This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

6813 

Vol. 75, No. 28 

Thursday, February 11, 2010 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0569; FRL–9112–1] 

Approval of Air Quality Implementation 

Plans; New Mexico; Albuquerque/ 

Bernalillo County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving 

revisions to the State Implementation 

Plan (SIP) submitted by the Governor of 

New Mexico on May 24, 2006. The 

revisions address Title 20 of the New 

Mexico Administrative Code, Chapter 

11, Part 102 (denoted 20.11.102 NMAC), 

which apply to oxygenated fuels in the 

Albuquerque/Bernalillo County area. 

The revisions include editorial and 

substantive changes that clarify the 

requirements under 20.11.102 NMAC. 

We are approving these revisions in 

accordance with the requirements of 

section 110 of the Clean Air Act (the 

Act). 

DATES: The Direct final rule will be 

effective April 12, 2010 without further 

notice unless EPA receives adverse 

comments by March 15, 2010. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit comments, 

identified by Docket ID number EPA– 

R06–OAR–2006–0569, by one of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

• U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the persons 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7242. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays 

except legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Please include the text 

‘‘Public comment on Docket ID number 

EPA–R06–OAR–2006–0569’’ in the 

subject line of the first page of your 

comments. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

e-mail that you consider to be CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through http://www.regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection (during official 

business hours by appointment) at the 

City of Albuquerque, Environmental 

Health Department, One Civic Plaza, 

Albuquerque, New Mexico 87102. 

FOR FURTHER INFORMATION CONTACT: 

Inquiries on this rulemaking should be 

directed to Ms. Carrie Paige, Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6521; fax number 214–665– 

7263; e-mail address 

paige.carrie@epa.gov or Mr. Bill Deese, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–7253; fax number 214–665– 

7263; e-mail address 

deese.william@epa.gov. 


cprice-sewell on DSK2BSOYB1PROD with RULES
6814 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations 

1See 70 FR 41963. 

SUPPLEMENTARY INFORMATION: In this 

document, ‘‘we,’’ ‘‘our,’’ and ‘‘us’’ means 

EPA. 

Outline 

I. What Action Is EPA Taking? 

II. Background 

III. Summary of Changes to the New Mexico 

SIP 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

Today we are approving revisions to 

the New Mexico SIP, submitted by the 

Governor of New Mexico on May 24, 

2006. The revisions address 20.11.102 

NMAC, which apply to the Oxygenated 

Fuels program in the Albuquerque/ 

Bernalillo County area. The revisions 

include editorial and substantive 

changes that clarify the requirements 

under 20.11.102 NMAC; the deletion of 

an obsolete procedures manual and 

references to it; and the addition of 

language from the deleted procedures 

manual to address inventory, 

recordkeeping, sampling and analysis 

procedures, and enforcement. We are 

approving these revisions in accordance 

with the requirements of section 110 of 

the Act. 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no relevant adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, we are publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

relevant adverse comments are received. 

This rule will be effective on April 12, 

2010 without further notice unless we 

receive relevant adverse comment by 

March 15, 2010. If we receive relevant 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

II. Background 

The SIP is a set of air pollution 

regulations, control strategies, and 

technical analyses developed by the 

state to ensure that the state meets the 

National Ambient Air Quality Standards 

(NAAQS). These ambient standards are 

established under section 109 of the Act 

and they currently address six criteria 

pollutants: carbon monoxide, lead, 

nitrogen dioxide, ozone, particulate 

matter, and sulfur dioxide. The SIP is 

required by Section 110 of the Act and 

can be extensive, containing state 

regulations or other enforceable 

documents and supporting information 

such as emission inventories, 

monitoring networks, and modeling 

demonstrations. 

