Federal Register / Vol. 69, No. 154 / Wednesday, August 11, 2004 / Notices 48877

(OMB) for review and clearance under development process. Sponsors holding under the regulations, although the the Paperwork Reduction Act of 1995. and applicants submitting INDs, NDAs, agency encourages the voluntary DATES: Fax written comments on the or BLAs are subject to FDA submission of such data. collection of information by September requirements in parts 312, 314, and 601 The guidance describes the voluntary 10, 2004. (21 CFR 312, 314, and 601) for genomic data submission (VGDS) that ADDRESSES: OMB is still experiencing submitting to the agency data relevant to can be used for such a voluntary significant delays in the regular mail, drug safety and efficacy (§§ 312.22, submission. The guidance does not including first class and express mail, 312.23, 312.31, 312.33, 314.50, 314.81, recommend a specific format for the and messenger deliveries are not being 601.2, and 601.12). VGDS, except that such a voluntary accepted. To ensure that comments on Description of Respondents: Sponsors submission be designated as a VGDS. the information collection are received, submitting or holding INDs, NDAs, or The data submitted in a VGDS and the OMB recommends that written BLAs for human drugs and biologics. level of detail should be sufficient for comments be faxed to the Office of Burden Estimate: The guidance FDA to be able to interpret the Information and Regulatory Affairs, interprets FDA regulations for IND, information and independently analyze OMB, Attn: Fumie Yokota, Desk Officer NDA, or BLA submissions, clarifying the data, verify results, and explore for FDA, FAX: 202–395–6974. when the regulations require possible genotype-phenotype FOR FURTHER INFORMATION CONTACT: pharmacogenomics data to be submitted correlations across studies. FDA does Karen L. Nelson, Office of Management and when the submission of such data not want the VGDS to be overly Programs (HFA–250), Food and Drug is voluntary. The pharmacogenomic burdensome and time-consuming for the Administration, 5600 Fishers Lane, data submissions described in the sponsor. Rockville, MD 20857, 301–827–1482. guidance that are required to be FDA has estimated the burden of SUPPLEMENTARY INFORMATION: In submitted to an IND, NDA, BLA, or annual report are covered by the preparing a voluntary submission compliance with 44 U.S.C. 3507, FDA described in the guidance that should be has submitted the following proposed information collection requirements under parts 312, 314, and 601 and are designated as a VGDS. Based on FDA’s collection of information to OMB for familiarity with sponsors’ interest in review and clearance. approved by OMB under control numbers 0910–0014 (part 312—INDs; submitting pharmacogenomic data Draft Guidance for Industry on approved until January 1, 2006); 0910– during the drug development process, Pharmacogenomic Data Submissions 0001 (part 314—NDAs and annual FDA estimates that approximately 20 (OMB Control Numbers 0910–0014, reports; approved until March 31, 2005); sponsors will submit approximately 80 0910–0001, and 0910–0338)—Extension and 0910–0338 (approved until August VGDSs and that, on average, each VGDS The guidance provides 31, 2005). will take approximately 10 hours to recommendations to sponsors The guidance distinguishes between prepare and submit to FDA. submitting or holding investigational pharmacogenomic tests that may be In the Federal Register of November new drugs (INDs), new drug considered valid biomarkers appropriate 4, 2003 (68 FR 62461), FDA published applications (NDAs), or biologic for regulatory decisionmaking, and a 60-day notice requesting public liscensing applications (BLAs) on what other, less well developed exploratory comment on the information collection pharmacogenomic data should be tests. The submission of exploratory provisions. No comments were received submitted to the agency during the drug pharmacogenomic data is not required on the information collection estimates.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Number of Number of Responses per Total Annual Hours per Respondents Respondent Responses Response Total Hours

Voluntary genomic data submissions 20 4 80 10 800 1 There are no capital costs or operating and maintenance costs associated with this collection.

