82_FR_17535 82 FR 17467 - Market Test of Experimental Product-Customized Delivery

82 FR 17467 - Market Test of Experimental Product-Customized Delivery

POSTAL REGULATORY COMMISSION

Federal Register Volume 82, Issue 68 (April 11, 2017)

Page Range17467-17468
FR Document2017-07176

The Commission is noticing a recently-filed Postal Service request for an exemption from the $10 million annual revenue limitation for the Customized Delivery market test. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

Federal Register, Volume 82 Issue 68 (Tuesday, April 11, 2017)
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17467-17468]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07176]


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POSTAL REGULATORY COMMISSION

[Docket No. MT2014-1; Order No. 3849]


Market Test of Experimental Product-Customized Delivery

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request for an exemption from the $10 million annual revenue limitation 
for the Customized Delivery market test. This notice informs the public 
of the filing, invites public comment, and takes other administrative 
steps.

DATES: Comments are due: April 26, 2017.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: On April 4, 2017, the Postal Service filed a 
request, pursuant to 39 U.S.C. 3641(e)(2), for an exemption from the 
$10 million annual revenue limitation for the Customized Delivery 
market test.\1\ The Commission authorized the market test to proceed in 
Order No. 2224 and authorized the extension of the market test in Order 
No. 3543 until October 31, 2017.\2\
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    \1\ Request of the United States Postal Service for Exemption 
from Revenue Limitation on Market Test of Experimental Product--
Customized Delivery, with Portions Filed Under Seal, April 4, 2017 
(Request).
    \2\ See Order Authorizing Customized Delivery Market Test, 
October 23, 2014 (Order No. 2224); see also Order Authorizing 
Extension of Customized Delivery Market Test and Updating Data 
Collection Plan, September 28, 2016 (Order No. 3543).
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    The Postal Service states that ``Customized Delivery is an 
experimental package delivery service that offers delivery of groceries 
and other prepackaged goods within a customized delivery window.'' 
Request at 4. The Postal Service states that the purpose of the market 
test is to test and develop a long-term, scalable solution to 
facilitate expansion to additional markets. Id.
    Total revenues anticipated or received by the Postal Service from 
the Customized Delivery market test must not exceed $10 million in any 
year unless the Commission exempts the market test from that limit.\3\ 
If the Commission grants an exemption, total revenues anticipated or 
received by the Postal Service from Customized Delivery may not exceed 
$50 million in any year, adjusted for inflation. Id. 39 U.S.C. 
3641(e)(2), (g). In its initial notice for the Customized Delivery 
market test, the Postal Service requested an exemption from the $10 
million revenue limitation based on then-current projections of 
expected revenue.\4\ The Commission denied the request for exemption as 
premature, but noted that the Postal Service may resubmit its request 
``once it collects sufficient data to calculate the total revenue 
received and estimate the additional revenue anticipated for each 
fiscal year of the market test.'' Order No. 2224 at 18.
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    \3\ See 39 U.S.C. 3641(e). The $10 million annual limitation is 
adjusted by the change in the consumer price index for all urban 
consumers (CPI-U). Id. 39 U.S.C. 3641(g).
    \4\ Notice of the United States Postal Service of Market Test of 
Experimental Product--Customized Delivery, September 23, 2014, at 7.
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    The Postal Service asserts that it now has the data available to 
make the calculations requested by the Commission. Request at 3. The 
Postal Service states that if current demand for Customized Delivery 
continues, it anticipates reaching the inflation adjusted $10 million 
revenue limitation for FY 2017 in early June 2017.\5\
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    \5\ Id. The Postal Service calculates an inflation adjusted 
revenue limitation of $11,170,163. Id. at 2.
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    The Commission shall approve the request for exemption if it 
determines that: (1) The product is likely to benefit the public and 
meet an expected demand; (2) the product is likely to contribute to the 
financial stability of the Postal Service; and (3) the product is 
unlikely to result in unfair or otherwise inappropriate competition. 39 
U.S.C. 3641(e)(2). In its Request, the Postal Service discusses how the 
Customized Delivery market test benefits the public and meets an 
expected demand, contributes to the Postal Service's financial 
stability, and is unlikely to result in unfair or inappropriate 
competition. Request at 5-7. The Commission's regulations require the 
Postal Service to file cost and revenue information with its request 
for exemption. 39 CFR 3035.16(f). The Postal Service asserts that the 
financial documentation and workpapers submitted under seal show actual 
and expected revenue and costs for the market test. Request at 1, 4.
    The Commission invites comments on whether the Request complies 
with applicable statutory and regulatory requirements, including 39 
U.S.C. 3641, 39 CFR part 3035, Order No. 2224, and Order No. 3543. 
Comments are due no later than April 26, 2017. The public portions of 
these filings can be accessed via the Commission's Web site (http://www.prc.gov).
    39 U.S.C. 505 requires the Commission to designate an officer of 
the Commission to represent the interests of the general public in all 
public proceedings (Public Representative). The Commission previously 
appointed Lauren A. D'Agostino to serve as the Public Representative in 
this proceeding. She

