14382 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

40 CFR Part 52

[NM22–1–7103b; FRL–5709–7]

Approval and Promulgation of

Implementation Plan for New Mexico:

General Conformity Rules

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rulemaking.

SUMMARY: This action proposes to

approve a revision to the New Mexico

State Implementation Plan (SIP) for the

State of New Mexico that contains

general conformity rules. Specifically,

the general conformity rules, if

approved, will enable the New Mexico

Environment Department to review

conformity of all Federal actions (See 40

CFR part 51, subpart W—Determining

Conformity of General Federal Actions

to State or Federal Implementation

Plans) with the control strategy SIPs

submitted for the nonattainment and

maintenance areas within the State

outside the boundaries of Bernalillo

County. This proposed action would

streamline the conformity process and

allow direct consultation among

agencies at the local levels. The Federal

actions by the Federal Highway

Administration and Federal Transit

Administration (under Title 23 U.S.C. or

the Federal Transit Act) are covered by

the transportation conformity rules

under 40 CFR part 51, subpart T—

Conformity to State or Federal

Implementation Plans of Transportation

Plans, Programs, and Projects

Developed, Funded or Approved Under

Title 23 U.S.C. or the Federal Transit

Act.

The EPA is proposing to approve this

SIP revision under sections 110(k) and

176 of the Clean Air Act (the Act). The

rationale for the proposed approval and

other information are provided in the

Final Rule Section of this Federal

Register.

In the Final Rules Section of this

Federal Register, the EPA is approving

this General Conformity SIP revision as

a direct final rulemaking without prior

proposal because the EPA views this

action as noncontroversial and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If the EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this action. Any parties

interested in providing comments on

this action should do so at this time.

DATES: Comments on this proposed rule

must be received in writing and

postmarked by April 25, 1997.

ADDRESSES: Copies of the New Mexico

General Conformity SIP and other

relevant information are available for

inspection during normal business

hours at the following locations.

Interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air Planning Section (6PDL),

Multimedia Planning and Permitting

Division, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Dallas, Texas 75202, Telephone: (214)

665–7214.

Air Quality Bureau, New Mexico

Environment Department, 1190 St.

Francis Drive, Santa Fe, New Mexico

87502, Telephone: (505) 827–0042.

FOR FURTHER INFORMATION CONTACT: Mr.

J. Behnam, P.E.; Air Planning Section

(6PDL), Multimedia Planning and

Permitting Division, Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202, Telephone

(214) 665–7247.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

rule which is located in the Rules

Section of this Federal Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Particulate matter, Volatile organic

compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 4, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–7689 Filed 3–25–97; 8:45 am]

BILLING CODE 6560–50–P

LEGAL SERVICES CORPORATION

45 CFR Part 1639

Welfare Reform

AGENCY: Legal Services Corporation.

ACTION: Proposed rule.

SUMMARY: Part 1639 was published on

August 29, 1996, as an interim rule with

a request for comments. The interim

rule was intended to implement a

provision in the Legal Services

Corporation’s (‘‘Corporation’’ or ‘‘LSC’’)

FY 1996 appropriations act which

restricts recipients from initiating legal

representation or challenging or in any

way participating in an effort to reform

a Federal or State welfare system.

Although this restriction has been

retained under the Corporation’s FY

1997 appropriations act, recently

enacted Federal legislation has changed

the status of the Federal welfare system.

In light of this change in law, the

Corporation requests comments on a

proposed revised version of the interim

rule. The interim rule remains effective,

however, until a final version has been

adopted and published by the

Corporation.

DATES: Comments must be submitted on

or before April 25, 1997.

ADDRESSES: Comments should be

submitted to the Office of the General

Counsel, Legal Services Corporation,

750 First Street NE., 11th Floor,

Washington, DC 20002–4250.

FOR FURTHER INFORMATION CONTACT:

Victor M. Fortuno, General Counsel

(202) 336–8910.

SUPPLEMENTARY INFORMATION: The Board

of Directors (‘‘Board’’) of the Legal

Services Corporation adopted an interim

rule on July 20, 1996, for publication in

the Federal Register with a request for

comments. The interim rule was

published and became effective on

August 29, 1996. See 61 FR 45757. The

interim rule implements § 504(a)(16) of

the Corporation’s FY 1996

appropriations act, Pub. L. 104–134, 110

Stat. 1321 (1996), which restricts

recipients of LSC funds from initiating

legal representation or participating in

efforts to reform a Federal or State

welfare system.

Subsequent to the adoption of the

interim rule by the Board, Congress

enacted and the President signed the

Personal Responsibility and Work

Opportunity Reconciliation Act of 1996,

110 Stat. 2105 (1996) ( ‘‘Personal

Responsibility Act’’). The Board’s

Operations and Regulations Committee

(‘‘Committee’’) held public hearings on

the interim rule on December 13, 1996,

and March 7, 1997. At the March

meeting, the Committee adopted

proposed revisions to the definitions in

the interim rule to incorporate most

provisions of the Personal

Responsibility Act and requested that

the proposed revisions be published for

public comment. For comparison

purposes, the interim rule can be found

at 61 FR 45757 (Aug. 29, 1996).

