Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37043 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

Agency Information Collection 

Activities: Free Admittance Under 

Conditions of Emergency 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: 30-Day notice and request for 

comments; Extension of an existing 

information collection: 1651–0044. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) of the Department of 

Homeland Security has submitted the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act: Free Admittance Under 

Conditions of Emergency. This is a 

proposed extension of an information 

collection that was previously 

approved. CBP is proposing that this 

information collection be extended with 

no change to the burden hours. This 

document is published to obtain 

comments from the public and affected 

agencies. This proposed information 

collection was previously published in 

the Federal Register (74 FR 23737) on 

May 20, 2009, allowing for a 60-day 

comment period. This notice allows for 

an additional 30 days for public 

comments. This process is conducted in 

accordance with 5 CFR 1320.10. 

DATES: Written comments should be 

received on or before August 26, 2009. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. Comments should be addressed 

to the OMB Desk Officer for Customs 

and Border Protection, Department of 

Homeland Security, and sent via 

electronic mail to 

oira_submission@omb.eop.gov or faxed 

to (202) 395–5806. 

SUPPLEMENTARY INFORMATION: U.S. 

Customs and Border Protection (CBP) 

encourages the general public and 

affected Federal agencies to submit 

written comments and suggestions on 

proposed and/or continuing information 

collection requests pursuant to the 

Paperwork Reduction Act (Pub. L.104– 

13). Your comments should address one 

of the following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency/component, 

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of the 

agencies/components estimate of the 

burden of The proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collections of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

techniques or other forms of 

information. 

Title: Free Admittance Under 

Conditions of Emergency. 

OMB Number: 1651–0044. 

Form Number: None. 

Abstract: This collection of 

information will be used in the event of 

an emergency or catastrophic event to 

monitor goods temporarily admitted 

into the United States for the purpose of 

rescue or relief. 

Current Actions: There are no changes 

to the information collection. This 

submission is being made to extend the 

expiration date. 

Type of Review: Extension (without 

change). 

Affected Public: Nonprofit Assistance 

Organizations. 

Estimated Number of Respondents: 1. 

Estimated Time per Respondent: 1 

hour. 

Estimated Total Annual Burden 

Hours: 1. 

If additional information is required 

contact: Tracey Denning, U.S. Customs 

and Border Protection, Office of 

Regulations and Rulings, 799 9th Street, 

NW., 7th Floor, Washington, DC 20229– 

1177, at 202–325–0265. 

Dated: July 21, 2009. 

Tracey Denning, 

Agency Clearance Officer, Customs and 

Border Protection. 

[FR Doc. E9–17877 Filed 7–24–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2469–09; DHS Docket No. USCIS– 

2009–0003] 

RIN 1615–ZA82 

Extension of the Designation of 

Somalia for Temporary Protected 

Status and Automatic Extension of 

Employment Authorization 

Documentation for Somalian TPS 

Beneficiaries 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: This Notice announces that 

the Secretary of Homeland Security has 

extended the designation of Somalia for 

temporary protected status (TPS) for 18 

months, from its current expiration date 

of September 17, 2009 through March 

17, 2011. This Notice also sets forth 

procedures necessary for nationals of 

Somalia (or aliens having no nationality 

who last habitually resided in Somalia) 

with TPS to re-register with U.S. 

Citizenship and Immigration Services 

(USCIS). Re-registration is limited to 

persons who have previously registered 

for TPS under the designation of 

Somalia and whose applications have 

been granted by or remain pending with 

USCIS. Certain nationals of Somalia (or 

aliens having no nationality who last 

habitually resided in Somalia) who have 

not previously applied to USCIS for TPS 

may be eligible to apply under the late 

initial registration provisions. 

Given the timeframes involved with 

processing TPS re-registration 

applications, the Department of 

Homeland Security (DHS) recognizes 

the possibility that all re-registrants may 

not receive new EADs until after their 

current EADs expire on September 17, 

2009. Accordingly, this Notice 

automatically extends the validity of 

EADs issued under the TPS designation 

of Somalia for 6 months, through March 

17, 2010, and explains how TPS 

beneficiaries and their employers may 

determine which EADs are 

automatically extended. 

DATES: The extension of the TPS 

designation of Somalia is effective 

September 18, 2009, and will remain in 

effect through March 17, 2011. The 60- 

day re-registration period begins July 27, 

2009, and will remain in effect until 

September 25, 2009. 