Dated: August 5, 2004. ACTION: Notice. that they have been physically present Jeffrey Shuren, in the U.S. continuously for the Assistant Commissioner for Policy. SUMMARY: This notice authorizes the fourteen-day (14-day) period [FR Doc. 04–18360 Filed 8–6–04; 12:04 pm] Department of Homeland Security to immediately prior to the date of BILLING CODE 4160–01–S place in expedited removal proceedings encounter. DHS believes that exercising any or all members of the following its statutory authority to place these class of aliens: Aliens determined to be individuals in expedited removal inadmissible under sections 212(a)(6)(C) proceedings will enhance national DEPARTMENT OF HOMELAND or (7) of the Immigration and security and public safety by facilitating SECURITY Nationality Act who are present in the prompt immigration determinations, U.S. without having been admitted or enabling DHS to deal more effectively Bureau of Customs and Border paroled following inspection by an Protection with the large volume of persons immigration officer at a designated port- seeking illegal entry, and ensure Designating Aliens For Expedited of-entry, who are encountered by an removal from the country of those not Removal immigration officer within 100 air miles granted relief, while at the same time of the U.S. international land border, protecting the rights of the individuals AGENCY: Bureau of Customs and Border and who have not established to the affected. Protection, DHS. satisfaction of an immigration officer

VerDate jul<14>2003 15:00 Aug 10, 2004 Jkt 203001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1 48878 Federal Register / Vol. 69, No. 154 / Wednesday, August 11, 2004 / Notices

DATES: This notice is effective on aliens subject to expedited removal land borders, and expanding expedited August 11, 2004. under section 235(b)(1)(F) of the Act, 8 removal between ports of entry will ADDRESSES: Please submit written U.S.C. 1225(b)(1)(F). Second, section provide DHS officers with a valuable comments to: Regulations Branch, 235(b)(1)(A)(iii) of the Act, 8 U.S.C. tool to meet that objective. Presently Office of Regulations and Rulings, 1225(b)(1)(A)(iii), permits the Attorney DHS officers cannot apply expedited Bureau of Customs and Border General (now the Secretary of Homeland removal procedures to the nearly 1 Protection, 1300 Pennsylvania Avenue, Security), in his or her sole and million aliens who are apprehended NW., Washington, DC 20229. See unreviewable discretion, to designate each year in close proximity to the SUPPLEMENTARY INFORMATION section for certain other aliens to whom the borders after illegal entry. It is not more details on submission of expedited removal provisions may be logistically possible for DHS to initiate comments. applied. Section 235(b)(1)(A)(iii), 8 formal removal proceedings against all U.S.C. 1225(b)(1)(A)(iii), authorizes the FOR FURTHER INFORMATION CONTACT: such aliens. This is primarily a problem Secretary to apply (by designation) Dana E. Graydon, Acting Associate along the southern border, and thus the expedited removal proceedings to aliens Chief, Office of Border Patrol, U.S. majority of such aliens are Mexican who arrive in, attempt to enter, or have Customs and Border Protection,1300 nationals, who are ‘‘voluntarily’’ entered the U.S. without having been Pennsylvania Ave., NW., Suite 6.5–E, returned to Mexico without any formal admitted or paroled following Washington, DC 20229, removal order. Based upon anecdotal inspection by an immigration officer at [email protected], 202–344–3153. evidence, many of those who are a designated port-of-entry, and who returned to Mexico seek to reenter the SUPPLEMENTARY INFORMATION: Please have not established to the satisfaction submit written comments, original and U.S. illegally, often within 24 hours of of the immigration officer that they have being voluntarily returned (it is not two copies, to the address listed above been physically present in the U.S. on or before after October 12, 2004. uncommon for DHS officers to continuously for the two-year period apprehend the same individual many Submitted comments may be inspected immediately prior to the date of at the Office of Regulations and Rulings, times over a span of several months). On determination of inadmissibility. the southern land border with Mexico, Bureau of Customs and Border By statute, an alien present in the U.S. Protection, 799 9th Street, NW., those aliens who are apprehended who who has not been admitted shall be are not Mexican nationals cannot be Washington, DC, during regular deemed for purposes of the Act to be an business hours. Arrangements to inspect returned to Mexico. Currently, non- applicant for admission. 