82 FR 10429 - Notice of Receipt of TransCanada Keystone Pipeline, L.P.'s Re-Application for a Presidential Permit To Construct, Connect, Operate, and Maintain Pipeline Facilities on the Border of the United States and Canada

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 27 (February 10, 2017)

Page Range		10429-10430
FR Document		2017-02740

TransCanada Keystone Pipeline, L.P. (``TransCanada'') applied on May 4, 2012 to the U.S. Department of State (``Department'') for a Presidential Permit that would authorize the construction, connection, operation, and maintenance of pipeline facilities on the U.S./Canadian border in Phillips County, Montana for the importation of crude oil. The border facilities would be part of a proposed 875-mile pipeline and related facilities (the Keystone XL project) that is designed to transport up to 830,000 barrels per day of crude oil from Alberta, Canada and the Bakken shale formation in North Dakota and Montana. The pipeline would cross the U.S. border near Morgan, Montana and continue through Montana, North Dakota, South Dakota, and Nebraska, where it would connect to existing pipeline facilities near Steele City, Nebraska for onward delivery to Cushing, Oklahoma and the U.S. Gulf Coast Region. On November 6, 2015, the Department announced the Secretary of State's determination under Executive Order 13337 that issuing a Presidential Permit to TransCanada for the proposed Keystone XL pipeline's border facilities would not serve the national interest, and denied the Permit application. On January 24, 2017, President Donald J. Trump issued a Presidential Memorandum (the ``Presidential Memorandum'') on the Construction of the Keystone XL Pipeline which, inter alia, invited TransCanada ``to re-submit its application to the Department of State for a Presidential permit for the construction and operation of the Keystone XL Pipeline. . . .'' The Presidential Memorandum is reproduced in its entirety at the end of this notice. The Department has received a re-submitted application from TransCanada and will conduct a review of the application in accordance with the Presidential Memorandum and any other applicable requirements. On February 5, 2014, the Department invited members of the public to comment on any factor they deem relevant to the national interest determination that will be made for the Keystone XL project application (79 FR 6984) and it is not inviting further public comment at this time. Background information related to the application, including a copy of TransCanada's re-submitted application may be found at http:// www.keystonepipeline-xl.state.gov.

Federal Register, Volume 82 Issue 27 (Friday, February 10, 2017)

[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10429-10430]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-02740]

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DEPARTMENT OF STATE

[Public Notice: 9881]

Notice of Receipt of TransCanada Keystone Pipeline, L.P.'s Re-
Application for a Presidential Permit To Construct, Connect, Operate,
and Maintain Pipeline Facilities on the Border of the United States and
Canada

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: TransCanada Keystone Pipeline, L.P. (``TransCanada'') applied
on May 4, 2012 to the U.S. Department of State (``Department'') for a
Presidential Permit that would authorize the construction, connection,
operation, and maintenance of pipeline facilities on the U.S./Canadian
border in Phillips County, Montana for the importation of crude oil.
The border facilities would be part of a proposed 875-mile pipeline and
related facilities (the Keystone XL project) that is designed to
transport up to 830,000 barrels per day of crude oil from Alberta,
Canada and the Bakken shale formation in North Dakota and Montana. The
pipeline would cross the U.S. border near Morgan, Montana and continue
through Montana, North Dakota, South Dakota, and Nebraska, where it
would connect to existing pipeline facilities near Steele City,
Nebraska for onward delivery to Cushing, Oklahoma and the U.S. Gulf
Coast Region.
On November 6, 2015, the Department announced the Secretary of
State's determination under Executive Order 13337 that issuing a
Presidential Permit to TransCanada for the proposed Keystone XL
pipeline's border facilities would not serve the national interest, and
denied the Permit application. On January 24, 2017, President Donald J.
Trump issued a Presidential Memorandum (the ``Presidential
Memorandum'') on the Construction of the Keystone XL Pipeline which,
inter alia, invited TransCanada ``to re-submit its application to the
Department of State for a Presidential permit for the construction and
operation of the Keystone XL Pipeline. . . .'' The Presidential
Memorandum is reproduced in its entirety at the end of this notice.
The Department has received a re-submitted application from
TransCanada and will conduct a review of the application in accordance
with the Presidential Memorandum and any other applicable requirements.
On February 5, 2014, the Department invited members of the public
to comment on any factor they deem relevant to the national interest
determination that will be made for the Keystone XL project application
(79 FR 6984) and it is not inviting further public comment at this
time.
Background information related to the application, including a copy
of TransCanada's re-submitted application may be found at http://www.keystonepipeline-xl.state.gov.

