[Federal Register Volume 68, Number 144 (Monday, July 28, 2003)]
[Proposed Rules]
[Pages 44259-44264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18741]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7534-6]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the Rocky Mountain 
Arsenal National Priorities List Site from the National Priorities 
List; request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces 
its intent to delete the Selected Perimeter Area (SPA), encompassing 
4,930 acres, of the Rocky Mountain Arsenal National Priorities List 
Site (RMA/NPL Site) On-Post Operable Unit (OU) from the National 
Priorities List (NPL) and requests public comment on this proposed 
action. The NPL constitutes

[[Page 44260]]

Appendix B of 40 CFR part 300, which is the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), which EPA promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA).
    EPA bases its proposal to delete the SPA of the RMA/NPL Site on the 
determination by EPA and the State of Colorado, through the Colorado 
Department of Public Health and Environment (CDPHE), that all 
appropriate actions under CERCLA have been implemented to protect human 
health, welfare and the environment and that no further response action 
by responsible parties is appropriate.
    This partial deletion pertains to the surface (soil, surface water, 
sediment), structures, and groundwater media of the Selected Perimeter 
Area of the On-Post OU of the RMA/NPL Site. The Surface Deletion Area 
of the On-Post OU RMA/NPL Site, composed of the surface and structures 
media only within an additional 123 acres, also is being proposed as a 
separate partial deletion during the same public comment period. The 
rest of the On-Post OU and the Off-Post OU will remain on the NPL and 
response activities will continue at those OUs.

DATES: Comments concerning this proposed partial deletion may be 
submitted on or before August 26, 2003.

ADDRESSES: Comments may be mailed to: Catherine Roberts, Community 
Involvement Coordinator (8OC), U.S. EPA, Region 8, 999 18th Street, 
Suite 300, Denver, Colorado, 80202-2466, 1-800-227-8917 or (303) 312-
6025.
    Comprehensive information on the RMA/NPL Site, as well as 
information specific to this proposed partial deletion, is available 
through EPA's Region 8 Superfund Records Center in Denver, Colorado. 
Documents are available for viewing by appointment from 8 a.m. to 4 
p.m., Monday through Friday excluding holidays, by calling (303) 312-
6473. The Administrative Record for the RMA/NPL Site and the Deletion 
Docket for this partial deletion are maintained at the Joint 
Administrative Records Document Facility, Rocky Mountain Arsenal, 
Building 129, Room 2024, Commerce City, Colorado 80022-1748, (303) 289-
0362. Documents are available for viewing from 12 p.m. to 4 p.m., 
Monday through Friday, or by appointment.