The version of the rule in this

publication has no force of law and is

submitted only as a proposed revised

version of the interim rule which, if

published as final, would replace the
Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14383

interim rule. The interim version of the

rule remains controlling law until

replaced by a final rule adopted and

published by the Corporation.

A discussion of the proposed

revisions to the interim rule is provided

below.

Section 1639.2 Definitions

The interim rule defined Federal or

State welfare system to include Federal

and State AFDC programs under Title

IV–A of the Social Security Act, 42

U.S.C. 601 et seq. and provisions

enacted by Congress or a State to replace

or modify these programs, such as Title

I of the Personal Responsibility Act. The

proposed revision continues this

definition and specifically incorporates

Title I of the Personal Responsibility

Act, which replaced the AFDC program

with the Temporary Assistance for

Needy Family (‘‘TANF’’) Block Grant.

Also included in the definition would

be any components or requirements

from other public benefit or human

services programs that are part of the

AFDC program, such as requirements of

establishment of paternity and

cooperation with child support

enforcement. In addition, it would also

include State changes in the AFDC

program and State efforts to implement

TANF, as well as State efforts to

eliminate AFDC and replace it with a

new program (for example, the

Wisconsin Works program). Federal or

State welfare system would also include

any State AFDC programs or their

replacements which are continued

under TANF and are being conducted

under waivers granted by the

Department of Health and Human

Services, pursuant to § 1115 of the

Social Security Act or other enacted

legislation.

Written comments supported the

definition in the interim rule. However,

the Committee seeks comments on the

revised definition, which incorporates

all other provisions of the Personal

Responsibility Act, except for the Child

Support provisions in Title III, and is

proposed to respond to stated

congressional concerns. Upon

consideration of the legislative history

of the Corporation’s FY 1996

appropriations act and the entire

welfare reform debate, including the

debate over the Gramm Amendment to

the Senate Welfare Reform bill, the

Committee proposes this new definition

as more accurately implementing the

intent of Congress.

The proposed revised definition does

not include the changes in the Child

Support Enforcement Program

provisions in Title III of the Personal

Responsibility Act, because there are

significant differences between these

provisions and the other provisions in

the Personal Responsibility Act.

Congress intended to restrict

participation in efforts to reform welfare

systems, and the child support program

is not a welfare program. The child

support program is basically a law

enforcement program conducted by the

courts and administrative agencies

which has two main activities: (1)

Establishing paternity and support

obligations, and (2) enforcing support

orders. No public benefits are paid to

families participating in the IV–D

system. The only money that is paid to

families is private support payments

collected from noncustodial parents. In

addition, more than half of the families

participating in the IV–D system are

non-welfare, working families, and 75%

of child support collections made by the

IV–D system go to non-welfare families.

Finally, although the statutory provision

refers to seeking relief from a welfare

agency, in some states the child support

program is run by the state attorney

general’s office or state revenue

department, not by a welfare agency.

Before adopting a final rule, the

Corporation specifically seeks

comments on whether all of the

provisions of the Personal

Responsibility Act should be included

within the definition of Federal or State

welfare system and on the practical

effect that including other provisions of

the Personal Responsibility Act will

have on the representation of eligible

clients. Comments are solicited also on

the proposal to exclude the Child

Support provisions.

The revised definition continues to

include State General Assistance,

General Relief, Direct Relief, Home

Relief or similar state means-tested

programs for basic subsistence which

operate with State funding or under

State mandate, and new programs

enacted by States to replace or modify

these programs.

Federal or State welfare system does

not include provisions in Federal

programs which were not amended by

the Personal Responsibility Act. Such

programs as the Job Training

Partnership Act, Medicaid, Medicare,

Unemployment Insurance, Veterans

Benefits, and Social Security would not

be included within the definition of

Federal or State welfare system under

the proposed changes, since they were

not amended by the Personal

Responsibility Act.

This proposed version makes no

changes to the definition of Reform of a

Federal or State welfare system.

The term existing law was defined in

the interim rule to include only Federal,

State or local statutory laws or

ordinances. Written comments on the

interim rule generally supported this

definition, although several pointed out

that the definition did not make clear

that laws or ordinances included within

the definition were limited to those

enacted to reform a Federal or State

welfare system. The interim rule’s

definition also did not include

regulations having the force and effect

of law. This revised version provides

that existing law includes regulations

having the force and effect of law as

well as laws and ordinances. It also

clarifies that an existing law is one

enacted to reform a Federal or State

welfare system. The Corporation will

consider comments on whether

regulations should be included within

the definition of existing law and the

effect which the inclusion of regulations

will have on the representation of

eligible clients.

List of Subjects in 45 CFR Part 1639

Grant programs; Legal services;

Welfare reform.

For reasons set forth in the preamble,

LSC proposes to revise 45 CFR part 1639

to read as follows:

PART 1639—WELFARE REFORM

Sec.

1639.1 Purpose.

1639.2 Definitions.

1639.3 Prohibition.

1639.4 Permissible representation of

eligible clients.

