[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8597-8598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03228]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[OMB Control Number 1653-0041]


Agency Information Collection Activities; Revision of a Currently 
Approved Collection: Designation of Attorney in Fact/Revocation of 
Designation of Attorney in Fact

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 Reduction 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 April 18, 
2022.

ADDRESSES: All submissions received must include the OMB Control Number 
1653-0041 in the body of the correspondence, the agency name and Docket 
ID ICEB-2009-0001. All comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided.
    (1) Online. Submit comments via the Federal eRulemaking Portal 
website at http://www.regulations.gov under e-Docket ID number ICEB-
2009-0001.

FOR FURTHER INFORMATION CONTACT: If you have questions related to this 
collection, call, or email John Monette, Revenue Management Branch, 
(802) 288-7697, [email protected].

SUPPLEMENTARY INFORMATION:

Comment

    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

[[Page 8598]]

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) 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: 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 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. The requested revisions are specific to the instructions 
concerning obligor requirements and the attorney's authority to perform 
acts necessary to receive proceeds of the bond. There are revisions to 
the I-312 instructions. The revisions relate to the obligor 
requirements and to the attorney's authority to perform acts necessary 
to received bond proceeds.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: 193 responses 
at 1 hour (60 minutes) per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: 193 annual burden hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collections: $6,370.

    Dated: February 10, 2022.
Scott Elmore,
PRA Clearance Officer.
[FR Doc. 2022-03228 Filed 2-14-22; 8:45 am]
BILLING CODE 9111-28-P