8218 Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this rule has 

been exempted from review under 

Executive Order 12866, this rule is not 

subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000) do not apply 

to this rule. In addition, This rule does 

not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule 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 this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 1, 2008. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.636 is added to subpart 

C to read as follows: 

§ 180.636 1,3-dichloropropene; tolerances 

for residues. 

(a) General. Tolerances are 

established for the combined residues of 

the fungicide cis- and trans-1,3- 

dichloropropene and its metabolites cisand trans-3-chloroacrylic acid, and cisand trans-3-chloroallyl alcohol in or on 

the following commodities. 

Commodity Parts per 

million 

Grape ........................................ 0.018 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. E8–2480 Filed 2–12–08; 8:45 am] 

BILLING CODE 6560–50–S 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule—correction. 

SUMMARY: The Legal Services 

Corporation (‘‘Corporation’’) is required 

by law to establish maximum income 

levels for individuals eligible for legal 

assistance. On January 30, 2008 the 

Corporation issued a document 

updating the specified income levels to 

reflect the annual amendments to the 

Federal Poverty Guidelines as issued by 

the Department of Health and Human 

Services. This notice corrects a typo 

appearing in the supplementary 

information, but does not affect the 

income levels set forth in the charts. 

Specifically, in the sentence in the last 

paragraph of the SUPPLEMENTARY

INFORMATION, 73 FR 5458, Jan. 30, 2008, 

beginning ‘‘These charts are for 

references purposes * * *,’’ the first 

percentage referred to should be 

‘‘125%’’ instead of ‘‘200%.’’

DATES: Effective Date: This rule is 

effective as of January 30, 2008. 

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 2008 are equivalent to 125% of the 

current Federal Poverty Guidelines as 

published on January 23, 2008 (73 FR 

3971). 

LSC published the charts listing 

income levels that are 200% of the 

Federal Poverty Guidelines at 73 FR 

5458, Jan. 30, 2008. 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 125% of 

the applicable Federal Poverty 


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Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations 8219 

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). 

Victor M. Fortuno, 

Vice President for Legal Affairs, General 

Counsel & Corporate Secretary. 

[FR Doc. E8–2427 Filed 2–12–08; 8:45 am] 

BILLING CODE 7050–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0612243163–7151–01] 

RIN 0648–AU59 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fisheries of the Gulf of Mexico; 

Revisions to Bycatch Reduction 

Devices and Testing Protocols 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

framework procedures for adjusting 

management measures specified in 

regulations implementing the Fishery 

Management Plan for the Shrimp 

Fishery of the Gulf of Mexico (Gulf 

FMP) and the Fishery Management Plan 

for the Shrimp Fishery of the South 

Atlantic Region (South Atlantic FMP), 

NMFS issues this final rule to 

consolidate and make modifications to 

the Bycatch Reduction Device Testing 

Manuals (Manual) for the Gulf of 

Mexico and the South Atlantic regions. 

This final rule also revises the bycatch 

reduction device (BRD) certification 

criterion for the western Gulf of Mexico 

and certifies additional BRDs. The 

intended effect of this final rule is to 

improve bycatch reduction in the 

shrimp fisheries and better meet the 

requirements of national standard 9. 

DATES: This final rule is effective March 

14, 2008. 

ADDRESSES: Copies of the Final 

Regulatory Flexibility Analysis (FRFA) 

and the consolidated and revised 

Bycatch Reduction Device Testing 

Manual are available from the Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701; 

phone: 727–824–5305; fax: 727–824–

5308. 

Comments regarding the approved 

collection-of-information requirements 

contained in this final rule should be 

submitted in writing to Jason Rueter at 

the Southeast Regional Office address 

(above) and to David Rostker, Office of 

Management and Budget (OMB), by email at DavidlRostker@omb.eop.gov, 

or by fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824–

5305, fax: 727–824–5308, e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fisheries for shrimp in the exclusive 

economic zone (EEZ) of the Gulf of 

Mexico (Gulf) and the South Atlantic 

are managed under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and regulations 

at 50 CFR part 622. The regulations 

implement the Gulf FMP prepared by 

the Gulf of Mexico Fishery Management 

Council (GMFMC) and the South 

Atlantic FMP prepared by the South 

Atlantic Fishery Management Council 

(SAFMC). 

