81 FR 15409 - Notice of Proposed Buy America Waiver for Ductless Mini-Split System Air Conditioning Systems
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 55 (March 22, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 55 (March 22, 2016)
| Page Range | 15409-15410 | |
| FR Document | 2016-06416 |
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)] [Notices] [Pages 15409-15410] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06416] [[Page 15409]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA-2016-0004] Notice of Proposed Buy America Waiver for Ductless Mini-Split System Air Conditioning Systems AGENCY: Federal Transit Administration, DOT. ACTION: Notice of Proposed Buy America waiver and request for comment. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) received requests from the Indianapolis Public Transportation Corporation (IPTC) for a Buy America non-availability waiver for the procurement of an Enviroair inverter-driven ductless mini-split system air conditioner, from the York Adams Transportation Authority (YATA) for ductless split system air conditioning units, from Key West Transit (KWT) for a ductless mini-split mechanical system for the City of Key West Public Transportation Facility, and from the Springfield Redevelopment Authority (SRA) for ductless mini-split air conditioners for the Union Station Regional Intermodal Transportation Center in Springfield, Massachusetts. IPTC is constructing its Downtown Transit Center which is expected to be Leadership in Energy and Environmental Design (LEED) certified and will incorporate many sustainable and energy efficient elements. The Enviroair inverter-driven ductless mini-split system air conditioner will contribute to the building's efficiency and is essential to achieving silver LEED certification. YATA is currently constructing a new Operations and Maintenance Facility in York, Pennsylvania and seeks to install several ductless air conditioning units at the facility. KWT is finishing construction on the bus transit operation and maintenance facility, which is a U.S. Green Building Council LEED project. The building contains many sustainable and efficient elements, including a variant refrigerant flow (VRF) heating, ventilation, and air conditioning (HVAC) system. KWT seeks a waiver for this VRF ductless mini-split mechanical system because there is no domestic manufacturer. The SRA seeks a waiver for ductless mini-split air conditioners as part of the renovation of the existing Terminal Building and the construction of a six story garage at the Union Station Regional Intermodal Transportation Center, because there is no domestic manufacturer. IPIC, YATA, KWT, and SRA seek waivers for these air conditioner systems because there are no domestic manufacturers. 49 U.S.C. 5323(j)(2) and 49 CFR 661.7(c)(2). In accordance with 49 U.S.C. 5323(j)(3)(A), FTA is providing notice of the non-availability waiver requests and seeks public comment before deciding whether to grant the requests. If granted, the waivers would apply to one-time procurements only for the specific air conditioning systems identified in the waiver request. DATES: Comments must be received by March 29, 2016. Late-filed comments will be considered to the extent practicable. ADDRESSES: Please submit your comments by one of the following means, identifying your submissions by docket number FTA-2016-0004: 1. Web site: http://www.regulations.gov. Follow the instructions for submitting comments on the U.S. Government electronic docket site. 2. Fax: (202) 493-2251. 3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, Ground Floor, Room W12- 140, Washington, DC 20590-0001. 4. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must make reference to the ``Federal Transit Administration'' and include docket number FTA-2016-0004. Due to the security procedures in effect since October 2011, mail received through the U.S. Postal Service may be subject to delays. Parties making submissions responsive to this notice should consider using an express mail firm to ensure the prompt filing of any submissions not filed electronically or by hand. Note that all submissions received, including any personal information therein, will be posted without change or alteration to http://www.regulations.gov. For more information, you may review DOT's complete Privacy Act Statement in the Federal Register published April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or [email protected]. SUPPLEMENTARY INFORMATION: The purpose of this notice is to provide notice and seek public comment on whether the FTA should grant non- availability waivers to the Indianapolis Public Transportation Corporation (IPTC) for the procurement of an Enviroair inverter-driven ductless mini-split system air conditioner, to the York Adams Transportation Authority (YATA) for the