[Federal Register Volume 79, Number 45 (Friday, March 7, 2014)]
[Proposed Rules]
[Pages 13017-13022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05008]


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LEGAL SERVICES CORPORATION

45 CFR Part 1626


Restrictions on Legal Assistance to Aliens

AGENCY: Legal Services Corporation.

ACTION: Proposed program letter.

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SUMMARY: This proposed program letter serves as a companion to 45 CFR 
part 1626. The proposed program letter should have been published in 
the Federal Register with the further notice of proposed rulemaking 
(FNPRM) on February 5, 2014, 79 FR 6859. LSC seeks comments on the 
proposed program letter. Additional information on the request for 
comments is located in the SUPPLEMENTARY INFORMATION section.

DATES: Comments on the proposed program letter are due April 7, 2014.

ADDRESSES: Written comments must be submitted to Stefanie K. Davis, 
Assistant General Counsel, Legal Services Corporation, 3333 K Street 
NW., Washington, DC 20007; (202) 337-6519 (fax) or 
[email protected]. Electronic submissions are preferred via email 
with attachments in Acrobat PDF format. Written comments sent to any 
other address or received after the end

[[Page 13018]]

of the comment period may not be considered by LSC.

FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General 
Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 
20007, (202) 295-1563 (phone), (202) 337-6519 (fax), 
[email protected]

SUPPLEMENTARY INFORMATION: In 2003, LSC added a list of documents 
establishing the eligibility of aliens for legal assistance from LSC 
funding recipients as an appendix to part 1626. 68 FR 55540, Sept. 26, 
2003. The appendix has not changed since 2003, although immigration 
documents and forms have changed and Congress has authorized LSC 
recipients to provide legal assistance to new categories of eligible 
aliens. LSC believes that the frequently changing nature of immigration 
documents and forms requires a more flexible and responsive means of 
informing recipients of the changes than the informal rulemaking 
process provides. Consequently, in a notice of proposed rulemaking 
published on August 21, 2013, LSC announced its intention to remove the 
appendix to part 1626 and publish the information contained in the 
appendix as a program letter. 78 FR 51696, Aug. 21, 2013. Because the 
initial revision of the appendix and reclassification as a program 
letter is a change to the regulation, it is being done pursuant to the 
LSC rulemaking protocol. As such, LSC is publishing the program letter 
in the Federal Register for public comment.
    LSC published a FNPRM on February 5, 2014 proposing requesting 
comment on additional revisions to part 1626. 79 FR 6859, Feb. 5, 2014. 
The proposed program letter was intended to accompany the FNPRM. The 
comment period for this program letter will remain open for thirty days 
from the date of publication of the letter in the Federal Register. 
Because this document does not affect the substance of the FNPRM, the 
deadline for comments on the FNPRM will remain March 7, 2014.

Draft Program Letter []

TO: All LSC Program Directors
FROM: James J. Sandman, President
DATE: [ ], 2014
SUBJECT: Alien Eligibility under LSC Regulation Part 1626
    LSC published a final rule revising 45 C.F.R. Part 1626, 
``Restrictions on Legal Assistance to Aliens,'' on [DATE]. Revised Part 
1626 was published without the Appendix. The information contained in 
the Appendix will be published instead as a Program Letter and an 
accompanying chart describing the categories of aliens eligible for 
legal assistance from LSC recipients and containing a non-exhaustive 
list of examples of acceptable documentation showing eligibility under 
Part 1626. These documents should be read together with Part 1626 in 
making eligibility determinations.

Documentation

    The documents identified as acceptable to establish eligibility 
fall into one of two categories: 1) documents regarding the immigration 
status of an alien; or 2) documents providing evidence that the alien 
has experienced qualifying abuse or otherwise meets the requirements of 
45 C.F.R. Sec.  1626.4 regarding the Violence Against Women Act (VAWA) 
and other anti-abuse statutes.