8 U.S.C. Mexican nationals who are inadmissible submitted comments should be made in 1225(a), section 235(a)(1) of the Act. advance by calling Mr. Joseph Clark at may be voluntarily returned to their Once alienage has been established, an country of citizenship or nationality via (202) 572–8768. alien applicant for admission has the Section 302 of the Illegal Immigration aircraft, or placed in formal removal burden of establishing that he or she is proceedings under section 240 of the Reform and Immigrant Responsibility clearly and beyond doubt entitled to be Act of 1996 (IIRIRA), Public Law 104– Act. Because DHS lacks the resources to admitted and is not inadmissible under detain all third-country nationals (aliens 208, Div. C, 110 Stat. 3009–546, section 212 of this Act. Aliens who have amended section 235(b) of the who are neither nationals of Mexico nor not been admitted or paroled and who Canada) who have been apprehended Immigration and Nationality Act are subject to expedited removal under (‘‘Act’’), 8 U.S.C. 1225(b), to authorize after illegally crossing into the U.S. from this designation have the burden of both the northern and southern land the Attorney General (now the Secretary proof to show affirmatively that they are borders, many of these aliens are of Homeland Security as designated not inadmissible and have maintained released in the U.S. each year with a under the Homeland Security Act of the required continuous physical notice to appear for removal 2002) to remove, without a hearing presence in the U.S. Any absence from proceedings. Many of these aliens before an immigration judge, aliens the U.S. shall serve to break the period subsequently fail to appear for their arriving in the U.S. who are of continuous physical presence. 8 CFR removal proceedings, and then inadmissible under sections 212(a)(6)(C) 235.3(b)(1)(ii). or 212(a)(7) of the Act, 8 U.S.C. Pursuant to 8 CFR 235.3(b)(1)(ii) (62 disappear in the U.S. 1182(a)(6)(C) and 1182(a)(7). Under FR 10312, 10355, March 6, 1997), the Without limiting its ability to exercise section 235(b)(1) of the Act, 8 U.S.C. Attorney General provided that her its discretion in the event of a national 1225(b)(1), expedited removal designation authority would be emergency, other unforeseen events, or proceedings may be applied to two exercised by the Commissioner of the a change in circumstances, DHS plans categories of aliens. First, section former Immigration and Naturalization under this designation as a matter of 235(b)(1)(A)(i) of the Act, 8 U.S.C. Service (INS). Pursuant to sections prosecutorial discretion to apply 1225(b)(1)(A)(i), permits expedited 102(a), 441, 1512(d) and 1517 of the expedited removal only to (1) third- removal proceedings for aliens who are Homeland Security Act of 2002, Public country nationals and (2) to Mexican ‘‘arriving in the United States.’’ Law 107–296, 116 Stat. 2310, 6 U.S.C. and Canadian nationals with histories of ‘‘Arriving aliens’’ are defined by 112, 251, 552(d), 557, and 8 CFR 2.1, the criminal or immigration violations, such regulation to mean ‘‘an applicant for authority of the Attorney General and as smugglers or aliens who have made admission coming or attempting to the Commissioner of the INS in numerous illegal entries. We recognize come into the United States at a port-of- accordance with 8 U.S.C. that certain aliens, including entry, or an alien seeking transit through 235(b)(1)(A)(iii) and 8 CFR unaccompanied minors, members of the the United States at a port-of-entry, or 235.3(b)(1)(ii), respectively, was Class Action Settlement in American an alien interdicted in international transferred to the Secretary of Homeland Baptist Churches v. Thornburgh, 760 F. waters and brought into the United Security, and references to the Attorney Supp. 796 (N.D. Cal. 1991) (which States by any means whether or not to General or the Commissioner in the settled the claims of a class of a designated port-of-entry.’’ (8 CFR statute and regulations are deemed to Salvadorans and Guatemalans regarding 1.1(q)). Cuban citizens who arrive at refer to the Secretary. handling of asylum claims), and aliens U.S. ports-of-entry by aircraft are DHS has a pressing need to improve who may be eligible for cancellation of exempted from this first category of the security and safety of the nation’s removal under section 240A of the Act,

VerDate jul<14>2003 15:00 Aug 10, 2004 Jkt 203001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1 Federal Register / Vol. 69, No. 154 / Wednesday, August 11, 2004 / Notices 48879

for example, may possess equities that criminal prosecution against those to administer the expedited removal weigh against the use of expedited aliens who continue to enter the U.S. in program will be trained to be alert for removal proceedings. Accordingly, in violation of law. It will also accelerate any verbal or non-verbal indications appropriate circumstances and as an the processing of inadmissible aliens that the alien may be afraid to return to exercise of prosecutorial discretion, because it generally does not require an his or her homeland. officers will be able to permit certain appearance before an immigration Similarly, all aliens placed into aliens described in this notice to return judge, except in certain circumstances. expedited removal as a result of this voluntarily, withdraw their application Deterring future entries and accelerating designation, who claim lawful for admission, or to be placed into removals will enhance DHS’s ability to permanent resident, refugee, asylee regular removal