FOR FURTHER INFORMATION CONTACT: Director, Energy Resources Bureau,
Energy Governance and Access, Policy Analysis and Public Diplomacy
(ENR/EGA/PAPD), United States Department

[[Page 10430]]

of State, 2201 C St. NW., Suite 4422, Washington, DC 20520.

Richard W. Westerdale II,
Director, Energy Resources Bureau, Energy Governance and Access, Policy
Analysis and Public Diplomacy (ENR/EGA/PAPD), Bureau of Energy
Resources, Department of State.

Presidential Memorandum Regarding Construction of the Keystone XL
Pipeline

MEMORANDUM FOR THE SECRETARY OF STATE, THE SECRETARY OF THE ARMY, THE
SECRETARY OF THE INTERIOR

SUBJECT: Construction of the Keystone XL Pipeline

Section 1. Policy. In accordance with Executive Order 11423 of
August 16, 1968, as amended, and Executive Order 13337 of April 30,
2004, the Secretary of State has delegated authority to receive
applications for Presidential permits for the construction,
connection, operation, or maintenance, at the borders of the United
States, of facilities for the exportation or importation of
petroleum, petroleum products, coal, or other fuels to or from a
foreign country, and to issue or deny such Presidential permits. As
set forth in those Executive Orders, the Secretary of State should
issue a Presidential permit for any cross-border pipeline project
that ``would serve the national interest.''
Accordingly, pursuant to the authority vested in me as President
by the Constitution and the laws of the United States of America, I
hereby direct as follows:
Sec. 2. Invitation to Submit an Application. I hereby invite
TransCanada Keystone Pipeline, L.P. (TransCanada), to promptly re-
submit its application to the Department of State for a Presidential
permit for the construction and operation of the Keystone XL
Pipeline, a major pipeline for the importation of petroleum from
Canada to the United States.
Sec. 3. Directives. (a) Department of State. The Secretary of
State shall, if the application referred to in section 2 is
submitted, receive the application and take all actions necessary
and appropriate to facilitate its expeditious review. With respect
to that review, I hereby direct as follows:
(i) The Secretary of State shall reach a final permitting
determination, including a final decision as to any conditions on
issuance of the permit that are necessary or appropriate to serve
the national interest, within 60 days of TransCanada's submission of
the permit application.
(ii) To the maximum extent permitted by law, the Final
Supplemental Environmental Impact Statement issued by the Department
of State in January 2014 regarding the Keystone XL Pipeline (Final
Supplemental EIS) and the environmental analysis, consultation, and
review described in that document (including appendices) shall be
considered by the Secretary of State to satisfy the following with
respect to the Keystone XL Pipeline as described in TransCanada's
permit application to the Department of State of May 4, 2012:
(A) all applicable requirements of the National Environmental
Policy Act of 1969, 42 U.S.C. 4321 et seq.; and
(B) any other provision of law that requires executive
department consultation or review (including the consultation or
review required under section 7(a) of the Endangered Species Act of
1973, 16 U.S.C. 1536(a)).
(iii) To the maximum extent permitted by law, any Federal permit
or authorization issued before the date of this memorandum for the
Keystone XL Pipeline shall remain in effect until the completion of
the project.
(iv) The agency notification and fifteen-day delay requirements
of sections 1(g), 1(h), and 1(i) of Executive Order 13337 are hereby
waived on the basis that, under the circumstances, observance of
these requirements would be unnecessary, unwarranted, and a waste of
resources.
(b) Department of the Army. The Secretary of the Army shall, if
the application referred to in section 2 is submitted and a
Presidential permit issued, instruct the Assistant Secretary of the
Army for Civil Works and the U.S. Army Corps of Engineers, including
the Commanding General and Chief of Engineers, to take all actions
necessary and appropriate to review and approve as warranted, in an
expedited manner, requests for authorization to utilize Nationwide
Permit 12 under section 404(e) of the Clean Water Act, 33 U.S.C.
1344(e), with respect to crossings of the ``waters of the United
States'' by the Keystone XL Pipeline, to the maximum extent
permitted by law.
(c) Department of the Interior. The Secretary of the Interior,
as well as the Directors of the Bureau of Land Management and the
United States Fish and Wildlife Service, shall, if the application
referred to in section 2 is submitted and a Presidential permit
issued, take all steps necessary and appropriate to review and
approve as warranted, in an expedited manner, requests for approvals
related to the Keystone XL Pipeline, to the maximum extent permitted
by law, including: (i) requests for grants of right-of-way and
temporary use permits from the Bureau of Land Management; (ii)
requests under the United States Fish and Wildlife Service's
regulations implementing the Migratory Bird Treaty Act, 16 U.S.C.
703 et seq.; and (iii) requests for approvals or other relief
related to other applicable laws and regulations.
(d) Publication. The Secretary of State shall promptly provide a
copy of this memorandum to the Speaker of the House of
Representatives, the President pro tempore of the Senate, the
Majority Leader of the Senate, and the Governors of each State
located along the Keystone XL Pipeline route as described in
TransCanada's application of May 4, 2012. The Secretary of State is
authorized and directed to publish this memorandum in the Federal
Register.
(e) Private Property. Nothing in this memorandum alters any
Federal, State, or local process or condition in effect on the date
of this memorandum that is necessary to secure access from an owner
of private property to construct the pipeline and cross-border
facilities described herein. Land or an interest in land for the
pipeline and cross-border facilities described herein may only be
acquired consistently with the Constitution and applicable State
laws.
Sec. 4. General Provisions. (a) Nothing in this memorandum shall
be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or
agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.
(b) This memorandum shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any
other person.
Donald J. Trump