procurement of ductless split system air conditioning units which are needed at the new Operations and Maintenance Facility, to Key West Transit (KWT) for the procurement of a variable refrigerant flow (VRF) ductless mini-split mechanical system, and to the Springfield Redevelopment Authority (SRA) in Springfield, Massachusetts for the procurement of nine ductless mini- split air conditioners for the Union Station Regional Intermodal Transportation Center. IPTC, YATA, KWT, and SRA requested Buy America non-availability waivers on May 5, 2015, July 26, 2015, December 2, 2015, and on March 9, 2016, respectfully. All seek non-availability waivers since none of these air conditioning systems are produced in the United States in sufficient and reasonably available quantities or of satisfactory qualities. 49 U.S.C. 5323(j)(2)(A); 49 CFR 661.7(c). By way of background, IPTC is constructing its Downtown Transit Center and the contractor and subcontractor hired for the project, Weddle Bros. Building Group, LLC and Commercial Air Inc., previously certified Buy America compliance. After awarding the contract, Commercial Air became aware that the inverter-driven ductless mini split system air conditioner selected for the center, was non- compliant. Enviroair manufactures this air conditioning system in China, although certain equipment is stocked and shipped from Utica, New York. IPTC selected the Enviroair system, which will be installed in the transit center's information technology room, because it will keep the room constantly cool and is the only way to cool the room in the space provided. IPTC also hopes to receive Silver LEED certification for the transit center and the Enviroair system is critical for achieving this certification. IPTC identified six other ductless mini-split air condition system manufacturers, all of which are manufactured abroad. YATA seeks to install multiple ductless split system air conditioning units in its Operations and Maintenance Facility. These units will regulate environmental conditions in areas with specific temperature and/or humidity requirements, such as in server rooms or elevator machine rooms, or in rooms where conventional ductwork is not possible. YATA's successful bidder certified Buy America compliance, although later learned that the units [[Page 15410]] from ECR international-EMI-USA of Utica, New York, are in fact manufactured abroad. YATA identified one ductless split system unit that is manufactured in the U.S. by Modine, however, this unit has a larger capacity than YATA's project requirements for the Operations and Maintenance Facility. Use of this unit would result in constant compressor cycling and a limited lifespan. Moreover, YATA states that it cannot use a standard split system unit as an alternative to the ductless split system, because a standard system is incapable of treating ventilation air and the required ductwork cannot be installed in locations that need environmental control. Therefore, no domestic manufacturer exists that would satisfy YATA's project needs. KWT is completing construction of its City of Key West Public Transportation Facility, which is a U.S. Green Building Council LEED project and includes many sustainable and efficient elements, including that of the HVAC system. The project consists of an 18,300 square foot bus operations and maintenance building, a 2,100 square foot bus wash building, fueling station, and parking facilities. The facility will serve as the City's transportation operations center and will provide maintenance, repair, cleaning, and bus parking facilities. The front portion of the main building includes offices for administration and operations, while the rear portion provides space for bus maintenance, repairs and cleaning, parts storage and technician amenities. According to KWT's waiver request, the HVAC system is Buy America- compliant, with the exception of the VRF mechanical system which will be placed in three of the electrical, mechanical, and server rooms in the new facility. KWT states that these rooms must be able to function separately from the main operations building. KWT also is building this facility to be LEED silver certified and the energy-efficient VRF system will help KWT attain this certification. The VRF system sought will also better accommodate spatial constraints since the new facility is surrounded by a landfill, school bus parking lot, and other construction projects. It is also located in a highly-trafficked area, which limits the footprint of the project. Unlike other HVAC systems, the ductless mini-split system will be able to fit into the available space. KWT is installing a Carrier ductless mini-split system in the facility. Before selecting this system, KWT conducted extensive research and reached out to domestic manufacturers, however, KWT was unable to find