Special Considerations

    Victims of trafficking are covered by different provisions of 45 
C.F.R. Sec.  1626.4 depending on the nature of the trafficking 
activity. Recipients should determine whether an alien is a victim of 
trafficking under VAWA or section 101(a)(15)(U) of the Immigration and 
Nationality Act, or a victim of severe forms of trafficking under the 
Trafficking Victims Protection Act, 22 U.S.C. Sec.  7101 et seq. The 
facts of an alien's situation may indicate that the alien is eligible 
for assistance under one or more of these statutes.
    Eligibility for assistance based on qualifying for a U-visa or 
being a victim of severe forms of trafficking requires consideration of 
other statutory factors in addition to the qualifying crime. See 8 
U.S.C. Sec.  1101(a)(15)(U); 22 U.S.C. Sec.  7105(b)(1)(C). Recipients 
must document that an alien meets all relevant statutory factors.

Additional Resources

    If you have any questions or concerns regarding this Program Letter 
or for further guidance, please contact LSC General Counsel Ronald S. 
Flagg. Additional information regarding the documentation contained in 
the chart can be found at the U.S. Customs and Immigration Service Web 
site (http://www.uscis.gov) and at the Anti-Trafficking in Persons 
Division of the Office of Refugee Resettlement within the Department of 
Health and Human Services Web site (http://www.acf.hhs.gov/programs/orr/programs/anti-trafficking).

                           Alien Eligibility for Representation by LSC-Funded Programs
----------------------------------------------------------------------------------------------------------------
                                                                   Regulatory
                                            Statutory           authorization of
           Alien category                 authorization       eligibility in 45 CFR     Verification documents
                                                                    part 1626
----------------------------------------------------------------------------------------------------------------
Lawful Permanent Resident..........  8 U.S.C. 1101(a)(20)..  Sec.   1626.5(a)......  (1) Alien Registration
                                                                                      Receipt Card: Form I-551
                                                                                      or Form I-151; or
                                                                                     (2) Memorandum of Creation
                                                                                      of Record of Lawful
                                                                                      Permanent. Residence: Form
                                                                                      I-181 with approval stamp;
                                                                                      or
                                                                                     (3) Passport bearing
                                                                                      immigrant visa or stamp
                                                                                      indicating admission for
                                                                                      lawful permanent
                                                                                      residence; or
                                                                                     (4) Order granting
                                                                                      residency or adjustment of
                                                                                      status; or
                                                                                     (5) Permit to Reenter the
                                                                                      United States: Form I-327;
                                                                                      or
                                                                                     (6) Arrival/Departure
                                                                                      Record: CBP Form I-94 with
                                                                                      stamp indicating admission
                                                                                      for lawful permanent
                                                                                      residence; or

[[Page 13019]]

