82 FR 31625 - Notice of Availability of a Draft Candidate Conservation Agreement, Draft Candidate Conservation Agreements With Assurances, and Draft Environmental Assessment for Activities Within Eddy County, New Mexico, and Culberson County, Texas
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 129 (July 7, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 129 (July 7, 2017)
| Page Range | 31625-31627 | |
| FR Document | 2017-14235 |
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)] [Notices] [Pages 31625-31627] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14235] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R2-ES-2017-N083; FXES11140200000-178-FF02ENEH00] Notice of Availability of a Draft Candidate Conservation Agreement, Draft Candidate Conservation Agreements With Assurances, and Draft Environmental Assessment for Activities Within Eddy County, New Mexico, and Culberson County, Texas AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: This notice advises the public that the Center of Excellence in Hazardous Material Management (CEHMM; applicant) and the New Mexico State Land Office (NMSLO, applicant) have applied to the Fish and Wildlife Service (Service) for two separate enhancement of survival permits pursuant to the Endangered Species Act of 1973, as amended (Act). The permit application includes draft programmatic candidate conservation agreement with assurances (CCAA) for the Texas hornshell and other covered species (the Rio Grande River cooter, gray redhorse, blue sucker, and Pecos springsnail) in west Texas and southeast New Mexico. A separate permit application includes a draft programmatic candidate conservation agreement with assurances (CCAA) for the Texas hornshell and other covered species (the Rio Grande River cooter, gray redhorse, blue sucker, and Pecos springsnail) that is valid only on New Mexico State trust lands. Additionally, the Service received a draft candidate conservation agreement (CCA) for the Texas hornshell and the other covered species from the Bureau of Land Management (BLM) that would address threats to these species on Federal land in southeastern New Mexico. The CCAAs, and associated permits, would authorize incidental take resulting from voluntary activities to restore, maintain, enhance, or create habitat for the covered species. The Service also announces the availability of a draft environmental assessment (EA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act. We are making the permit application packages, including the draft CCA, draft CCAAs, and draft EA, available for public review and comment. DATES: We will accept comments received or postmarked on or before August 7, 2017. Any comments we receive after the closing date or not postmarked by the closing date may not be considered in the final decision on this action. ADDRESSES: Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4012, Albuquerque, NM 87103, or by emailing fw2_hcp_permits@fws.gov. Obtaining Documents:Internet: You may obtain copies of the draft EA, draft CCA, and draft CCAA on the U.S. Fish and Wildlife Service's (Service) Web site at https://www.fws.gov/southwest/es/newmexico. U.S. Mail: A limited number of CD-ROM and printed copies of the draft EA, draft CCA, and draft CCAA are available, by request, from the Field Supervisor, by mail at New Mexico Ecological Services Field Office, U.S. Fish and Wildlife Service, 2105 Osuna NE., Albuquerque, NM 87113; by phone at 505-346-2525; or by fax at 505-346- 2542. Please note that your request is in reference to the draft Candidate [[Page 31626]] Conservation Agreement and Candidate Conservation Agreement with Assurances for the Texas Hornshell. In-Person: Copies of the draft EA, draft CCA, and draft CCAA are also available for public inspection and review at the following locations, by appointment and written request only, 8 a.m. to 4:30 p.m.: [cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 6034, Albuquerque, NM 87102. [cir] U.S. Fish and Wildlife Service, New Mexico Ecological Services Field Office, U.S. Fish and Wildlife Service, 2105 Osuna NE., Albuquerque, NM 87113. Comment submission: You may submit comments by one of the following methods. U.S. Mail: New Mexico Ecological Services Field Office, U.S. Fish and Wildlife Service, 2105 Osuna NE., Albuquerque, NM 87113; by phone at 505-346-2525; or by fax at 505-346-2542. Email: fw2_nm_es@fws.gov. FOR FURTHER INFORMATION CONTACT: Debra Hill, New Mexico Ecological Services Field Office, U.S. Fish and Wildlife Service, 2105 Osuna NE., Albuquerque, NM 87113; by telephone 505-346-2525; or by facsimile 505- 346-2542. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: This notice advises the public that the Center of Excellence in Hazardous Material Management (CEHMM; applicant) and the New Mexico State Land Office (NMSLO, applicant) have each applied to the Service for enhancement of survival permits pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act). The permit applications include draft CCAAs for the Texas hornshell (a mussel species) and other covered species (the Rio Grande River cooter, a turtle species; gray redhorse and blue sucker, two fish species; and the Pecos springsnail) in west Texas and southeast New Mexico. The CCAAs and associated permits would authorize incidental take resulting from voluntary activities to restore, maintain, enhance, or create habitat for these species. Additionally, the Service received a draft CCA for the Texas hornshell and the other covered species from the Bureau of Land Management (BLM). The Service also announces the availability of a draft EA