5620 Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Rules and Regulations 

other party shall be served by electronic 

mail (e-mail), if possible. If the other 

party does not have the ability to receive 

electronic service, the other party shall 

be notified by telephone of the 

substance of the transmitted document 

and a copy of the document shall be 

served by personal service no later than 

the next day, by overnight delivery 

service, or, with the permission of the 

party receiving the document, by 

facsimile transmission. 

Dated: Washington, DC, January 23, 2009. 

By Direction of the Board. 

Lester A. Heltzer, 

Executive Secretary. 

[FR Doc. E9–1832 Filed 1–29–09; 8:45 am] 

BILLING CODE 7545–01–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: The Legal Services 

Corporation (‘‘Corporation’’) is required 

by law to establish maximum income 

levels for individuals eligible for legal 

assistance. This document updates the 

specified income levels to reflect the 

annual amendments to the Federal 

Poverty Guidelines as issued by the 

Department of Health and Human 

Services. 

DATES: Effective Date: This rule is 

effective as of January 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mattie Cohan, Senior Assistant General 

Counsel, Legal Services Corporation, 

3333 K St., NW., Washington, DC 20007; 

(202) 295–1624; mcohan@lsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

1007(a)(2) of the Legal Services 

Corporation Act (‘‘Act’’), 42 U.S.C. 

2996f(a)(2), requires the Corporation to 

establish maximum income levels for 

individuals eligible for legal assistance, 

and the Act provides that other 

specified factors shall be taken into 

account along with income. 

Section 1611.3(c) of the Corporation’s 

regulations establishes a maximum 

income level equivalent to one hundred 

and twenty-five percent (125%) of the 

Federal Poverty Guidelines. Since 1982, 

the Department of Health and Human 

Services has been responsible for 

updating and issuing the Federal 

Poverty Guidelines. The revised figures 

for 2009 set out below are equivalent to 

125% of the current Federal Poverty 

Guidelines as published on January 23, 

2009 (74 FR 4199). 

In addition, LSC is publishing charts 

listing income levels that are 200% of 

the Federal Poverty Guidelines. These 

charts are for reference purposes only as 

an aid to grant recipients in assessing 

the financial eligibility of an applicant 

whose income is greater than 200% of 

the applicable Federal Poverty 

Guidelines amount, but less than 200% 

of the applicable Federal Poverty 

Guidelines amount (and who may be 

found to be financially eligible under 

duly adopted exceptions to the annual 

income ceiling in accordance with 

sections 1611.3, 1611.4 and 1611.5). 

List of Subjects in 45 CFR Part 1611 

Grant programs—Law, Legal services. 

■ For reasons set forth above, 45 CFR 

part 1611 is amended as follows: 

PART 1611—ELIGIBILITY 

■ 1. The authority citation for part 1611 

continues to read as follows: 

Authority: Secs. 1006(b)(1), 1007(a)(1) 

Legal Services Corporation Act of 1974, 42 

U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2). 

■ 2. Appendix A to part 1611 is revised 

to read as follows: 

Appendix A to Part 1611—Legal 

Services Corporation 2009 Poverty 

Guidelines * 

Size of household 

48 contiguous 

states and the 

District of 

Columbia 

Alaska Hawaii 

1 ....................................................................................................................................... $13,538 $16,913 $15,575 

2 ....................................................................................................................................... 18,213 22,763 20,950 

3 ....................................................................................................................................... 22,888 28,613 26,325 

4 ....................................................................................................................................... 27,563 34,463 31,700 

5 ....................................................................................................................................... 32,238 40,313 37,075 

6 ....................................................................................................................................... 36,913 46,163 42,450 

7 ....................................................................................................................................... 41,588 52,013 47,825 

8 ....................................................................................................................................... 46,263 57,863 53,200 

For each additional member of the household in excess of 8, add ............................... 4,675 5,850 5,375 

* The figures in this table represent 125% of the poverty guidelines by household size as determined by the Department of Health and Human 

Services. 

REFERENCE CHART—200% OF DHHS FEDERAL POVERTY GUIDELINES

Size of household 

48 contiguous 

states and the 

District of 

Columbia 

Alaska Hawaii 

1 ....................................................................................................................................... $21,660 $27,060 $24,920 

2 ....................................................................................................................................... 29,140 36,420 33,520 

3 ....................................................................................................................................... 36,620 45,780 42,120 

4 ....................................................................................................................................... 44,100 55,140 50,720 

5 ....................................................................................................................................... 51,580 64,500 59,320 

6 ....................................................................................................................................... 59,060 73,860 67,920 

7 ....................................................................................................................................... 66,540 83,220 76,520 

8 ....................................................................................................................................... 74,020 92,580 85,120 

For each additional member of the household in excess of 8, add ............................... 7,480 9,360 8,600 


erowe on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / Rules and Regulations 5621 

Victor M. Fortuno, 

Vice President for Legal Affairs, General 

Counsel & Corporate Secretary. 

