83_FR_26852 83 FR 26741 - Notice of Final Federal Agency Actions on Sterling Highway Milepost 45 to 60 Project in Alaska

83 FR 26741 - Notice of Final Federal Agency Actions on Sterling Highway Milepost 45 to 60 Project in Alaska

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range26741-26742
FR Document2018-12342

This notice announces actions taken by FWHA that are final. The actions relate to the proposed Sterling Highway Milepost 45-60 Project in the Kenai Peninsula Borough in the State of Alaska. Those actions grant approvals for the project.

Federal Register, Volume 83 Issue 111 (Friday, June 8, 2018)
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26741-26742]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12342]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Sterling Highway 
Milepost 45 to 60 Project in Alaska

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation of claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by FWHA that are final. 
The actions relate to the proposed Sterling Highway Milepost 45-60 
Project in the Kenai Peninsula Borough in the State of Alaska. Those 
actions grant approvals for the project.

DATES: By this notice, FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l). A claim seeking judicial review of 
FHWA actions on the highway project will be barred unless the claim is 
filed on or before November 5, 2018. 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 applies.

FOR FURTHER INFORMATION CONTACT: John Lohrey, Planner, Federal Highway 
Administration, Alaska Division, 709 West 9th Street, Room 851, Juneau, 
AK 99802, telephone (907) 586-7418; email: [email protected]. The 
FHWA Alaska Division Office's normal business hours are 8:00 a.m. to 
5:00 p.m. (Alaska Time), Monday through Friday, except Federal 
holidays. You may also contact Kelly Summers, P.E., Project Manager, 
Alaska Department of Transportation and Public Facilities, Central 
Region, P.O. Box 196900, Anchorage, AK 99519-6900, telephone (907) 465-
0542; email: [email protected]. The DOT&PF Central Region's 
normal business hours are 8:00 a.m. to 4:30 p.m. (Alaska Time), Monday 
through Friday, except State and Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action subject to 23 U.S.C. 139(l) by issuing approvals 
for the Sterling Highway Milepost 45 to 60 Project in the State of 
Alaska, project number F-021-2(15)/53014. The selected route is the 
Juneau Creek Alternative. The route passes north of the community of 
Cooper Landing and remains north of the Kenai River throughout. From 
Quartz Creek Road near MP 45, the alternative will result in 
reconstruction of the existing Sterling Highway for approximately two 
miles, will diverge and will result in a newly constructed highway for 
approximately 10 miles (with a new bridge over Juneau Creek Canyon), 
and will join and reconstruct the existing alignment again for 
approximately 2.5 miles to an intersection with Skilak Loop Rd. near MP 
58.
    The actions by the Federal agencies, and the law under which such 
actions were taken, are described in the Final Environmental Impact 
Statement and Final Section 4(f) Evaluation (Final EIS) for the 
project, approved March 7, 2018, and in the FHWA Record of Decision 
(ROD) issued on May 31, 2018. The Final EIS and ROD approved by FHWA 
are available on the project website: http://sterlinghighway.net and 
may be viewed at the FHWA and DOT&PF addresses provided above.
    This Notice applies to all Federal Agency decisions as of the 
issuance date of this notice and to all laws under which such actions 
were taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4335]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]; 
Alaska National Interest Lands Conservation Act of 1980 (ANILCA) [16 
U.S.C. 3164].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966, as amended [49 U.S.C. 303]; ANILCA Title XI (Conservation System 
Units) [16 U.S.C. Ch. 58, Subchapter IV, Section 3161 et seq]; National 
Wildlife Refuge System Administration Act [16 U.S.C. 668dd].

[[Page 26742]]

    4. Fish and Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; 
Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory 
Bird Treaty Act [16 U.S.C. 703-712]; Bald and Golden Eagle Protection 
Act [16 U.S.C. 668-668d]; Magnuson-Steven Fishery Conservation and 
Management Act/Sustainable Fisheries Act [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Graves Protection and Repatriation 
Act (NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; ANILCA Title VIII, Section 810 (Subsistence) [16 U.S.C. 3120; 
Uniform Relocation and Real Property Acquisition Act [42 U.S.C 4601 et 
seq].
    7. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 
300(f)-300(j)(6)]; Emergency Wetlands Resources Act, [16 U.S.C. 3921, 
3931]; Flood Disaster Protection Act [42 U.S.C. 4001-4128].
    8. 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; E.O. 13168 Responsibilities of 
Federal Agencies to Protect Migratory Birds.