On October 12, 2007, NMFS 

published the proposed rule to revise 

the bycatch reduction device testing 

protocols for the Gulf and South 

Atlantic regions, revise the BRD 

certification criterion for the western 

Gulf, and certify additional BRDs (72 FR 

58031). Public comment on the 

proposed rule was requested through 

November 13, 2007. The rationale for 

the measures contained in this final rule 

is provided in the preamble to the 

proposed rule and is not repeated here. 

Comments and Responses 

The following is a summary of the 

comments NMFS received on the 

proposed rule and NMFS’ respective 

responses. Three comment letters were 

received during the comment period. In 

addition, a non-governmental 

organization submitted comments 

signed by 1,266 individuals in support 

of the proposed action. 

Comment 1: NMFS should implement 

the proposed changes as part of a 

comprehensive plan to address the 

significant amount of bycatch associated 

with this fishery and help end 

overfishing and rebuild the red snapper 

stock. 

Response: This rulemaking is part of 

a comprehensive plan addressing 

bycatch in the shrimp fishery and 

overfishing of the red snapper resource. 

This rulemaking to provide additional 

BRDs to the fishery will support 

additional actions taken by the GMFMC 

and NMFS. In 2006, the GMFMC 

recommended, and NMFS 

implemented, an individual fishing 

quota (IFQ) for the commercial Gulf red 

snapper fishery; in general, IFQs tend to 

help reduce fishing mortality. To better 

control overall effort in the shrimp 

fishery, the GMFMC recommended, and 

NMFS implemented, a moratorium on 

the issuance of Federal shrimp vessel 

permits. Approximately 2,000 vessels 

qualified for a moratorium permit; this 

is a substantial reduction from the 

number of vessels participating in the 

fishery in the past. In addition, the 

GMFMC recommended, and NMFS is 

currently considering several actions to 

end overfishing of red snapper by 2010 

and rebuild the stock by 2032. The 

recommended actions include a 

substantial reduction in the total 

allowable catch for the directed 

commercial and recreational red 

snapper fishery, harvesting restrictions 

to restrain the recreational fishery to its 

quota, and possible time-area closures 

for the shrimp fishery to reduce bycatch 

mortality on juvenile red snapper. 

Comment 2: The proposed changes to 

increase flexibility in the field testing 

procedures for experimental BRDs 

should substantially improve the 

practicability of the testing criteria and 

procedures that currently exist. Many of 

the changes will better allow research to 

be adapted to the real-world practical 

realities of shrimp trawling and, as a 

consequence, will encourage more 

fishermen to participate in testing new 

BRD designs and configurations. 

Response: The procedures prescribed 

for testing BRDs in the field were 

rigorous in an attempt to reduce the 

statistical uncertainty of the results. 

However, these rigorous field sampling 

procedures and the inflexible statistical 

procedures hindered the successful 

certification of several BRD designs that 

showed promise at reducing substantial 

amounts of bycatch. This discourages 

innovative developments to improve 

BRDs. 

Comment 3: Replacing the current 

tow time restrictions with a more 

realistic requirement for such 

adjustments to be reasonable will allow 

fishermen to adapt to local fishing 

conditions and successfully complete a 

test on an experimental BRD. However, 

the proposed rule indicated any tow 

time changes made during a field test 

would need to be approved by the 

Regional Administrator (RA) at the 

conclusion of the test, and the changes 

may be disapproved. There should be a 

more deliberate process for the 

applicant and NMFS to resolve what the 

acceptable limits will be on tow time 

adjustments. This should be done on a 

case-by-case basis before the testing 

begins and as part of the initial design 


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