[FR Doc. 2017-02740 Filed 2-9-17; 8:45 am]
BILLING CODE 4710-AE-P

Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices 10429

FOR FURTHER INFORMATION CONTACT: Department issued an amended NOI barrels per day of crude oil from
Project details on the Enbridge (2014 NOI) on August 18, 2014 (79 FR Alberta, Canada and the Bakken shale
application for a new Presidential 48817) and conducted additional public formation in North Dakota and
Permit for Line 67 (including the scoping. A description of the proposed Montana. The pipeline would cross the
amendment thereto), as well as the Draft project is included in the 2014 NOI and U.S. border near Morgan, Montana and
SEIS and information on the within Chapter 2 of the Draft SEIS. continue through Montana, North
Presidential Permit process, are Dakota, South Dakota, and Nebraska,
Availability of the Draft SEIS
available on the following Web site: where it would connect to existing
http://www.state.gov/e/enr/applicant/ Copies of the Draft SEIS have been pipeline facilities near Steele City,
applicants/. distributed to state and governmental
Nebraska for onward delivery to
Please refer to this Web site or contact agencies, tribal governments, and other
Cushing, Oklahoma and the U.S. Gulf
Ms. Mary D. Hassell at the address listed interested parties. Printed copies of the
document may be obtained by visiting Coast Region.
in the ADDRESSES section of this notice.
SUPPLEMENTARY INFORMATION: The the libraries listed below or by On November 6, 2015, the Department
Department evaluates Presidential contacting Mary Hassell at the above announced the Secretary of State’s
Permits under Executive Order (E.O.) address. The Draft SEIS is available on determination under Executive Order
13337 and 11423, as amended. E.O. the project Web site at http:// 13337 that issuing a Presidential Permit
13337 delegates to the Secretary of State www.state.gov/e/enr/applicant/ to TransCanada for the proposed
the President’s authority to receive applicants/. Keystone XL pipeline’s border facilities
applications for permits for the A.C. Clark Library, Bemidji, MN would not serve the national interest,
construction, operation or maintenance Bemidji Public Library, Bemidji, MN and denied the Permit application. On
of facilities for the exportation and Cass Lake Community Library, Cass January 24, 2017, President Donald J.
importation of petroleum, petroleum Lake, MN Trump issued a Presidential
products, coal or other fuels (except Cloquet Public Library, Cloquet, MN Memorandum (the ‘‘Presidential
natural gas) at the borders of the United Duluth Public Library, Duluth, MN Memorandum’’) on the Construction of
States, and to issue or deny such Grand Rapids Public Library, Grand the Keystone XL Pipeline which, inter
Presidential Permits upon a national Rapids, MN alia, invited TransCanada ‘‘to re-submit
interest determination. To make this Hallock Public Library, Hallock, MN its application to the Department of
determination, the Department Northwest Regional Library, Thief River State for a Presidential permit for the
considers many factors, including but Falls, MN
construction and operation of the
not limited to foreign policy; energy Pembina School and Public Library,
Keystone XL Pipeline. . . .’’ The
security; environmental, cultural and Pembina, ND