FOR FURTHER INFORMATION CONTACT: Ms. Laura Williams, Remedial Project 
Manager (8EPR-F), U.S. EPA, Region 8, 999 18th Street, Suite 300, 
Denver Colorado, 80202-2466, (303) 312-6660.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    The Environmental Protection Agency (EPA) Region 8 announces its 
intent to delete the Selected Perimeter Area (SPA) of the Rocky 
Mountain Arsenal/National Priorities List (RMA/NPL) Site, Commerce 
City, Colorado, from the National Priorities List (NPL) and requests 
comment on this proposed action. The NPL constitutes Appendix B of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
40 CFR part 300, which EPA promulgated pursuant to Section 105 of 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA), 42 U.S.C. 9605. EPA identifies sites that appear to present a 
significant risk to public health or the environment and maintains the 
NPL as the list of those sites. Sites on the NPL may be the subject of 
remedial actions financed by the Hazardous Substance Superfund (Fund). 
This partial deletion of the Site is proposed in accordance with 40 CFR 
300.425(e) and Notice of Policy Change: Partial Deletion of Sites 
Listed on the National Priorities List (60 FR 55466 (Nov. 1, 1995)). As 
described in 40 CFR 300.425(e)(3), portions of a site deleted from the 
NPL remain eligible for further remedial actions if warranted by future 
conditions.
    EPA will accept comments concerning its intent for partial deletion 
of the RMA/NPL Site for thirty days after publication of this notice in 
the Federal Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures that EPA is 
using for this proposed partial deletion. Section IV discusses the 
Selected Perimeter Area of the RMA/NPL Site and explains how it meets 
the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate to protect public 
health or the environment. In making such a determination pursuant to 
section 300.425(e), EPA will consider, in consultation with the State, 
whether any of the following criteria have been met:
    Section 300.425(e)(1)(i). Responsible parties or other persons have 
implemented all appropriate response actions required; or
    Section 300.425(e)(1)(ii). All appropriate Fund-financed response 
under CERCLA has been implemented, and no further response action by 
responsible parties is appropriate; or
    Section 300.425(e)(1)(iii). The remedial investigation has shown 
that the release poses no significant threat to public health or the 
environment and, therefore, taking remedial measures is not 
appropriate.
    A partial deletion of a site from the NPL does not affect or impede 
EPA's ability to conduct CERCLA response activities for portions not 
deleted from the NPL. In addition, deletion of a portion of a site from 
the NPL does not affect the liability of responsible parties or impede 
agency efforts to recover costs associated with response efforts. The 
U.S. Army and Shell Oil Company will be responsible for all future 
remedial actions required at the area deleted if future site conditions 
warrant such actions.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
Section 300.425(e) of the NCP has been met, EPA may formally begin 
deletion procedures. The following procedures were used for this 
proposed deletion of the SPA of the RMA/NPL Site:
    (1) EPA has recommended the partial deletion and has prepared the 
relevant documents.
    (2) The State of Colorado, through the CDPHE, has concurred with 
publication of this notice of intent for partial deletion.
    (3) Concurrent with this national Notice of Intent for Partial 
Deletion, a local notice has been published in a newspaper of record 
and has been distributed to appropriate federal, State, and local 
officials, and other interested parties. These notices announce a 
thirty (30) day public comment period on the deletion package, which 
ends on August 26, 2003, based upon publication of this notice in the 
Federal Register and a local newspaper of record.
    (4) EPA has made all relevant documents available at the 
information repositories listed previously for public inspection and 
copying.
    Upon completion of the thirty calendar day public comment period, 
EPA Region 8 will evaluate each significant comment and any significant 
new data received before issuing a final decision concerning the 
proposed partial deletion. EPA will prepare a responsiveness summary 
for each significant comment and any significant new data received 
during the public

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comment period and will address concerns presented in such comments and 
data. The responsiveness summary will be made available to the public 
at the EPA Region 8 office and the information repository listed above 
and will be included in the final deletion package. Members of the 
public are encouraged to contact EPA Region 8 to obtain a copy of the 
responsiveness summary. If, after review of all such comments and data, 
EPA determines that the partial deletion from the NPL is appropriate, 
EPA will publish a final notice of partial deletion in the Federal 
Register. Deletion of the Selected Perimeter Area of the RMA/NPL Site 
does not actually occur until a final notice of partial deletion is 
published in the Federal Register. A copy of the final partial deletion 
package will be placed at the EPA Region 8 office and the information 
repository listed above after a final document has been published in 
the Federal Register.

IV. Basis for Intended Partial Deletion

    The following information provides EPA's rationale for deletion of 
the SPA of the RMA/NPL Site from the NPL and EPA's finding that the 
proposed final deletion satisfies 40 CFR 300.425(e) requirements:

