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70718

Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations TABLE 7COST AND SAVINGS FOR PUBLIC
FY18
FedEx express saver
FedEx envelope rates FedEx Local 0150 miles
FedEx Regional 151600 miles
FedEx National 601+ miles
Average Cost
Costs of 13 OCIJ Paper Filings 103,920:
Total Costs of 13 BIA Paper Filings 16,507:
Savings from eFilings 2,555:

USPS rates by zone 18

Priority mail 19

USPS Zone 1&2 0150 miles
USPS Zone 3 151300 miles
USPS Zone 4 301600 miles
USPS Zone 5 6011000 miles
USPS Zone 6 10011400 miles
USPS Zone 7 14011800
USPS Zone 8 1801+
Average Cost
Costs of 23 OCIJ Paper Filings 207,841:
Costs of 23 BIA Paper Filings 16,507:
Savings from eFilings 2,555:

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Documents will also be served by electronic notification where applicable, which will provide near-instantaneous service. This will particularly benefit the parties when EOIR electronically serves orders and decisions on parties participating in electronic filing, as the appeal clock begins to run when the order is sent. This will allow the parties to begin preparing for any potential appeals immediately without having to wait for the order or decision to arrive in the mail as is currently the practice.
These potential benefits are reflected in the private bars long-standing requests for electronic filing with EOIR.
See, e.g., EOIR, EOIR/AILA Liaison Meeting, Sept. 26, 2002, available at https www.justice.gov/eoir/eoir-ailasep26-2002 last updated Feb. 13, 2015
discussing e-filing initiative. In addition, since the July 2018 launch of the electronic filing pilot program, more than 15,000 attorneys have signed up for 18 This chart does not include the USPS rates for zone 9 as there are no immigration court locations in the Republic of Palau, Federated States of Micronesia, and the Republic of the Marshall Islands. See USPS Office of Inspector General, Audit Report Management of Postal Zones 4, Mar.
25, 2020, available at https www.uspsoig.gov/
sites/default/files/document-library-files/2020/
19RG009MS000-20.pdf last visited Aug. 26, 2021.
19 These rates correspond with the USPS priority mail rates for letters, large envelopes, and parcels that do not exceed one pound.
20 These rates correspond with the USPS priority mail express rates for letters, large envelopes, and parcels that do not exceed 0.5 pound.
21 These rates correspond with the USPS first class package service rates for retail parcels that do not exceed one ounce.

VerDate Sep<11>2014

15:56 Dec 10, 2021

Jkt 256001

$7.64
8.16
9.90
8.57
890,257.26
141,467.85
21,896.35

$6.95
7.28
7.42
7.65
7.83
8.21
8.90
7.75
1,610,765.17
255,863.67
19,801.25

ECAS, indicating a strong interest in electronic filing. Moreover, at the pilot sites, approximately half of all active attorneys and accredited representatives in those sites have signed up for the pilot despite having no obligation to participate.
2. Costs and Savings Related to Rules Regarding Law Student and Law Graduate Filings This rulemaking also proposes changes to law student and law graduate filing and accompaniment rules. First, EOIR believes that there will be minimal, if any, costs associated with requiring the supervisor to electronically file documents with EOIR, rather than the law student or law graduate filing on paper. And, if there are any associated costs, they will be outweighed by the substantial benefits of electronic filing, including immediate access to the eROP and the ability to file at any time of day from any location with internet access without the cost or reliance on mail carriers.
As to the proposed accompaniment change, EOIR does not maintain data on how many law students appear in immigration court or how many of those appear without a supervisor present, though it understands that in most cases, a supervisor does accompany the law student. Moreover, regardless of EOIRs rules, in many cases a supervisor is required to accompany the law student or graduate in order to comply with applicable state bar rules. See, e.g., Cal. R. Ct. 9.42d3 allowing certified
PO 00000

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FedEx 2day $17.83
19.34
22.92
20.03
2,081,524.28
330,641.89
51,176.65

Priority express 20
$24.43
24.66
25.50
28.47
30.37
32.27
34.45
28.59
5,942,164.66
943,889.32
73,047.45

FedEx standard overnight $23.53
25.80
34.57
27.97
2,906,651.72
457,253.13
71,463.35
First-class parcel 21
$3.52
3.57
3.62
3.66
3.71
3.76
3.89
3.68
764,853.65
121,493.70
9,402.40

California law students to appear on behalf of the client in any public trial, hearing, arbitration, or proceeding, or before any arbitrator, court, public agency, referee, magistrate, commissioner, or hearing officer, to the extent approved by such arbitrator, court, public agency, referee, magistrate, commissioner, or hearing officer, provided that, among other requirements, the certified law student performs the activity under the direct and immediate supervision and in the personal presence of the supervising attorney.
EOIR recognizes that in rare cases in which a law school clinic or similar program does not currently send a supervising attorney to every hearing at which a law student or law graduate appears, there may be some increased cost. EOIR expects those increased costs to be minimal, however, due to the rarity of cases in which law students and law graduates appear unsupervised, the availability of telephonic appearances, and the final rules modification to allow law students and law graduates to appear from locations separate from their supervisors with adjudicator permission.22 Further, EOIR
22 Due to the current outbreak of COVID19, many immigration judges have adopted standing orders allowing practitioners to appear by telephone without the need for filing a motion. See EOIR Policy Manual, Part II, Ch. 14.1, available at https www.justice.gov/eoir/eoir-policy-manual/ii/
14/1 last updated Jan. 13, 2021; EOIR, Operational Status Map, available at https www.justice.gov/
eoir-operational-status/operational-status-map providing standing orders for each immigration
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13DER1