The Albuquerque/Bernalillo County 

area was designated as a moderate 

nonattainment area for carbon 

monoxide (CO) on November 6, 1991 

(see 56 FR 56694). As a moderate 

nonattainment area for CO, the area had 

to meet several new requirements, one 

of which was to implement an 

oxygenated fuels (oxyfuels) program, to 

reduce emissions of CO in automobile 

exhaust. The Albuquerque/Bernalillo 

County area oxyfuels program was 

submitted by the state and subsequently 

approved by EPA on November 29, 1993 

(58 FR 62535). On April 14, 1995, the 

Governor of New Mexico submitted a 

request to EPA to redesignate to 

attainment the Albuquerque/Bernalillo 

County CO nonattainment area, which 

we approved on June 13, 1996 (61 FR 

29970). On July 21, 2005,1 we approved 

revisions to the New Mexico SIP 

pertaining to the second 10-year carbon 

monoxide (CO) maintenance plan for 

the Albuquerque/Bernalillo County 

area, including revisions to 20.11.102 

NMAC, which address the oxyfuels 

program. 

The May 24, 2006 submittal 

incorporates additional revisions to 

20.11.102 NMAC. The rules in this 

submittal were promulgated in 

compliance with the NM Air Quality 

Control Act and Albuquerque/Bernalillo 

County Air Quality Control Board 

(AQCB) ordinances, published in the 

New Mexico Register, the official state 

publication for rulemaking actions, and 

submitted in accordance with the 

requirements in 40 CFR part 51. For 

more detail, see the 2006 submittal in 

the docket for this rulemaking and our 

Technical Support Document (TSD), 

also in the docket. 

III. Summary of Changes to the New 

Mexico SIP 

A. 20.11.102.2, Scope 

Revisions to this section include 

nonsubstantive revisions and the 

inclusion of language that excepts 

Indian lands from the scope of the rule. 

This exception is appropriate as neither 

the City of Albuquerque nor Bernalillo 

County have jurisdiction over Indian 

lands. 

B. 20.11.102.3, Statutory Authority 

Revisions to this section include 

clarifying edits and corrections to 

references to state and county rules that 

provide authority to adopt rules. These 

revisions are not substantive and update 

statutory and regulatory authority 

provisions. 

C. 20.11.102.7, Definitions 

Revisions to this section include 

clarifying edits, inserting the correct 

formula for the molecular composition 

of ethanol, and removing a reference to 

the oxygenated fuels procedures 

manual. Two definitions were added: 

‘‘Vehicle pollution management 

division’’ (VPMD) and ‘‘Winter pollution 

season.’’ These revisions delete obsolete 

references, identify the department 

responsible for administering 20.11.102 

NMAC, and identify the beginning and 

end dates for the annual winter 

pollution season. 

D. 20.11.102.9, Savings Clause 

Revisions to this section include 

clarifying edits and removing references 

to the oxygenated fuels procedures 

manual. These revisions delete obsolete 

references and are not substantive. 

E. 20.11.102.10, Severability 

Revisions to this section provide 

clarification and are not substantive. 

F. 20.11.102.11, Documents 

Revisions to this section provide 

clarification and are not substantive. 

G. 20.11.102.12, Oxygenated Fuels 

Revisions to this section include 

clarifying edits, identify the annual 

program duration as the winter 

pollution season, and delete a reference 

to methyl tertiary butyl ether (MTBE) as 

an oxygenate approved for use in the 

oxygenated fuels program. The removal 

of MTBE is not a weakening of the SIP, 

because the rule still specifies blending 

ethanol. This revision merely removes 

one of the choices available to comply 

with the rule. 

Revisions to this section also add the 

headings of inventory, recordkeeping, 

sampling, analysis, and enforcement, 

and delete redundant text. The language 

inserted under each of these headings is 

taken from the old oxygenated fuels 

procedures manual; references to the 

procedures manual are being removed 

from the SIP in today’s action. The 2006 

revisions also add labeling provided by 

the VPMD, rather than the retail facility, 

which provides for a standardized and 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations 6815 

consistent labeling protocol. References 

to appropriate American Society for 

Testing and Materials (ASTM) methods 

are provided under the heading for 

analysis. A range of fines and schedule 

of corrective actions, including closure, 

is added under the heading for 

enforcement. 