 
                                                                                     (7) Any verification of
                                                                                      lawful permanent residence
                                                                                      in the U.S. to include any
                                                                                      one of the following:
                                                                                      authoritative document
                                                                                      from the United States
                                                                                      Immigration and
                                                                                      Naturalization Service
                                                                                      (INS);\1\ or the
                                                                                      Department of Homeland
                                                                                      Security (DHS), including
                                                                                      online or email
                                                                                      verification.
Spouse of a U.S. citizen, or a       8 U.S.C. Sec.  Sec.     Sec.   1626.5(b)......  (1) Proof of filing of a
 parent of a U.S. citizen, or an      1158(b)(3), 1255,                               qualifying application for
 unmarried child under 21 of U.S.     1255a, 1259.                                    adjustment of status to
 citizen; and who has filed an                                                        permanent residency, which
 application for adjustment of                                                        may include one or more of
 status to lawful permanent                                                           the following: a fee
 resident.                                                                            receipt or an online or
                                                                                      email printout showing
                                                                                      that the application was
                                                                                      filed with the INS prior
                                                                                      to 2003, U.S. Citizenship
                                                                                      and Immigration Service
                                                                                      (USCIS), the Department of
                                                                                      Homeland Security (DHS),
                                                                                      or the immigration court;
                                                                                      or a filing stamp showing
                                                                                      that the application was
                                                                                      filed; or a grant of a fee
                                                                                      waiver for such
                                                                                      application, a biometrics
                                                                                      appointment notice
                                                                                      indicating such pending
                                                                                      application, a printout
                                                                                      from the USCIS online
                                                                                      service, or a copy of the
                                                                                      application accompanied by
                                                                                      a notarized statement
                                                                                      signed by the alien that
                                                                                      such form was filed; and
                                                                                     (2) Proof of relationship
                                                                                      to U.S. citizen, which may
                                                                                      include one or more of the
                                                                                      following: a copy of the
                                                                                      person's marriage
                                                                                      certificate accompanied by
                                                                                      proof of the spouse's U.S.
                                                                                      citizenship; or a copy of
                                                                                      the birth certificate,
                                                                                      baptismal certificate,
                                                                                      adoption decree, or other
                                                                                      document demonstrating the
                                                                                      individual is under the
                                                                                      age of 21, accompanied by
                                                                                      proof that the
                                                                                      individual's parent is a
                                                                                      U.S. citizen; or a copy of
                                                                                      Petition for Alien
                                                                                      Relative: Form I-130, or
                                                                                      Petition for American,
                                                                                      Widow(er) or Special
                                                                                      Immigrant: Form I-360
                                                                                      containing information
                                                                                      demonstrating the
                                                                                      individual is related to
                                                                                      such U.S. citizen,
                                                                                      accompanied by proof of
                                                                                      filing.
Asylee.............................  8 U.S.C. Sec.   1158..  Sec.   1626.5(c)......  (1) Arrival/Departure
                                                                                      Record: Form I-94 or
                                                                                      passport stamped
                                                                                      ``asylee'' or ``Sec.
                                                                                      208''; or
                                                                                     (2) Order granting asylum
                                                                                      from INS \2\, DHS,
                                                                                      immigration judge, the
                                                                                      Board of Immigration
                                                                                      Appeals (BIA), or federal
                                                                                      court; or
                                                                                     (3) Refugee Travel
                                                                                      Document: Form I-571; or
                                                                                     (4) Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B \3\ or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 coded ``8 CFR
                                                                                      Sec.
                                                                                      274a.12(a)(5)(asylee)'' or
                                                                                      ``A5''; or
                                                                                     (5) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
Refugee............................  8 U.S.C. Sec.   1157..  Sec.   1626.5(c)......  (1) Arrival/Departure
                                                                                      Record: Form I-94 or
                                                                                      passport stamped
                                                                                      ``refugee'' or ``Sec.
                                                                                      207''; or
                                                                                     (2) Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B \4\ or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 coded ``8 CFR
                                                                                      Sec.
                                                                                      274a.12(a)(3)(refugee)''
                                                                                      or ``A3'' or ``8 CFR Sec.
                                                                                       274a.12(a)(4) (paroled
                                                                                      refugee)'' or ``A4''; or
                                                                                     (3) Refugee Travel
                                                                                      Document: Form I-571; or
                                                                                     (4) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.

[[Page 13020]]

