Governing Bodies

• Published date: 12 April 2024
• Record Number: 2024-07762
• Citation: 89 FR 25856
• Court: Legal Services Corporation
• Section: Proposed rules

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.

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

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 sdavis@lsc.gov.

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

§ 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,

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25857

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.

* * * * *

(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

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

AGENCY

: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION

: Proposed rule; harvest

specifications and request for

comments.

SUMMARY

: 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 Magnuson-

Stevens 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.

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