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 

Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 60169

remain in effect until November 2, 2005. 

The 180-day registration period begins 

October 7, 2004 and will remain in 

effect until April 5, 2005.

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 and Re-designate TPS 

for Sudan? 

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, Pub. L. 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). 

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). 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 of such designation, 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 and Re-designate TPS for 

Sudan? 

On November 4, 1997, the Attorney 

General published a notice in the 

Federal Register at 62 FR 59737 

designating Sudan for TPS. The initial 

designation was extended for twelve 

months by notice published in the 

Federal Register on November 3, 1998 

at 63 FR 59337. The Attorney General 

re-designated Sudan for TPS by a notice 

published in the Federal Register on 

November 9, 1999 at 64 FR 61128. The 

re-designation of TPS for Sudan 

subsequently was extended by the 

Attorney General three times by Federal 

Register notice (65 FR 67407, 66 FR 

46031 and 67 FR 55877). The last 

extension of TPS for Sudan by the 

Attorney General was published in the 

Federal Register on August 30, 2002 at 

67 FR 55877. 

The Secretary of Homeland Security 

published a 12-month extension of TPS 

for Sudan by publishing a notice in the 

Federal Register on September 3, 2003 

at 68 FR 52410. 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 Sudan. Although some 

progress has been made in the peace 

negotiations for the North-South 

conflict, the Secretary of DHS has 

determined that a 12-month extension is 

warranted because the armed conflict in 

Sudan continues. Likewise, the 

extraordinary and temporary conditions 

resulting from Sudan’s North-South 

civil war persist. 8 U.S.C. 

1254a(b)(1)(A), (C). Further, the 

Secretary finds that it is not contrary to 

the national interest of the United States 

to permit nationals of Sudan (or aliens 

having no nationality who last 

habitually resided in Sudan) who 

otherwise qualify for TPS to remain 

temporarily in the United States. 8 

U.S.C. 1254a(b)(1)(C). The Secretary of 

DHS has also determined that Sudan be 

re-designated for TPS based on the 

intensification of the armed conflict in 

the Darfur region of Sudan. 

Both DOS and the BCIS Resource 

Information Center note that a 

framework peace agreement between the 

Government of Sudan and the Sudan 

People’s Liberation Army (SPLA) was 

signed in June 2004. (DOS 

Recommendation (June 24, 2004) and 

BCIS Resource Information Center 

Report (June 30, 2004), (hereinafter RIC 

Report (June 30, 2004)). In spite of that 

progress, the North-South civil war 

continues without a comprehensive 

peace agreement to end the civil war. 

(DOS Recommendation (June 24, 2004)). 

Fighting continues between the SPLA 

and southern militias. (RIC Report (June 

30, 2004). Renewed fighting caused the 

displacement of 70,000 people in south 

Sudan’s Shilluk Kingdom. Id. The 20-

year old conflict is estimated to have 

killed 2 million people, internally 

displaced 4.5 million people, and sent 

over 600,000 refugees into neighboring 

countries. (DOS Recommendation (June 

24, 2004)). 

In addition to the North-South 

conflict, the conflict in the western 

region of Darfur has intensified. Up to 

30,000 civilians have been killed. (RIC 

Report (June 30, 2004)). Up to one 

million people have been displaced 

from their homes in Darfur and over 

100,000 have fled to neighboring Chad. 

Id. One million civilians in Darfur 

remain beyond the reach of aid workers 

due to the ongoing conflict. Id. Reports 

of killings, rapes, beatings, looting and 

burning of property throughout the 

Darfur region continue. (DOS 

Recommendation (June 24, 2004)).

Based upon this review, the Secretary 

of DHS, after consultation with 

appropriate government agencies, finds 

that the conditions that prompted 

designation of Sudan for TPS 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 Sudan such that it is not safe to 

return nationals of Sudan (or aliens 

having no nationality who last 

habitually resided in Sudan) 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 Sudan (or aliens having no 

nationality who last habitually resided 

in Sudan) 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 

Sudan should be extended for an 

additional 12-month period and that 

Sudan should be re-designated for TPS. 

