Governing Bodies, 25856-25857 [2024-07762]
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lotter on DSK11XQN23PROD with PROPOSALS1
25856
Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rulemaking does not
have Tribal implications and will not
impose substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
NCDEQ did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this proposed
action. Due to the nature of the action
being proposed here, this proposed
action is expected to have a neutral to
positive impact on the air quality of the
affected area. Consideration of EJ is not
required as part of this proposed action,
and there is no information in the
record inconsistent with the stated goal
of E.O. 12898 of achieving EJ for people
of color, low-income populations, and
Indigenous peoples.
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Jkt 262001
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Carbon monoxide, Nitrogen dioxide,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 5, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024–07701 Filed 4–11–24; 8:45 am]
BILLING CODE 6560–50–P
LEGAL SERVICES CORPORATION
45 CFR Part 1607
Governing Bodies
Legal Services Corporation.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Legal Services
Corporation’s (LSC) FY 2024
appropriation enacted on March 9,
2024, included language that lowered
the proportion of attorneys required to
serve on the governing bodies of LSC
grant recipients from 60% to 33%, and
eliminated the requirement that bar
associations appoint the majority of
attorneys. LSC is revising its regulation
pertaining to recipient governing bodies
to be consistent with this directive from
Congress.
DATES: Comments must be received by
LSC by 11:59 p.m. Eastern on May 13,
2024.
FOR FURTHER INFORMATION CONTACT:
Stefanie K. Davis, Deputy General
Counsel, Legal Services Corporation,
3333 K Street NW, Washington, DC
20007; (202) 295–1563 (phone), (202)
337–6519 (fax), or sdavis@lsc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The LSC Act of 1974 requires grant
recipients to have governing bodies
composed of at least 60% attorneys. 42
U.S.C. 2996f(c). LSC adopted part 1607
and the 60% requirement in 1976. 41 FR
25899, June 23, 1976. Subsequently,
LSC’s fiscal year (FY) 1983
appropriation included a requirement
that a majority of each recipient’s
governing body be composed of
attorneys appointed by state or local bar
associations, also known as the
‘‘McCollum Amendment’’. Public Law
97–276, 96 Stat. 1186. LSC revised part
1607 in 1983 to implement the
McCollum Amendment. 48 FR 1971,
Jan. 17, 1983. The McCollum
PO 00000
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Fmt 4702
Sfmt 4702
Amendment currently appears in
§ 502(2)(b)(ii) of LSC’s FY 1996
appropriation, which is incorporated
through § 502 of LSC’s FY 1998
appropriation, as referenced in all LSC
appropriations from 1998 through 2024.
See, e.g., Public Law 104–134, 110 Stat.
1321; Public Law 105–119, 111 Stat.
2440; Public Law 118–42.
LSC’s FY 2024 appropriation changed
the minimum attorney percentage to
33% and eliminated the McCollum
Amendment requirement. The
Administrative Provision of this
appropriation reiterates the
incorporation of prior appropriations’
restrictions by reference. It also includes
language stating that for purposes of
applying the board composition
requirements described in LSC’s FY
1998 appropriation, the requirements
would be satisfied if at least 33% of a
grant recipient’s board were composed
of attorneys licensed in the state in
which legal assistance is to be provided.
Finally, it includes language stating that
the McCollum Amendment does not
apply. Public Law 118–42, Div. C, Title
IV, 141 (2024) (emphasis in original).
LSC is proposing to revise § 1607.3 of its
regulations to reflect this change.
LSC proposes to make the following
changes to incorporate the statutory
changes and to reorganize § 1607.3 for
ease of reference. First, LSC proposes to
delete § 1607.3(b)(1) in its entirety and
replace it with a new paragraph (b)(1)
stating that a recipient’s governing body
must be composed of at least 33%
attorneys. By doing so, LSC will remove
the language implementing the
McCollum Amendment. LSC also
proposes to redesignate existing
paragraphs (b)(2) and (3) as (b)(1)(i) and
(ii), respectively.
Second, LSC proposes to reorganize
the section by relocating the categories
of governing body members currently
located in paragraphs (c) and (d) to
paragraphs (b)(2) and (3), respectively,
and placing the processes for
appointments into paragraphs under
each category. LSC believes that
restructuring § 1607.3 in this way will
make it easier for readers to understand
the categories of membership on LSC
recipients’ governing bodies and the
considerations recipients use to recruit
and select members.
