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42363
                                                                      Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules

                                                                                                          In reviewing SIP submissions, EPA’s                eligible citizens of the Federated States
                                               13211, ‘‘Actions Concerning Regulations
                                                                                                       role is to approve state choices,                     of Micronesia, the Republic of the
                                               That Significantly Affect Energy Supply,
                                                                                                       provided that they meet the criteria of               Marshall Islands and the Republic of
                                               Distribution, or Use’’ (66 FR 28355, May
                                                                                                       the CAA. In this context, in the absence              Palau legally residing in the United
                                               22, 2001). This proposed action merely
                                                                                                       of a prior existing requirement for the               States.
                                               proposes to approve state law as
                                                                                                       State to use voluntary consensus
                                               meeting Federal requirements and                                                                                      The open rulemaking published
                                                                                                                                                             DATES:
                                                                                                       standards (VCS), EPA has no authority
                                               imposes no additional requirements                                                                            on September 10, 2001 (66 FR 46977) is
                                                                                                       to disapprove a SIP submission for
                                               beyond those imposed by state law.                                                                            terminated as of August 2, 2007.
                                                                                                       failure to use VCS. It would thus be
                                               Redesignation of an area to attainment                                                                        Comments on this NPRM are due on
                                                                                                       inconsistent with applicable law for
                                               under section 107(d)(3)(e) of the CAA                                                                         September 4, 2007.
                                                                                                       EPA, when it reviews a SIP submission;
                                               does not impose any new requirements
                                                                                                                                                             ADDRESSES: Written comments on the
                                                                                                       to use VCS in place of a SIP submission
                                               on small entities. Redesignation is an
                                                                                                                                                             NPRM may be submitted by mail, fax or
                                                                                                       that otherwise satisfies the provisions of
                                               action that affects the status of a
                                                                                                                                                             e-mail to Mattie Cohan, Senior Assistant
                                                                                                       the CAA. Redesignation is an action that
                                               geographical area and does not impose
                                                                                                                                                             General Counsel, Office of Legal Affairs,
                                                                                                       affects the status of a geographical area
                                               any new regulatory requirements on
                                                                                                                                                             Legal Services Corporation, 3333 K
                                                                                                       but does not impose any new
                                               sources. Accordingly, the Administrator
                                                                                                                                                             Street, NW., Washington, DC 20007;
                                                                                                       requirements on sources. Thus, the
                                               certifies that this proposed rule will not
                                                                                                                                                             202–295–1624 (ph); 202–337–6519 (fax);
                                                                                                       requirements of section 12(d) of the
                                               have a significant economic impact on
                                                                                                                                                             mcohan@lsc.gov.
                                                                                                       National Technology Transfer and
                                               a substantial number of small entities
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                       Advancement Act of 1995 (15 U.S.C.
                                               under the Regulatory Flexibility Act (5
                                                                                                                                                             Mattie Cohan, Senior Assistant General
                                                                                                       272 note) do not apply. This proposed
                                               U.S.C. 601 et seq.). Because this rule
                                                                                                                                                             Counsel, 202–295–1624 (ph);
                                                                                                       rule does not impose an information
                                               proposes to approve pre-existing
                                                                                                                                                             mcohan@lsc.gov.
                                                                                                       collection burden under the provisions
                                               requirements under state law and does
                                                                                                       of the Paperwork Reduction Act of 1995
                                               not impose any additional enforceable                                                                         SUPPLEMENTARY INFORMATION:
                                                                                                       (44 U.S.C. 3501 et seq.).
                                               duty beyond that required by state law,
                                                                                                                                                             Termination of Open Rulemaking
                                               it does not contain any unfunded
                                                                                                       List of Subjects
                                               mandate or significantly or uniquely                                                                             The LSC Board of Directors identified
                                                                                                       40 CFR Part 52
                                               affect small governments, as described                                                                        45 CFR Part 1626 as an appropriate
                                               in the Unfunded Mandates Reform Act                                                                           subject for rulemaking on January 27,
                                                                                                         Environmental protection, Air
                                               of 1995 (Pub. L. 104–4).                                                                                      2001. On June 30, 2001, the LSC
                                                                                                       pollution control, Intergovernmental
                                                                                                                                                             President and the Chair of the
                                                  This proposed rule also does not have                relations, Nitrogen dioxide, Ozone,
                                                                                                                                                             Operations and Regulations Committee
                                               tribal implications because it will not                 Reporting and recordkeeping
                                                                                                                                                             made a determination to proceed with
                                               have a substantial direct effect on one or              requirements, Volatile organic
                                                                                                                                                             the initiation of a Negotiated
                                               more Indian tribes, on the relationship                 compounds.
                                                                                                                                                             Rulemaking to consider amendments to
                                               between the Federal Government and
                                                                                                       40 CFR Part 81                                        Part 1626. In accordance with the LSC
                                               Indian tribes, or on the distribution of
                                                                                                         Environmental protection, Air                       Rulemaking Protocol, LSC published a
                                               power and responsibilities between the
                                                                                                       pollution control, National parks,                    notice in the Federal Register formally
                                               Federal Government and Indian tribes,
                                                                                                       Wilderness areas.                                     soliciting suggestions for appointment
                                               as specified by Executive Order 13175
                                                                                                                                                             to the Negotiated Rulemaking Working
                                               (65 FR 67249, November 9, 2000). This                     Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                             Group from the regulated community,
                                               action also does not have Federalism
                                                                                                          Dated: July 25, 2007.
                                                                                                                                                             its clients, advocates, the organized bar
                                               implications because it does not have
                                                                                                       J.I. Palmer, Jr.,                                     and other interested parties (66 FR
                                               substantial direct effects on the states,
                                                                                                       Regional Administrator, Region 4.                     46977, September 10, 2001). After
                                               on the relationship between the national
                                                                                                       [FR Doc. E7–14983 Filed 8–1–07; 8:45 am]              receiving submissions of interest, a
                                               government and the states, or on the
                                                                                                                                                             Working Group was appointed. Each
                                               distribution of power and                               BILLING CODE 6560–50–P
                                                                                                                                                             organization which timely requested to
                                               responsibilities among the various
                                                                                                                                                             participate was appointed to the
                                               levels of government, as specified in
                                                                                                                                                             Working Group. The Working Group
                                               Executive Order 13132 (64 FR 43255,                     LEGAL SERVICES CORPORATION
                                                                                                                                                             met three times without coming to
                                               August 10, 1999). This action merely
                                                                                                       45 CFR Part 1626                                      consensus on several issues.
                                               affects the status of a geographical area,
                                                                                                                                                             Subsequently, work on the 2001
                                               does not impose any new requirements
                                                                                                       Restrictions on Legal Assistance to                   rulemaking was deferred in 2003 by the
                                               on sources, or allow a state to avoid
                                                                                                       Aliens                                                previous Board of Directors pending the
                                               adopting or implementing other
                                                                                                                                                             appointment and confirmation of the
                                               requirements and does not alter the                              Legal Services Corporation.
                                                                                                       AGENCY:
                                                                                                                                                             present Board. No further action on the
                                               relationship or the distribution of power                       Termination of Rulemaking and
                                                                                                       ACTION:
                                                                                                                                                             rulemaking has been taken since that
                                               and responsibilities established in the                 Notice of Proposed Rulemaking.
                                                                                                                                                             time.