The revisions to 20.11.102.12 NMAC 

provide more specificity to the rules, 

thus strengthen the SIP. 

H. 20.11.102.13, Oxygenated Fuels 

Procedures Manual 

The 2006 revisions to 20.11.102.13 

NMAC revoke the entire section. 

Language relevant to inventory, 

recordkeeping, sampling, analysis, and 

enforcement was taken from the old 

procedures manual and inserted into the 

SIP; see paragraph (G) above. By 

deleting references to the procedures 

manual and incorporating the specific 

headings and text into the SIP, the SIP 

becomes more comprehensive and 

straightforward. 

I. 20.11.102.14, Contingency Measure 

The current SIP provides for an 

increase in the minimum oxygen 

content of the fuel, should the area 

violate the CO NAAQS. The 2006 

revisions delete this language and 

provide for an increase in the minimum 

oxygen content of the fuel, should the 

area exceed 85 percent of the CO 

NAAQS. Should the contingency 

measure be triggered, the oxygen 

content by weight will be increased 

from 2.7 percent to 3.0 percent. These 

revisions to 20.11.102.14 NMAC 

strengthen the SIP. 

IV. Final Action 

We are approving revisions to the 

New Mexico SIP submitted to EPA on 

May 24, 2006, which address 20.11.102 

NMAC and apply to oxygenated fuels in 

the Albuquerque/Bernalillo County 

area. The revisions include editorial and 

substantive changes that clarify and 

strengthen 20.11.102 NMAC, sections 2, 

3, 7, and 9–14. The revisions are 

consistent with the Act and EPA policy. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 12, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Reporting 

and recordkeeping requirements, 

Volatile Organic Compounds. 

Dated: January 15, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart GG—New Mexico 

■ 2. The second table in § 52.1620(c) 

entitled, ‘‘EPA Approved Albuquerque/ 

Bernalillo County, NM Regulations,’’ is 

amended by revising the entry for part 

102 to read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

* * * * * 


cprice-sewell on DSK2BSOYB1PROD with RULES
6816 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations 

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS

State citation Title/subject 

State approval/ 

effective 

date 

EPA approval date Explanation 

* * * * * * * 

New Mexico Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11—Albuquerque/Bernalillo County Air Quality 

Control Board 

* * * * * * * 

Part 102 (20.11.102 NMAC) Oxygenated Fuels ................. 12/11/2005 2/11/2010 [Insert FR page 

number where document 

begins]. 

* * * * * * * 

[FR Doc. 2010–2792 Filed 2–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

LEGAL SERVICES CORPORATION 

45 CFR Parts 1609, 1610, and 1642 

Attorneys’ Fees; Fee-Generating 

Cases; Use of Non-LSC Funds, 

Transfers of LSC Funds, Program 

Integrity 

AGENCY: Legal Services Corporation. 

ACTION: Interim final rule and request 

for comments. 

SUMMARY: LSC is repealing its regulatory 

prohibition on the claiming of, and the 

collection and retention of attorneys’ 

fees pursuant to Federal and State law 

permitting or requiring the awarding of 

such fees. This action is taken in 

accordance with the elimination on the 

statutory prohibition on attorneys’ fees 

in LSC’s FY 2010 appropriation 

legislation. LSC is also moving 

provisions on accounting for and use of 

attorneys’ fees and acceptance of 

reimbursements from clients from Part 

1642 (which is being eliminated) to Part 

1609 of LSC’s regulations. LSC is also 

making technical changes to Part 1609 

and Part 1610 of its regulations to 

remove cross references to the obsolete 

statutory and regulatory citations. 

DATES: This Interim Final Rule is 

effective March 15, 2010. Comments on 

this Interim Final Rule are due on 

March 15, 2010. 

