81 FR 61734 - Agency Request for Emergency Approval of an Information Collection
DEPARTMENT OF TRANSPORTATION
Bureau of Transportation Statistics Federal Register Volume 81, Issue 173 (September 7, 2016)
Bureau of Transportation Statistics
Federal Register Volume 81, Issue 173 (September 7, 2016)
| Page Range | 61734-61736 | |
| FR Document | 2016-21390 |
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)] [Notices] [Pages 61734-61736] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21390] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics [Docket Number DOT-OST-2016-0169] Agency Request for Emergency Approval of an Information Collection AGENCY: Bureau of Transportation Statistics (BTS), Office of the Assistant Secretary for Research and Technology (OST-R), U.S. Department of Transportation. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), the Department of Transportation (DOT) provides notice that it will submit an information collection request (ICR) to the Office of Management and Budget (OMB) for emergency approval of a proposed information collection. Upon receiving the requested six-month emergency approval by OMB, the Bureau of Transportation Statistics (BTS), Office of the Assistant Secretary for Research and Technology (OST-R), U.S. Department of Transportation will follow the normal PRA procedures to obtain extended approval for this proposed information collection. This collection involves information on barrier failure reporting in oil and gas operations on the Outer Continental Shelf (OCS), as referenced in recently issued Bureau of Safety and Environmental Enforcement (BSEE), U.S. Department of the Interior regulations at 30 CFR 250.730(c) (81 FR 25887, Apr. 29, 2016) and the BSEE final rule amending and updating oil and gas production safety system (30 CFR 250.803) to be published in the Federal Register on September 7, 2016. BTS and BSEE have entered into a memorandum of understanding (MOU) to develop an industry-wide repository of barrier failure data, analyze and aggregate information collected under this program, and publish reports that will provide BSEE, the industry, and all OCS stakeholders with essential information about failure types and modes of critical safety barriers for offshore operations. BTS and BSEE have determined that it is in the public interest to collect and process barrier failure reports or other data deemed necessary to administer BSEE's safety program pertaining to barrier failures, under a pledge of confidentiality for statistical purposes only. The confidentiality of notices and reports submitted directly to BTS will be protected in accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA) (44 U.S.C. 3501 note), which provides substantial additional confidentiality protections than can be provided for reports submitted directly to BSEE. Currently, reports on equipment failures are submitted directly to BSEE with limited information related to barrier failure events and root cause. Feedback from the industry during the data collection form drafting process indicates substantial reluctance to provide detailed barrier failure event information without the additional protections of CIPSEA. Reports submitted directly to BTS under CIPSEA will use a longer data collection form that includes additional essential detail about a barrier failure event such as equipment history information, certain important event data information, and root cause information. The additional detail included in the longer form is critical to comprehensively assess failures and determine appropriate exposure denominators for risk estimates, in service of BSEE's mission to protect safety and prevent environmental harm. Emergency processing of this collection of information is needed prior to the expiration of time periods established under the PRA because the use of normal clearance procedures is reasonably likely to result in the collection of only limited data on barrier failure events during the established PRA time periods. The use of normal clearance procedures will prevent collection of this data during the established PRA time periods, which will inhibit BSEE's ability to comprehensively assess barrier failures and risks, identify barrier failure trends, and identify causes of critical safety barrier failure events. FOR FURTHER INFORMATION CONTACT: Information related to this ICR, including applicable supporting documentation may be obtained by contacting Demetra V. Collia, Bureau of Transportation Statistics, Office of the Assistant Secretary for Research and Technology, U.S. Department of Transportation, Office of Statistical and Economic Analysis, RTS-31, E36-302, 1200 New Jersey Avenue SE., Washington, DC 20590-0001; Phone No. (202) 366-1610; Fax No. (202) 366-3383; Email: [email protected]. Office hours are from 8:30 a.m. to 5 p.m., EST, Monday through Friday, except Federal holidays. DATES: Comments should be submitted as soon as possible upon publication of this notice in the Federal Register. Comments and questions should be [[Page 61735]] directed to the Office of Information and Regulatory Affairs (OIRA), Attn: OST OMB Desk Officer, 725 17th Street NW., Washington DC 20503. Comments and questions about the ICR identified below may be transmitted electronically to OIRA at [email protected]. SUPPLEMENTARY INFORMATION: I. The Data Collection The Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35; as amended) and 5 CFR part 1320 require each Federal agency to obtain OMB approval to initiate an information collection activity. BTS is seeking OMB approval for the following BTS information collection activity: Title: Barrier Failure Reporting in Oil and Gas Operations on the Outer Continental Shelf. OMB Control Number: 2138-TBD. Type of Review: Approval of data collection. This information collection is limited to the establishment of BTS as an authorized repository for the previously approved information collections (OMB Control Number 1014-0028, expiration 04/30/2019, and OMB Control Number 1014-0003, expiration 08/31/2019) in order to ensure the confidentiality of submissions under CIPSEA. Respondents: BTS has entered into a MOU with BSEE to facilitate the collection of information from respondents identified in the BSEE notices for OMB Control Numbers 1014-0028 and 1014-0003. Responsibility for establishing the actual scope and burden for this collection resides with BSEE. This BTS information collection request does not create any additional burden for respondents. For the purposes of this collection BTS has identified BSEE as the sole respondent. Number of Potential Responses: For the purposes of this collection BTS has identified BSEE as the sole respondent reporting to BTS at the annual frequency of one. Estimated Time per Response: 60 minutes. Frequency: Once. Total Annual Burden: 1 hour. Abstract: CIPSEA can provide strong confidentiality protection for information acquired for statistical purposes under a pledge of confidentiality. CIPSEA Guidance from the Office of Management and Budget advises that a nonstatistical agency or unit (BSEE) that wishes to acquire information with CIPSEA protection may consider entering into an agreement with a Federal statistical agency or unit (BTS). BTS and BSEE have determined that it is in the public interest to collect and process the blowout preventer (BOP) failure reports required by 30 CFR 250.730(c), safety and pollution prevention equipment (SPPE) failure reports required by 30 CFR 250.803, or other data deemed necessary to administer BSEE's safety program pertaining to barrier failures under a pledge of confidentiality for statistical purposes only. BTS has agreed through an MOU with BSEE to undertake the information collection identified in the BSEE notices for OMB Control Numbers 1014-0028 and 1014-0003 in order to ensure the confidentiality of submissions under CIPSEA. Since this information collection is limited to the establishment of BTS as an authorized repository for the previously approved information collections (OMB Control Number 1014- 0028, expiration 04/30/2019, and OMB Control Number 1014-0003, expiration 08/31/2019), this information collection request does not create any additional burden for respondents. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48 and 44 U.S.C. 3501 note. II. Background In August 2013, BTS and BSEE signed an interagency agreement (IAA) to develop and implement SafeOCS, a voluntary program for confidential reporting of `near misses' occurring on the Outer Continental Shelf (OCS). The goal of the voluntary near miss reporting system is to provide BTS with essential information about accident precursors and other hazards associated with OCS oil and gas operations. Under the program, BTS will develop and publish aggregate reports that BSEE, the industry and all OCS stakeholders can use--in conjunction with incident reports and other sources of information--to reduce safety and environmental risks and continue building a more robust OCS safety culture. On July 28, 2016, new BSEE regulations became effective, requiring in part, the reporting of well control barrier-related failure event and analysis information. Further, BSEE's final rule amending and updating oil and gas production safety systems regulations which require, in part, the reporting of SPPE failure event and analysis information will become effective on November 8, 2016. BSEE requested and BTS agreed to expand the scope of SafeOCS to include reports of equipment failure mandated by 30 CFR 250.730(c) or 30 CFR 250.803. Both BTS and BSEE agree that reports of equipment failures are considered a type of precursor safety information that can be included in SafeOCS to provide a means of identifying industry-wide data trends on barrier failures or potential for barrier failures. This data collection will provide companies in the oil and gas industry a trusted means to report sensitive proprietary and safety information related to equipment failures and to foster trust in the confidential collection, handling, and storage of the raw data. Feedback from the industry during the rulemaking and form drafting processes indicates substantial reluctance to provide detailed barrier failure event information without the additional protections of CIPSEA. Reports submitted directly to BSEE use an abbreviated data collection form that includes only limited information related to barrier failure events. Reports submitted directly to BTS use a longer data collection form that includes additional essential detail about a barrier failure event such as equipment