FOR FURTHER INFORMATION CONTACT: TPS 

Operations Program Manager, Status 


jlentini on DSKJ8SOYB1PROD with NOTICES
37044 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

1As of March 1, 2003, in accordance with section 

1517 of Title XV of the Homeland Security Act of 

2002 (HSA), Public Law 107–296, 116 Stat. 2135, 

any reference to the Attorney General in a provision 

of the Immigration and Nationality Act describing 

functions which were transferred from the Attorney 

General or other Department of Justice official to the 

Department of Homeland Security by the HSA 

‘‘shall be deemed to refer to the Secretary’’ of 

Homeland Security. See 6 U.S.C. 557 (2003) 

(codifying HSA, Title XV, Section 1517). 

and Family Branch, Office of Service 

Center Operations, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 20 Massachusetts 

Avenue, NW., Washington, DC 20529– 

2060, telephone (202) 272–1533. This is 

not a toll-free call. Further information 

will also be available at local USCIS 

offices upon publication of this Notice 

and on the USCIS Web site at http:// 

www.uscis.gov. 

Note: The phone number provided 

here is solely for questions regarding 

this TPS Notice. It is not for individual 

case status inquiries. Applicants seeking 

information about the status of 

individual cases can check Case Status 

Online available at the USCIS Web site, 

or may call the USCIS National 

Customer Service Center at 1–800–375– 

5283 (TTY 1–800–767–1833). 

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This 

Document 

Act—Immigration and Nationality Act 

ASC—USCIS Application Support Center 

DHS—Department of Homeland Security 

HSA—Homeland Security Act of 2002 

OSC—U.S. Department of Justice Office of 

Special Counsel for Immigration Related 

Unfair Employment Practices 

EAD—Employment Authorization Document 

Secretary—Secretary of Homeland Security 

TPS—Temporary Protected Status 

USCIS—U.S. Citizenship and Immigration 

Services 

What is Temporary Protected Status? 

TPS is an immigration status granted 

to eligible nationals of a country 

designated for TPS under the Act (or to 

persons without nationality who last 

habitually resided in the designated 

country). During the period for which 

the Secretary has designated a country 

for TPS, TPS beneficiaries are eligible to 

remain in the United States and may 

obtain work authorization, so long as 

they continue to meet the terms and 

conditions of their TPS status. The 

granting of TPS does not lead to 

permanent resident status. When the 

Secretary terminates a country’s TPS 

designation, beneficiaries return to the 

same immigration status they 

maintained before TPS (unless that 

status has since expired or been 

terminated) or to any other status they 

may have been obtained while 

registered for TPS. 

What authority does the Secretary of 

Homeland Security have to extend the 

designation of Somalia for TPS? 

Section 244(b)(1) of the Act, 8 U.S.C. 

1254a(b)(1), authorizes the Secretary, 

after consultation with appropriate 

agencies of the government, to designate 

a foreign State (or part thereof) for TPS.1

The Secretary 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(a)(1)(A) of the Act; 8 U.S.C. 

1254a(a)(1)(A). 

At least 60 days before the expiration 

of a TPS designation, the Secretary, after 

consultations with appropriate agencies 

of the government, must review the 

conditions in a foreign State designated 

for TPS to determine whether the 

conditions for the TPS designation 

continue to be met and, if so, must 

determine the length of an extension of 

the TPS designation. Sections 

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

1254a(b)(3)(A) and (C). If the Secretary 

determines that the foreign State no 

longer meets the conditions for the TPS 

designation, she must terminate the 

designation. Section 244(b)(3)(B) of the 

Act, 8 U.S.C. 1254a(b)(3)(B). 

Why was Somalia designated for TPS? 

On September 16, 1991, the Attorney 

General published a notice in the 

Federal Register, at 56 FR 46804, 

designating Somalia for TPS due to 

ongoing armed conflict and 

extraordinary and temporary conditions 

within the country. The Attorney 

General extended TPS for Somalia nine 

times, determining in each instance that 

the conditions warranting the 

designation continued to be met. 57 FR 

32232 (July 21, 1992); 58 FR 48898 

(Sept. 20, 1993); 59 FR 43359 (Aug. 23, 

1994); 60 FR 39005 (July 31, 1995); 61 

FR 39472 (July 29, 1996); 62 FR 41421 

(Aug. 1, 1997); 63 FR 51602 (Sept. 28, 

1998); 64 FR 49511 (Sept. 13, 1999); 65 

FR 69789 (Nov. 20, 2000). 

On September 4, 2001, the Attorney 

General redesignated Somalia for TPS 

by publishing a notice in the Federal 

Register at 66 FR 46288, based upon 

ongoing armed conflict and 

extraordinary and temporary conditions 

within Somalia, which had worsened. 

Since that date, the Attorney General 

and the Secretary of Homeland Security 

have extended the TPS designation of 

Somalia six times based on 

determinations that the conditions 

warranting the designation continued to 

be met. 67 FR 48950 (July 26, 2002); 68 

FR 43147 (July 21, 2003); 69 FR 47937 

(Aug. 6, 2004); 70 FR 43895 (July 29, 

2005); 71 FR 42653 (July 27, 2006); 73 

FR 13245 (Mar. 12, 2008). 

Why is the Secretary extending the TPS 

designation for Somalia through March 

17, 2011? 