[[Page 17468]]

remains appointed to serve as the Public Representative.
    It is ordered:
    1. The Commission invites comments on the Request of the United 
States Postal Service for Exemption from Revenue Limitation on Market 
Test of Experimental Product--Customized Delivery, with Portions Filed 
Under Seal, filed April 4, 2017.
    2. Pursuant to 39 U.S.C. 505, Lauren A. D'Agostino remains 
appointed to serve as the Public Representative in this proceeding.
    3. Comments by interested persons are due no later than April 26, 
2017.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2017-07176 Filed 4-10-17; 8:45 am]
 BILLING CODE 7710-FW-P



                                                                               Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices                                                    17467

                                                administration to provide the patient                   invites public comment, and takes other               projections of expected revenue.4 The
                                                time to make isolation arrangements or                  administrative steps.                                 Commission denied the request for
                                                the licensee to make plans to hold the                  DATES: Comments are due: April 26,                    exemption as premature, but noted that
                                                patient, if the patient cannot be                       2017.                                                 the Postal Service may resubmit its
                                                immediately released?                                                                                         request ‘‘once it collects sufficient data
                                                   1. If so, explain why and describe                   ADDRESSES:   Submit comments                          to calculate the total revenue received
                                                what the requirement should include.                    electronically via the Commission’s                   and estimate the additional revenue
                                                   2. If not, explain why the requirement               Filing Online system at http://                       anticipated for each fiscal year of the
                                                is not needed.                                          www.prc.gov. Those who cannot submit                  market test.’’ Order No. 2224 at 18.
                                                   3. In either case, describe the resulting            comments electronically should contact                   The Postal Service asserts that it now
                                                health and safety benefits, or lack of                  the person identified in the FOR FURTHER              has the data available to make the
                                                benefits, to individual being released,                 INFORMATION CONTACT section by                        calculations requested by the
                                                the licensee, and to the public.                        telephone for advice on filing                        Commission. Request at 3. The Postal
                                                                                                        alternatives.                                         Service states that if current demand for
                                                F. Requirement To Ensure Patients Are
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      Customized Delivery continues, it
                                                Given Instructions Prior to the
                                                                                                        David A. Trissell, General Counsel, at                anticipates reaching the inflation
                                                Procedure
                                                                                                        202–789–6820.                                         adjusted $10 million revenue limitation
                                                   The current NRC patient release                                                                            for FY 2017 in early June 2017.5
                                                                                                        SUPPLEMENTARY INFORMATION: On April
                                                regulations require the licensee to                                                                              The Commission shall approve the
                                                                                                        4, 2017, the Postal Service filed a
                                                provide the released individual with                                                                          request for exemption if it determines
                                                                                                        request, pursuant to 39 U.S.C.
                                                instructions if the dose to any                                                                               that: (1) The product is likely to benefit
                                                                                                        3641(e)(2), for an exemption from the
                                                individual is likely to exceed 1 mSv (0.1                                                                     the public and meet an expected
                                                                                                        $10 million annual revenue limitation
                                                rem). The requirements are silent on                                                                          demand; (2) the product is likely to
                                                                                                        for the Customized Delivery market
                                                when the required instructions should                                                                         contribute to the financial stability of
                                                                                                        test.1 The Commission authorized the
                                                be given to the patient. Some patients                                                                        the Postal Service; and (3) the product
                                                                                                        market test to proceed in Order No.
                                                are given instructions along with other                                                                       is unlikely to result in unfair or
                                                                                                        2224 and authorized the extension of
                                                medical release paperwork and may not                                                                         otherwise inappropriate competition. 39
                                                                                                        the market test in Order No. 3543 until
                                                be aware of the instructions.                                                                                 U.S.C. 3641(e)(2). In its Request, the
                                                   Question: Should the NRC explicitly                  October 31, 2017.2
                                                                                                                                                              Postal Service discusses how the
                                                include the time frame for providing                       The Postal Service states that
                                                                                                                                                              Customized Delivery market test
                                                instructions in the regulations (e.g., the              ‘‘Customized Delivery is an
                                                                                                                                                              benefits the public and meets an
                                                instructions should be given prior to the               experimental package delivery service
                                                                                                                                                              expected demand, contributes to the
                                                procedure)?                                             that offers delivery of groceries and