history information, certain important event data information, and root cause information. The additional detail included in the longer form is critical to comprehensively assess failures and determine appropriate exposure denominators for risk estimates, in service of BSEE's mission to prevent safety and environmental harm. BTS will use the data collected to establish a comprehensive source of barrier-related failure data for statistical purposes. With input from subject matter experts, BTS will process and analyze information on equipment failures, and publish results of such analyses in public reports. Such reports will provide BSEE, the industry, and all OCS stakeholders with essential information about failure types and modes of critical safety barriers for offshore operations, provide valuable information to identify and close gaps in risk management, and contribute to research and development of intervention programs aimed at preventing accidents and fatalities in the OCS. BTS will: (1) Collect failure notices, failure analysis reports, and design change/modified procedures reports, as described in 30 CFR 250.730(c) and 30 CFR 250.803, submitted by industry operators, their contractors, original equipment manufacturers, and others employed in the oil and gas industry; (2) develop an analytical database using the reported data and other pertinent information; (3) conduct statistical [[Page 61736]] analyses; (4) develop and publish aggregate public reports and other data produces; and (5) protect the confidentiality of notices and reports in accordance with BTS' own statute (49 U.S.C. 6307) and CIPSEA. In accordance with these confidentiality statutes, only statistical (aggregated) and non-identifying data will be made publicly available by BTS through its reports. BTS will not release to BSEE or any other public or private entity any information that might reveal the identity of individuals or organizations mentioned in failure notices or reports without explicit consent of the respondent and any other affected entities. Respondents who report a barrier-related failure will be asked to fill out a form based upon the requirements of 30 CFR 250.730(c) and cited industry standards. They will also be asked to submit supplemental information and analysis as described in 30 CFR 250.730(c) or 30 CFR 250.803 and cited industry standards. Respondents will have the option to mail or submit the reports electronically to BTS. Respondents will be asked to provide information such as: (1) Name and contact information; (2) time and location of the failure event; (3) a short description of the failure event and operating conditions that existed at the time of the event; (4) contributing factors to the event; (5) results of an investigation or safety analysis report; (6) any design or procedural changes as a result of the reported equipment failure; and (7) any other information that might be useful in determining ways to prevents such failures from occurring. BTS requests emergency processing of this information collection because the use of normal clearance procedures is likely to result in the collection of only limited data on barrier failure events during the established PRA time periods. The use of normal clearance procedures will prevent collection of this data during the established PRA time periods, which will inhibit BSEE's ability to comprehensively assess barrier failures and risks, identify barrier failure trends, and identify causes of critical safety barrier failure events. The BSEE Well Control Rule failure data collection for BOP equipment was substantially driven by an event of major national significance, which also captured international attention. One important element of this event was the failure of BOP equipment. The event resulted in the deaths of 11 people and the largest oil spill in US history. It is in the public interest to commence immediate collection of the additional information on equipment history and important event data to enable a better understanding of underlying root causes. III. Request for Public Comment BTS requests comments on any aspects of this information collection request, including: (1) Ways to enhance the quality, usefulness, and clarity of the collected information; and (2) ways to minimize the collection burden without reducing the quality of the information collected, including additional use of automated collection techniques or other forms of information technology. Patricia Hu, Director, Bureau of Transportation Statistics, Office of the Assistant Secretary for Research and Technology, U.S. Department of Transportation. [FR Doc. 2016-21390 Filed 9-6-16; 8:45 am] BILLING CODE 4910-9X-P
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improper report or failure to report is DEPARTMENT OF TRANSPORTATION Statistical Efficiency Act of 2002
required to report the following (CIPSEA) (44 U.S.C. 3501 note), which
information to NHTSA: (1) A signed and Bureau of Transportation Statistics provides substantial additional
dated document that identifies (a) each [Docket Number DOT–OST–2016–0169] confidentiality protections than can be
previous improper report and each provided for reports submitted directly
failure to report as required under 49 Agency Request for Emergency to BSEE.
