16608 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices

DATES: This notice is effective May 7,

1997.

FOR FURTHER INFORMATION CONTACT:

Ms. Karen FitzGerald, Staff Officer,

Immigration and Naturalization Service,

Adjudications and Nationality Division,

425 I Street, NW., Room 3214,

Washington, DC 20536, telephone (202)

514–5014.

SUPPLEMENTARY INFORMATION:

Background

Under 8 CFR 103.2(a), applications

submitted to the Service must be

executed and filed in accordance with

the instructions on the application form.

By eliminating specific reference to

filing location, this regulation provides

service center directors with the

authority to accept and process

applications designated for Direct Mail.

It also provides the Service with the

flexibility to shift filings to the service

centers as the Direct Mail Program

continues to expand.

Recent legislation and the publication

of an interim rule on March 26, 1996,

at 59 FR 13061 have led the Service to

conclude that expansion of the use of

the direct mail program to include I–360

petitions filed in accordance with the

provisions of the Violence Against

Women Act (VAWA) is warranted.

It is the intent of the Service to ensure

sensitive and expeditious processing of

the petitions filed by this class of at-risk

applicants. Institution of a centralized

direct mail filing process enables the

Service to accomplish this and

engenders uniformity in the

adjudication of all applications of this

type. This modification also enhances

the Service’s ability to be more

responsive to inquiries from applicants,

their representatives, and benefitgranting agencies.

Where to File

Effective May 7, 1997, Form I–360 for

self-petitioning battered spouses and

children residing within the United

States must be mailed, with all

supporting documentation, directly to

the following address: USINS Vermont

Service Center, 75 Lower Weldon Street,

St. Albans, VT 05479. Applicants may

obtain the Form I–360 by telephoning

the toll-free INS Forms Request Line, 1–

800–870–3676.

Special Note

This notice does not apply to I–360

petitions filed by Amerasians,

widow(er)s, or special immigrants.

Transition

During the first 30 days following the

effective date of this notice, district

offices and service centers will forward

to the Vermont Service Center, in a

timely manner, any Form I–360 filed by

a self-petitioning battered spouse or

child, which has been inadvertently

mailed to an office other than the

Vermont Service Center. Petitions filed

prior to the effective date of this notice

will be adjudicated at the place of initial

filing.

Appeals or motions to reopen or

reconsider denied I–360 petitions

submitted to the Service prior to May 7,

1997 will be processed by the office

where the I–360 was originally filed and

adjudicated. Appeals and motions filed

during the transition period, and after

this notice goes into effect, should be

filed with the Vermont Service Center

and will be processed by that office.

During the transition period, the

Service intends to work closely with

community organizations and advocacy

groups to provide information and

assistance to the public regarding this

change.

After the 30-day transition period,

self-petitioning battered spouses and

children will be directed to mail the

Form I–360 to the Vermont Service

Center for processing.

Dated: March 22, 1997.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 97–8835 Filed 4–4–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 1832–97; AG Order No. 2076–97]

RIN 1115–AE26

Extension of Designation and

Redesignation of Liberia Under

Temporary Protected Status Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: This notice extends the

designation of Liberia under the

Temporary Protected Status (‘‘TPS’’)

program for an additional 12 months

(until March 28, 1998) in accordance

with sections 244(b)(3)(A) and (C) of the

Immigration and Nationality Act, as

amended (‘‘the Act’’ or ‘‘INA’’). This

notice also describes the procedures

with which eligible aliens, who are

nationals of Liberia (or who have no

nationality and who last habitually

resided in Liberia), must comply to reregister for TPS. Re-registration for the

TPS extension period is limited to

persons who already have registered for

the initial period of TPS, which ended

on March 27, 1992.

Pursuant to section 244(b)(1) of the

Act, this notice concurrently designates

Liberia anew (‘‘redesignates’’) under the

TPS program. This redesignation of

Liberia makes TPS available to eligible

Liberian TPS applicants who have

‘‘continuously resided in the United

States’’ since June 1, 1996, and who

have been ‘‘continuously physically

present in the United States’’ since

April 7, 1997.

EFFECTIVE DATES:

1. Extension of Designation and Reregistration

The extension of designation is

effective on March 29, 1997, and will

remain in effect until March 28, 1998.

The primary re-registration procedures

become effective on April 7, 1997, and

will remain in effect until May 6, 1997.

2. Redesignation

The Liberian TPS redesignation is

effective concurrently with the

extension from March 29, 1997, until

March 28, 1998. The registration period

for the Liberian TPS redesignation

program begins on April 7, 1997 and

will remain in effect until October 6,

1997.

