81 FR 25414 - MidAmerican Wind Energy Habitat Conservation Plan; Draft Environmental Impact Statement
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 82 (April 28, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 82 (April 28, 2016)
| Page Range | 25414-25417 | |
| FR Document | 2016-09945 |
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)] [Notices] [Pages 25414-25417] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09945] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R3-ES-2016-N046; FVES59420300000F2 14X FF03E00000] MidAmerican Wind Energy Habitat Conservation Plan; Draft Environmental Impact Statement AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare an environmental impact statement; notice of scoping meetings; and request for comments. ----------------------------------------------------------------------- SUMMARY: Pursuant to the National Environmental Policy Act of 1969, as amended (NEPA), we are advising the public that we intend to prepare an environmental impact statement (EIS) on a proposed Endangered Species Act (ESA) incidental take permit (ITP) application from MidAmerican Energy [[Page 25415]] Company (MEC) for the federally endangered Indiana bat, the federally threatened northern long-eared bat, the little brown bat, and the bald eagle. We are also announcing the initiation of a public scoping process to engage Federal, Tribal, State, and local governments; special interest groups; and the public in the identification of issues and concerns, potential impacts, and possible alternatives to the proposed action. MEC is currently operating (20) and constructing (2) wind energy facilities in the State of Iowa capable of generating more than 4,040 megawatts (MW) of wind generation capacity, and expects to construct additional wind energy projects over the next 30 years. MEC is preparing a habitat conservation plan (HCP) in support of its ITP application for both MEC's existing facilities and facilities presently under construction. Construction, operation, maintenance, decommissioning, reclamation, and repowering of wind energy facilities, as well as activities associated with the management of mitigation land, have the potential to impact certain bat and bird species. Species to be covered in the MEC HCP include the federally listed endangered Indiana bat, the federally listed threatened northern long-eared bat, the unlisted little brown bat and the bald eagle, which is protected under the Eagle Act. As allowed under the Eagle Act, we anticipate extending Eagle Act take authorization for bald eagle through an ESA Section 10(a)(1)(B) permit associated with the HCP, provided MEC is in full compliance with the terms and conditions of the permit and Eagle Act. DATES: Public scoping will begin with the publication of this NOI in the Federal Register and will continue through May 31, 2016. We will consider all comments on the scope of the EIS analysis that are received or postmarked by this date. Comments received or postmarked after this date will be considered to the extent practicable. We will conduct two public scoping meetings during the scoping period. The scoping meetings will provide the public with an opportunity to ask questions, discuss issues with Service and State staff regarding the EIS, and provide written comments.May 17, 2016--Council Bluffs Public Library, 400 Willow Avenue Council Bluffs, Iowa, 5:30 to 7 p.m. May 18, 2016--FFA Enrichment Center, 1055 SW Prairie Trail Parkway, Ankeny, Iowa, 5:30 to 7 p.m. In addition, we will host an online webinar on April 20, 2016 at 1:00 p.m. Central Time. Additional information on the proposed action, including how to participate in the webinar, is provided on the Internet at: http://www.fws.gov/midwest/rockisland/te/index.html. ADDRESSES: Send written comments via U.S. mail to the Field Supervisor, U.S. Fish and Wildlife Service, Rock Island Field Office, 1511 47th Avenue, Moline, Illinois 61265; by facsimile at 309-757-5807; or by electronic mail to [email protected]. FOR FURTHER INFORMATION CONTACT: Amber Schorg at 309-757-5800, extension 222 (telephone) or [email protected] (email). If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at (800) 877-8339. SUPPLEMENTARY INFORMATION: Introduction Pursuant to the NEPA, 42 U.S.C. 4321 et seq., we advise the public that we intend to prepare an environmental impact statement (EIS) to evaluate impacts associated with several alternatives related to the potential issuance of ITPs to MEC (Service's proposed action). ITPs would be expected to cover the federally endangered Indiana bat (Myotis sodalis), the federally threatened northern long-eared bat (Myotis septentrionalis), the little brown bat (Myotis lucifugus), and the bald eagle (Haliaeetus leucocephalus). We are also announcing the initiation of a public scoping process to engage Federal, Tribal, State, and local governments, special interest groups, and the public in the identification of issues and concerns, potential impacts, and possible alternatives to our proposed action. Section 9 of the ESA prohibits ``take'' of fish and wildlife species listed as endangered under section 4 (16 U.S.C. 1538, and 1533, respectively). The ESA implementing regulations extend, under certain circumstances, the prohibition of take to threatened species (50 CFR 17.31). Under section 3 of the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term ``harm'' is defined by regulation as an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is defined in the regulations as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). Under section 10 of the ESA, the Service may issue permits to authorize incidental take of federally listed fish and wildlife species. ``Incidental take'' is defined by the ESA as ``take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity''. To obtain an ITP, an applicant must submit