[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Rules and Regulations]
[Pages 53358-53371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16656]



[[Page 53358]]

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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 103

[DHS Docket No. ICEB-2021-0015]
RIN 1653-AA85


Immigration Bond Notifications

AGENCY: U.S. Immigration and Customs Enforcement (ICE), Department of 
Homeland Security (DHS).

ACTION: Interim final rule (IFR); request for comment.

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SUMMARY: DHS is revising its regulations governing service of bond 
notifications. Current regulations authorize ICE to serve documents in-
person, or by certified, registered, or first-class (regular) mail. 
This IFR authorizes ICE to electronically serve bond-related 
notifications to obligors for immigration bonds. The ICE transition to 
electronic notifications for bond-related documents is part of an 
electronic bonds system ICE developed to simplify the posting of bonds.

DATES: This rule is effective as of September 7, 2023; comments must be 
received by September 7, 2023.

ADDRESSES: You may submit comments on this IFR, identified by DHS 
Docket No. ICEB-2021-0015, through the Federal eRulemaking Portal at 
https://www.regulations.gov. Follow the website instructions to submit 
comments.
    Comments submitted in a manner other than the one listed here, 
including emails or letters sent to DHS officials, will not be 
considered comments on the IFR and may not receive a response from DHS. 
Please note that DHS cannot accept any comments that are mailed, hand 
delivered, or couriered. In addition, DHS cannot accept mailed comments 
contained on any form of digital media storage devices, such as CDs/
DVDs and USB drives. If you cannot submit your material using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.

FOR FURTHER INFORMATION CONTACT: Sharon Hageman, Deputy Assistant 
Director, Office of Regulatory Affairs and Policy, U.S. Immigration and 
Customs Enforcement, Department of Homeland Security, 500 12th Street 
SW, Mail Stop 5006, Washington, DC 20536. Telephone 202-732-6960 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION: 

I. Public Participation

    DHS encourages all interested parties to participate in this 
rulemaking by submitting written data, views, comments and arguments on 
all aspects of this IFR. Comments providing the most assistance to DHS 
will reference a specific portion of the IFR, explain the reason for 
any recommended change, and include the data, information, or authority 
that supports the recommended change. Under the guidelines of the 
Office of the Federal Register, all comments received will be posted to 
https://www.regulations.gov as part of the public record and will 
include any personal information you have provided. See the ADDRESSES 
section for information on how to submit comments.

A. Submitting Comments

    To submit your comments online, go to https://www.regulations.gov 
and insert ``ICEB-2021-0015'' in the ``Search'' box. Click on the 
``Comment'' box and type your comments in the text box provided. When 
you are satisfied with your comments, follow the prompts, and then 
click ``Submit Comment.''
    DHS will post comments to the Federal eRulemaking Portal at https://www.regulations.gov and will include any personal information you 
provide. Therefore, submitting this information makes it public. You 
may wish to consider limiting the amount of personal information that 
you provide in any voluntary public comment submission you make to DHS. 
DHS may withhold information provided in comments from public viewing 
that it determines is offensive. For additional information, please 
read the ``Privacy & Security Notice,'' via the link in the footer of 
https://www.regulations.gov. DHS will consider all comments and 
materials received during the comment period and may change this rule 
based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov and 
insert ``ICEB-2021-0015'' in the ``Search'' box. Next, click on 
``Dockets,'' then on the name of the rule, and finally on ``Browse All 
Comments.'' Individuals without internet access can make alternate 
arrangements for viewing comments and documents related to this 
rulemaking by contacting the individual listed in the FOR FURTHER 
INFORMATION CONTACT section above. You may also sign up for email 
alerts on the online docket to be notified when comments are posted, or 
a final rule is published.

C. Privacy Act

    You may consider limiting the amount of personal information that 
you provide in your voluntary public comment submission because anyone 
can electronically search comments received in any of DHS's dockets by 
the name of the individual submitting the comment (or signing the 
comment, if submitted on behalf of an association, business, labor 
union, etc.). For additional information, please read the Privacy and 
Security Notice posted on https://www.regulations.gov.

II. Abbreviations

BIA Board of Immigration Appeals
CBP U.S. Customs and Border Protection
CeBONDS Cash Electronic Bonds Online System
CFR Code of Federal Regulations
COVID-19 Coronavirus Disease 2019
DHS Department of Homeland Security
eBONDS Electronic Bonds Online System
e-signature Electronic Signature
ERO Enforcement and Removal Operations
FY Fiscal Year
GPEA Government Paperwork Elimination Act
ICE U.S. Immigration and Customs Enforcement
INA Immigration and Nationality Act
NARA National Archives and Records Administration
OMB Office of Management and Budget
USCIS U.S. Citizenship and Immigration Services

III. Background and Purpose

A. Legal Authority

    The Homeland Security Act of 2002, Public Law 107-296, section 102, 
116 Stat. 2135 (Nov. 25, 2002), 6 U.S.C. 112, and the Immigration and 
Nationality Act of 1952 (INA), as amended, section 103(a)(1), 8 U.S.C. 
1103(a)(1), charge the Secretary of the Department of Homeland Security 
(DHS) (the Secretary) with administration and enforcement of the 
immigration and naturalization laws. The Secretary promulgates this 
interim final rule (IFR) under the broad authority to administer DHS, 
and the authorities provided under the Homeland Security Act of 2002, 
the immigration and nationality laws, and other delegated authority.
    Over the past twenty years, Congress and the Executive Branch have 
promoted the use of electronic transactions and electronic records when 
feasible instead of relying solely upon in-person or paper 
transactions. Under the Government Paperwork Elimination Act (GPEA), 
Public Law 105-277, tit. XVII, section 1703, 112 Stat. 2681, 2681-749 
(Oct. 21, 1998), 44

[[Page 53359]]

U.S.C. 3504 note, Federal agencies are required, when practicable, to 
provide the option of electronic maintenance, submission, or disclosure 
of information as a substitute for paper transactions. More recently, 
on June 28, 2019, the Office of Management and Budget (OMB) and the 
National Archives and Records Administration (NARA) jointly issued a 
memorandum that encouraged agencies to consider cost-effective 
opportunities to transition related business processes to an electronic 
environment.\1\ Offering electronic processes in place of paper or in-
person transactions has the benefits of making it ``easier for the 
public to connect with the Federal Government, and apply for and 
receive services, improving customer satisfaction. Electronic records . 
. . reduce processing times and decrease the probability of lost or 
missing information . . . [and] . . . greatly improve agencies' ability 
to provide public access to Federal records, promoting transparency and 
accountability.'' Executive Office of the President, Delivering 
Government Solutions in the 21st Century: Reform Plan and 
Reorganization Recommendations, at 100 (June 2018). The GPEA 
establishes the means for the use and acceptance of electronic 
signatures (e-signatures). This rule will significantly enhance the 
ability of U.S. Immigration and Customs Enforcement (ICE) to fully 
implement the GPEA.
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    \1\ Transition to Electronic Records (OMB/NARA M-19-21), 
available at https://www.archives.gov/files/records-mgmt/policy/m-19-21-transition-to-federal-records.pdf.
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    The Electronic Signatures in Global and National Commerce Act (E-
SIGN Act), 15 U.S.C. 7001-7031, effective for most purposes on October 
1, 2000, allows electronic records and signatures to be given the same 
effect as paper and ink documents. See 15 U.S.C. 7001(a). The E-SIGN 
Act provides ``legal parity'' for electronic records with paper 
records, when the procedures an agency adopts for the creation, 
maintenance, and retention of electronic records comply with the 
Federal Records Act and NARA guidelines governing digitization of 
records.\2\ Except for records maintained by government agencies (other 
than contracts to which it is a party), the E-SIGN Act does not require 
any person to agree to use or accept electronic records. Id. sec. 
7001(b)(2); see also 12 CFR 609.910(a) (noting that under the E-SIGN 
Act, ``E-commerce is optional; all parties to a legally valid 
transaction must agree to the electronic use before it can be used''). 
ICE intends to comply with this requirement by obtaining consent from 
immigration bond sureties and obligors to send electronic 
notifications.
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    \2\ Robert A. Wittie & Jane K. Winn, Electronic Records and 
Signatures under the Federal E-Sign Legislation and the UETA, 56 
Bus. Law. 293, 314 (2000).
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    The Secretary is charged with the administration and enforcement of 
laws relating to the immigration and naturalization of noncitizens and 
``shall [. . .] prescribe such forms of bond'' as deemed necessary for 
carrying out the authority under the INA. See INA 103(a)(1), (3), 8 
U.S.C. 1103(a)(1), (3). Additionally, where a noncitizen is arrested 
and detained pending a decision on removal from the United States, the 
Secretary is authorized to ``release [a noncitizen] on . . . (A) bond 
of at least $1,500 with security approved by, and containing conditions 
prescribed by [the Secretary of Homeland Security]. See INA 236(a)(2), 
8 U.S.C. 1226(a)(2). Further, the Secretary ``at any time may revoke a 
bond'' authorized under INA 236(a)(2), re-arrest the noncitizen, and 
detain them. See INA 236(b), 8 U.S.C. 1226(b). Under the terms and 
conditions of DHS's Immigration Bond, Form I-352, ``Federal law shall 
apply to the interpretation of the bond.'' Immigration Bond, ICE Form 
I-352, at 1 (rev. 11/20). ICE approves several types of immigration 
bonds such as delivery bonds, 8 CFR 236.1(c)(10), voluntary departure 
bonds, 8 CFR 240.25(b), 8 CFR 1240.26(b)(3)(i), (c)(3)(i), and order of 
supervision bonds, 8 CFR 241.5(b).
    With respect to cash bonds, the Secretary delegated to the ICE 
Director the authority to ``issue and execute detainers and warrants of 
arrest or removal, detain aliens, release aliens on bond and other 
appropriate conditions as provided by law . . .'' \3\ With respect to 
surety bonds, the Secretary delegated to the ICE Director the 
``[a]uthority to approve surety bonds \[4]\ issued pursuant to the 
immigration laws, to determine whether such surety bonds have been 
breached, and to take appropriate action to protect the interests of 
the United States with respect to such surety bonds.'' \5\
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    \3\ DHS Delegation No. 7030.2, Delegation of Authority to the 
Assistant Secretary for U.S. Immigration and Customs Enforcement, ] 
2(T) (Nov. 13, 2004) (effective Mar.1, 2003). See https://dhsconnect.dhs.gov/org/comp/mgmt/policies/Delegations/07030.2.pdf.
    \4\ In this context, ``surety bonds'' is used in the same manner 
as it is used in 8 CFR 103.6(b)(1) to include immigration bonds 
underwritten by a surety company or posted by an entity or 
individual who deposits cash equal to the face amount of the bond as 
security for performance.
    \5\ DHS Delegation No. 7030.2, ] 2(U).
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B. Background