1639.5 Exceptions for public rulemaking

and responding to requests with nonLSC funds.

1639.6 Recipient policies and procedures.

Authority: 42 U.S.C. 2996g(e); Pub. L. 104–

208, 110 Stat. 3009; Pub. L. 104–134, 110

Stat. 1321.

§ 1639.1 Purpose.

The purpose of this rule is to ensure

that LSC recipients do not initiate

litigation, challenge or participate in

efforts to reform a Federal or State

welfare system. The rule also clarifies

when recipients may engage in

representation on behalf of an

individual client seeking specific relief

from a welfare agency and under what

circumstances recipients may use funds

from sources other than the Corporation

to comment on public rulemaking or

respond to requests from legislative or

administrative officials involving a

reform of a Federal or State welfare

system.

§ 1639.2 Definitions.

(a)(1) Federal or State welfare system

as used in this part means:

(i) the Federal and State AFDC

program under Title IV–A of the Social
14384 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

Security Act as amended by the

Personal Responsibility Work

Opportunity Reconciliation Act of 1996,

110 Stat. 2105 (1996), and new

programs or provisions enacted by

Congress or the States to replace or

modify these programs, including State

AFDC programs conducted under

Federal waiver authority;

(ii) all other provisions of the Personal

Responsibility Work Opportunity

Reconciliation Act of 1996, 110 Stat.

2105 (1996), except for the Child

Support provisions of Title III; and

(iii) General Assistance or similar

State means-tested programs conducted

by States or by counties with State

funding or under State mandates, and

new programs or provisions enacted by

States to replace or modify these

programs;

(2) Federal or State welfare system

does not include other public benefit

programs, unless changes to such

programs are part of a reform of the

AFDC or General Assistance programs.

(b) Reform of a Federal or State

welfare system as used in this part

means a legislative or administrative

effort to change key components of the

Federal or State welfare system,

including laws and regulations that

implement the changes.

(c) Existing law as used in this part

means Federal, State or local statutory

laws, ordinances or regulations having

the force and effect of law, which are

enacted to reform a Federal or State

welfare system.

§ 1639.3 Prohibition.

Except as provided in §§ 1639.4 and

1639.5, recipients may not initiate legal

representation, or participate in any

other way in litigation, lobbying or

rulemaking involving efforts to reform a

Federal or State welfare system.

Prohibited activities include

participation in:

(a) Litigation challenging laws or

regulations enacted as part of a reform

of a Federal or State welfare system.

(b) Rulemaking involving proposals

that are being considered to implement

a reform of a Federal or State welfare

system.

(c) Lobbying or other advocacy before

legislative or administrative bodies

undertaken directly or through

grassroots efforts involving pending or

proposed legislation that is part of a

reform of a Federal or State welfare

system.

(d) Litigation or other advocacy

undertaken with regard to the granting

or denying of State requests for Federal

waivers of Federal requirements for

AFDC.

§ 1639.4 Permissible representation of

eligible clients.

Recipients may represent an

individual eligible client who is seeking

specific relief from a welfare agency, if

such relief does not involve an effort to

amend or otherwise challenge existing

law in effect on the date of the initiation

of the representation.

§ 1639.5 Exceptions for public rulemaking

and responding to requests with non-LSC

funds.

Consistent with the provisions of 45

CFR 1612.6 (a)–(e), recipients may use

non-LSC funds to comment in a public

rulemaking proceeding or respond to a

written request for information or

testimony from a Federal, State or local

agency, legislative body, or committee,

or a member thereof, regarding an effort

to reform a Federal or State welfare

system.

§ 1639.6 Recipient policies and

procedures.

Each recipient shall adopt written

policies and procedures to guide its staff

in complying with this part.

Dated: March 21, 1997.

Victor M. Fortuno,

General Counsel.

[FR Doc. 97–7662 Filed 3–25–97; 8:45 am]

BILLING CODE 7050–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–97, RM–9047]

Radio Broadcasting Services; Mt.

Juliet and Belle Meade, TN

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Mt.

Juliet Broadcasting, Inc., permittee of

Station WNPL(FM), Channel 294A, Mt.

Juliet, Tennessee, proposing the

reallotment of Channel 294A from Mt.

Juliet to Belle Meade, Tennessee, and

modification of Station WNPL(FM)’s

construction permit to specify Belle

Meade as its community of license.

Channel 294A can be allotted to Belle

Meade in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 13.6 kilometers. The

coordinates for Channel 294A at Belle

Meade are 36–11–08 NL and 86–45–15

WL.

DATES: Comments must be filed on or

before May 12, 1997, and reply

comments on or before May 27, 1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: David E. Honig, Esq.,

Holland & Knight LLP, 2100

Pennsylvania Avenue, NW, Suite 400,

Washington, DC 20037–3202 (Counsel

for Petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–97, adopted March 12, 1997, and

released March 21, 1997. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Center (Room 239), 1919 M

Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 2100 M Street, NW, Suite 140,

Washington, DC 20037.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–7708 Filed 3–25–97; 8:45 am]

BILLING CODE 6712–01–P