

availability to those beyond the current 

TPS eligibility requirements of Burundi. 

To be eligible for benefits under this 

extension, nationals of Burundi (or 

aliens having no nationality who last 

habitually resided in Burundi) must 

have been continuously physically 

present and continuously resided in the 

United States since November 9, 1999, 

60168 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 

the date of the most recent redesignation of TPS for Burundi. 

What Is Late Initial Registration? 

Some persons may be eligible for late 

initial registration under 8 U.S.C. 

1254a(c)(1)(A), 8 U.S.C. 1254a(c)(2), and 

8 CFR 244.2. To apply for late initial 

registration an applicant must: 

(1) Be a national of Burundi (or alien 

who has no nationality and who last 

habitually resided in Burundi); 

(2) Have been continuously physically 

present in the United States since 

November 9, 1999; 

(3) Have continuously resided in the 

United States since November 9, 1999; 

and 

(4) Be both admissible as an 

immigrant, except as provided under 

section 244(c)(2)(A) of the Act, and not 

ineligible under section 244(c)(2)(B) of 

the Act. 

Additionally, the applicant must be 

able to demonstrate that during the 

registration period for the initial 

designation (from November 4, 1997 to 

November 3, 1998), or during the 

registration period for the re-designation 

(from November 9, 1999 to November 2, 

2000), he or she: 

(1) Was a nonimmigrant or had been 

granted voluntary departure status or 

any relief from removal; 

(2) Had an application for change of 

status, adjustment of status, asylum, 

voluntary departure, or any relief from 

removal or change of status pending or 

subject to further review or appeal; 

(3) Was a parolee or had a pending 

request for reparole; or 

(4) Was the spouse or child of an alien 

currently eligible to be a TPS registrant. 

An applicant for late initial 

registration must file an application for 

late registration no later than 60 days 

after the expiration or termination of the 

conditions described above. 8 CFR 

244.2(g). 

What Happens When This Extension of 

TPS Expires on November 2, 2005? 

At least 60 days before this extension 

of TPS expires on November 2, 2005, 

the Secretary of DHS will review 

conditions in Burundi and determine 

whether the conditions for TPS 

designation continue to be met at that 

time, or whether the TPS designation 

should be terminated. 8 U.S.C. 

1254a(b)(3)(A). Notice of that 

determination, including the basis for 

the determination, will be published in 

the Federal Register.

Notice of Extension of Designation of 

TPS for Burundi 

By the authority vested in DHS under 

sections 244(b)(1)(A), (b)(1)(C), (b)(3)(A), 

and (b)(3)(C) of the Act, DHS has 

determined, after consultation with the 

appropriate government agencies, that 

the conditions that prompted 

designation of Burundi for TPS continue 

to be met. Accordingly, DHS orders as 

follows: 

(1) The designation of Burundi under 

sections 244(b)(1)(A) and (b)(1)(C) of the 

Act is extended for an additional 12-

month period from November 2, 2004, 

to November 2, 2005. 8 U.S.C. 

1254a(b)(3)(C). 

(2) There are approximately 19 

nationals of Burundi (or aliens having 

no nationality who last habitually 

resided in Burundi) who have been 

granted TPS and who are eligible for reregistration. 

(3) To maintain TPS, a national of 

Burundi (or an alien having no 

nationality who last habitually resided 

in Burundi) who was granted TPS 

during the initial designation period or 

re-designation period must re-register 

for TPS during the 60-day re-registration 

period from October 7, 2004 until 

December 6, 2004. 

(4) To re-register, the applicant must 

file the following: (1) Form I–821, 

Application for Temporary Protected 

Status without fee; (2) Form I–765, 

Application for Employment 

Authorization with fee if work 

authorization is requested; (3) two 

identification photographs (full face 

frontal 2 inches by 2 inches); and (4) a 

biometrics fee of seventy dollars ($70) 

for each applicant age 14 and older. 

Applications submitted without the 

required fee and/or photos will be 

returned to the applicant. If the 

applicant requests employment 

authorization, he or she must submit 

one hundred and seventy-five dollars 

($175) or a properly documented fee 

waiver request, pursuant to 8 CFR 

244.20, with the Form I–765. An 

applicant who does not request 

employment authorization must 

nonetheless file Form I–765 along with 

Form I–821, but is not required to 

submit the fee for filing Form I–765. 

Failure to re-register without good cause 

will result in the withdrawal of TPS. 8 

U.S.C. 1254a(c)(3)(C). Some persons 

who had not previously applied for TPS 

may be eligible for late initial 

registration under 8 CFR 244.2. 

(5) At least 60 days before this 

extension terminates on November 2, 

2005, the Secretary will review the 

designation of TPS for Burundi and 

determine whether the conditions for 

designation continue to be met. 8 U.S.C. 

1254a(b)(3)(A). Notice of that 

determination, including the basis for 

the determination, will be published in 

the Federal Register. Id.

(6) Information concerning the 

extension of designation of Burundi for 

TPS will be available at local BCIS 

offices upon publication of this notice 

and on the BCIS Web site at http://

uscis.gov.

Dated: September 2, 2004. 

Tom Ridge, 

Secretary of Homeland Security.

[FR Doc. 04–22706 Filed 10–6–04; 8:45 am] 

BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Citizenship and Immigration 

Services 

[CIS No. 2322–04] 

Extension and Re-designation of 

Temporary Protected Status for Sudan

AGENCY: Bureau of Citizenship and 

Immigration Services, DHS.

ACTION: Notice.

SUMMARY: The Temporary Protected 

Status (TPS) designation for Sudan will 

expire on November 2, 2004. This notice 

extends the Secretary of Homeland 

Security’s designation of Sudan for 12 

months until November 2, 2005, and 

sets forth procedures necessary for 

nationals of Sudan (or aliens having no 

nationality who last habitually resided 

in Sudan) with TPS to re-register and to 

apply for an extension of their 

employment authorization 

documentation for the additional 12-

month period. Re-registration is limited 

to persons who registered under the 

initial designation (which was 

announced on November 4, 1997) and 

also timely re-registered under each 

subsequent extension of the designation; 

or who registered under the redesignation (which was announced on 

November 9, 1999) and also timely reregistered under each extension of the 

re-designation. This notice also redesignates Sudan for TPS. To register 

for the first time under the redesignation, eligible nationals of Sudan 

(or aliens having no nationality who last 

habitually resided in Sudan) must have 

been continuously physically present 

and continuously resided in the United 

States since October 7, 2004.

EFFECTIVE DATES: The extension of 

Sudan’s TPS designation is effective 

November 2, 2004, and will remain in 

effect until November 2, 2005. The 60-

day re-registration period begins 

October 7, 2004 and will remain in 

effect until December 6, 2004. The redesignation of Sudan for TPS also is 

effective November 2, 2004, and will