Information Inflation Can The Legal System Adapt


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Information Inflation Can The Legal System Adapt

  1. 1. 42363 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules In reviewing SIP submissions, EPA’s eligible citizens of the Federated States 13211, ‘‘Actions Concerning Regulations role is to approve state choices, of Micronesia, the Republic of the That Significantly Affect Energy Supply, provided that they meet the criteria of Marshall Islands and the Republic of Distribution, or Use’’ (66 FR 28355, May the CAA. In this context, in the absence Palau legally residing in the United 22, 2001). This proposed action merely of a prior existing requirement for the States. proposes to approve state law as State to use voluntary consensus meeting Federal requirements and The open rulemaking published DATES: standards (VCS), EPA has no authority imposes no additional requirements on September 10, 2001 (66 FR 46977) is to disapprove a SIP submission for beyond those imposed by state law. terminated as of August 2, 2007. failure to use VCS. It would thus be Redesignation of an area to attainment Comments on this NPRM are due on inconsistent with applicable law for under section 107(d)(3)(e) of the CAA September 4, 2007. EPA, when it reviews a SIP submission; does not impose any new requirements ADDRESSES: Written comments on the to use VCS in place of a SIP submission on small entities. Redesignation is an NPRM may be submitted by mail, fax or that otherwise satisfies the provisions of action that affects the status of a e-mail to Mattie Cohan, Senior Assistant the CAA. Redesignation is an action that geographical area and does not impose General Counsel, Office of Legal Affairs, affects the status of a geographical area any new regulatory requirements on Legal Services Corporation, 3333 K but does not impose any new sources. Accordingly, the Administrator Street, NW., Washington, DC 20007; requirements on sources. Thus, the certifies that this proposed rule will not 202–295–1624 (ph); 202–337–6519 (fax); requirements of section 12(d) of the have a significant economic impact on National Technology Transfer and a substantial number of small entities FOR FURTHER INFORMATION CONTACT: Advancement Act of 1995 (15 U.S.C. under the Regulatory Flexibility Act (5 Mattie Cohan, Senior Assistant General 272 note) do not apply. This proposed U.S.C. 601 et seq.). Because this rule Counsel, 202–295–1624 (ph); rule does not impose an information proposes to approve pre-existing collection burden under the provisions requirements under state law and does of the Paperwork Reduction Act of 1995 not impose any additional enforceable SUPPLEMENTARY INFORMATION: (44 U.S.C. 3501 et seq.). duty beyond that required by state law, Termination of Open Rulemaking it does not contain any unfunded List of Subjects mandate or significantly or uniquely The LSC Board of Directors identified 40 CFR Part 52 affect small governments, as described 45 CFR Part 1626 as an appropriate in the Unfunded Mandates Reform Act subject for rulemaking on January 27, Environmental protection, Air of 1995 (Pub. L. 104–4). 2001. On June 30, 2001, the LSC pollution control, Intergovernmental President and the Chair of the This proposed rule also does not have relations, Nitrogen dioxide, Ozone, Operations and Regulations Committee tribal implications because it will not Reporting and recordkeeping made a determination to proceed with have a substantial direct effect on one or requirements, Volatile organic the initiation of a Negotiated more Indian tribes, on the relationship compounds. Rulemaking to consider amendments to between the Federal Government and 40 CFR Part 81 Part 1626. In accordance with the LSC Indian tribes, or on the distribution of Environmental protection, Air Rulemaking Protocol, LSC published a power and responsibilities between the pollution control, National parks, notice in the Federal Register formally Federal Government and Indian tribes, Wilderness areas. soliciting suggestions for appointment as specified by Executive Order 13175 to the Negotiated Rulemaking Working (65 FR 67249, November 9, 2000). This Authority: 42 U.S.C. 7401 et seq. Group from the regulated community, action also does not have Federalism Dated: July 25, 2007. its clients, advocates, the organized bar implications because it does not have J.I. Palmer, Jr., and other interested parties (66 FR substantial direct effects on the states, Regional Administrator, Region 4. 