80_FR_76080 80 FR 75847 - Outside Practice of Law; Fee-Generating Cases; Financial Eligibility; Private Attorney Involvement; Restrictions on Legal Assistance to Aliens; Timekeeping Requirement

80 FR 75847 - Outside Practice of Law; Fee-Generating Cases; Financial Eligibility; Private Attorney Involvement; Restrictions on Legal Assistance to Aliens; Timekeeping Requirement

LEGAL SERVICES CORPORATION

Federal Register Volume 80, Issue 233 (December 4, 2015)

Page Range75847-75848
FR Document2015-30643

The Legal Services Corporation (``LSC'') Office of Inspector General (``OIG'') intends to revise the Compliance Supplement for Audits of LSC Recipients for the fiscal year ending December 31, 2015, and thereafter and is soliciting public comment on the proposed changes. The proposed revisions primarily affect certain regulatory requirements to be audited pursuant to LSC regulations. In addition, the LSC OIG is proposing to include for audit certain regulatory requirements which impact recipient staff's involvement in the outside practice of law. Finally, suggested audit procedures for several regulations have been updated and revised for clarification and simplification purposes.

Federal Register, Volume 80 Issue 233 (Friday, December 4, 2015)
[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Proposed Rules]
[Pages 75847-75848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30643]


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LEGAL SERVICES CORPORATION

45 CFR Parts 1604, 1609, 1611, 1614, 1626, and 1635


Outside Practice of Law; Fee-Generating Cases; Financial 
Eligibility; Private Attorney Involvement; Restrictions on Legal 
Assistance to Aliens; Timekeeping Requirement

AGENCY: Legal Services Corporation.

ACTION: Notice of proposed changes and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Legal Services Corporation (``LSC'') Office of Inspector 
General (``OIG'') intends to revise the Compliance Supplement for 
Audits of LSC Recipients for the fiscal year ending December 31, 2015, 
and thereafter and is soliciting public comment on the proposed 
changes. The proposed revisions primarily affect certain regulatory 
requirements to be audited pursuant to LSC regulations. In addition, 
the LSC OIG is proposing to include for audit certain regulatory 
requirements which impact recipient staff's involvement in the outside 
practice of law. Finally, suggested audit procedures for several 
regulations have been updated and revised for clarification and 
simplification purposes.

DATES: All comments and recommendations must be received by January 4, 
2016.

[[Page 75848]]


ADDRESSES: The proposed LSC OIG Compliance Supplement for Audits of LSC 
Recipients is available at https://www.oig.lsc.gov/images/pdfs/ipa_resources/DRAFT_2015_Compliance_Supplement_for_Audits_of_LSC_Recipients.pdf.
    You may submit comments by any of the following methods:
     Email: aramirez@oig.lsc.gov.
     Fax: (202) 337-6616.
     Mail: Legal Services Corporation Office of Inspector 
General, 3333 K Street NW., Washington, DC 20007.
    Instructions: All comments should be addressed to Anthony M. 
Ramirez, Office of the Inspector General, Legal Services Corporation. 
Include ``2015 Compliance Supplement'' as the heading or subject line 
for all comments submitted.

FOR FURTHER INFORMATION CONTACT: Anthony M. Ramirez, 
aramirez@oig.lsc.gov, (202) 295-1668.

SUPPLEMENTARY INFORMATION: The purpose of the Compliance Supplement for 
Audits of LSC Recipients is to set forth the LSC regulatory 
requirements to be audited by the Independent Public Accountants 
(``IPA'') as part of the recipients' annual financial statement audit 
and to provide suggested guidance to the IPAs in accomplishing this 
task. Pursuant to 45 CFR part 1641, IPAs are subject to suspension, 
removal, and/or debarment for not following OIG audit guidance as set 
out in the Compliance Supplement for Audits of LSC Recipients. Since 
the last revision of the LSC OIG's Compliance Supplement for Audits of 
LSC Recipients, LSC has significantly revised and updated several 
regulations. These revisions and updates, including the corresponding 
changes to suggested audit guidance provided to the IPAs, must be 
reflected accurately in the Compliance Supplement for Audits of LSC 
Recipients. A summary of the proposed changes follows.
    The LSC OIG has included regulatory requirements under 45 CFR part 
1604 in the Compliance Supplement for Audits of LSC Recipients. The 
proposed inclusion sets forth the requirements dealing with the 
permissibility of recipient staff engaged in the outside practice of 
law. We have proposed suggested audit guidance for use by the IPAs.
    The LSC OIG made major revisions to several regulatory summaries to 
reflect LSC's revisions to its regulations. Revised summaries include 
those for 45 CFR parts 1609 (fee generating cases); 1611 (eligibility); 
1614 (private attorney involvement); 1626 (restrictions on legal 
assistance to aliens); and to a lesser extent, 1635 (timekeeping 
requirement). Other summaries contain relatively minor revisions. The 
proposed summaries follow the existing law and LSC regulations. The 
proposed suggested audit procedures for each of these sections have 
been revised and updated to incorporate and take into consideration the 
regulatory changes.
    The LSC OIG proposes to revise the case sampling methodology by 
reducing criteria utilized in the case selection process. The proposed 
changes are intended to clarify and simplify the process.
    The LSC OIG proposes to update and revise suggested audit 
procedures for the regulations. The proposed updates and revisions are 
intended for clarification and simplification purposes and to provide 
added emphasis on internal controls.

