82_FR_32886 82 FR 32751 - Notice of Final Federal Agency Actions on Proposed Highway in California

82 FR 32751 - Notice of Final Federal Agency Actions on Proposed Highway in California

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range32751-32752
FR Document2017-14927

The FHWA is issuing this notice to announce actions taken by FHWA, U.S. Fish and Wildlife Service, and National Marine Fisheries Service that are final within the meaning of U.S. Code. The actions relate to a proposed highway project, US Route 101 between Eureka and Arcata in the County of Humboldt, State of California. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32751-32752]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14927]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the FHWA, California Department of Transportation (Caltrans), 
pursuant to 23 U.S.C. 327, and the US Fish and Wildlife Service, and 
National Marine Fisheries Service.

-----------------------------------------------------------------------

SUMMARY: The FHWA is issuing this notice to announce actions taken by 
FHWA, U.S. Fish and Wildlife Service, and National Marine Fisheries 
Service that are final within the meaning of U.S. Code. The actions 
relate to a proposed highway project, US Route 101 between Eureka and 
Arcata in the County of Humboldt, State of California. Those actions 
grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of the Federal agency actions on the highway project will be barred 
unless the claim is filed on or before December 14, 2017. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 150 days for filing such claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT:
Dave Tedrick, Senior Environmental Specialist, FHWA, 650 Capitol Mall, 
Suite 4-100, Sacramento, CA 95814, (916) 498-5025, 
david.tedrick@dot.gov.
Rosalind Litzky, Senior Environmental Planner, Caltrans, 1656 Union 
Street, Eureka, CA 95501, (707) 445-5222, rosalind.litzky@dot.ca.gov.
Jeffery Jahn, N.O.A.A. National Marine Fisheries Service, 1655 Heindon 
Road, Arcata, California 95521, (707) 825-5173, Jeffrey.Jahn@NOAA.GOV.
Greg Schmidt, U.S. Fish and Wildlife Service, 1655 Heindon Road, 
Arcata, California 95521, (707) 822-7201, Gregory_Schmidt@fws.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA, 
Caltrans, U.S. Fish and Wildlife Service, and National Marine Fisheries 
Service have taken final agency actions subject to 23 U.S.C. 139(l)(1) 
by issuing licenses, permits, and approvals for the following highway 
project in the State of California: The proposed Eureka-Arcata Route 
101 Corridor Improvement Project consists of various improvements on 
Route 101 between the Eureka Slough Bridge and the 11th St. 
overcrossing in Arcata. Major project features may include closing 
roadway median crossings, constructing a roadway grade separation at 
Indianola Cutoff, replacing the southbound Jacoby Creek Bridge, and 
partially or fully signalizing the Route 101/Airport Road intersection. 
The purpose of the project is to improve safety; reduce operational 
conflicts and delay; and rehabilitate roadway to meet current traffic 
engineering design standards as feasible. The actions by the Federal 
agencies, and the laws under which such actions were taken, are 
described in the Final Environmental Impact Statement (FEIS) for the 
project, approved on December 20, 2016, in the FHWA Record of Decision 
(ROD) issued on July 3, 2017, and in other documents in the FHWA 
project records. The FEIS, ROD, and other project records are available 
by contacting Caltrans at the addresses provided above. The FHWA FEIS 
and ROD can be viewed and downloaded from the project Web site at 
http://www.dot.ca.gov/dist1/d1projects/eureka_arcata/reports.htm, or 
viewed at public libraries in the project area.
    The U.S. N.O.A.A National Marine Fisheries consultation and Letter 
of Concurrence are available by contacting U.S. N.O.A.A National Marine 
Fisheries at the address provided above.
    The U.S. Fish and Wildlife Service consultation and Biological 
Opinion are available by contacting the U.S. Fish and Wildlife Service 
at the address provided above.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal Aid Highway Act; [23 U.S. C109].
    2. Air: Clean Air Act 42 U.S.C. 7401-7671(q).
    3. Migratory Bird Treaty Act [16 U.S.C. 703-712].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(aa)-11].
    5. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d) (1)]; The Uniform Relocation Assistance Act and Real 
Property Acquisition Policies Act of 1970, as amended.
    6. Hazardous Materials: Comprehensive Environmental response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; 
Superfund Amendments and Reauthorization Act of 1986 (SARA);
    7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898 Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13112 Invasive Species.

[[Page 32752]]

    8. Endangered Species Act 16 U.S.C. 1531-1543.
    9. Clean Water Act 33 U.S.C. 1251-1376.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority:  23 U.S.C. 139(l)(1).