that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act (42 U.S.C. 4321 et seq.; NEPA). We are making the permit application packages, including the draft CCA, draft CCAAs, and draft EA, available for public review and comment. Background Private and non-Federal property owners are encouraged to enter into the CCAA through CEHMM; participants with leased acres on NMSLO lands are encouraged to enter into the CCAA through the NMSLO; and Federal agencies, permittees, and lessees are encouraged to enter into the CCA. Through the CCAAs and CCA the participants voluntarily undertake management activities on their properties to enhance, restore, or maintain habitat benefiting species that are proposed for listing under the ESA, candidates for listing, or species that may become candidates or proposed for listing. Enhancement of survival (EOS) permits are issued to the applicants in association with approved CCAAs to authorize incidental take of the covered species from covered activities, should the species become listed. Through the CCAAs and their associated EOS permits, the Service provides assurances to property owners that they will not be subjected to increased land use restrictions if the covered species become listed under the ESA in the future, provided certain conditions are met. Although there are no assurances associated with the CCA, enrollees have a high degree of certainty that they will not be subject to increased land use restrictions by the Service if the covered species become listed under the ESA in the future. Application requirements and issuance criteria for EOS permits for CCAAs are found in the Code of Regulations (CFR) at 50 CFR 17.22(d)(2)(ii) and 17.32(d)(2)(ii), respectively. See also the joint policy on CCAAs, which was published in the Federal Register with the Department of Commerce's National Oceanic and Atmospheric Administration, National Marine Fisheries Service (80 FR 95164; December 27, 2016). Proposed Action The proposed action involves the issuance of two section 10(a)(1)(A) EOS permits by the Service to the applicants and approval of the proposed programmatic CCA and CCAAs to facilitate recovery activities on Federal and non-Federal lands in west Texas and southeastern New Mexico for the benefit of the proposed endangered species candidate Texas hornshell and other covered sensitive species (the Rio Grande River cooter, gray redhorse, blue sucker, and Pecos springsnail). The other covered species inhabit the same habitat and benefit from similar conservation measures as the Texas hornshell. The proposed term of the permits is 30 years. The proposed CCAAs would implement conservation measures that contribute to the recovery of the Texas hornshell and the other covered species. The proposed agreements would include the Service, CEHMM, and participants in the private lands CCAA, or the Service, NMSLO, and participants in the State lands office CCAA. CEHMM or NMSLO would hold separate EOS permits and enroll participants, who would hold individual certificates of inclusion (CI). Participants in the CCAAs may include landowners, oil and gas operators, commercial/agricultural water withdrawers, and livestock producers that hold leases, permits, or other authorizations on private or State lands. The EOS permits' authorization of ``take'' would become effective if any of the species become listed, as long as the enrolled landowner is in compliance with the terms and conditions of the respective CCAA, their CI, and the EOS permit. The CCAAs, the EOS permits, and the CIs would provide incentives for non-Federal property owners to participate in conservation efforts for the Texas hornshell and the other covered species. The CCAAs are part of a larger conservation effort for the Texas hornshell and the covered species within New Mexico that includes the CCA among the Service, the Bureau of Land Management, CEHMM, and participants that address conservation measures for the same species on Federal land. Participants in the CCA each hold an individual certificate of participation (CP) and include oil and gas operators, commercial/agricultural water withdrawers, livestock producers, Carlsbad Irrigation District, and other interested stakeholders that hold Federal leases, permits, or other authorizations. The CCA cannot include an EOS permit, and therefore, any enrolled Federal land management agency is not authorized for incidental take of the covered species in the event a listing occurs, and no assurances are provided by the Service to Federal land management agencies. Instead, if any of the covered species are listed under the Act, incidental take will be provided under a biological opinion, granting the participants a high degree of certainty that additional conservation measures or limitations, above those contained in the CCA and individual CPs, will not be imposed upon them should one or more [[Page 31627]] of the species become listed in the future. We have worked with the applicants to design conservation activities expected to have a net conservation benefit to the covered species within the covered area; however, landowners and enrollees would not have to conduct every activity in this list in order for their actions to have a net conservation benefit on the covered species. Each participant will need to follow their individual CIs or CPs and the conservation measures included within. Some examples of these conservation actions include the following: (1) Prevent new surface disturbance in habitat occupied by the Texas hornshell within the Black and Delaware Rivers; (2) Avoid new development within the Black and Delaware