ADDRESSES: Written comments may be 

submitted by mail, fax or e-mail to 

Mattie Cohan, Senior Assistant General 

Counsel, Office of Legal Affairs, Legal 

Services Corporation, 3333 K Street, 

NW., Washington, DC 20007; 202–295– 

1624 (ph); 202–337–6519 (fax); 

mcohan@lsc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mattie Cohan, Senior Assistant General 

Counsel, 202–295–1624 (ph); 

mcohan@lsc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

LSC’s FY 1996 appropriation 

legislation provided that none of the 

funds appropriated in that Act could be 

used to provide financial assistance to 

any person or entity (which may be 

referred to in this section as a recipient) 

that claims (or whose employee claims), 

or collects and retains, attorneys’ fees 

pursuant to any Federal or State law 

permitting or requiring the awarding of 

such fees. Section 504(a)(13), Public 

Law 104–134, 110 Stat. 1321 (April 26, 

1996). Since appropriations legislation 

expires with the end of the Fiscal Year 

to which it applies, for the statutory 

restriction on attorneys’ fees to remain 

in place by statute, it needed to be, and 

was, carried forth in each subsequent 

appropriation law by reference. See, 

e.g., Consolidated Appropriations Act, 

2009, Public Law 111–8, 123 Stat. 524 

(March 11, 2009). 

LSC adopted regulations found in 

1996 and 1997 which implemented the 

statutory attorneys’ fees restriction. 45 

CFR part 1642; 61 FR 45762 (August 29, 

1996); 62 FR 25862 (May 12, 1997). The 

attorneys’ fees regulation restates the 

basic prohibition on claiming or 

collecting and retaining attorneys’ fees, 

providing that except as permitted by 

§ 1642.4 (providing exceptions cases 

filed prior to the prohibition and for 

cases undertaken by private attorneys 

providing pro bono services in 

connection with a recipient’s private 

attorney involvement program), no 

recipient or employee of a recipient may 

claim, or collect and retain attorneys’ 

fees in any case undertaken on behalf of 

a client of the recipient. 46 CFR 1642.3. 

The regulation provides further 

guidance to recipients by, among other 

things, providing a regulatory definition 

of attorneys’ fees; setting forth rules for 

the applicability of the restriction to 

private attorneys providing legal 

assistance to a recipient’s private 

attorney involvement program; and 

providing express authority to 

recipients to accept reimbursements of 

costs from a client. The regulation also 

sets forth rules for the accounting for 

and use of those attorneys’ fees which 

recipients are not prohibited from 

claiming, collecting or retaining. 

On December 16, 2009 President 

Obama signed the Consolidated 

Appropriations Act of 2010 into law. 

Public Law 111–117. This act provides 

LSC’s appropriation for FY 2010. Like 

its predecessors, this law incorporates 

the various restrictions first imposed by 

the FY 1996 legislation by reference. 

However, section 533 of that same law 

also provides that Section 504(a) of the 

Departments of Commerce, Justice, and 

State, the Judiciary, and Related 

Agencies Appropriations Act, 1996 (as 

contained in Pub. L. 104–134) is 

amended by striking paragraph (13). 

Taken together, these provisions serve 

to incorporate by reference all of the 

restrictions in section 504 of the FY 

1996 law, except for paragraph (a)(13), 

which contained the restriction on 

attorneys’ fees. As such, there is no 

current statutory restriction on LSC 

providing the money FY 2010 

appropriated to it to any recipient 

which claims, or collects and retains 

attorneys’ fees. 

The current law lifts the statutory 

restriction, but does not affirmatively 

provide recipients the right to claim or 

collect and retain attorneys’ fees, nor 

does it prohibit LSC from restricting a 

recipient’s ability to claim or collect and 

retain attorneys’ fees. As such, in 

accordance with LSC inherent 

regulatory authority, the regulation 


cprice-sewell on DSK2BSOYB1PROD with RULES