Over the past year, DHS and the 

Department of State have continued to 

review conditions in Somalia. Based on 

this review, the Secretary has 

determined that an 18-month extension 

is warranted, because the armed conflict 

is ongoing, and the extraordinary and 

temporary conditions that prompted the 

September 4, 2001, redesignation 

persist. Section 244(b)(1)(A), (C) of the 

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

Somalia remains in a state of chaos 

characterized by the lack of central 

government; a crippled economy, the 

absence of civil structures, destruction 

of infrastructure; and generalized 

insecurity in the form of banditry, 

kidnapping, looting, revenge killings, 

targeted assassinations, suicide carbombings, and inter-clan fighting. 

Humanitarian efforts have been 

hindered by increasing targeted attacks 

on humanitarian workers countrywide. 

In 2007, 6,500 civilians were killed. An 

additional 2,136 civilians were killed in 

the first half of 2008. Almost 750,000 

people fled Mogadishu to escape the 

fighting between April and July 2008. 

Between January and August 2008, the 

number of people in need of 

humanitarian assistance increased 77 

percent, from 1.8 million to 3.2 million 

people. The intensifying conflict, 

drought, increased food prices, the 

targeting of humanitarian workers, and 

growing piracy off the Somali coast have 

exacerbated the humanitarian toll on the 

Somali people. 

Based upon her review, the Secretary 

has determined, after consultation with 

the appropriate government agencies, 

that the conditions that prompted the 

2001 redesignation of Somalia for TPS 

continue to be met. See section 

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

1254a(b)(3)(A). An ongoing armed 

conflict and extraordinary and 

temporary conditions in Somalia 

prevent aliens who are nationals of 

Somalia (or aliens having no nationality 

who last habitually resided in Somalia) 

from returning in safety. The Secretary 

also has determined that it is not 

contrary to the national interest of the 

United States to permit aliens who meet 

the eligibility requirements of TPS to 

remain in the United States temporarily. 

See section 244(b)(1)(C) of the Act. On 

the basis of these findings and 

determinations, the Secretary concludes 

that the designation of Somalia for TPS 

should be extended for an additional 18- 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37045 

month period. See section 244(b)(3)(C) 

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

There are approximately 250 nationals 

of Somalia (or aliens having no 

nationality who last habitually resided 

in Somalia) who are eligible for TPS 

under this designation. 

What Actions Should Qualifying Aliens 

Take Pursuant to This Notice? 

To maintain TPS, a national of 

Somalia (or an alien having no 

nationality who last habitually resided 

in Somalia) who was granted TPS and 

who has not had TPS withdrawn or who 

has a pending application for TPS must 

re-register for TPS during the 60-day reregistration period from July 27, 2009 

until September 25, 2009. To re-register, 

aliens must follow the filing procedures 

set forth in this Notice. An addendum 

to this Notice provides instructions on 

this extension, including filing and 

eligibility requirements for TPS and 

EADs. Information concerning the 

extension of the designation of Somalia 

for TPS also will be available at local 

USCIS offices upon publication of this 

Notice and on the USCIS Web site at 

http://www.uscis.gov. 

Notice of Extension of the TPS 

Designation of Somalia 

By the authority vested in me as 

Secretary of Homeland Security under 

section 244 of the Act, 8 U.S.C. 1254a, 

I have determined, after consultation 

with the appropriate government 

agencies, that the conditions that 

prompted the redesignation of Somalia 

for temporary protected status (TPS) on 

September 4, 2001, continue to be met. 

See section 244(b)(3)(A) of the 

Immigration and Nationality Act, 8 

U.S.C. 1254a(b)(3)(A). I also have 

determined that it is not contrary to the 

national interest of the United States to 

permit aliens who meet the eligibility 

requirements of TPS to remain in the 

United States temporarily. See section 

244(b)(1)(C) of the Act. On the basis of 

these determinations, I am extending 

the TPS designation of Somalia for 18 

months from September 18, 2009, 

through March 17, 2011. 

Dated: July 15, 2009. 

Janet Napolitano, 

Secretary. 

Temporary Protected Status Filing 

Requirements 

Do I need to re-register for TPS if I 

currently have benefits through the 

designation of Somalia for TPS, and 

would like to maintain them? 

Yes. If you already have received TPS 

benefits through the TPS designation of 

Somalia, your benefits will expire on 

September 17, 2009. All TPS 

beneficiaries must comply with the reregistration requirements, and submit 

any associated application fees or 

applications for waivers of the fees 

described in this Notice in order to 

maintain TPS benefits through March 

17, 2011. TPS benefits include 

temporary protection against removal 

from the United States and employment 

authorization during the TPS 

designation period. Section 244(a)(1) of 

the Act; 8 U.S.C. 1254a(a)(1). Failure to 

re-register without good cause will 

result in the withdrawal of your 

temporary protected status and possibly 

your removal from the United States. 

Section 244(c)(3)(C) of the Act; 8 U.S.C. 