46977, September 10, 2001). After on the relationship between the national [FR Doc. E7–14983 Filed 8–1–07; 8:45 am] receiving submissions of interest, a government and the states, or on the Working Group was appointed. Each distribution of power and BILLING CODE 6560–50–P organization which timely requested to responsibilities among the various participate was appointed to the levels of government, as specified in Working Group. The Working Group Executive Order 13132 (64 FR 43255, LEGAL SERVICES CORPORATION met three times without coming to August 10, 1999). This action merely 45 CFR Part 1626 consensus on several issues. affects the status of a geographical area, Subsequently, work on the 2001 does not impose any new requirements Restrictions on Legal Assistance to rulemaking was deferred in 2003 by the on sources, or allow a state to avoid Aliens previous Board of Directors pending the adopting or implementing other appointment and confirmation of the requirements and does not alter the Legal Services Corporation. AGENCY: present Board. No further action on the relationship or the distribution of power Termination of Rulemaking and ACTION: rulemaking has been taken since that and responsibilities established in the Notice of Proposed Rulemaking. time. CAA. This proposed rule also is not subject to Executive Order 13045 During the past several years as LSC SUMMARY: LSC is terminating a ‘‘Protection of Children from has considered its rulemaking agenda, rulemaking it initiated in 2001 to Environmental Health Risks and Safety neither Management nor recipients have consider broad revisions to its mstockstill on PROD1PC66 with PROPOSALS Risks’’ (62 FR 19885, April 23, 1997); suggested reinitiating work on this regulation on restrictions on legal because it is not economically broad rulemaking. As such, LSC is of assistance. Contemporaneously, LSC is significant and because the Agency does the opinion that consideration of broad initiating a new rulemaking to consider not have reason to believe that the rule revision of Part 1626 is no longer a proposal of limited scope to amend concerns an environmental health risk necessary or appropriate. Accordingly, section 1626.10(a) of this regulation to or safety risk that may with the publication of this notice LSC permit LSC grant recipients to provide disproportionately affect children. is terminating the open rulemaking. legal assistance to otherwise financially VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:FRFM02AUP1.SGM 02AUP1
  2. 2. 42364 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules On its face, this language would have termination of the trust. Under this New Notice of Proposed Rulemaking appeared to imply that all non-U.S. version of the rule, the special eligibility LSC-funded legal services providers citizens, including residents of RMI, section provided: are permitted to provide legal assistance FSM and Palau would be subject to only to citizens of the United States and (a) Micronesia. The alien restriction stated these restrictions, notwithstanding their in the appropriations acts is not applicable to aliens upon whom eligibility has been eligibility under the LSC Act. To deal the legal services program in the following expressly conferred by statute. LSC with this problem, LSC included a Pacific island entities: regulations at 45 CFR Part 1626 (1) Commonwealth of the Northern ‘‘special eligibility section’’ (§ 1626.10) implement the various existing statutory Marianas; in the implementing regulations on authorities and set forth the eligibility (2) Republic of Palau; representation of aliens, 45 CFR part standards based on citizenship and (3) Federated States of Micronesia; 1626, to exempt residents of the Trust eligible alien status. Since 1996 Part (4) Republic of the Marshall Islands Territory from the alien restrictions 1626 has limited the eligibility of All citizens of these entities are eligible to imposed by Congress. citizens of the Republic of the Marshall receive legal assistance, provided they are In 1986 the trust governing the otherwise eligible under the [LSC] Act. Islands (‘‘RMI’’) and the Federated relationship between the U.S. and the States of Micronesia (‘‘FSM’’) and the 54 FR 18812 (April 29, 1989). The Trust Territories was terminated. At that Republic of Palau to services provided preamble to the Final Rule adopting this time the former Trust Territories were in those respective nations (unless the language explained that this change was recognized as independent nations and applicant is otherwise eligible under intended to ‘‘restate[] congressional a new relationship with RMI, FSM and Part 1626). In connection with LSC’s intent that residents of these political Palau was created by the signing of two development of a 2007 Rulemaking entities be eligible to be clients of a legal Compacts of Free Association, one with Agenda, the Legal Aid Society of services program.’’ Id. at 18110. The RMI and FSM and the other with Palau. Hawai’i (LASH) and Legal Aid of special eligibility section addressing the The Compact with RMI and FSM Arkansas (LAA) have both requested FAS remained as set forth above until contemplates the provision of certain that LSC engage in rulemaking to 1996. services and programs of the U.S. to change the section 1626.10(a) to provide As a result of new statutory those nations. Specifically, section 224 for the eligibility of citizens of RMI, restrictions contained in the LSC FY of the Compact of Free Association with FSM and Palau legally residing in the 1996 appropriations legislation (Pub. L. RMI and FSM provides that: United States for legal assistance from 104–134), additional changes to Part The Government of the United States and LSC-funded programs. 1626 were made in 1996. Although the the Government of the Marshall Islands or LSC agrees that there is sufficient statutory amendments did not address the Federated States of Micronesia may agree reason and authority for LSC to amend this issue, § 1626.10(a) was again from time to time to the extension of its regulation in this regard. To that end, additional United States grant assistance, revised, this time in response to the Operations and Regulations services and programs as provided by the comments from the LSC Office of Committee of the LSC Board of Directors laws of the United States, to the Marshall Inspector General (OIG). As explained considered a Draft NPRM and the Board Islands or the Federated States of Micronesia, in the preamble to the 1996 Final Rule: of Directors approved this NPRM for respectively. The OIG suggested that both the prior rule publication and comment at their The Compact of Free Association Act and the interim rule dealt with the question respective meetings on July 28, 2007. of 1985 (‘‘CFA Act’’) (Pub. L. 99–239, of special eligibility incorrectly and urged codified at 48 U.S.C. 1901 et seq.), History of FAS Eligibility for Legal that the final rule refer only to the legal which implemented the Compact, Assistance From LSC-Funded Programs services programs serving people who were provides express authority for the citizens of those jurisdictions. The effect of At the time of the creation of LSC in this change would be to make financially provision of LSC-funded legal services. 1974, the countries that are now the eligible citizens of the Federated States of Specifically, section 105(h)(1)(A) of the sovereign nations of the Republic of the Micronesia, the Republic of the Marshall CFA Act provides that: Marshall Islands (‘‘RMI’’), the Federated Islands and the Republic of Palau only * * * pursuant to section 224 of the States of Micronesia (‘‘FSM’’), and the eligible for legal services from the recipients Compact the programs and services of the serving those areas * * *. They would not be Republic of Palau were possessions of [Legal Services Corporation] shall be made eligible for services from any other recipients the United States, known as the Trust available to the Federated States of unless they also came within one of the Territories of the Pacific Islands (‘‘the Micronesia and to the Marshall Islands. categories of eligible aliens listed in section Trust Territories’’). The LSC Act defined 1626.5 * * *. The implementing act for the the Trust Territories as a ‘‘State’’ for the Compact with Palau makes section 105 62 FR 19413 (April 21, 1997). The OIG’s purposes of the Act. The Act thus of the CFA Act applicable to the comments were based upon its conferred eligibility for LSC-funded Republic of Palau. 48 U.S.C. 1932(b).1 interpretation of the CFA Act that the legal services to Trust Territory After the signing of the respective language of the CFA Act provides residents to the same extent provided to Compacts and the corresponding authority for the provision of services residents of any other State of the implementing statutes, the FAS within those nations, but does not United States. Section 1002(8) of the remained covered by the special expressly confer individual eligibility LSC Act, 42 U.S.C. 2996a(8). eligibility section of Part 1626, In 1983, Congress placed the first for services to the citizens of those notwithstanding their change in legal statutory restrictions on representation nations without reference to where the ` status vis-a-vis their relationship with of aliens on LSC recipients in LSC’s service is to be provided. The Board the United States. In 1989 that section mstockstill on PROD1PC66 with PROPOSALS appropriations bill for that year, Public considered the matter, agreed with the of the regulation was amended to make Law 97–377. That law provided that OIG analysis, and revised § 1626.10(a) the section more precise in light of the none of the funds appropriated could be as follows. expended to provide legal assistance for This part [1626] is not applicable to 1 RMI, FSM and Palau are collectively referred to or on behalf of any alien unless the alien recipients providing services in the as the ‘‘Freely Associated States’’ or ‘‘FAS.’’ This was a resident of the U.S. and otherwise Commonwealth of the Northern Mariana designation will be used throughout the remainder met certain statutorily specified criteria. Islands, the Republic of Palau, the Federated of the supplementary information section. VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:FRFM02AUP1.SGM 02AUP1