proceedings under oversee the border, and to focus its status, or U.S. citizenship will receive section 240 of the Act in lieu of resources on threats to public safety and the same procedures, including the right expedited removal proceedings. to national security. DHS also believes to review of any adverse expedited In the interests of focusing that the use of expedited removal will removal order by an immigration judge, enforcement resources upon unlawful likely interfere with human trafficking that are provided to arriving aliens entries that have a close spatial and and alien smuggling operations, which making similar status claims who are temporal nexus to the border, this notice are growing in sophistication, and currently placed in expedited removal does not implement the full nationwide which induce aliens from all over the at ports of entry under 8 CFR 235.3(b). expedited removal authority available to world to cross the country’s borders. DHS, with limited exceptions, plans to DHS pursuant to section 235 of the Act, Alien smuggling organizations have detain aliens who are placed in 8 U.S.C. 1225. Nor does this notice limit been responsible for numerous violent expedited removal under this DHS from implementing the full crimes, including homicide, hostage- designation. Section 235(b)(1)(B)(iii)(IV) nationwide enforcement authority of the taking, and crimes involving sexual of the Act, 8 U.S.C. statute through publication of a exploitation. DHS expects that the 1225(b)(1)(B)(iii)(IV), and 8 CFR subsequent Federal Register notice. The expansion of expedited removal under 235.3(b)(2)(iii) direct that any alien who statute provides DHS with the authority this notice will ultimately reduce the is placed in expedited removal to apply expedited removal to aliens number of aliens who risk injury or proceedings shall be detained pending a who cannot establish that they have death attempting to enter the U.S. final determination of credible fear and, maintained a physical presence in the through difficult mountainous and if found not to have such a fear, such U.S. continuously for the two-year desert terrain, as well as decrease alien shall be detained until removed. period immediately prior to the date of property crimes in border areas. Parole of such alien under 8 CFR determination of inadmissibility. The 235.3(b)(2)(iii) may be permitted only statute also does not limit All aliens placed into expedited when the Secretary determines, in the geographically the application of removal as a result of this designation exercise of discretion, that parole is expedited removal. At this time, DHS will have the same rights to a credible required to meet a medical emergency has elected to assert and implement fear screening by an asylum officer, and or is necessary for a legitimate law only that portion of the authority the right to review of an adverse enforcement objective. Section granted by the statute that bears close credible fear determination by an 235(b)(1)(B)(ii) of the Act, 8 U.S.C. temporal and spatial proximity to illegal immigration judge, that are provided to 1225(b)(1)(B)(ii), directs that if a entries at or near the border. arriving aliens who are currently placed credible fear has been established, the Accordingly, this notice applies only to into expedited removal after being alien shall be detained for further aliens encountered within 14 days of denied admission at a port of entry. Any consideration of the protection claim or entry without inspection and within 100 alien who falls within this designation, claims. Under Department of Justice air miles of any U.S. international land who is placed in expedited removal regulations, immigration judge review of border. proceedings, and who indicates an custody determinations is permitted It is anticipated under this intention to apply for asylum or who only for bond and custody designation that expedited removal will asserts a fear of persecution or torture determinations pursuant to section 236 be employed against those aliens who will be interviewed by an asylum officer of the Act, 8 U.S.C. 1226, 8 CFR 1236, are apprehended immediately who will determine whether the alien and 8 CFR 1003.19(a). Aliens subject to proximate to the land border and have has a credible fear as defined in section expedited removal procedures under negligible ties or equities in the U.S. 235(b)(1)(B)(v) of the Act, 8 U.S.C. section 235 of the Act (including those Nevertheless, this designation extends 1225(b)(1)(B)(v). If that standard is met, aliens who are referred after a positive to a 100-mile operational range because the alien will be referred to an credible fear determination to an many aliens will arrive in vehicles that immigration judge for a removal immigration judge for proceedings speedily depart the border area, and proceeding under section 240 of the Act, under section 240 of the Act) are not because other recent arrivals will find sections 235(b)(1)(A)(ii) and (B) of the eligible for bond, and therefore are not their way to near-border locales seeking Act, 8 U.S.C. 1225(b)(1)(A)(ii) and (B); 8 eligible for a bond