Rivers, Blue Springs, and their associated U.S. Geological Survey (USGS) 100-year floodplain; (3) Site new projects to take advantage of existing and available infrastructure; (4) Avoid obstructing or disrupting the natural flow of ephemeral drainages to the Black and Delaware Rivers; (5) Implement erosion control measures; (6) Avoid water withdrawal in habitat occupied by the Texas hornshell within the Black and Delaware Rivers; (7) Maintain minimal stream flows and cease withdrawal of water within the Black and Delaware Rivers if stream flows reach minimum levels; (8) Avoid using low-water crossings when other routes are available; (9) Clear invasive shrubs and replant with native plants in areas adjacent to occupied sites; and (10) Buy or lease water rights during periods of low flow to maintain minimal stream flows. Alternatives We considered four alternatives to the proposed action as part of the environmental assessment process--the No Action Alternative; Development of a CCA only Alternative; Development of a CCAA only Alternative; and, Development of a CCA and CCAA (covering both private and State lands). Under the No Action Alternative, a coordinated effort to conserve the covered species on non-Federal properties using a programmatic CCA and CCAA would not occur. Under the CCA only and the CCAA only alternatives, conservation would only be coordinated on either non-Federal or Federal lands rather than having a coordinated effort across the Black and Delaware Rivers. Under the CCA and CCAA alternative, conservation would be the same as the proposed action; however, State lands and private lands would be enrolled in the same CCAA. Next Steps We will evaluate the permit applications, associated documents, and comments we receive to determine whether the permit application meets the requirements of the Act, National Environmental Policy Act (NEPA), and implementing regulations. If we determine that all requirements are met, we will sign the proposed CCAAs, issue EOS permits under section 10(a)(1)(A) of the Act to CEHMM and the NMSLO for take of Texas hornshell and the other covered species in accordance with the terms of the CCAAs and specific terms and conditions of the authorizing permits, and sign the proposed CCA with BLM. We will not make our final decision until after the end of the 30-day public comment period, and we will fully consider all comments we receive during the public comment period. Public Availability of Comments Written comments we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representative or officials of organizations or businesses, will be made available for public disclosure in their entirety. Authority We provide this notice under section 10(c) of the Act and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6). Benjamin N. Tuggle, Regional Director, Southwest Region, Albuquerque, New Mexico. [FR Doc. 2017-14235 Filed 7-6-17; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices 31625
Semi-annual reporting is required to Estimated Number of Respondents: Frequency of Response: 1.
monitor grant management. 50. Average Hours per Response: .76.
Respondents (i.e. affected public):50. Estimated Number of Responses: 50. Total Estimated Burdens: 527.5.
ESTIMATED BURDEN
Annual Total Burden per Total annual Burden cost
Instruments Respondents Hourly rate **
responses responses response hours per instrument
HUD–424CB ................ 50 1 50 2.60 130.00 $31.82 $4,136.60
HUD–424CBW–I .......... 50 1 50 3.20 160.00 31.82 5,091.20
HUD–2990 ................... 50 1 50 0.00 0.00 00.00 00.00
HUD–2991 ................... 50 1 50 0.00 0.00 00.00 00.00
HUD–2993 ................... 50 1 50 0.00 0.00 00.00 00.00
HUD–2994A ................. 50 1 50 0.50 25.00 31.82 790.50
HUD–27061 ................. 50 1 50 1.25 62.50 31.82 1,975.25
HUD–27300 ................. 50 1 50 3.00 150.00 31.82 4,773.00
Total ...................... ........................ ........................ ........................ 1.32 527.50 31.82 16,766.82
B. Solicitation of Public Comment DEPARTMENT OF THE INTERIOR Management (BLM) that would address
threats to these species on Federal land
This notice is soliciting comments Fish and Wildlife Service in southeastern New Mexico. The
from members of the public and affected CCAAs, and associated permits, would
parties concerning the collection of [FWS–R2–ES–2017–N083;
FXES11140200000–178–FF02ENEH00] authorize incidental take resulting from
information described in Section A on voluntary activities to restore, maintain,
the following: Notice of Availability of a Draft enhance, or create habitat for the
(1) Whether the proposed collection Candidate Conservation Agreement, covered species. The Service also
of information is necessary for the Draft Candidate Conservation announces the availability of a draft
proper performance of the functions of Agreements With Assurances, and environmental assessment (EA) that has
the agency, including whether the Draft Environmental Assessment for been prepared to evaluate the permit
Activities Within Eddy County, New application in accordance with the
information will have practical utility;
Mexico, and Culberson County, Texas requirements of the National
(2) The accuracy of the agency’s Environmental Policy Act. We are
estimate of the burden of the proposed AGENCY: Fish and Wildlife Service, making the permit application packages,
collection of information; Interior. including the draft CCA, draft CCAAs,
(3) Ways to enhance the quality, ACTION: Notice of availability; request and draft EA, available for public review
utility, and clarity of the information to for comments. and comment.
