[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44913-44915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18431]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[OMB Control Number 1653-0022]
Agency Information Collection Activities; Revision of a Currently
Approved Collection: Immigration Bond
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: 60-Day notice.
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SUMMARY: In accordance with the Paperwork Reductions Act (PRA) of 1995
the Department of Homeland Security (DHS), U.S. Immigration and Customs
Enforcement (ICE) will submit the following Information Collection
Request (ICR) to the Office of Management and Budget (OMB) for review
and clearance.
DATES: Comments are encouraged and will be accepted until October 28,
2019.
ADDRESSES: All submissions received must include the OMB Control Number
1653-0022 in the body of the letter, the agency name and Docket ID
ICEB-2019-0008. All comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. To avoid duplicate submissions, please use only one of the
following methods to submit comments:
(1) Online. Submit comments via the Federal eRulemaking Portal
website at http://www.regulations.gov under e-Docket ID number ICEB-
2019-0008;
(2) Mail: Submit written comments to DHS, ICE, Office of the Chief
Information Officer (OCIO), PRA Clearance, Washington, DC 20536-5800.
FOR FURTHER INFORMATION CONTACT: For specific question related to
collection activities, please contact: Justin Gellert (202-732-5462),
[email protected], ERO Bond Management Unit, U.S.
Immigration and Customs Enforcement.
SUPPLEMENTARY INFORMATION:
Comments
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: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Immigration Bond.
(3) Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: ICE Form I-
352; U.S. Immigration and Customs Enforcement
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individual or Households; Business
or other for-profit. The data collected on this collection instrument
is used by ICE to ensure that the person or company posting the bond is
aware of the duties and responsibilities associated with the bond. The
collection instrument serves the purpose of instruction in the
completion of the form, together with an explanation of the terms and
conditions of the bond. Sureties have the capability of accessing,
completing and submitting delivery, voluntary departure, and order
[[Page 44914]]
of supervision bonds electronically through ICE's eBonds system which
encompasses the I-352, while individuals are still required to complete
the bond form manually and sureties will be required to submit
maintenance of status and departure bonds manually.
(5) An estimate of the total number of responses and the amount of
time estimated for an average respondent to respond: ICE estimates a
total of 61,722 responses at 30 minutes (.50 hours) per response. ICE
calculated the number of estimated responses by adding together the
number of bonds that were posted using Form I-352 in Fiscal Year 2018
(58,734) with the maximum number of maintenance of status and departure
bonds that the Department of State expects may be required for non-
immigrants in the next fiscal year (2,988). The burden estimate
includes the time required to review instructions, gather and maintain
data needed, to complete, and to file the collection of information.
(6) An estimate of the total public burden (in hours) associated
with the collection: 30,861 annual burden hours, estimated by
multiplying the total number of responses, 61,722, by the average
response burden of .50 hours. This estimate is composed of 8,689
responses from surety companies, and 53,033 aliens posting cash bonds
resulting in a total of 61,722 responses.
(7) Total public cost of responding is $743,670. This total cost is
composed of the burden to surety companies estimated using the average
wage for insurance sales agents and the burden to aliens using the
average wage of unskilled workers and production works plus fringe
benefits estimated to be $47.58 per hour and $20.25 per hour
respectively.\1\
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\1\ The hourly wage rate for an insurance sales agent is $32.64
as reported by the Bureau of Labor Statistics (BLS) in the May 2018
National Occupational Employment and Wage Estimates United States,
https://www.bls.gov/oes/current/oes_nat.htm#41-3021. The hourly wage
rate for unskilled labor is represented by the national average of
state minimum wage rates, $8.94. See Consolidated Minimum Wage
Table, June 1, 2019, https://www.dol.gov/whd/minwage/mw-consolidated.htm. The hourly wage rate for manufacturing labor is
represented by the average hourly wage for production occupations,
$18.84. See All Production Occupations, May 2018 National
Occupational Employment and Wage Estimates United States, https://www.bls.gov/oes/current/oes_nat.htm#51-0000. Employer costs per hour
worked for employee compensation and costs as a percent of total
compensation: Civilian workers, by major occupational and industry
group, All workers, https://www.bls.gov/news.release/ecec.t01.htm.
Wages and salaries are 68.6 percent of total compensation.
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(8) The total Government costs is $10,422,995, which includes
printing costs and the collection and processing burden for each form.
The total printing costs equates to $46,292 which is estimated by
multiplying the number of responses (61,722) by the cost of printing
two forms per response for $0.75. The collection and processing of each
form takes an average of 6 hours, and will be conducted by a government
employee with an average hourly wage plus overhead estimated to be
$28.02.\2\ The total cost of collecting and processing for the
government is $10,376,703.