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

    Issued on: June 1, 2018.
Sandra A. Garcia-Aline,
Federal Highway Administration, Alaska Division Administrator, Juneau.
[FR Doc. 2018-12342 Filed 6-7-18; 8:45 am]
 BILLING CODE 4910-RY-P



                                                                                         Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices                                                             26741

                                              mistakenly compared pre-tax and after-                                 Board’s annual RSAM calculation. Id. at                             calculate and submit to the Board the
                                              tax revenues. In that decision, the Board                              5–6.                                                                weighted average state tax rate for each
                                              stated that it would institute a separate                                In Annual Submission of Tax                                       Class I railroad. See 49 CFR 1135.2(a).
                                              proceeding in which Class I railroads                                  Information for Use in the Revenue                                  On May 29, 2018, AAR filed its
                                              would be required to submit the annual                                 Shortfall Allocation Method, EP 682                                 calculation of the weighted average state
                                              tax information necessary for the                                      (STB served Feb. 26, 2010), the Board                               tax rates for 2017, listed below for each
                                                                                                                     adopted rules to require AAR—a                                      Class I railroad:
                                                                                                                     national trade association—to annually
                                                                                                                     WEIGHTED AVERAGE STATE TAX RATES
                                                                                                                                               [In percent]

                                                                                                                                                                                          2017            2016
                                                                                                           Railroad                                                                                                   % Change
                                                                                                                                                                                           (%)             (%)

                                              BNSF Railway Company .............................................................................................................              5.289           5.288         0.001
                                              CSX Transportation, Inc ..............................................................................................................          5.628           5.160         0.468
                                              Grand Trunk Corporation .............................................................................................................           7.961           7.761         0.200
                                              The Kansas City Southern Railway .............................................................................................                  5.409           5.447        ¥0.038
                                              Norfolk Southern Combined ........................................................................................................              6.194           5.410         0.784
                                              Soo Line Corporation ...................................................................................................................        8.134           8.071         0.063
                                              Union Pacific Railroad Company .................................................................................................                5.666           5.636         0.030