Superior Public Library, Superior, WI Presidential Memorandum is
economic impacts; and compliance with reproduced in its entirety at the end of
applicable law and policy. Barton J. Putney, this notice.
On March 15, 2013, the Department Director, Office of Environmental Quality and
issued a Notice of Intent (NOI) To The Department has received a re-
Transboundary Issues, Department of State.
Prepare a Supplemental Environmental submitted application from
[FR Doc. 2017–02749 Filed 2–9–17; 8:45 am]
Impact Statement (SEIS) and To TransCanada and will conduct a review
BILLING CODE 4710–09–P
Conduct Scoping and To Initiate of the application in accordance with
Consultation consistent With the the Presidential Memorandum and any
National Environmental Policy Act DEPARTMENT OF STATE other applicable requirements.
(NEPA) and Section 106 of the National On February 5, 2014, the Department
Historic Preservation Act (NHPA) for the [Public Notice: 9881]
invited members of the public to
Proposed Enbridge Energy, Limited comment on any factor they deem
Notice of Receipt of TransCanada
Partnership, Line 67 Capacity relevant to the national interest
Keystone Pipeline, L.P.’s Re-
Expansion Project (2013 NOI) in the determination that will be made for the
Application for a Presidential Permit
Federal Register (78 FR 16565). The Keystone XL project application (79 FR
To Construct, Connect, Operate, and
2013 NOI informed the public that the
Maintain Pipeline Facilities on the 6984) and it is not inviting further
Department would be preparing an SEIS
Border of the United States and public comment at this time.
in support of its review of a November
Canada Background information related to the
2012 application from Enbridge Energy,
Limited Partnership (Enbridge) for a AGENCY: Department of State. application, including a copy of
new Presidential Permit that would, if ACTION: Notice. TransCanada’s re-submitted application
granted, authorize Enbridge to operate may be found at http://
its existing Line 67 at the pipeline’s full SUMMARY: TransCanada Keystone www.keystonepipeline-xl.state.gov.
design capacity. In June 2014, Enbridge Pipeline, L.P. (‘‘TransCanada’’) applied
FOR FURTHER INFORMATION CONTACT:
informed the Department that Enbridge on May 4, 2012 to the U.S. Department
Director, Energy Resources Bureau,
intends to increase pumping capacity of State (‘‘Department’’) for a
outside of the Line 67 ‘‘border segment’’ Presidential Permit that would Energy Governance and Access, Policy
(the portion of Line 67 from the authorize the construction, connection, Analysis and Public Diplomacy (ENR/
Canadian border to the first mainline operation, and maintenance of pipeline EGA/PAPD), United States Department
mstockstill on DSK3G9T082PROD with NOTICES

shut-off valve in the United States, facilities on the U.S./Canadian border in
which is the segment that would be Phillips County, Montana for the
covered by a Presidential Permit), and to importation of crude oil. The border
interconnect Line 67 with another facilities would be part of a proposed
Enbridge pipeline (Line 3) on both sides 875-mile pipeline and related facilities
of the border segment. In light of the (the Keystone XL project) that is
changes in the project description, the designed to transport up to 830,000

