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Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations believes that the benefits of ensuring that every case has a single licensed representative responsible for service of process and ultimate representation in the case outweighs the potential costs associated with the increased accompaniment requirements.23
E. Executive Order 13132 Federalism This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
F. Executive Order 12988 Civil Justice Reform This rule meets the applicable standards set forth in sections 3a and 3b2 of Executive Order 12988.
G. Paperwork Reduction Act This rulemaking does not propose new or revisions to existing collections of information as that term is defined in the Paperwork Reduction Act of 1995, Public Law 104
13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320.
List of Subjects 8 CFR Part 1001

khammond on DSKJM1Z7X2PROD with RULES

Administrative practice and procedure, Immigration.
court. Although EOIR cannot predict how long such standing orders will remain in effect, it reiterates that nothing in this proposed rule precludes a law school clinic from filing a motion for a telephonic appearance in order to reduce the need for in-person appearances.
23 Although most law school clinics and similar programs only take cases at immigration courts that are located in nearby geographic proximity, both to minimize operational and logistical difficulties and to avoid the complications of complying with practice rules for different state jurisdictions, EOIR
also recognizes that there may be unique situations in which a law school clinic takes a case that requires atypical travel arrangements. In that situation, coupled with the similarly unique situation of an unsupervised law student appearing alone on behalf of a respondent, EOIR
acknowledges there may be an increase in cost associated with this rule because it would require the supervisor to accompany the student to those courts, but the benefit of the rule outweighs any cost associated with this highly unlikely situation.
In addition, the final rule has been modified to allow law students and law graduates to appear from locations separate from their supervisor with the adjudicators permission, which would diminish the potential for the scenario described.
See 8 CFR 1292.1a2iv.

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8 CFR Part 1003
Administrative practice and procedure, Aliens, Immigration, Legal services, Organization and functions Government agencies.
8 CFR Part 1103
Administrative practice and procedure, Authority delegations Government agencies, Reporting and recordkeeping requirements.
8 CFR Part 1208
Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 1214
Administrative practice and procedure, Aliens.
8 CFR Part 1240
Administrative practice and procedure, Aliens.
8 CFR Part 1245
Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 1246
Administrative practice and procedure, Aliens, Immigration.
8 CFR Part 1292
Administrative practice and procedure, Immigration, Lawyers, Reporting and recordkeeping requirements.
Accordingly, for the reasons set forth in the preamble, the Department amends 8 CFR parts 1001, 1003, 1103, 1208, 1214, 1240, 1245, 1246, and 1292
as follows:
PART 1001DEFINITIONS
1. The authority citation for part 1001
continues to read as follows:

Authority: 5 U.S.C. 301; 8 U.S.C. 1101, 1103; Pub. L. 107296, 116 Stat. 2135; Title VII of Pub. L. 110229.

2. Amend 1001.1 by revising paragraph s and adding paragraphs cc, dd, and ee to read as follows:

1001.1

Definitions.

s The terms government counsel or DHS counsel, in the context of proceedings in which DHS has appeared, mean any officer assigned to represent DHS in any proceeding before an immigration judge or the Board of Immigration Appeals.

cc The term case eligible for electronic filing means any case that DHS seeks to bring before an
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immigration court after EOIR has formally established an electronic filing system for that court, or any case before an immigration court or the Board of Immigration Appeals that has an electronic record of proceeding. Any reference to a record of proceeding in this chapter shall include an electronic record of proceeding.
dd The term filing means the actual receipt of a document by the appropriate immigration court or the Board of Immigration Appeals. An electronic filing that is accepted by the Board or an immigration court will be deemed filed on the date it was submitted. A paper filing that is accepted by the Board or an immigration court will be deemed filed on the date it was received by the Board or the immigration court. A filing that is rejected by the Board or the immigration court as an improper filing will not be deemed filed on the date it was submitted or received.
ee The term service means physically presenting, mailing, or electronically providing a document to the appropriate party or parties; except that an Order to Show Cause or Notice of Deportation Hearing shall be served in person to the alien, or by certified mail to the alien or the aliens attorney, and a Notice to Appear shall be served to the alien in person, or if personal service is not practicable, shall be served by regular mail to the alien or the aliens attorney of record.
PART 1003EXECUTIVE OFFICE FOR
IMMIGRATION REVIEW
3. The authority citation for part 1003
continues to read as follows:

Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8
U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1254a, 1255, 1324d, 1330, 1361, 1362; 28
U.S.C. 509, 510, 1746; sec. 2 Reorg. Plan No.
2 of 1950; 3 CFR, 19491953 Comp., p. 1002;
section 203 of Pub. L. 105100, 111 Stat.
2196200; sections 1506 and 1510 of Pub. L.
106386, 114 Stat. 152729, 153132; section 1505 of Pub. L. 106554, 114 Stat. 2763A
326 to 328.

4. Amend 1003.1 by revising paragraph f to read as follows:

1003.1 Organization, jurisdiction, and powers of the Board of Immigration Appeals.

f Service of Board decisions. The decision of the Board shall be in writing. The Board shall transmit a copy to DHS and serve a copy upon the alien or the aliens representative, as provided in part 1292 of this chapter.

5. Amend 1003.2 by:

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