[Federal Register Volume 85, Number 190 (Wednesday, September 30, 2020)]
[Rules and Regulations]
[Pages 61610-61614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20402]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1989-0011; EPA-HQ-SFUND-2004-0004; EPA-HQ-SFUND-1999-
0013; EPA-HQ-SFUND-1986-0005; EPA-HQ-SFUND-2011-0066; EPA-HQ-SFUND-
1999-0013; EPA-HQ-SFUND-1989-008; EPA-HQ-SFUND-1983-0002; EPA-HQ-SFUND-
2000-0006; EPA-HQ-SFUND-2005-0011; EPA-HQ-SFUND-1994-0009; EPA-HQ-
SFUND-1992-0014; FRL-10014-15-OLEM]
Deletions From the National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) announces the
deletion of eight sites and the partial deletion of nine sites from the
Superfund National Priorities List (NPL). The NPL, created under
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
The EPA and the states, through their designated state agencies, have
determined that all appropriate response actions under CERCLA, other
than operation and maintenance, monitoring, and five-year reviews,
where applicable, have been completed. However, this deletion does not
preclude future actions under Superfund.
DATES: The document is effective on September 30, 2020.
ADDRESSES:
Docket: EPA has established a docket for this action under the
Docket Identification included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the corresponding Regional Records Centers. Locations,
addresses, and phone numbers-of the Regional Records Centers follow.
Regional Records Centers:
Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, Superfund
Records and Information Center, 5 Post Office Square, Suite 100,
Boston, MA 02109-3912; 617/918-1413.
Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New
York, NY 10007-1866; 212/637-4342.
Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650
Arch Street Mail code 3HS12, Philadelphia, PA 19103; 215/814-3355.
Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303; 404/562-8637.
Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund
Division Librarian/SFD Records Manager SRC-7J, Metcalfe Federal
Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886-4465.
Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445 Ross Avenue,
Suite 1200, Mail code 6SFTS, Dallas, TX 75202-2733; 214/665-7436.
Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd.,
Mail code SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop
Street, Mail code Records Center, Denver, CO 80202-1129; 303/312-7273.
Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. EPA, 75
Hawthorne Street, Mail code SFD 6-1, San Francisco, CA 94105; 415/972-
3160.
Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th Avenue,
Suite 155, Mail stop OMP-161, Seattle, WA 98101; 206/553-4494.
The EPA is temporarily suspending Regional Records Centers for
public visitors to reduce the risk of transmitting COVID-19.
Information in these repositories, including the deletion docket, has
not been updated with hardcopy or electronic media. For further
information and updates on EPA Docket Center services, please visit us
online at https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID.
FOR FURTHER INFORMATION CONTACT:
Robert Lim, U.S. EPA Region 1 (CT, ME, MA, NH, RI, VT),
lim.robert@epa.gov, 617/918-1392
Mabel Garcia, U.S. EPA Region 2 (NJ, NY, PR, VI),
garcia.mabel@epa.gov, 212/637-4356
Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV),
hass.andrew@epa.gov, 215/814-2049
Deborah Cox or Brian Farrier, U.S. EPA Region 4 (AL, FL, GA,
KY, MS, NC, SC, TN), cox.deborah@epa.gov or 8bedeaf9f9e2eef9a5e9f9e2eae5cbeefbeaa5ece4fd, 404/
562-8317 or 404/562-8952.
Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, WI),
cibulskis.karen@epa.gov, 312/886-1843
Brian Mueller, U.S. EPA Region 6 (AR, LA, NM, OK, TX),
mueller.brian@epa.gov, 214/665-7167
David Wennerstrom, U.S. EPA Region 7 (IA, KS, MO, NE),
wennerstrom.david@epa.gov, 913/551-7996
Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY),
kiefer.linda@epa.gov, 303/312-6689
Eric Canteenwala, U.S. EPA Region 9 (AZ, CA, HI, NV, AS, GU,
MP), Canteenwala.eric@epa.gov, 415/972-3932
Jeremy Jennings, U.S. EPA Region 10 (AK, ID, OR, WA),
jennings.jeremy@epa.gov, 206/553-2724
Chuck Sands, U.S. EPA Headquarters, sands.charles@epa.gov,
703/603-8857
[[Page 61611]]
SUPPLEMENTARY INFORMATION: Table 1- the sites to be deleted and
partially deleted from the NPL are:
Table 1
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City/county,
Site name state Type Docket No.
