14418 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 

entitled ‘‘PH2 Receptor Ligands’’ (HHS 

Ref. No. E–123–1999/0), and 7,087,736 

entitled ‘‘Tyrosine DNA 

phosphodiesterases (TDP) and related 

polypeptides, nucleic acids, vectors, 

TDP producing host cells, antibodies 

and methods of use’’ (HHS Ref. No. 

E–281–1999/0). The patent rights in this 

invention have been assigned to the 

United States of America. 

The prospective exclusive license 

territory may be worldwide and the 

field of use may be for the use of the 

Licensed Patent Rights in developing 

biopharmaceutical products. 

DATES: Only written comments and/or 

applications for a license which are 

received by the NIH Office of 

Technology Transfer on or before March 

31, 2011 will be considered. 

ADDRESSES: Requests for copies of the 

patent application, inquiries, comments, 

and other materials relating to the 

contemplated exclusive license should 

be directed to: Mojdeh Bahar, J.D., 

Chief, Cancer Branch, Office of 

Technology Transfer, National Institutes 

of Health, 6011 Executive Boulevard, 

Suite 325, Rockville, MD 20852–3804; 

Telephone: (301) 435–2950; Facsimile: 

(301) 402–0220; E-mail: 

baharm@mail.nih.gov. 

SUPPLEMENTARY INFORMATION: Prior to 

March 31, 2011, with NIH’s explicit 

prior consent, ICAP will advertise the 

availability of the NIH technologies for 

licensing. Bidders may bid at anytime. 

Before any bid is accepted, NIH will 

review the commercial development 

plan (CDP) and assess the suitability of 

the bidder as a licensee. 

The prospective exclusive license will 

be royalty bearing and will comply with 

the terms and conditions of 35 U.S.C. 

209 and 37 CFR 404.7. The prospective 

exclusive license may be granted unless 

within fifteen(15) days from the date of 

this published notice, the NIH receives 

written evidence and argument that 

establishes that the grant of the license 

would not be consistent with the 

requirements of 35 U.S.C. 209 and 37 

CFR 404.7. 

Applications for a license in the field 

of use filed in response to this notice 

will be treated as objections to the grant 

of the contemplated exclusive license. 

Comments and objections submitted to 

this notice will not be made available 

for public inspection and, to the extent 

permitted by law, will not be released 

under the Freedom of Information Act, 

5 U.S.C. 552. 

Dated: March 9, 2011. 

Richard U. Rodriguez, 

Director, Division of Technology Development 

and Transfer, Office of Technology Transfer, 

National Institutes of Health. 

[FR Doc. 2011–6124 Filed 3–15–11; 8:45 am] 

BILLING CODE 4140–01–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 subsection 

212(a)(3)(B)(i)(VIII) of the INA, 8 U.S.C. 

1182(a)(3)(B)(i)(VIII), shall not apply, 

with respect to an alien, who received 

military-type training (as defined in 

section 2339D(c)(1) of title 18, United 

States Code) under duress from, or on 

behalf of, a terrorist organization as 

described in subsection 212(a)(3)(B)(vi), 

8 U.S.C. 1182(a)(3)(B)(vi), 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 each 

instance of military-type training and 

any other activity or association falling 

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

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

(d) Has not received training that 

itself poses a risk to the United States 

or United States interests (e.g., training 

on production or use of a weapon of 

mass destruction, as defined by 18 

U.S.C. Section 2332a(c)(2), torture, or 

espionage); 

(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. 

When determining whether the 

military-type training was received 

under duress, the following factors, 

among others, may be considered: 

Whether the applicant reasonably could 

have avoided, or took steps to avoid, 

receiving military-type training, 

including whether the applicant left or 

escaped the training at the earliest 

opportunity, if one presented itself; the 

severity and type of harm inflicted or 

threatened and to whom the harm was 

directed; and the perceived imminence 

of the harm threatened and the 

perceived likelihood that the harm 

would be inflicted. 

When considering the totality of the 

circumstances, factors to be considered, 

in addition to the duress-related factors 

stated above, may include, among 

others: The length and nature of the 

military-type training provided; the 

nature of the activities committed by the 

terrorist organization; the alien’s 

awareness of those activities; the alien’s 

conduct since the time of the militarytype training; and any other relevant 

factor. 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 14419 

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: January 7, 2011. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2011–6121 Filed 3–15–11; 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 subsections 

212(a)(3)(B)(iv)(IV) and 

212(a)(3)(B)(iv)(V) of the INA, 8 U.S.C. 

1182(a)(3)(B)(iv)(IV) and 

1182(a)(3)(B)(iv)(V), shall not apply, 

with respect to an alien, for solicitation 

of funds or other things of value for a 

terrorist organization described in 

subsection 212(a)(3)(B)(vi), 8 U.S.C. 

1182(a)(3)(B)(vi), under duress, or for 

solicitation of any individual for 

membership in a terrorist organization 

described in subsection 212(a)(3)(B)(vi), 

8 U.S.C. 1182(a)(3)(B)(vi), under duress, 

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 each 

instance of solicitation and any other 

activity or association falling within the 

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

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

(d) Poses no danger to the safety and 

security of the United States; and 

(e) 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. 

When determining whether the 

solicitation was provided under duress, 

the following factors, among others, may 

be considered: Whether the applicant 

reasonably could have avoided, or took 

steps to avoid, soliciting; the severity 

and type of harm inflicted or threatened 

and to whom the harm was directed; 

and the perceived imminence of the 

harm threatened and the perceived 

likelihood that the harm would be 

inflicted. 

When considering the totality of the 

circumstances, factors to be considered, 

in addition to the duress-related factors 

stated above, may include, among 

others: The amount, type, and frequency 

of solicitation provided; the nature of 

the activities committed by the terrorist 

organization; the alien’s awareness of 

those activities; the length of time since 

the solicitation was provided; the alien’s 

conduct since that time; and any other 

relevant factor. 

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: January 7, 2011. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2011–6122 Filed 3–15–11; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

Agency Information Collection 

Activities: Form I–212; Extension of an 

Existing Information Collection; 

Comment Request 

ACTION: 60-Day Notice of Information 

Collection Under Review; Form I–212, 

Application for Permission to Reapply 

for Admission into the United States 

after Deportation or Removal; OMB 

Control No. 1615–0018. 

The Department Homeland Security, 

U.S. Citizenship and Immigration 

Services (USCIS) will be submitting the 

following information collection request 

for review and clearance in accordance 

with the Paperwork Reduction Act of 

1995. This information collection is 

published to obtain comments from the 

public and affected agencies. Comments 

are encouraged and will be accepted for 

sixty days until May 16, 2011. 

During this 60 day period, USCIS will 

be evaluating whether to revise the 

Form I–212. Should USCIS decide to 

revise Form I–212 we will advise the 

public when we publish the 30-day 

notice in the Federal Register in 

accordance with the Paperwork 

Reduction Act. The public will then 

have 30 days to comment on any 

revisions to the Form I–212. 

Written comments and/or suggestions 

regarding the item(s) contained in this 

notice, especially regarding the 

estimated public burden and associated 


jlentini on DSKJ8SOYB1PROD with NOTICES