Exercise of Authority Under the Immigration and Nationality Act, 66036-66037 [2013-26263]

Download as PDF 66036 Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Notices 2002 (Pub. L. 107–296) established this requirement. This notice and request for comments is required by the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter 35). DATES: Comments are encouraged and will be accepted until December 4, 2013. through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. DEPARTMENT OF HOMELAND SECURITY Interested persons are invited to submit comments, identified by docket number DHS–2013–0028, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Please follow the instructions for submitting comments. • Email: Kathy.Higgins@hq.dhs.gov. Please include docket number DHS– 2013–0028 in the subject line of the message. • Fax: (202) 254–6171. (Not a toll-free number). • Mail: Science and Technology Directorate, ATTN: Chief Information Officer—Rick Stevens, 1120 Vermont Ave, Mail Stop 0202, Washington, DC 20005. [Docket No. DHS–2013–0028] FOR FURTHER INFORMATION CONTACT: (1) Type of Information Collection: Renewal of Information Collection. (2) Title of the Form/Collection: First Responders Community of Practice: User Registration Form. (3) Agency Form Number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: DHS Science & Technology Directorate, R-Tech (RTD), DHS Form 10059 (09/09). (4) Affected public who will be asked or required to respond, as well as a brief abstract: Individuals; the data will be gathered from individual first responders who wish to participate in the First Responders Community of Practice. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: a. Estimate of the total number of respondents: 2000. b. An estimate of the time for an average respondent to respond: 0.5 burden hours. c. An estimate of the total public burden (in hours) associated with the collection: 1000 burden hours. wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. laboratories do. Upon finding a Canadian laboratory to be qualified, HHS will recommend that DOT certify the laboratory (Federal Register, July 16, 1996) as meeting the minimum standards of the Mandatory Guidelines published in the Federal Register on April 30, 2010 (75 FR 22809). After receiving DOT certification, the laboratory will be included in the monthly list of HHScertified laboratories and participate in the NLCP certification maintenance program. Janine Denis Cook, Chemist, Division of Workplace Programs, Center for Substance Abuse Prevention, SAMHSA. [FR Doc. 2013–26276 Filed 11–1–13; 8:45 am] BILLING CODE 4160–20–P Agency Information Collection Activities: Submission for Review; Information Collection Extension Request for the DHS S&T First Responders Community of Practice Program Science and Technology Directorate, DHS. ACTION: 30-day Notice and request for comment. AGENCY: The Department of Homeland Security (DHS) invites the general public to comment on the data collection form for the DHS Science & Technology (S&T) First Responders Community of Practice (FRCoP): User Registration Page (DHS Form 10059 (9/ 09)). The FRCoP web based tool collects profile information from first responders and select authorized non-first responder users to facilitate networking and formation of online communities. All users are required to authenticate prior to entering the site. In addition, the tool provides members the capability to create wikis, discussion threads, blogs, documents, etc., allowing them to enter and upload content in accordance with the site’s Rules of Behavior. Members are able to participate in threaded discussions and comment on other member’s content. The DHS S&T FRCoP program is responsible for providing a collaborative environment for the first responder community to share information, best practices, and lessons learned. Section 313 of the Homeland Security Act of TKELLEY on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:07 Nov 01, 2013 Jkt 232001 ADDRESSES: DHS FRCoP Contact Kathy Higgins (202) 254–2293 (Not a toll free number). SUPPLEMENTARY INFORMATION: DHS S&T currently has approval to collect information utilizing the User Registration Form until September 30, 2012 with OMB approval number 1640– 0016. The User Registration Form will be available on the First Responders Community of Practice Web site found at [https:// communities.firstresponder.gov/]. The user will complete the form online and submit it through the Web site. The Department is committed to improving its information collection and urges all interested parties to suggest how these materials can further reduce burden while seeking necessary information under the Paper Reduction Act. DHS is particularly interested in comments that: (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) Suggest ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Suggest ways to minimize the burden of the collection of information on those who are to respond, including PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 Overview of This Information Collection Dated: September 27, 2013. Rick Stevens, Chief Information Officer for Science and Technology. [FR Doc. 2013–26259 Filed 11–1–13; 8:45 am] BILLING CODE 9110–9F–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Exercise of Authority Under the Immigration and Nationality Act Office of the Secretary, DHS. Notice of determination. AGENCY: ACTION: 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 E:\FR\FM\04NON1.SGM 04NON1 TKELLEY on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Notices interests deemed relevant in these consultations, that paragraphs (i)(VIII), (iv)(IV), (iv)(V), and (iv)(VI) of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), shall not apply with respect to an, for solicitation of funds or other things of value for; solicitation of any individual for membership; the provision of material support to; who received military-type training from or on behalf of the Democratic Movement for the Liberation of Eritrean Kunama (DMLEK), provided that the alien satisfies the relevant agency authority that the alien: (a) is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) has undergone and passed all relevant background and security checks; (c) 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 military-type training, solicitation, and material support, 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); (d) has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons or U.S. interests; (e) poses no danger to the safety and security of the United States; and (f) 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), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above. 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 VerDate Mar<15>2010 17:07 Nov 01, 2013 Jkt 232001 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 or by the U.S. Department of State, 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: October 17, 2013. Rand Beers, Acting Secretary of Homeland Security. [FR Doc. 2013–26263 Filed 11–1–13; 8:45 am] BILLING CODE 9110–9M–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Exercise of Authority Under the Immigration and Nationality Act Office of the Secretary, DHS. Notice of determination. AGENCY: ACTION: 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 (i)(VIII), (iv)(IV), (iv)(V), and (iv)(VI) 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 who: (a) On or after January 1, 1980, solicited funds or other things of value for; solicited any individual for membership in; provided material support to; or received military-type training from or on behalf of the Eritrean Liberation Front (ELF); or (b) prior to January 1, 1980, engaged in the conduct described above with respect to the ELF and was previously PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 66037 granted asylum or admitted as a refugee under the INA on or before the date of this Exercise of Authority, or is the beneficiary of an I–730 Refugee/Asylee Relative Petition filed at any time by such an asylee or admitted refugee, provided that the alien satisfies the relevant agency authority that the alien: (a) Is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) has undergone and passed all relevant background and security checks; (c) 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); (d) has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons or U.S. interests; (e) poses no danger to the safety and security of the United States; and (f) 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), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above. 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. E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Notices]
[Pages 66036-66037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26263]