    Dated: December 1, 2015.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2015-30643 Filed 12-3-15; 8:45 am]
 BILLING CODE 7050-01-P



                                                                      Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Proposed Rules                                                75847

                                               of section 110(a)(2) with the exception                 III. Proposed Action                                  health or environmental effects, using
                                               of 110(a)(2)(D)(i)(I).4 This rulemaking                    EPA is proposing to approve the                    practicable and legally permissible
                                               action is addressing the portions of the                portions of the District’s June 6, 2014               methods, under Executive Order 12898
                                               District’s infrastructure submittal for the             SIP revision addressing interstate                    (59 FR 7629, February 16, 1994).
                                               2010 NO2 NAAQS that pertain to                                                                                   In addition, this proposed rule,
                                                                                                       transport for the 2010 NO2 NAAQS for
                                               transport requirements.5                                                                                      addressing the District’s interstate
                                                                                                       purposes of meeting section
                                                  The District’s June 6, 2014 transport                                                                      transport requirements under the CAA
                                                                                                       110(a)(2)(D)(i)(I) requirements with
                                               submittal includes emissions inventory                                                                        for the 2010 NO2 NAAQS, does not have
                                                                                                       respect to this NAAQS. EPA is soliciting
                                                                                                                                                             tribal implications as specified by
                                               and air quality data that concludes that                public comments on the issues
                                                                                                       discussed in this document. These                     Executive Order 13175 (65 FR 67249,
                                               the District does not have sources that
                                                                                                       comments will be considered before                    November 9, 2000), because the SIP is
                                               can contribute to nonattainment in, or
                                                                                                       taking final action.                                  not approved to apply in Indian country
                                               interfere with maintenance by, any
                                                                                                                                                             located in the state, and EPA notes that
                                               other state with respect to the 2010 NO2
                                                                                                       IV. Statutory and Executive Order                     it will not impose substantial direct
                                               NAAQS. Currently available air quality                  Reviews                                               costs on tribal governments or preempt
                                               monitoring data included in the
                                                                                                          Under the CAA, the Administrator is                tribal law.
                                               submittal confirms that NO2 levels
                                               continue to be well below the 2010 NO2                  required to approve a SIP submission                  List of Subjects in 40 CFR Part 52
                                               NAAQS in the District and in any areas                  that complies with the provisions of the
                                                                                                                                                               Environmental protection, Air
                                               surrounding or bordering the District.6                 CAA and applicable Federal regulations.
                                                                                                                                                             pollution control, Incorporation by
                                               Additionally, the District describes                    42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                                                                             reference, Intergovernmental relations,
                                               existing SIP-approved measures and                      Thus, in reviewing SIP submissions,
                                                                                                                                                             Nitrogen dioxide.
                                               other Federally-enforceable source-                     EPA’s role is to approve state choices,
                                                                                                       provided that they meet the criteria of                 Authority: 42 U.S.C. 7401 et seq.
                                               specific measures, pursuant to
                                               permitting requirements under the CAA,                  the CAA. Accordingly, this action                       Dated: November 23, 2015.
                                               that apply to NOX sources within the                    merely approves state law as meeting                  Shawn M. Garvin,
                                               District. EPA finds that the District’s                 Federal requirements and does not                     Regional Administrator, Region III.
                                               existing SIP provisions, as identified in               impose additional requirements beyond                 [FR Doc. 2015–30685 Filed 12–3–15; 8:45 am]
                                               the submittal, are adequate to prevent                  those imposed by state law. For that
                                                                                                                                                             BILLING CODE 6560–50–P
                                               its emission sources from significantly                 reason, this proposed action:
                                               contributing to nonattainment or                           • Is not a ‘‘significant regulatory
                                               interfering with maintenance in another                 action’’ subject to review by the Office
                                                                                                       of Management and Budget under                        LEGAL SERVICES CORPORATION
                                               state with respect to the 2010 NO2
