60-day FRN

2019-18431.pdf

Immigration Bond

60-day FRN

OMB: 1653-0022

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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices
of the TRIPwire content and system
features.
TRIPwire registration is user-driven
and is completed electronically via the
secure TRIPwire interface. Users are
required to have a computer and access
to the internet. The registration process
requires users to provide their full
name, assignment, citizenship, job title,
employer name, professional address
and contact information, as well as an
Employment Verification Contact and
their contact information. Notifications
regarding the user registration are
handled via electronic submission
responses and/or email. In addition to
electronic registration, TRIPwire uses
automated notifications to registered
users when/if their account or password
is set to expire as well as annual reverification of users’ need for access to
TRIPwire.
The TRIPwire Questionnaire is also
collected electronically via a Survey
Monkey link that is emailed to
respondents. The Survey Monkey
settings selected ensure that
submissions are anonymous, and that an
IP address is not collected.
The changes to the collection since
the previous OMB approval include:
Updating the collection title, updating
the TRIPwire User registration page,
clarifying the revalidation burden, and
adding a TRIPwire Questionnaire.
Overall, these changes result in a
decrease in burden estimates and costs.
This is a revision and renewal of an
information collection.
OMB is particularly interested in
comments that:
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
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 submissions
of responses.
Title of Collection: Technical
Resource for Incident Prevention
(TRIPwire) User Registration and
Questionnaire.
OMB Control Number: 1670–0028.

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Frequency: Annually.
Affected Public: State, Local, Tribal,
and Territorial Governments and Private
Sector Individuals.
Number of Annualized Respondents:
4,333.
Estimated Time per Respondent: 0.17
hours, 0.017 hours, 0.083 hours.
Total Annualized Burden Hours: 422
hours.
Total Annualized Respondent
Opportunity Cost: $13,736.
Total Annualized Respondent Out-ofPocket Cost: $0.
Total Annualized Government Cost:
$7,447.
Larry L. Willis,
Business Management Branch Chief.
[FR Doc. 2019–18379 Filed 8–26–19; 8:45 am]
BILLING CODE 9110–9P–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[OMB Control Number 1653–0022]

Agency Information Collection
Activities; Revision of a Currently
Approved Collection: Immigration
Bond
U.S. Immigration and Customs
Enforcement, Department of Homeland
Security.
ACTION: 60-Day notice.
AGENCY:

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.
DATES: Comments are encouraged and
will be accepted until October 28, 2019.
ADDRESSES: All submissions received
must include the OMB Control Number
1653–0022 in the body of the letter, the
agency name and Docket ID ICEB–2019–
0008. All comments received will be
posted without change to http://
www.regulations.gov, including any
personal information provided. To
avoid duplicate submissions, please use
only one of the following methods to
submit comments:
(1) Online. Submit comments via the
Federal eRulemaking Portal website at
http://www.regulations.gov under eDocket ID number ICEB–2019–0008;
(2) Mail: Submit written comments to
DHS, ICE, Office of the Chief
Information Officer (OCIO), PRA
Clearance, Washington, DC 20536–5800.
SUMMARY:

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For
specific question related to collection
activities, please contact: Justin Gellert
(202–732–5462), justin.c.gellert@
ice.dhs.gov, ERO Bond Management
Unit, U.S. Immigration and Customs
Enforcement.

FOR FURTHER INFORMATION CONTACT:

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:
Immigration Bond.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: ICE Form I–
352; U.S. Immigration and Customs
Enforcement
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individual or
Households; Business or other for-profit.
The data collected on this collection
instrument is used by ICE to ensure that
the person or company posting the bond
is aware of the duties and
responsibilities associated with the
bond. The collection instrument serves
the purpose of instruction in the
completion of the form, together with an
explanation of the terms and conditions
of the bond. Sureties have the capability
of accessing, completing and submitting
delivery, voluntary departure, and order