 
Individual Granted Withholding of    8 U.S.C. Sec.           Sec.   1626.5(e)......  (1) Arrival/Departure
 Deportation, Exclusion, or Removal.  1231(b)(3)                                      Record: Form I-94 stamped
                                      (withholding of                                 ``Sec.   243(h)'' or
                                      removal); former INA                            ``Sec.   241(b)(3)''; or
                                      section 243(h)                                 (2) Order granting
                                      (withholding of                                 withholding of deportation/
                                      deportation or                                  deferral of removal from
                                      exclusion).                                     DHS, U.S. Immigration and
                                                                                      Customs Enforcement (ICE),
                                                                                      immigration court, BIA, or
                                                                                      federal court; or
                                                                                     (3) Temporary Resident
                                                                                      Card: Form I-688 \5\ or
                                                                                      Employment Authorization
                                                                                      Document: Form I-766 coded
                                                                                      ``8 CFR Sec.
                                                                                      274a.12(a)(10)
                                                                                      (withholding of
                                                                                      deportation)'' or ``A10'';
                                                                                      or
                                                                                     (4) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online email verification.
Conditional Entrant................  8 U.S.C. 1153(a)(7)     Sec.   1626.5(d)......  (1) Arrival/Departure
                                      \6\.                                            Record: Form I-94 or
                                                                                      passport stamped
                                                                                      ``conditional entrant'';
                                                                                      or
                                                                                     (2) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
Special Agricultural Worker          8 U.S.C. 1160.........  Sec.   1626.10(d).....  (1) Temporary Resident
 Temporary Resident.                                                                  Card: Form I-688 \7\, I-
                                                                                      688A, Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B \8\, or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 indicating
                                                                                      issuance under INA Sec.
                                                                                      210 (or under 8 C.F.R.
                                                                                      Sec.   274a.12(a)(2) or
                                                                                      coded ``A2,'' with other
                                                                                      evidence indicating
                                                                                      eligibility under INA Sec.
                                                                                        210); or
                                                                                     (2) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
H-2A Temporary Agricultural Worker.  8 U.S.C. Sec.           Sec.   1626.11(a).....  (1) Arrival/Departure
                                      1101(a)(15)(H).                                 Record: Form I-94 or
                                                                                      passport stamped ``H-2A'';
                                                                                      or
                                                                                     (2) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
H-2B Temporary Non-Agricultural      8 U.S.C. Sec.           Sec.   1626.11(b).....  (1) Arrival/Departure
 Worker.                              1101(a)(15)(H).                                 Record: Form I-94 or
                                                                                      passport stamped ``H-2B''
                                                                                      and evidence that the
                                                                                      worker is employed in
                                                                                      forestry; or
                                                                                     (2) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
Aliens subjected to battery,         Pub. L. 104-208, Div.   Sec.   1626.4(c)(1),    (1) A decision or other
 extreme cruelty, sexual assault,     A, Tit. V, Sec.         (c)(2).                 authoritative document
 or trafficking.                      502(a)(2)(C), 110                               from INS, DHS, USCIS,
                                      Stat. 2009, 3009-60;                            immigration judge, BIA,
                                      Pub. L. 109-162, Sec.                           federal or state court
                                        164, 119 Stat.                                finding or verifying that
                                      2960, 2978..                                    a person has been a victim
                                                                                      of the qualifying abuse;
                                                                                      or
                                                                                     (2) An affidavit or unsworn
                                                                                      written statement made by
                                                                                      the alien; a written
                                                                                      summary of a statement or
                                                                                      interview of the alien
                                                                                      taken by others, including
                                                                                      the recipient; a report or
                                                                                      affidavit from police,
                                                                                      judges, and other court
                                                                                      officials, medical
                                                                                      personnel, school
                                                                                      officials, clergy, social
                                                                                      workers, other social
                                                                                      service agency personnel;
                                                                                      an order of protection or
                                                                                      other legal evidence of
                                                                                      steps taken to end the
                                                                                      qualifying abuse; evidence
                                                                                      that a person sought safe
                                                                                      haven in a shelter or
                                                                                      similar refuge from the
                                                                                      qualifying abuse;
                                                                                      photographs; documents or
                                                                                      other evidence of a series
                                                                                      of acts that establish a
                                                                                      pattern of qualifying
                                                                                      abuse; or
                                                                                     (3) An application for
                                                                                      administrative or judicial
                                                                                      relief including an
                                                                                      assertion that the
                                                                                      applicant has been a
                                                                                      victim of the qualifying
                                                                                      abuse, but only if such
                                                                                      application is accompanied
                                                                                      or supplemented by any of
                                                                                      the evidence described in
                                                                                      the preceding paragraph
                                                                                      (2).

