Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Notices 49821 

Advancing Translational Sciences, Bethesda, 

MD 20892, 301–443–3367. 

Name of Committee: National Center for 

Advancing Translational Sciences Advisory 

Council. 

Date: September 14, 2012. 

Open: 8:30 a.m. to 2:30 p.m. 

Agenda: Report from the Acting Institute 

Director. 

Place: National Institutes of Health, 

Building 31, 31 Center Drive, Conference 

Room 6, Bethesda, MD 20892. 

Closed: 3:00 p.m. to 4:30 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 

Building 31, 31 Center Drive, Conference 

Room 6, Bethesda, MD 20892. 

Contact Person: Jane A. Steinberg, Ph.D., 

Executive Secretary, National Center for 

Advancing Translational Sciences, Bethesda, 

MD 20892, 301–443–3367. 

Dated: August 13, 2012 

Jennifer Spaeth 

Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2012–20273 Filed 8–16–12; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute of Biomedical 

Imaging and Bioengineering; Notice of 

Closed Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. App.), notice is 

hereby given of the following meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: National Institute of 

Biomedical Imaging and Bioengineering 

Special Emphasis Panel; ZEB1 OSR–D(J1) S 

T32 Training and R25 Residency and Clinical 

Fellows Awards Review Meeting. 

Date: October 11, 2012. 

Time: 8:00 a.m. to 5:00 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National institutes of Health, DEM 

II, 6707 Democracy Boulevard, Suite 941, 

Bethesda, MD 20892. 

Contact Person: John K. Hayes, Ph.D., 

Scientific Review Officer, National Institute 

of Biomedical Imaging and Bioengineering, 

National Institutes of Health, 6707 

Democracy Boulevard, Room 959, Bethesda, 

MD 20892, 301–451–3398, 

hayesj@mail.nih.gov. 

Dated: August 9, 2012. 

Anna P. Snouffer, 

Deputy Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2012–20272 Filed 8–16–12; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Exercise of Authority Under 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 paragraphs (iv)(IV), 

(iv)(V), (iv)(VI), and (i)(VIII) of section 

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

1182(a)(3)(B), shall not apply with 

respect to an alien not otherwise 

covered by the automatic relief 

provisions of section 691(b) of the 

Consolidated Appropriations Act, 2008 

or by a more specific Exercise of 

Authority under section 212(d)(3)(B)(i) 

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

who meets the specifications of 

paragraphs (a) through (d) of this 

determination. 

(a) Alien Qualification: To qualify 

under this determination, an alien must 

have: 

(1) Solicited funds or other things of 

value for; 

(2) Solicited any individual for 

membership in; 

(3) Provided material support to; or 

(4) Received military-type training 

from, or on behalf of, an organization 

described in paragraph (b). 

(b) Organization Qualification. An 

organization meets the specifications of 

paragraph (a) of this determination if, at 

any time during the alien’s activities 

discussed in paragraph (a), it was a 

terrorist organization as described in 

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

1182(a)(3)(B)(vi)(III), insofar as that 

organization: 

(1) Is not identified in either 

Executive Order 13224, as amended, or 

otherwise designated by the Secretary of 

State or the Secretary of the Treasury 

pursuant to the Specially Designated 

Nationals List (SDNL), or in lists 

established by United Nations Security 

Council Committee pursuant to 

Resolutions 1267 (1999) or 1988 (2011) 

concerning Al-Qaida and the Taliban 

and associated individuals and entities; 

and 

(2) Has at no time targeted U.S. 

interests or persons, including planned 

or attempted attacks on U.S. interests or 

persons; engaged in a pattern or practice 

of torture, as defined in 18 U.S.C. 

2441(d)(1)(A), genocide, as described in 

18 U.S.C. 1091(a), or the use of child 

soldiers, as described in 18 U.S.C. 2242; 

or been designated a terrorist 

organization as described in subsections 

212(a)(3)(B)(vi)(I) or (II) of the INA, 8 

U.S.C. 1182(a)(3)(B)(vi)(I) or (II). 