a domestically manufactured mini split air conditioning system. In fact, KWT states that it contacted the remaining America manufacturer of VRF HVAC systems and this manufacturer ceased production two years ago. As a result, KWT procured the Carrier ductless mini-split air conditioning equipment for the facility as no domestic manufacturer was available. SRA is constructing the Union Station Regional Intermodal Transportation Center, which includes renovation of the existing Terminal Building and the construction of a six story parking garage. SRA is seeking to procure nine ductless mini-split air conditioners for the construction project. Each building within the transportation center will have its own HVAC system. SRA states that it is necessary to install ductless mini-split air conditioners in each individual room in order to maintain environs in each room. The air conditioners will be independent of other heating and cooling systems and will be backed up by a generator. Initially, SRA's contractor thought that Trane's product was Buy America-compliant. Subsequently, however, Trane notified SRA that its product was mislabeled and is actually foreign- made. SRA also contacted 8 other companies who manufacture ductless mini-split air conditioners, although none of these companies manufacturer the product domestically. As a result, SRA is seeking a non-availability waiver for the ductless mini-split air conditioners as there is no domestic manufacturer. FTA also conducted a scouting search for ductless air conditioning systems through its Interagency Agreement with the U.S. Department of Commerce's National Institute of Standards and Technology (NIST). The scouting search identified two domestic manufacturers as potential matches for this opportunity: Kentuckiana Curb Company/KCC International in Louisville, Kentucky and Climate Conditioning Company, Inc./Liebert also in Louisville, Kentucky. The manufacturers identified either produce similar products to the ductless air conditioning systems, possess the capabilities to produce ductless air conditioning systems, have produced an item similar to ductless air conditioning systems in the past, or have expressed a business interest in producing ductless air conditioning systems. Upon request from FTA, IPTC and YATA reached out to these potential domestic suppliers. However, neither company manufactures the specific mini-split air conditioning systems sought and as described in this Notice. As such, IPTC and YATA are pursuing their non-availability waiver applications. FTA did not reach out to KWT or SRA as they submitted their waiver requests after scouting was complete. With certain exceptions, FTA's Buy America requirements prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless ``the steel, iron, and manufactured goods used in the project are produced in the United States.'' 49 U.S.C. 5323(j)(1). A manufactured product is considered produced in the United States if: (1) All of the manufacturing processes for the product take place in the United States; and (2) all of the components of the product are of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 49 CFR 661.5(d). If, however, FTA determines that ``the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality,'' then FTA may issue a waiver (non-availability waiver). 49 U.S.C. 5323(j)(2)(B); 49 CFR 661.7(c). The purpose of this Notice is to publish IPTC's, YATA's, KWT's, and SRA's requests and to seek public comment from all interested parties in accordance with 49 U.S.C. 5323(j)(3)(A). Comments will help FTA understand completely the facts surrounding the requests, including the merits of the requests. A full copy of the request has been placed in docket number FTA-2016-0004. Issued on March 16, 2016. Dana Nifosi, Deputy Chief Counsel. [FR Doc. 2016-06416 Filed 3-21-16; 8:45 am] BILLING CODE 4910-57-P
![Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices 15409
DEPARTMENT OF TRANSPORTATION conditioner systems because there are Public Transportation Corporation
no domestic manufacturers. 49 U.S.C. (IPTC) for the procurement of an
Federal Transit Administration 5323(j)(2) and 49 CFR 661.7(c)(2). In Enviroair inverter-driven ductless mini-
[Docket No. FTA–2016–0004] accordance with 49 U.S.C. 5323(j)(3)(A), split system air conditioner, to the York
FTA is providing notice of the non- Adams Transportation Authority
Notice of Proposed Buy America availability waiver requests and seeks (YATA) for the procurement of ductless
Waiver for Ductless Mini-Split System public comment before deciding split system air conditioning units
Air Conditioning Systems whether to grant the requests. If granted, which are needed at the new Operations
the waivers would apply to one-time and Maintenance Facility, to Key West
AGENCY: Federal Transit Administration, procurements only for the specific air Transit (KWT) for the procurement of a