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of supervision bonds electronically
through ICE’s eBonds system which
encompasses the I–352, while
individuals are still required to
complete the bond form manually and
sureties will be required to submit
maintenance of status and departure
bonds manually.
(5) An estimate of the total number of
responses and the amount of time
estimated for an average respondent to
respond: ICE estimates a total of 61,722
responses at 30 minutes (.50 hours) per
response. ICE calculated the number of
estimated responses by adding together
the number of bonds that were posted
using Form I–352 in Fiscal Year 2018
(58,734) with the maximum number of
maintenance of status and departure
bonds that the Department of State
expects may be required for nonimmigrants in the next fiscal year
(2,988). The burden estimate includes
the time required to review instructions,
gather and maintain data needed, to
complete, and to file the collection of
information.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 30,861 annual burden hours,
estimated by multiplying the total
number of responses, 61,722, by the
average response burden of .50 hours.
This estimate is composed of 8,689
responses from surety companies, and
53,033 aliens posting cash bonds
resulting in a total of 61,722 responses.
(7) Total public cost of responding is
$743,670. This total cost is composed of
the burden to surety companies
estimated using the average wage for
insurance sales agents and the burden to
aliens using the average wage of
unskilled workers and production
works plus fringe benefits estimated to
be $47.58 per hour and $20.25 per hour
respectively.1
(8) The total Government costs is
$10,422,995, which includes printing
1 The hourly wage rate for an insurance sales
agent is $32.64 as reported by the Bureau of Labor
Statistics (BLS) in the May 2018 National
Occupational Employment and Wage Estimates
United States, https://www.bls.gov/oes/current/oes_
nat.htm#41-3021. The hourly wage rate for
unskilled labor is represented by the national
average of state minimum wage rates, $8.94. See
Consolidated Minimum Wage Table, June 1, 2019,
https://www.dol.gov/whd/minwage/mwconsolidated.htm. The hourly wage rate for
manufacturing labor is represented by the average
hourly wage for production occupations, $18.84.
See All Production Occupations, May 2018
National Occupational Employment and Wage
Estimates United States, https://www.bls.gov/oes/
current/oes_nat.htm#51-0000. Employer costs per
hour worked for employee compensation and costs
as a percent of total compensation: Civilian
workers, by major occupational and industry group,
All workers, https://www.bls.gov/news.release/
ecec.t01.htm. Wages and salaries are 68.6 percent of
total compensation.

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costs and the collection and processing
burden for each form. The total printing
costs equates to $46,292 which is
estimated by multiplying the number of
responses (61,722) by the cost of
printing two forms per response for
$0.75. The collection and processing of
each form takes an average of 6 hours,
and will be conducted by a government
employee with an average hourly wage
plus overhead estimated to be $28.02.2
The total cost of collecting and
processing for the government is
$10,376,703.
Overview of Proposed Revisions to the
Bond Form and to Bond Procedures.
Form No. I–352, Immigration Bond, has
not been substantively revised since
2008. Changes to the form are now
necessary because U.S. Citizenship and
Immigration Services (USCIS) intends to
issue a different form for public charge
bonds and Form I–352 will no longer be
used for that type of bond. Additionally,
ICE is adding language to explain the
terms and conditions of maintenance of
status and departure bonds.
Maintenance of status and departure
bonds were previously accepted by the
former Immigration and Naturalization
Service (INS) on earlier versions of the
Form I–352, and ICE may accept this
type of bond when required for nonimmigrants visiting the United States.
The proposed revisions to the bond
form also seek to clarify when a bond
obligor’s liability attaches and the
events that trigger cancellation of a
bond, and to notify the public that ICE
will no longer issue receipts on Form I–
305 for bonds secured by a cash deposit.
Cash Bond Deposit: ICE has revised
the Instructions to state that it will
accept a certified check, a cashier’s
check, or a money order (a ‘‘cash
equivalent’’) as a deposit from a cash
bond obligor.
eBONDS Power of Attorney: Based on
the development of the eBONDS system,
ICE has revised the Instructions to state
that surety bonds issued using the
eBONDS system may be accompanied
by a power of attorney executed by a
surety company for use in the eBONDS
system.
General Terms and Conditions:
Because certain jurisdictions do not
honor ICE detainers, the General Terms
and Conditions governing the bond have
been revised to reflect that a bond will
2 The hourly rate is an average of a General
Schedule Grade 7 Step 5, and a Grade 9 Step 1, plus
the average national locality adjustment of 21.48
percent. https://www.opm.gov/policy-dataoversight/pay-leave/salaries-wages/salary-tables/
pdf/2019/saltbl.pdf. An overhead rate of 12 percent
was added to reflect the indirect expenses as
reported in OMB Circular A76, https://
www.whitehouse.gov/sites/whitehouse.gov/files/
omb/circulars/A76/a76_incl_tech_correction.pdf.