[[Page 13021]]

 
Victims of severe forms of           22 U.S.C. Sec.          Sec.   1626.4(c)(3)...  (1) An affidavit or unsworn
 trafficking.                         7105(b)(1)(B).                                  written statement made by
                                                                                      the alien; a written
                                                                                      summary of a statement or
                                                                                      interview of the alien
                                                                                      taken by others, including
                                                                                      the recipient; a report or
                                                                                      affidavit from police,
                                                                                      judges, and other court
                                                                                      officials, medical
                                                                                      personnel, school
                                                                                      officials, clergy, social
                                                                                      workers, other social
                                                                                      service agency personnel;
                                                                                      an order of protection or
                                                                                      other legal evidence of
                                                                                      steps taken to end the
                                                                                      severe forms of
                                                                                      trafficking; evidence that
                                                                                      a person sought safe haven
                                                                                      in a shelter or similar
                                                                                      refuge from the severe
                                                                                      forms of trafficking;
                                                                                      photographs; documents or
                                                                                      other evidence of a series
                                                                                      of acts that establish a
                                                                                      pattern of severe forms of
                                                                                      trafficking; or
                                                                                     (2) An application for
                                                                                      administrative or judicial
                                                                                      relief including an
                                                                                      assertion that the
                                                                                      applicant has been a
                                                                                      victim of severe forms of
                                                                                      trafficking, but only if
                                                                                      such application is
                                                                                      accompanied or
                                                                                      supplemented by any of the
                                                                                      evidence described in the
                                                                                      preceding paragraph (1);
                                                                                      or
                                                                                     (3) Certification letter
                                                                                      from the U.S. Department
                                                                                      of Health and Human
                                                                                      Services (HHS); or
                                                                                     (4) Telephonic verification
                                                                                      of certification by
                                                                                      calling the HHS
                                                                                      trafficking verification
                                                                                      line, (202) 401-5510, or
                                                                                      (866) 401-5510.
Minor victims of severe forms of     22 U.S.C. Sec.          Sec.   1626.4(c)(3)...  (1) Eligibility letter from
 trafficking.                         7105(b)(1)(B).                                  HHS; or
                                                                                     (2) Interim Eligibility
                                                                                      Letter from HHS; or
                                                                                     (3) An affidavit or unsworn
                                                                                      written statement made by
                                                                                      the alien; a written
                                                                                      summary of a statement or
                                                                                      interview of the alien
                                                                                      taken by others, including
                                                                                      the recipient; a report or
                                                                                      affidavit from police,
                                                                                      judges, and other court
                                                                                      officials, medical
                                                                                      personnel, school
                                                                                      officials, clergy, social
                                                                                      workers, other social
                                                                                      service agency personnel;
                                                                                      an order of protection or
                                                                                      other legal evidence of
                                                                                      steps taken to end severe
                                                                                      forms of trafficking;
                                                                                      evidence that the alien
                                                                                      sought safe haven in a
                                                                                      shelter or similar refuge
                                                                                      from severe forms of
                                                                                      trafficking; photographs;
                                                                                      documents or other
                                                                                      evidence of a series of
                                                                                      acts that establish a
                                                                                      pattern of severe forms of
                                                                                      trafficking; or
Certain family members of victims    22 U.S.C. Sec.          Sec.   1626.4(c)(3)...  (1) Application for
 of severe forms of trafficking       7105(b)(1)(B).                                  Immediate Family Member of
 (``derivative T-visa holders'').                                                     T-1 Recipient: Form I-914,
                                                                                      Supplement A; or
                                                                                     (2) Notice of Action: Form
                                                                                      I-797, visa, Arrival/
                                                                                      Departure Form: Form I-94,
                                                                                      or passport stamped T-2, T-
                                                                                      3, T-4, or T-5, or T-6; or
                                                                                     (3) Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 coded
                                                                                      ``(c)(25)''; or
                                                                                     (4) Documentary evidence
                                                                                      showing that the primary
                                                                                      applicant for immigration
                                                                                      relief is a victim of
                                                                                      severe forms of
                                                                                      trafficking as described
                                                                                      above; and credible
                                                                                      evidence showing that the
                                                                                      alien is a qualified
                                                                                      family member of the
                                                                                      primary applicant.
Aliens qualified for a U-visa......  Pub. L. 109-162, Sec.   Sec.   1626.4(c)(4)...  (1) Petition for U
                                       164, 119 Stat. 2960,                           Nonimmigrant Status: Form
                                      2978; 8 U.S.C. Sec.                             I-918; or
                                      1101(a)(15)(U).                                (2) Petition for Immediate
                                                                                      Family Member of U-1
                                                                                      Recipient: Form I-918,
                                                                                      Supplement A; or
                                                                                     (3) Notice of Action: Form
                                                                                      I-797, visa, Arrival/
                                                                                      Departure Record: Form I-
                                                                                      94, or passport stamped U-
                                                                                      1, U-2, U-3, U-4, or U-5;
                                                                                      or
                                                                                     (4) Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 coded
                                                                                      ``(a)(19)'' (principal) or
                                                                                      ``(a)(20)'' (derivative);
                                                                                      or
                                                                                     (5) A decision or other
                                                                                      authoritative document
                                                                                      from INS, DHS, USCIS,
                                                                                      immigration judge, BIA,
                                                                                      federal or state court
                                                                                      finding or verifying that
                                                                                      a person qualifies for a U-
                                                                                      visa; or