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

If I am currently registered for TPS or 

have a pending application for TPS, 

how do I re-register to renew my benefits 

for the duration of the extension period? 

Please submit the proper forms and 

fees according to Tables 1 and 2 below. 

The following are some helpful tips to 

keep in mind when completing your 

application: 

• All applicants are strongly 

encouraged to pay close and careful 

attention when filling out the required 

forms to help ensure that their dates of 

birth, alien registration numbers, 

spelling of their names, and other 

required information is correctly 

entered on the forms. 

• All questions on the required forms 

should be fully and completely 

answered. Failure to fully complete 

each required form may result in a delay 

in processing of your application. 

• Aliens who have previously 

registered for TPS, but whose 

applications remain pending, should 

follow the filing instructions in this 

Notice if they wish to renew their TPS 

benefits. 

• All TPS re-registration applications 

submitted without the required fees will 

be returned to applicants. 

• All fee waiver requests should be 

filed in accordance with 8 CFR 244.20. 

• If you received an Employment 

Authorization Document (EAD) during 

the most recent registration period, 

please submit a photocopy of the front 

and back of your EAD. 

TABLE 1—APPLICATION FORMS AND APPLICATION FEES

If . . . And . . . Then . . . 

You are re-registering for TPS ........................... You are applying for an extension of your 

EAD valid through March 17, 2011.

You must complete and file the Form I–765, 

Application for Employment Authorization, 

with the fee of $340 or a fee waiver request. You must also submit Form I–821, 

Application for Temporary Protected Status, 

with no fee. 

You are re-registering for TPS ........................... You are NOT applying for renewal of your 

EAD.

You must complete and file the Form I–765 

with no fee and Form I–821 with no fee. 

Note: DO NOT check any box for the question ‘‘I am applying for’’ listed on Form I– 

765, as you are NOT requesting an EAD 

benefit. 

You are applying for TPS as a late initial registrant (see below) and you are between the 

ages of 14 and 65 (inclusive).

You are applying for a TPS-related EAD ........ You must complete and file Form I–821 with 

the $50 fee or fee waiver request. You 

must also submit Form I–765 with the fee 

of $340 or a fee waiver request. 

You are applying for TPS as a late initial registrant and are under age 14 or over age 65.You are applying for a TPS-related EAD ........ You must complete and file Form I–821 with 

the $50 fee or fee waiver request. You 

must also submit Form I–765 with no fee. 

You are applying for TPS as a late initial registrant, regardless of age.You are NOT applying for an EAD .................. You must complete and file Form I–821 with 

the $50 fee or fee waiver request. You 

must also submit Form I-765 with no fee. 


jlentini on DSKJ8SOYB1PROD with NOTICES
37046 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

TABLE 1—APPLICATION FORMS AND APPLICATION FEES—Continued 

If . . . And . . . Then . . . 

Your previous TPS application is still pending ... You are applying to renew your temporary 

treatment benefits (i.e., an EAD with category ‘‘C–19’’ on its face).

You must complete and file the Form I–765 

with the fee of $340 or a fee waiver request. You must also submit Form I–821, 

with no fee. 

Certain applicants must also submit a 

Biometric Service Fee (See Table 2). 

TABLE 2—BIOMETRIC SERVICE FEE

If . . . And . . . Then . . . 

You are 14 years of age or older ....................... 1. You are re-registering for TPS, or 

2. You are applying for TPS under the late initial registration provisions, or 

You must submit a Biometric Service fee of 

$80 or a fee waiver request. 

3. Your TPS application is still pending and 

you are applying to renew temporary treatment benefits (i.e., EAD with category ‘‘C– 

19’’ on its face).

You are younger than 14 years of age .............. 1. You are applying for an EAD, or 

2. You are NOT applying for an EAD 

You do NOT need to submit a Biometric Service fee. 

What editions of Form I–821 and Form 

I–765 should I submit? 

Only versions of Form I–821 dated 

October 17, 2007 (Rev. 10/17/07), or 

later, will be accepted. Only versions of 

Form I–765 dated May 27, 2008 (Rev. 

5/27/08), or later, will be accepted. The 

revision date can be found in the bottom 

right corner of the form. The proper 

forms can be found on the Internet at 

http://www.uscis.gov or by calling the 

USCIS forms hotline at 1–800–870– 

3676. 

Where should I submit my application 

for TPS? 

Mail your application for TPS to the 

proper address in Table 3: 

TABLE 3—MAILING ADDRESSES

U.S. Postal Service deliveries . . . Non-U.S. Postal Service deliveries . . . 

U.S. Citizenship and Immigration Services: Attn: TPS Somalia, P.O. 

Box 8677, Chicago, IL 60680–8677.

U.S. Citizenship and Immigration Services: Attn: TPS Somalia, 131 S. 

Dearborn—3rd Floor, Chicago, IL 60603–5517. 