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not be cancelled simply because ICE is
on notice of the detention of the bonded
alien for 30 or more days pursuant, or
prior, to a conviction by local, state, or
federal authorizes. The revised General
Terms and Conditions clarify that a
delivery bond may not be breached
when the bonded alien is in local, state,
or federal custody on the date the
obligor is scheduled to produce the
alien. The bond will remain in effect in
this situation unless ICE later takes the
bonded alien into its custody directly
from local, state, or federal authorities,
in which case the bond will be
cancelled.
Address to Use for Notice Purposes:
Part A of Form I–352 has been revised
to delete the boxes indicating the
address to use for notice purposes.
Liability Attaches Upon Execution of
the Bond: Part C of Form I–352 has been
revised to reflect that the surety’s
liability attaches upon execution of the
bond form. References to the alien
becoming a public charge have been
omitted and the revisions clarify that
the face amount of the bond is forfeited
or becomes due when the breach
determination is administratively final.
Form I–352 No Longer Used for Public
Charge Bonds: Previous Paragraph G(2)
has been omitted from Form I–352 in
anticipation of USCIS using a different
form for issuance of public charge
bonds.
Maintenance of Status and Departure
Bonds: Paragraph G(4) has been added
to explain the terms and conditions for
Maintenance of Status and Departure
Bonds. The former INS accepted
maintenance of status and departure
bonds using prior versions of Form I–
352 when a bond was required for a
non-immigrant traveling to the United
States.
Deletion of Paragraphs H–J: Because
U.S. bonds, notes and cash are no longer
accepted as deposits to secure cash
bonds, ICE has eliminated Paragraphs
H–J of Form I–352 and any references to
those paragraphs because they are no
longer necessary.
Forms I–305 and I–395 No Longer
Used in Conjunction with Cash Bonds:
Before the advent of electronic
signatures, ICE issued a receipt on Form
I–305 to the cash bond obligor
documenting the amount of the bond
deposit. ICE required the obligor to
submit the original of Form I–305 with
the bond cancellation notice before
obtaining a refund of the cash bond
deposit. If the obligor lost the receipt,
the obligor could submit an affidavit on
Form I–395 in lieu of the receipt to
claim the cash bond deposit. ICE has
now determined that issuance of Form
I–305 is unnecessary and is unduly

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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices
burdensome. For bonds posted on the
newly revised bond form, ICE will no
longer require cash bond obligors to
submit Form I–305 or Form I–395 after
a bond has been cancelled and will
issue refunds of bond deposits to the
individual or entity identified in ICE
records as the individual or entity
entitled to receive the refund without
requiring Form I–305 or Form I–395 to
be submitted.
Dated: August 22, 2019.
Scott Elmore,
PRA Clearance Officer.
[FR Doc. 2019–18431 Filed 8–26–19; 8:45 am]
BILLING CODE 9111–28–P

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1107]

Certain LED Lighting Devices and
Components Thereof; Issuance of a
General Exclusion Order; Termination
of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has issued a general
exclusion order (‘‘GEO’’) denying entry
of certain LED lighting devices and
components thereof. The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT:
Benjamin S. Richards, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5453. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on April 10, 2018, based on a complaint
filed on behalf of Fraen Corporation

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SUMMARY:

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(‘‘Fraen’’) of Reading, Massachusetts. 83
FR 15399–15400 (Apr. 10, 2018). The
complaint alleges violations of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain LED lighting devices and
components thereof by reason of
infringement of one or more claims of
U.S. Patent No. 9,411,083 (‘‘the ’083
patent’’) and U.S. Patent No. 9,772,499
(‘‘the ’499 patent’’). Id. The complaint
further alleges that a domestic industry
exists. Id. The Commission’s notice of
investigation named as respondents
Chauvet & Sons, LLC of Sunrise,
Florida; ADJ Products, LLC of Los
Angeles, California; Elation Lighting,
Inc. of Los Angeles, California; Golden
Sea Professional Equipment Co., Ltd. of
Guangdong, China; Artfox USA, Inc. of
City of Industry, California; Artfox
Electronics Co., Ltd. of Guangdong,
China; Guangzhou Chaiyi Light Co., Ltd.
d/b/a Fine Art Lighting Co., Ltd. of
Guangdong, China; Guangzhou Xuanyi
Lighting Co., Ltd. d/b/a XY E-Shine of
Guangdong, China; Guangzhou Flystar
Lighting Technology Co., Ltd. of
Guangdong, China; and Wuxi
Changsheng Special Lighting Apparatus
Factory d/b/a Roccer of Jiangsu, China.
Id. The Office of Unfair Import
Investigations (‘‘OUII’’) is also
participating in the investigation. Id.
On June 13, 2018, the ALJ issued an
initial determination terminating
Chauvet & Sons, LLC from the
investigation on the basis of a license
agreement. Order No. 14 at 1 (June 13,
2018), unreviewed, Notice (July 9, 2018).
On July 12, 2018, the ALJ issued an
initial determination terminating ADJ
Products, LLC and Elation Lighting, Inc.
from the investigation on the basis of a
license agreement. Order No. 17 at 1
(July 12, 2018), unreviewed, Notice
(Aug. 8, 2018). In the same initial
determination, the ALJ terminated
Golden Sea Professional Equipment Co.,
Ltd. from the investigation based on the
provisions of 19 CFR 210.21(a). Id.
On July 20, 2018, the ALJ issued an
initial determination terminating Artfox
USA, Inc. from the investigation on the
basis of a license agreement. Order No.
18 at (July 20, 2018), unreviewed, Notice
(Aug. 14, 2018). In the same initial
determination, the ALJ terminated
Artfox Electronics Co., Ltd. from the
investigation based on the provision of
19 CFR 210.21(a). Id.
On August 28, 2018, the ALJ issued
an initial determination (‘‘ID’’) finding
the remaining respondents—Fine Art, EShine, Flystar, and Roccer (collectively,
‘‘defaulting respondents’’)—in default

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for failure to respond to the complaint,
notice of investigation, and her order to
show cause why they should not be
found in default. Order No. 20 (Aug. 28,
2018), unreviewed, Notice (Sep. 17,
2018).
On September 14, 2018, Fraen moved
for summary determination of violation
of section 337 by the defaulting
respondents. In addition, Fraen
requested a recommended
determination for the Commission to
issue a general exclusion order and set
a bond at 100 percent. On September 26,
2018, OUII filed a response in support
of Fraen’s motion and requested
remedy.
On May 16, 2019, the ALJ issued the
subject ID granting Fraen’s motion for
summary determination of violation of
section 337 by the defaulting
respondents. Specifically, the ALJ
found, inter alia, that Fraen established
infringement of claim 1 of the ’083
patent and claim 1 of the ’499 patent;
that Fraen established that the
importation requirement of
337(a)(1)(B)(i) is satisfied as to each
defaulting respondent and each accused
product; and that Fraen satisfied both
the technical and economic prongs of
the domestic industry requirement. The
ALJ also included her recommendation
that the Commission issue a general
exclusion order and impose a 100
percent bond during the presidential
review period. No petitions for review
were filed.
On June 28, 2019, the Commission
issued a Notice stating that the
Commission determined to review the
ID in part and, on review, to take no
position on whether Fraen satisfied the
domestic industry requirement under
subparagraphs (A) and (C) of section
337(a)(3). 84 FR 32218. The
Commission’s determination resulted in
finding a violation of section 337. Id. at
32219. The Notice also requested
written submissions on remedy, the
public interest, and bonding. See id. at
32219–20.
On July 15, 2019, Fraen submitted a
brief on remedy, the public interest, and
bonding, requesting that the
Commission issue a GEO and set a bond
of 100 percent during the Presidential
review period. Fraen did not request a
cease and desist order. On the same day,
OUII also submitted a brief on remedy,
the public interest, and bonding,
supporting the ALJ’s recommendation to
issue a GEO and impose a bond of 100
percent. On July 22, 2019, both Fraen
and OUII submitted replies to the
other’s opening brief. No other
submissions were filed in response to
the Notice.

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