                                               CAA. This proposed rule also is not
                                               subject to Executive Order 13045                                                                                 During the past several years as LSC
                                                                                                       SUMMARY: LSC is terminating a
                                               ‘‘Protection of Children from                                                                                 has considered its rulemaking agenda,
                                                                                                       rulemaking it initiated in 2001 to
                                               Environmental Health Risks and Safety                                                                         neither Management nor recipients have
                                                                                                       consider broad revisions to its
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                                               Risks’’ (62 FR 19885, April 23, 1997);                                                                        suggested reinitiating work on this
                                                                                                       regulation on restrictions on legal
                                               because it is not economically                                                                                broad rulemaking. As such, LSC is of
                                                                                                       assistance. Contemporaneously, LSC is
                                               significant and because the Agency does                                                                       the opinion that consideration of broad
                                                                                                       initiating a new rulemaking to consider
                                               not have reason to believe that the rule                                                                      revision of Part 1626 is no longer
                                                                                                       a proposal of limited scope to amend
                                               concerns an environmental health risk                                                                         necessary or appropriate. Accordingly,
                                                                                                       section 1626.10(a) of this regulation to
                                               or safety risk that may                                                                                       with the publication of this notice LSC
                                                                                                       permit LSC grant recipients to provide
                                               disproportionately affect children.                                                                           is terminating the open rulemaking.
                                                                                                       legal assistance to otherwise financially


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42364                  Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules

                                                                                                       On its face, this language would have                  termination of the trust. Under this
                                               New Notice of Proposed Rulemaking
                                                                                                       appeared to imply that all non-U.S.                    version of the rule, the special eligibility
                                                  LSC-funded legal services providers
                                                                                                       citizens, including residents of RMI,                  section provided:
                                               are permitted to provide legal assistance
                                                                                                       FSM and Palau would be subject to
                                               only to citizens of the United States and                                                                        (a) Micronesia. The alien restriction stated
                                                                                                       these restrictions, notwithstanding their              in the appropriations acts is not applicable to
                                               aliens upon whom eligibility has been
                                                                                                       eligibility under the LSC Act. To deal                 the legal services program in the following
                                               expressly conferred by statute. LSC
                                                                                                       with this problem, LSC included a                      Pacific island entities:
                                               regulations at 45 CFR Part 1626
                                                                                                                                                                (1) Commonwealth of the Northern
                                                                                                       ‘‘special eligibility section’’ (§ 1626.10)
                                               implement the various existing statutory                                                                       Marianas;
                                                                                                       in the implementing regulations on
                                               authorities and set forth the eligibility                                                                        (2) Republic of Palau;
                                                                                                       representation of aliens, 45 CFR part
                                               standards based on citizenship and                                                                               (3) Federated States of Micronesia;
                                                                                                       1626, to exempt residents of the Trust
                                               eligible alien status. Since 1996 Part                                                                           (4) Republic of the Marshall Islands
                                                                                                       Territory from the alien restrictions
                                               1626 has limited the eligibility of                                                                              All citizens of these entities are eligible to
                                                                                                       imposed by Congress.
                                               citizens of the Republic of the Marshall                                                                       receive legal assistance, provided they are
                                                                                                          In 1986 the trust governing the                     otherwise eligible under the [LSC] Act.
                                               Islands (‘‘RMI’’) and the Federated
                                                                                                       relationship between the U.S. and the
                                               States of Micronesia (‘‘FSM’’) and the                                                                         54 FR 18812 (April 29, 1989). The
                                                                                                       Trust Territories was terminated. At that
                                               Republic of Palau to services provided                                                                         preamble to the Final Rule adopting this
                                                                                                       time the former Trust Territories were
                                               in those respective nations (unless the                                                                        language explained that this change was
                                                                                                       recognized as independent nations and
                                               applicant is otherwise eligible under                                                                          intended to ‘‘restate[] congressional
                                                                                                       a new relationship with RMI, FSM and
                                               Part 1626). In connection with LSC’s                                                                           intent that residents of these political
                                                                                                       Palau was created by the signing of two
                                               development of a 2007 Rulemaking                                                                               entities be eligible to be clients of a legal
                                                                                                       Compacts of Free Association, one with
                                               Agenda, the Legal Aid Society of                                                                               services program.’’ Id. at 18110. The
                                                                                                       RMI and FSM and the other with Palau.
                                               Hawai’i (LASH) and Legal Aid of                                                                                special eligibility section addressing the
                                                                                                       The Compact with RMI and FSM
                                               Arkansas (LAA) have both requested                                                                             FAS remained as set forth above until
                                                                                                       contemplates the provision of certain
                                               that LSC engage in rulemaking to                                                                               1996.
                                                                                                       services and programs of the U.S. to
                                               change the section 1626.10(a) to provide
                                                                                                                                                                As a result of new statutory
                                                                                                       those nations. Specifically, section 224
                                               for the eligibility of citizens of RMI,
                                                                                                                                                              restrictions contained in the LSC FY
                                                                                                       of the Compact of Free Association with
                                               FSM and Palau legally residing in the
                                                                                                                                                              1996 appropriations legislation (Pub. L.
                                                                                                       RMI and FSM provides that:
                                               United States for legal assistance from
                                                                                                                                                              104–134), additional changes to Part
                                                                                                          The Government of the United States and
                                               LSC-funded programs.
                                                                                                                                                              1626 were made in 1996. Although the
                                                                                                       the Government of the Marshall Islands or
                                                  LSC agrees that there is sufficient
                                                                                                                                                              statutory amendments did not address
                                                                                                       the Federated States of Micronesia may agree
                                               reason and authority for LSC to amend
                                                                                                                                                              this issue, § 1626.10(a) was again
                                                                                                       from time to time to the extension of
                                               its regulation in this regard. To that end,
                                                                                                       additional United States grant assistance,             revised, this time in response to
                                               the Operations and Regulations                          services and programs as provided by the               comments from the LSC Office of
                                               Committee of the LSC Board of Directors                 laws of the United States, to the Marshall             Inspector General (OIG). As explained
                                               considered a Draft NPRM and the Board                   Islands or the Federated States of Micronesia,         in the preamble to the 1996 Final Rule:
                                               of Directors approved this NPRM for                     respectively.
                                                                                                                                                                 The OIG suggested that both the prior rule
                                               publication and comment at their                          The Compact of Free Association Act                  and the interim rule dealt with the question
                                               respective meetings on July 28, 2007.                   of 1985 (‘‘CFA Act’’) (Pub. L. 99–239,                 of special eligibility incorrectly and urged
                                                                                                       codified at 48 U.S.C. 1901 et seq.),
                                               History of FAS Eligibility for Legal                                                                           that the final rule refer only to the legal
                                                                                                       which implemented the Compact,
                                               Assistance From LSC-Funded Programs                                                                            services programs serving people who were
                                                                                                       provides express authority for the                     citizens of those jurisdictions. The effect of
                                                 At the time of the creation of LSC in                                                                        this change would be to make financially
                                                                                                       provision of LSC-funded legal services.
                                               1974, the countries that are now the                                                                           eligible citizens of the Federated States of
                                                                                                       Specifically, section 105(h)(1)(A) of the
                                               sovereign nations of the Republic of the                                                                       Micronesia, the Republic of the Marshall
                                                                                                       CFA Act provides that:
                                               Marshall Islands (‘‘RMI’’), the Federated                                                                      Islands and the Republic of Palau only
                                                                                                       * * * pursuant to section 224 of the
                                               States of Micronesia (‘‘FSM’’), and the                                                                        eligible for legal services from the recipients
                                                                                                       Compact the programs and services of the               serving those areas * * *. They would not be
                                               Republic of Palau were possessions of
                                                                                                       [Legal Services Corporation] shall be made             eligible for services from any other recipients
                                               the United States, known as the Trust
                                                                                                       available to the Federated States of                   unless they also came within one of the
                                               Territories of the Pacific Islands (‘‘the               Micronesia and to the Marshall Islands.                categories of eligible aliens listed in section
                                               Trust Territories’’). The LSC Act defined
                                                                                                                                                              1626.5 * * *.