Shawn Oliver,
Environmental Team Leader, Federal Highway Administration, Sacramento, 
California.
[FR Doc. 2017-14927 Filed 7-14-17; 8:45 am]
BILLING CODE 4910-RY-P



                                                                                    Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices                                           32751

                                                    document system requirements;                            ACTION: Notice of Limitation on Claims                Route 101/Airport Road intersection.
                                                    document facility, equipment,                            for Judicial Review of Actions by the                 The purpose of the project is to improve
                                                    infrastructure, operational and safety                   FHWA, California Department of                        safety; reduce operational conflicts and
                                                    data; capture qualitative workforce                      Transportation (Caltrans), pursuant to                delay; and rehabilitate roadway to meet
                                                    considerations, including training,                      23 U.S.C. 327, and the US Fish and                    current traffic engineering design
                                                    transition, facility, and potential                      Wildlife Service, and National Marine                 standards as feasible. The actions by the
                                                    workforce impacts of potential                           Fisheries Service.                                    Federal agencies, and the laws under
                                                    realignments; consider potential                                                                               which such actions were taken, are
                                                    impacts on operations, airspace                          SUMMARY:    The FHWA is issuing this                  described in the Final Environmental
                                                    modifications, route/fixes changes,                      notice to announce actions taken by                   Impact Statement (FEIS) for the project,
                                                    arrival/departure procedures, intra/                     FHWA, U.S. Fish and Wildlife Service,                 approved on December 20, 2016, in the
                                                    inter-facility coordination, and pilot                   and National Marine Fisheries Service                 FHWA Record of Decision (ROD) issued
                                                    community interaction; collect and                       that are final within the meaning of U.S.             on July 3, 2017, and in other documents
                                                    consider industry stakeholder input;                     Code. The actions relate to a proposed                in the FHWA project records. The FEIS,
                                                    quantify benefits and cost of potential                  highway project, US Route 101 between                 ROD, and other project records are
                                                    realignments; and develop a                              Eureka and Arcata in the County of                    available by contacting Caltrans at the
                                                    recommendation for each realignment                      Humboldt, State of California. Those                  addresses provided above. The FHWA
                                                    scenario. A copy of this report has been                 actions grant licenses, permits, and                  FEIS and ROD can be viewed and
                                                    placed in the docket for this notice. The                approvals for the project.                            downloaded from the project Web site at
                                                    docket may be accessed at http://                        DATES: By this notice, the FHWA is                    http://www.dot.ca.gov/dist1/d1projects/
                                                    www.regulations.gov. A copy of the                       advising the public of final agency                   eureka_arcata/reports.htm, or viewed at
                                                    report has also been made available on                   actions subject to 23 U.S.C. 139(l)(1). A             public libraries in the project area.
                                                    the FAA’s Web site at http://                            claim seeking judicial review of the                     The U.S. N.O.A.A National Marine
                                                    www.faa.gov/regulations_policies/                        Federal agency actions on the highway                 Fisheries consultation and Letter of
                                                    rulemaking/recently_published/.                          project will be barred unless the claim               Concurrence are available by contacting
                                                       The realignment recommendations                       is filed on or before December 14, 2017.              U.S. N.O.A.A National Marine Fisheries
                                                    outlined in the Part 3 report are the                    If the Federal law that authorizes                    at the address provided above.
                                                    result of a collaborative process that                   judicial review of a claim provides a                    The U.S. Fish and Wildlife Service
                                                    involved a multi-disciplinary team of                    time period of less than 150 days for                 consultation and Biological Opinion are
                                                    FAA management, labor, field facilities,                 filing such claim, then that shorter time             available by contacting the U.S. Fish
                                                    finance, and subject matter experts. The                 period still applies.                                 and Wildlife Service at the address
                                                    Section 804 process serves as a stable                   FOR FURTHER INFORMATION CONTACT:                      provided above.
                                                    foundation for future realignment                        Dave Tedrick, Senior Environmental                       This notice applies to all Federal
                                                    analyses and recommendations. The                           Specialist, FHWA, 650 Capitol Mall,                agency decisions as of the issuance date