    ICE's mission is to protect America from cross-border crime and 
illegal immigration that threaten national security and public 
safety.\6\ ICE secures the Nation's borders by enforcing more than 400 
Federal statutes and issuing a wide range of notices, decisions, and 
other documents to entities such as, but not limited to, universities, 
businesses, courts, and noncitizens.\7\ Generally, DHS regulations 
authorize ICE to serve notices, decisions, and other documents in 
person or through the U.S. Postal Service. DHS regulations distinguish 
between ``personal'' and ``routine'' service of notices, decisions, and 
other documents. See 8 CFR 103.8.
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    \6\ See https://www.ice.gov/mission (last visited Jun 30, 2022).
    \7\ The preamble of this IFR uses ``noncitizen'' as equivalent 
to the statutory term ``alien.'' See Barton v. Barr, 140 S. Ct. 
1442, 1446 n.2 (2020) (quoting 8 U.S.C. 1101(a)(3)).
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    Personal service is required in any proceeding initiated by DHS 
that has a proposed adverse effect on the recipient, if the recipient 
is confined to a penal or mental institution, or if the recipient is a 
minor under the age of 14 or mentally incompetent. See 8 CFR 
103.8(c)(1) and (2). Current regulations define personal service \8\ as 
personal delivery; delivery at a person's home or usual residence by 
leaving a copy with a person of suitable age and discretion; delivery 
at an attorney's or corporate office by leaving a copy with a person in 
charge; mailing a copy by certified or registered mail, return receipt 
requested, addressed to a person at his or her last known address; or 
notifying the party by electronic mail and posting the decision to the 
party's account with U.S. Citizenship and Immigration Services (USCIS) 
if so requested by the party. See 8 CFR 103.8(a)(2).
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    \8\ Cf. 8 CFR 103.8(a)(3) (providing additional methods for 
``personal service involving notices of intention to fine.'').
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    Routine service is not required by regulations but may be used when 
personal service is not required. Routine service includes mailing a 
notice by `ordinary' mail (first-class mail) addressed to the affected 
party or the party's attorney/representative at his or her last known 
address or notifying the party by electronic mail and posting the 
decision to the party's USCIS account if so requested by the party. See 
8 CFR 103.8(a)(1); See also 8 CFR part 292 (Representation and 
Appearances) and 8 CFR part 1292 (Representation and Appearances).\9\
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    \9\ Subject to the limitations in 8 CFR 103.2(a)(3).

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[[Page 53360]]

C. Immigration Bonds

    An immigration bond is a formal written guarantee by an obligor (an 
individual, entity, or surety company) posted as security for the 
amount noted on the face of the immigration bond. The bond assures ICE 
that the obligor will perform the obligations for the type of bond 
indicated on the Immigration Bond, Form I-352. The posting of 
immigration bonds can occur with the deposit of cash in the full 
principal amount of the bond, known as ``cash bonds;'' \10\ or where a 
surety company and its agent agree to pay the amount of the bond if 
there is a substantial violation of the bond's terms and conditions, 
known as a ``surety bond.'' Out of a total 33,237 approved immigration 
bonds that ICE issued in 2020,\11\ 25,751 (78 percent) were cash bonds 
and 7,486 (22 percent) were surety bonds. If the obligor performs the 
conditions set forth in the bond, the bond will be cancelled. If the 
obligor substantially violates the conditions of the bond, the bond 
will be considered breached (a breached bond). See 8 CFR 103.6(e).
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    \10\ An immigration bond secured by a cash deposit posted by an 
individual, law firm, non-profit organization, or other entity.
    \11\ Immigration Bond Statistics maintained by ICE's Bonds 
Branch, Financial Service Center-Burlington. Accessed 7/19/2022.
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    An immigration bond may be posted by a surety company or a cash 
bond obligor (provided that the bond is approved by ICE). Surety bonds 
are bonds underwritten by a surety company certified to issue bonds on 
behalf of the Federal Government. See generally 8 CFR 103.6(b) 
(identifying the parties that may serve as sureties on immigration 
bonds). Under the terms of the bond contract, the surety is the 
obligor, the co-obligor is the agent that posts a bond on behalf of a 
surety, the noncitizen (on whose behalf the bond is issued) is the 
principal, and ICE is the beneficiary of all bonds it authorizes. An 
acceptable surety is either a company that appears on the current 
Department of the Treasury (Treasury) Circular 570 as a company holding 
a certificate of authority to underwrite Federal bonds pursuant to 31 
U.S.C. 9304-9308 or is an entity or individual who deposits the amount 
of the bond with ICE. See 8 CFR 103.6(b)(1). The surety (obligor) and 
its agent (co-obligor) guarantee the performance and fulfillment of the 
noncitizen's duties as set forth in the bond form. See Form I-352, at 1 
(rev. 11/20).
    ICE approves and issues three different types of bonds.
     Delivery Bonds: To release a noncitizen from DHS custody 
while removal proceedings are pending.
     Voluntary Departure Bonds: To ensure a noncitizen who is 
granted voluntary departure leaves the United States on or before the 
voluntary departure date set by an Immigration Judge or the Board of 
Immigration Appeals (BIA).
     Order of Supervision Bonds: To ensure noncitizens released 
on an order of supervision comply with the material terms of the 
supervised release.
    Out of the 33,237 immigration bonds that ICE issued in 2020,\12\ 93 
percent were delivery bonds, six percent were voluntary departure 
bonds, and fewer than one percent were order of supervision bonds.\13\
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    \12\ Id.
    \13\ Ibid.
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    To trigger an obligor's performance, ICE issues a demand notice on 
Form I-340, Notice To Obligor To Deliver Alien. DHS regulations 
authorize ICE to use personal service as defined by 8 CFR 103.8 to 
deliver demand notices issued on delivery bonds so ICE can confirm 
receipt (the date the obligor receives the demand notice). ICE confirms 
receipt of demand notices (proof of service) issued on delivery bonds 
to confirm that timely notice was provided to an obligor of their duty 
to surrender a noncitizen at an ICE office on the designated date. For 
breach notices,\14\ cancellation notices, and notices of bond breach 
reconsideration decisions, DHS regulations authorize ICE to use routine 
mail service using first-class mail to the obligor's last known 
address. See 8 CFR 103.8(a)(1). ICE uses routine mail service as well 
to issue invoices and demand letters to surety companies and their 
agents, either by regular mail or a mail method that allows ICE to 
track and confirm delivery, or by email (electronically) with the co-
obligors' consent.
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    \14\ Immigration bonds are contracts subject to a regulatory 
scheme with the result that ICE bond breach determinations are 
reviewed by a court under the arbitrary and capricious standard of 
review set forth in the Administrative Procedure Act (APA), 5 U.S.C. 
706(2)(A). United States v. Gonzales & Gonzales Bonds & Ins. Agency, 
Inc., 728 F. Supp. 2d 1077, 1087-92 (N.D. Cal. 2010); Safety Nat'l 
Cas. Corp. v. DHS, 711 F. Supp. 2d 697, 701 & 708-09 (S.D. Tex. 
2008), rev'd in part on other grounds, AAA Bonding Agency Inc. v. 
DHS, 447 F. App'x 603 (5th Cir. 2011); United States v. Minnesota 
Trust Co., 59 F.3d 87, 90 (8th Cir. 1995).
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    After an immigration bond is issued, depending on the type of, and 
action needed on the, bond, ICE may issue the following notification(s) 
to the bond obligor.
    1. Delivery Demand. Form I-340, Notice to Obligor to Deliver Alien, 
instructs the bond obligor to surrender the noncitizen to an ICE Office 
or to an immigration court on a designated date.
    2. Breach Notice. Form I-323, Notice--Immigration Bond Breached, 
informs the obligor that a condition of the bond was substantially 
violated, notating the date the bond was breached, and apprises the 
obligor of the right to file an administrative appeal of the breach 
determination.\15\
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    \15\ 8 CFR 103.6(e); ICE Form I-323 (rev. Oct. 2020).
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    3. Cancellation Notice. Form I-391, Notice--Immigration Bond 
Cancelled, informs the obligor that substantial compliance with the 
conditions of the bond was performed and that, for cash bonds, the 
deposit will be refunded.\16\
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    \16\ ICE Form I-391 (rev. Oct. 2020).
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    4. Bond Breach Reconsideration. Form 71-042, Notice of Bond Breach 
Reconsideration Decision, rescinds a bond breach issued in error and 
informs the obligor either that the bond has been reinstated or 
cancelled.\17\
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    \17\ ICE Form 71-042 (rev. Jan. 2013).
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    For surety bonds that have been breached, ICE issues an invoice 
with information about the government's collection processes to satisfy 
the requirement to notify the co-obligors of the demand for payment 
under 31 CFR 901.2. ICE may issue a demand letter to the co-obligors 
summarizing the facts supporting the breach determination and attaching 
documents that support the determination that a debt is owed.

