Notice2022-08672
Agency Information 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
April 25, 2022
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
Abstract
In accordance with the Paperwork Reductions Act (PRA) of 1995 the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance. This information collection was previously published in the Federal Register on February 15, 2022, allowing for a 60-day comment period. ICE received no comments in connection with the 60-day notice. The purpose of this notice is to allow an additional 30 days for public comments.
Full Text
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<title>Federal Register, Volume 87 Issue 79 (Monday, April 25, 2022)</title>
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[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Page 24326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08672]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[OMB Control Number 1653-0041]
Agency Information Revision of a Currently Approved Collection:
Designation of Attorney in Fact/Revocation of Designation of Attorney
in Fact
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: 30-Day notice.
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SUMMARY: In accordance with the Paperwork Reductions Act (PRA) of 1995
the Department of Homeland Security (DHS), U.S. Immigration and Customs
Enforcement (ICE) will submit the following Information Collection
Request (ICR) to the Office of Management and Budget (OMB) for review
and clearance. This information collection was previously published in
the Federal Register on February 15, 2022, allowing for a 60-day
comment period. ICE received no comments in connection with the 60-day
notice. The purpose of this notice is to allow an additional 30 days
for public comments.
DATES: Comments are encouraged and will be accepted until May 25, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of the publication
of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: If you have questions related to this
collection, call, or email John Monette, Revenue Management Branch,
(802) 288-7697, <a href="/cdn-cgi/l/email-protection#2a40454244045a044745444f5e5e4f6a43494f044e4259044d455c"><span class="__cf_email__" data-cfemail="e18b8e898fcf91cf8c8e8f84959584a1888284cf858992cf868e97">[email protected]</span></a> (This is not a toll-free
number. Comments are not accepted via telephone message).
SUPPLEMENTARY INFORMATION:
Comments
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information should
address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Designation of Attorney in Fact/
Revocation of Attorney in Fact.
(3) Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: Form I-312/
I-312A; U.S. Immigration and Customs Enforcement.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: State, Local, or Tribal Government.
Section Sec. 103.6, the Immigration and Nationality Act (INA),
provides for the posting of surety or cash bonds. All bonds posted in
immigration cases shall be executed on Form I-352, Immigration Bond,
and secured with some form of collateral by an Obligor. In the case of
a cash bond, the Obligor will deposit with U.S. Immigration and Customs
Enforcement (ICE) the face value of the bond. The Obligor can designate
a third party as an Attorney in Fact to accept on their behalf the
return of the collateral security deposited to secure the surety bond
upon cancellation of the bond or performance of the Obligor. The Form
I- 312, Designation of Attorney in Fact, is the instrument used by the
Obligor to officially designate their Attorney in Fact. Upon receipt of
a properly executed Form I-312, ICE Financial Operations will remit to
the Attorney in Fact the principal and interest on the security deposit
in the event of a bond cancellation, or the interest on the security
deposit in the event of a bond breach. Immigration bonds might remain
in place for years, and Obligors might choose to appoint a new Attorney
in Fact as circumstances change. To ensure that ICE Financial
Operations properly executes its fiduciary duties to the Obligor under
the Form I-352 bond contract, and exercises due diligence in ensuring
that remittances are made to the proper person, ICE uses Form I- 312A
as the document by which the Obligor could expressly indicate that a
previously valid Form I-312 Attorney in Fact designation had been
revoked. The requested revisions are specific to the instructions
concerning obligor requirements and the attorney's authority to perform
acts necessary to receive proceeds of the bond. There are revisions to
the I-312 instructions. The revisions relate to the obligor
requirements and to the attorney's authority to perform acts necessary
to received bond proceeds.
(5) An estimate of the total number of respondents and the time to
respond: ICE estimates a total of 193 responses at 1 hour (60 minutes)
per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden is 193
hours.
(7) An estimate of the total public burden (in cost) associated
with the collections: $6,370.
Dated: April 19, 2022.
Scott Elmore,
ICE PRA Clearance Officer.
[FR Doc. 2022-08672 Filed 4-22-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on April 25, 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.