                                                                                                          The implementing act for the
                                               the Trust Territories as a ‘‘State’’ for the
                                                                                                       Compact with Palau makes section 105                   62 FR 19413 (April 21, 1997). The OIG’s
                                               purposes of the Act. The Act thus
                                                                                                       of the CFA Act applicable to the                       comments were based upon its
                                               conferred eligibility for LSC-funded
                                                                                                       Republic of Palau. 48 U.S.C. 1932(b).1                 interpretation of the CFA Act that the
                                               legal services to Trust Territory
                                                                                                          After the signing of the respective                 language of the CFA Act provides
                                               residents to the same extent provided to
                                                                                                       Compacts and the corresponding                         authority for the provision of services
                                               residents of any other State of the
                                                                                                       implementing statutes, the FAS                         within those nations, but does not
                                               United States. Section 1002(8) of the
                                                                                                       remained covered by the special                        expressly confer individual eligibility
                                               LSC Act, 42 U.S.C. 2996a(8).
                                                                                                       eligibility section of Part 1626,
                                                 In 1983, Congress placed the first                                                                           for services to the citizens of those
                                                                                                       notwithstanding their change in legal
                                               statutory restrictions on representation                                                                       nations without reference to where the
                                                                                                                   `
                                                                                                       status vis-a-vis their relationship with
                                               of aliens on LSC recipients in LSC’s                                                                           service is to be provided. The Board
                                                                                                       the United States. In 1989 that section
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                                               appropriations bill for that year, Public                                                                      considered the matter, agreed with the
                                                                                                       of the regulation was amended to make
                                               Law 97–377. That law provided that                                                                             OIG analysis, and revised § 1626.10(a)
                                                                                                       the section more precise in light of the
                                               none of the funds appropriated could be                                                                        as follows.
                                               expended to provide legal assistance for                                                                          This part [1626] is not applicable to
                                                                                                         1 RMI, FSM and Palau are collectively referred to
                                               or on behalf of any alien unless the alien                                                                     recipients providing services in the
                                                                                                       as the ‘‘Freely Associated States’’ or ‘‘FAS.’’ This
                                               was a resident of the U.S. and otherwise                                                                       Commonwealth of the Northern Mariana
                                                                                                       designation will be used throughout the remainder
                                               met certain statutorily specified criteria.                                                                    Islands, the Republic of Palau, the Federated
                                                                                                       of the supplementary information section.



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42365
                                                                      Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules

                                               States of Micronesia, or the Republic of the                                                                  Need for Amendment of the
                                                                                                       was reported out of the Senate
                                               Marshall Islands.                                                                                             Regulation—FAS Citizens in the United
                                                                                                       Committee on Energy and Natural
                                                                                                                                                             States
                                                                                                       Resources, accompanied by a written
                                               62 FR 19413 (April 21, 1997); 45 CFR
                                                                                                       report. The operative language of the
                                               1626.10(a). Thus, since 1996 otherwise                                                                           When LSC was created in 1974, there
                                                                                                       bill and report dealing with the
                                               financially eligible residents of the FAS                                                                     were probably no more than a few
                                                                                                       availability of legal assistance from LSC
                                               seeking assistance from legal services                                                                        thousand Micronesians living in Guam
                                                                                                       recipients to citizens of the FAS,
                                               providers in the United States may only                                                                       and Hawai’i, and a scattering in the
                                                                                                       regardless of where they are obtaining
                                               receive such assistance if they meet the                                                                      continental United States. Even when
                                                                                                       those services, is the same as in last
                                               alien eligibility requirements of                                                                             the first Compact was negotiated in
                                                                                                       year’s Senate bill (quoted above). A
                                               § 1626.5.                                                                                                     1986, there were probably still less than
                                                                                                       similar bill, H.R. 2705, has also been                ten thousand Micronesians living
                                               Alternative Interpretation of the                       introduced in the House. As of the                    within U.S. territory, still mostly in
                                               Compact Act                                             publication of this notice, both of the               Guam and Honolulu. However, when
                                                                                                       bills are still pending.
                                                  During the last session of Congress,                                                                       the Compact was renegotiated and
                                               legislation was passed in the Senate by                   In addition, LSC received a letter                  extended in 2002 it was then known
                                               unanimous consent on September 29,                      dated June 1, 2007, from David Cohen,                 that the migration pattern was showing
                                               2006, which would have definitively                     Deputy Assistant Secretary for Insular                greatly increased numbers in the
                                               clarified the issue by clearly stating that             Affairs at the Department of Interior. In             continental United States. According to
                                               LSC services were to be available to the                his letter, Deputy Assistant Secretary                the Embassy of FSM there are, in
                                               citizens of the FAS. Specifically, section              Cohen stated:                                         addition to the traditionally high
                                               5 of S.1830, provided:                                                                                        populations of Micronesians in Guam
                                                                                                         I can assure you that it is consistent with
                                                                                                                                                             and Hawai’i, at least 30,000 to 40,000
                                                                                                       Federal policy under the Compacts and the
                                               SEC. 5. AVAILABILITY OF LEGAL
                                                                                                       [implementing] public laws * * * to allow             FSM citizens living or going to school
                                               SERVICES.
                                                                                                       FAS citizens lawfully resident in the United          in the continental U.S. Further, LAA has
                                                 Section 105(f)(1)(C) of the Compact of Free
                                                                                                       States to receive LSC services. * * * We are          noted in its request to LSC for
                                               Association Amendments Act of 2003 (48
                                                                                                       not aware of any intention to permit the
                                               U.S.C. 1921d(f)(1)(C)) is amended by                                                                          rulemaking on this issue that there are
                                                                                                       extension of LSC benefits to FAS citizens in
                                               inserting before the period at the end the                                                                    also 6,000 to 10,000 Marshallese living
                                                                                                       the FAS but to prevent the extension of those
                                               following: ‘‘, which shall also continue to be                                                                in Northwest Arkansas alone.
                                                                                                       benefits to FAS citizens during their lawful
                                               available to the citizens of the Federated
                                                                                                                                                                Thus, while there was relatively little
                                                                                                       residence in the United States.
                                               States of Micronesia, the Republic of Palau,
                                                                                                                                                             demand for legal services among FAS
                                               and the Republic of the Marshall Islands who              Subsequently, representatives of LSC                citizens in the United States in 1996, the
                                               legally reside in the United States (including
                                                                                                       met with the Deputy Assistant                         increased migration of FAS citizens to
                                               territories and possessions)’’.