D. Need for Changes

    DHS is amending its regulations to permit ICE to transition to a 
more modern, secure, and electronic environment. Initially, ICE's 
Enforcement and Removal Operations (ERO) Bond Management Unit will 
utilize electronic service in the immigration bonds context. 
Specifically, this IFR permits ICE to issue bond-related notifications 
to obligors electronically when enrolling in ICE's electronic bond 
systems: (1) Electronic Bonds Online System (eBONDS) and (2) Cash 
Electronic Bonds Online System (CeBONDS). This capability will improve 
security and transparency in the bond process and facilitate quicker 
information and communication to both the public and the government 
with minimal burden. ICE ERO is currently developing CeBONDS, a system 
that allows obligors to conveniently post ICE immigration cash bonds 
online without visiting an ICE office in-person.
    ICE's CeBONDS system will permit the general public to post and pay 
bonds online. However, due to current regulations, ICE only permits

[[Page 53361]]

individuals to post bonds online, but ICE is not permitted to serve 
notices, decisions, or other documents electronically. See 8 CFR 
103.8(a)(1) and (2). ICE is seeking this regulatory change to create 
efficiencies and avoid lags in bond processing that may occur when 
allowing the general public to post and pay bonds electronically but 
where ICE then must serve a paper notice, decision, or other document 
through paper-based service. See current 8 CFR 103.8(a)(1) and (2). 
Regulatory changes in this rule will permit ICE to conduct an entirely 
electronic transaction with obligors posting bonds online, instead of 
permitting obligors to post bonds online but serving bond-related 
notices via regular or certified mail. Without this rule, eBONDS and 
CeBONDS notifications cannot be served electronically once that system 
development is completed because the rule is needed to authorize 
electronic notifications.
    In 2010, ICE deployed the Electronic Bonds Online System (eBONDS), 
a web-based system designed to automate the issuance of ICE immigration 
bonds underwritten by surety companies and their agents.\18\ Prior to 
the deployment of eBONDS, a surety agent was required to visit an ERO 
field office in person. First, a surety agent would request that an ERO 
field officer verify a noncitizen was eligible for bond, and then 
complete and submit the hard copy Form I-352 bond documentation package 
in order to post bond. Once the ERO officer reviewed and approved the 
package, ERO would create a financial record of the bond in the 
appropriate ICE system and ICE would release the noncitizen. If the 
noncitizen did not satisfy the terms of the bond (e.g., failed to 
appear at an ICE office in response to a demand notice), the bond was 
considered breached, and the surety company was required to pay the 
bond amount to the U.S. Government.
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    \18\ eBONDS may only be used for surety bonds. However, of the 
33,237 approved immigration bonds that ICE issued in 2020, only 
7,486 were surety bonds. See Immigration Bond Statistics maintained 
by ICE's Bonds Branch, Financial Service Center-Burlington.
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    The eBONDS system streamlined the processing and issuing of surety 
bonds and allowed a surety company and its agent to initiate and 
process an immigration bond online rather than appearing in person at 
an ICE office to request a bond be issued and approved. The eBONDS 
system enabled ICE offices to prepare and issue demand, breach, and 
cancellation notices directly to surety companies and their agents 
electronically. However, due to current regulations, eBONDS could not 
be fully implemented, in that ICE cannot electronically serve the bond-
related notifications it generates unless the surety company agrees 
otherwise. See 8 CFR 103.6 and 8 CFR 103.8(a)(1) and (2). Instead, 
eBONDS automatically generates bond-related notifications that ICE 
personnel must print on paper and serve via certified or regular 
mail.\19\
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    \19\ eBONDS was built to provide bond-related notices 
electronically, but current regulation does not recognize that form 
of service. As such, that functionality was never enabled. eBONDS 
has a secure process set up for electronic service. Because bond-
related notices contain sensitive information, a notice is 
transmitted to the surety companies and their agents in a two-step 
process. First, the eBONDS system generates an email to the surety 
and/or agent informing them that a notice was issued. Second, to 
actually view the notice, the surety or agent must log in to eBONDS 
and review the notice. eBONDS tracks and records when the notice is 
opened, thereby permitting ICE to verify receipt of the notice.
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    ICE is currently developing the CeBONDS system to allow cash bonds 
to be posted online. CeBONDS will incorporate the functionality of 
eBONDS to allow ICE to issue and serve all bond notices electronically 
to any cash bond obligor who registers with the CeBONDS system. This 
alternative method for issuing and serving cash bond notices will 
increase security, efficiency, and accessibility for both obligors and 
ICE. As stated above, no regulatory changes are needed to allow cash 
bond obligors to post bonds online. However, current regulations do not 
permit ICE to serve notifications electronically as they limit the 
available methods of service to those listed in 8 CFR 103.8(a)(1) and 
(2) (routine service and personal service). Without this rule, ICE 
cannot send electronic bond notifications using CeBONDS and eBONDS.
    ICE currently prepares and serves paper bond notices for sureties 
and their agents who post bonds electronically in eBONDS but ICE 
prefers to shift to an entirely electronic process with the release of 
CeBONDS. Of the 33,237 approved immigration bonds that ICE issued in 
2020, 25,751 were cash bonds.\20\ Expanding the hybrid electronic-paper 
process from eBONDS to a larger number of cash bonds posted by 
individuals, would be unduly burdensome to ICE as well as unnecessarily 
delay receipt of bond-related notices to individuals posting cash 
bonds. ICE does not believe it is reasonable to have an electronic 
transaction delayed or disrupted by requiring a paper document to be 
served via regular or certified mail when more efficient and cost-
effective methods are available.
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    \20\ See Immigration Bond Statistics maintained by ICE's Bonds 
Branch, Financial Service Center-Burlington.
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IV. Discussion of Changes

    The definition of means of ``service'' in 8 CFR part 103 will be 
amended to provide flexibility and promote the Federal Government's 
goal of building better digital service transformation.\21\ The 
regulations in chapter I of title 8 of the CFR contain provisions that, 
to varying degrees, govern facets of the immigration-related components 
of DHS, including but not limited to U.S. Customs and Border Protection 
(CBP), ICE, and USCIS. Because ``the Service'' in 8 CFR may refer to 
any immigration-related component of DHS, including CBP, ICE, and/or 
USCIS, DHS is adding provisions to 8 CFR 103.6 to serve bond-related 
notices electronically when consenting, enrolling, and using an ICE 
electronic bonds systems.
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    \21\ U.S. General Services Administration, Guidance on building 
better digital services in government, https://digital.gov/ (last 
visited July 5, 2022).
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    DHS is adding two paragraphs to Sec.  103.6, Immigration bonds, to 
specifically authorize ICE to send all bond-related notifications 
electronically to cash bond obligors and surety companies and their 
agents who post an immigration bond using the eBONDS or CeBONDS. 
Because an obligor must login to eBONDS or CeBONDS with a unique 
password, an electronic record from the ICE bonds system indicating 
that the obligor opened a particular notification will serve as valid 
proof of receipt service of the notice.
    Proof of service functions as a receipt confirming the delivery of 
documents from one party to another. ICE will verify that the email 
provided by the noncitizen or the person authorized to accept service 
on behalf of the noncitizen is valid users cannot create an online 
account if their email is not validated. ICE will generally perform a 
validity check as part of the sign-up process for receiving electronic 
bond-related notices which is common practice with establishing online 
accounts and notifications.\22\ ICE will retain that confirmation of 
consent in order to document the noncitizen's consent. For bond-related 
notifications,\23\ when the obligor receives an email that a bond-
related notification has been issued, the obligor must login with a 
unique password to CeBONDS or eBONDS to view the notice. In amended 
Sec.  103.6, ICE will

[[Page 53362]]

consider proof of service to be sufficient when ICE is able to verify 
that the document was opened in eBONDS or CeBONDS. Electronic bond-
related notifications will serve as a valid form of notice that are 
reasonably calculated to inform an individual, surety company, or agent 
of the requirement to take some action.\24\
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    \22\ ICE will use another method of notification in the event 
that the validity checks fails.
    \23\ Currently, bond-related notices are automatically generated 
from an electronic transaction.
    \24\ Rule 4(f)(3) of the Federal Rules of Civil Procedure allows 
service of process by email under certain circumstances.
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V. Implementation of Electronic Notices

A. eBONDS and CeBONDS

    ICE's eBONDS system allows surety companies or their agents to 
initiate and process immigration bonds online rather than appear in 
person at an ICE office to request a bond be issued and approved. 
eBONDS also enables ICE to generate electronic bond-related 
notifications to surety companies and their agents, although those 
notifications cannot be served electronically under current 
regulations. See 8 CFR 103.8(a)(1) and (2). The surety companies and 
their agents can open an online account in eBONDS to view, print, or 
save any documents or notifications associated with a bond at any time. 
Surety companies and their agents who post bonds electronically enter 
into a contract with ICE called an ``eBONDS Access Application and 
Agreement.'' This contract grants the co-obligors access to eBONDS if 
the surety company and their agents agree to the terms and conditions 
of use. Once an obligor chooses to post a bond electronically with ICE, 
the obligor agrees to accept and receive bond notifications and notices 
electronically and agrees that opening a notice in eBONDS will 
constitute as proof of service that that notice was received.
    ICE's CeBONDS system will use the same processes and procedures for 
cash bonds. Within CeBONDS the cash bond obligor is responsible for 
ensuring that the email address provided is current and that email 
settings (such as spam and other filters) will allow ICE electronic 
bond-related notifications to be received. It is the responsibility of 
the cash bond obligor to ensure that electronic bond-related 
notifications can be received.
    When developed and fully implemented, CeBONDS will notify the cash 
bond obligor by generating an email notification that a document is in 
their account so the obligor can log into the system to view the 
``queue'' organized by a unique identifier for each bond (coinciding 
with each notification issued). To view the bond-related notification, 
the cash bond obligor clicks on an attachment. Obligors will be able to 
view, download, and print the bond form and any bond-related 
notification issued by ICE. Similar to eBONDS, CeBONDS will 
electronically record the date and time the obligor opened the 
document, so ICE has proof of receipt of the electronic bond-related 
notification.