FOR FURTHER INFORMATION CONTACT:

Ronald Chirlin, Adjudications Officer,

Immigration and Naturalization Service,

Room 3214, 425 I Street, NW.,

Washington, DC 20536, telephone (202)

514–5014.

SUPPLEMENTARY INFORMATION:

Background

Statutory Provisions for TPS

1. Designation and Extension Under the

TPS Program

Section 308(a)(7) of Public Law 104–

132 renumbered section 244A of the

Act. Under this section renumbered as

INA 244 (8 U.S.C. 1254), the Attorney

General is authorized to grant

Temporary Protected Status in the

United States to eligible aliens who are

nationals of a foreign state designated by

the Attorney General (or who have no

nationality and last habitually resided

in that state). The Attorney General may

designate a state upon finding that the

state is experiencing ongoing armed

conflict, environmental disaster, or

extraordinary and temporary conditions

that prevent nationals or residents of the

country from returning in safety.

At least 60 days before the end of a

designation or extension of designation,

the Attorney General, after consultation

with appropriate agencies of the
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices 16609

Government, reviews conditions in the

foreign state for which the designation

is in effect. The designation is extended

if the Attorney General does not

determine that termination is

appropriate because the foreign state no

longer meets the conditions for

designation. INA 244(b)(3)(C). Through

such an extension of designation,

however, TPS continues to be available

only to aliens who have been

continuously physically present in the

United States from the effective date of

the designation. TPS is not available to

aliens who have been physically present

in the United States only from the

effective date of the extension but who

were not physically present from the

date of the designation.

2. Redesignation of Liberia Under the

TPS Program

Subsection 244(b)(1) of the Act

implicitly permits the Attorney General

to ‘‘redesignate’’ (that is, to designate

under the TPS program a country that

has been previously designated), as well

as designated for the first time, if she

first finds that the required conditions

are met. The act of redesignation is

referenced in subsection 244(c)(1)(A)(i),

which requires that ‘‘the alien has been

continuously physically present since

the effective date of the most recent

designation of the state.’’ (Emphasis

added.) This provision thus explicitly

contemplates more than one

designation. This redesignation of

Liberia under the TPS program is

nonetheless the first time that the

Attorney General has found it

appropriate to exercise her discretion to

redesignate a country.

One factor in determining whether

redesignation is appropriate is whether

it will create a ‘‘magnet effect’’ for

nationals of the country under

consideration. In cases where the

Attorney General contemplates

redesignation, she may consider this

possible magnet effect and any other

factors weighing against redesignation,

together with any discretionary factors

in favor of redesignation. A significant

discretionary factor in favor of

redesignation is the intensification of

civil strife and instability in the country

under consideration.

The TPS statute imposes a

requirement that, in order to be eligible

for TPS, an alien must have been

continuously physically present in the

United States since the effective date of

the most recent designation. This means

that, regardless of when a designation

may have been extended, in order to

receive TPS an alien must have been

physically present in the United States

from the date of initial designation or

from the date of any redesignation. INA

244(c)(1)(A)(i). The statute also

authorizes the Attorney General to

impose an additional requirement that

an alien must have continuously resided

in the United States since such date as

the Attorney General may designate.

INA 244(c)(1)(A)(ii). The authority to

designate a separate date from which an

alien must have continuously resided in

the United States allows the Attorney

General to tailor more narrowly the

group of aliens to whom she determines

it is appropriate to extend the coverage

of a designation or redesignation.

The required June 1, 1996, residence

date will apply to all applicants. For a

small number of applicants with recent

foreign travel, certain trips from the

United States between June 1, 1996, and

April 7, 1997 would be allowed under

the definition of ‘‘continuously

resided.’’ Such trips after April 7, 1997

would be allowed within slightly

narrower limits under the definition of

‘‘continuously physically present.’’ See

definitions at 8 CFR 244.1, formerly 8

CFR 240.1.

The initial registration period for this

TPS redesignation continues from April

7, 1997 until October 6, 1997 in

accordance with the required 180-day

minimum period. INA 244(c)(1)(A)(iv).

Extension of Designation of Liberia

Under the TPS Program

On March 27, 1991, the Attorney

General designated Liberia for

Temporary Protected Status for a period

of 12 months, 56 FR 12746. The

Attorney General subsequently

extended the designation of Liberia

under the TPS program for 5 additional

12-month periods with the last

extension valid until March 28, 1997, 61

FR 8076.

The Attorney General has determined

that temporary conditions continue to

prevent nationals of Liberia from

returning to their country in safety.

Therefore, by this notice she is

extending the designation of Liberia

under the Temporary Protected Status

program for an additional 12 months

(until March 28, 1998) in accordance

with sections 244(b)(3) (A) and (C) of

the Act.