                                                                                                                                                              Postal Service’s financial stability, and
                                                   1. If so, explain why and provide a                  other prepackaged goods within a
                                                                                                                                                              is unlikely to result in unfair or
                                                recommended time period for the                         customized delivery window.’’ Request
                                                                                                                                                              inappropriate competition. Request at
                                                instructions to be provided.                            at 4. The Postal Service states that the
                                                                                                                                                              5–7. The Commission’s regulations
                                                   2. If not, explain why the requirement               purpose of the market test is to test and
                                                                                                                                                              require the Postal Service to file cost
                                                is not needed.                                          develop a long-term, scalable solution to
                                                                                                                                                              and revenue information with its
                                                   3. In either case, describe the resulting            facilitate expansion to additional
                                                                                                                                                              request for exemption. 39 CFR
                                                health and safety benefits, or lack of                  markets. Id.
                                                                                                                                                              3035.16(f). The Postal Service asserts
                                                benefits, to the individual being                          Total revenues anticipated or received
                                                                                                                                                              that the financial documentation and
                                                released, the licensee, and to the public.              by the Postal Service from the
                                                                                                                                                              workpapers submitted under seal show
                                                                                                        Customized Delivery market test must
                                                  Dated at Rockville, Maryland, this 3rd day                                                                  actual and expected revenue and costs
                                                                                                        not exceed $10 million in any year
                                                of April, 2017.                                                                                               for the market test. Request at 1, 4.
                                                                                                        unless the Commission exempts the
                                                  For the Nuclear Regulatory Commission.                                                                         The Commission invites comments on
                                                                                                        market test from that limit.3 If the
                                                Daniel S. Collins,                                                                                            whether the Request complies with
                                                                                                        Commission grants an exemption, total
                                                Director, Division of Material Safety, State,                                                                 applicable statutory and regulatory
                                                                                                        revenues anticipated or received by the
                                                Tribal and Rulemaking Programs, Office of                                                                     requirements, including 39 U.S.C. 3641,
                                                                                                        Postal Service from Customized
                                                Nuclear Material Safety and Safeguards.                                                                       39 CFR part 3035, Order No. 2224, and
                                                                                                        Delivery may not exceed $50 million in
                                                [FR Doc. 2017–07276 Filed 4–10–17; 8:45 am]                                                                   Order No. 3543. Comments are due no
                                                                                                        any year, adjusted for inflation. Id. 39
                                                                                                                                                              later than April 26, 2017. The public
                                                BILLING CODE 7590–01–P                                  U.S.C. 3641(e)(2), (g). In its initial notice
                                                                                                                                                              portions of these filings can be accessed
                                                                                                        for the Customized Delivery market test,
                                                                                                                                                              via the Commission’s Web site (http://
                                                                                                        the Postal Service requested an
                                                POSTAL REGULATORY COMMISSION                                                                                  www.prc.gov).
                                                                                                        exemption from the $10 million revenue
                                                                                                                                                                 39 U.S.C. 505 requires the
                                                [Docket No. MT2014–1; Order No. 3849]                   limitation based on then-current
                                                                                                                                                              Commission to designate an officer of
                                                                                                                                                              the Commission to represent the
                                                Market Test of Experimental Product-                      1 Request of the United States Postal Service for
                                                                                                                                                              interests of the general public in all
                                                Customized Delivery                                     Exemption from Revenue Limitation on Market Test
                                                                                                        of Experimental Product—Customized Delivery,          public proceedings (Public
                                                AGENCY:   Postal Regulatory Commission.                 with Portions Filed Under Seal, April 4, 2017         Representative). The Commission
                                                                                                        (Request).                                            previously appointed Lauren A.
srobinson on DSK5SPTVN1PROD with NOTICES