B. Electronic Immigration Bonds System Safeguards

    ICE built safeguards into eBONDS and CeBONDS to ensure both surety 
companies and individuals posting bonds actually receive their 
electronic bond-related notifications. The systems will confirm that 
obligors and surety companies (or their agents) that post bonds 
electronically have the ability to send and receive emails and are 
aware that bond-related notifications will be sent by email.
    For surety companies, their agents, and cash bond obligors posting 
multiple bonds, ICE will allow the obligors to post a new bond when all 
notifications are opened within seven calendar days of being sent. 
eBONDS tracks, and when fully developed in the future CeBONDS will 
track, ``unopened'' notifications. Obligors who are not in compliance 
with this requirement will be placed in a ``deficient electronic 
recipient'' category and be prevented from posting new bonds in the 
electronic systems. This safeguard ensures that bond obligors open 
electronically served bond-related notifications in a timely fashion 
and are aware of any significant actions taken on the bond. For 
obligors in the ``deficient electronic recipient'' category, ICE will 
reissue bond-related demand notifications by mailing them using a 
tracking method, such as certified or registered mail with a return 
receipt requested and will reissue all other bond-related notifications 
by first-class mail to the obligor's last known address. ICE's eBONDS 
and CeBONDS systems default to electronic service of bond-related 
notifications, but if there is a problem with that electronic service 
ICE reverts to another permitted form of paper-based service. Once the 
system shows that the obligor complies with opening all electronic 
bond-related notifications within seven calendar days of being sent, 
the obligor may once again post new bonds electronically in eBONDS and 
CeBONDS.
    An important goal of this IFR is to reduce situations where surety 
and cash bond notifications are sent by certified, registered, or 
regular mail but are not delivered to obligors who have moved after 
posting the bond. By authorizing electronic service, bond-related 
notifications are received quicker, electronic service can be verified 
in moments, and the number of bond-related notifications that are 
returned as undeliverable will be reduced. While these are all 
efficiencies gained for ICE, they are also benefits for surety 
companies, agents, and for individuals posting cash bonds for 
noncitizens or family members.

C. In Person Option

    ICE does not intend to refuse surety companies or individuals from 
posting a bond in-person at the appropriate ICE office. Cash bond 
obligors and surety companies and their agents (on behalf of a 
noncitizen) still have the option to appear in person at an ICE office 
to request a bond be issued and approved. However, ICE intends to 
largely transition to an electronic environment for the posting of 
immigration bonds. ICE has developed eBONDS and CeBONDS, building in 
numerous safeguards and conveniences for the obligors. ICE anticipates 
high adoption of CeBONDS because it will be more convenient posting an 
immigration bond online rather than physically traveling to the 
appropriate ICE office. However, ICE recognizes that there will be 
instances where non-electronic bond-related notifications will have to 
be served by another authorized form of paper-based service (e.g., 
deficient electronic recipients, obligors who choose to post a bond in-
person). In such cases, obligors would receive non-electronic bond-
related notifications under the current system using certified, 
registered, or regular mail.

D. E-SIGN Act

    A bond is a contract with obligations on both ICE and the obligor. 
When ICE approves an immigration bond, ICE engages in a governmental 
function pursuant to its statutory and regulatory authority.\25\ Unlike 
a ``service'' such as banking or lending where consumer disclosures are 
mandated by law, such as the Truth in Lending Act \26\ or the Truth in 
Savings Act,\27\ bond-related notifications are issued pursuant to the 
bond contract and the regulatory scheme governing immigration 
bonds.\28\ Electronic bond-related notifications will serve as a valid 
form of notice that

[[Page 53363]]

are reasonably calculated to inform an individual of the requirement to 
take some action. For example, Rule 4(f)(3) of the Federal Rules of 
Civil Procedure allows service of process by email under certain 
circumstances.
---------------------------------------------------------------------------

    \25\ See INA 103(a)(1), (3), 8 U.S.C. 1103(a)(1), (3); 8 CFR 
236.1(c)(10); 8 CFR 240.25(b), 8 CFR 1240.26(b)(3)(i), (c)(3)(i); 
and 8 CFR 241.5(b).
    \26\ 15 U.S.C. 1601-1667f (requiring creditors who loan to 
consumers to make certain written disclosures concerning finance 
charges).
    \27\ 12 U.S.C. 4301 et seq. (applicable to all insured 
depository institutions and credit unions and imposing standardized 
disclosures about interest rates and fees on deposit accounts).
    \28\ See 8 CFR 236.1(c)(10); 8 CFR 240.25(b), 8 CFR 
1240.26(b)(3)(i), (c)(3)(i); and 8 CFR 241.5(b).
---------------------------------------------------------------------------

    Requiring obligors using eBONDS and CeBONDS to accept electronic 
notifications is permissible under the E-SIGN Act.\29\ If an electronic 
notification is returned as undeliverable or is received but not opened 
by the obligor within seven days (resulting in the obligator being 
deficient), ICE will reissue the electronic bond-related notification 
in another authorized form of paper-based service to the obligor's most 
recent address on record. However, ICE recognizes that mailing bond-
related notifications to the obligor's address of record may result in 
a delay and one bond-related notification being served multiple times 
(e.g., the electronic notification in the immigration bonds system 
followed by paper-based service to the address of record).
---------------------------------------------------------------------------

    \29\ Under the definition of a ``consumer'' by the E-SIGN Act, 
bond obligors are not ``consumers'' because a ``product or service'' 
is not obtained through the transaction of posting a bond. An 
obligor does not meet the definition of ``consumer'' for any of the 
three types of bonds (delivery bonds, voluntary departure bonds, and 
order of supervision bonds) issued by ICE. See 15 U.S.C. 7006(1).
---------------------------------------------------------------------------

    Further, because participation in eBONDS currently requires consent 
to receive electronic bond-related notifications, and participation in 
CeBONDS will require the same consent when that system is developed and 
fully implemented, ICE is not required to obtain separate or additional 
consent before issuing electronic bond-related notifications to 
obligors using CeBONDS or eBONDS for the changes made by this rule. All 
obligors posting bonds in eBONDS or CeBONDS must consent to receive 
electronic bond-related notifications as a pre-condition of enrolling 
in and using the systems. As such, any consent requirements of the E-
SIGN Act will be satisfied.

VI. Statutory and Regulatory Requirements

    DHS developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. The sections below summarize 
the analyses based on a number of these statutes or Executive orders.

A. Administrative Procedure Act

    The APA requires agencies to provide public notice and seek public 
comment on substantive regulations. See 5 U.S.C. 553. The APA, however, 
provides limited exceptions to this requirement for notice and public 
comment, including for ``rules of agency organization, procedure, or 
practice.'' See 5 U.S.C. 553(b)(A). In the D.C. Circuit's ``oft-cited 
formulation,'' this procedural-rule exception `` `covers agency actions 
that do not themselves alter the rights or interests of parties, 
although it may alter the manner in which the parties present 
themselves or their viewpoints to the agency.'' JEM Broad. Co., Inc. v. 
FCC, 22 F.3d 320, 326 (D.C. Cir. 1994) (quoting Batterton v. Marshall, 
648 F.2d 694, 707 (D.C. Cir. 1980)); see also Mendoza v. Perez, 754 
F.3d 1002, 1023-24 (D.C. Cir. 2014). This rule adds another method 
(e.g., electronic service) for ICE to serve bond-related notifications 
for anyone enrolling in or using an ICE electronic bonds systems. This 
rule expressly permits ICE to serve electronic bond-related 
notifications for all immigration bonds through the eBONDS and CeBONDS 
systems. Neither DHS nor ICE are removing or limiting any of the 
current methods of service found in 8 CFR 103.8(a)(1) or (2). For these 
reasons, DHS believes that these changes are procedural in nature, 
improve the effectiveness and efficiency of agency operations, and do 
not alter substantive rights. Therefore, because this IFR is 
procedural, notice and opportunity for public comment are not required. 
See 5 U.S.C. 553(b)(A). DHS nevertheless invites comments on this IFR 
and will consider all timely comments submitted during the public 
comment period as described in the ADDRESSES section.

B. Executive Orders 12866 and 13563: Regulatory Review

    Executive Order 12866 (Regulatory Planning and Review) and 
Executive Order 13563 (Improving Regulation and Regulatory Review) 
direct agencies to assess the costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility.
    This IFR has not been designated a ``significant regulatory 
action,'' under section 3(f) of Executive Order 12866, as amended by 
Executive Order 14094. Accordingly, the rule has not been reviewed by 
the Office of Management and Budget. The analysis period of this rule 
covers 10 years to ensure it captures impacts that accrue over time. 
DHS expresses quantified impacts in 2021 dollars and uses discount 
rates of 3 and 7 percent, pursuant to Circular A-4.
Summary of the Analysis
    DHS estimates that the IFR will have public costs and unquantified 
benefits, and result in cost-savings and unquantified benefits to the 
Government. The overall quantified impact of this rule is a net savings 
of $1,062,712 discounted at 3 percent and $655,278 discounted at 7 
percent, with unquantified benefits expected to outweigh the 
unquantified costs. The rule is expected to expedite delivery and 
improve the reliability of service of bond-related notifications. In 
accounting for the costs and cost-savings of this IFR, ICE has assumed 
that all current obligors will transition to electronic notification 
within the first year of the publishing of this IFR. New bond obligors 
enrolling in CeBONDS or eBONDS will de facto agree to the use of 
electronic notifications as a feature of using these systems, though 
they will have the option to utilize physical notification under 
certain circumstances, such as an obligor lacking the means to access 
the internet. Lastly, while the analysis assumes that bond obligors 
will enroll in these services sooner rather than later, full adoption 
may ultimately depend on several factors, such as obligors being made 
aware of these changes, understanding the benefits of these provisions, 
and possessing the means to access the internet. Table 1 summarizes the 
findings of this regulatory impact analysis (RIA).