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American Crossarm & Conduit Co. Chehalis, WA..... Full................ EPA-HQ-SFUND-1989-0011
Annapolis Lead Mine............ Annapolis, MO.... Full................ EPA-HQ-SFUND-2004-0004
Cimarron Mining Corp........... Carrizozo, NM.... Full................ EPA-HQ-SFUND-1989-0011
Fridley Commons Park Well Field Fridley, MN...... Full................ EPA-HQ-SFUND-1999-0013
Jasco Chemical Corp............ Mountain View, CA Full................ EPA-HQ-SFUND-1989-0011
Northside Landfill............. Spokane, WA...... Full................ EPA-HQ-SFUND-1986-0005
Red Panther Chemical Company... Clarksdale, MS... Full................ EPA-HQ-SFUND- 2011-0066
Tulsa Fuel and Manufacturing... Collinsville, OK. Full................ EPA-HQ-SFUND-1999-0013
Anaconda Co. Smelter........... Anaconda, MT..... Partial............. EPA-HQ-SFUND-1983-0002
Douglass Road/Uniroyal, Inc., Mishawaka, IN.... Partial............. EPA-HQ-SFUND-1989-0008
Landfill.
Fort Wayne Reduction Dump...... Fort Wayne, IN... Partial............. EPA-HQ-SFUND-1986-0005
Industri-Plex.................. Woburn, MA....... Partial............. EPA-HQ-SFUND-1983-0002
Macalloy Corporation........... North Charleston, Partial............. EPA-HQ-SFUND-2000-0006
SC.
Queen City Farms............... Maple Valley, WA. Partial............. EPA-HQ-SFUND-2005-0011
Redstone Arsenal (USARMY/NASA). Huntsville, AL... Partial............. EPA-HQ-SFUND-1994-0009
Southeast Rockford Gd Wtr Rockford, IL..... Partial............. EPA-HQ-SFUND-1989-0008
Contamination.
U.S. Smelter & Lead Refining East Chicago, IN. Partial............. EPA-HQ-SFUND-1992-0014
Inc.
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The sites to be deleted from the NPL, information concerning the
proposed rule for the deletion including reference documents with the
rationale and data principally relied upon by the EPA to determine that
the Superfund response is complete, public comment and Responsiveness
Summary (RS) (if applicable) are included in Table 2 as follows:
Table 2
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Date,
Site name proposed rule FR citation Public comment RS Footnote
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American Crossarm & Conduit Co....... 7/10/2020 85 FR 41486.................... No........................ No.................. 1, 3
Annapolis Lead Mine.................. 7/10/2020 85 FR 41487.................... No........................ No.................. 1, 2, 3
Cimarron Mining Corp................. 8/5/2020 85 FR 47331.................... No........................ No.................. 1, 2, 3
Fridley Commons Park Well Field...... 6/23/2020 85 FR 37619.................... Yes....................... No.................. ..............
Jasco Chemical Corp.................. 5/26/2020 85 FR 31427.................... Yes....................... Yes................. ..............
Northside Landfill................... 7/14/2020 85 FR 42431.................... Yes....................... Yes................. 1, 3
Red Panther Chemical Company......... 7/15/2020 85 FR 42813.................... No........................ No.................. ..............
Tulsa Fuel and Manufacturing......... 7/16/2020 85 FR 43193.................... No........................ No.................. 1, 2, 3
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The NCP permits activities to occur at a deleted site or that media
or parcel of a partially deleted site, including operation and
maintenance of the remedy, monitoring, and five-year reviews These
activities for the site are entered in Table 2 and 3 in this
SUPPLEMENTARY INFORMATION section, if applicable, under Footnote such
that; 1= site has continued operation and maintenance of the remedy, 2=
site receives continued monitoring, and 3= site five-year reviews are
conducted.