redetermination transportation to other locations within CFR 235.3(b)(4). The Forms I–867A and before an immigration judge. Parole of the interior of the U.S. The 100-mile I–867B currently used by officers who aliens determined to have a credible fear range already has been established by process aliens under the expedited may be considered in accordance with regulation as a reasonable distance from removal program provide to all aliens in section 212(d)(5) of the Act, 8 U.S.C. the external boundary of the U.S. for the expedited removal proceedings 1182(d)(5), and 8 CFR 212.5. purpose of preventing the illegal entry information concerning the credible fear The expedited removal authority of aliens into the U.S. See section interview, in accordance with the implemented in this Notice will not be 287(a)(3) of the Act; 8 CFR 287.1(a)(2) statutory requirement at section employed against Cuban citizens and (c). 235(b)(1)(B)(iv) of the Act, 8 U.S.C. because removals to Cuba cannot The use of expedited removal orders, 1225(b)(1)(B)(iv). The forms require that presently be assured and for other U.S. which prohibit reentry for a period of 5 the officer inquire whether the alien has policy reasons. years, will deter unlawful entry, and any reason to fear harm if returned to The Department has determined that make it possible to pursue future his or her country. Officers authorized good cause exists under the

VerDate jul<14>2003 15:00 Aug 10, 2004 Jkt 203001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1 48880 Federal Register / Vol. 69, No. 154 / Wednesday, August 11, 2004 / Notices

Administrative Procedure Act (APA), 5 national security, diminish the number 212(a)(6)(C) or (7) of the Act, who are U.S.C. 553(b)(3)(B) and (d)(3), to exempt of illegal entries, and impair the ability physically present in the U.S. without this notice from the notice and comment of smuggling organizations to operate. having been admitted or paroled requirements under the APA. Delaying Accordingly, for the foregoing reasons, following inspection by an immigration the implementation of this notice to the Department has determined that officer at a designated port-of-entry, allow public notice and comment would public notice and comment prior to who are encountered by an immigration be impracticable, unnecessary and promulgation of this notice would be officer within 100 air miles of any U.S. contrary to the public interest. impracticable, unnecessary and contrary international land border, and who have Congress explicitly authorized the to the public interest as those terms are not established to the satisfaction of an Secretary of Homeland Security to used under the APA. immigration officer that they have been designate categories of aliens to whom Although the Department believes for physically present in the U.S. expedited removal proceedings may be the foregoing reasons that pre- continuously for the 14-day period applied, and made clear that ‘‘[s]uch promulgation notice and comment immediately prior to the date of designation shall be in the sole and procedures are not statutorily mandated encounter. Each alien subject to this unreviewable discretion of the Secretary in this case, DHS is interested in notice bears the affirmative burden to and may be modified at any time.’’ receiving comments from the public on show to the satisfaction of an Section 235(b)(1)(A)(iii)(1) of the Act, 8 all aspects of the expedited removal immigration officer that the alien has U.S.C. 1225(b)(1)(A)(iii)(I). The large program, but especially on the been present in the U.S. continuously volume of illegal entries, and attempted effectiveness of the program, problems for the relevant 14-day period. This illegal entries, and the attendant risks to envisioned by the commenters, and notice does not apply to aliens who national security presented by these suggestions on how to address those arrive at U.S. ports-of-entry, as these illegal entries, necessitates that DHS problems. DHS believes that by aliens are already subject to expedited expand the expedited removal program maintaining a dialogue with interested removal. This notice will be given effect as provided in this designation. DHS is parties, DHS can ensure that the only with respect to apprehensions confident that the experience gained program is even more effective in made within the CBP Border Patrol through implementation of the combating and deterring illegal entry, sectors of (Laredo, McAllen, Del Rio, expedited removal program at ports of while at the same time protecting the Marfa, El Paso, Tucson, Yuma, El entry will enable DHS to expand the rights of the individuals affected. Centro, San Diego, Blaine, Spokane, program in a manner that is both The expansion of expedited removal Havre, Grand Forks, Detroit, Buffalo, effective and humane. under this notice will also support the Swanton, and Houlton). There is an urgent need to enhance Arizona Border Control Initiative (ABC), (2) Any alien who falls within this DHS’s ability to improve the safety and a program designed to secure and designation who indicates an intention security of the nation’s land borders, as