                                                                                                       Secretary, several members of his staff               the United States has significantly
                                                 The report accompanying S.1830                        and an attorney from the Department of                increased the potential demand for legal
                                               explained that:                                         State. They reiterated their                          services among members of that
                                                                                                       understanding of the Compact and the
                                                  Section 5 clarifies that section 105(f)(1)(C)                                                              community. The inability of financially
                                                                                                       CFA Act. In particular, they explained
                                               of the CFAAA is intended to continue                                                                          eligible FAS citizens in the U.S. to
                                                                                                       that the United States and the FAS
                                               eligibility for the programs and services of                                                                  access legal services from LSC programs
                                               the Legal Services Corporation for FSM and              countries negotiated the Compacts as                  assistance is a growing problem for the
                                               RMI migrants who legally reside in the                  essentially an aid package and that the               U.S. FAS community. LASH, for
                                               United States. Legal Services Corporation               Departments of Interior and State, as                 example, has noted that that FAS
                                               eligibility was extended by the first Compact
                                                                                                       well as the FAS nations themselves,                   citizens working in Hawai’i are more
                                               Act in 1986 (Pub. L. 99–239), but in 1996,
                                                                                                       consider the extension of benefits to the             likely to be victims of unscrupulous
                                               without any further action by Congress, the
                                                                                                       FAS to include the extension of benefits              employers because they believe that
                                               Legal Services Corporation, by rule,
                                                                                                       to FAS citizens, regardless of where
                                               terminated the eligibility of FSM and RMI                                                                     such citizens have little recourse to legal
                                                                                                       those citizens are lawfully residing (in
                                               migrants. Section 104(e) of the original                                                                      services to protect their employment
                                                                                                       the FAS or the United States). As an
                                               Compact Act, and of the CFAAA, state that                                                                     rights.
                                               it is ‘not the intent of Congress to cause any          example, they noted that the CFA Act
                                                                                                                                                             Proposed Amendment of Section
                                               adverse consequences for an affected area,’             extends the Pell Grant (educational
                                               which are defined as Hawaii, Guam, the                                                                        1626.10(a)
                                                                                                       grants) program to the FAS and that the
                                               CNMI, and American Samoa. The Legal
                                                                                                       grants are provided to FAS citizens                      LSC is proposing to amend section
                                               Services Corporation is one of those
                                                                                                       regardless of whether they are attending              1626.10(a) to redesignate the existing
                                               programs which had assisted local
                                                                                                       institutions of higher education in the               language in paragraph (a) as paragraph
                                               communities, in both the ‘affected areas’ and
                                                                                                       FAS or in the United States. Similarly,               (a)(1) and to add a new paragraph (a)(2)
                                               in the mainland U.S., in responding to the
                                                                                                       FAS citizens are eligible for Job Corps
                                               impacts and needs of FSM and RMI citizens                                                                     to read as follows: ‘‘All citizens of the
                                                                                                       services being provided in the United
                                               who were residing in U.S. communities. This                                                                   Republic of Palau, the Federated States
                                               section would restore eligibility as it existed         States.                                               of Micronesia, and the Republic of the
                                               from 1986 to 1996.                                                                                            Marshall Islands residing in the United
                                                                                                         In light of the above, it would appear
                                                                                                                                                             States are eligible to receive legal
                                                                                                       that LSC’s interpretation of the CFA Act,
                                                 Similar legislation was introduced in
                                                                                                                                                             assistance provided that are they
                                                                                                       while permissible, was not the only
                                               the House, but was not acted on during
                                                                                                                                                             otherwise eligible under the Act.’’ This
                                                                                                       permissible reading and perhaps, in
                                               the course of the 109th Congress.
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                                                                                                                                                             language makes explicit that FAS
                                                                                                       hindsight, not the best available reading.
                                               Accordingly, there was no final
                                                                                                                                                             citizens are eligible under Part 1626 for
                                                                                                       Moreover, LSC appears to be within its
                                               legislation enacted into law on this
                                                                                                                                                             legal assistance and is consistent with
                                                                                                       legal authority under the law to amend
                                               subject in the last Congress. More
                                                                                                                                                             the other eligibility provision in section
                                                                                                       § 1626.10 to permit FAS citizens to
                                               recently, on January 12, 2007, S. 283,
                                                                                                                                                             1626.10 addressing the eligibility of
                                                                                                       receive legal assistance anywhere LSC
                                               the Compact of Free Association
                                                                                                                                                             Canadian-born American Indians at
                                                                                                       services are provided without requiring
                                               Amendments Act was introduced in the
                                                                                                                                                             least 50% Indians by blood, members of
                                                                                                       independent eligibility under Part 1626.
                                               Senate. On February 15, 2007, the bill


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42366                  Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules

                                                                                                                                                             impact on a substantial number of small
                                               the Texas Band of Kickapoo and foreign                        Proposed rule with request for
                                                                                                       ACTION:
                                                                                                                                                             entities within the meaning of the
                                               nationals seeing assistance pursuant to                 comments.
                                                                                                                                                             Regulatory Flexibility Act, 5 U.S.C. 601,
                                               the Hague Convention. 45 CFR
                                                                                                       SUMMARY: DoD is proposing to amend                    et seq., because the proposed rule makes
                                               1626.10(b); 1626.10(c); and 1626.10(d).
                                                                                                       the Defense Federal Acquisition                       no change to payment procedures for
                                               The ‘‘otherwise eligible’’ language is
                                                                                                       Regulation Supplement (DFARS) to                      small business concerns. Therefore, DoD
                                               meant to refer to financial eligibility (for
                                                                                                       provide for interim payments under                    has not performed an initial regulatory
                                               the provision of LSC-funded legal
                                                                                                       cost-reimbursement contracts for                      flexibility analysis. DoD invites
                                               assistance’’) and to the permissibility of
                                                                                                       services within 30 days, instead of the               comments from small businesses and
                                               the legal assistance provided under
                                                                                                       current DoD policy of making payments                 other interested parties. DoD also will
                                               applicable law and regulation.
                                                                                                       within 14 days. The change will not                   consider comments from small entities
                                               List of Subjects in 45 CFR Part 1626                    apply to small business concerns.                     concerning the affected DFARS subparts
                                                                                                       DATES: Comments on the proposed rule
                                                 Aliens, Grant programs—law, Legal                                                                           in accordance with 5 U.S.C. 610. Such
                                                                                                       should be submitted in writing to the
                                               services, Migrant labor, Reporting and                                                                        comments should be submitted
                                                                                                       address shown below on or before
                                               recordkeeping requirements.                                                                                   separately and should cite DFARS Case
                                                                                                       October 1, 2007, to be considered in the
                                                 For reasons set forth above, and under                                                                      2006–D066.
                                                                                                       formation of the final rule.
                                               the authority of 42 U.S.C. 2996g(e), LSC
                                                                                                                                                             C. Paperwork Reduction Act
                                                                                                       ADDRESSES: You may submit comments,
                                               proposes to amend 45 CFR Part 1626 as
                                                                                                       identified by DFARS Case 2006–D066,
                                               follows:                                                                                                        The Paperwork Reduction Act does
                                                                                                       using any of the following methods:                   not apply, because the proposed rule
                                                                                                          • Federal eRulemaking Portal: http://
                                               PART 1626—Restrictions on Legal                                                                               does not impose any information
                                               Assistance to Aliens                                    www.regulations.gov. Follow the                       collection requirements that require the
                                                                                                       instructions for submitting comments.                 approval of the Office of Management
                                                 1. The authority citation for part 1626                  • E-mail: dfars@osd.mil. Include                   and Budget under 44 U.S.C. 3501, et
                                               continues to read as follows:                           DFARS Case 2006–D066 in the subject                   seq.
                                                 Authority: Pub. L. 104–208, 110 Stat 1321;            line of the message.
                                                                                                          • Fax: (703) 602–7887.                             List of Subjects in 48 CFR Parts 216,
                                               Pub L. 104–134, 110 Stat. 3009.