                                                ACTION:   Notice.                                         2 See Order Authorizing Customized Delivery
                                                                                                                                                              D’Agostino to serve as the Public
                                                                                                        Market Test, October 23, 2014 (Order No. 2224); see
                                                SUMMARY:   The Commission is noticing a                 also Order Authorizing Extension of Customized        Representative in this proceeding. She
                                                recently-filed Postal Service request for               Delivery Market Test and Updating Data Collection
                                                an exemption from the $10 million                       Plan, September 28, 2016 (Order No. 3543).              4 Notice of the United States Postal Service of
                                                                                                          3 See 39 U.S.C. 3641(e). The $10 million annual     Market Test of Experimental Product—Customized
                                                annual revenue limitation for the                       limitation is adjusted by the change in the           Delivery, September 23, 2014, at 7.
                                                Customized Delivery market test. This                   consumer price index for all urban consumers (CPI–      5 Id. The Postal Service calculates an inflation

                                                notice informs the public of the filing,                U). Id. 39 U.S.C. 3641(g).                            adjusted revenue limitation of $11,170,163. Id. at 2.



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                                                17468                           Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices

                                                remains appointed to serve as the Public                Securities Division (‘‘GSD’’) Rulebook                  members. In addition, it would enhance
                                                Representative.                                         (‘‘GSD Rules’’) and Mortgage-Backed                     the CRRM by shifting it from a relative
                                                  It is ordered:                                        Securities Division (‘‘MBSD’’) Clearing                 scoring approach to an absolute scoring
                                                  1. The Commission invites comments                    Rules (‘‘MBSD Rules,’’ and collectively                 approach.
                                                on the Request of the United States                     with the GSD Rules, the ‘‘Rules’’).4 The                   This rule filing also contains
                                                Postal Service for Exemption from                       proposed rule change would amend the                    proposed rule changes that are not
                                                Revenue Limitation on Market Test of                    Rules in order to (i) enhance the matrix                related to the proposed CRRM
                                                Experimental Product—Customized                         (hereinafter referred to as the ‘‘Credit                enhancements but that provide
                                                Delivery, with Portions Filed Under                     Risk Rating Matrix’’ or ‘‘CRRM’’) 5                     specificity, clarity and additional
                                                Seal, filed April 4, 2017.                              developed by FICC to evaluate the risks                 transparency to the Rules related to
                                                  2. Pursuant to 39 U.S.C. 505, Lauren                  posed by certain GSD Netting Members                    FICC’s current ongoing membership
                                                A. D’Agostino remains appointed to                      and MBSD Clearing Members                               monitoring process.
                                                serve as the Public Representative in                   (collectively, ‘‘CRRM-Rated Members’’)
                                                this proceeding.                                        to FICC and its members from providing                  (i) Background
                                                  3. Comments by interested persons                     services to these CRRM-Rated Members
                                                are due no later than April 26, 2017.                                                                              FICC occupies an important role in
                                                                                                        and (ii) make other amendments to the                   the securities settlement system by
                                                  4. The Secretary shall arrange for                    Rules to provide more transparency and
                                                publication of this order in the Federal                                                                        interposing itself through each of GSD
                                                                                                        clarity regarding FICC’s current ongoing
                                                Register.                                                                                                       and MBSD as a central counterparty
                                                                                                        membership monitoring process.
                                                                                                                                                                between members that are
                                                 By the Commission.
                                                                                                        II. Clearing Agency’s Statement of the                  counterparties to transactions accepted
                                                Ruth Ann Abrams,
                                                                                                        Purpose of, and Statutory Basis for, the                for clearing by FICC, thereby reducing
                                                Acting Secretary.                                       Proposed Rule Change                                    the risk faced by members. FICC uses
                                                [FR Doc. 2017–07176 Filed 4–10–17; 8:45 am]                                                                     the CRRM, the Watch List (as defined
                                                                                                           In its filing with the Commission, the
                                                BILLING CODE 7710–FW–P