                                                 Any party wishing to comment on          Alaska. Those actions grant approvals                                                          Quartz Creek Road near MP 45, the
                                              AAR’s calculation of the 2017 weighted      for the project.                                                                               alternative will result in reconstruction
                                              average state tax rates should file a       DATES: By this notice, FHWA is advising                                                        of the existing Sterling Highway for
                                              comment by July 9, 2018. See 49 CFR         the public of final agency actions                                                             approximately two miles, will diverge
                                              1135.2(c). If any comments opposing         subject to 23 U.S.C. 139(l). A claim                                                           and will result in a newly constructed
                                              AAR’s calculations are filed, AAR’s         seeking judicial review of FHWA                                                                highway for approximately 10 miles
                                              reply will be due by July 30, 2018. Id.     actions on the highway project will be                                                         (with a new bridge over Juneau Creek
                                              If any comments are filed, the Board        barred unless the claim is filed on or                                                         Canyon), and will join and reconstruct
                                              will review AAR’s submission, together      before November 5, 2018. If the Federal                                                        the existing alignment again for
                                              with the comments, and serve a              law that authorizes judicial review of a                                                       approximately 2.5 miles to an
                                              decision within 60 days of the close of     claim provides a time period of less                                                           intersection with Skilak Loop Rd. near
                                              the record that either accepts, rejects, or than 150 days for filing such claim, then                                                      MP 58.
                                              modifies AAR’s railroad-specific tax        that shorter time period applies.                                                                 The actions by the Federal agencies,
                                              information. Id. If no comments are filed   FOR FURTHER INFORMATION CONTACT: John                                                          and the law under which such actions
                                              by July 9, 2018, AAR’s submitted            Lohrey, Planner, Federal Highway                                                               were taken, are described in the Final
                                              weighted average state tax rates will be    Administration, Alaska Division, 709                                                           Environmental Impact Statement and
                                              automatically adopted by the Board,         West 9th Street, Room 851, Juneau, AK                                                          Final Section 4(f) Evaluation (Final EIS)
                                              effective July 10, 2018. Id.                99802, telephone (907) 586–7418; email:                                                        for the project, approved March 7, 2018,
                                                 Decided: June 4, 2018.                   John.Lohrey@dot.gov. The FHWA                                                                  and in the FHWA Record of Decision
                                                                                                                                                                                         (ROD) issued on May 31, 2018. The
                                                 By the Board, Scott M. Zimmerman, Acting Alaska Division Office’s normal
                                              Director, Office of Proceedings.            business hours are 8:00 a.m. to 5:00 p.m.                                                      Final EIS and ROD approved by FHWA
                                              Brendetta Jones,                            (Alaska Time), Monday through Friday,                                                          are available on the project website:
                                                                                          except Federal holidays. You may also                                                          http://sterlinghighway.net and may be
                                              Clearance Clerk.
                                                                                          contact Kelly Summers, P.E., Project                                                           viewed at the FHWA and DOT&PF
                                              [FR Doc. 2018–12349 Filed 6–7–18; 8:45 am]
                                                                                          Manager, Alaska Department of                                                                  addresses provided above.
                                              BILLING CODE 4915–01–P                                                                                                                        This Notice applies to all Federal
                                                                                          Transportation and Public Facilities,
                                                                                                                                                                                         Agency decisions as of the issuance date
                                                                                          Central Region, P.O. Box 196900,
                                                                                                                                                                                         of this notice and to all laws under
                                              DEPARTMENT OF TRANSPORTATION Anchorage, AK 99519–6900, telephone                                                                           which such actions were taken,
                                                                                          (907) 465–0542; email: Kelly.Summers@
                                                                                                                                                                                         including but not limited to:
                                              Federal Highway Administration              alaska.gov. The DOT&PF Central                                                                    1. General: National Environmental
                                                                                          Region’s normal business hours are 8:00                                                        Policy Act (NEPA) [42 U.S.C. 4321–
                                              Notice of Final Federal Agency Actions a.m. to 4:30 p.m. (Alaska Time),                                                                    4335]; Federal-Aid Highway Act [23
                                              on Sterling Highway Milepost 45 to 60       Monday through Friday, except State                                                            U.S.C. 109 and 23 U.S.C. 128]; Alaska
                                              Project in Alaska                           and Federal holidays.                                                                          National Interest Lands Conservation
                                              AGENCY: Federal Highway                     SUPPLEMENTARY     INFORMATION: Notice is                                                       Act of 1980 (ANILCA) [16 U.S.C. 3164].
                                              Administration (FHWA), DOT.                 hereby  given  that FHWA has taken final                                                          2. Air: Clean Air Act [42 U.S.C. 7401–
                                              ACTION: Notice of limitation of claims for
                                                                                          agency action subject to 23 U.S.C. 139(l)                                                      7671(q)].
                                              judicial review of actions by FHWA and by issuing approvals for the Sterling                                                                  3. Land: Section 4(f) of the
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                                              other Federal agencies.                     Highway Milepost 45 to 60 Project in                                                           Department of Transportation Act of
                                                                                          the State of Alaska, project number F–                                                         1966, as amended [49 U.S.C. 303];
                                              SUMMARY: This notice announces actions 021–2(15)/53014. The selected route is                                                              ANILCA Title XI (Conservation System
                                              taken by FWHA that are final. The           the Juneau Creek Alternative. The route                                                        Units) [16 U.S.C. Ch. 58, Subchapter IV,
                                              actions relate to the proposed Sterling     passes north of the community of                                                               Section 3161 et seq]; National Wildlife
                                              Highway Milepost 45–60 Project in the       Cooper Landing and remains north of                                                            Refuge System Administration Act [16
                                              Kenai Peninsula Borough in the State of the Kenai River throughout. From                                                                   U.S.C. 668dd].


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                                              26742                            Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices

                                                4. Fish and Wildlife: Endangered                      SUMMARY:   FMCSA announces a meeting                   written comments on the topics to be
                                              Species Act [16 U.S.C. 1531–1544]; Fish                 of its Medical Review Board (MRB) on                   considered during the meeting by
                                              and Wildlife Coordination Act [16                       Monday and Tuesday, June 25–26, 2018.                  Wednesday, June 13, to Federal Docket
                                              U.S.C. 661–667(d)]; Migratory Bird                      DATES: The meeting will be held on                     Management System (FDMC) Docket
                                              Treaty Act [16 U.S.C. 703–712]; Bald                    Monday and Tuesday, June 25–26, 2018,                  Number FMCSA–2008–0362 for the
                                              and Golden Eagle Protection Act [16                     from 9:15 a.m. to 4:30 p.m., Eastern                   MRB using any of the following
                                              U.S.C. 668–668d]; Magnuson-Steven                       Daylight Time (EDT).                                   methods:
                                              Fishery Conservation and Management                                                                              • Federal eRulemaking Portal: Go to
                                                                                                      ADDRESSES: The meeting will be held at
                                              Act/Sustainable Fisheries Act [16 U.S.C.                                                                       http://www.regulations.gov. Follow the
                                                                                                      the FMCSA National Training Center,
                                              1801 et seq.].                                                                                                 online instructions for submitting
                                                                                                      1310 N Courthouse Road, Arlington,
                                                5. Historic and Cultural Resources:                                                                          comments.
                                                                                                      VA, 6th floor. Copies of the task                        • Fax: 202–493–2251.
                                              Section 106 of the National Historic                    statement and an agenda for the entire
                                              Preservation Act of 1966, as amended                                                                             • Mail: Docket Management Facility;
                                                                                                      meeting will be made available in                      U.S. Department of Transportation, 1200
                                              [16 U.S.C. 470(f) et seq.]; Archeological               advance of the meeting at
                                              Resources Protection Act of 1977 [16                                                                           New Jersey Avenue SE, West Building,
                                                                                                      www.fmcsa.dot.gov/mrb.                                 Room W12–140, Washington, DC 20590.
                                              U.S.C. 470(aa)–470(ll)]; Archeological
                                              and Historic Preservation Act [16 U.S.C.
                                                                                                      FOR FURTHER INFORMATION CONTACT: Ms.                     • Hand Delivery: U.S. Department of
                                                                                                      Shannon L. Watson, Senior Advisor to                   Transportation, 1200 New Jersey
                                              469–469(c)]; Native American Graves
                                                                                                      the Associate Administrator for Policy,                Avenue SE, Room W12–140,
                                              Protection and Repatriation Act
                                                                                                      Federal Motor Carrier Safety                           Washington, DC, between 9 a.m. and 5
                                              (NAGPRA) [25 U.S.C. 3001–3013].
                                                                                                      Administration, U.S. Department of                     p.m., ET. Monday through Friday,
                                                6. Social and Economic: Civil Rights
                                                                                                      Transportation, 1200 New Jersey                        except Federal holidays.
                                              Act of 1964 [42 U.S.C. 2000(d)–
                                                                                                      Avenue SE, Washington, DC 20590,                         Issued on: June 4, 2018.
                                              2000(d)(1)]; American Indian Religious
                                                                                                      (202) 366–5221, mrb@dot.gov.                           Larry W. Minor,
                                              Freedom Act [42 U.S.C. 1996]; ANILCA                      Services for Individuals with
                                              Title VIII, Section 810 (Subsistence) [16               Disabilities: For information on facilities
                                                                                                                                                             Associate Administrator for Policy.
                                              U.S.C. 3120; Uniform Relocation and                     or services for individuals with                       [FR Doc. 2018–12354 Filed 6–7–18; 8:45 am]
                                              Real Property Acquisition Act [42 U.S.C                 disabilities or to request special                     BILLING CODE 4910–EX–P
                                              4601 et seq].                                           assistance at the meeting, contact Ms.
                                                7. Wetlands and Water Resources:                      Watson at (202) 366–2551,
                                              Safe Drinking Water Act [42 U.S.C.                                                                             DEPARTMENT OF TRANSPORTATION
                                                                                                      shannon.watson@dot.gov, by
                                              300(f)–300(j)(6)]; Emergency Wetlands                   Wednesday, June 13.
                                              Resources Act, [16 U.S.C. 3921, 3931];                                                                         Federal Motor Carrier Safety
                                                                                                      SUPPLEMENTARY INFORMATION:                             Administration
                                              Flood Disaster Protection Act [42 U.S.C.
                                              4001–4128].                                             I. Background                                          [Docket No. FMCSA–2007–28043]
                                                8. Executive Orders: E.O. 11990
                                                                                                         The MRB is composed of five medical
                                              Protection of Wetlands; E.O. 11988                                                                             Hours of Service (HOS) of Drivers;
                                                                                                      experts who each serve 2-year terms.
                                              Floodplain Management; E.O. 12898,                                                                             American Pyrotechnics Assn. (APA);
                                                                                                      Section 4116 of SAFETEA–LU requires