Third, LSC proposes to redesignate
paragraphs (f), (g), and (h) as (c), (d), and
(e).
Finally, LSC proposes to revise
redesignated paragraph (e) paragraph to
reflect the statutory change and allow
recipient staff to recommend candidates
to their governing bodies. LSC believes
this change would empower recipient
staff to identify and propose, clients,
E:\FR\FM\12APP1.SGM
12APP1
Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules
attorneys, or other community members
with relevant expertise for appointment
to their respective governing bodies.
On April 2, 2024, the Committee
voted to recommend that the Board
authorize LSC to open rulemaking on
part 1607 and authorize publication of
this NPRM in the Federal Register for
notice and comment. On April 8, 2024,
the Board accepted the Committee’s
recommendation and voted to approve
publication of this NPRM.
List of Subjects in 45 CFR Part 1607
Grant program—law, Legal services.
For the reasons discussed in the
preamble, the Legal Services
Corporation proposes to amend 45 CFR
part 1607 as follows:
PART 1607—GOVERNING BODIES
1. The authority citation for part 1607
is revised to read as follows:
■
Authority: 42 U.S.C. 2996g(e).
2. Amend § 1607.3 by:
a. Revising paragraph (b);
b. Removing paragraphs (c) through
(e);
■ c. Redesignating paragraphs (f)
through (h) as paragraphs (c) through
(e), respectively; and
■ d. Revising newly redesignated
paragraph (e).
The revisions read as follows.
■
■
■
§ 1607.3
Composition.
lotter on DSK11XQN23PROD with PROPOSALS1
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(b) A recipient’s governing body must
be composed of:
(1) At least 33% attorneys.
(i) Attorney members may be selected
by the recipient’s governing body or
may be selected by other organizations
designated by the recipient which have
an interest in the delivery of legal
services to the poor.
(ii) Selections shall be made to ensure
that the attorney members reasonably
reflect the diversity of the legal
community and the population of the
areas served by the recipient, including
race, ethnicity, gender, and other similar
factors.
(2) At least one-third eligible client
members who are eligible client
members when initially selected by the
recipient.
(i) Recipients must solicit
recommendations for eligible client
members from a variety of appropriate
groups designated by the recipient that
may include, but are not limited to,
client and neighborhood associations
and community-based organizations
that advocate for or deliver services or
resources to the client community
served by the recipient.
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(ii) Recipients should solicit
recommendations from groups in a
manner that reflects, to the extent
possible, the variety of interests within
the client community, and eligible
client members should be selected so
that they reasonably reflect the diversity
of the eligible client population served
by the recipient, including race, gender,
ethnicity, and other similar factors.
(3) Other members selected by the
recipients’ governing body or in another
manner described in the recipient’s
bylaws or policies. Recipients must
appoint or select members so that the
governing body as a whole reasonably
reflects the diversity of the areas served
by the recipient, including race,
ethnicity, gender, and other similar
factors.
(i) Recipients should consider
recruiting and selecting members
possessing fiscal or nonprofit
governance expertise or other skills
necessary to effectively govern the
recipient’s operations.
(ii) Members of a governing body shall
not be dominated by persons serving as
the representatives of a single
association, group or organization,
except that eligible client members may
be selected from client organizations
that are composed of coalitions of
numerous smaller or regionally based
client groups.
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*
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*
*
(e) Recipient staff may recommend
candidates for governing body
membership to its governing body and
other appointing groups and should
consult with the appointing
organizations to ensure that:
(1) Appointees meet the criteria for
board membership set out in this part,
including financial eligibility for
persons appointed as eligible clients,
bar admittance requirements for
attorney board members, and the
general requirements that all members
be supportive of the purposes of the Act
and have an interest in and knowledge
of the delivery of legal services to the
poor;
(2) The particular categories of board
membership and the board as a whole
meet the diversity requirements
described in paragraphs (b)(1)(ii),
(b)(2)(ii), and (b)(3)(ii) of this section;
(3) Appointees do not have actual and
significant individual or institutional
conflicts of interest with the recipient or
the recipient’s client community that
could reasonably be expected to
influence their ability to exercise
independent judgment as members of
the recipient’s governing body.
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25857
Dated: April 8, 2024.
Stefanie Davis,
Deputy General Counsel, Legal Services
Corporation.