                                                                                                        clearing agency included statements                     below) and the enhanced surveillance to
                                                                                                        concerning the purpose of and basis for                 manage and monitor default risks of its
                                                                                                        the proposed rule change and discussed                  members on an ongoing basis, as
                                                SECURITIES AND EXCHANGE                                 any comments it received on the                         discussed below. The level and
                                                COMMISSION                                              proposed rule change. The text of these                 frequency of such monitoring for a
                                                [Release No. 34–80383; File No. SR–FICC–                statements may be examined at the                       member is determined by the member’s
                                                2017–006]                                               places specified in Item IV below. The                  risk of default as assessed by FICC.
                                                                                                        clearing agency has prepared                            Members that are deemed by FICC to
                                                Self-Regulatory Organizations; Fixed                    summaries, set forth in sections A, B,                  pose a heightened risk to FICC and its
                                                Income Clearing Corporation; Notice of                  and C below, of the most significant                    members are subject to closer and more
                                                Filing of Proposed Rule Change To                       aspects of such statements.                             frequent monitoring.
                                                Enhance the Credit Risk Rating Matrix
                                                and Make Other Changes                                  (A) Clearing Agency’s Statement of the                  Existing Credit Risk Rating Matrix
                                                                                                        Purpose of, and Statutory Basis for, the                   In 2004, the Commission approved a
                                                April 5, 2017.                                          Proposed Rule Change
                                                   Pursuant to Section 19(b)(1) of the                                                                          proposed rule change filed by FICC
                                                Securities Exchange Act of 1934                         1. Purpose                                              (‘‘Initial Filing’’) 6 with respect to GSD
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    The proposed rule change would,                      and MBSD to establish new criteria for
                                                notice is hereby given that on March 22,                among other things, enhance the CRRM                    placing certain members of FICC on a
                                                2017, Fixed Income Clearing                             to enable it to rate FICC members that                  list for closer monitoring (‘‘Watch List’’).
                                                Corporation (‘‘FICC’’) filed with the                   are foreign banks or trust companies and                   FICC proposed in the Initial Filing
                                                Securities and Exchange Commission                      have audited financial data that is                     that all U.S. broker-dealers and U.S.
                                                (‘‘Commission’’) the proposed rule                      publicly available. It would also                       banks that were GSD Netting Members
                                                change as described in Items I, II and III              enhance the CRRM by allowing it to                      and/or MBSD Clearing Members would
                                                below, which Items have been prepared                   take into account qualitative factors                   be assigned a rating generated by
                                                by the clearing agency.3 The                            when generating credit ratings for FICC                 entering financial data of those members
                                                Commission is publishing this notice to                                                                         into an internally generated credit rating
                                                solicit comments on the proposed rule                      4 Capitalized terms not defined herein are defined   scorecard, i.e., the CRRM.7 In the Initial
                                                change from interested persons.                         in the GSD Rules, available at www.dtcc.com/∼/          Filing, FICC stated that all other types
                                                                                                        media/Files/Downloads/legal/rules/ficc_gov_
                                                                                                        rules.pdf, and the MBSD Rules, available at
                                                                                                                                                                of GSD Netting Members and MBSD
                                                I. Clearing Agency’s Statement of the                                                                           Clearing Members would be monitored
                                                                                                        www.dtcc.com/∼/media/Files/Downloads/legal/
                                                Terms of Substance of the Proposed                      rules/ficc_mbsd_rules.pdf.                              by credit risk staff using financial
                                                Rule Change                                                5 The proposed rule changes with respect to the
                                                                                                                                                                criteria deemed relevant by FICC but
                                                   The proposed rule change consists of                 enhancement of the CRRM are reflected in the
                                                                                                        inclusion of (1) qualitative factors and examples
                                                amendments to FICC’s Government                         thereof in the definition of ‘‘Credit Risk Rating          6 See Securities Exchange Act Release No. 49158