be collected; and DATES: We will accept comments
SUMMARY: This notice advises the public received or postmarked on or before
(4) Ways to minimize the burden of that the Center of Excellence in August 7, 2017. Any comments we
the collection of information on those Hazardous Material Management receive after the closing date or not
who are to respond; including through (CEHMM; applicant) and the New postmarked by the closing date may not
the use of appropriate automated Mexico State Land Office (NMSLO, be considered in the final decision on
collection techniques or other forms of applicant) have applied to the Fish and this action.
information technology, e.g., permitting Wildlife Service (Service) for two ADDRESSES: Persons wishing to review
electronic submission of responses. separate enhancement of survival the application may obtain a copy by
HUD encourages interested parties to permits pursuant to the Endangered writing to the Regional Director, U.S.
submit comment in response to these Species Act of 1973, as amended (Act). Fish and Wildlife Service, P.O. Box
The permit application includes draft 1306, Room 4012, Albuquerque, NM
questions.
programmatic candidate conservation 87103, or by emailing fw2_hcp_
Authority: Section 3507 of the Paperwork agreement with assurances (CCAA) for permits@fws.gov.
Reduction Act of 1995, 44 U.S.C. Chapter 35. the Texas hornshell and other covered Obtaining Documents:
Dated: June 21, 2017. species (the Rio Grande River cooter, • Internet: You may obtain copies of
Anna P. Guido,
gray redhorse, blue sucker, and Pecos the draft EA, draft CCA, and draft CCAA
springsnail) in west Texas and southeast on the U.S. Fish and Wildlife Service’s
Department Reports Management Officer,
New Mexico. A separate permit (Service) Web site at https://
Office of the Chief Information Officer.
application includes a draft www.fws.gov/southwest/es/newmexico.
[FR Doc. 2017–14298 Filed 7–6–17; 8:45 am]
programmatic candidate conservation • U.S. Mail: A limited number of CD–
BILLING CODE 4210–67–P agreement with assurances (CCAA) for ROM and printed copies of the draft EA,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the Texas hornshell and other covered draft CCA, and draft CCAA are
species (the Rio Grande River cooter, available, by request, from the Field
gray redhorse, blue sucker, and Pecos Supervisor, by mail at New Mexico
springsnail) that is valid only on New Ecological Services Field Office, U.S.
Mexico State trust lands. Additionally, Fish and Wildlife Service, 2105 Osuna
the Service received a draft candidate NE., Albuquerque, NM 87113; by phone
conservation agreement (CCA) for the at 505–346–2525; or by fax at 505–346–
Texas hornshell and the other covered 2542. Please note that your request is in
species from the Bureau of Land reference to the draft Candidate
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![Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices 31627
of the species become listed in the Next Steps DEPARTMENT OF THE INTERIOR
future.
We have worked with the applicants We will evaluate the permit Bureau of Land Management
to design conservation activities applications, associated documents, and
[LLORN00100.L63340000.PH0000.
expected to have a net conservation comments we receive to determine 17XL1116AF.LXSSH1020000.HAG 17–0116]
benefit to the covered species within the whether the permit application meets
covered area; however, landowners and the requirements of the Act, National Public Meeting for the Northwest
enrollees would not have to conduct Environmental Policy Act (NEPA), and Oregon Resource Advisory Council
every activity in this list in order for implementing regulations. If we
their actions to have a net conservation determine that all requirements are met, AGENCY: Bureau of Land Management,
benefit on the covered species. Each we will sign the proposed CCAAs, issue Interior.
participant will need to follow their EOS permits under section 10(a)(1)(A) ACTION: Notice of public meeting.
individual CIs or CPs and the of the Act to CEHMM and the NMSLO
conservation measures included within. SUMMARY: In accordance with the
for take of Texas hornshell and the other Federal Land Policy and Management
Some examples of these conservation covered species in accordance with the
actions include the following: (1) Act of 1976 and the Federal Advisory
terms of the CCAAs and specific terms Committee Act of 1972, the U.S.
Prevent new surface disturbance in
and conditions of the authorizing Department of the Interior, Bureau of
habitat occupied by the Texas hornshell
within the Black and Delaware Rivers; permits, and sign the proposed CCA Land Management’s (BLM) Northwest
(2) Avoid new development within the with BLM. We will not make our final Oregon Resource Advisory Council
Black and Delaware Rivers, Blue decision until after the end of the 30- (RAC) will meet as indicated below.