                                                    process aims to maximize operational,                       Suite 4–100, Sacramento, CA 95814,                 of this notice and all laws under which
                                                    administrative, and maintenance                             (916) 498–5025,                                    such actions were taken, including but
                                                    efficiencies, support transition to                         david.tedrick@dot.gov.                             not limited to:
                                                    NextGen, and deliver the highest value                   Rosalind Litzky, Senior Environmental                    1. General: National Environmental
                                                    to stakeholders.                                            Planner, Caltrans, 1656 Union Street,              Policy Act (NEPA) [42 U.S.C. 4321–
                                                       The FAA is requesting comments on                        Eureka, CA 95501, (707) 445–5222,                  4351]; Federal Aid Highway Act; [23
                                                    this report pursuant to Section 804 of                      rosalind.litzky@dot.ca.gov.                        U.S. C109].
                                                    the FAA Modernization and Reform Act                     Jeffery Jahn, N.O.A.A. National Marine                   2. Air: Clean Air Act 42 U.S.C. 7401–
                                                    of 2012. The agency will consider all                       Fisheries Service, 1655 Heindon                    7671(q).
                                                    comments received on or before August                       Road, Arcata, California 95521, (707)                 3. Migratory Bird Treaty Act [16
                                                    31, 2017. Following a 60-day comment                        825–5173, Jeffrey.Jahn@NOAA.GOV.                   U.S.C. 703–712].
                                                    review period, the final report along                    Greg Schmidt, U.S. Fish and Wildlife                     4. Historic and Cultural Resources:
                                                    with public comments will be submitted                      Service, 1655 Heindon Road, Arcata,                Section 106 of the National Historic
                                                    to Congress. The FAA continues to                           California 95521, (707) 822–7201,                  Preservation Act of 1966, as amended
                                                    analyze data collected from facilities                      Gregory_Schmidt@fws.gov.                           [16 U.S.C. 470(aa)–11].
                                                                                                                                                                      5. Social and Economic: Civil Rights
                                                    across the United States and evaluate                    SUPPLEMENTARY INFORMATION:      Notice is             Act of 1964 [42 U.S.C. 2000(d)–2000(d)
                                                    possible realignment scenarios.                          hereby given that the FHWA, Caltrans,                 (1)]; The Uniform Relocation Assistance
                                                      Issued in Washington, DC, on July 10,                  U.S. Fish and Wildlife Service, and                   Act and Real Property Acquisition
                                                    2017.                                                    National Marine Fisheries Service have                Policies Act of 1970, as amended.
                                                    William Middleswart,                                     taken final agency actions subject to 23                 6. Hazardous Materials:
                                                    Management Services, Federal Aviation                    U.S.C. 139(l)(1) by issuing licenses,                 Comprehensive Environmental
                                                    Administration.                                          permits, and approvals for the following              response, Compensation, and Liability
                                                    [FR Doc. 2017–14872 Filed 7–14–17; 8:45 am]              highway project in the State of                       Act (CERCLA), 42 U.S.C. 9601–9675;
                                                    BILLING CODE 4910–13–P                                   California: The proposed Eureka-Arcata                Superfund Amendments and
                                                                                                             Route 101 Corridor Improvement Project                Reauthorization Act of 1986 (SARA);
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                                                                                                             consists of various improvements on                      7. Executive Orders: E.O. 11990
                                                    DEPARTMENT OF TRANSPORTATION                             Route 101 between the Eureka Slough                   Protection of Wetlands; E.O. 11988
                                                                                                             Bridge and the 11th St. overcrossing in               Floodplain Management; E.O. 12898
                                                    Federal Highway Administration                           Arcata. Major project features may                    Federal Actions to Address
                                                                                                             include closing roadway median                        Environmental Justice in Minority
                                                    Notice of Final Federal Agency Actions
                                                                                                             crossings, constructing a roadway grade               Populations and Low Income
                                                    on Proposed Highway in California
                                                                                                             separation at Indianola Cutoff, replacing             Populations; E.O. 11593 Protection and
                                                    AGENCY:Federal Highway                                   the southbound Jacoby Creek Bridge,                   Enhancement of Cultural Resources;
                                                    Administration (FHWA), DOT.                              and partially or fully signalizing the                E.O. 13112 Invasive Species.