Redesignation of Liberia Under the TPS

Program

In her discretion, the Attorney

General has further determined that, in

light of renewed conflict in Liberia

during the first half of 1996, the

temporary conditions that continue to

exist in Liberia warrant redesignation.

Therefore, pursuant to section 244(b)(1)

of the Act, this notice concurrently

grants Liberia a redesignation of TPS.

With the redesignation of Liberia, TPS

is now available to otherwise eligible

applicants who are ineligible for

reregistration under the extension of the

initial designation, either because they

came to the United States after the

initial designation or because they failed

to register in a timely manner under the

initial designation.

By operation of statute, this

redesignation extends the availability of

TPS only to Liberians who have been

continuously physically present in the

United States from the effective date of

this redesignation April 7, 1997. In

addition, the Attorney General is

exercising her discretion under INA

section 244(c)(1)(A)(ii) to select a

different and earlier date of June 1,

1996, from which Liberians must have

continuously resided in the United

States in order to receive TPS. Although

the Attorney General finds that

conditions in Liberia warrant

redesignation, she has determined that

it is appropriate to establish a separate

cut-off date that relates to the renewed

conflict in Liberia during the first half

of 1996. Therefore, the Attorney General

is imposing an additional June 1, 1996,

residence date requirement.

Notice of Extension of Designation of

Liberia Under the Temporary Protected

Status Program

By the authority vested in me as

Attorney General under section 244 of

the Immigration and Nationality Act, as

amended, (8 U.S.C. 1254), and as

required by subsection 244(b)(3) (A) and

(C) of the Act, I have consulted with the

appropriate agencies of the U.S.

Government concerning: (a) The

conditions in Liberia and (b) whether

permitting nationals of Liberia (and

aliens having no nationality who last

habitually resided in Liberia) to remain

temporarily in the United States is

contrary to the national interest of the

United States. From these consultations,

I find that:

(1) After renewed conflict in Liberia during

the first half of 1996, and ongoing insecurity,

there exist extraordinary and temporary

conditions that prevent aliens who are

nationals of Liberia (and aliens having no

nationality who last habitually resided in

Liberia) from returning to Liberia in safety;

and

(2) Permitting nationals of Liberia (and

aliens having no nationality who last

habitually resided in Liberia) to remain

temporarily in the United States is not

contrary to the national interest of the United

States.

Accordingly, extension of designation

is ordered as follows:

(1) The designation of Liberia under

section 244(b) of the Act is extended for an
16610 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices

additional 12-month period from March 29,

1997, to March 28, 1998.

(2) I estimate that there are approximately

4,000 nationals of Liberia (and aliens having

no nationality who last habitually resided in

Liberia) who have been granted Temporary

Protected Status and who are eligible for reregistration.

(3) In order to maintain current registration

for Temporary Protected Status, a national of

Liberia (or an alien having no nationality

who last habitually resided in Liberia) who

received a grant of TPS during the initial

period of designation from March 27, 1991,

to March 27, 1992, must comply with the reregistration requirements contained in 8 CFR

244.17, formerly 8 CFR 240.17, which are

described in pertinent part in paragraphs (4)

and (5) of this notice.

(4) A national of Liberia (or an alien having

no nationality who last habitually resided in

Liberia) who previously has been granted

TPS must re-register by filing a new

Application for Temporary Protection Status,

Form I–821, together with an Application for

Employment Authorization, Form I–765,

within the 30-day period beginning on April

7, 1997 and ending on May 6, 1997 in order

to be eligible for Temporary Protected Status

during the period from March 29, 1997, to

March 28, 1998. Late re-registration

applications will be allowed pursuant to 8

CFR 244.17(c), formerly 8 CFR 240.17(c).

(5) There is no fee for Form I–821 filed as

part of the re-registration application. The fee

prescribed in 8 CFR 103.7(b)(1), currently

seventy dollars ($70), will be charged for

Form I–765, filed by an alien requesting

employment authorization pursuant to the

provisions of paragraph (4) of this notice

(unless submitted with a fee waiver request

properly documented in accordance with 8

CFR 244.20, formerly 8 CFR 240.20). An alien

who does not request employment

authorization must nonetheless file Form I–

821 together with Form I–765, but in such

cases both Form I–821 and Form I–765

should be submitted without fee.

(6) Pursuant to section 244(b)(3)(A) of the

Act, the Attorney General will review, at

least 60 days before March 28, 1998, the

designation of Liberia under the TPS program

to determine whether the conditions for

designation continue to be met. Notice of that

determination, including the basis for the

determination, will be published in the

Federal Register. If there is an extension of

designation, late initial registration for TSP

shall be allowed only pursuant to the

requirements of 8 CFR 244.2(f)(2), formerly 8

CFR 240.2(f)(2). Any such future

determination will apply to the more recent

Liberian TPS registrants under the TPS

redesignation as well as the re-registrants for

the TPS extension.