Springs, and their associated U.S. day public comment period, and we DATES: The Northwest Oregon RAC will
Geological Survey (USGS) 100-year will fully consider all comments we hold a public meeting on Wednesday,
floodplain; (3) Site new projects to take receive during the public comment July 26, 2017, from 9 a.m. to 5 p.m.,
advantage of existing and available period. Pacific Daylight Time.
infrastructure; (4) Avoid obstructing or ADDRESSES: The Northwest Oregon RAC
Public Availability of Comments
disrupting the natural flow of ephemeral will meet at the BLM Springfield
drainages to the Black and Delaware Written comments we receive become Interagency Office, 3106 Pierce
Rivers; (5) Implement erosion control part of the public record associated with Parkway, Springfield, OR 97477.
measures; (6) Avoid water withdrawal this action. Before including your FOR FURTHER INFORMATION CONTACT:
in habitat occupied by the Texas address, phone number, email address, Jennifer Velez, Public Affairs Officer,
hornshell within the Black and or other personal identifying 1717 Fabry Road SE., Salem, OR 97306;
Delaware Rivers; (7) Maintain minimal 541–222–9241; jvelez@blm.gov. Persons
information in your comment, you
stream flows and cease withdrawal of who use a telecommunications device
should be aware that your entire
water within the Black and Delaware for the deaf (TDD) may call the Federal
Rivers if stream flows reach minimum comment, including your personal
identifying information, may be made Relay Service (FRS) at 1(800) 877–8339
levels; (8) Avoid using low-water to contact the above individuals during
crossings when other routes are publicly available at any time. While
you can request in your comment that normal business hours. The FRS is
available; (9) Clear invasive shrubs and
we withhold your personal identifying available 24 hours a day, 7 days a week,
replant with native plants in areas
information from public review, we to leave a message or question with the
adjacent to occupied sites; and (10) Buy
cannot guarantee that we will be able to above individuals. You will receive a
or lease water rights during periods of
do so. We will not consider anonymous reply during normal business hours.
low flow to maintain minimal stream
flows. comments. All submissions from SUPPLEMENTARY INFORMATION: The 15-
organizations or businesses, and from member Northwest Oregon RAC was
Alternatives chartered to serve in an advisory
individuals identifying themselves as
We considered four alternatives to the representative or officials of capacity concerning the planning and
proposed action as part of the organizations or businesses, will be management of the public land
environmental assessment process—the resources located within the BLM’s
made available for public disclosure in
No Action Alternative; Development of Northwest Oregon District. Members
their entirety.
a CCA only Alternative; Development of represent an array of stakeholder
a CCAA only Alternative; and, Authority interests in the land and resources from
Development of a CCA and CCAA within the local area and statewide. All
(covering both private and State lands). We provide this notice under section advisory council meetings are open to
Under the No Action Alternative, a 10(c) of the Act and its implementing the public. Persons wishing to make
coordinated effort to conserve the regulations (50 CFR 17.22 and 17.32) comments during the public comment
covered species on non-Federal and NEPA and its implementing period should register in person with
properties using a programmatic CCA regulations (40 CFR 1506.6). the BLM, at the meeting location,
and CCAA would not occur. Under the preceding that meeting day’s comment
Benjamin N. Tuggle,
CCA only and the CCAA only period. At the July 26 meeting, members
Regional Director, Southwest Region,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
alternatives, conservation would only be will consider and make
coordinated on either non-Federal or Albuquerque, New Mexico. recommendations on the reallocation of
Federal lands rather than having a [FR Doc. 2017–14235 Filed 7–6–17; 8:45 am] Secure Rural Schools Title II funds.
coordinated effort across the Black and BILLING CODE 4333–15–P Other topics will include general
Delaware Rivers. Under the CCA and updates, a review of subcommittee and
CCAA alternative, conservation would future field trip opportunities, and
be the same as the proposed action; likely a presentation by the Association
however, State lands and private lands of Oregon Counties pertaining to the
would be enrolled in the same CCAA. Oregon and California Railroad
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Document Created: 2017-07-07 02:20:12
Document Modified: 2017-07-07 02:20:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comments. | |
| Dates | We will accept comments received or postmarked on or before August 7, 2017. Any comments we receive after the closing date or not postmarked by the closing date may not be considered in the final decision on this action. | |
| Contact | Debra Hill, New Mexico Ecological Services Field Office, U.S. Fish and Wildlife Service, 2105 Osuna NE., Albuquerque, NM 87113; by telephone 505-346-2525; or by facsimile 505- 346-2542. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800-877-8339. | |
| FR Citation | 82 FR 31625 |
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