U.S.C. 30166, including a regulation, Approval of an Information Collection Currently, reports on equipment
requirement, request or order issued failures are submitted directly to BSEE
AGENCY: Bureau of Transportation with limited information related to
thereunder, for which protection is Statistics (BTS), Office of the Assistant
sought and (b) the specific predicate barrier failure events and root cause.
Secretary for Research and Technology Feedback from the industry during the
under which the improper or omitted (OST–R), U.S. Department of data collection form drafting process
report should have been provided; and Transportation. indicates substantial reluctance to
(2) the complete and correct information ACTION: Notice and request for provide detailed barrier failure event
that was required to be submitted but comments. information without the additional
was improperly submitted or was not protections of CIPSEA. Reports
previously submitted, including SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44 submitted directly to BTS under
relevant documents that were not CIPSEA will use a longer data collection
previously submitted to NHTSA or, if U.S.C. 3501 et seq.) (PRA), the
Department of Transportation (DOT) form that includes additional essential
the person cannot do so, provide a detail about a barrier failure event such
detailed description of that information provides notice that it will submit an
information collection request (ICR) to as equipment history information,
and/or the content of those documents certain important event data
the Office of Management and Budget
and the reason why the individual information, and root cause information.
(OMB) for emergency approval of a
cannot provide them to NHTSA. See 49 The additional detail included in the
proposed information collection. Upon
U.S.C. 30170(a)(2) and 49 CFR 578.7; receiving the requested six-month longer form is critical to
see also 66 FR 38380 (July 24, 2001) emergency approval by OMB, the comprehensively assess failures and
(safe harbor final rule); 65 FR 81414 Bureau of Transportation Statistics determine appropriate exposure
(Dec. 26, 2000) (safe harbor interim final (BTS), Office of the Assistant Secretary denominators for risk estimates, in
rule). for Research and Technology (OST–R), service of BSEE’s mission to protect
U.S. Department of Transportation will safety and prevent environmental harm.
ADDRESSES: Send comments, within 30 Emergency processing of this
days, to the Office of Information and follow the normal PRA procedures to
collection of information is needed prior
Regulatory Affairs, Office of obtain extended approval for this
to the expiration of time periods
Management and Budget, 725 17th proposed information collection.
This collection involves information established under the PRA because the
Street NW., Washington, DC 20503, use of normal clearance procedures is
on barrier failure reporting in oil and
Attention NHTSA Desk Officer. reasonably likely to result in the
gas operations on the Outer Continental
Comments are invited on: Whether Shelf (OCS), as referenced in recently collection of only limited data on barrier
the proposed collection of information issued Bureau of Safety and failure events during the established
is necessary for the proper performance Environmental Enforcement (BSEE), PRA time periods. The use of normal
of the functions of the Department, U.S. Department of the Interior clearance procedures will prevent
including whether the information will regulations at 30 CFR 250.730(c) (81 FR collection of this data during the
have practical utility; the accuracy of 25887, Apr. 29, 2016) and the BSEE established PRA time periods, which
final rule amending and updating oil will inhibit BSEE’s ability to
the Department’s estimate of the burden
and gas production safety system (30 comprehensively assess barrier failures
of the proposed information collection;
CFR 250.803) to be published in the and risks, identify barrier failure trends,
ways to enhance the quality, utility, and and identify causes of critical safety
clarity of the information to be Federal Register on September 7, 2016.
