[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48443-48444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18591]


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DEPARTMENT OF JUSTICE

[OMB Number 1125-NEW]


Agency Information Collection Activities; Proposed Collection; 
Comments Requested; Notice of Entry of Limited Appearance for Document 
Assistance Before the Board of Immigration Appeals; and Notice of Entry 
of Limited Appearance for Document Assistance Before the Immigration 
Court

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: 60-Day notice.

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SUMMARY: The Executive Office for Immigration Review, Department of 
Justice (DOJ), will be submitting the following information collection 
request to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act of 1995.

DATES: Comments are encouraged and will be accepted for 60 days until 
October 29, 2021.

FOR FURTHER INFORMATION CONTACT: If you have additional comments 
especially on the estimated public burden or associated response time, 
suggestions, or need a copy of the proposed information collection 
instrument with instructions or additional information, please contact 
Lauren Alder Reid, Assistant Director, Office of Policy, Executive 
Office for Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls 
Church, VA 22041, telephone: (703) 305-0289.

SUPPLEMENTARY INFORMATION: Written comments and suggestions from the 
public and affected agencies concerning the proposed collection of 
information are encouraged. Your comments should address one or more of 
the following four points:

--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;
--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;
--Enhance the quality, utility, and clarity of the information to be 
collected; and/or
--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: New collection.
    2 The Title of the Form/Collection: Notice of Entry of Limited 
Appearance for Document Assistance Before the Board of Immigration 
Appeals; and Notice of Entry of Limited Appearance for Document 
Assistance Before the Immigration Court.
    3 The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: The form numbers are EOIR-60 
and EOIR-61, Executive Office for Immigration Review, United States 
Department of Justice.
    4 Affected public who will be asked or required to respond, as well 
as a brief abstract: Primary: Attorneys and Representatives; Pro Se 
Respondents in proceedings before EOIR. Other: None. Abstract: This 
information collection is necessary to allow an attorney or 
representative to notify the Board or the Immigration Court that he or 
she is entering a limited appearance to assist a pro se respondent with 
a legal filing or other document to be filed with EOIR. Pursuant to the 
Notice of Proposed Rulemaking, Professional Conduct for Practitioners--
Rules and Procedures, and Representation and Appearances, 85 FR 61640 
(Sept. 30, 2020), the agency indicated that it intended to revise in 
accordance with the rulemaking the currently approved Form EOIR-26, 
Notice of Appeal from a Decision of an Immigration Judge; Form EOIR-27, 
Notice of Entry of Appearance as Attorney or Representative Before the 
Board of Immigration Appeals; and Form EOIR-28, Notice of Entry of 
Appearance as Attorney or Representative Before the Immigration Court. 
However, after further consideration, the agency has determined that a 
separate stand-alone form for the entry of a limited appearance before 
each adjudicatory component would be the most appropriate method for 
the collection of this information. The separate forms EOIR-60 and 
EOIR-61 are intended to provide greater clarity to the practitioners 
using the forms, the pro se respondents who are only engaging with the 
practitioners in a limited capacity, and for the EOIR staff processing 
the forms.
    5 An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: At this time, it 
is difficult for EOIR to estimate the total receipts it will receive 
for this new collection. Pursuant to the NPRM, EOIR estimated the total 
receipts would be at least as many receipts as received for the other 
two representation forms for the entry of appearance before the 
Immigration Court (Form EOIR-28) and the Board of Immigration Appeals 
(Form EOIR-27). These forms are used for attorneys or representatives 
who wish to appear on behalf of a respondent in pending proceedings, 
and remain the representative of record for the duration of the case. 
Those forms are not used for limited appearance purposes, but EOIR 
expects that at least some of those practitioners will enter limited 
appearances to assist respondents with document filings. So as not to 
under

[[Page 48444]]

estimate the burden, EOIR will assume that it will receive as many 
entries for limited appearances as it does for full appearances--the 
total number of respondents for the Forms EOIR-60 and EOIR-61 are 
therefore expected to be 841,029 (the total receipts for the EOIR-27 
(53,816) and EOIR-28 (787,213) for FY2019 as provided in the NPRM). The 
estimated average time to review and complete the forms is six minutes.
    6 An estimate of the total public burden (in hours) associated with 
the collection: The total public burden of these revised collections 
are estimated to be 84,102.9 burden hours annually ((for Form EOIR-27, 
53,816 respondents (FY 2019) x 1 response per respondent x 6 minutes 
per response = 5,381.6 burden hours) + (for Form EOIR-28, 787,213 
respondents (FY 2019) x 1 response per respondent x 6 minutes per 
response = 78,721.3 burden hours) = 84,102.9 burden hours).
    If additional information is required contact: Melody Braswell, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE, 3E.405B, Washington, DC 20530.

    Dated: August 25, 2021.
Melody D. Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2021-18591 Filed 8-27-21; 8:45 am]
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