30438 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices

was unintentional, that prompt action

was taken to remedy the breach, and

that neither the client nor any other

non-signatory of the APO actually read

the document. The Commission

determined that the other attorneys on

the APO, including the lead attorney,

did not breach the APO because they

did not participate in the breach.

IV. Investigations in Which No Breach

Was Found

During 1999, the Commission

completed two investigations in which

no breach was found.

Case 1. An attorney in an

investigation filed a public version of a

document which contained bracketed

but unredacted information. The

bracketed information consisted of

citations to submissions by two parties

to the investigation which were

contained in a footnote of the document.

The Commission determined that the

attorney did not breach the APO by

failing to redact the information because

the information revealed was publicly

available, and the only information

which could be inferred from the

citations was otherwise publicly

available.

Case 2. An attorney in an

investigation obtained under an APO

release of documents a copy of a

telephone note containing a summary of

a conversation between a Commission

employee and an employee of the

Department of Commerce (Commerce).

The attorney called the Commerce

employee and discussed the contents of

the note with him. The Commerce

employee advised the Commission

employee of his concern that the

attorney’s call involved a possible

breach of the APO. The Commission

determined that the attorney did not

breach the APO because the Commerce

employee was the person who provided

the BPI to the Commission, and an

attorney’s discussion of information

released under the APO with the person

or agency from whom the BPI was

obtained is permissible.

Issued: May 5, 2000.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–11878 Filed 5–10–00; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2065–00; AG Order No. 2302–2000]

RIN 1115–AE26

Extension of Designation of Honduras

Under Temporary Protected Status

Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: This notice extends the

Attorney General’s designation of

Honduras under the Temporary

Protected Status (TPS) program until

July 5, 2001. Eligible nationals of

Honduras (or aliens having no

nationality who last habitually resided

in Honduras) may re-register for TPS

and an extension of employment

authorization. Re-registration is limited

to persons who registered during the

initial registration period, which ended

on August 20, 1999, or who registered

after the date under the late initial

registration provision. Persons who are

eligible for late initial registration may

register for TPS during this extension.

EFFECTIVE DATES: The extension of the

TPS designation for Honduras is

effective July 6, 2000, and will remain

in effect until July 5, 2001. The 30-day

re-registration period begins May 11,

2000 and will remain in effect until June

12, 2000.

FOR FURTHER INFORMATION CONTACT:

Michael Hardin, Residence and Status

Services Branch, Adjudications,

Immigration and Naturalization Service,

Room 3214, 425 I Street, NW.,

Washington, DC 20536, telephone (202)

514–4754.

SUPPLEMENTARY INFORMATION: 

What Authority Does the Attorney

General Have To Extend the

Designation of Honduras Under the TPS

Program?

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

Immigration and Nationality Act (Act)

states that at least 60 days before the

end of an extension or a designation, the

Attorney General must review

conditions in the designated foreign

state. 8 U.S.C. 1254a(b)(3)(A). If the

Attorney General determines that the

foreign state continues to meet the

conditions for designation, the period of

designation is extended, pursuant to

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

1254a(b)(3)(C). Through such an

extension, TPS is available only to

persons who have been continuously

physically present since January 5,

1999, and have continuously resided in

the United States from December 30,

1998.

Why Did the Attorney General Decide

to Extend the TPS Designation for

Honduras?

On January 5, 1999, the Attorney

General initially designated Honduras

for TPS for a period of 18 months. 64

FR 524 (Jan. 5, 1999). The Departments

of State and Justice have recently

reviewed conditions within Honduras.

The review resulted in a consensus that

a 12-month extension is warranted. The

reasons for the extension are explained

in a State Department memorandum

that states: ‘‘The conditions which led

to the original designation are less

severe, but continue to cause substantial

disruption to living conditions in

Honduras.’’ The memorandum also

states that ‘‘[a]ccording to best

estimates, roughly half of the

destruction in Honduras remains

unaddressed, and 12,000 people remain

homeless while many more are in

temporary shelters.’’

