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###### Department of Homeland Security

###### Citizenship and Immigration Services

# ACTION:

Request OMB Emergency Approval: Request to Enforce Affidavit of Financial Support and Intent to Petition for Custody for Public Law 97-359 Amerasian; Form I-363. 

The Department of Homeland Security (DHS), Citizenship and Immigration Services (CIS) has submitted an emergency information collection request (ICR) utilizing  emergency review procedures, to the Office of Management and Budget (OMB) for review and clearance in accordance with section 1320.13(a)(1)(ii) and (a)(2)(iii) of the Paperwork Reduction Act of 1995. The DHS has determined that it cannot reasonably comply with the normal clearance procedures under this part because normal clearance procedures are  reasonably likely to prevent or disrupt the collection of information. Therefore, OMB approval has been requested by October 31, 2004.

If granted, the emergency approval is only valid for 90 days. ALL comments and/or questions pertaining to this pending request for emergency approval MUST be directed to OMB, Office of Information and Regulatory Affairs, Attention: Desk Officer, Department of Homeland Security, 725-17th Street, NW., Suite 10235, Washington, DC 20503; 202-395-5806.

During the first 60 days of this same period, a regular review of this information collection is also being undertaken. During the regular review period, the DHS requests written comments and suggestions from the public and affected agencies concerning this information collection. Comments are encouraged and will be accepted until November 29, 2004. During the 60-day regular review, ALL comments and suggestions, or questions regarding additional information, as well as requests to obtain a copy of the information collection instrument with instructions, should be directed to Mr. Richard A. Sloan, 202-616-7600, Director, Regulatory Management Division, Department of Homeland Security, 111 Massachusetts Avenue, NW., Washington, DC  20529. Written comments and suggestions  from the public and affected agencies concerning the proposed collection of information should address one or more 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, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agencies 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 collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological  collection techniques or other forms of information technology,                     *e.g.*, permitting electronic submission of responses.                

*Overview of this information collection:*

                    (1)                     *Type of Information Collection:*                     Extension of a currently approved information collection.                

                    (2)                     *Title of the Form/Collection:*                     Request to Enforce Affidavit of Financial Support and Intent to Petition for Custody for Public Law 97-359 Amerasian.                

                    (3)                     *Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:*                     Form I-363. Citizenship and Immigration Services (CIS).                

                    (4)                     *Affected public who will be asked or required to respond, as well as a brief abstract:*                     Primary: Individuals or Households. This form is used to determine whether an Affidavit of Financial Support and Intent to Petition for Legal Custody requires enforcement.                          ( print page 58178)    

                    (5)                     *An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:*                     50 responses at 30 minutes (.50 hours) per response.                

                    (6)                     *An estimate of the total public burden (in hours) associated with the collection:*                     25 annual burden hours.                

If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please contact Richard A. Sloan 202-616-7600, Director, Regulatory Management Division, Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Washington, DC 20529. Additionally, comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time may also be directed to Mr. Richard A. Sloan.

Dated: September 24, 2004.

Richard A. Sloan,

Department Clearance Officer, Department of Homeland Security, Citizenship and Immigration Services.

[FR Doc. 04-21791 Filed 9-28-04; 8:45 am] 

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