[FR Doc. 2024–07762 Filed 4–11–24; 8:45 am]
BILLING CODE 7050–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 240404–0099; RTID 0648–
XD707]
Fisheries of the Exclusive Economic
Zone off Alaska; Cook Inlet; Proposed
2024 Harvest Specifications for
Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; harvest
specifications and request for
comments.
AGENCY:
NMFS proposes 2024 harvest
specifications for the salmon fishery of
the Cook Inlet exclusive economic zone
(EEZ) Area. This action is necessary to
establish harvest limits for salmon
during the 2024 fishing year and to
accomplish the goals and objectives of
the Fishery Management Plan for
Salmon Fisheries in the EEZ off Alaska
(Salmon FMP). The intended effect of
this action is to conserve and manage
the salmon resources in Cook Inlet EEZ
Area in accordance with the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
DATES: Comments must be received by
May 13, 2024.
ADDRESSES: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0028. You may
submit comments on this document,
identified by NOAA–NMFS–2024–0028,
by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type
NOAA–NMFS–2024–0028 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Gretchen Harrington, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
SUMMARY:
E:\FR\FM\12APP1.SGM
12APP1
]]>Agencies
[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Proposed Rules]
[Pages 25856-25857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07762]
=======================================================================
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1607
Governing Bodies
AGENCY: Legal Services Corporation.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Legal Services Corporation's (LSC) FY 2024 appropriation
enacted on March 9, 2024, included language that lowered the proportion
of attorneys required to serve on the governing bodies of LSC grant
recipients from 60% to 33%, and eliminated the requirement that bar
associations appoint the majority of attorneys. LSC is revising its
regulation pertaining to recipient governing bodies to be consistent
with this directive from Congress.
DATES: Comments must be received by LSC by 11:59 p.m. Eastern on May
13, 2024.
FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Deputy General
Counsel, Legal Services Corporation, 3333 K Street NW, Washington, DC
20007; (202) 295-1563 (phone), (202) 337-6519 (fax), or [email protected].
SUPPLEMENTARY INFORMATION:
Background
The LSC Act of 1974 requires grant recipients to have governing
bodies composed of at least 60% attorneys. 42 U.S.C. 2996f(c). LSC
adopted part 1607 and the 60% requirement in 1976. 41 FR 25899, June
23, 1976. Subsequently, LSC's fiscal year (FY) 1983 appropriation
included a requirement that a majority of each recipient's governing
body be composed of attorneys appointed by state or local bar
associations, also known as the ``McCollum Amendment''. Public Law 97-
276, 96 Stat. 1186. LSC revised part 1607 in 1983 to implement the
McCollum Amendment. 48 FR 1971, Jan. 17, 1983. The McCollum Amendment
currently appears in Sec. 502(2)(b)(ii) of LSC's FY 1996
appropriation, which is incorporated through Sec. 502 of LSC's FY 1998
appropriation, as referenced in all LSC appropriations from 1998
through 2024. See, e.g., Public Law 104-134, 110 Stat. 1321; Public Law
105-119, 111 Stat. 2440; Public Law 118-42.
LSC's FY 2024 appropriation changed the minimum attorney percentage
to 33% and eliminated the McCollum Amendment requirement. The
Administrative Provision of this appropriation reiterates the
incorporation of prior appropriations' restrictions by reference. It
also includes language stating that for purposes of applying the board
composition requirements described in LSC's FY 1998 appropriation, the
requirements would be satisfied if at least 33% of a grant recipient's
board were composed of attorneys licensed in the state in which legal
assistance is to be provided. Finally, it includes language stating
that the McCollum Amendment does not apply. Public Law 118-42, Div. C,
Title IV, 141 (2024) (emphasis in original). LSC is proposing to revise
Sec. 1607.3 of its regulations to reflect this change.
LSC proposes to make the following changes to incorporate the
statutory changes and to reorganize Sec. 1607.3 for ease of reference.
First, LSC proposes to delete Sec. 1607.3(b)(1) in its entirety and
replace it with a new paragraph (b)(1) stating that a recipient's
governing body must be composed of at least 33% attorneys. By doing so,
LSC will remove the language implementing the McCollum Amendment. LSC
also proposes to redesignate existing paragraphs (b)(2) and (3) as
(b)(1)(i) and (ii), respectively.
