9958 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 

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 Sec. 

212(d)(3)(B)(ii) of the Act, 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, 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: February 20, 2007. 

Michael Chertoff, 

Secretary of Homeland Security. 

[FR Doc. E7–3913 Filed 3–5–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Exercise of Authority Under Sec. 

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

Nationality Act 

AGENCY: Office of the Secretary, DHS. 

ACTION: Notice of determination. 

DATES: This determination is effective 

February 26, 2007. 

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 Sec. 

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

Nationality Act (‘‘the Act’’), considering 

the national security and foreign policy 

interests deemed relevant in these 

consultations, that subsection 

212(a)(3)(B)(iv)(VI) of the Act shall not 

apply with respect to material support 

provided under duress to a terrorist 

organization as described in subsection 

212(a)(3)(B)(vi)(III) if warranted by the 

totality of the circumstances. 

This exercise of authority as a matter 

of discretion shall apply to an alien who 

satisfies the agency that he: 

(a) Is seeking a benefit or protection 

under the Act and has been determined 

to be otherwise eligible for the benefit 

or protection; 

(b) Has undergone and passed 

relevant background and security 

checks; 

(c) Has fully disclosed, in all relevant 

applications and interviews with U.S. 

Government representatives and agents, 

the nature and circumstances of each 

provision of such material support; and 

(d) Poses no danger to the safety and 

security of the United States. 

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). USCIS has 

discretion to determine whether the 

criteria are met. 

When determining whether the 

material support was provided under 

duress, the following factors, among 

others, may be considered: whether the 

applicant reasonably could have 

avoided, or took steps to avoid, 

providing material support, the severity 

and type of harm inflicted or threatened, 

to whom the harm was directed, and, in 

cases of threats alone, 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 material support provided, the nature 

of the activities committed by the 

terrorist organization, the alien’s 

awareness of those activities, the length 

of time since material support was 

provided, the alien’s conduct since that 

time, and any other relevant factor. 

I may revoke this exercise of authority 

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 shall apply 

to any subsequent benefit or protection 

application, unless it 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 is not 

intended to create any 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. This exercise of 

authority does not affect the continued 

applicability of any other securityrelated ground of inadmissibility in 

section 212 of the Act, including 

subsections 212(a)(3)(B)(iv)(I) through 

(V), which continue to render 

inadmissible those who have engaged in 

terrorist activity as enumerated by those 

subsections. 

In accordance with Sec. 

212(d)(3)(B)(ii) of the Act, 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 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 aliens described herein and 

shall not have any application with 

respect to other persons or to other 

provisions of U.S. law. 

Dated: February 26, 2007. 

Michael Chertoff, 

Secretary of Homeland Security. 

[FR Doc. E7–3914 Filed 3–5–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[DHS–2007–0008] 

Data Privacy and Integrity Advisory 

Committee 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Notice of Federal Advisory 

Committee meeting. 

SUMMARY: The Data Privacy and 

Integrity Advisory Committee will meet 

on March 21, 2007 in Washington, DC. 

This meeting will be open to the public. 

DATES: The Data Privacy and Integrity 

Advisory Committee will meet on 

Wednesday, March 21, 2007 from 9 a.m. 

to 12:30 p.m. and 2:15 p.m. to 3:30 p.m. 

Please note that the meeting may close 

early if the committee has completed its 

business. 

ADDRESSES: The meeting will be held at 

the Crowne Plaza Washington National 

Airport, 1480 Crystal Drive, Arlington, 

Virginia. Send written material, 

comments, and requests to make oral 

presentations to Rebecca J. Richards, 

Executive Director, Data Privacy and 

Integrity Advisory Committee, 

Department of Homeland Security, 

Washington, DC 20528. Written 

materials, comments, and requests to 

make oral presentations at the meeting 

should reach the contact person listed 

by March 16, 2007. Requests to have a 

copy of your material distributed to 

each member of the committee prior to 


cprice-sewell on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 9959 

the meeting should reach the persons 

listed under FOR FURTHER INFORMATION

CONTACT, below, by March 16, 2007. 

Persons wishing to make comments or 

who are unable to attend or speak at the 

meeting may submit comments at any 

time. All submissions received must 

include the docket number: DHS–2007–

0008 and may be submitted by any one 

of the following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow 

instructions for submitting comments 

on the Web site. 

• E-mail: PrivacyCommittee@dhs.gov. 

Include docket number in the subject 

line of the message. 

• Fax: (866) 466–5370. 

• Mail: Ms. Rebecca J. Richards, 

Executive Director, Data Privacy and 

Integrity Advisory Committee, 

Department of Homeland Security, 

Washington, DC 20528. 

Instructions: All submissions received 

must include the words ‘‘Department of 

Homeland Security Data Privacy and 

Integrity Advisory Committee’’ and the 

docket number: DHS–2007–0008. 

Comments received will also be posted 

without alteration at 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received by the DHS Data 

Privacy and Integrity Committee, go to 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hugo Teufel III, Chief Privacy Officer, or 

Rebecca J. Richards, Executive Director, 

Data Privacy and Integrity Advisory 

Committee, Department of Homeland 

Security, Washington, DC 20528, by 

telephone (571) 227–3813, by fax (571) 

227–4171, or by e-mail 

PrivacyCommittee@dhs.gov. 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is given under the Federal 

Advisory Committee Act, 5 U.S.C. App. 