8 U.S.C. 1254a(b)(3)(C), 1254a(b)(1)(A). 

If I Currently Have TPS Through the 

Sudan TPS Designation, Do I Still Reregister for TPS? 

Yes. If you already have received TPS 

benefits through the Sudan 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 their TPS benefits through 

November 2, 2005. TPS benefits include 

60170 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 

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 Sudan 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 or 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 to an applicant 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), 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 fee. 

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. 

Does this extension allow nationals of 

Sudan (or aliens having no nationality 

who last habitually resided in Sudan) 

who entered the United States after 

November 9, 1999, to file for TPS? 

Yes. This notice re-designates Sudan 

for TPS based on the ongoing armed 

conflict in the Darfur region. To register 

for TPS under this re-designation 

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.

If I Am Not Currently Registered for 

TPS, How Do I Register Under the Redesignation? 

First-time applicants for TPS may 

register under the re-designation by 

filing the following: (1) Form I–821, 

Application for Temporary Protected 

Status, with the fifty dollar ($50) filing 

fee; (2) Form I–765, Application for 

Employment Authorization; (3) two 

identification photographs (full face 

frontal 2 inches × 2 inches); (4) 

supporting evidence as required to 

establish eligibility for TPS benefits as 

provided in 8 CFR 244.9; and (5) a 

biometrics fee of seventy dollars ($70) 

for each applicant over the age of 14. 

(See the chart below to determine 

whether you must submit the one 

hundred and seventy five dollar ($175) 

filing fee with Form I–765). 

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 180-day registration period 

that begins October 7, 2004 and ends 

April 5, 2005. An interim employment 

authorization document will not be 

issued to an applicant 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), 

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 fee if you are between the ages 

14 and 65 (inclusive) 

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. 

Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 60171

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), 

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 under 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. 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). 

What Happens When this Extension 

and Re-designation of TPS Expire on 

November 2, 2005? 

At least 60 days before the extension 

and re-designation of TPS expire on 

November 2, 2005, the Secretary of DHS 

will review conditions in Sudan 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 and Re-designation 

of TPS for Sudan 

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 Sudan for TPS continue 

to be met. Accordingly, DHS orders as 

follows: 

(1) The designation of Sudan 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) Sudan is re-designated for TPS 

under section 244(b)(1)(A) of the Act. 8 

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

(3) There are approximately 449 

nationals of Sudan (or aliens having no 

nationality who last habitually resided 

in Sudan) who have been granted TPS 

and who are eligible for re-registration. 

(4) It is estimated that there are fewer 

than 1,500 nationals of Sudan (or aliens 

having no nationality who last 

habitually resided in Sudan) who are 

not currently registered for TPS, but 

who may be eligible for TPS under this 

re-designation. 

(5) To maintain TPS, a national of 

Sudan (or an alien having no nationality 

who last habitually resided in Sudan) 

who was granted TPS during the initial 

designation period or re-designation 

period must re-register for TPS under 

the extension during the 60-day reregistration period from October 7, 2004 

until December 6, 2004. 

(6) To re-register under the extension, 

the applicant must file the following: (1) 

Form I–821, Application for Temporary 

Protected Status; (2) Form I–765, 

Application for Employment 

Authorization; (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. There is no fee for filing a 

Form I–821 for re-registration. 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. Failure to re-register 

without good cause will result in the 

withdrawal of TPS. 8 U.S.C. 

1254a(c)(3)(C). 

(7) To register for TPS under the redesignation, a national of Sudan (or 

alien having no nationality who last 

habitually resided in Sudan) who has 

been continuously physically present 

and continuously resided in the United 

States since October 7, 2004 must 

register for TPS during the 180-day 

registration period from October 7, 2004 

until April 5, 2005. Only aliens who 

have not already been granted TPS 

pursuant to the TPS designation for 

Sudan, and whose status has not been 

withdrawn, may apply for TPS under 

the re-designation. 