DOT. conditioning systems identified in the variable refrigerant flow (VRF) ductless
ACTION: Notice of Proposed Buy America waiver request. mini-split mechanical system, and to
waiver and request for comment. DATES: Comments must be received by the Springfield Redevelopment
March 29, 2016. Late-filed comments Authority (SRA) in Springfield,
SUMMARY: The Federal Transit
will be considered to the extent Massachusetts for the procurement of
Administration (FTA) received requests
practicable. nine ductless mini-split air conditioners
from the Indianapolis Public
for the Union Station Regional
Transportation Corporation (IPTC) for a ADDRESSES: Please submit your
Intermodal Transportation Center. IPTC,
Buy America non-availability waiver for comments by one of the following
YATA, KWT, and SRA requested Buy
the procurement of an Enviroair means, identifying your submissions by America non-availability waivers on
inverter-driven ductless mini-split docket number FTA–2016–0004: May 5, 2015, July 26, 2015, December 2,
system air conditioner, from the York 1. Web site: http://
2015, and on March 9, 2016,
Adams Transportation Authority www.regulations.gov. Follow the
respectfully. All seek non-availability
(YATA) for ductless split system air instructions for submitting comments
waivers since none of these air
conditioning units, from Key West on the U.S. Government electronic
conditioning systems are produced in
Transit (KWT) for a ductless mini-split docket site.
2. Fax: (202) 493–2251. the United States in sufficient and
mechanical system for the City of Key
3. Mail: U.S. Department of reasonably available quantities or of
West Public Transportation Facility, and
Transportation, 1200 New Jersey satisfactory qualities. 49 U.S.C.
from the Springfield Redevelopment
Avenue SE., Docket Operations, M–30, 5323(j)(2)(A); 49 CFR 661.7(c).
Authority (SRA) for ductless mini-split By way of background, IPTC is
air conditioners for the Union Station West Building, Ground Floor, Room
constructing its Downtown Transit
Regional Intermodal Transportation W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of Center and the contractor and
Center in Springfield, Massachusetts. subcontractor hired for the project,
IPTC is constructing its Downtown Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30, Weddle Bros. Building Group, LLC and
Transit Center which is expected to be Commercial Air Inc., previously
Leadership in Energy and West Building, Ground Floor, Room
certified Buy America compliance. After
Environmental Design (LEED) certified W12–140, Washington, DC 20590–0001
awarding the contract, Commercial Air
and will incorporate many sustainable between 9 a.m. and 5 p.m., Monday
became aware that the inverter-driven
and energy efficient elements. The through Friday, except Federal holidays.
Instructions: All submissions must ductless mini split system air
Enviroair inverter-driven ductless mini- conditioner selected for the center, was
split system air conditioner will make reference to the ‘‘Federal Transit
Administration’’ and include docket non-compliant. Enviroair manufactures
contribute to the building’s efficiency this air conditioning system in China,
and is essential to achieving silver LEED number FTA–2016–0004. Due to the
security procedures in effect since although certain equipment is stocked
certification. YATA is currently and shipped from Utica, New York.
constructing a new Operations and October 2011, mail received through the
IPTC selected the Enviroair system,
Maintenance Facility in York, U.S. Postal Service may be subject to
which will be installed in the transit
Pennsylvania and seeks to install delays. Parties making submissions
center’s information technology room,
several ductless air conditioning units at responsive to this notice should
because it will keep the room constantly
the facility. KWT is finishing consider using an express mail firm to
cool and is the only way to cool the
construction on the bus transit ensure the prompt filing of any
room in the space provided. IPTC also
operation and maintenance facility, submissions not filed electronically or
hopes to receive Silver LEED
which is a U.S. Green Building Council by hand. Note that all submissions
certification for the transit center and
LEED project. The building contains received, including any personal
the Enviroair system is critical for
many sustainable and efficient information therein, will be posted achieving this certification. IPTC
elements, including a variant refrigerant without change or alteration to http:// identified six other ductless mini-split
flow (VRF) heating, ventilation, and air www.regulations.gov. For more air condition system manufacturers, all
conditioning (HVAC) system. KWT information, you may review DOT’s of which are manufactured abroad.