  3. 3. 42365 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules States of Micronesia, or the Republic of the Need for Amendment of the was reported out of the Senate Marshall Islands. Regulation—FAS Citizens in the United Committee on Energy and Natural States Resources, accompanied by a written 62 FR 19413 (April 21, 1997); 45 CFR report. The operative language of the 1626.10(a). Thus, since 1996 otherwise When LSC was created in 1974, there bill and report dealing with the financially eligible residents of the FAS were probably no more than a few availability of legal assistance from LSC seeking assistance from legal services thousand Micronesians living in Guam recipients to citizens of the FAS, providers in the United States may only and Hawai’i, and a scattering in the regardless of where they are obtaining receive such assistance if they meet the continental United States. Even when those services, is the same as in last alien eligibility requirements of the first Compact was negotiated in year’s Senate bill (quoted above). A § 1626.5. 1986, there were probably still less than similar bill, H.R. 2705, has also been ten thousand Micronesians living Alternative Interpretation of the introduced in the House. As of the within U.S. territory, still mostly in Compact Act publication of this notice, both of the Guam and Honolulu. However, when bills are still pending. During the last session of Congress, the Compact was renegotiated and legislation was passed in the Senate by In addition, LSC received a letter extended in 2002 it was then known unanimous consent on September 29, dated June 1, 2007, from David Cohen, that the migration pattern was showing 2006, which would have definitively Deputy Assistant Secretary for Insular greatly increased numbers in the clarified the issue by clearly stating that Affairs at the Department of Interior. In continental United States. According to LSC services were to be available to the his letter, Deputy Assistant Secretary the Embassy of FSM there are, in citizens of the FAS. Specifically, section Cohen stated: addition to the traditionally high 5 of S.1830, provided: populations of Micronesians in Guam I can assure you that it is consistent with and Hawai’i, at least 30,000 to 40,000 Federal policy under the Compacts and the SEC. 5. AVAILABILITY OF LEGAL [implementing] public laws * * * to allow FSM citizens living or going to school SERVICES. FAS citizens lawfully resident in the United in the continental U.S. Further, LAA has Section 105(f)(1)(C) of the Compact of Free States to receive LSC services. * * * We are noted in its request to LSC for Association Amendments Act of 2003 (48 not aware of any intention to permit the U.S.C. 1921d(f)(1)(C)) is amended by rulemaking on this issue that there are extension of LSC benefits to FAS citizens in inserting before the period at the end the also 6,000 to 10,000 Marshallese living the FAS but to prevent the extension of those following: ‘‘, which shall also continue to be in Northwest Arkansas alone. benefits to FAS citizens during their lawful available to the citizens of the Federated Thus, while there was relatively little residence in the United States. States of Micronesia, the Republic of Palau, demand for legal services among FAS and the Republic of the Marshall Islands who Subsequently, representatives of LSC citizens in the United States in 1996, the legally reside in the United States (including met with the Deputy Assistant increased migration of FAS citizens to territories and possessions)’’. Secretary, several members of his staff the United States has significantly The report accompanying S.1830 and an attorney from the Department of increased the potential demand for legal explained that: State. They reiterated their services among members of that understanding of the Compact and the Section 5 clarifies that section 105(f)(1)(C) community. The inability of financially CFA Act. In particular, they explained of the CFAAA is intended to continue eligible FAS citizens in the U.S. to that the United States and the FAS eligibility for the programs and services of access legal services from LSC programs the Legal Services Corporation for FSM and countries negotiated