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###### Department of Homeland Security

###### United States Immigration and Customs Enforcement

# ACTION:

30-Day Notice of Information Collection Under Review; Form I-246, Application for Stay of Deportation or Removal; OMB Control No. 1653-0021.

                    The Department of Homeland Security, U.S. Immigration and Customs Enforcement (USICE), is submitting the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The Information Collection was previously published in the                     **Federal Register**                     on June 2, 2009 Vol. 74 No. 104 26417, allowing for a 60 day public comment period. USICE received no comments on this Information Collection from the public during this 60 day period.                

The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted for thirty days September 3, 2009.

                    Written comments and suggestions from the public and affected agencies regarding items contained in this notice and especially with regard to the estimated public burden and associated response time should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for U.S. Immigration and Customs Enforcement, Department of Homeland Security, and sent via electronic mail to                     *oira_submission@omb.eop.gov*                     or faxed to (202) 395-5806.                

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 agency's 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:*                     Application for Stay of Deportation or Removal.                

                    (3)                     *Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:*                     Form I-246. U.S. Immigration and Customs Enforcement.                

                    (4)                     *Affected public who will be asked or required to respond, as well as a brief abstract: Primary:*                     Individual or Households, Business or other non-profit. The information collected on the Form I-246 is necessary for U.S. Immigration and Customs Enforcement (ICE) to make a determination that the eligibility requirements for a request for a stay of deportation or removal are met by the applicant.                

                    (5)                     *An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:*                     10,000 responses at 30 minutes (.50 hours) per response.                

                    (6)                     *An estimate of the total public burden (in hours) associated with the collection:*                     5000 annual burden hours.                

                    Requests for a copy of the proposed information collection instrument, with instructions; or inquiries for additional information regarding this Information Collection should be requested via e-                          ( print page 38666)                        mail to:                     *forms.ice@dhs.gov*                     with “ICE Form I-246” in the subject line.                

Dated: July 30, 2009.

Joseph M. Gerhart,

Chief, Records Management Branch, Office of Asset Management, U.S. Immigration and Customs Enforcement, Department of Homeland Security.

[FR Doc. E9-18612 Filed 8-3-09; 8:45 am]

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