If an Immigration Judge or the Board 

of Immigration Appeals granted you 

TPS, you must submit evidence of the 

grant of TPS (such as an order from the 

Immigration Judge) with your 

application. In addition, when you 

receive your receipt notice (Form I– 

797), you will need to send an e-mail to 

Tpsijgrant.vsc@dhs.gov that includes 

the following information: 

• Your name; 

• Your date of birth; 

• The receipt number for your reregistration; 

• Your A-number; and 

• The date you were granted TPS. 

Please note that the e-mail address 

provided above is solely for reregistration applicants who were 

granted TPS by Immigration Judges or 

by the Board of Immigration Appeals to 

notify USCIS of their grant of TPS. It is 

not for individual case status inquiries. 

Applicants seeking information about 

the status of their individual cases can 

check Case Status Online available at 

the USCIS Web site, or call the USCIS 

National Customer Service Center. 

Can I file my application electronically? 

If you are filing for re-registration and 

do not need to submit supporting 

documentation (see Table 4) with your 

application, you may file your 

application electronically. To file your 

application electronically, follow 

directions on the USCIS Web site at: 

http://www.uscis.gov. 

How will I know if I need to submit 

supporting documentation with my 

application package? 

See Table 4 below to determine if you 

need to submit supporting 

documentation. 

TABLE 4—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION? 

If . . . Then . . . 

One or more of the questions listed in Part 4, 

Question 2 of Form I–821 applies to you.

You must submit an explanation, on a separate sheet(s) of paper, and/or additional documentation. Depending on the nature of the question(s) you are addressing, additional documentation alone may suffice, but usually, a written explanation will also be needed. 


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TABLE 4—WHO SHOULD SUBMIT SUPPORTING DOCUMENTATION?—Continued 

If . . . Then . . . 

You were granted TPS by an Immigration 

Judge or the Board of Immigration Appeals 

(BIA).

You must include evidence of the grant of TPS (such as a final order from the Immigration 

Judge or decision of the BIA) with your application package. 

How do I know if I am eligible for late 

initial registration? 

You may be eligible for late initial 

registration under 8 CFR 244.2. In order 

to be eligible for late initial registration, 

you must: 

(1) Be a national of Somalia (or an 

alien who has no nationality and who 

last habitually resided in Somalia); 

(2) Have continuously resided in the 

United States since September 4, 2001; 

(3) Have been continuously physically 

present in the United States since 

September 4, 2001; and 

(4) Be both admissible as an 

immigrant, except as provided under 

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

ineligible for TPS under section 

244(c)(2)(B) of the Act. 

Additionally, you must be able to 

demonstrate that during the initial 

registration period for the redesignation 

of TPS for Somalia (September 4, 2001 

to December 3, 2001), you: 

(1) Were 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) Were a parolee or had a pending 

request for reparole; or 

(4) Are 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. See 8 CFR 

244.2(g). All late initial registration 

applications for TPS, pursuant to the 

designation of Somalia, should be 

submitted to the Chicago, Illinois 

address listed above. 

Are certain aliens ineligible for TPS? 

Yes. There are certain criminal and 

terrorism-related inadmissibility 

grounds that render an alien ineligible 

for TPS. See section 244(c)(2)(A)(iii) of 

the Act; 8 U.S.C. 1254a(c)(2)(A)(iii). 

Further, aliens who have been convicted 

of any felony or two or more 

misdemeanors committed in the United 

States are ineligible for TPS under 

section 244(c)(2)(B)(i) of the Act, 8 

U.S.C. 1254a(c)(2)(B)(i), as are aliens 

described in section 208(b)(2)(A) of the 

Act, 8 U.S.C. 1158(b)(2)(A) (describing 

the bars to asylum). See section 

244(c)(2)(B)(ii) of the Act; 8 U.S.C. 

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

If I currently have TPS, can I lose my 

TPS benefits? 

Yes, you can lose your TPS benefits. 

TPS and related benefits will be 

withdrawn if you: 

(1) Are not eligible for TPS, 

(2) Fail to timely re-register for TPS 

without good cause, or 

(3) Fail to maintain continuous 

physical presence in the United States. 

See sections 244(c)(3)(A)–(C) of the Act; 

8 U.S.C. 1254a(c)(3)(A)–(C). 

Does TPS lead to lawful permanent 

residence status? 

No. TPS is a temporary benefit. 

Having been granted TPS does not, of 

itself, provide an alien with a basis for 

seeking lawful permanent resident 

status. A TPS beneficiary who wants to 

become a lawful permanent resident 

must qualify for this status based on a 

family relationship, employment 

classification, or other generally 

available basis for immigration, and 

must be otherwise admissible as an 

immigrant. 

If I am currently covered under TPS, 

what status will I have if my country’s 

TPS designation is terminated? 