[[Page 53364]]



           Table 1--OMB Circular A-4 Accounting Statement 2021
                               [Millions]
------------------------------------------------------------------------
            Category                    Impact              Source
------------------------------------------------------------------------
                                Benefits
------------------------------------------------------------------------
Annualized Monetized Benefits ($
 Mil)
    (3%)........................  ..................  RIA.
    (7%)........................  ..................  RIA.
Annualized Quantified, but
 Unmonetized, Benefits.
Unquantified Benefits...........  Improved program    RIA.
                                   delivery. Reduced
                                   paper waste.
------------------------------------------------------------------------
                                  Costs
------------------------------------------------------------------------
Annualized Monetized Costs ($
 Mil)
    (3%)........................  -0.124............  RIA.
    (7%)........................  -0.093............  RIA.
Annualized Quantified, but
 Unmonetized, Costs.
Unquantified Costs..............  Cost to public to   RIA.
                                   access electronic
                                   system.
------------------------------------------------------------------------
                                Transfers
------------------------------------------------------------------------
Annualized Monetized Transfers..
From Whom to Whom...............
------------------------------------------------------------------------
                             Other Analyses
------------------------------------------------------------------------
Effects on State, Local, and/or   No Impact.........  IFR.
 Tribal Governments.
Effects on Small Business.......  Undetermined......  IFR.
Effects on Wages................
Effects on Growth...............
------------------------------------------------------------------------

Background and Purpose of Interim Final Rule

    As part of its mission to enforce U.S. immigration laws, ICE 
currently issues a wide range of notices, decisions, and other 
documents to entities such as, but not limited to, universities, 
businesses, noncitizens, courts, and employees. Current regulations 
authorize ICE to serve documents in-person or by certified, registered, 
or regular mail. However, serving documents in this manner can take 
time and be more costly, compared to electronic methods of service. The 
IFR authorizes ICE to serve electronic bond-related notifications to 
obligors who enroll in CeBONDS and eBONDS.
    Currently, ICE uses certified mail for the service of demand 
notices issued on delivery bonds so that ICE can confirm the date upon 
which an obligor receives the demand notice. Since 2010, ICE has 
employed eBONDS, which is a web-based system used primarily by surety 
agents and ICE to facilitate the ICE immigration bond management 
process. This system was implemented to allow surety agents the option 
to post surety bonds electronically for noncitizens determined by ICE 
to be eligible for release on bond. Additionally, eBONDS was built with 
functionality that included the ability to serve electronic bond-
related notifications to surety companies and their agents within 
eBONDS for those companies who opted-in to electronic service, but due 
to current regulatory requirements for personal and routine service, 
that capability has not been implemented in eBONDS.\30\ See 8 CFR 
103.8(a)(1) and (2). Similarly, ICE is currently developing CeBONDS to 
allow cash bond obligors to post cash immigration bonds online without 
obligors having to appear in person at an ICE office. CeBONDS will 
offer to individuals posting cash bonds all the conveniences that 
eBONDS provides to surety companies. This IFR will allow ICE to fully 
implement eBONDS and CeBONDS by authorizing ICE to serve bond-related 
notifications electronically for those who-consent, setup an account, 
and utilize the eBONDS and CeBONDS systems.
---------------------------------------------------------------------------

    \30\ Mead, Gary. ``Privacy Impact Assessment Update for the 
Bonds Online System (eBONDS) Phase Two.'' January 23, 2013, 
Available at: https://www.dhs.gov/sites/default/files/publications/ice-pia-008-a-ebonds-2013.pdf, accessed Mar. 16, 2021.
---------------------------------------------------------------------------

Time Horizon for the Analysis
    ICE estimates the economic effects of this IFR will be sustained 
indefinitely. ICE assumes a 10-year timeframe to outline, quantify, and 
monetize the costs and benefits of the rule, and to demonstrate its net 
effects.
Analysis Considerations
    With regard to bond-related notifications, ICE derived quantitative 
estimates of the costs that will be saved in ICE's operations, 
attributable to ICE serving the notifications electronically rather 
than through a non-electronic method. In order to calculate these 
estimates, this analysis assumes that full use of eBONDS and CeBONDS 
will require that current obligors transition from physical 
notifications to that of electronic notifications as they become 
familiar with the changes presented in this IFR. Based on input from 
ICE subject matter experts, this analysis also assumes that the 
majority of current bond obligors will adopt these services within the 
first year of publishing this rule to realize the benefits of 
electronic bond-related notifications, and will elect to use these 
services sooner rather than later. However, while the analysis assumes 
that the majority of bond obligors will utilize these systems, full 
adoption may ultimately depend on several factors, such as obligors 
being made aware of these changes, understanding the benefits of these 
provisions, and possessing the means to access the internet. Lastly, 
this estimate does not account for any change in the total number of 
notices that will occur in the future, or under circumstances when ICE 
needs to send paper notices

[[Page 53365]]

by mail if emails fail, or the possibility of less than full adoption 
by the public. With this IFR, new bond obligors utilizing CeBONDS and 
eBONDS will automatically enroll in electronic notifications upon 
consent, though they will have the option to utilize physical 
notification under certain circumstances--such as an obligor lacking 
the means to access the internet.
Affected Population
    The IFR will affect ICE officers and all bond obligors who post 
immigration bonds online using CeBONDS or eBONDS. Once ICE has the 
ability to serve electronic notifications to bond obligors, ICE will 
begin to serve all bond-related notifications electronically to any 
obligor who chooses to post a bond electronically.
    To account for these populations, ICE utilized its Bond Management 
Information System to collect and analyze data on surety companies and 
their agents that post bonds and data on individual obligors who post 
cash bonds. Using this information, ICE found that an average of 41,820 
cash bonds were posted annually by obligors between fiscal years 2018 
and 2020. Additionally, ICE found that between fiscal years 2018 and 
2020, a total of 15 agents and 11 surety companies posted ICE 
immigration bonds on behalf of surety bond obligors. Combined, these 
representatives posted bonds for an average 8,190 obligors. Table 2 
displays this information below by fiscal year and category of bonds.

                             Table 2--Total Bonds Posted by Cash and Surety Obligors
----------------------------------------------------------------------------------------------------------------
                    Category                           2018            2019            2020           Average
----------------------------------------------------------------------------------------------------------------
Surety Bonds....................................           8,081           9,098           7,391           8,190
Cash Bonds......................................          49,793          50,135          25,531          41,820
                                                 ---------------------------------------------------------------
    Total.......................................          57,874          59,233          32,922          50,010
----------------------------------------------------------------------------------------------------------------
Source: DHS/ICE Bond Management Information System (BMIS).

Baseline
    This section details the regulatory baseline for this IFR. The 
table below provides a summary of the anticipated changes to baseline 
conditions due to this IFR.

                                      Table 3--Summary of Expected Impacts
----------------------------------------------------------------------------------------------------------------
                                                                            Cost impact to
            Provision               Description of         Affected            affected         Benefit impact
                                        change            population          population
----------------------------------------------------------------------------------------------------------------
Serve Bond-Related Notices        Serve all           All bond obligors                Improved
 Electronically.                   immigration (ICE)   who post            Familiarization     program delivery.
                                   bond-related        immigration bonds   costs.
                                   notifications       online using the    Potential
                                   electronically to   CeBONDS or eBONDS   technology costs.
                                   bond obligors who   system.            
                                   have posted a                           Opportunity
                                   bond using the                          costs..
                                   eBONDS and
                                   CeBONDS systems.
                                                      Federal Government   Program     Expedited
                                                                           cost savings.       Notifications.
----------------------------------------------------------------------------------------------------------------

Current Regulatory Baseline
    Currently, ICE uses routine service as defined by 8 CFR 103.8(a)(1) 
to serve breach notices, cancellation notices, and notices of bond 
breach reconsideration decisions. ICE performs the routine service by 
sending first-class mail to the obligor's last known address. ICE also 
uses routine service to serve invoices and demand letters to surety 
companies and their agents, sending them either by regular mail, an 
alternative mailing method that allows ICE to track and confirm 
delivery, or email (with the co-obligors' consent).
    Additionally, ICE uses personal service as defined by 8 CFR 
103.8(a)(2) \31\ to effect service of demand notices issued on delivery 
bonds so that ICE may confirm the date on which the obligor receives 
the demand notice. Currently, for ICE, ``personal service'' may be 
effected through any of the following methods: personal delivery; 
delivery at a person's home or usual residence by providing a copy to a 
person of suitable age and discretion; delivery at the office or 
residence of an attorney or representative; or mailing by certified or 
registered mail, with return receipt requested, to a person's last 
known address.
---------------------------------------------------------------------------

    \31\ Except that portion of 8 CFR 103.8(a)(2) that is applicable 
solely to USCIS.
---------------------------------------------------------------------------

    To establish a baseline analysis for all bond-related notices, ICE 
calculated the average number of notifications served by mail per year, 
of each type of immigration bond, based on data from 2018 to 2020 
(Table 4). ICE found the average number of all types of notifications 
per year to be 45,358.
---------------------------------------------------------------------------

    \32\ Source: DHS/ICE BMIS. Accessed July 26, 2021.