BTS and BSEE have entered into a barrier failure events.
collected; and ways to minimize the
memorandum of understanding (MOU) FOR FURTHER INFORMATION CONTACT:
burden of the collection of information
to develop an industry-wide repository Information related to this ICR,
on respondents, including the use of including applicable supporting
automated collection techniques or of barrier failure data, analyze and
aggregate information collected under documentation may be obtained by
other forms of information technology. contacting Demetra V. Collia, Bureau of
this program, and publish reports that
A comment to OMB is most effective if Transportation Statistics, Office of the
will provide BSEE, the industry, and all
OMB receives it within 30 days of Assistant Secretary for Research and
OCS stakeholders with essential
publication. Technology, U.S. Department of
information about failure types and
Authority: 44 U.S.C. 3506; delegation of modes of critical safety barriers for Transportation, Office of Statistical and
authority at 49 CFR 1.95. offshore operations. Economic Analysis, RTS–31, E36–302,
BTS and BSEE have determined that 1200 New Jersey Avenue SE.,
Issued: August 30, 2016.
it is in the public interest to collect and Washington, DC 20590–0001; Phone No.
Paul A. Hemmersbaugh, (202) 366–1610; Fax No. (202) 366–
process barrier failure reports or other
Chief Counsel. data deemed necessary to administer 3383; Email: demetra.collia@dot.gov.
mstockstill on DSK3G9T082PROD with NOTICES
[FR Doc. 2016–21426 Filed 9–6–16; 8:45 am] BSEE’s safety program pertaining to Office hours are from 8:30 a.m. to 5
BILLING CODE 4910–59–P barrier failures, under a pledge of p.m., EST, Monday through Friday,
confidentiality for statistical purposes except Federal holidays.
only. The confidentiality of notices and DATES: Comments should be submitted
reports submitted directly to BTS will as soon as possible upon publication of
be protected in accordance with the this notice in the Federal Register.
Confidential Information Protection and Comments and questions should be
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![61736 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices
analyses; (4) develop and publish information on equipment history and Title: Estate and Gift Taxes; Qualified
aggregate public reports and other data important event data to enable a better Disclaimers of Property.
produces; and (5) protect the understanding of underlying root OMB Number: 1545–0959.
confidentiality of notices and reports in causes.
Regulation Project Number: TD 8095.
accordance with BTS’ own statute (49
III. Request for Public Comment Abstract: Internal Revenue Code
U.S.C. 6307) and CIPSEA. In accordance
with these confidentiality statutes, only BTS requests comments on any section 2518 allows a person to disclaim
statistical (aggregated) and non- aspects of this information collection an interest in property received by gift
identifying data will be made publicly request, including: (1) Ways to enhance or inheritance. The interest is treated as
available by BTS through its reports. the quality, usefulness, and clarity of if the disclaimant never received or
BTS will not release to BSEE or any the collected information; and (2) ways transferred such interest for Federal gift
other public or private entity any to minimize the collection burden tax purposes. A qualified disclaimer
information that might reveal the without reducing the quality of the must be in writing and delivered to the
identity of individuals or organizations information collected, including transferor or trustee.
mentioned in failure notices or reports additional use of automated collection Current Actions: There is no change to
without explicit consent of the techniques or other forms of information this existing regulation.
respondent and any other affected technology. Type of Review: Extension of a
entities. currently approved collection.
Respondents who report a barrier- Patricia Hu,
related failure will be asked to fill out Director, Bureau of Transportation Statistics, Affected Public: Individuals or
a form based upon the requirements of Office of the Assistant Secretary for Research households.
and Technology, U.S. Department of
30 CFR 250.730(c) and cited industry Estimated Number of Respondents:
Transportation.
standards. They will also be asked to 2,000.
[FR Doc. 2016–21390 Filed 9–6–16; 8:45 am]
submit supplemental information and Estimated Time per Respondent: 30
BILLING CODE 4910–9X–P
analysis as described in 30 CFR minutes.