RMA/NPL Site Background

    The Rocky Mountain Arsenal was established in 1942 by the U.S. 
Army, and was used to manufacture chemical warfare agents and 
incendiary munitions for use in World War II. Prior to this, the area 
was largely undeveloped ranch and farmland. Following the war and 
through the early 1980s, the facilities continued to be used by the 
Army. Beginning in 1946, some facilities were leased to private 
companies to manufacture industrial and agricultural chemicals. Shell 
Oil Company, the principal lessee, primarily manufactured pesticides 
from 1952 to 1982. After 1982, the only activities at the Arsenal 
involved remediation.
    Complaints of groundwater pollution north of the RMA/NPL Site began 
to surface in 1954. Common industrial and waste disposal practices used 
during these years resulted in contamination of structures, soil, 
surface water, and groundwater. As a result of this contamination, the 
RMA was proposed for inclusion on the NPL on October 15, 1984. The 
listing of RMA on the NPL, excluding Basin F, was finalized on July 22, 
1987. Basin F was added to the RMA/NPL Site listing on March 13, 1989. 
On February 17, 1989, an interagency agreement--referred to as a 
Federal Facility Agreement (FFA)--formalizing the process framework for 
selection and implementation of cleanup remedies at the RMA/NPL Site, 
became effective. The FFA was signed by the Army, Shell Oil Company, 
EPA, U.S. Department of the Interior, U.S. Department of Justice, and 
the Agency for Toxic Substances and Disease Registry.
    Prior to the selection of remedial alternatives, a remedial 
investigation/endangerment assessment/feasibility study (RI/EA/FS) was 
conducted for the On-Post OU to provide information on the type and 
extent of contamination, human and ecological risks, and feasibility of 
remedial actions suitable for application at RMA. The remedial 
investigation (RI) completed in January 1992 studied each of the five 
environmental media at the RMA/NPL Site, including soils, water, 
structures, air, and biota. The feasibility study (FS) was finalized in 
October 1995, and a proposed remedial action plan was prepared and 
presented to the public in October 1995.
    On June 11, 1996, the Army, EPA, and the State of Colorado signed 
the Record of Decision (ROD) for the On-Post Operable Unit. The ROD, 
which formally establishes the cleanup approach to be taken for the On-
Post OU, specified the remedial actions to be implemented for soil, 
structures, and groundwater for the On-Post OU of RMA.
    The On-Post OU of the RMA/NPL Site (see map, RMA Selected Perimeter 
Area) encompasses 25.5 square miles in southern Adams County, Colorado, 
approximately 8 miles northeast of downtown Denver.

Selected Perimeter Area of the On-Post OU

    The SPA is an area of approximately 4,930 acres (7.7 square miles) 
on the perimeter of RMA. The proposed deletion of the SPA includes the 
surface, structures, and groundwater media of portions of Sections 1, 
2, 3, 4, 10, 19, 20, 22, 27, 28, 29, 32, and 33; and all of Sections 5, 
7, 8, 11, and 12 (see map).
    A remedial investigation (RI) for the On-Post OU completed in 
January 1992 studied each of the environmental media at the RMA/NPL 
Site including soil, sediment, structures, water, air, and biota. Based 
upon evidence gathered during the RI, areas with similar soil 
contamination were combined into individual projects. This resulted in 
four separate soil cleanup projects within the SPA. These include the 
Toxic Storage Yards project located in the southeastern area of the 
SPA; the Miscellaneous Southern Tier Soil project located in the south-
central portion of the SPA near the south lakes; the Existing 
(Sanitary) Landfill--Section 4 project located in the southwestern 
portion of the SPA; and the Burial Trenches--Part I project located in 
the southwestern portion of the SPA and east of the Sanitary Landfill 
project.
    The Toxic Storage Yards project incorporated three contamination 
areas, one located within the SPA, considered to potentially contain 
chemical warfare agent based on use histories and detections of agent 
breakdown products. The Miscellaneous Southern Tier Soil project 
included eight contamination areas, four located within the SPA, 
contaminated with pesticides (aldrin and dieldrin), and heavy metals. 
The Existing (Sanitary) Landfill project incorporated five 
contamination areas, all within the SPA, which contained trash and 
debris, asbestos-containing material, and drums with high 
concentrations of styrene. The Burial Trenches--Part I project included 
35 contamination areas, five within the SPA, considered to potentially 
contain ordnance or explosives, unexploded ordnance, and munition 
debris as well as general construction-related debris and trash.
    A structures survey identified seventeen structures within the SPA. 
Four of these structures have no history of contamination and were 
designated to be retained for future use. The contaminants identified 
within the other thirteen structures include asbestos, polychlorinated 
biphenyls (PCBs), pesticides, herbicides and heavy metals.
    Two groundwater plumes below the western portion of the SPA contain 
1,1-dichloroethylene, 1,1,1-trichloroethane, and TCE but are not 
attributable to the RMA/NPL Site. Because the groundwater does not meet 
drinking water standards, the Klein Water Treatment Facility--built in 
1989, prior to completion of the RI--treats the groundwater 
contamination that is now known to originate from non-RMA/NPL sources.
    The Irondale Containment System (ICS) was constructed during 
development of the RI/FS as an interim response action (IRA). The ICS 
was mostly located on the SPA and installed to extract and treat 
groundwater emanating from the Rail Yard--which is primarily 
contaminated with dibromochloropropane, and the Motor Pool--which is 
primarily contaminated with trichloroethylene. Both of these areas in 
the RMA/NPL Site are in close proximity to the SPA. Two additional 
groundwater plumes were identified beneath the northwest portion of the