When a country’s TPS designation is 

terminated, you will maintain the same 

immigration status that you held prior 

to obtaining TPS (unless that status has 

since expired or been terminated), or 

any other status you may have acquired 

while registered for TPS. Accordingly, if 

you held no lawful immigration status 

prior to being granted TPS and did not 

obtain any other status during the TPS 

period, you will revert to unlawful 

status upon the termination of the TPS 

designation. Once the Secretary 

determines that a TPS designation 

should be terminated, aliens who had 

TPS under that designation, and who do 

not hold any other lawful immigration 

status, must plan for their departure 

from the United States. 

May I apply for another immigration 

benefit while registered for TPS? 

Yes. Registration for TPS does not 

prevent you from applying for 

nonimmigrant status, filing for 

adjustment of status based on an 

immigrant petition, or applying for any 

other immigration benefit or protection. 

Section 244(a)(5) of the Act; 8 U.S.C. 

1254a(a)(5). For the purposes of change 

of status and adjustment of status, an 

alien is considered to be in, and 

maintaining, lawful status as a 

nonimmigrant during the period in 

which he or she is granted TPS. See 

section 244(f)(4) of the Act; 8 U.S.C. 

1254a(f)(4). 

However, if an alien has periods of 

time when he or she had no lawful 

immigration status before, or after, the 

alien’s time in TPS, those period(s) of 

unlawful presence may negatively affect 

that alien’s ability to adjust to 

permanent resident status or be granted 

other immigration benefits, depending 

on the circumstances. See e.g., section 

212(a)(9) of the Act; 8 U.S.C. 1182(a)(9) 

(unlawful presence ground of 

inadmissibility that is triggered by a 

departure from the United States). In 

some cases, the unlawful presence 

ground of inadmissibility, or certain 

other grounds of inadmissibility, may be 

waived when an alien applies for 

adjustment or change of status. 

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 

alien’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. See 

sections 244(b)(2)(A)(ii) and 

244(c)(2)(B)(ii) of the Act; 8 U.S.C. 

1254a(b)(2)(A)(ii) and 8 U.S.C. 

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

Can nationals of Somalia (or aliens 

having no nationality who last 

habitually resided in Somalia) who 

entered the United States after 

September 4, 2001, file for TPS? 

No. This extension does not expand 

TPS eligibility to those who are not 

currently eligible. To be eligible for 

benefits under this extension, nationals 


jlentini on DSKJ8SOYB1PROD with NOTICES
37048 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

of Somalia (or aliens having no 

nationality who last habitually resided 

in Somalia) must have continuously 

resided and have been continuously 

physically present in the United States 

since September 4, 2001. See section 

244(c)(1) of the Act, 8 U.S.C. 

1254a(c)(1); see also 66 FR 46288 (Sept. 

4, 2001). 

Employment Authorization Document 

Automatic Extension Guidelines 

Who is eligible to receive an automatic 

six-month EAD extension from 

September 17, 2009 to March 17, 2010? 

To receive an automatic six-month 

extension of an EAD, an individual 

must be a national of Somalia (or an 

alien having no nationality who last 

habitually resided in Somalia) who has 

applied for and received an EAD under 

the designation of Somalia for TPS and 

who has not had TPS withdrawn or 

denied. This automatic extension is 

limited to EADs issued on Form I–766, 

Employment Authorization Document, 

bearing an expiration date of September 

17, 2009. These EADs must also bear the 

notation ‘‘A–12’’ or ‘‘C–19’’ on the face 

of the card under ‘‘Category.’’ 

How will I know if I have to report to 

an Application Support Center (ASC) to 

submit biometrics? 

USCIS will mail you a notice with 

instructions as to whether or not you are 

required to appear at an ASC for 

biometrics collection. To increase 

efficiency and improve customer 

service, whenever possible, USCIS will 

reuse previously-captured biometrics 

and will conduct necessary security 

checks using those biometrics, such that 

you may not be required to appear at an 

ASC. Due to systems limitations, it may 

not be possible in every case to reuse 

biometrics. 

However, even if you do not need to 

attend an ASC appointment, you are 

required to pay the separate biometrics 

fee or submit an appropriately 

supported fee waiver request. See 8 CFR 

244.6. This fee will help cover the 

USCIS costs associated with use and 

maintenance of collected biometrics 

(such as fingerprints) for FBI and other 

background checks, identity 

verification, and document production. 

What documents should I bring to my 

ASC appointment? 

When you report to an ASC, you must 

bring the following documents: 

(1) Your receipt notice for your reregistration application; 

(2) Your ASC appointment notice; and 

(3) Your current EAD. 

Failure to appear at an ASC for a 

required ASC appointment will result in 

denial of your case due to abandonment 

unless you submit an address change 

notification (see instructions below) or a 

rescheduling request prior to your 

appointment. 

If no further action is required for 

your case, you will receive a new EAD 

by mail valid through March 17, 2011. 

If your case requires further resolution, 

USCIS will contact you in writing to 

explain what additional information, if 

any, is necessary to resolve your case. If 

your application is subsequently 

approved, you will receive a new EAD 

in the mail with an expiration date of 

March 17, 2011. 