The State Department memorandum

concludes that reconstruction efforts

should make significant progress during

the 2000 calendar year. An Immigration

and Naturalization Service

memorandum concurs with the State

Department, finding that Honduras has

made little progress in recovering from

Hurricane Mitch and that the minor

reconstruction that has taken place has

not sufficiently countered the

devastation to warrant the termination

of TPS. For example, the memorandum

reports that ‘‘[i]n many cases, survivors

of Mitch are in the same situation they

were in a year ago with estimates of

between 30,000 and 250,000 remaining

in temporary shelters surviving on

provisions from the World Food

Program.’’

Based on these recommendations, the

Attorney General finds the situation in

Honduras meets the conditions for

extension under section 244(b)(3)(C) of

the Act. 8 U.S.C. 1254a(b)(3)(C). There

continues to be a substantial, but

temporary, disruption of living

conditions in Honduras as a result of

environmental disaster, and Honduras

continues to be unable, temporarily, to

handle adequately the return of its

nationals. 8 U.S.C. 1254a(b)(1)(B)(i)–(ii).

Therefore, the review failed to show that

country conditions have improved to a

degree that supports termination. Even

in cases where conditions have

improved, the Act provides for

automatic extension in the absence of a

determination by the Attorney General

that country conditions no longer

support a TPS designation. Since the

Attorney General did not determine that

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices 30439

the conditions in Honduras no longer

warrant TPS, the designation is

automatically extended.

On the basis of these findings, an

extension of the TPS designation for

Honduras is warranted for an additional

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

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

If I Currently Have TPS, How Do I

Register for an Extension?

Only persons previously granted TPS

or those with pending applications

under the initial Honduras designation

may apply for an extension by filing a

Form I–821, Application for Temporary

Protected Status, without the fee, during

the re-registration period that begins

May 11, 2000 and ends June 12, 2000.

Additionally, you must file a Form I–

765, Application for Employment

Authorization. See the chart below to

determine whether you must submit the

one-hundred dollar ($100) filing fee

with the Form I–765.

CHART 1

If Then

You are applying for

employment authorization through July

5, 2001.

You must complete

and file the Form I–

765, Application for

Employment Authorization, with the

one-hundred dollar

($100) fee.

You already have employment authorization or do not require employment

authorization.

You must complete

and file the Form I–

765 with no fee.

You are applying for

employment authorization and are requesting a fee

waiver.

You must complete

and file the Form I–

765, a fee waiver

request, and the

requisite affidavit

(and any other information), in accordance with 8

CFR 244.20.

To re-register for TPS, you also must

include two identification photographs

(11⁄2′′ x 11⁄2′′).

Is Late Initial Registration Possible?

Yes. In addition to timely reregistration, late initial registration is

possible for some persons from

Honduras under 8 CFR 244.2(f)(2). Late

initial registration applicants must meet

the following requirements:

• Be a national of Honduras (or an

alien having no nationality who last

habitually resided in Honduras);

• Have been continuously physically

present in the United States since

January 5, 1999;

• Have continuously resided in the

United States since December 30, 1998;

and

• Be 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

initial registration period from January

5, 1999, through July 5, 1999, he or she:

• Was in valid nonimmigrant status,

or had been granted voluntary departure

status or any relief from removal;

• Had an application for change of

status, adjustment of status, asylum,

voluntary departure, or any relief from

removal pending or subject to further

review or appeal;

Was a parolee or has a pending

request for reparole; or

Was the spouse or child of an alien

currently eligible to be a TPS registrant.

8 CFR 244.2(f)(2).

An applicant for late initial

registration must register no later than

sixty (60) days from the expiration or

termination of the qualifying condition.

8 CFR 244.2(g).

Where Should I File for an Extension of

TPS?

Persons seeking to register for an

extension of TPS must submit an

application and accompanying materials

to the Immigration and Naturalization

Service’s Service Center that has

jurisdiction over the applicant’s place of

residence.

If you live in Connecticut, Delaware,

the District of Columbia, Maine,

Maryland, Massachusetts, New

Hampshire, New Jersey, New York,

Pennsylvania, Puerto Rico, Rhode

Island, Vermont, Virginia, West

Virginia, or in the U.S. Virgin Islands,

please mail your application to:

Vermont Service Center, ATTN: TPS, 75

Lower Welden Street, St. Albans, VT

05479.