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SPA along the Colorado Highway 2 border. These plumes originate in the 
South Plants manufacturing area--which is primarily contaminated with 
benzene, chloroform, carbon tetrachloride, and trichloroethylene; and 
the historic basins located in the northwest area of the RMA/NPL Site--
which is primarily contaminated with dieldrin, chloroform, and DIMP (a 
byproduct of nerve agent production).
    A feasibility study (FS) was finalized in October 1995, and a 
proposed plan prepared and presented to the public in October 1995. On 
June 11, 1996, the On-Post Record of Decision (ROD) was signed by the 
Army, EPA, and the State of Colorado. The ROD required the excavation 
and consolidation of soil presenting a risk to human health, as well as 
munition debris, in a state-of-the-art hazardous waste landfill to be 
built within the On-Post OU; and excavation of debris and soil 
presenting a risk to biota and placement of those soils in the Basin A 
consolidation area which is located in the central portion of the RMA/
NPL Site. The excavated human health exceedence areas were backfilled 
with on-post borrow material and revegetated. Unexploded ordnance was 
to be transported off-site for detonation or other demilitarization 
process, unless the unexploded ordnance was unstable and must be 
detonated on-site.
    The remedy for structures included the demolition of thirteen of 
the seventeen structures identified in the SPA. Four of the seventeen 
structures had no contamination history and were not identified for 
demolition by the ROD.
    The selected groundwater remedy consisted of continued operation of 
the groundwater treatment systems, including the ICS to treat the Motor 
Pool and Rail Yard plumes and the Northwest Boundary Containment System 
to treat the South Plants plumes. Additionally, wells which had the 
potential to provide a cross-contamination pathway from the 
contaminated, upper groundwater aquifer to the deeper, confined aquifer 
were to be closed. The ROD also required continued use restrictions for 
the property.

Community Involvement

    Since 1988, each of the parties involved with the Arsenal cleanup 
has made extensive efforts to ensure that the public is kept informed 
on all aspects of the cleanup program. More than 100 fact sheets about 
topics ranging from historical information to site remediation have 
been developed and made available to the public. Following the release 
and distribution of the draft Detailed Analysis of Alternatives report 
(a second phase of the FS), the Army held an open house for about 1,000 
community members. The open house provided opportunity for individual 
discussion and understanding of the various technologies being 
evaluated for cleanup of the RMA/NPL Site.
    The Proposed Plan for the On-Post OU was released for public review 
on October 16, 1995. On November 18, 1995, a public meeting was held, 
attended by approximately 50 members of the public, to obtain public 
comment of the Proposed Plan. As a result of requests at this meeting, 
the period for submitting written comments on the plan was extended one 
month, concluding on January 19, 1996. Minimal comments were received 
on the alternatives presented for the projects in the SPA of the On-
Post OU. Specifically, the comments requested that excavation of the 
western tier landfills be ``complete,'' that the health and safety of 
nearby communities be protected from air emissions during excavation 
and demolition activities, that additional treatment capabilities or 
modification of the existing water treatment systems be considered, and 
that potential dioxin contamination of the entire RMA/NPL Site be 
evaluated.
    The designs for the Miscellaneous Structures, Confined Flow System 
Well Closure, and each of the soil projects were provided to the public 
for a thirty calendar day review and comment period at both the 30 
percent and 95 percent design completion stages (twelve separate public 
comment periods). Each design was also presented at the monthly meeting 
of the RMA Restoration Advisory Board, composed of community 
stakeholders, regulatory agencies, the Army, Shell Oil Company, and the 
USFWS. No comments regarding the excavation/demolition approach or the 
proposed health and safety controls for each project were received.
    Upon completion of the thirty calendar day public comment period 
for this NOIDp, EPA Region 8 in consultation with the State and the 
Army, will evaluate each comment and any significant new data received 
before issuing a final decision concerning the proposed partial 
deletion.