What if my address changes after I file 

my re-registration application? 

If your address changes after you file 

your application for re-registration, you 

must complete and submit Form AR–11 

by mail or electronically. The mailing 

address is: U.S. Citizenship and 

Immigration Services, Change of 

Address, P.O. Box 7134, London, KY 

40742–7134. 

Form AR–11 can also be filed 

electronically by following the 

directions on the USCIS Web site at: 

http://www.uscis.gov. To facilitate 

processing your address change on your 

TPS application, you may call the 

USCIS National Customer Service 

Center at 1–800–375–5283 (TTY 1–800– 

767–1833) to request that your address 

be updated on your application. Please 

note that calling the USCIS National 

Customer Service Center does not 

relieve you of your burden to properly 

file a Form AR–11 with USCIS. 

May I request an interim EAD at my 

local District Office? 

No. USCIS will not issue interim 

EADs to TPS applicants and reregistrants at District Offices. 

How may employers determine whether 

an EAD has been automatically 

extended for six months, through March 

17, 2009, and is therefore an acceptable 

document for completion of the Form I– 

9, Employment Eligibility Verification? 

An EAD that has been automatically 

extended by this Notice through March 

17, 2010 will bear the notation ‘‘A–12’’ 

or ‘‘C–19’’ on the face of the Form I–766 

under ‘‘Category,’’ and have an 

expiration date of September 17, 2009, 

on the face of the card. New EADs or 

extension stickers showing the March 

17, 2009, expiration date of the sixmonth automatic extension will not be 

issued. Employers should not request 

proof of Somalian citizenship. 

Employers should accept an EAD as a 

valid ‘‘List A’’ document and not ask for 

additional Form I–9 documentation if 

presented with an EAD that has been 

extended pursuant to this Federal 

Register Notice, and the EAD reasonably 

appears on its face to be genuine and to 

relate to the employee. This extension 

does not affect the right of an applicant 

for employment or an employee to 

present any legally acceptable document 

as proof of identity and eligibility for 

employment. 

Note to Employers: Employers are 

reminded that the laws requiring 

employment eligibility verification and 

prohibiting unfair immigration-related 

employment practices remain in full force. 

This Notice does not supersede or in any way 

limit applicable employment verification 

rules and policy guidance, including those 

rules setting forth re-verification 

requirements. For questions, employers may 

call the USCIS Customer Assistance Office at 

1–800–357–2099. Also, employers may call 

the U.S. Department of Justice Office of 

Special Counsel for Immigration Related 

Unfair Employment Practices (OSC) 

Employer Hotline at 1–800–255–8155. 

Additional information is available on the 

OSC Web site at http://www.usdoj.gov/crt/ 

osc/index.html. 

How may employers determine an 

employee’s eligibility for employment 

once the automatic six-month extension 

expires on March 17, 2010? 

Eligible TPS aliens will possess an 

EAD on Form I–766 with an extension 

date of March 17, 2011. The EAD will 

bear the notation ‘‘A–12’’ or ‘‘C–19’’ on 

the face of the card under ‘‘Category,’’ 

and should be accepted for the purposes 

of verifying identity and employment 

authorization. 

What documents may a qualified 

individual show to his or her employer 

as proof of employment authorization 

and identity when completing Form I–9? 

During the first six months of this 

extension, qualified individuals who 

have received a six-month automatic 

extension of their EADs by virtue of this 

Federal Register Notice may present 

their TPS-based EADs to their 

employers, as described above, as proof 

of identity and employment 

authorization through March 17, 2010. 

To minimize confusion over this 

extension at the time of hire or reverification, qualified individuals may 

also present a copy of this Federal 

Register Notice regarding the automatic 

extension of employment authorization 

documentation through March 17, 2010. 

After March 17, 2010, a qualified 

individual may present a new EAD 

valid through March 17, 2011. 

Individuals may also present any 

other legally acceptable document or 

combination of documents listed on the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37049 

Form I–9 as proof of identity and 

employment eligibility. 

[FR Doc. E9–17862 Filed 7–24–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

National Communications System 

[Docket No. NCS–2009–0003] 

President’s National Security 

Telecommunications Advisory 

Committee 

AGENCY: National Communications 

System, DHS. 

ACTION: Notice of an Open Advisory 

Committee Meeting 

SUMMARY: The President’s National 

Security Telecommunications Advisory 

Committee (NSTAC) will be meeting by 

teleconference; the meeting will be open 

to the public. 

DATES: August 11, 2009, from 3 p.m. 

until 4 p.m. 

ADDRESSES: The meeting will take place 

by teleconference. For access to the 

conference bridge and meeting 

materials, contact Ms. Sue Daage at 

(703) 235–5526 or by e-mail at 

sue.daage@dhs.gov by 5 p.m. August 4, 

2009. If you desire to submit comments 

regarding the August 11, 2009 meeting, 

they must be submitted by July 29, 

2009. Comments must be identified by 

NCS–2009–0003 and may be submitted 

by one of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: NSTAC1@dhs.gov. Include 

docket number in the subject line of the 

message. 