                                              Federal Actions to Address                                                                                     Request To Add New Members to
                                                                                                      the Secretary of Transportation, with the              Current APA Exemption; Request for
                                              Environmental Justice in Minority
                                                                                                      advice of the MRB and the chief medical                Comments
                                              Populations and Low Income
                                                                                                      examiner, to establish, review, and
                                              Populations; E.O. 11593 Protection and                                                                         AGENCY: Federal Motor Carrier Safety
                                                                                                      revise ‘‘medical standards for operators
                                              Enhancement of Cultural Resources;                                                                             Administration (FMCSA), DOT.
                                                                                                      of commercial motor vehicles that will
                                              E.O. 13112 Invasive Species; E.O. 13168
                                                                                                      ensure that the physical condition of                  ACTION: Notice of application for
                                              Responsibilities of Federal Agencies to
                                                                                                      operators of commercial motor vehicles                 exemption; request for comments.
                                              Protect Migratory Birds.
                                                                                                      is adequate to enable them to operate
                                                 Authority: 23 U.S.C. 139(l)                          the vehicles safely.’’ The MRB operates                SUMMARY:    The American Pyrotechnics
                                                                                                      in accordance with FACA under the                      Association (APA) has requested an
                                                Issued on: June 1, 2018.
                                                                                                      terms of its charter, filed November 25,               exemption for three member
                                              Sandra A. Garcia-Aline,
                                                                                                      2017.                                                  companies—Artisan Pyrotechnics Inc.,
                                              Federal Highway Administration, Alaska                                                                         Montana Display Fireworks, Inc., and
                                              Division Administrator, Juneau.                         II. Agenda                                             ZY Pyrotechnics, LLC dba Skyshooter
                                              [FR Doc. 2018–12342 Filed 6–7–18; 8:45 am]                                                                     Displays, Inc.—from the prohibition on
                                                                                                        The MRB will finalize its Task 17–1
                                              BILLING CODE 4910–RY–P
                                                                                                      recommendations to the Agency that it                  driving commercial motor vehicles
                                                                                                      began at its July 2017 meeting on the                  (CMVs) after the 14th hour after the
                                                                                                      revision of the Agency’s handbook for                  driver comes on duty. Fifty APA
                                              DEPARTMENT OF TRANSPORTATION                                                                                   members currently hold such an
                                                                                                      medical examiners (ME) on the National
                                                                                                      Registry of Certified Medical Examiners                exemption during the Independence
                                              Federal Motor Carrier Safety
                                                                                                      (National Registry), for their use in                  Day period each year, terminating on
                                              Administration
                                                                                                      evaluating interstate commercial motor                 July 8, 2020. If granted, this exemption
                                              [Docket No. FMCSA–2006–26367]                           vehicle (CMV) drivers for a medical                    would terminate at the same time as the
                                                                                                      qualification determination.                           other 50 exempted carriers. The APA
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                                              Medical Review Board (MRB) Meeting:                                                                            maintains that the terms and conditions
                                              Public Meeting                                          III. Meeting Participation                             of the limited exemption would ensure
                                              AGENCY:  Federal Motor Carrier Safety                      The meeting is open to the public for               a level of safety equivalent to, or greater
                                              Administration (FMCSA), DOT.                            its entirety. Oral comments from the                   than, the level of safety achieved
                                                                                                      public will be heard during the meeting,               without the exemption.
                                              ACTION: Notice of advisory committee
                                                                                                      at the discretion of the MRB Chairman.                 DATES: Comments are due no later than
                                              meeting.
                                                                                                      Members of the public may submit                       July 9, 2018.


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Document Created: 2018-06-08 01:22:42
Document Modified: 2018-06-08 01:22:42
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 of claims for judicial review of actions by FHWA and other Federal agencies.
DatesBy this notice, FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l). A claim seeking judicial review of FHWA actions on the highway project will be barred unless the claim is filed on or before November 5, 2018. 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 applies.
ContactJohn Lohrey, Planner, Federal Highway Administration, Alaska Division, 709 West 9th Street, Room 851, Juneau, AK 99802, telephone (907) 586-7418; email: [email protected] The FHWA Alaska Division Office's normal business hours are 8:00 a.m. to 5:00 p.m. (Alaska Time), Monday through Friday, except Federal holidays. You may also contact Kelly Summers, P.E., Project Manager, Alaska Department of Transportation and Public Facilities, Central Region, P.O. Box 196900, Anchorage, AK 99519-6900, telephone (907) 465- 0542; email: [email protected] The DOT&PF Central Region's normal business hours are 8:00 a.m. to 4:30 p.m. (Alaska Time), Monday through Friday, except State and Federal holidays.
FR Citation83 FR 26741 

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