(Pub. L. 92–463). 

During the meeting, the DHS Chief 

Privacy Officer will provide an update 

on the activities of the DHS Privacy 

Office. In the morning and afternoon 

sessions, invited speakers will discuss 

policy development, data integrity, and 

IT transformation at DHS, as well as 

DHS’ plans to implement the REAL ID 

Act. The Subcommittees will update the 

Committee on the work currently being 

conducted. A tentative agenda has been 

posted on the Privacy Advisory 

Committee Web site at www.dhs.gov/ 

privacy. 

At the discretion of the Chair, 

members of the public may make brief 

(i.e., no more than three minutes) oral 

presentations from 4 p.m.–4:30 p.m. If 

you would like to make an oral 

presentation at the meeting, please 

register in advance or sign up on the day 

of the meeting. If you would like a copy 

of your material(s) distributed to each 

member of the committee in advance, 

please submit 22 copies to Rebecca J. 

Richards by March 16, 2007. 

Information on Services for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

meeting, contact Rebecca J. Richards as 

soon as possible. 

Dated: February 28, 2007. 

Kenneth Mortensen, 

Acting Chief Privacy Officer. 

[FR Doc. 07–1008 Filed 3–5–07; 8:45 am] 

BILLING CODE 4410–10–P 

NUCLEAR REGULATORY 

COMMISSION 

DEPARTMENT OF HOMELAND 

SECURITY 

Memorandum of Understanding 

Between the Nuclear Regulatory 

Commission and the Department of 

Homeland Security Regarding 

Consultation Concerning Potential 

Vulnerabilities of the Location of 

Proposed New Utilization Facilities 

I. Purpose 

This Memorandum of Understanding 

(MOU) establishes a process to 

implement the provisions of Section 657 

of the Energy Policy Act of 2005 (EPA), 

Public Law 109–58, 119 Stat. 594, 814 

(2005). Section 657 states: 

Sec. 657. Department of Homeland Security 

Consultation 

Before issuing a license for a utilization 

facility, the Nuclear Regulatory Commission 

shall consult with the Department of 

Homeland Security concerning the potential 

vulnerabilities of the location of the proposed 

facility to terrorist attack. 

II. Background 

Nuclear Regulatory Commission 

Pursuant to Section 103 of the Atomic 

Energy Act of 1954, as amended, 42 

U.S.C. 2133, the NRC is responsible for 

licensing and regulating the 

construction and operation of 

commercial nuclear power plants 

(known as ‘‘utilization facilities’’) in the 

United States to protect the health and 

safety of the public and to promote the 

common defense and security. In 

conducting its review of applications for 

such facilities pursuant to the 

Commission’s implementing regulations 

in 10 CFR Parts 50 and 52, the NRC 

must, among other matters, determine 

the suitability of the site for the 

proposed facility. 

Among the provisions pertaining to 

the determination of site suitability, 

issues associated with the common 

defense and security are, as a general 

matter, addressed through the 

requirements of 10 CFR 100.21(f). This 

provision requires applicants to 

demonstrate that the site characteristics 

of the proposed location are such ‘‘that 

adequate security plans and measures 

can be developed.’’ In conducting its 

technical review of this portion of the 

application, the NRC addresses 

potential vulnerabilities of the location 

of the proposed facility to terrorist 

attack; this evaluation focuses on 

assessing the impact of the following 

factors: 

(1) Pedestrian and vehicular land 

approaches, (2) railroad approaches, (3) 

waterborne approaches, (4) potential 

‘‘high-ground’’ adversary advantage 

areas, (5) nearby road and/or 

transportation routes, and (6) nearby 

hazardous materials facilities, airports, 

dams, military and chemical facilities, 

and pipelines. 

Commencing in FY07, a substantial 

number of applications for new nuclear 

power plants is expected. 

Department of Homeland Security 

The Department of Homeland 

Security (DHS), pursuant to the 

Homeland Security Act (HSA) of 2002, 

Public Law 107–296, 116 Stat. 2135; 

Homeland Security Presidential 

Directive 7 (HSPD–7); and the National 

Infrastructure Protection Plan (NIPP) of 

2006, has the authority and 

responsibility to lead the unified 

national effort to secure America by 

preventing, deterring, and responding to 

terrorist attacks and other threats and 

hazards to the Nation, including 

protecting the Nation’s critical 

infrastructure (CI) and key resources 

(KR), such as the subject ‘‘utilization 

facilities.’’

III. Consultation Roles and 

Responsibilities 

The NRC will ‘‘consult’’ with the DHS 

under Section 657 of the EPA as 

follows: 

Before issuing a license for a utilization 

facility, the NRC will request, and the DHS 

will review and provide to the NRC comment 

on the potential vulnerabilities of the 

location of the proposed facility to terrorist 

attack. This review and comment will be 

based on information, including the 

application, provided by the NRC, and any 

other factors, consistent with DHS 

authorities, the DHS considers vital to 


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