                                               NAAQS. In light of these measures, EPA                  Executive Order 12866 (58 FR 51735,                   45 CFR Parts 1604, 1609, 1611, 1614,
                                               does not expect NOX emissions in the                    October 4, 1993);                                     1626, and 1635
                                               District to increase significantly, and                    • does not impose an information
                                               therefore does not expect monitors in                   collection burden under the provisions                Outside Practice of Law; Fee-
                                               the District and nearby states, all                     of the Paperwork Reduction Act (44                    Generating Cases; Financial Eligibility;
                                               currently measuring NO2 concentrations                  U.S.C. 3501 et seq.);                                 Private Attorney Involvement;
                                               well below the 2010 NO2 NAAQS, to                          • is certified as not having a                     Restrictions on Legal Assistance to
                                               have difficulty continuing to attain or                 significant economic impact on a                      Aliens; Timekeeping Requirement
                                               maintaining attainment of the NAAQS.                    substantial number of small entities
                                                                                                       under the Regulatory Flexibility Act (5               AGENCY:  Legal Services Corporation.
                                               A detailed summary of EPA’s review
                                               and rationale for proposing approval of                 U.S.C. 601 et seq.);                                  ACTION: Notice of proposed changes and
                                               this SIP revision as meeting section                       • does not contain any unfunded                    request for comments.
                                               110(a)(2)(D)(i)(I) of the CAA for the 2010              mandate or significantly or uniquely
                                                                                                       affect small governments, as described                SUMMARY:    The Legal Services
                                               NO2 ozone NAAQS may be found in the                                                                           Corporation (‘‘LSC’’) Office of Inspector
                                               Technical Support Document (TSD) for                    in the Unfunded Mandates Reform Act
                                                                                                       of 1995 (Pub. L. 104–4);                              General (‘‘OIG’’) intends to revise the
                                               this rulemaking action, which is                                                                              Compliance Supplement for Audits of
                                               available online at www.regulations.gov,                   • does not have Federalism
                                                                                                       implications as specified in Executive                LSC Recipients for the fiscal year ending
                                               Docket number EPA–R03–OAR–2015–                                                                               December 31, 2015, and thereafter and
                                               0750.                                                   Order 13132 (64 FR 43255, August 10,
                                                                                                       1999);                                                is soliciting public comment on the
                                                                                                          • is not an economically significant               proposed changes. The proposed
                                                 4 In this final rulemaking action, EPA also
                                                                                                       regulatory action based on health or                  revisions primarily affect certain
                                               approved the District’s infrastructure SIPs for the
                                               2008 ozone and 2010 SO2 NAAQS with the                  safety risks subject to Executive Order               regulatory requirements to be audited
                                               exception of the transport elements in                  13045 (62 FR 19885, April 23, 1997);                  pursuant to LSC regulations. In
                                               110(a)(2)(D)(i)(I).
                                                                                                          • is not a significant regulatory action           addition, the LSC OIG is proposing to
                                                 5 For EPA’s explanation of its ability to act on
                                                                                                       subject to Executive Order 13211 (66 FR               include for audit certain regulatory
                                               discrete elements of section 110(a)(2), see EPA’s
                                               proposed rulemaking action regarding approval of        28355, May 22, 2001);                                 requirements which impact recipient
                                               portions of the District’s infrastructure SIP              • is not subject to requirements of                staff’s involvement in the outside
                                                                                                                                                             practice of law. Finally, suggested audit
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                                               submissions for the 2008 ozone NAAQS and the            Section 12(d) of the National
                                               2010 NO2 and SO2 NAAQS; 80 FR 2865 (January                                                                   procedures for several regulations have
                                               21, 2015).                                              Technology Transfer and Advancement
                                                 6 The District’s June 6, 2014 submittal included      Act of 1995 (15 U.S.C. 272 note) because              been updated and revised for
                                               recent air quality monitoring data for the states       application of those requirements would               clarification and simplification
                                               surrounding or bordering the District within a 50       be inconsistent with the CAA; and                     purposes.
                                               kilometer radius, which are Maryland and Virginia.
                                               The 50 kilometers radius is the standard distance
                                                                                                          • does not provide EPA with the                    DATES: All comments and
                                               for modeling analysis in EPA’s Guideline on Air         discretionary authority to address, as                recommendations must be received by
                                               Quality Models (Appendix W to 40 CFR part 51).          appropriate, disproportionate human                   January 4, 2016.