[FR Doc. E9–1851 Filed 1–29–09; 8:45 am] 

BILLING CODE 7050–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 22, and 52 

[FAC 2005–29, Amendment–2; FAR Case 

2007–013; Docket 2008–0001; Sequence 3] 

RIN 9000–AK91 

Federal Acquisition Regulation; FAR 

Case 2007–013, Employment Eligibility 

Verification 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Amendment to final rule; delay 

of applicability date. 

SUMMARY: The Department of Defense, 

General Services Administration, and 

National Aeronautics and Space 

Administration have agreed to delay the 

applicability date of FAR Case 2007– 

013, Employment Eligibility 

Verification, to May 21, 2009. 

DATES: Applicability Date: The 

applicability date of FAC 2005–29, 

Amendment–1, published January 14, 

2009, 74 FR 1937, is delayed until May 

21, 2009. 

Contracting officers shall not include 

the new clause at 52.222–54, 

Employment Eligibility Verification, in 

any solicitation or contract prior to the 

applicability date of May 21, 2009. 

On or after May 21, 2009, contracting 

officers— 

• Shall include the clause in 

solicitations, in accordance with the 

clause prescription at 22.1803 and FAR 

1.108(d)(1); and 

• Should modify, on a bilateral basis, 

existing indefinite-delivery/indefinitequantity contracts in accordance with 

FAR 1.108(d)(3) to include the clause 

for future orders if the remaining period 

of performance extends beyond 

November 21, 2009, and the amount of 

work or number of orders expected 

under the remaining performance 

period is substantial. 

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat at (202) 501–4755 for 

further information pertaining to status 

or publication schedule. Please cite FAC 

2005–29 (delay of applicability date). 

SUPPLEMENTARY INFORMATION: This 

document extends to May 21, 2009, the 

applicability date of the E-Verify rule, in 

order to permit the new Administration 

an adequate opportunity to review the 

rule. 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005–29, Amendment-2, is issued under 

the authority of the Secretary of 

Defense, the Administrator of General 

Services, and the Administrator for the 

National Aeronautics and Space 

Administration. 

The Federal Acquisition Regulation 

(FAR) contained in FAC 2005–29 is 

effective January 19, 2009, and 

applicable May 21, 2009. 

Dated: January 27, 2009. 

Linda W. Neilson, 

Deputy Director, Defense Procurement 

(Defense Acquisition Regulations System). 

Dated: January 26, 2009 

Rodney P. Lantier, 

Acting Senior Procurement Executive & 

Acting Deputy Chief Acquisition Officer, 

Office of the Chief Acquisition Officer, U.S. 

General Services Administration. 

Dated: January 26, 2009. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. E9–2060 Filed 1–27–09; 4:15 pm] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 090115024–9027–01] 

RIN 0648–XM80 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: The Assistant Administrator 

for Fisheries (AA), NOAA, announces 

temporary restrictions consistent with 

the requirements of the Atlantic Large 

Whale Take Reduction Plan’s 

(ALWTRP) implementing regulations. 

These regulations apply to lobster trap/ 

pot and anchored gillnet fishermen for 

15 days in an area totaling 

approximately 1,725 nm2 (5,917 km2) 

east of Portsmouth, New Hampshire. 

The purpose of this action is to provide 

protection to an aggregation of North 

Atlantic right whales (right whales). 

DATES: Effective beginning at 0001 hours 

February 2, 2009, through 2400 hours 

February 17, 2009. 

ADDRESSES: Copies of the proposed and 

final Dynamic Area Management (DAM) 

rules, Environmental Assessments 

(EAs), Atlantic Large Whale Take 

Reduction Team (ALWTRT) meeting 

summaries, and progress reports on 

implementation of the ALWTRP may 

also be obtained by writing Diane 

Borggaard, NMFS/Northeast Region, 55 

Great Republic Drive, Gloucester, MA 

01930. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS/Northeast 

Region, 978–281–9300 x6503; or Kristy 

Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. 

Background 

The ALWTRP was developed 

pursuant to section 118 of the Marine 

Mammal Protection Act (MMPA) to 

reduce the incidental mortality and 

serious injury of three endangered 

species of whales (right, fin, and 

humpback) due to incidental interaction 

with commercial fishing activities. In 

addition, the measures identified in the 

ALWTRP would provide conservation 

benefits to a fourth species (minke), 

which are neither listed as endangered 

nor threatened under the Endangered 

Species Act (ESA). The ALWTRP, 

implemented through regulations 

codified at 50 CFR 229.32, relies on a 

combination of fishing gear 

modifications and time/area closures to 

reduce the risk of whales becoming 

entangled in commercial fishing gear 

(and potentially suffering serious injury 

or mortality as a result). 

On January 9, 2002, NMFS published 

the final rule to implement the 

ALWTRP’s DAM program (67 FR 1133). 

On August 26, 2003, NMFS amended 

the regulations by publishing a final 

rule, which specifically identified gear 

modifications that may be allowed in a 

DAM zone (68 FR 51195). The DAM 

program provides specific authority for 

NMFS to restrict temporarily on an 

expedited basis the use of lobster trap/ 

pot and anchored gillnet fishing gear in 

order to protect right whales and is 


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