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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.

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    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

[[Page 66037]]

interests deemed relevant in these consultations, that paragraphs 
(i)(VIII), (iv)(IV), (iv)(V), and (iv)(VI) of section 212(a)(3)(B) of 
the INA, 8 U.S.C. 1182(a)(3)(B), shall not apply with respect to an, 
for solicitation of funds or other things of value for; solicitation of 
any individual for membership; the provision of material support to; 
who received military-type training from or on behalf of the Democratic 
Movement for the Liberation of Eritrean Kunama (DMLEK), provided that 
the alien satisfies the relevant agency authority that the alien:
    (a) is seeking a benefit or protection under the INA and has been 
determined to be otherwise eligible for the benefit or protection;
    (b) has undergone and passed all relevant background and security 
checks;
    (c) 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 military-type training, solicitation, and material support, 
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);
    (d) has not participated in, or knowingly provided material support 
to, terrorist activities that targeted noncombatant persons or U.S. 
interests;
    (e) poses no danger to the safety and security of the United 
States; and
    (f) 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), in consultation with U.S. 
Immigration and Customs Enforcement (ICE), or by U.S. consular 
officers, as applicable, who shall ascertain, to their satisfaction, 
and in their discretion, that the particular applicant meets each of 
the criteria set forth above.
    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 or by the U.S. Department of 
State, 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: October 17, 2013.
Rand Beers,
Acting Secretary of Homeland Security.
[FR Doc. 2013-26263 Filed 11-1-13; 8:45 am]
BILLING CODE 9110-9M-P