an HCP that specifies (1) the impact that will likely result from the taking; (2) what steps the applicant will take to monitor, minimize and mitigate the impacts, and the funding that will be available to implement such steps; (3) what alternative actions to the taking the applicant considered and the reasons why the alternatives are not being utilized; and (4) how the applicant will carry out any other measures that we may require as being necessary or appropriate for purposes of the HCP. 50 CFR 17.22(b)(1)(iii); 50 CFR 17.32(b)(1)(iii)(C). If we find, after opportunity for public comment, with respect to the permit application and the related HCP that (1) the taking will be incidental; (2) the applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such taking; (3) the applicant will ensure that adequate funding for the HCP will be provided, as well as procedures to deal with unforeseen circumstances; (4) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (5) the measures, if any, required by us will be carried out; and we have received assurances that the plan will be implemented, then we will issue MEC the requested permit(s). 50 CFR 17.22, 17.32(b)(2)(i). Eagles are protected under the Eagle Act, which prohibits take and disturbance of individuals and nests. ``Take'' under the Eagle Act includes any actions that pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, and disturb eagles. 16 U.S.C. 668c. ``Disturb'' is further defined in 50 CFR 22.3 as to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. Our regulations at 50 CFR 22.11 allow Eagle Act take authorization to be extended to permittees authorized [[Page 25416]] to take eagles by an ITP issued pursuant to section 10(a)(1)(B) of the ESA. Take coverage for bald eagles provided through an ITP applies for the duration of the permit, or until the amount or level of take authorized has been met, provided the permittee complies with all terms and conditions provided in the ITP. Proposed MEC HCP The purpose of the HCP process and subsequent issuance of an ITP is to authorize the incidental take of threatened or endangered species and eagles, not to authorize the underlying activities that result in take. This process ensures that the effects of the authorized incidental take will be adequately minimized and mitigated to the maximum extent practicable. The MEC HCP will encompass land within the State of Iowa where MEC facilities currently exist, are presently under construction, and where MEC may develop future facilities. MEC currently has approximately 4,050 megawatts (MW) of wind generation capacity installed or under construction and anticipates developing additional wind generation capacity over the requested 30-year term of their ITPs. Activities to be covered by the proposed HCP include those necessary to construct, operate, maintain and repair, decommission and reclaim, and repower utility-scale, multi-turbine wind energy projects within the State of Iowa. Covered activities also include development and management of mitigation lands and monitoring. The MEC HCP would potentially cover four species that are subject to injury or mortality at wind generation facilities, including two federally listed species and two unlisted species. The two federally listed species are the Indiana bat and the northern long-eared bat. The two unlisted species are the little brown bat and the bald eagle. Species may also be added or deleted as the MEC HCP is developed, based on further analysis, new information, agency consultation, and public involvement. Environmental Impact Statement NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies conduct an environmental analysis of their proposed actions to determine if the actions may significantly affect the human environment. Based on 40 CFR 1508.27 and 40 CFR 1508.2, we have determined that implementation of the proposed MEC HCP may have significant impacts on the human environment. Therefore, before deciding whether to issue ITPs to MEC, we will prepare an EIS to analyze the environmental impacts associated with those actions. The EIS will also include an analysis of a reasonable range of alternatives to the proposed action. Alternatives considered in the EIS may include, but are not limited to, variations in the permit term or permit structure; the level of take allowed; the level, location, or type of conservation, monitoring, or mitigation provided in the MEC HCP; the scope of covered activities; the list of covered species; or a combination of these factors. Additionally, a no action alternative will be included. The EIS is intended to analyze and disclose potential environmental impacts that could result from the issuance of ITPs to MEC for its existing and future facilities in the State of Iowa, including subsequent implementation of its proposed HCP. For permitting decisions on existing facilities (20) and facilities presently under construction (2), the EIS will address potential environmental impacts at specific temporal and spatial scales. For permitting decisions on future facilities with uncertain temporal and/or spatial scales, the EIS will evaluate environmental impacts programmatically, and include a process for assessing the need for subsequent NEPA review on future permitting decisions. If we find that our initial NEPA review has sufficiently analyzed potential environmental impacts, we will rely upon the analysis provided in our initial NEPA review. On the other hand, if there is significant new information of relevance to the proposed action or its impacts, we may choose to supplement our NEPA review by developing separate, stand-alone environmental documents that make use of tiering and incorporation by reference. Request for Information We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice. We will consider these comments in developing the draft EIS. We