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

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.


### 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