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                                                    32752                           Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices

                                                      8. Endangered Species Act 16 U.S.C.                    www.archives.gov; the Government                      under certain circumstances. A request
                                                    1531–1543.                                               Publishing Office’s database at: https://             for such a waiver has been received by
                                                      9. Clean Water Act 33 U.S.C. 1251–                     www.gpo.gov/fdsys/; or the specific                   MARAD. The vessel, and a brief
                                                    1376.                                                    docket page at: www.regulations.gov.                  description of the proposed service, is
                                                    (Catalog of Federal Domestic Assistance                                                                        listed below.
                                                                                                             Background
                                                    Program Number 20.205, Highway Planning                                                                        DATES: Submit comments on or before
                                                    and Construction. The regulations                           Amended date and location for two                  August 16, 2017.
                                                    implementing Executive Order 12372                       pending ERWG meetings: Pursuant to                    ADDRESSES: Comments should refer to
                                                    regarding intergovernmental consultation on              the Federal Advisory Committee Act,                   docket number MARAD–2017–0123.
                                                    Federal programs and activities apply to this            FHWA’s Office of Freight Management                   Written comments may be submitted by
                                                    program.)                                                and Operations issued a notice for three              hand or by mail to the Docket Clerk,
                                                       Authority: 23 U.S.C. 139(l)(1).                       meetings in the Federal Register at 82                U.S. Department of Transportation,
                                                                                                             FR 27544. The FHWA held the first of                  Docket Operations, M–30, West
                                                    Shawn Oliver,                                            these announced public meetings. The
                                                    Environmental Team Leader, Federal                                                                             Building Ground Floor, Room W12–140,
                                                                                                             latter two meetings were originally                   1200 New Jersey Avenue SE.,
                                                    Highway Administration, Sacramento,                      scheduled for July 12–13, 2017, and
                                                    California.                                                                                                    Washington, DC 20590. You may also
                                                                                                             August 9–10, 2017. These meetings have                send comments electronically via the
                                                    [FR Doc. 2017–14927 Filed 7–14–17; 8:45 am]
                                                                                                             been rescheduled for:                                 Internet at http://www.regulations.gov.
                                                    BILLING CODE 4910–RY–P                                      • Meeting 2: Tuesday, August 8, 2017,              All comments will become part of this
                                                                                                             from 8:30 a.m.–4:30 p.m., and                         docket and will be available for
                                                                                                             Wednesday, August 9, 2017, from 8:30                  inspection and copying at the above
                                                    DEPARTMENT OF TRANSPORTATION                             a.m.–12:30 p.m.                                       address between 10:00 a.m. and 5:00
                                                                                                                • Meeting 3: Wednesday, September                  p.m., Monday through Friday, except
                                                    Federal Highway Administration
                                                                                                             27, 2017, from 8:30 a.m.–4:30 p.m., and               federal holidays. An electronic version
                                                    [Docket No. FHWA–2016–0015]                              Thursday, September 28, 2017, from                    of this document and all documents
                                                                                                             8:30 a.m.–12:30 p.m.                                  entered into this docket is available at
                                                    Emergency Route Working Group—                              All sessions of these pending
                                                    Amended Notice of Public Meetings                                                                              http://www.regulations.gov.
                                                                                                             meetings will be held at the U.S.
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                    AGENCY: Federal Highway                                  Department of Transportation
                                                                                                             Headquarters.                                         Bianca Carr, U.S. Department of
                                                    Administration (FHWA); DOT.                                                                                    Transportation, Maritime
                                                                                                                Minutes and Public Participation: All
                                                    ACTION: Notice of public meetings.                                                                             Administration, 1200 New Jersey
                                                                                                             ERWG meetings are open to the public.
                                                                                                             Procedure for public comment is                       Avenue SE., Room W23–453,
                                                    SUMMARY:    This notice amends the time                                                                        Washington, DC 20590. Telephone 202–
                                                    and date of two pending meetings of the                  available in the original meeting notice
                                                                                                             at 82 FR 27544. An electronic copy of                 366–9309, Email Bianca.carr@dot.gov.
                                                    Emergency Route Working Group
                                                    (ERWG).                                                  the minutes from all ERWG meetings                    SUPPLEMENTARY INFORMATION: As
                                                                                                             will be available for download within                 described by the applicant the intended
                                                    DATES: The pending public meetings                                                                             service of the vessel INSPIRATION 2 is:
                                                                                                             60 days of each meeting at: http://
                                                    will now be held on:                                     ops.fhwa.dot.gov/fastact/erwg/                        —Intended Commercial Use of Vessel:
                                                       • Tuesday, August 8, 2017, from 8:30
                                                                                                             index.htm.                                               ‘‘6 pack charters in San Diego Bay. We
                                                    a.m.–4:30 p.m., and Wednesday, August
                                                                                                               Authority: Section 5502 of Pub. L. 114–                are estimating one–two charters per
                                                    9, 2017, from 8:30 a.m.–12:30 p.m.
                                                                                                                                                                      month.’’
                                                       • Wednesday, September 27, 2017,                      94; 5 U.S.C. Appendix 2; 41 CFR 102–3.65;
                                                                                                                                                                   —Geographic Region: ‘‘California’’
                                                                                                             49 CFR 1.85.
                                                    from 8:30 a.m.–4:30 p.m., and Thursday,
                                                    September 28, 2017, from 8:30 a.m.–                        Issued on: July 10, 2017.                              The complete application is given in
                                                                                                                                                                   DOT docket MARAD–2017–0123 at
                                                    12:30 p.m.                                               Walter C. Waidelich, Jr.,
                                                                                                                                                                   http://www.regulations.gov. Interested
                                                    ADDRESSES: All sessions of these public                  Acting Deputy Administrator, Federal
                                                                                                             Highway Administration.
                                                                                                                                                                   parties may comment on the effect this
                                                    meetings will be held at U.S.                                                                                  action may have on U.S. vessel builders
                                                    Department of Transportation, 1200                       [FR Doc. 2017–14925 Filed 7–14–17; 8:45 am]
                                                                                                                                                                   or businesses in the U.S. that use U.S.-
                                                    New Jersey Ave., Conference Center,                      BILLING CODE 4910–22–P
                                                                                                                                                                   flag vessels. If MARAD determines, in
                                                    Washington, DC 20590.                                                                                          accordance with 46 U.S.C. 12121 and
                                                    FOR FURTHER INFORMATION CONTACT:                                                                               MARAD’s regulations at 46 CFR part
                                                    Crystal Jones, FHWA Office of Freight                    DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                   388, that the issuance of the waiver will
                                                    Management and Operations, (202) 366–                                                                          have an unduly adverse effect on a U.S.-
                                                                                                             Maritime Administration
                                                    2976, or via email at Crystal.Jones@                                                                           vessel builder or a business that uses
                                                    dot.gov or erwg@dot.gov. For legal                       [Docket No. MARAD–2017–0123]                          U.S.-flag vessels in that business, a
                                                    questions, contact Seetha Srinivasan,                                                                          waiver will not be granted. Comments
                                                    FHWA Office of the Chief Counsel,                        Requested Administrative Waiver of
                                                                                                                                                                   should refer to the docket number of
                                                    (202) 366–4099 or via email at                           the Coastwise Trade Laws: Vessel
                                                                                                                                                                   this notice and the vessel name in order
                                                    Seetha.Srinivasan@dot.gov. Office hours                  INSPIRATION 2; Invitation for Public
                                                                                                                                                                   for MARAD to properly consider the
                                                                                                             Comments
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                                                    for FHWA are from 8:00 a.m. to 4:30                                                                            comments. Comments should also state
                                                    p.m., e.t., Monday through Friday,                       AGENCY:   Maritime Administration.                    the commenter’s interest in the waiver
                                                    except Federal holidays.                                 ACTION:   Notice.                                     application, and address the waiver
                                                    SUPPLEMENTARY INFORMATION:                                                                                     criteria given in § 388.4 of MARAD’s
                                                                                                             SUMMARY:  The Secretary of                            regulations at 46 CFR part 388.
                                                    Electronic Access                                        Transportation, as represented by the
                                                      An electronic copy of this notice may                  Maritime Administration (MARAD), is                   Privacy Act
                                                    be downloaded from the Federal                           authorized to grant waivers of the U.S.-                In accordance with 5 U.S.C. 553(c),
                                                    Register’s home page at: http://                         build requirement of the coastwise laws               DOT/MARAD solicits comments from


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Document Created: 2017-07-15 03:45:56
Document Modified: 2017-07-15 03:45:56
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 of Limitation on Claims for Judicial Review of Actions by the FHWA, California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327, and the US Fish and Wildlife Service, and National Marine Fisheries Service.
DatesBy this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before December 14, 2017. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.
ContactDave Tedrick, Senior Environmental Specialist, FHWA, 650 Capitol Mall, Suite 4-100, Sacramento, CA 95814, (916) 498-5025, [email protected] Rosalind Litzky, Senior Environmental Planner, Caltrans, 1656 Union Street, Eureka, CA 95501, (707) 445-5222, [email protected] Jeffery Jahn, N.O.A.A. National Marine Fisheries Service, 1655 Heindon Road, Arcata, California 95521, (707) 825-5173, [email protected] Greg Schmidt, U.S. Fish and Wildlife Service, 1655 Heindon Road, Arcata, California 95521, (707) 822-7201, [email protected]
FR Citation82 FR 32751 

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