               Table 4--Types of Immigration Bond Notices
------------------------------------------------------------------------
                                                          Average annual
                                                             number of
                       Notice type                         notices \32\
                                                           mailed (2018-
                                                               2020)
------------------------------------------------------------------------
I-391 Cash Bond Cancellations...........................          15,317
I-340 Cash Bond Obligor to Deliver Noncitizen...........          12,020
I-323 Cash Bond Breaches................................           7,128
I-340 Surety Bond Obligor to Deliver Noncitizen.........           6,080
I-391 Surety Bond Cancellations.........................           2,841
I-323 Surety Bond Breaches..............................           1,412
Surety Bond Motion to Reopen or Reconsider..............             306
Cash Bond Motion to Reopen or Reconsider................             254
                                                         ---------------
    Total...............................................          45,358
------------------------------------------------------------------------


[[Page 53366]]

    ICE anticipates that, in the absence of this rulemaking, the agency 
would continue to serve all bond-related notifications using personal 
or routine service, at a cost to both the Federal Government and the 
recipients. ICE would still be required to process and serve 
notifications manually, and bond obligors would continue to receive 
physical notifications via an authorized form of paper-based service.
Costs of the Interim Final Rule
    This alternative electronic method of ICE's process for serving 
bond notices has the potential to introduce familiarization, 
technology, and opportunity costs to the affected population.
Quantified Costs
    Familiarization--A likely impact of the IFR is that various 
individuals and other entities will incur costs associated with 
familiarization with the provisions of the rule. Familiarization costs 
involve the time spent reviewing and learning the provisions of a rule. 
Various offices throughout ICE may review the rule to determine how 
they are subject to the IFR. To the extent these entities are directly 
regulated by the rule, familiarization costs would be incurred, and 
those familiarization costs are a direct cost of the rule.
    In addition to those being directly regulated by the rule, a wide 
variety of other entities would likely choose to read the rule and 
incur familiarization costs. For example, surety companies and 
noncitizens may want to become familiar with the provisions of this 
rule. At approximately 16,800 words, ICE estimates the time that would 
be necessary to read the IFR would be approximately 56 to 67.2 minutes 
per person, resulting in opportunity costs of time. Congruent with 
other DHS impact analyses, ICE assumes the average professional reads 
technical documents at a rate of 250 to 300 words per minute.\33\ An 
entity, such as a surety company may have more than one person who 
reads the IFR. Using the average hourly rate of total compensation as 
$37.83 for all occupations (both civilian and private),\34\ ICE 
estimates that the opportunity cost of time will range from $35.31 to 
$42.37 per individual who must read and review the IFR (in 2021 
dollars).\35\
---------------------------------------------------------------------------

    \33\ See 87 FR 10570 (published February 24, 2022) and 87 FR 
18078 (published March 29, 2022).
    \34\ Average hourly total compensation $37.83 = ($39.01 civilian 
workers + $36.64 private industry workers)/2; Total Compensation for 
civilian workers and private industry workers: https://www.bls.gov/news.release/archives/ecec_06172021.pdf. Accessed July 12, 2022.
    \35\ Calculation: ((Total compensation for civilian workers + 
total compensation for private industry workers)/2) * (Time (in 
minutes) to read rule--(lower or upper bound)) = (Opportunity cost 
of time [OCT] to read rule) = $37.83 * (67.2/60) = $42.37, = $37.83 
* (56/60) = $35.31. Word count estimated as of 8/15/2022.
---------------------------------------------------------------------------

    While the analysis assumes the majority of bond obligors will 
utilize these systems, there are many factors which may impact the 
adoption of CeBONDS, such as awareness of the system and internet 
access. Given this, ICE can provide a estimate for the number of people 
that would familiarize themselves with this rule based on expected 
users. To estimate this population, ICE utilized counts of bond 
obligors \36\ and surety companies \37\ between 2018 and 2020 to derive 
an annual average of 41,846 obligors (41,820 cash obligors + 11 surety 
companies + 15 agents). Assuming that at least one person from each 
entity would be responsible for reading the IFR, the total 
familiarization cost would range from $1,477,582 to $1,773,015 (in 2021 
dollars).\38\ The average of this estimated range for familiarization 
for bond obligor entities, $1,625,299, is used in the accounting of the 
first year of the cost of this rule.
---------------------------------------------------------------------------

    \36\ Data was obtained from the BMIS, accessed July 16, 2021 
(see Table 2). An average of 41,820 cash bonds were posted annually 
between 2018 and 2020. ICE used the average cash bonds posted as an 
estimate of the number of cash bond obligors. Cash bonds are 
generally posted by noncitizens or loved ones.
    \37\ This includes surety agents who post bonds of behalf of 
obligors. ICE found that between fiscal year 2018 and 2020, a total 
of 15 agents and 11 surety companies posted ICE immigration bonds on 
behalf of surety bond obligors.
    \38\ Range for total familiarization cost: lower bound $35.31 x 
41,846 = $1,477,582; upper bound $42.37 x 41,846 = $1,773,015.
---------------------------------------------------------------------------

    Account Creation--In accounting for the costs of electronic bond-
related notifications, ICE considered whether bond obligors or surety 
companies would face opportunity costs to utilize eBONDs and CeBONDS. 
For ICE to send notices electronically to bond obligors, the bond 
obligors will need to create a personal account to access bond-related 
notifications and process bond payments. ICE estimates the time that 
would be necessary to create this account would be no more than 10 
minutes. Using the average total rate of compensation as $37.83 \39\ 
per hour for all occupations, ICE estimates that the opportunity cost 
of time will be $6.31 per individual (or surety company) who creates an 
account. To estimate this population, ICE utilized a three-year average 
population count \40\ of bond obligors between fiscal year 2018 and 
2020 (from table 2) and assumes that most obligors will enroll into the 
program within the first year of implementation The estimated total 
opportunity cost during the first year adoption period for the current 
obligor population to transition to these systems is $263,884.\41\ To 
account for surety companies and surety agents, ICE also utilized BMIS 
to account for each representative which posted surety bonds between 
fiscal year 2018 and 2020, determining that a total of 15 agents and 11 
surety companies had posted immigration bonds. The estimated total 
opportunity cost during the first year adoption period for this 
population to transition to these systems is $164.06.\42\
---------------------------------------------------------------------------

    \39\ Includes both civilian and private occupations. https://www.bls.gov/news.release/archives/ecec_06172021.pdf. Accessed July 
12, 2022.
    \40\ Data was obtained from the Bond Management Information 
System (BMIS), and utilized the number of unique Tax Identification 
Numbers (TIN) for bond obligors within a given set of years. 
Accessed July 16, 2021.
    \41\ $263,884 = $6.31 x 41,820 annual average number of unique 
cash bond obligors (see Table 2).
    \42\ $164 = $6.30 x 26 annual average number of surety companies 
and surety agents FY2018-FY2020.
---------------------------------------------------------------------------

    Lastly, in order to determine the cost of new obligors entering the 
pool and creating new accounts over the time horizon, ICE utilized 
prior cash bond obligor population data from fiscal years 2018 to 2020 
to project that an average of 41,820 new cash bond obligors would 
create accounts each year. This would equate to a total cost to the 
public of $2,639,006 over 10 years.
    CeBONDS Development & Maintenance--CeBONDS began development in 
April of 2021, with the total development cost for ICE being estimated 
at roughly $1,507,000. The maintenance costs for ICE have been 
estimated to be $150,000 annually.\43\ Similar to eBONDS, without this 
rule, ICE would still develop and implement CeBONDS to allow obligors 
to post cash bonds electronically and ICE would continue to serve all 
bond-related notifications using personal or routine service. 
Therefore, ICE did not include these development and maintenance costs 
as a part of the total costs in this analysis since the development and 
operation of the CeBONDS system is occurring independent of this IFR.
---------------------------------------------------------------------------

    \43\ Estimates provided by ERO, Bond Management Unit, July 14, 
2022.
---------------------------------------------------------------------------

Unquantified Costs
    ICE also identified additional unquantified costs that could result 
from this IFR.
    Technology--In accounting for the costs of electronic bond-related 
notifications, ICE considered whether

[[Page 53367]]

bond obligors would face technology costs to utilize these services, 
namely the cost to access the internet. There are a variety of means by 
which obligors can access the internet to receive electronic bond-
related notifications, including the use of smart phones or personal 
computers. That said, due to the high prevalence and wide-ranging 
public and private access the internet, including access to free WiFi 
in public and private locations, access to computers and internet at 
public libraries, as well as likely connections to family and friends 
who have ready access to the internet, ICE expects bond obligors who 
opt for electronic service will be able to gain access with de minimis 
cost. Furthermore, obligors can still opt out of electronic service and 
follow the same practice as in the baseline case. It is unclear how 
many obligors will choose to use the in-person option, but since the 
rule provides greater flexibility by permitting electronic service 
while retaining the existing method for paying bonds, ICE does not 
expect the rule to induce substantive access costs.
    Validity Check--In creating the online account for obligors, ICE 
will perform a validity check as part of the sign-up process for 
receiving electronic bond-related notices, as users cannot complete 
their account creation if their email is not first validated. The time 
burden to perform this check will be based on how long it takes for ICE 
to submit a verification email to the provided email address and 
confirm the accuracy of that address. However, because this process 
will likely be automated via computer software that is already 
available to ICE (see CeBONDS system development costs), ICE does not 
expect this process to produce a substantive cost.
Total Estimated Costs
    Table 5 summarizes the quantified impact of this IFR. The total 
monetized costs of the rule do not include the development and annual 
maintenance costs required to operate the CeBONDS system given that 
they are not tied to this this IFR, as discussed above. The 10-year 
costs of the IFR are approximately $3.83 million and $3.37 million (in 
2021 dollars) at 3 and 7 percent discount rates, respectively, and 
include the opportunity costs of familiarization and setting up an 
online account.