also seek specific comments on: 1. Biological information and relevant data concerning covered species; 2. Additional information concerning the range, distribution, population size, and population trends of covered species; 3. Direct, indirect, and cumulative impacts that implementation of the proposed covered activities could have on endangered, threatened, and other covered species, and their communities or habitats; 4. Other possible alternatives to the proposed action that the Service should consider; 5. Other current or planned activities in the subject area and their possible cumulative impacts on covered species; 6. The presence of archaeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns, which are required to be considered in project planning by the National Historic Preservation Act; 7. Issues, questions, or concerns with developing an EIS which may be supplemented in the future to support additional ITP applications from MEC; and 8. Identification of any other environmental issues that should be considered with regard to the proposed MEC HCP and permit action. Public Availability of Comments You may submit your comments and materials by one of the methods listed above in the ADDRESSES section. Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--might be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we use in preparing the EIS, will be available for public inspection by appointment, during normal business hours, at the Services' Rock Island Field Office in Moline, Illinois. (see FOR FURTHER INFORMATION CONTACT). Scoping Meetings See DATES for the date/s and time/s of our public scoping meetings. The primary purpose of these meetings and public comment period is to provide the public with a general understanding of the background of the proposed action and to solicit suggestions and information on the scope of issues and alternatives we should consider when drafting the EIS. Written comments will be accepted at the meetings. Comments can also be submitted by methods listed in the ADDRESSES section. Once the draft EIS and proposed MEC HCP are complete and made available for review, there will be additional opportunity for public comment on the content of those documents. [[Page 25417]] Persons needing reasonable accommodations in order to attend and participate in the public meetings should contact the Service using one of the methods listed above in ADDRESSES no later than one week before the public meeting. Information regarding this proposed action is available in alternative formats, upon request. Authority We provide this notice under section 10 of the ESA (16 U.S.C. 1531 et seq.), section 668a of the Eagle Act (16 U.S.C. 668a-668d), NEPA (42 U.S.C. 4321 et seq.), and NEPA regulations (40 CFR 1501.7, 1506.5, 1506.6 and 1508.22). Dated: April 11, 2016. Lynn Lewis, Assistant Regional Director, Ecological Services, Midwest Region. [FR Doc. 2016-09945 Filed 4-27-16; 8:45 am] BILLING CODE 4333-15-P
![25414 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
described below. In accordance with the and Urban Development, 451 7th Street Description of the need for the
Paperwork Reduction Act, HUD is SW., Washington, DC 20410; email information and proposed use: The
requesting comment from all interested Colette Pollard at Colette.Pollard@ collection is needed to allow the Fair
parties on the proposed collection of hud.gov or telephone 202–402–3400. Housing Initiatives Program (FHIP) to
information. The purpose of this notice This is not a toll-free number. Persons request applicant information necessary
is to allow for 60 days of public with hearing or speech impairments to complete a grant application package
comment. may access this number through TTY by during the Notice of Funding
DATES: Comments Due Date: June 27, calling the toll-free Federal Relay Availability (NOFA) grant application
2016. Service at (800) 877–8339. process. The collection is used to assist
Copies of available documents the Department in effectively evaluating
ADDRESSES: Interested persons are submitted to OMB may be obtained grant application packages to select the
invited to submit comments regarding from Ms. Pollard. highest ranked applications for funding
this proposal. Comments should refer to to carry out fair housing enforcement
the proposal by name and/or OMB SUPPLEMENTARY INFORMATION: This
and/or education and outreach activities
Control Number and should be sent to: notice informs the public that HUD is
under the following FHIP initiatives:
Colette Pollard, Reports Management seeking approval from OMB for the
Private Enforcement, Education and
Officer, QDAM, Department of Housing information collection described in
Outreach, and Fair Housing
and Urban Development, 451 7th Street Section A.
Organization. The collection is also
SW., Room 4176, Washington, DC A. Overview of Information Collection needed for the collection of post-award
20410–5000; telephone 202–402–3400 report and other information used to
(this is not a toll-free number) or email Title of Information Collection: 25 monitor grants and grant funds.
at Colette.Pollard@hud.gov for a copy of CFR 125, Fair Housing Initiatives Information collected from quarterly
the proposed forms or other available Program. and final progress reports and
information. Persons with hearing or OMB Approval Number: 2529–0033. enforcement logs will enable the
speech impairments may access this Type of Request: Extension of Department to evaluate the performance
number through TTY by calling the toll- currently approved collection. of agencies that receive funding and
free Federal Relay Service at (800) 877– Form Number: HUD 904 A, B and C, determine the impact of the program on
8339. SF–425, SF–424, SF–LLL, HUD–2880, preventing and eliminating
FOR FURTHER INFORMATION CONTACT: HUD–2990, HUD–2993, HUD–424CB, discriminatory housing practices.