If you live in Arizona, California,

Guam, Hawaii or Nevada, please mail

your application to: California Service

Center, ATTN: TPS, 24000 Avila Road,

2nd Floor Laguna Niguel, CA 92677–

8111.

If you live in Alabama, Arkansas,

Florida, Georgia, Kentucky, Louisiana,

Mississippi, New Mexico, North

Carolina, Oklahoma, South Carolina,

Tennessee, or Texas, please mail your

application to: Texas Service Center,

P.O. Box 850997, Mesquite, TX 75185–

0997.

If you live elsewhere in the United

States, please mail your application to:

Nebraska Service Center, P.O. Box

87821, Lincoln, NE 68501–7821.

When Can I Register for an Extension

of TPS?

The 30-day re-registration period

begins May 11, 2000 and will remain in

effect until June 12, 2000.

Can I Apply for an Extension of My

Work Authorization if I Have Been

Granted Employment Authorization on

the Basis of My Pending Form I–821,

and as of July 5, 2000, My Form I–821

Is Still Pending?

Yes, you can apply for an extension

of your employment authorization.

Follow the instructions in Chart 1 and

submit your application to the service

center that has jurisdiction over your

place of residence during the 30-day

registration period listed above.

How Does an Application for TPS

Affect My Application for Asylum or

Other Immigration Benefits?

An application for TPS does not

preclude or affect an application for

asylum or any other immigration

benefit. A national of Honduras (or alien

having no nationality who last

habitually resided in Honduras) who is

otherwise eligible for TPS and has

applied for or plans to apply for asylum,

but who has not yet been granted

asylum or withholding of removal, may

also apply for TPS. Denial of an

application for asylum or any other

immigration benefit does not affect an

applicant’s ability to register for TPS,

although the grounds of denial may also

be grounds of denial for TPS. For

example, a person who has been

convicted of an aggravated felony is not

eligible for asylum or TPS.

Does This Extension Allow Nationals of

Honduras (or Aliens Having No

Nationality Who Last Habitually

Resided in Honduras) Who Entered the

United States After December 30, 1998,

To File for TPS?

No. This is a notice of an extension of

the TPS designation for Honduras, not

a notice of redesignation of Honduras

under the TPS program. An extension of

TPS does not change the required dates

of continuous physical presence and

residence in the United States, and does

not expand the TPS program to include

nationals of Honduras (or aliens having

no nationality who last habitually

resided in Honduras) who arrived in the

United States after the date of the initial

designation, in this case, January 5,

1999, or the date designated for

continuous residence, in this case,

December 30, 1998.

30440 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices

Notice of Extension of Designation of

Honduras Under the TPS Program

By the authority vested in me as

Attorney General under sections

244(b)(3)(A) and (C), and (b)(1) of the

Act, I have consulted with the

appropriate agencies of the Government

concerning whether the conditions

under which Honduras was initially

designated for TPS continue to exist. As

a result, I determine that the conditions

for the initial designation of TPS for

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

1254a(b)(3)(A) and (C), (b)(1).

Accordingly, I order as follows:

(1) The designation of Honduras

under section 244(b) of the Act is

extended for an additional 12-month

period from July 6, 2000, until July 5,

2001. 8 U.S.C. 1254a(b)(3)(C).

(2) I estimate that there are

approximately 100,000 nationals of

Honduras (or aliens having no

nationality who last habitually resided

in Honduras) who have been granted

TPS and who are eligible for reregistration.

(3) In order to be eligible for TPS

during the period from July 6, 2000,

through July 5, 2001, a national of

Honduras (or alien having no

nationality who last habitually resided

in Honduras) who received a grant of

TPS (or has an application pending)

during the initial period of designation

from January 5, 1999, until July 5, 2000,

must re-register for TPS by filing a new

Application for Temporary Protected

Status, Form I–821, along with an

Application for Employment

Authorization, Form I–765, within the

30-day period beginning May 11, 2000

and ending on June 12, 2000. Late reregistration will be allowed only for

good cause pursuant to 8 CFR 244.17(c).

(4) Pursuant to section 224(b)(3)(A) of

the Act, the Attorney General will

review, at least 60 days before July 5,

2001, the designation of Honduras

under the TPS program to determine

whether the conditions for designation

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

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

determination, including the reasons

underlying it, will be published in the

Federal Register.