Current Status

    The Toxic Storage Yards Soil project, completed in 2000, consisted 
of three separate cleanup areas including one in the SPA. A total of 
4,400 bank cubic yards (bcy) of soils presenting a risk to human health 
was removed from this SPA area and disposed in the on-site hazardous 
waste landfill. Chemical agent screening was conducted during the soil 
excavation and soil ripping activities and three groundwater monitoring 
wells were closed. The Miscellaneous Southern Tier Soil project, 
completed in 2000, remediated eight areas including three in the SPA. A 
total of 12,649 bcy of soil presenting a risk to human health and 8 bcy 
of debris were excavated from the three areas within the SPA and 
disposed in the hazardous waste landfill. Another 3,325 bcy of soil 
presenting a risk to biota was disposed in Basin A. This project also 
included the demolition of one structure, Building 863, which was also 
disposed in Basin A.
    The Existing (Sanitary) Landfill--Section 4 project, completed in 
2000, consisted of five separate areas which are all in the SPA. A 
small amount of asbestos containing material and 11,975 bcy of soil 
presenting a human health risk was disposed in the hazardous waste 
landfill. A total of 40,260 bcy of trash and debris was disposed in 
Basin A. Ten intact drums containing high concentrations of styrene 
were sent to an offsite facility for disposal in accordance with 
hazardous waste regulatory requirements. The Burial Trenches Soil 
Remediation project, completed in 2002, remediated thirty-five areas 
including five in Section 4 of the SPA. All soil presenting a risk to 
human health, munition debris and related soil, and asbestos containing 
material was disposed in the on-site hazardous waste landfill. All 
other material with lesser degrees of contamination, e.g., asphalt 
pavement, general construction debris and trash, was disposed in the 
Basin A consolidation area.
    Demolition and removal of nine of the thirteen structures slated 
for removal was completed as part of the Miscellaneous RMA Structure 
Demolition and Removal--Phase I project completed in 2002. This project 
consisted of the demolition of the structures and foundations; removal 
and disposal of structures and foundations, substations, debris piles, 
roads and parking areas; removal and disposal or recycling of 
underground storage tanks, structural steel and other metal components; 
backfilling and grading; and revegetation of the excavated areas. Of 
the four remaining structures, one was demolished as part of the 
Miscellaneous Southern Tier Soil project, two had been demolished prior 
to remedial action, and one structure has been retained for continued 
operations of the RMA/NPL Site.
    The Northwest Boundary Containment System will continue to