Second, LSC proposes to reorganize the section by relocating the
categories of governing body members currently located in paragraphs
(c) and (d) to paragraphs (b)(2) and (3), respectively, and placing the
processes for appointments into paragraphs under each category. LSC
believes that restructuring Sec. 1607.3 in this way will make it
easier for readers to understand the categories of membership on LSC
recipients' governing bodies and the considerations recipients use to
recruit and select members.
Third, LSC proposes to redesignate paragraphs (f), (g), and (h) as
(c), (d), and (e).
Finally, LSC proposes to revise redesignated paragraph (e)
paragraph to reflect the statutory change and allow recipient staff to
recommend candidates to their governing bodies. LSC believes this
change would empower recipient staff to identify and propose, clients,
[[Page 25857]]
attorneys, or other community members with relevant expertise for
appointment to their respective governing bodies.
On April 2, 2024, the Committee voted to recommend that the Board
authorize LSC to open rulemaking on part 1607 and authorize publication
of this NPRM in the Federal Register for notice and comment. On April
8, 2024, the Board accepted the Committee's recommendation and voted to
approve publication of this NPRM.
List of Subjects in 45 CFR Part 1607
Grant program--law, Legal services.
For the reasons discussed in the preamble, the Legal Services
Corporation proposes to amend 45 CFR part 1607 as follows:
PART 1607--GOVERNING BODIES
0
1. The authority citation for part 1607 is revised to read as follows:
Authority: 42 U.S.C. 2996g(e).
0
2. Amend Sec. 1607.3 by:
0
a. Revising paragraph (b);
0
b. Removing paragraphs (c) through (e);
0
c. Redesignating paragraphs (f) through (h) as paragraphs (c) through
(e), respectively; and
0
d. Revising newly redesignated paragraph (e).
The revisions read as follows.
Sec. 1607.3 Composition.
* * * * *
(b) A recipient's governing body must be composed of:
(1) At least 33% attorneys.
(i) Attorney members may be selected by the recipient's governing
body or may be selected by other organizations designated by the
recipient which have an interest in the delivery of legal services to
the poor.
(ii) Selections shall be made to ensure that the attorney members
reasonably reflect the diversity of the legal community and the
population of the areas served by the recipient, including race,
ethnicity, gender, and other similar factors.
(2) At least one-third eligible client members who are eligible
client members when initially selected by the recipient.
(i) Recipients must solicit recommendations for eligible client
members from a variety of appropriate groups designated by the
recipient that may include, but are not limited to, client and
neighborhood associations and community-based organizations that
advocate for or deliver services or resources to the client community
served by the recipient.
(ii) Recipients should solicit recommendations from groups in a
manner that reflects, to the extent possible, the variety of interests
within the client community, and eligible client members should be
selected so that they reasonably reflect the diversity of the eligible
client population served by the recipient, including race, gender,
ethnicity, and other similar factors.
(3) Other members selected by the recipients' governing body or in
another manner described in the recipient's bylaws or policies.
Recipients must appoint or select members so that the governing body as
a whole reasonably reflects the diversity of the areas served by the
recipient, including race, ethnicity, gender, and other similar
factors.
(i) Recipients should consider recruiting and selecting members
possessing fiscal or nonprofit governance expertise or other skills
necessary to effectively govern the recipient's operations.
(ii) Members of a governing body shall not be dominated by persons
serving as the representatives of a single association, group or
organization, except that eligible client members may be selected from
client organizations that are composed of coalitions of numerous
smaller or regionally based client groups.
* * * * *
(e) Recipient staff may recommend candidates for governing body
membership to its governing body and other appointing groups and should
consult with the appointing organizations to ensure that:
(1) Appointees meet the criteria for board membership set out in
this part, including financial eligibility for persons appointed as
eligible clients, bar admittance requirements for attorney board
members, and the general requirements that all members be supportive of
the purposes of the Act and have an interest in and knowledge of the
delivery of legal services to the poor;
(2) The particular categories of board membership and the board as
a whole meet the diversity requirements described in paragraphs
(b)(1)(ii), (b)(2)(ii), and (b)(3)(ii) of this section;
(3) Appointees do not have actual and significant individual or
institutional conflicts of interest with the recipient or the
recipient's client community that could reasonably be expected to
influence their ability to exercise independent judgment as members of
the recipient's governing body.
* * * * *
Dated: April 8, 2024.
Stefanie Davis,
Deputy General Counsel, Legal Services Corporation.
[FR Doc. 2024-07762 Filed 4-11-24; 8:45 am]
BILLING CODE 7050-01-P