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10430 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices

of State, 2201 C St. NW., Suite 4422, (B) any other provision of law that requires Sec. 4. General Provisions. (a) Nothing in
Washington, DC 20520. executive department consultation or review this memorandum shall be construed to
(including the consultation or review impair or otherwise affect:
Richard W. Westerdale II, required under section 7(a) of the (i) the authority granted by law to an
Director, Energy Resources Bureau, Energy Endangered Species Act of 1973, 16 U.S.C. executive department or agency, or the head
Governance and Access, Policy Analysis and 1536(a)). thereof; or
Public Diplomacy (ENR/EGA/PAPD), Bureau (iii) To the maximum extent permitted by (ii) the functions of the Director of the
of Energy Resources, Department of State. law, any Federal permit or authorization Office of Management and Budget relating to
issued before the date of this memorandum budgetary, administrative, or legislative
Presidential Memorandum Regarding for the Keystone XL Pipeline shall remain in proposals.
Construction of the Keystone XL Pipeline effect until the completion of the project. (b) This memorandum shall be
(iv) The agency notification and fifteen-day implemented consistent with applicable law
MEMORANDUM FOR THE SECRETARY OF
delay requirements of sections 1(g), 1(h), and and subject to the availability of
STATE, THE SECRETARY OF THE ARMY, 1(i) of Executive Order 13337 are hereby
THE SECRETARY OF THE INTERIOR appropriations.
waived on the basis that, under the (c) This memorandum is not intended to,
SUBJECT: Construction of the Keystone XL circumstances, observance of these and does not, create any right or benefit,
Pipeline requirements would be unnecessary, substantive or procedural, enforceable at law
Section 1. Policy. In accordance with unwarranted, and a waste of resources. or in equity by any party against the United
Executive Order 11423 of August 16, 1968, as (b) Department of the Army. The Secretary States, its departments, agencies, or entities,
amended, and Executive Order 13337 of of the Army shall, if the application referred its officers, employees, or agents, or any other
April 30, 2004, the Secretary of State has to in section 2 is submitted and a Presidential person.
delegated authority to receive applications permit issued, instruct the Assistant Donald J. Trump
for Presidential permits for the construction, Secretary of the Army for Civil Works and
[FR Doc. 2017–02740 Filed 2–9–17; 8:45 am]
connection, operation, or maintenance, at the the U.S. Army Corps of Engineers, including
the Commanding General and Chief of BILLING CODE 4710–AE–P
borders of the United States, of facilities for
the exportation or importation of petroleum, Engineers, to take all actions necessary and
petroleum products, coal, or other fuels to or appropriate to review and approve as
from a foreign country, and to issue or deny warranted, in an expedited manner, requests
such Presidential permits. As set forth in for authorization to utilize Nationwide DEPARTMENT OF TRANSPORTATION
those Executive Orders, the Secretary of State Permit 12 under section 404(e) of the Clean
should issue a Presidential permit for any Water Act, 33 U.S.C. 1344(e), with respect to Federal Highway Administration
cross-border pipeline project that ‘‘would crossings of the ‘‘waters of the United States’’
serve the national interest.’’ by the Keystone XL Pipeline, to the Notice of Final Federal Agency Actions
Accordingly, pursuant to the authority maximum extent permitted by law. on Proposed Highways in Colorado
vested in me as President by the Constitution (c) Department of the Interior. The
and the laws of the United States of America, Secretary of the Interior, as well as the AGENCY: Federal Highway
I hereby direct as follows: Directors of the Bureau of Land Management Administration (FHWA), DOT.
Sec. 2. Invitation to Submit an Application. and the United States Fish and Wildlife ACTION: Notice of limitation on claims
I hereby invite TransCanada Keystone Service, shall, if the application referred to in for judicial review of actions by FHWA
Pipeline, L.P. (TransCanada), to promptly re- section 2 is submitted and a Presidential and other Federal agencies.
submit its application to the Department of permit issued, take all steps necessary and
