Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Notices 2131 

without notice at any time, with respect 

to any and all persons subject to it. Any 

determination made under this exercise 

of authority as set out above can inform 

but shall not control a decision 

regarding any subsequent benefit or 

protection application, unless such 

exercise of authority has been revoked. 

This exercise of authority shall not be 

construed to prejudice, in any way, the 

ability of the U.S. government to 

commence subsequent criminal or civil 

proceedings in accordance with U.S. 

law involving any beneficiary of this 

exercise of authority (or any other 

person). This exercise of authority 

creates no substantive or procedural 

right or benefit that is legally 

enforceable by any party against the 

United States or its agencies or officers 

or any other person. 

In accordance with section 

212(d)(3)(B)(ii) of the INA, 8 U.S.C. 

1182(d)(3)(B)(ii), a report on the aliens 

to whom this exercise of authority is 

applied, on the basis of case-by-case 

decisions by the U.S. Department of 

Homeland Security or by the U.S. 

Department of State, shall be provided 

to the specified congressional 

committees not later than 90 days after 

the end of the fiscal year. 

This determination is based on an 

assessment related to the national 

security and foreign policy interests of 

the United States as they apply to the 

particular persons described herein and 

shall not have any application with 

respect to other persons or to other 

provisions of U.S. law. 

Dated: October 18, 2010. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2011–425 Filed 1–11–11; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Exercise of Authority Under Section 

212(d)(3)(B)(i) of the Immigration and 

Nationality Act 

AGENCY: Office of the Secretary, DHS. 

ACTION: Notice of Determination. 

Authority: 8 U.S.C. 1182(d)(3)(B)(i). 

Following consultations with the 

Secretary of State and the Attorney 

General, I hereby conclude, as a matter 

of discretion in accordance with the 

authority granted to me by section 

212(d)(3)(B)(i) of the Immigration and 

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

1182(d)(3)(B)(i), as amended, as well as 

the foreign policy and national security 

interests deemed relevant in these 

consultations, that section 212(a)(3)(B) 

of the INA, 8 U.S.C. 1182(a)(3)(B), 

excluding subclause (i)(II), shall not 

apply, with respect to an alien, for any 

activity or association relating to the All 

Burma Students’ Democratic Front 

(ABSDF), provided that the alien 

satisfies the relevant agency authority 

that the alien: 

(a) Is seeking a benefit or protection 

under the INA and has been determined 

to be otherwise eligible for the benefit 

or protection; 

(b) Has undergone and passed all 

relevant background and security 

checks; 

(c) Has fully disclosed, to the best of 

his or her knowledge, in all relevant 

applications and interviews with U.S. 

government representatives and agents, 

the nature and circumstances of 

activities or associations falling within 

the scope of section 212(a)(3)(B) of the 

INA, 8 U.S.C. 1182(a)(3)(B); 

(d) Has not participated in, or 

knowingly provided material support to, 

terrorist activities that targeted 

noncombatant persons or U.S. interests; 

(e) Poses no danger to the safety and 

security of the United States; and 

(f) Warrants an exemption from the 

relevant inadmissibility provision in the 

totality of the circumstances. 

Implementation of this determination 

will be made by U.S. Citizenship and 

Immigration Services (USCIS), in 

consultation with U.S. Immigration and 

Customs Enforcement (ICE), or by U.S. 

consular officers, as applicable, who 

shall ascertain, to their satisfaction, and 

in their discretion, that the particular 

applicant meets each of the criteria set 

forth above. 

This exercise of authority may be 

revoked as a matter of discretion and 

without notice at any time, with respect 

to any and all persons subject to it. Any 

determination made under this exercise 

of authority as set out above can inform 

but shall not control a decision 

regarding any subsequent benefit or 

protection applications, unless such 

exercise of authority has been revoked. 

This exercise of authority shall not be 

construed to prejudice, in any way, the 

ability of the U.S. government to 

commence subsequent criminal or civil 

proceedings in accordance with U.S. 

law involving any beneficiary of this 

exercise of authority (or any other 

person). This exercise of authority 

creates no substantive or procedural 

right or benefit that is legally 

enforceable by any party against the 

United States or its agencies or officers 

or any other person. 

In accordance with section 

212(d)(3)(B)(ii) of the INA, 8 U.S.C. 

1182(d)(3)(B)(ii), a report on the aliens 

to whom this exercise of authority is 

applied, on the basis of case-by-case 

decisions by the U.S. Department of 

Homeland Security or by the U.S. 

Department of State, shall be provided 

to the specified congressional 

committees not later than 90 days after 

the end of the fiscal year. 

This determination is based on an 

assessment related to the national 

security and foreign policy interests of 

the United States as they apply to the 

particular persons described herein and 

shall not have any application with 

respect to other persons or to other 

provisions of U.S. law. 

Dated: December 16, 2010. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2011–426 Filed 1–11–11; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2010–0032] 

Federal Radiological Preparedness 

Coordinating Committee 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice of public meeting. 

SUMMARY: The Federal Radiological 

Preparedness Coordinating Committee 

(FRPCC) is holding a public meeting on 

January 20, 2011 in Arlington, VA. 

DATES: The meeting will take place on 

January 20, 2011. The session open to 

the public will be from 9 a.m. EST to 10 

a.m. EST. Send written statements and 

requests to make oral statements to the 

contact person listed under the FOR

FURTHER INFORMATION CONTACT caption 

by close of business January 14, 2011. 

ADDRESSES: The meeting will be held at 

the Crystal City Marriott at Reagan 

National Airport located at 1999 

Jefferson Davis Highway, Arlington, VA 

22202, in Salon E & F. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Greten, FRPCC Executive 

Secretary, DHS/FEMA, 1800 South Bell 

Street—CC847, Mail Stop 3025, 

Arlington, VA 20598–3025; telephone 

(202) 646–3907; fax (703) 305–0837; or 

e-mail timothy.greten@dhs.gov. 

SUPPLEMENTARY INFORMATION: The role 

and functions of the Federal 

Radiological Preparedness Coordinating 

Committee (FRPCC) are described in 44 

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