                                                                                                          • Mail: Defense Acquisition                        232, and 252
                                                 2. Amend § 1626.10 by revising
                                                                                                       Regulations System, Attn: Mr. John
                                               paragraph (a) to read as follows:                                                                                Government procurement.
                                                                                                       McPherson, OUSD(AT&L)DPAP(CPF),
                                                                                                                                                             Michele P. Peterson,
                                                                                                       IMD 3C132, 3062 Defense Pentagon,
                                               § 1626.10   Special eligibility questions.
                                                                                                       Washington, DC 20301–3062.                            Editor, Defense Acquisition Regulations
                                                  (a)(1) This part is not applicable to
                                                                                                          • Hand Delivery/Courier: Defense                   System.
                                               recipients providing services in the
                                                                                                       Acquisition Regulations System, Crystal
                                               Commonwealth of the Northern Mariana                                                                            Therefore, DoD proposes to amend 48
                                                                                                       Square 4, Suite 200A, 241 18th Street,
                                               Islands, the Republic of Palau, the                                                                           CFR Parts 216, 232, and 252 as follows:
                                                                                                       Arlington, VA 22202–3402.
                                               Federated States of Micronesia, or the                                                                          1. The authority citation for 48 CFR
                                                                                                          Comments received generally will be
                                               Republic of the Marshall Islands.                                                                             Parts 216, 232, and 252 continues to
                                                                                                       posted without change to http://
                                                  (2) All citizens of the Republic of                                                                        read as follows:
                                                                                                       www.regulations.gov, including any
                                               Palau, the Federated States of
                                                                                                                                                               Authority: 41 U.S.C. 421 and 48 CFR
                                                                                                       personal information provided.
                                               Micronesia, and the Republic of the                                                                           Chapter 1.
                                                                                                       FOR FURTHER INFORMATION CONTACT: Mr.
                                               Marshall Islands residing in the United
                                                                                                       John McPherson, (703) 602–0296.
                                               States are eligible to receive legal                                                                          PART 216—TYPES OF CONTRACTS
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               assistance provided that are they
                                                                                                                                                               2. Section 216.307 is added to read as
                                               otherwise eligible under the Act.                       A. Background
                                                                                                                                                             follows:
                                               *      *     *     *     *
                                                                                                         DFARS 232.906 presently provides for
                                                                                                                                                             216.307    Contract clauses.
                                                                                                       interim payments on cost-
                                               Victor M. Fortuno,
                                                                                                       reimbursement contracts for services                    (a)(i) The following apply to interim
                                               Vice President and General Counsel.
                                                                                                       within 14 days after receipt of a proper              payments on cost-reimbursement
                                               [FR Doc. E7–15043 Filed 8–1–07; 8:45 am]
                                                                                                       payment request. The proposed rule                    contracts for services:
                                               BILLING CODE 7050–01–P
                                                                                                       would revise this policy to provide for                 (A) For contracts with other than
                                                                                                       payment to other than small business                  small business concerns, insert the
                                                                                                       concerns within 30 days. The proposed                 standard due date of the ‘‘30th’’ day in
                                               DEPARTMENT OF DEFENSE                                   change will allow DoD to better cash                  paragraph (a)(3) of the clause at FAR
                                                                                                       manage payments without having a                      52.216–7.
                                               Defense Acquisition Regulations
                                                                                                       significant impact on small business                    (B) For contracts with small business
                                               System
                                                                                                       concerns. The proposed change is                      concerns, insert the ‘‘14th’’ day in
                                                                                                       consistent with the policies of other                 paragraph (a)(3) of the clause at FAR
                                               48 CFR Parts 216, 232, and 252
                                                                                                       Government agencies, which do not pay                 52.216–7.
                                                                                                       in 14 days. These payments are subject                  (ii) For interim payments on cost-
                                               RIN 0750–AF71
                                                                                                       to the Prompt Payment Act.                            reimbursement contracts for other than
                                                                                                         This proposed rule was not subject to
                                               Defense Federal Acquisition                                                                                   services, insert the ‘‘14th’’ day in
mstockstill on PROD1PC66 with PROPOSALS




                                                                                                       Office of Management and Budget
                                               Regulation Supplement; Payments on                                                                            paragraph (a)(3) of the clause at FAR
                                                                                                       review under Executive Order 12866,
                                               Cost-Reimbursement Contracts for                                                                              52.216–7.
                                                                                                       dated September 30, 1993.
                                               Services (DFARS Case 2006–D066)