(8) To register under the redesignation, the applicant must file the 

following: (1) Form I–821, Application 

for Temporary Protected Status, with 

fee; (2) Form I–765, Application for 

Employment Authorization; (3) two 

identification photographs (full face 

frontal 2 inches by 2 inches); (4) 

supporting evidence as required to 

establish eligibility for TPS benefits as 

provided in 8 CFR 244.9; and (5) a 

biometrics fee of seventy dollars ($70) 

for each applicant over age 14. 

Applications submitted without the 

required fee and/or photos will be 

returned to the applicant. If the 

applicant is between the ages of 14 and 

65 (inclusive) and 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 the 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). 

(9) At least 60 days before this 

extension and re-designation terminates 

on November 2, 2005, the Secretary will 

review the designation of Sudan for TPS 

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. 8 U.S.C. 

1254a(b)(3)(A). 

(10) Information concerning the 

extension of designation of Sudan for 

TPS will be available at local BCIS 

offices upon publication of this notice 

and on the BCIS Web site at http://

uscis.gov.

60172 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 

Dated: September 2, 2004. 

Tom Ridge, 

Secretary of Homeland Security.

[FR Doc. 04–22707 Filed 10–6–04; 8:45 am] 

BILLING CODE 4410–10–P

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4914-N–04] 

Mortgagee Review Board; 

Administrative Actions

AGENCY: Office of the Assistant 

Secretary for Housing-Federal Housing 

Commissioner, HUD.

ACTION: Notice.

SUMMARY: In compliance with section 

202(c) of the National Housing Act, this 

notice advises of the cause and 

description of administrative actions 

taken by HUD’s Mortgagee Review 

Board against HUD-approved 

mortgagees.

FOR FURTHER INFORMATION CONTACT:

David E. Hintz, Acting Secretary to the 

Mortgagee Review Board, 451 Seventh 

Street, SW., Washington, DC 20410–

8000, telephone: (202) 708–3856, 

extension 3594. A Telecommunications 

Device for Hearing- and SpeechImpaired Individuals (TTY) is available 

at (800) 877–8339 (Federal Information 

Relay Service).

SUPPLEMENTARY INFORMATION: Section 

202(c)(5) of the National Housing Act 

(added by section 142 of the Department 

of Housing and Urban Development 

Reform Act of 1989, Pub. L. 101–235, 

approved December 15, 1989), requires 

that HUD ‘‘publish a description of and 

the cause for administrative action 

against a HUD-approved mortgagee’’ by 

the Department’s Mortgagee Review 

Board (Board). In compliance with the 

requirements of section 202(c)(5), this 

notice advises of administrative actions 

that have been taken by the Board from 

February 1, 2003 to July 31, 2004. 

1. Accent Mortgage Services, Inc., 

Alpharetta, GA [Docket No. 03–3219–

MR] 

Action: Settlement Agreement signed 

March 26, 2004. Without admitting fault 

or liability, Accent Mortgage Services, 

Inc. (AMS) agreed to pay a civil money 

penalty in the amount of $75,000. 

Cause: The Board took this action 

based on the following violations of 

HUD and Federal Housing 

Administration (HUD/FHA) 

requirements in origination of HUD/

FHA-insured loans where AMS: allowed 

non-HUD/FHA approved entities to 

originate and process HUD/FHAinsured loans that were registered with 

HUD, as loans originated and processed 

by AMS; and entered into prohibited 

branch agreements with its branch 

managers. 

2. Advantage Investors Mortgage 

Corporation, Dallas, TX [Docket No. 

01–1447–MR] 

Action: Settlement Agreement signed 

September 15, 2003. Without admitting 

fault or liability, Advantage Investors 

Mortgage Corporation (AIM) agreed to 

pay a civil money penalty in the amount 

of $247,500. AIM also agreed to 

indemnify HUD for any losses incurred 

on 29 loans. 