Mail: Office of the Manager, National 

Communications System (Government 

Industry Planning and Management 

Branch), Department of Homeland 

Security, 245 Murray Lane, SW., 

Washington, DC 20598–0615; Fax: 1– 

866–466–5370. 

Instructions: All submissions received 

must include the words ‘‘Department of 

Homeland Security’’ and NCS–2009– 

0003, the docket number for this action. 

Comments received will be posted 

without alteration at http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received by the NSTAC, go to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sue Daage, Government Industry 

Planning and Management Branch at 

(703) 235–5526, e-mail: 

sue.daage@dhs.gov, or write the Deputy 

Manager, National Communications 

System, Department of Homeland 

Security, 245 Murray Lane, SW., 

Washington, DC 20598–0615. 

SUPPLEMENTARY INFORMATION: NSTAC 

advises the President on issues and 

problems related to implementing 

national security and emergency 

preparedness telecommunications 

policy. Notice of this meeting is given 

under the Federal Advisory Committee 

Act (FACA), Public Law 92–463 (1972), 

as amended appearing in 5 U.S.C. App. 

2. At the upcoming open meeting, the 

NSTAC Principals will receive 

comments from government 

stakeholders and updates on the 

October Planning Meeting and the 

Satellite Task Force. The NSTAC also 

will discuss and vote on the 2009–2010 

Work Plan. 

Persons with disabilities who require 

special assistance should indicate this 

when arranging access to the 

teleconference and are encouraged to 

identify anticipated special needs as 

early as possible. 

Dated: July 21, 2009. 

James Madon, 

Director, National Communications System. 

[FR Doc. E9–17806 Filed 7–24–09; 8:45 am] 

BILLING CODE 9110–9P–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LL WO31000–L13100000.PP0000–24–1A; 

OMB Control Number 1004–0185] 

Information Collection; Oil and Gas 

Exploration, Leasing, and Drainage 

Operations 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: 30-day Notice and Request for 

Comments. 

SUMMARY: The Bureau of Land 

Management (BLM) has submitted an 

information collection request to the 

Office of Management and Budget 

(OMB) for a 3-year extension of OMB 

Control Number 1004–0185 under the 

Paperwork Reduction Act. The 

respondents are businesses which 

provide certification and various 

nonform data to the BLM in order to 

conduct oil and gas exploration and 

leasing activities. 

DATES: The OMB is required to respond 

to this information collection request 

within 60 days but may respond after 30 

days. Therefore, written comments 

should be received on or before August 

26, 2009. 

ADDRESSES: You may submit comments 

directly to the Desk Officer for the 

Department of the Interior (OMB #1004– 

0185), Office of Management and 

Budget, Office of Information and 

Regulatory Affairs, fax 202–395–5806, 

or by electronic mail at 

oira_docket@omb.eop.gov. Please mail a 

copy of your comments to: Bureau 

Information Collection Clearance Officer 

(WO–630), Department of the Interior, 

1849 C Street, NW., Mail Stop 401 LS, 

Washington, DC 20240. 

You may also send a copy of your 

comments by electronic mail to 

jean_sonneman@blm.gov. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Gamble, Division of Fluid 

Minerals at 202–452–0338 (Commercial 

or FTS). 

SUPPLEMENTARY INFORMATION: 

Title: Oil and Gas Exploration, 

Leasing, and Drainage Operations (43 

CFR parts 3100, 3120, 3150, 3162). 

OMB Number: 1004–0185. 

Form Number: 3100–11 (certification). 

Abstract: The Bureau of Land 

Management proposes to extend the 

currently approved collections of 

information, which enable it to 

determine whether applicants are 

qualified to conduct oil and gas 

exploration and leasing activities, and 

whether oil and gas leases are protected 

from drainage. 

60-Day Notice: On November 20, 

2008, the BLM published a 60-day 

notice (73 FR 70363) requesting 

comments on the proposed information 

collection. The comment period ended 

on January 20, 2009. No comments were 

received. 

Current Action: This proposal is being 

submitted to extend the expiration date 

of July 31, 2009. 

Type of Review: 3-year extension. 

Affected Public: Businesses. 

Obligation to Respond: Required to 

obtain or retain benefits. 

Estimated Number of Annual 

Responses: 2,880 

Estimated Number of Annual Burden 

Hours: 6,835. 

There is no filing fees associated with 

these information collections. The BLM 

requests comments on the following 

subjects: 

(1) Whether the collection of 

information is necessary for the proper 

functioning of the BLM, including 

whether the information will have 

practical utility; 

(2) The accuracy of the BLM’s 

estimate of the burden of collecting the 

information, including the validity of 

the methodology and assumptions used; 


jlentini on DSKJ8SOYB1PROD with NOTICES