the Compacts as assistance is a growing problem for the RMI migrants who legally reside in the essentially an aid package and that the U.S. FAS community. LASH, for United States. Legal Services Corporation Departments of Interior and State, as example, has noted that that FAS eligibility was extended by the first Compact well as the FAS nations themselves, citizens working in Hawai’i are more Act in 1986 (Pub. L. 99–239), but in 1996, consider the extension of benefits to the likely to be victims of unscrupulous without any further action by Congress, the FAS to include the extension of benefits employers because they believe that Legal Services Corporation, by rule, to FAS citizens, regardless of where terminated the eligibility of FSM and RMI such citizens have little recourse to legal those citizens are lawfully residing (in migrants. Section 104(e) of the original services to protect their employment the FAS or the United States). As an Compact Act, and of the CFAAA, state that rights. it is ‘not the intent of Congress to cause any example, they noted that the CFA Act Proposed Amendment of Section adverse consequences for an affected area,’ extends the Pell Grant (educational which are defined as Hawaii, Guam, the 1626.10(a) grants) program to the FAS and that the CNMI, and American Samoa. The Legal grants are provided to FAS citizens LSC is proposing to amend section Services Corporation is one of those regardless of whether they are attending 1626.10(a) to redesignate the existing programs which had assisted local institutions of higher education in the language in paragraph (a) as paragraph communities, in both the ‘affected areas’ and FAS or in the United States. Similarly, (a)(1) and to add a new paragraph (a)(2) in the mainland U.S., in responding to the FAS citizens are eligible for Job Corps impacts and needs of FSM and RMI citizens to read as follows: ‘‘All citizens of the services being provided in the United who were residing in U.S. communities. This Republic of Palau, the Federated States section would restore eligibility as it existed States. of Micronesia, and the Republic of the from 1986 to 1996. Marshall Islands residing in the United In light of the above, it would appear States are eligible to receive legal that LSC’s interpretation of the CFA Act, Similar legislation was introduced in assistance provided that are they while permissible, was not the only the House, but was not acted on during otherwise eligible under the Act.’’ This permissible reading and perhaps, in the course of the 109th Congress. mstockstill on PROD1PC66 with PROPOSALS language makes explicit that FAS hindsight, not the best available reading. Accordingly, there was no final citizens are eligible under Part 1626 for Moreover, LSC appears to be within its legislation enacted into law on this legal assistance and is consistent with legal authority under the law to amend subject in the last Congress. More the other eligibility provision in section § 1626.10 to permit FAS citizens to recently, on January 12, 2007, S. 283, 1626.10 addressing the eligibility of receive legal assistance anywhere LSC the Compact of Free Association Canadian-born American Indians at services are provided without requiring Amendments Act was introduced in the least 50% Indians by blood, members of independent eligibility under Part 1626. Senate. On February 15, 2007, the bill VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:FRFM02AUP1.SGM 02AUP1
  4. 4. 42366 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules impact on a substantial number of small the Texas Band of Kickapoo and foreign Proposed rule with request for ACTION: entities within the meaning of the nationals seeing assistance pursuant to comments. Regulatory Flexibility Act, 5 U.S.C. 601, the Hague Convention. 45 CFR SUMMARY: DoD is proposing to amend et seq., because the proposed rule makes 1626.10(b); 1626.10(c); and 1626.10(d). the Defense Federal Acquisition no change to payment procedures for The ‘‘otherwise eligible’’ language is Regulation Supplement (DFARS) to small business concerns. Therefore, DoD meant to refer to financial eligibility (for provide for interim payments under has not performed an initial regulatory the provision of LSC-funded legal cost-reimbursement contracts for flexibility analysis. DoD invites assistance’’) and to the permissibility of services within 30 days, instead of the comments from small businesses and the legal assistance provided under current DoD policy of making payments other interested parties. DoD also will applicable law and regulation. within 14 days. The change will not consider comments from small entities List of Subjects in 45 CFR Part 1626 apply to small business concerns. concerning the affected DFARS