Cause: The Board took this action 

based on the following violations of 

HUD/FHA requirements in origination 

of HUD/FHA-insured loans where AIM: 

Failed to verify the source and adequacy 

of funds required for closing and/or to 

pay off debts; failed to adequately verify 

employment and/or used false and/or 

inaccurate income to qualify 

mortgagors; failed to include or 

determine all of the mortgagor’s 

liabilities and/or the liabilities of the 

non-purchasing spouse in mortgage 

qualification; failed to resolve 

outstanding delinquent federal debt; 

failed to obtain required inspections 

and/or certifications relating to property 

eligibility; failed to recalculate the 

maximum mortgage amount at closing 

resulting in an over-insured mortgage; 

failed to resolve or clarify important file 

discrepancies; charged mortgagors 

excessive or unallowable fees; failed to 

retain the entire case file for a minimum 

period of two years from the date of 

insurance endorsement; and failed to 

report fraud to HUD. 

3. Alliance Mortgage Banking 

Corporation, Levittown, NY [Docket No. 

01–1571–MR] 

Action: Settlement Agreement signed 

September 17, 2003. Without admitting 

fault or liability, Alliance Mortgage 

Banking Corporation (AMB) agreed to 

pay an administrative payment in the 

amount of $500,000. AMB also agreed to 

indemnify HUD for any losses incurred 

on three loans. 

Cause: The Board took this action 

based on the following violations of 

HUD/FHA requirements in origination 

of HUD/FHA-insured loans where AMB: 

Failed to identify and/or resolve false or 

conflicting documentation prior to 

approving HUD/FHA mortgagors; failed 

to obtain sufficient documentation to 

verify the source and adequacy of funds 

for the downpayment and/or closing 

costs; approved a loan where the 

appraiser’s estimate of the market value 

of the property was significantly 

inflated; and failed to establish a quality 

control plan that conforms with HUD/

FHA requirements. 

4. Amera Mortgage Corporation, 

Farmington Hills, MI [Docket No. 03–

3442–MR] 

Action: Settlement Agreement signed 

July 20, 2004. Without admitting fault or 

liability, Amera Mortgage Corporation 

(AMC) agreed to pay an administrative 

payment in the amount of $43,000. 

AMC also agreed to indemnify HUD for 

any losses incurred on two loans. 

Cause: The Board took this action 

based on the following violations of 

HUD/FHA requirements in origination 

of HUD/FHA-insured loans where AMC: 

Failed to ensure that their employees 

worked exclusively for AMC; failed to 

pay all operating expenses for branch 

and satellite offices; failed to ensure 

their branch managers only managed 

one branch; shared branch office space 

with another entity; failed to properly 

notify HUD of its corporate changes; 

failed to properly verify the source and 

adequacy of funds used for 

downpayment and closing costs; 

charged borrowers fees which are not in 

compliance with HUD/FHA 

requirements; and failed to guarantee an 

interest rate and/or discount points at 

least 15 days prior to the date the loan 

closed. 

5. American Union Mortgage, Inc., 

Sandy, UT [Docket No. 02–1873–MR] 

Action: Settlement Agreement signed 

May 14, 2004. Without admitting fault 

or liability, American Union Mortgage, 

Inc. (AUM) agreed to a pay civil money 

penalty in the amount of $150,000. 

Cause: The Board took this action 

based on the following violations of 

HUD/FHA requirements in origination 

of HUD/FHA-insured loans where 

AUM: Accepted loans originated by 

personnel not employed by or not 

exclusively employed by AUM; signed 

false lender certifications contained in 

the Addendum to Uniform Residential 

Loan Applications; and failed to 

implement and maintain a quality 

control plan in compliance with HUD/

FHA requirements.

6. ARC Mortgage, Inc., Saddlebrook, NJ 

[Docket No. 03–3124–MR] 

Action: Settlement Agreement signed 

April 14, 2004. Without admitting fault 

or liability, ARC Mortgage, Inc. (ARC) 

agreed to pay an administrative 

payment in the amount of $40,500. ARC 

also agreed to indemnify HUD for any 

losses incurred on six loans. 

Cause: The Board took this action 

based on the following violations of 

HUD/FHA requirements in origination