Notice of Redesignation of Liberia

Under the Temporary Protected Status

Program

By the authority vested in me as

Attorney General under section 244 of

the Immigration and Nationality Act, as

amended, (8 U.S.C. 1254), and pursuant

to the discretion vested in the Attorney

General under subsection 244(b)(1) of

the Act, I have consulted with the

appropriate agencies of the U.S.

Government concerning redesignation

of Liberia under the Temporary

Protected Status program. From these

consultations I find that after renewed

conflict in Liberia during the first half

of 1996, and ongoing insecurity, there

exist extraordinary and temporary

conditions that prevent aliens who are

nationals of Liberia (and aliens having

no nationality who last habitually

resided in Liberia) from returning to

Liberia in safety.

In consideration of these

consultations and other relevant factors,

and in the exercise of my discretion, I

order redesignation of Liberia as

follows:

(1) Liberia is redesignated under section

244(b)(1)(C) of the Act. Nationals of Liberia

(and aliens having no nationality who last

habitually resided in Liberia) who have

‘‘continuously resided in the United States’’

since June 1, 1996, and have been

‘‘continuously physically present’’ since

April 7, 1997 may apply for Temporary

Protected Status within the registration

period which begins April 7, 1997 and ends

on October 6, 1997.

(2) I estimate that there are no more than

5,000 nationals of Liberia (and aliens having

no nationality who last habitually resided in

Liberia) who are currently in nonimmigrant

or unlawful status (in addition to the earlier

Liberian TPS registrants) and are, therefore,

eligible for Temporary Protected Status under

this redesignation.

(3) Except as specifically provided in this

notice, application for TPS by nationals of

Liberia (and aliens having no nationality who

last habitually resided in Liberia) must be

filed pursuant to the provisions of 8 CFR part

244, formerly 8 CFR 240. Aliens who wish

to apply for TPS must file an Application for

Temporary Protected Status, Form I–821,

together with an Application for Employment

Authorization, Form I–765, during the

registration period, which begins on April 7,

1997 and will remain in effect until October

6, 1997.

(4) A fee of fifty dollars ($50) will be

charged for each Application for Temporary

Protected Status, Form I–821, filed during the

registration period.

(5) The fee prescribed in 8 CFR 103.7(b)(1),

which is currently seventy dollars ($70), will

be charged for each Application for

Employment Authorization Form I–765, filed

by an alien requesting employment

authorization. An alien who does not request

employment authorization must nevertheless

file Form I–765, together with Form I–821,

for informational purposes, but in such cases

Form I–765 should be submitted without fee.

Both Forms I–821 and I–765 may be

submitted without the required fees if a

properly documented fee waiver request in

accordance with 8 CFR 244.20, formerly 8

CFR 240.20, accompanies the forms.

(6) Information concerning the TPS

redesignation program for nationals of

Liberia (and aliens having no nationally who

last habitually resided in Liberia) will be

available at local Immigration and

Naturalization Service offices upon

publication of this notice.

Dated: April 1, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–8925 Filed 4–4–97; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF LABOR

Office of the Secretary

Privacy Act of 1974; Publication of Two

New Systems of Records;

Amendments to an Existing System

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of two new systems of

records; amendments to an existing

system of records.

SUMMARY: The Privacy Act of 1974

requires that each agency publish notice

of all of the systems of records that it

maintains. This document adds two

new systems of records to this

Department’s current systems of

records. With the addition of these two

new systems of records, the Department

will be maintaining 144 systems of

records. This document also proposes to

amend the Routine Use Category for one

of the Department’s existing systems of

records. The proposed amended system

will permit the Department to provide

important information to state

unemployment insurance agencies in

order to facilitate the processing of

unemployment insurance claims for

Department of Labor (DOL) employees.

Finally, various administrative (nonsubstantive) amendments to this same

existing system are being made at this

time.

DATES: Persons wishing to comment on

this new system of records and on the

proposed new Routine Use may do so

by May 19, 1997. Unless there is a

further notice in the Federal Register,

the two new systems of records, and the

proposed amendment to the existing

system, will become effective on June 2,

1997. The remaining amendments to

DOL/OASAM–1 are administrative

(non-substantive), and therefore, will

become effective on April 7, 1997.

ADDRESSES: Written comments may be

mailed or delivered to Robert A.

Shapiro, Associate Solicitor, Division of

Legislation and Legal Counsel, 200

Constitution Avenue, NW., Room N–

2428, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Miriam McD. Miller, Co-Counsel for

Administrative Law, Office of the

Solicitor, Department of Labor, 200

Constitution Avenue, NW., Room N–