[[Page 13022]]

 
                                                                                     (6) An affidavit or unsworn
                                                                                      written statement made by
                                                                                      the alien; a written
                                                                                      summary of a statement or
                                                                                      interview of the alien
                                                                                      taken by others, including
                                                                                      the recipient; a report or
                                                                                      affidavit from police,
                                                                                      judges, and other court
                                                                                      officials, medical
                                                                                      personnel, school
                                                                                      officials, clergy, social
                                                                                      workers, other social
                                                                                      service agency personnel;
                                                                                      an order of protection or
                                                                                      other legal evidence of
                                                                                      steps taken to end the
                                                                                      qualifying abuse; evidence
                                                                                      that the alien sought safe
                                                                                      haven in a shelter or
                                                                                      similar refuge from the
                                                                                      qualifying abuse;
                                                                                      photographs; documents or
                                                                                      other evidence of a series
                                                                                      of acts that establish a
                                                                                      pattern of qualifying
                                                                                      abuse; or
                                                                                     (7) An application for
                                                                                      administrative or judicial
                                                                                      relief including an
                                                                                      assertion that the
                                                                                      applicant qualifies for a
                                                                                      U-visa, but only if such
                                                                                      application is accompanied
                                                                                      or supplemented by any of
                                                                                      the evidence described in
                                                                                      the preceding paragraph
                                                                                      (6); or
                                                                                     (8) Documentary evidence
                                                                                      showing that the primary
                                                                                      applicant for immigration
                                                                                      relief qualifies for a U-
                                                                                      visa as described above;
                                                                                      and credible evidence
                                                                                      showing that the alien is
                                                                                      a qualified family member
                                                                                      of the primary applicant.
----------------------------------------------------------------------------------------------------------------
\1\ For any immigration status document obtained prior to March 1, 2003.
\2\ Supra note 1.
\3\ Dated before April 3, 2009.
\4\ Supra note 3.
\5\ Supra note 3.
\6\ As in effect prior to April 1, 1980.
\7\ Infra note 3.
\8\ Infra note 3.


    Dated: March 4, 2014.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2014-05008 Filed 3-6-14; 8:45 am]
BILLING CODE 7050-01-P