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Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Rules and Regulations
developing written materials explaining legal rights and responsibilities; and indirect services, such as training, continuing legal education, supervision of program services, preparing and disseminating desk manuals, PAI
recruitment, referral, intake when no case is undertaken, and tracking substantive law developments.
d Restricted activities means those activities that recipients may not engage in pursuant to 45 CFR part 1610.
e Supporting activity means any action that is not a case or matter.
1635.3 Who is covered by the timekeeping requirement?

Any attorney, paralegal, or other recipient employee who performs work that is charged to one or more awards as a direct cost as defined in 45 CFR
1630.5d must keep time according to the standards set forth in 1635.4.

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1635.4 What are LSCs timekeeping standards?

a Recipients must base allocations of salaries and wages on records that accurately reflect the work performed.
These records must:
1 Be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated;
2 Be incorporated into the recipients official records by no later than the end of the employees pay period, generally every two weeks;
3 Reflect the total activity for which the recipient compensates the employee;
4 Encompass within the grantees case management system both LSCfunded and all other direct cost activities compensated by the recipient, but may include the use of subsidiary records as defined in the recipients written policies;
5 Comply with the recipients established accounting policies and practices;
6 Support the distribution of the employees salary or wages among specific activities or cost objectives if the employee works on more than one award or an indirect cost activity and a direct cost activity;
7 Contain i For cases, a unique client name or case number, the amount of time spent on the case, a description of the activities performed, and the dates on which a recipient employee worked on the case;
ii For matters or supporting activities, the amount of time and type of activity on which a recipient employee spent time and sufficient
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information to link the activity to a specific award or indirect cost amount.
For example, if a recipient employee conducts a legal information session on filing a pro se divorce petition, the employee could record pro se divorce group information session, 1.5 hours.
b In accordance with Department of Labor regulations implementing the Fair Labor Standards Act FLSA 29 CFR
part 516, charges for the salaries and wages of nonexempt employees, in addition to the supporting documentation described in this section, must also be supported by records indicating the total number of hours worked each day.
c Salaries and wages of employees used in meeting cost sharing or matching requirements of Federal awards must be supported in the same manner as salaries and wages claimed for reimbursement from Federal awards.
d Recipients may establish the increments of time for which employees must record their activities e.g., .25
hours, one-sixth of an hour. LSC
recommends that recipients require employees to record their time in increments no greater than one quarter of an hour.
e1 Any recipient employee subject to this part who works part-time for the recipient and part-time for an organization that engages in restricted activities shall certify in writing that the employee has not engaged in restricted activity during any time for which the employee was compensated by the recipient or has not used recipient resources to carry out restricted activities.
2 The certification requirement does not apply to a de minimis action related to a restricted activity. Actions consistent with the de minimis standard are those that meet all or most of the following criteria: Actions that are of little substance; require little time; are not initiated by the part-time employee;
and, for the most part, are unavoidable.
Employees shall make the required certification on a quarterly basis using a form determined by LSC.
1635.5 Who outside the recipient has access to these records?

Recipients must make time records required by this section available for examination by auditors and representatives of LSC, and by any other person or entity statutorily entitled to access to such records. LSC shall not disclose any time record except to a Federal, State, or local law enforcement official or to an official of an appropriate bar association to enable such bar association official to investigate of an
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alleged violation of the rules of professional conduct.
Dated: May 10, 2021.
Stefanie Davis, Senior Assistant General Counsel.
FR Doc. 202110137 Filed 51821; 8:45 am BILLING CODE 705001P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 648
Docket No.: 2105130105
RIN 0648BK51

Fisheries of the Northeastern United States; Framework Adjustment 33 to the Atlantic Sea Scallop Fishery Management Plan National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Interim final rule.
AGENCY:

NMFS approves and implements Framework Adjustment 33
to the Atlantic Sea Scallop Fishery Management Plan. This action is necessary to set scallop specifications and other measures for fishing years 2021 and 2022, implement measures to protect small scallops, and to reduce bycatch of flatfish. This action is intended to prevent overfishing and improve both yield-per-recruit and the overall management of the Atlantic sea scallop resource.
DATES: Effective May 19, 2021.
Comments must be received by June 18, 2021.
ADDRESSES: The New England Fishery Management Council developed an environmental assessment for this action that describes the measures in Framework Adjustment 33 and other considered alternatives and analyzes the impacts of the measures and alternatives. Copies of Framework 33, the environmental assessment, the Initial Regulatory Flexibility Analysis IRFA, and information on the economic impacts of this rulemaking are available upon request from Thomas A.
Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA 01950 and accessible via the internet in documents available at: https www.nefmc.org/
library/framework-33.
You may submit comments, identified by NOAANMFS20210033, by the following method:
SUMMARY:

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