[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Page 24326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08672]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[OMB Control Number 1653-0041]


Agency Information 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: 30-Day notice.

-----------------------------------------------------------------------

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. This information collection was previously published in 
the Federal Register on February 15, 2022, allowing for a 60-day 
comment period. ICE received no comments in connection with the 60-day 
notice. The purpose of this notice is to allow an additional 30 days 
for public comments.

DATES: Comments are encouraged and will be accepted until May 25, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of the publication 
of this notice to www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 30-day 
Review--Open for Public Comments'' or by using the search function.

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] (This is not a toll-free 
number. Comments are not accepted via telephone message).

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: 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: Form 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. 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 time to 
respond: ICE estimates a total of 193 responses at 1 hour (60 minutes) 
per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden is 193 
hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collections: $6,370.

    Dated: April 19, 2022.
Scott Elmore,
ICE PRA Clearance Officer.
[FR Doc. 2022-08672 Filed 4-22-22; 8:45 am]
BILLING CODE 9111-28-P