                                    Table 5--Total Estimated Quantified Costs
----------------------------------------------------------------------------------------------------------------
                                                                                   Annual costs    Annual costs
                              Year                                 Undiscounted    discounted at   discounted at
                                                                       costs            3%              7%
----------------------------------------------------------------------------------------------------------------
1...............................................................      $1,889,347      $1,834,317      $1,765,745
2...............................................................         263,884         248,736         230,487
3...............................................................         263,884         241,491         215,408
4...............................................................         263,884         234,458         201,316
5...............................................................         263,884         227,629         188,146
6...............................................................         263,884         220,999         175,837
7...............................................................         263,884         214,562         164,334
8...............................................................         263,884         208,312         153,583
9...............................................................         263,884         202,245         143,536
10..............................................................         263,884         196,354         134,145
                                                                 -----------------------------------------------
    Total.......................................................       4,264,303       3,829,103       3,372,537
                                                                 -----------------------------------------------
        Annualized..............................................  ..............         448,888         480,173
----------------------------------------------------------------------------------------------------------------

Cost Savings of the Interim Final Rule
    This alternative method of ICE's process for issuing electronic 
bond-related notifications is expected to reduce labor costs for the 
government by reducing the time needed to process these notices, and it 
will eventually significantly reduce, if not eliminate, the costs of 
material items such as postage and paper that would otherwise be 
incurred for notices that are physically mailed. As mentioned above, 
ICE calculates quantitative benefits based on the assumption that new 
obligors are incentivized toward adoption into the eBONDS and CeBONDS 
systems within the first year of publishing this IFR.
Cost Savings to Electronically Served Bond-Related Notifications
    Mailing Cost Savings--ICE estimated the cost-savings to government 
that would be obtained from a 100 percent transition to electronic 
service of immigration bond-related notifications to be $573,470 per 
year (in 2021 dollars). To arrive at the full cost savings estimate, 
ICE calculated the average cost of sending physical notices by 
certified or first-class mail. Specifically, ICE calculated the time 
required for an ICE official to collect, process, and place in the mail 
each physical notice, which was 5 minutes. ICE divided the 5 minutes by 
60 minutes per hour, and multiplied by $52.87, which is the fully 
loaded average hourly wage based on a General Schedule Grade 11, Step 
10 salary, with a ``Rest of U.S.'' locality payment of 15.95 
percent.\44\ ICE based the fully loaded wage rate on the wage rate of 
$40.27 per hour, adjusted upward by 31.3 percent to account for 
compensation for benefits (in addition to wages).\45\ This calculation 
resulted in an estimated labor cost of $4.41 per mailing. ICE then 
added this labor cost to the cost of materials (for the envelope, 
paper, etc.) \46\ and the postage per notice (which varies depending on 
the type of notice) to determine the various costs per notice. ICE then 
multiplied this total by the number of pieces that are mailed per 
notice (which also varies depending on the type of notice), and by the 
average total number of notices issued for each type. Table 6 displays 
how the total cost of $573,470 was derived.
---------------------------------------------------------------------------

    \44\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/21Tables/html/RUS_h.aspx.
    \45\ https://www.bls.gov/news.release/archives/ecec_03182021.pdf 
(released Mar 18, 2021).
    \46\ Source: Cost per notice estimates provided by ERO Bond 
Management Unit and include, when applicable, costs for certified 
mail, postage, paper, envelopes, and materials (such as toner/ink). 
July 26, 2021.

[[Page 53368]]



                            Table 6--Government Cost Savings of Bond-Related Notices
----------------------------------------------------------------------------------------------------------------
                                                                      Average
                                                                     number of       Cost per
                           Notice type                            notices mailed     notice *       Total cost
                                                                    (2018-2020)
----------------------------------------------------------------------------------------------------------------
I-391 Cash Bond Cancellations...................................          15,317           $5.08         $77,810
I-340 Cash Bond Obligor to Deliver Alien........................          12,020            9.99         120,080
I-323 Cash Bond Breaches........................................           7,128            9.99          71,209
I-340 Surety Bond Obligor to Deliver Alien......................           6,080           39.95         242,896
I-391 Surety Bond Cancellations.................................           2,841           10.16          28,865
I-323 Surety Bond Breaches......................................           1,412           19.98          28,212
Surety Bond Motion to Reopen or Reconsider......................             306           10.16           3,109
Cash Bond Motion to Reopen or Reconsider........................             254            5.08           1,290
                                                                 -----------------------------------------------
    Totals......................................................          45,358          110.39         573,470
----------------------------------------------------------------------------------------------------------------
* Labor cost included per notice is $4.41.

Total Estimated Quantified Savings
    Table 7 summarizes the quantified cost savings of this interim 
final rule. The total monetized savings of the rule includes the 
average cost savings for ICE of replacing physically mailed notices (by 
certified, registered, or regular mail) with electronic bond-related 
notifications. In order to capture these cost savings over the time 
horizon of the analysis, ICE assumed a constant average rate of notices 
over a ten-year period. Thus, this estimate does not account for any 
change in the total number of notices that may occur in the future, or 
circumstances under which ICE needs to send paper notices by mail if 
emails fail, or the possibility of less than full adoption by the 
public. The 10-year cost-savings of the interim final rule in 2021 
dollars are $4.9 million and $4.0 million at 3 and 7 percent discount 
rates, respectively.

                                Table 7--Total Estimated Quantified Cost Savings
----------------------------------------------------------------------------------------------------------------
                                                                                   Annual cost-    Annual cost-
                                                                   Undiscounted       savings         savings
                              Year                                 cost-savings    discounted at   discounted at
                                                                                        3%              7%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $573,470        $556,767        $535,953
2...............................................................         573,470         540,550         500,891
3...............................................................         573,470         524,806         468,122
4...............................................................         573,470         509,521         437,498
5...............................................................         573,470         494,680         408,876
6...............................................................         573,470         480,272         382,127
7...............................................................         573,470         466,284         357,128
8...............................................................         573,470         452,703         333,765
9...............................................................         573,470         439,517         311,930
10..............................................................         573,470         426,716         291,523
                                                                 -----------------------------------------------
    Total.......................................................       5,734,700       4,891,815       4,027,813
                                                                 -----------------------------------------------
        Annualized..............................................  ..............         573,470         573,470
----------------------------------------------------------------------------------------------------------------

Unquantified Benefits of the Interim Final Rule
    This alternative method of ICE's process for issuing electronic 
bond-related notifications is expected to increase efficiency, 
accessibility, expedited delivery, and reliability of bond notices to 
the obligor. These benefits are described in more detail below.
    Program Delivery--By serving bond-related notifications 
electronically and making bond obligors responsible for ensuring that 
electronic bond-related notifications can be received, ICE expects it 
will significantly reduce the number of bond-related notifications that 
are not received by the obligor. A random sample of 100 delivery cash 
bonds that were declared as being breached during calendar years 2017-
2019 indicates that approximately 28 percent of demand notices sent by 
certified mail to the obligor's address of record were returned as 
undeliverable or unclaimed.\47\ Electronic bond-related notifications 
will significantly reduce the occurrence of notices being lost in the 
mail during delivery, while still providing notifications in the event 
that obligors move from their physical address or are away from that 
address for an extended period of time. Additionally, in creating the 
online account for obligors, ICE will perform a validity check as part 
of the sign-up process for receiving electronic bond-related notices, 
as users cannot create an online account if their email is not 
validated. This use of a verified email address will ensure that the 
notices have a high probability of being successfully delivered 
electronically to an email address that the obligor uses, ensuring that 
the notification reaches its proper recipient.
---------------------------------------------------------------------------

    \47\ Data obtained internally by DHS/ICE Bond Management 
Information System (BMIS), Financial Service Center-Burlington. 
Accessed on Mar. 8, 2021.
---------------------------------------------------------------------------

    ICE also intends to expedite delivery of notifications. For 
example, when an obligor chooses to post a bond online and receive 
bond-related notifications electronically, the system is designed to 
notify the obligor immediately by email when a notification has been 
issued. ICE, in turn, would also be able to confirm immediately the 
date that the cash bond obligor opens and

[[Page 53369]]

acknowledges receipt of the electronic notification. In this way, 
recipients can receive notifications without being present at their 
physical mailing address as long as they have access to the internet.
    Paperless Records--The changes due to this IFR are consistent with 
the types of changes now being made across the Federal Government 
regarding the mechanisms through which Federal offices deliver 
documents to the public. In accordance with the Government Paperwork 
Elimination Act,\48\ electronic notifications have significantly 
reduced the use of paper and physical storage space.
---------------------------------------------------------------------------

    \48\ See Public Law 105-277, tit. XVII, section 1703, 112 Stat. 
2681, 2681-749 (Oct. 21, 1998), 44 U.S.C. 3504.
---------------------------------------------------------------------------

Alternative Analysis
    Before proposing service of electronic bond-related notifications, 
ICE evaluated one alternative option that would affect the entities 
subject to the rule requirements, namely the no action alternative. The 
details of this option are described below, and Table 8 presents the 
unquantified costs and benefits for this alternative.