                                                                                                                                                             PART 232—CONTRACT FINANCING
                                                                                                       B. Regulatory Flexibility Act
                                                       Defense Acquisition
                                               AGENCY:
                                                                                                                                                               3. Section 232.906 is revised to read
                                                                                                         DoD does not expect this proposed
                                               Regulations System, Department of
                                                                                                                                                             as follows:
                                                                                                       rule to have a significant economic
                                               Defense (DoD).


                                          VerDate Aug<31>2005   15:57 Aug 01, 2007   Jkt 211001   PO 00000   Frm 00049   Fmt 4702   Sfmt 4702   E:FRFM02AUP1.SGM   02AUP1
Information Inflation Can The Legal System Adapt

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Information Inflation Can The Legal System Adapt

  • 1. 42363 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules In reviewing SIP submissions, EPA’s eligible citizens of the Federated States 13211, ‘‘Actions Concerning Regulations role is to approve state choices, of Micronesia, the Republic of the That Significantly Affect Energy Supply, provided that they meet the criteria of Marshall Islands and the Republic of Distribution, or Use’’ (66 FR 28355, May the CAA. In this context, in the absence Palau legally residing in the United 22, 2001). This proposed action merely of a prior existing requirement for the States. proposes to approve state law as State to use voluntary consensus meeting Federal requirements and The open rulemaking published DATES: standards (VCS), EPA has no authority imposes no additional requirements on September 10, 2001 (66 FR 46977) is to disapprove a SIP submission for beyond those imposed by state law. terminated as of August 2, 2007. failure to use VCS. It would thus be Redesignation of an area to attainment Comments on this NPRM are due on inconsistent with applicable law for under section 107(d)(3)(e) of the CAA September 4, 2007. EPA, when it reviews a SIP submission; does not impose any new requirements ADDRESSES: Written comments on the to use VCS in place of a SIP submission on small entities. Redesignation is an NPRM may be submitted by mail, fax or that otherwise satisfies the provisions of action that affects the status of a e-mail to Mattie Cohan, Senior Assistant the CAA. Redesignation is an action that geographical area and does not impose General Counsel, Office of Legal Affairs, affects the status of a geographical area any new regulatory requirements on Legal Services Corporation, 3333 K but does not impose any new sources. Accordingly, the Administrator Street, NW., Washington, DC 20007; requirements on sources. Thus, the certifies that this proposed rule will not 202–295–1624 (ph); 202–337–6519 (fax); requirements of section 12(d) of the have a significant economic impact on mcohan@lsc.gov. National Technology Transfer and a substantial number of small entities FOR FURTHER INFORMATION CONTACT: Advancement Act of 1995 (15 U.S.C. under the Regulatory Flexibility Act (5 Mattie Cohan, Senior Assistant General 272 note) do not apply. This proposed U.S.C. 601 et seq.). Because this rule Counsel, 202–295–1624 (ph); rule does not impose an information proposes to approve pre-existing mcohan@lsc.gov. collection burden under the provisions requirements under state law and does of the Paperwork Reduction Act of 1995 not impose any additional enforceable SUPPLEMENTARY INFORMATION: (44 U.S.C. 3501 et seq.). duty beyond that required by state law, Termination of Open Rulemaking it does not contain any unfunded List of Subjects mandate or significantly or uniquely The LSC Board of Directors identified 40 CFR Part 52 affect small governments, as described 45 CFR Part 1626 as an appropriate in the Unfunded Mandates Reform Act subject for rulemaking on January 27, Environmental protection, Air of 1995 (Pub. L. 104–4). 2001. On June 30, 2001, the LSC pollution control, Intergovernmental President and the Chair of the This proposed rule also does not have relations, Nitrogen dioxide, Ozone, Operations and Regulations Committee tribal implications because it will not Reporting and recordkeeping made a determination to proceed with have a substantial direct effect on one or requirements, Volatile organic the initiation of a Negotiated more Indian tribes, on the relationship compounds. Rulemaking to consider amendments to between the Federal Government and 40 CFR Part 81 Part 1626. In accordance with the LSC Indian tribes, or on the distribution of Environmental protection, Air Rulemaking Protocol, LSC published a power and responsibilities between the pollution control, National parks, notice in the Federal Register formally Federal Government and Indian tribes, Wilderness areas. soliciting suggestions for appointment as specified by Executive Order 13175 to the Negotiated Rulemaking Working (65 FR 67249, November 9, 2000). This Authority: 42 U.S.C. 7401 et seq. Group from the regulated community, action also does not have Federalism Dated: July 25, 2007. its clients, advocates, the organized bar implications because it does not have J.I. Palmer, Jr., and other interested parties (66 FR substantial direct effects on the states, Regional Administrator, Region 4. 46977, September 10, 2001). After on the relationship between the national [FR Doc. E7–14983 Filed 8–1–07; 8:45 am] receiving submissions of interest, a government and the states, or on the Working Group was appointed. Each distribution of power and BILLING CODE 6560–50–P organization which timely requested to responsibilities among the various participate was appointed to the levels of government, as specified in Working Group. The Working Group Executive Order 13132 (64 FR 43255, LEGAL SERVICES CORPORATION met three times without coming to August 10, 1999). This action merely 45 CFR Part 1626 consensus on several issues. affects the status of a geographical area, Subsequently, work on the 2001 does not impose any new requirements Restrictions on Legal Assistance to rulemaking was deferred in 2003 by the on sources, or allow a state to avoid Aliens previous Board of Directors pending the adopting or implementing other appointment and confirmation of the requirements and does not alter the Legal Services Corporation. AGENCY: present Board. No further action on the relationship or the distribution of power Termination of Rulemaking and ACTION: rulemaking has been taken since that and responsibilities established in the Notice of Proposed Rulemaking. time. CAA. This proposed rule also is not subject to Executive Order 13045 During the past several years as LSC SUMMARY: LSC is terminating a ‘‘Protection of Children from has considered its rulemaking agenda, rulemaking it initiated in 2001 to Environmental Health Risks and Safety neither Management nor recipients have consider broad revisions to its mstockstill on PROD1PC66 with PROPOSALS Risks’’ (62 FR 19885, April 23, 1997); suggested reinitiating work on this regulation on restrictions on legal because it is not economically broad rulemaking. As such, LSC is of assistance. Contemporaneously, LSC is significant and because the Agency does the opinion that consideration of broad initiating a new rulemaking to consider not have reason to believe that the rule revision of Part 1626 is no longer a proposal of limited scope to amend concerns an environmental health risk necessary or appropriate. Accordingly, section 1626.10(a) of this regulation to or safety risk that may with the publication of this notice LSC permit LSC grant recipients to provide disproportionately affect children. is terminating the open rulemaking. legal assistance to otherwise financially VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:FRFM02AUP1.SGM 02AUP1
  • 2. 42364 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules On its face, this language would have termination of the trust. Under this New Notice of Proposed Rulemaking appeared to imply that all non-U.S. version of the rule, the special eligibility LSC-funded legal services providers citizens, including residents of RMI, section provided: are permitted to provide legal assistance FSM and Palau would be subject to only to citizens of the United States and (a) Micronesia. The alien restriction stated these restrictions, notwithstanding their in the appropriations acts is not applicable to aliens upon whom eligibility has been eligibility under the LSC Act. To deal the legal services program in the following expressly conferred by statute. LSC with this problem, LSC included a Pacific island entities: regulations at 45 CFR Part 1626 (1) Commonwealth of the Northern ‘‘special eligibility section’’ (§ 1626.10) implement the various existing statutory Marianas; in the implementing regulations on authorities and set forth the eligibility (2) Republic of Palau; representation of aliens, 45 CFR part standards based on citizenship and (3) Federated States of Micronesia; 1626, to exempt residents of the Trust eligible alien status. Since 1996 Part (4) Republic of the Marshall Islands Territory from the alien restrictions 1626 has limited the eligibility of All citizens of these entities are eligible to imposed by Congress. citizens of the Republic of the Marshall receive legal assistance, provided they are In 1986 the trust governing the otherwise eligible under the [LSC] Act. Islands (‘‘RMI’’) and the Federated relationship between the U.S. and the States of Micronesia (‘‘FSM’’) and the 54 FR 18812 (April 29, 1989). The Trust Territories was terminated. At that Republic of Palau to services provided preamble to the Final Rule adopting this time the former Trust Territories were in those respective nations (unless the language explained that this change was recognized as independent nations and applicant is otherwise eligible under intended to ‘‘restate[] congressional a new relationship with RMI, FSM and Part 1626). In connection with LSC’s intent that residents of these political Palau was created by the signing of two development of a 2007 Rulemaking entities be eligible to be clients of a legal Compacts of Free Association, one with Agenda, the Legal Aid Society of services program.’’ Id. at 18110. The RMI and FSM and the other with Palau. Hawai’i (LASH) and Legal Aid of special eligibility section addressing the The Compact with RMI and FSM Arkansas (LAA) have both requested FAS remained as set forth above until contemplates the provision of certain that LSC engage in rulemaking to 1996. services and programs of the U.S. to change the section 1626.10(a) to provide As a result of new statutory those nations. Specifically, section 224 for the eligibility of citizens of RMI, restrictions contained in the LSC FY of the Compact of Free Association with FSM and Palau legally residing in the 1996 appropriations legislation (Pub. L. RMI and FSM provides that: United States for legal assistance from 104–134), additional changes to Part The Government of the United States and LSC-funded programs. 1626 were made in 1996. Although the the Government of the Marshall Islands or LSC agrees that there is sufficient statutory amendments did not address the Federated States of Micronesia may agree reason and authority for LSC to amend this issue, § 1626.10(a) was again from time to time to the extension of its regulation in this regard. To that end, additional United States grant assistance, revised, this time in response to the Operations and Regulations services and programs as provided by the comments from the LSC Office of Committee of the LSC Board of Directors laws of the United States, to the Marshall Inspector General (OIG). As explained considered a Draft NPRM and the Board Islands or the Federated States of Micronesia, in the preamble to the 1996 Final Rule: of Directors approved this NPRM for respectively. The OIG suggested that both the prior rule publication and comment at their The Compact of Free Association Act and the interim rule dealt with the question respective meetings on July 28, 2007. of 1985 (‘‘CFA Act’’) (Pub. L. 99–239, of special eligibility incorrectly and urged codified at 48 U.S.C. 1901 et seq.), History of FAS Eligibility for Legal that the final rule refer only to the legal which implemented the Compact, Assistance From LSC-Funded Programs services programs serving people who were provides express authority for the citizens of those jurisdictions. The effect of At the time of the creation of LSC in this change would be to make financially provision of LSC-funded legal services. 1974, the countries that are now the eligible citizens of the Federated States of Specifically, section 105(h)(1)(A) of the sovereign nations of the Republic of the Micronesia, the Republic of the Marshall CFA Act provides that: Marshall Islands (‘‘RMI’’), the Federated Islands and the Republic of Palau only * * * pursuant to section 224 of the States of Micronesia (‘‘FSM’’), and the eligible for legal services from the recipients Compact the programs and services of the serving those areas * * *. They would not be Republic of Palau were possessions of [Legal Services Corporation] shall be made eligible for services from any other recipients the United States, known as the Trust available to the Federated States of unless they also came within one of the Territories of the Pacific Islands (‘‘the Micronesia and to the Marshall Islands. categories of eligible aliens listed in section Trust Territories’’). The LSC Act defined 1626.5 * * *. The implementing act for the the Trust Territories as a ‘‘State’’ for the Compact with Palau makes section 105 62 FR 19413 (April 21, 1997). The OIG’s purposes of the Act. The Act thus of the CFA Act applicable to the comments were based upon its conferred eligibility for LSC-funded Republic of Palau. 48 U.S.C. 1932(b).1 interpretation of the CFA Act that the legal services to Trust Territory After the signing of the respective language of the CFA Act provides residents to the same extent provided to Compacts and the corresponding authority for the provision of services residents of any other State of the implementing statutes, the FAS within those nations, but does not United States. Section 1002(8) of the remained covered by the special expressly confer individual eligibility LSC Act, 42 U.S.C. 2996a(8). eligibility section of Part 1626, In 1983, Congress placed the first for services to the citizens of those notwithstanding their change in legal statutory restrictions on representation nations without reference to where the ` status vis-a-vis their relationship with of aliens on LSC recipients in LSC’s service is to be provided. The Board the United States. In 1989 that section mstockstill on PROD1PC66 with PROPOSALS appropriations bill for that year, Public considered the matter, agreed with the of the regulation was amended to make Law 97–377. That law provided that OIG analysis, and revised § 1626.10(a) the section more precise in light of the none of the funds appropriated could be as follows. expended to provide legal assistance for This part [1626] is not applicable to 1 RMI, FSM and Palau are collectively referred to or on behalf of any alien unless the alien recipients providing services in the as the ‘‘Freely Associated States’’ or ‘‘FAS.’’ This was a resident of the U.S. and otherwise Commonwealth of the Northern Mariana designation will be used throughout the remainder met certain statutorily specified criteria. Islands, the Republic of Palau, the Federated of the supplementary information section. VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:FRFM02AUP1.SGM 02AUP1
  • 3. 42365 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules States of Micronesia, or the Republic of the Need for Amendment of the was reported out of the Senate Marshall Islands. Regulation—FAS Citizens in the United Committee on Energy and Natural States Resources, accompanied by a written 62 FR 19413 (April 21, 1997); 45 CFR report. The operative language of the 1626.10(a). Thus, since 1996 otherwise When LSC was created in 1974, there bill and report dealing with the financially eligible residents of the FAS were probably no more than a few availability of legal assistance from LSC seeking assistance from legal services thousand Micronesians living in Guam recipients to citizens of the FAS, providers in the United States may only and Hawai’i, and a scattering in the regardless of where they are obtaining receive such assistance if they meet the continental United States. Even when those services, is the same as in last alien eligibility requirements of the first Compact was negotiated in year’s Senate bill (quoted above). A § 1626.5. 1986, there were probably still less than similar bill, H.R. 2705, has also been ten thousand Micronesians living Alternative Interpretation of the introduced in the House. As of the within U.S. territory, still mostly in Compact Act publication of this notice, both of the Guam and Honolulu. However, when bills are still pending. During the last session of Congress, the Compact was renegotiated and legislation was passed in the Senate by In addition, LSC received a letter extended in 2002 it was then known unanimous consent on September 29, dated June 1, 2007, from David Cohen, that the migration pattern was showing 2006, which would have definitively Deputy Assistant Secretary for Insular greatly increased numbers in the clarified the issue by clearly stating that Affairs at the Department of Interior. In continental United States. According to LSC services were to be available to the his letter, Deputy Assistant Secretary the Embassy of FSM there are, in citizens of the FAS. Specifically, section Cohen stated: addition to the traditionally high 5 of S.1830, provided: populations of Micronesians in Guam I can assure you that it is consistent with and Hawai’i, at least 30,000 to 40,000 Federal policy under the Compacts and the SEC. 5. AVAILABILITY OF LEGAL [implementing] public laws * * * to allow FSM citizens living or going to school SERVICES. FAS citizens lawfully resident in the United in the continental U.S. Further, LAA has Section 105(f)(1)(C) of the Compact of Free States to receive LSC services. * * * We are noted in its request to LSC for Association Amendments Act of 2003 (48 not aware of any intention to permit the U.S.C. 1921d(f)(1)(C)) is amended by rulemaking on this issue that there are extension of LSC benefits to FAS citizens in inserting before the period at the end the also 6,000 to 10,000 Marshallese living the FAS but to prevent the extension of those following: ‘‘, which shall also continue to be in Northwest Arkansas alone. benefits to FAS citizens during their lawful available to the citizens of the Federated Thus, while there was relatively little residence in the United States. States of Micronesia, the Republic of Palau, demand for legal services among FAS and the Republic of the Marshall Islands who Subsequently, representatives of LSC citizens in the United States in 1996, the legally reside in the United States (including met with the Deputy Assistant increased migration of FAS citizens to territories and possessions)’’. Secretary, several members of his staff the United States has significantly The report accompanying S.1830 and an attorney from the Department of increased the potential demand for legal explained that: State. They reiterated