protect the Arizona border. Working to apply for asylum or who asserts a fear well as the need to deter foreign with other Federal, State, local and of persecution or torture will be nationals from undertaking dangerous tribal entities, DHS has placed interviewed by an asylum officer to border crossings, and thereby prevent significant personnel and technical determine whether the alien has a the needless deaths and crimes assets on the border to decrease the credible fear as defined in section associated with human trafficking and deaths of illegal immigrants in the 235(b)(1)(B)(v) of the Act, 8 U.S.C. alien smuggling operations. The desert; and to lower the rate of violent 1225(b)(1)(B)(v). If that standard is met, expansion of expedited removal will crime related to illegal border traffic in the alien will be referred to an increase the deterrence of illegal entries Southern Arizona. The ABC began immigration judge for proceedings by ensuring that apprehension quickly operations in March 2004. For the under section 240 of the Act, 8 U.S.C. leads to removal. This is especially reasons stated above, the ABC’s success 1229a. critical because of the environmental will rely in part upon the ability of DHS (3) Any alien who is placed in dangers faced by aliens illegally officers to place inadmissible aliens expedited removal proceedings under entering the U.S. across desert or apprehended shortly after illegal entry this designation who claims lawful mountainous areas. In the Arizona into expedited removal. permanent resident, refugee, asylee desert alone, since the initiation of the Every year, illegal aliens from many status, or U.S. citizenship will be Arizona Border Control Initiative (ABC) different countries continue to enter the processed in accordance with the in March of 2004, the Border Patrol has U.S. illegally across the nation’s land procedures provided in 8 CFR 235.3(b) rescued hundreds of aliens in distress borders. It is critical for public safety and 8 CFR 1235.3(b). and has unfortunately discovered over and national security that these aliens (4) Any alien who is placed in 40 aliens who have died in the attempt are not released into the U.S. without expedited removal proceedings under to enter the U.S. adequate verification of their identities this designation will be detained This designation is necessary to and backgrounds. pursuant to section 235(b) of the Act, 8 remove quickly from the U.S. aliens U.S.C. 1225(b), with certain exceptions, who are encountered shortly after Notice of Designation of Aliens Subject until removed. However, aliens illegally entering the U.S. across the to Expedited Removal Proceedings determined to have a credible fear may land borders. The ability to detain aliens Pursuant to section 235(b)(1)(A)(iii) of be considered by DHS for parole in while admissibility and identity is the Immigration and Nationality Act accordance with section 212(d)(5) of the determined and protection claims are (‘‘Act’’) and 8 CFR 235.3(b)(1)(ii), I order Act and 8 CFR 212.5. Aliens detained adjudicated, as well as to quickly as follows: pursuant to the expedited removal remove aliens without protection claims (1) Except as provided in paragraph provisions under section 235 of the Act or claims to lawful status, is a necessity (5), the Department of Homeland (including those aliens who are referred for national security and public safety. Security, through its component after a positive credible fear As a critical element of a number of bureaus, may place in expedited determination to an immigration judge DHS initiatives to enhance security removal proceedings any or all members for proceedings under section 240 of the along the border, the expansion of of the following class of aliens: Aliens Act) are not eligible for bond, and expedited removal will increase who are inadmissible under sections therefore are not eligible for a bond

VerDate jul<14>2003 15:00 Aug 10, 2004 Jkt 203001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1 Federal Register / Vol. 69, No. 154 / Wednesday, August 11, 2004 / Notices 48881

redetermination before an immigration /www5.hud.gov:63001/po/i/icbts/ frequency of response is ‘‘annually,’’ judge. collectionsearch.cfm. and the hours per response is 1 hour. (5) This notice applies to aliens FOR FURTHER INFORMATION CONTACT: Status of the proposed information described in paragraph (1) who are Lillian Deitzer, Information Technology collection: Revision of a currently encountered within the U.S. beginning Specialist, AYO, Department of Housing approved collection. August 11, 2004. and Urban Development, 451 Seventh Authority: Section 3506 of the Paperwork (6) The expedited removal Street, SW., Washington, DC 20410; e- Reduction Act of 1995, 44 U.S.C. Chapter 35, proceedings contemplated by this notice mail [email protected]; as amended. will not be initiated against Cuban telephone (202) 708–2374. This is not a Dated: August 4, 2004. citizens or nationals. toll-free number. Wayne Eddins, Dated: August 3, 2004. SUPPLEMENTARY INFORMATION: The Departmental Reports Management Officer, Tom Ridge, Department will submit the