(5) Information concerning the TPS

program for nationals of Honduras (or

aliens having no nationality who last

habitually resided in Honduras) will be

available at local Service offices upon

publication of this notice and on the

INS website at http://

www.ins.usdoj.gov.

Dated: May 5, 2000.

Janet Reno,

Attorney General.

[FR Doc. 00–11786 Filed 5–10–00; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2064–00; AG Order No. 2301–2000]

RIN 1115–AE26

Extension of Designation of Nicaragua

Under Temporary Protected Status

Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: This notice extends the

Attorney General’s designation of

Nicaragua under the Temporary

Protected Status (TPS) program until

July 5, 2001. Eligible nationals of

Nicaragua (or aliens having no

nationality who last habitually resided

in Nicaragua) may re-register for TPS

and an extension of employment

authorization. Re-registration is limited

to persons who registered during the

initial registration period, which ended

on August 20, 1999, or who registered

after that date under the late initial

registration provision. Persons who are

eligible for late initial registration may

register for TPS during this extension.

EFFECTIVE DATES: The extension of the

TPS designation for Nicaragua is

effective July 6, 2000, and will remain

in effect until July 5, 2001. The 30-day

re-registration period begins May 11,

2000 and will remain in effect until June

12, 2000.

FOR FURTHER INFORMATION CONTACT:

Michael Hardin, Residence and Status

Services Branch, Adjudications,

Immigration and Naturalization Service,

Room 3214, 425 I Street, NW.,

Washington, DC 20536, telephone (202)

514–4754.

SUPPLEMENTARY INFORMATION: 

What Authority Does the Attorney

General Have To Extend the

Designation of Nicaragua Under the

TPS Program?

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

Immigration and Nationality Act (Act)

states that at least 60 days before the

end of an extension or a designation, the

Attorney General must review

conditions in the designated foreign

state. 8 U.S.C. 1254a(b)(3)(A). If the

Attorney General determines that the

foreign state continues to meet the

conditions for designation, the period of

designation is extended, pursuant to

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

1254a(b)(3)(C). Through such an

extension, TPS is available only to

persons who have been continuously

physically present since January 5,

1999, and have continuously resided in

the United States from December 30,

1998.

Why Did the Attorney General Decide

To Extend the TPS Designation for

Nicaragua?

On January 5, 1999, the Attorney

General initially designated Nicaragua

for TPS for a period of 18 months. 64

FR 526 (Jan. 5, 1999). The Departments

of State and Justice have recently

reviewed conditions within Nicaragua.

The review resulted in a consensus that

a 12-month extension is warranted. The

reasons for the extension are explained

in a State Department memorandum

that states: ‘‘The conditions which led

to the original designation are less

severe, but continue to cause substantial

disruption to living conditions in

Nicaragua.’’ The memorandum also

states that ‘‘a significant portion of the

U.S. and international aid promised for

assisting in reconstruction is still being

delivered.’’

The State Department memorandum

concludes that reconstruction efforts

should accelerate during the 2000

calendar year. An Immigration and

Naturalization Service memorandum

concurs with the State Department,

finding that although Nicaragua has

made some progress in recovering from

Hurricane Mitch, the recovery has been

very slow, especially in the areas of

housing and infrastructure. For

example, the memorandum reports that

‘‘[a]ccording to [a] Nicaraguan nongovernmental umbrella organization

* * * of the tens of thousands of houses

destroyed by Mitch, only 2,500 had

been replaced a year after the storm

struck.’’

Based on these recommendations, the

Attorney General finds the situation in

Nicaragua meets the conditions for

extension of TPS under section

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

1254a(b)(3)(C). There continues to be a

substantial, but temporary, disruption of

living conditions in Nicaragua as a

result of an environmental disaster, and

Nicaragua continues to be unable,

temporarily, to handle adequately the

return of its nationals. 8 U.S.C.

1254a(b)(1)(B)(i)–(ii). Therefore, the

review failed to show that country

conditions have improved to a degree

that supports termination. Even in cases

where conditions have improved, the

Act provides for automatic extension in

the absence of a determination by the