Notice2022-03228
Agency Information Collection Activities; Revision of a Currently Approved Collection: Designation of Attorney in Fact/Revocation of Designation of Attorney in Fact
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2022
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
Abstract
In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance.
Full Text
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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8597-8598]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03228]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[OMB Control Number 1653-0041]
Agency Information Collection Activities; Revision of a Currently
Approved Collection: Designation of Attorney in Fact/Revocation of
Designation of Attorney in Fact
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: 60-Day notice.
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SUMMARY: In accordance with the Paperwork Reduction Act (PRA) of 1995,
the Department of Homeland Security (DHS), U.S. Immigration and Customs
Enforcement (ICE) will submit the following Information Collection
Request (ICR) to the Office of Management and Budget (OMB) for review
and clearance.
DATES: Comments are encouraged and will be accepted until April 18,
2022.
ADDRESSES: All submissions received must include the OMB Control Number
1653-0041 in the body of the correspondence, the agency name and Docket
ID ICEB-2009-0001. All comments received will be posted without change
to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information
provided.
(1) Online. Submit comments via the Federal eRulemaking Portal
website at <a href="http://www.regulations.gov">http://www.regulations.gov</a> under e-Docket ID number ICEB-
2009-0001.
FOR FURTHER INFORMATION CONTACT: If you have questions related to this
collection, call, or email John Monette, Revenue Management Branch,
(802) 288-7697, <a href="/cdn-cgi/l/email-protection#6d07020503431d43000203081919082d040e084309051e430a021b"><span class="__cf_email__" data-cfemail="b5dfdadddb9bc59bd8dadbd0c1c1d0f5dcd6d09bd1ddc69bd2dac3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comment
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information should
address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the
[[Page 8598]]
functions of the agency, including whether the information will have
practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Designation of Attorney in Fact/
Revocation of Attorney in Fact.
(3) Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: I-312/I-
312A; U.S. Immigration and Customs Enforcement.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: State, Local, or Tribal Government.
Section 103.6, the Immigration and Nationality Act (INA), provides for
the posting of surety or cash bonds. All bonds posted in immigration
cases shall be executed on Form I-352, Immigration Bond, and secured
with some form of collateral by an Obligor. In the case of a cash bond,
the Obligor will deposit with U.S. Immigration and Customs Enforcement
(ICE) the face value of the bond. The Obligor can designate a third
party as an Attorney in Fact to accept on their behalf the return of
the collateral security deposited to secure the surety bond upon
cancellation of the bond or performance of the Obligor. The Form I-
312, Designation of Attorney in Fact, is the instrument used by the
Obligor to officially designate their Attorney in Fact. Upon receipt of
a properly executed Form I-312, ICE Financial Operations will remit to
the Attorney in Fact the principal and interest on the security deposit
in the event of a bond cancellation, or the interest on the security
deposit in the event of a bond breach. Immigration bonds might remain
in place for years, and Obligors might choose to appoint a new Attorney
in Fact as circumstances change. To ensure that ICE Financial
Operations properly executes its fiduciary duties to the Obligor under
the Form I-352 bond contract, and exercises due diligence in ensuring
that remittances are made to the proper person, ICE uses Form I-312A as
the document by which the Obligor could expressly indicate that a
previously valid Form I-312 Attorney in Fact designation had been
revoked. The requested revisions are specific to the instructions
concerning obligor requirements and the attorney's authority to perform
acts necessary to receive proceeds of the bond. There are revisions to
the I-312 instructions. The revisions relate to the obligor
requirements and to the attorney's authority to perform acts necessary
to received bond proceeds.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: 193 responses
at 1 hour (60 minutes) per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: 193 annual burden hours.
(7) An estimate of the total public burden (in cost) associated
with the collections: $6,370.
Dated: February 10, 2022.
Scott Elmore,
PRA Clearance Officer.
[FR Doc. 2022-03228 Filed 2-14-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on February 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.