State for a Presidential permit for the appropriate to review and approve as SUMMARY: This notice announces actions
construction and operation of the Keystone warranted, in an expedited manner, requests taken by FHWA and other Federal
XL Pipeline, a major pipeline for the for approvals related to the Keystone XL
agencies related to the Central 70 project
importation of petroleum from Canada to the Pipeline, to the maximum extent permitted
United States. by law, including: (i) requests for grants of in Denver and Aurora, Colorado, that
Sec. 3. Directives. (a) Department of State. right-of-way and temporary use permits from are final within the meaning of 23
The Secretary of State shall, if the application the Bureau of Land Management; (ii) requests U.S.C. 139(l)(1).
referred to in section 2 is submitted, receive under the United States Fish and Wildlife DATES: By this notice, FHWA is advising
the application and take all actions necessary Service’s regulations implementing the the public of final agency actions
and appropriate to facilitate its expeditious Migratory Bird Treaty Act, 16 U.S.C. 703 et subject to the statute of limitations in 23
review. With respect to that review, I hereby seq.; and (iii) requests for approvals or other
U.S.C. 139(l)(1). A claim seeking
direct as follows: relief related to other applicable laws and
(i) The Secretary of State shall reach a final regulations. judicial review of the Federal agency
permitting determination, including a final (d) Publication. The Secretary of State shall actions on the highway project will be
decision as to any conditions on issuance of promptly provide a copy of this barred unless the claim is filed on or
the permit that are necessary or appropriate memorandum to the Speaker of the House of before July 10, 2017. If the Federal law
to serve the national interest, within 60 days Representatives, the President pro tempore of that authorizes judicial review of a
of TransCanada’s submission of the permit the Senate, the Majority Leader of the Senate, claim provides a time period of less
application. and the Governors of each State located along than 150 days for filing such claim, then
(ii) To the maximum extent permitted by the Keystone XL Pipeline route as described that shorter time period still applies.
law, the Final Supplemental Environmental in TransCanada’s application of May 4, 2012.
Impact Statement issued by the Department The Secretary of State is authorized and FOR FURTHER INFORMATION CONTACT:
of State in January 2014 regarding the directed to publish this memorandum in the Chris Horn, Senior Area Engineer,
Keystone XL Pipeline (Final Supplemental Federal Register. Federal Highway Administration
EIS) and the environmental analysis, (e) Private Property. Nothing in this Colorado Division, 12300 W. Dakota
consultation, and review described in that memorandum alters any Federal, State, or Avenue, Lakewood, CO 80228, 720–
document (including appendices) shall be local process or condition in effect on the 963–3017, Chris.Horn@dot.gov, normal
mstockstill on DSK3G9T082PROD with NOTICES

considered by the Secretary of State to satisfy date of this memorandum that is necessary to business hours are 7:00 a.m. to 3:30 p.m.
the following with respect to the Keystone secure access from an owner of private
(Mountain time); or Vanessa Henderson,
XL Pipeline as described in TransCanada’s property to construct the pipeline and cross-
permit application to the Department of State border facilities described herein. Land or an I–70 East Environmental Manager,
of May 4, 2012: interest in land for the pipeline and cross- Colorado Department of Transportation,
(A) all applicable requirements of the border facilities described herein may only 2000 South Holly Street, Denver, CO
National Environmental Policy Act of 1969, be acquired consistently with the 80222, 303–512–5902,
42 U.S.C. 4321 et seq.; and Constitution and applicable State laws. vanessa.henderson@state.co.us, normal

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Document Created: 2017-02-11 18:15:13
Document Modified: 2017-02-11 18:15:13

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.
Contact		Director, Energy Resources Bureau, Energy Governance and Access, Policy Analysis and Public Diplomacy (ENR/EGA/PAPD), United States Department of State, 2201 C St. NW., Suite 4422, Washington, DC 20520.
FR Citation		82 FR 10429