Colette Pollard, Reports Management HUD–424–CBW, HUD–2994–A, HUD– Respondents (i.e. affected public):
Officer, QDAM, Department of Housing 96010, and HUD–27061. 400.
Number of Frequency Responses Burden hour Annual burden Hourly cost
Information collection Annual cost
respondents of response per annum per response hours per response
Application Development ............. 400 1 400 76.50 30,600 00 00
Quarterly Report .......................... 104 4 416 19 7904 00 00
Supplemental Outcome Report ... 104 1 104 19 1976 00 00
Enforcement Log .......................... 59 4 236 7 1652 00 00
Final Report ................................. 104 1 104 20 2040 00 00
Recordkeeping ............................. 104 1 104 21 2184 00 00
Total ...................................... 876 14 1366 187.50 46356 00 00
B. Solicitation of Public Comment HUD encourages interested parties to DEPARTMENT OF THE INTERIOR
This notice is soliciting comments submit comment in response to these
questions. Fish and Wildlife Service
from members of the public and affected
parties concerning the collection of Authority: Section 3507 of the Paperwork [FWS–R3–ES–2016–N046;
information described in Section A on Reduction Act of 1995, 44 U.S.C. Chapter 35. FVES59420300000F2 14X FF03E00000]
the following:
Dated: April 21, 2016. MidAmerican Wind Energy Habitat
(1) Whether the proposed collection
of information is necessary for the Bryan Greene, Conservation Plan; Draft
proper performance of the functions of General Deputy Assistant Secretary for the Environmental Impact Statement
the agency, including whether the Office of Fair Housing and Equal AGENCY: Fish and Wildlife Service,
information will have practical utility; Opportunity.
Interior.
(2) The accuracy of the agency’s [FR Doc. 2016–09961 Filed 4–27–16; 8:45 am]
ACTION: Notice of intent to prepare an
estimate of the burden of the proposed BILLING CODE 4210–67–P environmental impact statement; notice
collection of information; of scoping meetings; and request for
(3) Ways to enhance the quality, comments.
utility, and clarity of the information to
be collected; and SUMMARY: Pursuant to the National
mstockstill on DSK3G9T082PROD with NOTICES
(4) Ways to minimize the burden of Environmental Policy Act of 1969, as
the collection of information on those amended (NEPA), we are advising the
who are to respond; including through public that we intend to prepare an
the use of appropriate automated environmental impact statement (EIS)
collection techniques or other forms of on a proposed Endangered Species Act
information technology, e.g., permitting (ESA) incidental take permit (ITP)
electronic submission of responses. application from MidAmerican Energy
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![Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices 25417
Persons needing reasonable ACTION: Notice; request for comments. (telephone). You may review the ICR
accommodations in order to attend and online at http://www.reginfo.gov. Follow
participate in the public meetings SUMMARY: We (U.S. Fish and Wildlife the instructions to review Department of
should contact the Service using one of Service) have sent an Information the Interior collections under review by
the methods listed above in ADDRESSES Collection Request (ICR) to OMB for OMB.
no later than one week before the public review and approval. We summarize the
meeting. Information regarding this ICR below and describe the nature of the SUPPLEMENTARY INFORMATION:
proposed action is available in collection and the estimated burden and
Information Collection Request
alternative formats, upon request. cost. This information collection is
scheduled to expire on April 30, 2016. OMB Control Number: 1018–0012.
Authority We may not conduct or sponsor and a
We provide this notice under section Title: Declaration for Importation or
person is not required to respond to a
10 of the ESA (16 U.S.C. 1531 et seq.), collection of information unless it Exportation of Fish or Wildlife, 50 CFR
section 668a of the Eagle Act (16 U.S.C. displays a currently valid OMB control 14.61–14.64 and 14.94.
668a–668d), NEPA (42 U.S.C. 4321 et number. However, under OMB Service Form Numbers: 3–177 and 3–
seq.), and NEPA regulations (40 CFR regulations, we may continue to 177a.