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operate long-term to prevent migration of groundwater plumes offsite. 
However, monitoring of the groundwater below the SPA indicates that 
contamination in the groundwater has been below all regulatory 
standards since 1993. The ICS extraction wells have met the ROD shut-
off criteria and were shut down on October 1, 1997. Extraction wells 
for the Motor Pool IRA also met shut-off criteria in March 1998; 
therefore, the ICS facility was demolished and removed as part of the 
Miscellaneous Structures project on May 7, 2002. A treatment system was 
constructed at the Rail Yard to more directly treat the contaminated 
groundwater associated with the Rail Yard. The Rail Yard IRA and 
Treatment System, and Motor Pool IRA are not associated with the SPA. 
Monitoring of the groundwater aquifer for the Northwest Boundary 
Containment System and that previously treated through the ICS 
extraction wells has been incorporated into the sitewide monitoring 
program, as required by the ROD.
    The Confined Flow System Well Closure project was completed in 
2000. A total of 51 wells, six in the SPA, which extended into the 
deeper, confined flow aquifer were closed. Closure was accomplished by 
overdrilling the well casing and installing a grout plug. An additional 
134 monitoring wells within the SPA are part of the long-term, site-
wide monitoring plan.
    Use of the groundwater below the SPA and surface water for potable 
drinking purposes is prohibited by the FFA, Public Law 102-402, and the 
ROD; and will continue to be prohibited even after the SPA is 
transferred to the U.S. Department of Interior or units of local 
government. Additional prohibitions imposed by the FFA, Public Law 102-
402, and the ROD include the use of the SPA for residential, 
industrial, and agricultural purposes, and for hunting or fishing for 
consumptive purposes.
    The Army is responsible for ongoing monitoring and maintenance 
associated with groundwater wells located on land to be transferred to 
the Department of Interior within the SPA. The conduct of long-term 
groundwater monitoring required by the ROD is delineated in the Final 
Interim Rocky Mountain Arsenal Institutional Control Plan.

Post-ROD Investigations

    Since the signing of the ROD on June 11, 1996, three studies have 
been conducted that are relevant to the deletion of the SPA. The 
Summary and Evaluation of Potential Ordnance/Explosives and Recovered 
Chemical Warfare Materiel Hazards at the Rocky Mountain Arsenal (2002) 
was conducted in response to the unexpected discovery of six M139 
bomblets as part of the Miscellaneous Structures--Phase I project in 
the Section 36 Boneyard (central portion of the RMA/NPL Site). Using 
state-of-the-art computer imaging, mapping technology, and software 
capability which had not existed previously, a comprehensive RMA-wide 
evaluation for the potential presence of ordnance and explosives as 
well as recovered chemical warfare materiel hazards was completed. The 
evaluation identified six additional areas for remedial action (none in 
the SPA) and concluded that the future discovery of additional sites 
with ordnance/explosives or recovered chemical warfare materiel hazards 
is highly unlikely.
    In 2001, EPA conducted a four-part Denver Front Range Dioxin Study 
which determined that the concentration of dioxins at most of the RMA/
NPL Site, including the SPA, is not statistically different from values 
observed in open space and agricultural areas within the Denver Front 
Range area. Therefore there is no significant health risk from dioxin 
in soils to future Refuge workers, volunteers, or visitors.
    As required by the ROD, a Terrestrial Residual Ecological Risk 
Assessment was completed in 2002. This report concluded that no 
significant excess terrestrial residual risks will remain after the 
ROD-required cleanup actions for soil, including additional areas of 
excavation and tilling identified as part of remedial design refinement 
as required by the ROD, are completed.
    Based on the extensive investigations and risk assessment performed 
for the SPA of the RMA/NPL Site, there are no further response actions 
planned or scheduled for this area. Currently, no hazardous substances 
remain at the SPA above health-based levels with respect to anticipated 
uses of and access to the site, which are limited under the FFA, Public 
Law 102-402, and the ROD. Because the SPA is subject to these 
restrictions on land and water use, it will be included in the RMA-wide 
five-year reviews. There are no operation and maintenance requirements 
for the remedies implemented at the SPA. All completion requirements 
for the SPA of the On-Post OU have been achieved as outlined in OSWER 
Directive 9320.2-09A-P.
    EPA, with concurrence from the State of Colorado, has determined 
that all appropriate CERCLA response actions have been completed within 
the SPA of the RMA/NPL Site to protect public health and the 
environment and that no further response action by responsible parties 
is required. Therefore, EPA proposes to delete the SPA of the On-Post 
OU of the RMA/NPL Site from the NPL.

    Dated: July 16, 2003.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
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