seeks a waiver for this VRF ductless complete Privacy Act Statement in the YATA seeks to install multiple
mini-split mechanical system because Federal Register published April 11, ductless split system air conditioning
there is no domestic manufacturer. The 2000 (65 FR 19477), or you may visit units in its Operations and Maintenance
SRA seeks a waiver for ductless mini- http://www.regulations.gov. Facility. These units will regulate
asabaliauskas on DSK3SPTVN1PROD with NOTICES
split air conditioners as part of the FOR FURTHER INFORMATION CONTACT: environmental conditions in areas with
renovation of the existing Terminal Laura Ames, FTA Attorney-Advisor, at specific temperature and/or humidity
Building and the construction of a six (202) 366–2743 or Laura.Ames@dot.gov. requirements, such as in server rooms or
story garage at the Union Station SUPPLEMENTARY INFORMATION: The elevator machine rooms, or in rooms
Regional Intermodal Transportation purpose of this notice is to provide where conventional ductwork is not
Center, because there is no domestic notice and seek public comment on possible. YATA’s successful bidder
manufacturer. IPIC, YATA, KWT, and whether the FTA should grant non- certified Buy America compliance,
SRA seek waivers for these air availability waivers to the Indianapolis although later learned that the units
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![15410 Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
from ECR international-EMI-USA of was unable to find a domestically and YATA are pursuing their non-
Utica, New York, are in fact manufactured mini split air availability waiver applications. FTA
manufactured abroad. YATA identified conditioning system. In fact, KWT states did not reach out to KWT or SRA as
one ductless split system unit that is that it contacted the remaining America they submitted their waiver requests
manufactured in the U.S. by Modine, manufacturer of VRF HVAC systems after scouting was complete.
however, this unit has a larger capacity and this manufacturer ceased With certain exceptions, FTA’s Buy
than YATA’s project requirements for production two years ago. As a result, America requirements prevent FTA
the Operations and Maintenance KWT procured the Carrier ductless from obligating an amount that may be
Facility. Use of this unit would result in mini-split air conditioning equipment appropriated to carry out its program for
constant compressor cycling and a for the facility as no domestic a project unless ‘‘the steel, iron, and
limited lifespan. Moreover, YATA states manufacturer was available. manufactured goods used in the project
that it cannot use a standard split SRA is constructing the Union Station are produced in the United States.’’ 49
system unit as an alternative to the Regional Intermodal Transportation U.S.C. 5323(j)(1). A manufactured
ductless split system, because a Center, which includes renovation of product is considered produced in the
standard system is incapable of treating the existing Terminal Building and the United States if: (1) All of the
ventilation air and the required construction of a six story parking manufacturing processes for the product
ductwork cannot be installed in garage. SRA is seeking to procure nine take place in the United States; and (2)
locations that need environmental ductless mini-split air conditioners for all of the components of the product are
control. Therefore, no domestic the construction project. Each building of U.S. origin. A component is
manufacturer exists that would satisfy within the transportation center will considered of U.S. origin if it is
YATA’s project needs. have its own HVAC system. SRA states manufactured in the United States,
KWT is completing construction of its that it is necessary to install ductless regardless of the origin of its
City of Key West Public Transportation mini-split air conditioners in each subcomponents. 49 CFR 661.5(d). If,
Facility, which is a U.S. Green Building individual room in order to maintain however, FTA determines that ‘‘the
Council LEED project and includes environs in each room. The air steel, iron, and goods produced in the
many sustainable and efficient conditioners will be independent of United States are not produced in a
elements, including that of the HVAC other heating and cooling systems and sufficient and reasonably available
system. The project consists of an will be backed up by a generator. amount or are not of a satisfactory
18,300 square foot bus operations and Initially, SRA’s contractor thought that quality,’’ then FTA may issue a waiver
maintenance building, a 2,100 square Trane’s product was Buy America- (non-availability waiver). 49 U.S.C.