                    Table 8--Summary of Alternatives
------------------------------------------------------------------------
           Action                   Benefits                Costs
------------------------------------------------------------------------
 Take No Action.....   No            Cost to
                               familiarization,      process
                               technology, or        nonelectronic mail.
                               opportunity cost to  
                               public.               Nonalignment with
                                                     the Government
                                                     Paperwork
                                                     Elimination Act.
                                                     No
                                                     improvement in
                                                     program delivery.
                                                     Costs to
                                                     maintain physical
                                                     records.
------------------------------------------------------------------------

Alternative: Take No Action
    ICE considered a ``no action'' alternative under which ICE would 
continue to serve bond-related notifications to obligors for 
immigration bonds using personal or routine service, at a cost to both 
the Federal Government and the recipients.
    The opportunity costs associated with electing a ``no action'' 
alternative would be equivalent to the current average cost to ICE of 
sending physical notices by certified or first-class mail, which ICE 
estimated to be $573,470 per year. ICE would still be required to 
process and mail notifications by hand, and bond obligors would 
continue to receive physical notifications. This alternative also means 
that ICE would not be acting in alignment with government-wide efforts 
to transition agencies' business processes and recordkeeping to a fully 
electronic environment as encouraged by statutes like the Government 
Paperwork Elimination Act,\49\ and more recently, the joint memorandum 
issued by OMB and the National Archives and Records Administration \50\ 
requiring the government to store records electronically. Additionally, 
this alternative of ``no action'' would also not result in any cost 
savings with regard to system development or deployment, because the 
eBONDS systems was already built and deployed independent of this IFR 
and the CeBONDS system is already being built and deployed independent 
of this IFR.
---------------------------------------------------------------------------

    \49\ Public Law 105-277, tit. XVII, section 1703, 112 Stat. 
2681, 2681-749 (Oct. 21, 1998), 44 U.S.C. 3504.
    \50\ Transition to Electronic Records (OMB/NARA M-19-21), 
available at https://www.archives.gov/files/records-mgmt/policy/m-19-21-transition-to-federal-records.pdf.
---------------------------------------------------------------------------

    The cost savings and benefits associated with this action involve 
the development, familiarization, technology, and opportunity costs 
associated with implementing this IFR. Absent the requirement to use 
the CeBONDS system, bond obligors would not face the potential costs 
associated with learning about the IFR, acquiring the necessary 
technological means to access the internet, or the expended time in 
creating an eBONDS or CeBONDS account.
    Additionally, any preference by obligors either to maintain 
physical records or to receive nonelectronic mail notices has already 
been considered in the development of IFR. As part of the process of 
deciding to post a bond electronically with ICE, the obligor will be 
informed that bond notifications will be served electronically, and the 
obligor must agree to receive them electronically. If the obligor does 
not wish to post a bond electronically or receive bond notifications 
electronically, the obligor may post the bond in-person at an ICE 
office and receive notifications via another form of authorized paper-
based service.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act at 5 U.S.C. 603 requires agencies to 
consider the economic impact its rules will have on small entities. The 
term ``small entities'' comprises small business, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. However, a regulatory flexibility 
analysis is not required when a rule is exempt from notice and comment 
rulemaking. This IFR is exempt from the notice and comment rulemaking, 
as stated in the APA, 5 U.S.C. 551 et seq., section of the preamble. 
Therefore, a regulatory flexibility analysis is not required for this 
rule.

D. Small Business Regulatory Enforcement Fairness Act of 1996

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, DHS wants to assist small 
entities in understanding this rule so that they can better evaluate 
the effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction, and you have questions concerning the provisions or 
options for compliance; please consult ICE using the contact 
information provided in the FOR FURTHER INFORMATION section above.

E. Congressional Review Act

    This rule is not a major rule as defined by 5 U.S.C. 804, also 
known as the ``Congressional Review Act,'' as enacted in section 251 of 
the Small Business Regulatory Enforcement Fairness Act of 1996, Public 
Law 104-121, 110 Stat. 847, 868 et seq. This rulemaking would not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based companies to compete with foreign based companies 
in domestic and export markets. A report about the issuance of this IFR 
has been submitted to Congress and the

[[Page 53370]]

Comptroller General of the United States prior to its effective date.

F. Unfunded Mandates Reforms Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Unfunded Mandates Reform Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100,000,000 (adjusted for inflation) or more in any year. Though this 
rule would not result in such an expenditure, DHS does discuss the 
effects of this rule elsewhere in this preamble.

G. Paperwork Reduction Act--Collection of Information

    All Departments are required to submit to OMB for review and 
approval any reporting or recordkeeping requirements inherent in a rule 
under the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, 109 
Stat. 163 (codified at 44 U.S.C. 3501 et seq.). Under the PRA, an 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the agency obtains 
approval from OMB for the collection and the collection displays a 
valid OMB control number. See 44 U.S.C. 3506, 3507.
    With respect to immigration bonds, regardless of using either 
eBONDS today or CeBONDS in the future when fully implemented, there 
would be no changes to the reporting burden for the existing collection 
of information associated with Form I-352, Immigration Bond (OMB 
control number 1653-0022), or Form I-333, Obligor Change of Address 
(OMB control number 1653-0042). There are no substantive changes to 
those forms because of this rulemaking. The only changes being made are 
revisions that will need to be included in the electronic system 
currently being built to accommodate electronic bond related 
notifications. Once CeBONDS is fully developed and this rule is 
effective, if DHS identifies any impacts that would modify or create a 
new collection, DHS will submit a revision to OMB at that time.

H. Executive Order 13132: Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. DHS has analyzed this rule under 
Executive Order 13132 and determined that it does not have implications 
for federalism.

I. Executive Order 12988: Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to eliminate drafting 
errors and ambiguity, minimize litigation, provide a clear legal 
standard for affected conduct, and promote simplification and burden 
reduction.

J. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    DHS analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. DHS has determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

K. National Environmental Policy Act (NEPA)

    The U.S. Department of Homeland Security Management Directive (MD) 
023-01, Rev. 01 establish procedures that DHS and its Components use to 
comply with the National Environmental Policy Act of 1969 (NEPA), 42 
U.S.C. 4321-4375, and the Council on Environmental Quality (CEQ) 
regulations for implementing NEPA, 40 CFR parts 1500 through 1508.
    CEQ regulations allow Federal agencies to establish categories of 
actions, which do not individually or cumulatively have a significant 
effect on the human environment and, therefore, do not require an 
Environmental Assessment or Environmental Impact Statement. 40 CFR 
1508.4. The DHS Categorical Exclusions are listed in IM 023-01-001-01 
Rev. 01, Appendix A, Table 1.
    For an action to be categorically excluded, MD 023-01 requires the 
action to satisfy each of the following three conditions:
    (1) The entire action clearly fits within one or more of the 
Categorical Exclusions;
    (2) The action is not a piece of a larger action; and
    (3) No extraordinary circumstances exist that create the potential 
for a significant environmental effect. IM 023-01-001-01 Rev. 01, sec. 
V(B)(2)(a)-(c). If the action does not clearly meet all three 
conditions, DHS or the Component prepares an Environmental Assessment 
or Environmental Impact Statement, according to CEQ requirements, MD 
023-01, and IM 023-01-001-01 Rev. 01.
    ICE has analyzed this rule under MD 023-01 Rev. 01 and IM 023-01-
001-01 Rev.01. ICE has made the determination that this rulemaking 
action is one of a category of actions, which does not individually or 
cumulatively have a significant effect on the human environment. This 
IFR clearly fits within the Categorical Exclusion found in IM 023-01-
001-01 Rev. 01, Appendix A, Table 1, number A3(d): ``Promulgation of 
rules . . . that interpret or amend an existing regulation without 
changing its environmental effect.'' This rule is not part of a larger 
action. This rule presents no extraordinary circumstances creating the 
potential for significant environmental effects. Therefore, this rule 
is categorically excluded from further NEPA review.
    ICE seeks any comments or information that may lead to the 
discovery of any significant environmental effects from this IFR.

L. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

M. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

N. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 requires agencies to consider the impacts of 
environmental health risk or safety risk that may disproportionately 
affect children. DHS has reviewed this rule and determined that this 
rule is not an economically significant rule and would not create an 
environmental risk to

[[Page 53371]]

health or risk to safety that might disproportionately affect children. 
Therefore, DHS has not prepared a statement under this executive order.

O. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impracticable. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, DHS did not consider the use of voluntary consensus 
standards.

P. Family Assessment

    DHS has determined that this rule action will not affect family 
well-being within the meaning of section 654 of the Treasury and 
General Government Appropriations Act, enacted as part of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act of 1999 
(Pub. L. 105-277, 112 Stat. 2681).

List of Subjects in 8 CFR Part 103

    Administrative practice and procedures, Authority delegations 
(government agencies), Freedom of information, Privacy, Reporting and 
recordkeeping requirements, Surety bonds.

Regulatory Amendments

    Accordingly, DHS amends chapter I of title 8 of the Code of Federal 
Regulations as follows:

PART 103--IMMIGRATION BENEFIT REQUESTS; USCIS FILING REQUIREMENTS; 
BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS

0
1. The authority citation for part 103 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 
1356, 1365b; 31 U.S.C. 9701; Pub. L. 107-296, 116 Stat. 2135 (6 
U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 
Comp., p. 166; 8 CFR part 2; Pub. L. 112-54; 125 Stat. 550; 31 CFR 
part 223.

0
2. Section 103.6 is amended by adding paragraphs (g) and (h) to read as 
follows:


Sec.  103.6  Immigration bonds.

* * * * *
    (g) Delivery bond notifications to surrender aliens. 
Notwithstanding the requirements of Sec.  103.8 for the service of 
other notices, ICE may serve demand notices electronically or by any 
mail service that allows delivery confirmation to bond obligors, who 
consent to electronic delivery of service, to cause an alien who has 
been released from DHS custody on an immigration delivery bond to 
appear at an ICE office or an immigration court. An electronic record 
from the ICE bonds system showing that the obligor opened the demand 
notice will constitute valid proof of receipt service of the notice. If 
ICE cannot confirm receipt of the electronic notice, ICE will reissue a 
new another demand notice to the bond obligor's last known address 
using any mail service that allows delivery confirmation.
    (h) Bond breach, bond cancellation, and other bond notifications. 
Notwithstanding the service requirements for demand notices in 
paragraph (g) of this section, ICE may serve any other bond-related 
notifications electronically or by first-class mail to obligors, who 
consent to electronic delivery of service, that pertain to delivery, 
order of supervision, or voluntary departure immigration bonds, such as 
bond breach or cancellation notifications. An electronic record from 
the ICE bonds system showing that the obligor opened the bond-related 
notification will constitute valid proof of receipt service of the 
notice. If ICE cannot confirm receipt of the electronic notice, ICE 
will reissue another notice to the obligor's last known address using 
regular mail.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-16656 Filed 8-7-23; 8:45 am]
BILLING CODE 9111-28-P