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                                               75848                  Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Proposed Rules

                                               ADDRESSES:   The proposed LSC OIG                       to the IPAs in accomplishing this task.               CFR parts 1609 (fee generating cases);
                                               Compliance Supplement for Audits of                     Pursuant to 45 CFR part 1641, IPAs are                1611 (eligibility); 1614 (private attorney
                                               LSC Recipients is available at https://                 subject to suspension, removal, and/or                involvement); 1626 (restrictions on legal
                                               www.oig.lsc.gov/images/pdfs/ipa_                        debarment for not following OIG audit                 assistance to aliens); and to a lesser
                                               resources/DRAFT_2015_Compliance                         guidance as set out in the Compliance                 extent, 1635 (timekeeping requirement).
                                               _Supplement_for_Audits_of_LSC_                          Supplement for Audits of LSC                          Other summaries contain relatively
                                               Recipients.pdf.                                         Recipients. Since the last revision of the            minor revisions. The proposed
                                                 You may submit comments by any of                     LSC OIG’s Compliance Supplement for                   summaries follow the existing law and
                                               the following methods:                                  Audits of LSC Recipients, LSC has                     LSC regulations. The proposed
                                                 • Email: aramirez@oig.lsc.gov.                        significantly revised and updated                     suggested audit procedures for each of
                                                 • Fax: (202) 337–6616.                                several regulations. These revisions and              these sections have been revised and
                                                 • Mail: Legal Services Corporation                    updates, including the corresponding                  updated to incorporate and take into
                                               Office of Inspector General, 3333 K                     changes to suggested audit guidance                   consideration the regulatory changes.
                                               Street NW., Washington, DC 20007.                       provided to the IPAs, must be reflected                 The LSC OIG proposes to revise the
                                                 Instructions: All comments should be                  accurately in the Compliance                          case sampling methodology by reducing
                                               addressed to Anthony M. Ramirez,                        Supplement for Audits of LSC                          criteria utilized in the case selection
                                               Office of the Inspector General, Legal                  Recipients. A summary of the proposed                 process. The proposed changes are
                                               Services Corporation. Include ‘‘2015                    changes follows.                                      intended to clarify and simplify the
                                               Compliance Supplement’’ as the                            The LSC OIG has included regulatory                 process.
                                               heading or subject line for all comments                requirements under 45 CFR part 1604 in
                                               submitted.                                                                                                      The LSC OIG proposes to update and
                                                                                                       the Compliance Supplement for Audits                  revise suggested audit procedures for
                                               FOR FURTHER INFORMATION CONTACT:                        of LSC Recipients. The proposed                       the regulations. The proposed updates
                                               Anthony M. Ramirez,                                     inclusion sets forth the requirements                 and revisions are intended for
                                               aramirez@oig.lsc.gov, (202) 295–1668.                   dealing with the permissibility of                    clarification and simplification
                                               SUPPLEMENTARY INFORMATION: The                          recipient staff engaged in the outside                purposes and to provide added
                                               purpose of the Compliance Supplement                    practice of law. We have proposed                     emphasis on internal controls.
                                               for Audits of LSC Recipients is to set                  suggested audit guidance for use by the
                                               forth the LSC regulatory requirements to                IPAs.                                                   Dated: December 1, 2015.
                                               be audited by the Independent Public                      The LSC OIG made major revisions to                 Stefanie K. Davis,
                                               Accountants (‘‘IPA’’) as part of the                    several regulatory summaries to reflect               Assistant General Counsel.
                                               recipients’ annual financial statement                  LSC’s revisions to its regulations.                   [FR Doc. 2015–30643 Filed 12–3–15; 8:45 am]
                                               audit and to provide suggested guidance                 Revised summaries include those for 45                BILLING CODE 7050–01–P
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Document Created: 2015-12-14 13:52:48
Document Modified: 2015-12-14 13:52:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed changes and request for comments.
DatesAll comments and recommendations must be received by January 4, 2016.
ContactAnthony M. Ramirez, [email protected], (202) 295-1668.
FR Citation80 FR 75847 
CFR Citation45 CFR 1604
45 CFR 1609
45 CFR 1611
45 CFR 1614
45 CFR 1626
45 CFR 1635

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