their services among members of that understanding of the Compact and the Section 5 clarifies that section 105(f)(1)(C) community. The inability of financially CFA Act. In particular, they explained of the CFAAA is intended to continue eligible FAS citizens in the U.S. to that the United States and the FAS eligibility for the programs and services of access legal services from LSC programs the Legal Services Corporation for FSM and countries negotiated the Compacts as assistance is a growing problem for the RMI migrants who legally reside in the essentially an aid package and that the U.S. FAS community. LASH, for United States. Legal Services Corporation Departments of Interior and State, as example, has noted that that FAS eligibility was extended by the first Compact well as the FAS nations themselves, citizens working in Hawai’i are more Act in 1986 (Pub. L. 99–239), but in 1996, consider the extension of benefits to the likely to be victims of unscrupulous without any further action by Congress, the FAS to include the extension of benefits employers because they believe that Legal Services Corporation, by rule, to FAS citizens, regardless of where terminated the eligibility of FSM and RMI such citizens have little recourse to legal those citizens are lawfully residing (in migrants. Section 104(e) of the original services to protect their employment the FAS or the United States). As an Compact Act, and of the CFAAA, state that rights. it is ‘not the intent of Congress to cause any example, they noted that the CFA Act Proposed Amendment of Section adverse consequences for an affected area,’ extends the Pell Grant (educational which are defined as Hawaii, Guam, the 1626.10(a) grants) program to the FAS and that the CNMI, and American Samoa. The Legal grants are provided to FAS citizens LSC is proposing to amend section Services Corporation is one of those regardless of whether they are attending 1626.10(a) to redesignate the existing programs which had assisted local institutions of higher education in the language in paragraph (a) as paragraph communities, in both the ‘affected areas’ and FAS or in the United States. Similarly, (a)(1) and to add a new paragraph (a)(2) in the mainland U.S., in responding to the FAS citizens are eligible for Job Corps impacts and needs of FSM and RMI citizens to read as follows: ‘‘All citizens of the services being provided in the United who were residing in U.S. communities. This Republic of Palau, the Federated States section would restore eligibility as it existed States. of Micronesia, and the Republic of the from 1986 to 1996. Marshall Islands residing in the United In light of the above, it would appear States are eligible to receive legal that LSC’s interpretation of the CFA Act, Similar legislation was introduced in assistance provided that are they while permissible, was not the only the House, but was not acted on during otherwise eligible under the Act.’’ This permissible reading and perhaps, in the course of the 109th Congress. mstockstill on PROD1PC66 with PROPOSALS language makes explicit that FAS hindsight, not the best available reading. Accordingly, there was no final citizens are eligible under Part 1626 for Moreover, LSC appears to be within its legislation enacted into law on this legal assistance and is consistent with legal authority under the law to amend subject in the last Congress. More the other eligibility provision in section § 1626.10 to permit FAS citizens to recently, on January 12, 2007, S. 283, 1626.10 addressing the eligibility of receive legal assistance anywhere LSC the Compact of Free Association Canadian-born American Indians at services are provided without requiring Amendments Act was introduced in the least 50% Indians by blood, members of independent eligibility under Part 1626. Senate. On February 15, 2007, the bill VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:FRFM02AUP1.SGM 02AUP1
  • 4. 42366 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules impact on a substantial number of small the Texas Band of Kickapoo and foreign Proposed rule with request for ACTION: entities within the meaning of the nationals seeing assistance pursuant to comments. Regulatory Flexibility Act, 5 U.S.C. 601, the Hague Convention. 45 CFR SUMMARY: DoD is proposing to amend et seq., because the proposed rule makes 1626.10(b); 1626.10(c); and 1626.10(d). the Defense Federal Acquisition no change to payment procedures for The ‘‘otherwise eligible’’ language is Regulation Supplement (DFARS) to small business concerns. Therefore, DoD meant to refer to financial eligibility (for provide for interim payments under has not performed an initial regulatory the provision of LSC-funded legal cost-reimbursement contracts for flexibility analysis. DoD invites assistance’’) and to the permissibility of services within 30 days, instead of the comments from small businesses and the legal assistance provided under current DoD policy of making payments other interested parties. DoD also will applicable law and regulation. within 14 days. The change will not consider comments from small entities List of Subjects in 45 CFR Part 1626 apply to small business concerns. concerning the affected DFARS subparts DATES: Comments on the proposed rule Aliens, Grant programs—law, Legal in accordance with 5 U.S.C. 610. Such should be submitted in writing to the services, Migrant labor, Reporting and comments should be submitted address shown below on or before recordkeeping requirements. separately and should cite DFARS Case October 1, 2007, to be considered in the For reasons set forth above, and under 2006–D066. formation of the final rule. the authority of 42 U.S.C. 2996g(e), LSC C. Paperwork Reduction Act ADDRESSES: You may submit comments, proposes to amend 45 CFR Part 1626 as identified by DFARS Case 2006–D066, follows: The Paperwork Reduction Act does using any of the following methods: not apply, because the proposed rule • Federal eRulemaking Portal: http:// PART 1626—Restrictions on Legal does not impose any information Assistance to Aliens www.regulations.gov. Follow the collection requirements that require the instructions for submitting comments. approval of the Office of Management 1. The authority citation for part 1626 • E-mail: dfars@osd.mil. Include and Budget under 44 U.S.C. 3501, et continues to read as follows: DFARS Case 2006–D066 in the subject seq. Authority: Pub. L. 104–208, 110 Stat 1321; line of the message. • Fax: (703) 602–7887. List of Subjects in 48 CFR Parts 216, Pub L. 104–134, 110 Stat. 3009. • Mail: Defense Acquisition 232, and 252 2. Amend § 1626.10 by revising Regulations System, Attn: Mr. John paragraph (a) to read as follows: Government procurement. McPherson, OUSD(AT&L)DPAP(CPF), Michele P. Peterson, IMD 3C132, 3062 Defense Pentagon, § 1626.10 Special eligibility questions. Washington, DC 20301–3062. Editor, Defense Acquisition Regulations (a)(1) This part is not applicable to • Hand Delivery/Courier: Defense System. recipients providing services in the Acquisition Regulations System, Crystal Commonwealth of the Northern Mariana Therefore, DoD proposes to amend 48 Square 4, Suite 200A, 241 18th Street, Islands, the Republic of Palau, the CFR Parts 216, 232, and 252 as follows: Arlington, VA 22202–3402. Federated States of Micronesia, or the 1. The authority citation for 48 CFR Comments received generally will be Republic of the Marshall Islands. Parts 216, 232, and 252 continues to posted without change to http:// (2) All citizens of the Republic of read as follows: www.regulations.gov, including any Palau, the Federated States of Authority: 41 U.S.C. 421 and 48 CFR personal information provided. Micronesia, and the Republic of the Chapter 1. FOR FURTHER INFORMATION CONTACT: Mr. Marshall Islands residing in the United John McPherson, (703) 602–0296. States are eligible to receive legal PART 216—TYPES OF CONTRACTS SUPPLEMENTARY INFORMATION: assistance provided that are they 2. Section 216.307 is added to read as otherwise eligible under the Act. A. Background follows: * * * * * DFARS 232.906 presently provides for 216.307 Contract clauses. interim payments on cost- Victor M. Fortuno, reimbursement contracts for services (a)(i) The following apply to interim Vice President and General Counsel. within 14 days after receipt of a proper payments on cost-reimbursement [FR Doc. E7–15043 Filed 8–1–07; 8:45 am] payment request. The proposed rule contracts for services: BILLING CODE 7050–01–P would revise this policy to provide for (A) For contracts with other than payment to other than small business small business concerns, insert the concerns within 30 days. The proposed standard due date of the ‘‘30th’’ day in DEPARTMENT OF DEFENSE change will allow DoD to better cash paragraph (a)(3) of the clause at FAR manage payments without having a 52.216–7. Defense Acquisition Regulations significant impact on small business (B) For contracts with small business System concerns. The proposed change is concerns, insert the ‘‘14th’’ day in consistent with the policies of other paragraph (a)(3) of the clause at FAR 48 CFR Parts 216, 232, and 252 Government agencies, which do not pay 52.216–7. in 14 days. These payments are subject (ii) For interim payments on cost- RIN 0750–AF71 to the Prompt Payment Act. reimbursement contracts for other than This proposed rule was not subject to Defense Federal Acquisition services, insert the ‘‘14th’’ day in mstockstill on PROD1PC66 with PROPOSALS Office of Management and Budget Regulation Supplement; Payments on paragraph (a)(3) of the clause at FAR review under Executive Order 12866, Cost-Reimbursement Contracts for 52.216–7. dated September 30, 1993. Services (DFARS Case 2006–D066) PART 232—CONTRACT FINANCING B. Regulatory Flexibility Act Defense Acquisition AGENCY: 3. Section 232.906 is revised to read DoD does not expect this proposed Regulations System, Department of as follows: rule to have a significant economic Defense (DoD). VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:FRFM02AUP1.SGM 02AUP1