                                                                                                        Matrix’’ in GSD Rule 1 and MBSD Rule 1 and (2)          (January 30, 2004), 69 FR 5624 (February 5, 2004)
                                                  1 15 U.S.C. 78s(b)(1).                                certain GSD Foreign Netting Members that are            (SR–FICC–2003–03).
                                                  2 17                                                  banks or trust companies and MBSD Bank Clearing            7 Footnote 4 of the Initial Filing explained the
                                                       CFR 240.19b–4.
                                                                                                        Members that are Foreign Persons as CRRM-Rated          new criteria for rating members: ‘‘[FICC’s] approach
srobinson on DSK5SPTVN1PROD with NOTICES




                                                  3 On March 22, 2017, FICC filed this proposed

                                                rule change as an advance notice (SR–FICC–2017–         Members in GSD Rule 3 (Section 12(b)(i)(II)) and        to the analysis of members is based on a thorough
                                                804) with the Commission pursuant to Section            MBSD Rule 3 (Section 11(b)(i)(II)). The proposed        quantitative analysis. A broker-dealer member’s
                                                806(e)(1) of Title VIII of the Dodd-Frank Wall Street   enhancement to CRRM also necessitates a                 rating on the [CRRM] will be based on factors
                                                Reform and Consumer Protection Act entitled the         conforming change to the existing Section 12(b)         including size (i.e., total excess net capital), capital,
                                                Payment, Clearing, and Settlement Supervision Act       (renumbered to Section 12(c) in this proposed rule      leverage, liquidity, and profitability. Banks will be
                                                of 2010, 12 U.S.C. 5465(e)(1), and Rule 19b–            filing) of GSD Rule 3 by deleting the reference to      reviewed based on size, capital, asset quality,
                                                4(n)(1)(i) of the Act, 17 CFR 240.19b–4(n)(1)(i). A     Foreign Netting Members and Bank Netting                earnings, and liquidity.’’ Id. These quantitative
                                                copy of the advance notice is available at http://      Members participating through their U.S. branches       factors are still being applied today, and FICC
                                                www.dtcc.com/legal/sec-rule-filings.aspx.               or agencies, as further discussed below.                currently does not plan to change them.



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Document Created: 2017-04-11 00:48:29
Document Modified: 2017-04-11 00:48:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments are due: April 26, 2017.
ContactDavid A. Trissell, General Counsel, at 202-789-6820.
FR Citation82 FR 17467 

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