[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Page 44642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18877]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[OMB Control Number 1653-0041]
Agency Information Collection Activities: Designation of Attorney
in Fact; Extension, Without Change, of Currently Approved Collection
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: 60-Day notice.
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SUMMARY: The Department of Homeland Security, U.S. Immigration and
Customs Enforcement (USICE), will be submitting the following
information collection request for review and clearance in accordance
with the Paperwork Reduction Act of 1995. The information collection is
published in the Federal Register to obtain comments from the public
and affected agencies.
DATES: Comments are encouraged and will be accepted for sixty days
until October 30, 2018.
ADDRESSES: Written comments and suggestions regarding items contained
in this notice and especially regarding the estimated public burden and
associated response time should be directed to the Office of the Chief
Information Office, PRA Clearance, U.S. Immigration and Customs
Enforcement by one of the following methods:
(1) Email. Submit comments to [email protected];
(2) Mail. Submit written comments to DHS, USICE, PRA Clearance
Officer, 801 I Street NW, Washington, DC 20536-5800.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
public and affected agencies concerning the proposed collection of
information 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
an existing information collection.
(2) Title of the form/collection: Designation of Attorney in Fact/
Revocation of Attorney in Fact.
(3) Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: (I-312/I-
312A); U.S. Immigration and Customs Enforcement.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: State, Local, or Tribal Government.
Section Sec. 103.6, the Immigration and Nationality Act (INA),
provides for the posting of surety or cash bonds. All bonds posted in
immigration cases shall be executed on Form I-352, Immigration Bond,
and secured with some form of collateral by an Obligor. In the case of
a cash bond, the Obligor will deposit with U.S. Immigration and Customs
Enforcement (ICE) the face value of the bond. The Obligor can designate
a third party as an Attorney in Fact to accept on their behalf the
return of the collateral security deposited to secure the surety bond
upon cancellation of the bond or performance of the Obligor. The Form
I-312, Designation of Attorney in Fact, is the instrument used by the
Obligor to officially designate their Attorney in Fact. Upon receipt of
a properly executed Form I-312, ICE Financial Operations will remit to
the Attorney in Fact the principal and interest on the security deposit
in the event of a bond cancellation, or the interest on the security
deposit in the event of a bond breach. Immigration bonds might remain
in place for years, and Obligors might choose to appoint a new Attorney
in Fact as circumstances change. To ensure that ICE Financial
Operations properly executes its fiduciary duties to the Obligor under
the Form I-352 bond contract, and exercises due diligence in ensuring
that remittances are made to the proper person, ICE uses Form I-312A as
the document by which the Obligor could expressly indicate that a
previously valid Form I-312 Attorney in Fact designation had been
revoked.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: 12,500
responses at 30 minutes (.50 hours) per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: 6,250 annual burden hours.
Dated: August 27, 2018.
Scott Elmore,
Program Manager, PRA Clearance, Office of the Chief Information
Officer, U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
[FR Doc. 2018-18877 Filed 8-30-18; 8:45 am]
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