250.730(c) or 30 CFR 250.803 and cited
industry standards. Respondents will Estimated Total Annual Burden
have the option to mail or submit the DEPARTMENT OF THE TREASURY Hours: 1,000.
reports electronically to BTS. The following paragraph applies to all
Respondents will be asked to provide Internal Revenue Service of the collections of information covered
information such as: (1) Name and by this notice:
Proposed Collection; Comment
contact information; (2) time and Request for Regulation Project An agency may not conduct or
location of the failure event; (3) a short sponsor, and a person is not required to
description of the failure event and AGENCY: Internal Revenue Service (IRS), respond to, a collection of information
operating conditions that existed at the Treasury. unless the collection of information
time of the event; (4) contributing ACTION: Notice and request for displays a valid OMB control number.
factors to the event; (5) results of an comments. Books or records relating to a
investigation or safety analysis report; collection of information must be
(6) any design or procedural changes as SUMMARY: The Department of the
retained as long as their contents may
a result of the reported equipment Treasury, as part of its continuing effort
become material in the administration
failure; and (7) any other information to reduce paperwork and respondent
of any internal revenue law. Generally,
that might be useful in determining burden, invites the general public and
tax returns and tax return information
ways to prevents such failures from other Federal agencies to take this
are confidential, as required by 26
occurring. opportunity to comment on proposed
U.S.C. 6103.
BTS requests emergency processing of and/or continuing information
this information collection because the collections, as required by the Request for Comments: Comments
use of normal clearance procedures is Paperwork Reduction Act of 1995, submitted in response to this notice will
likely to result in the collection of only Public Law 104–13 (44 U.S.C. be summarized and/or included in the
limited data on barrier failure events 3506(c)(2)(A)). Currently, the IRS is request for OMB approval. All
during the established PRA time soliciting comments concerning estate comments will become a matter of
periods. The use of normal clearance and gift taxes; qualified disclaimers of public record. Comments are invited on:
procedures will prevent collection of property (Section 25.2518–2(b)). (a) Whether the collection of
this data during the established PRA information is necessary for the proper
DATES: Written comments should be
time periods, which will inhibit BSEE’s performance of the functions of the
received on or before November 7, 2016
ability to comprehensively assess barrier agency, including whether the
to be assured of consideration.
failures and risks, identify barrier failure information shall have practical utility;
ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate
trends, and identify causes of critical
safety barrier failure events. to Tuawana Pinkston, Internal Revenue of the burden of the collection of
The BSEE Well Control Rule failure Service, Room 6526, 1111 Constitution information; (c) ways to enhance the
data collection for BOP equipment was Avenue NW., Washington, DC 20224. quality, utility, and clarity of the
substantially driven by an event of FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to
major national significance, which also Requests for additional information or minimize the burden of the collection of
mstockstill on DSK3G9T082PROD with NOTICES
captured international attention. One copies of the regulations should be information on respondents, including
important element of this event was the directed to Sara Covington, at Internal through the use of automated collection
failure of BOP equipment. The event Revenue Service, Room 6526, 1111 techniques or other forms of information
resulted in the deaths of 11 people and Constitution Avenue NW., Washington, technology; and (e) estimates of capital
the largest oil spill in US history. It is DC 20224, or through the Internet at or start-up costs and costs of operation,
in the public interest to commence Sara.L.Covington@irs.gov. maintenance, and purchase of services
immediate collection of the additional SUPPLEMENTARY INFORMATION: to provide information.
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Document Created: 2016-09-07 11:50:09
Document Modified: 2016-09-07 11:50:09
| 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 and request for comments. | |
| Dates | Comments should be submitted as soon as possible upon publication of this notice in the Federal Register. Comments and questions should be directed to the Office of Information and Regulatory Affairs (OIRA), Attn: OST OMB Desk Officer, 725 17th Street NW., Washington DC 20503. Comments and questions about the ICR identified below may be transmitted electronically to OIRA at [email protected] | |
| Contact | Information related to this ICR, including applicable supporting documentation may be obtained by contacting Demetra V. Collia, Bureau of Transportation Statistics, Office of the Assistant Secretary for Research and Technology, U.S. Department of Transportation, Office of Statistical and Economic Analysis, RTS-31, E36-302, 1200 New Jersey Avenue SE., Washington, DC 20590-0001; Phone No. (202) 366-1610; Fax No. (202) 366-3383; Email: [email protected] Office hours are from 8:30 a.m. to 5 p.m., EST, Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 61734 |
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