subparts DATES: Comments on the proposed rule Aliens, Grant programs—law, Legal in accordance with 5 U.S.C. 610. Such should be submitted in writing to the services, Migrant labor, Reporting and comments should be submitted address shown below on or before recordkeeping requirements. separately and should cite DFARS Case October 1, 2007, to be considered in the For reasons set forth above, and under 2006–D066. formation of the final rule. the authority of 42 U.S.C. 2996g(e), LSC C. Paperwork Reduction Act ADDRESSES: You may submit comments, proposes to amend 45 CFR Part 1626 as identified by DFARS Case 2006–D066, follows: The Paperwork Reduction Act does using any of the following methods: not apply, because the proposed rule • Federal eRulemaking Portal: http:// PART 1626—Restrictions on Legal does not impose any information Assistance to Aliens Follow the collection requirements that require the instructions for submitting comments. approval of the Office of Management 1. The authority citation for part 1626 • E-mail: Include and Budget under 44 U.S.C. 3501, et continues to read as follows: DFARS Case 2006–D066 in the subject seq. Authority: Pub. L. 104–208, 110 Stat 1321; line of the message. • Fax: (703) 602–7887. List of Subjects in 48 CFR Parts 216, Pub L. 104–134, 110 Stat. 3009. • Mail: Defense Acquisition 232, and 252 2. Amend § 1626.10 by revising Regulations System, Attn: Mr. John paragraph (a) to read as follows: Government procurement. McPherson, OUSD(AT&L)DPAP(CPF), Michele P. Peterson, IMD 3C132, 3062 Defense Pentagon, § 1626.10 Special eligibility questions. Washington, DC 20301–3062. Editor, Defense Acquisition Regulations (a)(1) This part is not applicable to • Hand Delivery/Courier: Defense System. recipients providing services in the Acquisition Regulations System, Crystal Commonwealth of the Northern Mariana Therefore, DoD proposes to amend 48 Square 4, Suite 200A, 241 18th Street, Islands, the Republic of Palau, the CFR Parts 216, 232, and 252 as follows: Arlington, VA 22202–3402. Federated States of Micronesia, or the 1. The authority citation for 48 CFR Comments received generally will be Republic of the Marshall Islands. Parts 216, 232, and 252 continues to posted without change to http:// (2) All citizens of the Republic of read as follows:, including any Palau, the Federated States of Authority: 41 U.S.C. 421 and 48 CFR personal information provided. Micronesia, and the Republic of the Chapter 1. FOR FURTHER INFORMATION CONTACT: Mr. Marshall Islands residing in the United John McPherson, (703) 602–0296. States are eligible to receive legal PART 216—TYPES OF CONTRACTS SUPPLEMENTARY INFORMATION: assistance provided that are they 2. Section 216.307 is added to read as otherwise eligible under the Act. A. Background follows: * * * * * DFARS 232.906 presently provides for 216.307 Contract clauses. interim payments on cost- Victor M. Fortuno, reimbursement contracts for services (a)(i) The following apply to interim Vice President and General Counsel. within 14 days after receipt of a proper payments on cost-reimbursement [FR Doc. E7–15043 Filed 8–1–07; 8:45 am] payment request. The proposed rule contracts for services: BILLING CODE 7050–01–P would revise this policy to provide for (A) For contracts with other than payment to other than small business small business concerns, insert the concerns within 30 days. The proposed standard due date of the ‘‘30th’’ day in DEPARTMENT OF DEFENSE change will allow DoD to better cash paragraph (a)(3) of the clause at FAR manage payments without having a 52.216–7. Defense Acquisition Regulations significant impact on small business (B) For contracts with small business System concerns. The proposed change is concerns, insert the ‘‘14th’’ day in consistent with the policies of other paragraph (a)(3) of the clause at FAR 48 CFR Parts 216, 232, and 252 Government agencies, which do not pay 52.216–7. in 14 days. These payments are subject (ii) For interim payments on cost- RIN 0750–AF71 to the Prompt Payment Act. reimbursement contracts for other than This proposed rule was not subject to Defense Federal Acquisition services, insert the ‘‘14th’’ day in mstockstill on PROD1PC66 with PROPOSALS Office of Management and Budget Regulation Supplement; Payments on paragraph (a)(3) of the clause at FAR review under Executive Order 12866, Cost-Reimbursement Contracts for 52.216–7. dated September 30, 1993. Services (DFARS Case 2006–D066) PART 232—CONTRACT FINANCING B. Regulatory Flexibility Act Defense Acquisition AGENCY: 3. Section 232.906 is revised to read DoD does not expect this proposed Regulations System, Department of as follows: rule to have a significant economic Defense (DoD). VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:FRFM02AUP1.SGM 02AUP1