(c) Additional Qualifications. To meet 

the requirements of this determination, 

the alien must also meet the following 

specifications: 

(1) On or before the date of this 

Exercise of Authority, was admitted as 

a refugee or granted asylum, temporary 

protected status, or adjustment of status 

under the Nicaraguan Adjustment and 

Central American Relief Act (NACARA) 

or the Haitian Refugee Immigration 

Fairness Act (HRIFA), or granted a 

similar immigration benefit other than a 

non-immigrant visa; or 

(2) Is the beneficiary of an I–730 

Refugee/Asylee Relative Petition filed at 

any time by such an asylee or refugee. 

(d) Evidentiary Requirements. An 

alien must satisfy the relevant agency 

authority that the alien: 

(1) Is seeking a benefit or protection 

under the INA and has been determined 

to be otherwise eligible for the benefit 

or protection; 

(2) Has undergone and passed all 

relevant background and security 

checks; 

(3) 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, material 

support, and 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); 

(4) Has not knowingly provided 

material support to terrorist activities 

that targeted noncombatant persons, 

U.S. citizens, or U.S. interests; 

(5) 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. 


erowe on DSK2VPTVN1PROD with NOTICES
49822 Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Notices 

Section 2332a(c)(2), torture, or 

espionage); 

(6) Poses no danger to the safety and 

security of the United States; 

(7) Is not in removal proceedings or 

subject to a final order of removal, 

unless the alien is the beneficiary of an 

I–730 Refugee/Asylee Relative Petition; 

and 

(8) Warrants an exemption from the 

relevant inadmissibility provision(s) in 

the totality of the circumstances. 

Implementation of this determination 

will be made by U.S. Citizenship and 

Immigration Services (USCIS), which 

shall ascertain, to its satisfaction and in 

its discretion, that the particular 

applicant meets each of the criteria set 

forth above. 

When considering the totality of the 

circumstances, factors to be considered 

may include, among others: The nature 

of the activities committed by the 

terrorist organization, including the 

extent to which the activities have 

targeted noncombatant persons; the 

alien’s awareness of those activities; the 

amount, type, and frequency of material 

support or solicitation provided; the 

length and nature of military-type 

training provided; the length of time 

since material support or solicitation 

was provided, or military-type training 

was received, and 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 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, 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: August 10, 2012. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2012–20278 Filed 8–16–12; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[OMB Control Number 1615–0019] 

Agency Information Collection 

Activities: Application for Removal, 

Form I–243; Revision of a Currently 

Approved Collection 

ACTION: 60-Day Notice. 

The Department of 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. The 

information collection notice is 

published in the Federal Register to 

obtain comments from the public and 

affected agencies. Comments are 

encouraged and will be accepted for 

sixty days until October 16, 2012. 

During this 60 day period, USCIS will 

be evaluating whether to revise the 

Form I–243. Should USCIS decide to 

revise Form I–243 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–243. 

Written comments and suggestions 

regarding items contained in this 

information collection notice, and 

especially with regard to the estimated 

public burden and associated response 

time, should be directed to the 

Department of Homeland Security 

(DHS), USCIS, Office of Policy and 

Strategy, Laura Dawkins, Chief, 

Regulatory Coordination Division, 20 

Massachusetts Avenue NW., 

Washington, DC 20529. Comments may 

be submitted to DHS via email at 

uscisfrcomment@dhs.gov and must 

include OMB Control Number 1615– 

0019 in the subject box. Comments may 

also be submitted via the Federal 

eRulemaking Portal Web site at http:// 

www.Regulations.gov under e-Docket ID 

number USCIS–2008–0006. 

All submissions received must 

include the agency name and Docket ID. 

Regardless of the method used for 

submitting comments or material, all 

submissions will be posted, without 

change, to the Federal eRulemaking 

Portal at http://www.regulations.gov, 

and will include any personal 

information you provide. Therefore, 

submitting this information makes it 

public. You may wish to consider 

limiting the amount of personal 

information that you provide in any 

voluntary submission you make to DHS. 

DHS may withhold information 

provided in comments from public 

viewing that it determines may impact 

the privacy of an individual or is 

offensive. For additional information, 

please read the Privacy Act notice that 

is available via the link in the footer of 

http://www.regulations.gov. 

Written comments and suggestions 

from the public and affected agencies 

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, without change, of a 

currently approved collection. NOTE: 

On July 18, 2012, a 60-day information 

collection notice was published in the 

Federal Register at 77 FR 42322 in 

error. All comments should be 

submitted to USCIS through this notice. 

(2) Title of the Form/Collection: 

Application for Removal. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Homeland Security 


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