1501.7, 1506.5, 1506.6 and 1508.22). conduct or sponsor this information Type of Request: Extension of a
Dated: April 11, 2016. collection while it is pending at OMB. currently approved collection.
Lynn Lewis, DATES: You must submit comments on
Description of Respondents:
Assistant Regional Director, Ecological or before May 31, 2016.
Businesses or individuals that import or
Services, Midwest Region. ADDRESSES: Send your comments and export fish, wildlife, or wildlife
[FR Doc. 2016–09945 Filed 4–27–16; 8:45 am] suggestions on this information products; scientific institutions that
BILLING CODE 4333–15–P collection to the Desk Officer for the import or export fish or wildlife
Department of the Interior at OMB– scientific specimens; and government
OIRA at (202) 395–5806 (fax) or OIRA_
DEPARTMENT OF THE INTERIOR agencies that import or export fish or
Submission@omb.eop.gov (email).
wildlife specimens for various purposes.
Please provide a copy of your comments
Fish and Wildlife Service to the Service Information Collection Respondent’s Obligation: Required to
[FWS–HQ–LE–2016–N078; FF09L00200–FX– Clearance Officer, U.S. Fish and obtain or retain a benefit.
LE18110900000] Wildlife Service, MS BPHC, 5275 Frequency of Collection: On occasion.
Leesburg Pike, Falls Church, VA 22041–
Information Collection Request Sent to 3803 (mail), or hope_grey@fws.gov
the Office of Management and Budget (email). Please include ‘‘1018–0012’’ in
(OMB) for Approval; Declaration for the subject line of your comments.
Importation or Exportation of Fish or
FOR FURTHER INFORMATION CONTACT: To
Wildlife
request additional information about
AGENCY: Fish and Wildlife Service, this ICR, contact Hope Grey at hope_
Interior. grey@fws.gov (email) or 703–358–2482
Completion
Number of time per Total annual
Activity responses response burden hours
(minutes)
3–177 hard copy submission ....................................................................................................... 16,207 15 4,052
3–177 electronic submission ....................................................................................................... 172,446 10 28,741
Fee waiver certification ................................................................................................................ 190,874 1 3,181
Totals .................................................................................................................................... 379,527 ........................ 35,974
Estimated Annual Nonhour Burden Wildlife). This form as well as FWS Businesses or individuals must file
Cost: None. Form 3–177a (Continuation Sheet) and FWS Forms 3–177 and 3–177a with us
Abstract: The Endangered Species Act instructions for completion are available at the time and port where they request
(16 U.S.C. 1531 et seq.) makes it for electronic submission at https:// clearance of the import or export of
unlawful to import or export fish, edecs.fws.gov. These forms are also wildlife or wildlife products. Our
wildlife, or plants without filing a available in fillable format at http:// regulations allow for certain species of
declaration or report deemed necessary www.fws.gov/forms/. wildlife to be imported or exported
for enforcing the Act or upholding the The information that we collect is between the United States and Canada
Convention on International Trade in unique to each wildlife shipment and or Mexico at U.S. Customs and Border
Endangered Species (CITES) (see 16 enables us to: Protection ports, even though our
U.S.C. 1538(e)). With a few exceptions,
mstockstill on DSK3G9T082PROD with NOTICES
• Accurately inspect the contents of wildlife inspectors may not be present.
businesses, individuals, or government
the shipment; In these instances, importers and
agencies importing into or exporting
from the United States any fish, • Enforce any regulations that pertain exporters may file the forms with U.S.
wildlife, or wildlife product must to the fish, wildlife, or wildlife products Customs and Border Protection. We
complete and submit to the Service an contained in the shipment; and collect the following information:
FWS Form 3–177 (Declaration for • Maintain records of the importation (1) Name of the importer or exporter
Importation or Exportation of Fish or and exportation of these commodities. and broker.
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Document Created: 2016-04-28 01:05:19
Document Modified: 2016-04-28 01:05:19
| 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 intent to prepare an environmental impact statement; notice of scoping meetings; and request for comments. | |
| Dates | Public scoping will begin with the publication of this NOI in the Federal Register and will continue through May 31, 2016. We will consider all comments on the scope of the EIS analysis that are received or postmarked by this date. Comments received or postmarked after this date will be considered to the extent practicable. We will conduct two public scoping meetings during the scoping period. The scoping meetings will provide the public with an opportunity to ask questions, discuss issues with Service and State staff regarding the EIS, and provide written comments. | |
| Contact | Amber Schorg at 309-757-5800, extension 222 (telephone) or [email protected] (email). If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at (800) 877-8339. | |
| FR Citation | 81 FR 25414 |
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