proposed Office of the Chief Information Officer. Secretary of Homeland Security. information collection to OMB for [FR Doc. 04–18301 Filed 8–10–04; 8:45 am] [FR Doc. 04–18469 Filed 8–10–04; 8:45 am] review, as required by the Paperwork BILLING CODE 4210–72–P BILLING CODE 4820–02–P Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments DEPARTMENT OF HOUSING AND DEPARTMENT OF HOUSING AND from members of the public and URBAN DEVELOPMENT affecting agencies concerning the URBAN DEVELOPMENT [Docket No. FR–4907–N–26] proposed collection of information to: [Docket No. FR–4903–N–63] (1) Evaluate whether the proposed Notice of Proposed Information collection of information is necessary Notice of Proposed Information Collection: Comment Request; for the proper performance of the Collection: Comment Request; Automated Clearing House (ACH) functions of the agency, including Contract and Subcontract Activity Program Application—Title I Insurance whether the information will have Charge Payments System AGENCY: Office of the Chief Information practical utility; (2) Evaluate the Officer, HUD. accuracy of the agency’s estimate of the AGENCY: Office of the Assistant Secretary for Housing—Federal Housing ACTION: Notice. burden of the proposed collection of information; (3) Enhance the quality, Commissioner, HUD. SUMMARY: The proposed information utility, and clarity of the information to ACTION: Notice. collection requirement described below be collected; and (4) Minimize the will be submitted to the Office of burden of the collection of information SUMMARY: The proposed information Management and Budget (OMB) for on those who are to respond; including collection requirement described below review, as required by the Paperwork through the use of appropriate will be submitted to the Office of Reduction Act. The Department is automated collection techniques or Management and Budget (OMB) for soliciting public comments on the other forms of information technology, review, as required by the Paperwork subject proposal. e.g., permitting electronic submission of Reduction Act. The Department is This is a request for approval of a responses. soliciting public comments on the revision to the currently approved This Notice also lists the following subject proposal. information collection, which enables information: DATES: Comments Due Date: October 12, HUD to monitor and evaluate Minority Title of Proposal: Contract and 2004. Business Enterprise (MBE) activities Subcontract Activity. ADDRESSES: Interested persons are against the total program activity and OMB Control Number, if applicable: invited to submit comments regarding the designated MBE goals. Reports are 2535–pending. this proposal. Comments should refer to submitted annually to Congress. This Description of the need for the the proposal by name and/or OMB information collection combines two information and proposed use: Control Number and should be sent to: previously approved collections, OMB Information will enable HUD to monitor Wayne Eddins, Reports Management control numbers 2577–0088 and 2502– and evaluate Minority Business Officer, Department of Housing and 0355. OMB control number 2535– Enterprise (MBE) activities against the Urban Development, 451 7th Street, pending will now be used for this total program activity and the SW., L’Enfant Plaza Building, Room collection. designated MBE goals. Reports are 8001, Washington, DC 20410 or Wayne submitted annually to Congress. This DATES: Comments due: October 12, [email protected]. information collection combines two 2004. FOR FURTHER INFORMATION CONTACT: previously approved collections, OMB Lester J. West, Director, Financial ADDRESSES: Interested persons are control numbers 2577–0088 and 2502– Operations Center, Department of invited to submit comments regarding 0355. OMB control number 2535– Housing and Urban Development, 52 this proposal. Comments should refer to pending will now be used for this Corporate Circle, Albany, NY 12203, the proposal by name and/or OMB collection. Control Number and should be sent to: Agency form numbers, if applicable: telephone (518) 464–4200 x4206 (this is Wayne Eddins, Reports Management HUD 2516. not a toll free number) for copies of the Officer, AYO, Department of Housing Estimation of the total number of proposed forms and other available and Urban Development, 451 Seventh hours needed to prepare the information information. Street, SW., Washington, DC 20410; e- collection including number of SUPPLEMENTARY INFORMATION: The mail [email protected]; respondents, frequency of response, and Department is submitting the proposed telephone (202) 708–2374. This is not a hours of response: An estimation of the information collection to OMB for toll-free number. Copies of available total numbers of hours needed to review, as required by the Paperwork documents may be obtained from Mr. prepare the information collection is Reduction Act of 1995 (44 U.S.C. Eddins and at HUD’s Web site at http:/ 5,000, number of respondents is 5,000, Chapter 35, as amended).

VerDate jul<14>2003 15:00 Aug 10, 2004 Jkt 203001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1