foot bus wash building, fueling station, compliant. Subsequently, however, 5323(j)(2)(B); 49 CFR 661.7(c).
and parking facilities. The facility will Trane notified SRA that its product was The purpose of this Notice is to
serve as the City’s transportation mislabeled and is actually foreign-made. publish IPTC’s, YATA’s, KWT’s, and
operations center and will provide SRA also contacted 8 other companies SRA’s requests and to seek public
maintenance, repair, cleaning, and bus who manufacture ductless mini-split air comment from all interested parties in
parking facilities. The front portion of conditioners, although none of these accordance with 49 U.S.C. 5323(j)(3)(A).
the main building includes offices for companies manufacturer the product Comments will help FTA understand
administration and operations, while domestically. As a result, SRA is completely the facts surrounding the
the rear portion provides space for bus seeking a non-availability waiver for the requests, including the merits of the
maintenance, repairs and cleaning, parts ductless mini-split air conditioners as
requests. A full copy of the request has
storage and technician amenities. there is no domestic manufacturer.
been placed in docket number FTA–
According to KWT’s waiver request, FTA also conducted a scouting search
the HVAC system is Buy America- for ductless air conditioning systems 2016–0004.
compliant, with the exception of the through its Interagency Agreement with Issued on March 16, 2016.
VRF mechanical system which will be the U.S. Department of Commerce’s Dana Nifosi,
placed in three of the electrical, National Institute of Standards and Deputy Chief Counsel.
mechanical, and server rooms in the Technology (NIST). The scouting search [FR Doc. 2016–06416 Filed 3–21–16; 8:45 am]
new facility. KWT states that these identified two domestic manufacturers BILLING CODE 4910–57–P
rooms must be able to function as potential matches for this
separately from the main operations opportunity: Kentuckiana Curb
building. KWT also is building this Company/KCC International in DEPARTMENT OF TRANSPORTATION
facility to be LEED silver certified and Louisville, Kentucky and Climate
the energy-efficient VRF system will Conditioning Company, Inc./Liebert Federal Transit Administration
help KWT attain this certification. The also in Louisville, Kentucky. The
[Docket No. FTA–2016–0002]
VRF system sought will also better manufacturers identified either produce
accommodate spatial constraints since similar products to the ductless air Notice of Proposed Buy America
the new facility is surrounded by a conditioning systems, possess the Waiver for a Radio Communications
landfill, school bus parking lot, and capabilities to produce ductless air System
other construction projects. It is also conditioning systems, have produced an
located in a highly-trafficked area, item similar to ductless air conditioning AGENCY: Federal Transit Administration,
which limits the footprint of the project. systems in the past, or have expressed DOT.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Unlike other HVAC systems, the a business interest in producing ACTION: Notice of proposed Buy America
ductless mini-split system will be able ductless air conditioning systems. Upon waiver and request for comment.
to fit into the available space. request from FTA, IPTC and YATA
KWT is installing a Carrier ductless reached out to these potential domestic SUMMARY: The Federal Transit
mini-split system in the facility. Before suppliers. However, neither company Administration (FTA) received a request
selecting this system, KWT conducted manufactures the specific mini-split air for a waiver to permit the use of FTA
extensive research and reached out to conditioning systems sought and as funding to purchase a radio
domestic manufacturers, however, KWT described in this Notice. As such, IPTC communication system that is non-
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Document Created: 2018-02-02 15:15:21
Document Modified: 2018-02-02 15:15:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Proposed Buy America waiver and request for comment. | |
| Dates | Comments must be received by March 29, 2016. Late-filed comments will be considered to the extent practicable. | |
| Contact | Laura Ames, FTA Attorney-Advisor, at (202) 366-2743 or [email protected] | |
| FR Citation | 81 FR 15409 |
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