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\2\ The hourly rate is an average of a General Schedule Grade 7
Step 5, and a Grade 9 Step 1, plus the average national locality
adjustment of 21.48 percent. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/saltbl.pdf. An overhead rate of 12 percent was added to reflect the
indirect expenses as reported in OMB Circular A76, https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A76/a76_incl_tech_correction.pdf.
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Overview of Proposed Revisions to the Bond Form and to Bond
Procedures. Form No. I-352, Immigration Bond, has not been
substantively revised since 2008. Changes to the form are now necessary
because U.S. Citizenship and Immigration Services (USCIS) intends to
issue a different form for public charge bonds and Form I-352 will no
longer be used for that type of bond. Additionally, ICE is adding
language to explain the terms and conditions of maintenance of status
and departure bonds. Maintenance of status and departure bonds were
previously accepted by the former Immigration and Naturalization
Service (INS) on earlier versions of the Form I-352, and ICE may accept
this type of bond when required for non-immigrants visiting the United
States. The proposed revisions to the bond form also seek to clarify
when a bond obligor's liability attaches and the events that trigger
cancellation of a bond, and to notify the public that ICE will no
longer issue receipts on Form I-305 for bonds secured by a cash
deposit.
Cash Bond Deposit: ICE has revised the Instructions to state that
it will accept a certified check, a cashier's check, or a money order
(a ``cash equivalent'') as a deposit from a cash bond obligor.
eBONDS Power of Attorney: Based on the development of the eBONDS
system, ICE has revised the Instructions to state that surety bonds
issued using the eBONDS system may be accompanied by a power of
attorney executed by a surety company for use in the eBONDS system.
General Terms and Conditions: Because certain jurisdictions do not
honor ICE detainers, the General Terms and Conditions governing the
bond have been revised to reflect that a bond will not be cancelled
simply because ICE is on notice of the detention of the bonded alien
for 30 or more days pursuant, or prior, to a conviction by local,
state, or federal authorizes. The revised General Terms and Conditions
clarify that a delivery bond may not be breached when the bonded alien
is in local, state, or federal custody on the date the obligor is
scheduled to produce the alien. The bond will remain in effect in this
situation unless ICE later takes the bonded alien into its custody
directly from local, state, or federal authorities, in which case the
bond will be cancelled.
Address to Use for Notice Purposes: Part A of Form I-352 has been
revised to delete the boxes indicating the address to use for notice
purposes.
Liability Attaches Upon Execution of the Bond: Part C of Form I-352
has been revised to reflect that the surety's liability attaches upon
execution of the bond form. References to the alien becoming a public
charge have been omitted and the revisions clarify that the face amount
of the bond is forfeited or becomes due when the breach determination
is administratively final.
Form I-352 No Longer Used for Public Charge Bonds: Previous
Paragraph G(2) has been omitted from Form I-352 in anticipation of
USCIS using a different form for issuance of public charge bonds.
Maintenance of Status and Departure Bonds: Paragraph G(4) has been
added to explain the terms and conditions for Maintenance of Status and
Departure Bonds. The former INS accepted maintenance of status and
departure bonds using prior versions of Form I-352 when a bond was
required for a non-immigrant traveling to the United States.
Deletion of Paragraphs H-J: Because U.S. bonds, notes and cash are
no longer accepted as deposits to secure cash bonds, ICE has eliminated
Paragraphs H-J of Form I-352 and any references to those paragraphs
because they are no longer necessary.
Forms I-305 and I-395 No Longer Used in Conjunction with Cash
Bonds: Before the advent of electronic signatures, ICE issued a receipt
on Form I-305 to the cash bond obligor documenting the amount of the
bond deposit. ICE required the obligor to submit the original of Form
I-305 with the bond cancellation notice before obtaining a refund of
the cash bond deposit. If the obligor lost the receipt, the obligor
could submit an affidavit on Form I-395 in lieu of the receipt to claim
the cash bond deposit. ICE has now determined that issuance of Form I-
305 is unnecessary and is unduly
[[Page 44915]]
burdensome. For bonds posted on the newly revised bond form, ICE will
no longer require cash bond obligors to submit Form I-305 or Form I-395
after a bond has been cancelled and will issue refunds of bond deposits
to the individual or entity identified in ICE records as the individual
or entity entitled to receive the refund without requiring Form I-305
or Form I-395 to be submitted.
Dated: August 22, 2019.
Scott Elmore,
PRA Clearance Officer.
[FR Doc. 2019-18431 Filed 8-26-19; 8:45 am]
BILLING CODE 9111-28-P