Agency Information Collection Activities: Designation of Attorney in Fact; Extension, Without Change, of Currently Approved Collection, 44642 [2018-18877]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.s. Immigration and Customs Enforcement

[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Page 44642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18877]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[OMB Control Number 1653-0041]


Agency Information Collection Activities: Designation of Attorney 
in Fact; Extension, Without Change, of Currently Approved Collection

AGENCY: U.S. Immigration and Customs Enforcement, Department of 
Homeland Security.

ACTION: 60-Day notice.

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SUMMARY: The Department of Homeland Security, U.S. Immigration and 
Customs Enforcement (USICE), will be submitting the following 
information collection request for review and clearance in accordance 
with the Paperwork Reduction Act of 1995. The information collection is 
published in the Federal Register to obtain comments from the public 
and affected agencies.

DATES: Comments are encouraged and will be accepted for sixty days 
until October 30, 2018.

ADDRESSES: Written comments and suggestions regarding items contained 
in this notice and especially regarding the estimated public burden and 
associated response time should be directed to the Office of the Chief 
Information Office, PRA Clearance, U.S. Immigration and Customs 
Enforcement by one of the following methods:
    (1) Email. Submit comments to [email protected];
    (2) Mail. Submit written comments to DHS, USICE, PRA Clearance 
Officer, 801 I Street NW, Washington, DC 20536-5800.

SUPPLEMENTARY INFORMATION: 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: Extension, without change, of 
an existing information 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 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.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: 12,500 
responses at 30 minutes (.50 hours) per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: 6,250 annual burden hours.

    Dated: August 27, 2018.
Scott Elmore,
Program Manager, PRA Clearance, Office of the Chief Information 
Officer, U.S. Immigration and Customs Enforcement, Department of 
Homeland Security.
[FR Doc. 2018-18877 Filed 8-30-18; 8:45 am]
 BILLING CODE 9111-28-P