The EPA received comments on three of the sites included for
deletion in this final rule. For the Fridley Commons Park Well Field
site, the closing date for comments on the Notice of Intent to Delete
was July 23, 2020. One public comment was received which was not
related to the deletion of the site from the NPL and EPA still believes
the deletion action is appropriate. The comment and a memorandum
documenting receipt of the comment were prepared and placed in the
docket, EPA-HQ-SFUND-1999-0013, on https://www.regulations.gov, and in
the Regional repository listed in the ADDRESSES section.
For the Jasco Chemical Corp. site, the closing date for comments on
the Notice of Intent to Delete was June 25, 2020. Eight public comments
were received. Commenters were concerned with a nearby unrelated
chemical plume and exposure to construction workers and future
residents of an apartment complex under construction at the site.
Potential risks to workers and future residents at the Jasco site are
being managed independently of the CERCLA cleanup process. There is a
Covenant and Environmental Restriction on Property, or deed
restriction, on the Jasco property which requires the California
Regional Water Quality Control Board and EPA to oversee future use of
the site, and to ensure soil and groundwater is managed according to a
soil management plan that prevents any human exposure. The plan ensures
continued sampling of site soil and groundwater, as it is transported
offsite, to assure protection of human health and environment. A vapor
mitigation system will be installed under the building and confirmatory
pre-occupancy indoor air sampling to verify the efficacy of the system.
EPA has determined that it is appropriate to proceed with the deletion
because all response actions at the Jasco site are complete and the
criteria for deletion have been met. A responsiveness summary was
prepared and placed in the docket, EPA-HQ-SFUND-1989-0011, on https://www.regulations.gov, and in the Regional repository listed in the
ADDRESSES section.
For the Northside Landfill site, the closing date for comments on
the Notice
[[Page 61612]]
of Intent to Delete was August 13, 2020. Two public comments were
received. One commenter was concerned that EPA make decisions using
good science and hard data. Such decision-making is documented in
reports included in the deletion docket. The other commenter was
concerned about the future use of the landfill property, particularly
residential or commercial redevelopment. The site has an Environmental
Covenant which restricts future uses of the site. The limitations
prohibit any activity that would damage or disturb the integrity of the
landfill cap which include any drilling, digging, excavation or
placement of objects or equipment which would stress or deform the
surface. Any future land use would need to be consistent with the
Environmental Covenant. EPA still believes the deletion action is
appropriate. A responsiveness summary was prepared and placed in the
docket, EPA-HQ-SFUND-1986-0005, on https://www.regulations.gov, and in
the Regional repository listed in the Addresses section. For all other
sites not specified above, no adverse comments were received.
The sites to be partially deleted from the NPL are included in
Table 3 as follows:
Table 3
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Date, proposed
Site name rule FR citation Public comment RS Footnote
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Anaconda Co. Smelter................. 8/10/2020 85 FR 48132.................... No........................ No.................. 1, 2, 3
Douglass Road/Uniroyal, Inc., 6/23/2020 85 FR 37617.................... Yes....................... Yes................. 1, 2, 3
Landfill.
Fort Wayne Reduction Dump............ 7/16/2020 85 FR 43191.................... Yes....................... Yes................. 1, 2, 3
Industri-Plex........................ 7/15/2020 85 FR 42809.................... No........................ No.................. ..............
Macalloy Corporation................. 7/27/2020 85 FR 45155.................... Yes....................... Yes................. 2, 3
Queen City Farms..................... 7/14/2020 85 FR 42343.................... Yes....................... Yes................. 1, 2, 3
Redstone Arsenal (USARMY/NASA)....... 7/22/2020 85 FR 44259.................... No........................ No.................. ..............
Southeast Rockford Gd Wtr 6/23/2020 85 FR 37615.................... Yes....................... No.................. ..............
Contamination.
U.S. Smelter & Lead Refining Inc..... 7/8/2020 85 FR 40959.................... Yes....................... Yes................. ..............
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The area and media of each Superfund site partial deletion is
specified in the applicable proposed rule cited in Table 3 in this
SUPPLEMENTARY INFORMATION section. All other Superfund site areas and
media will remain on the NPL and are not being considered for deletion
as part of this action.
The EPA received comments on six of the sites included for partial
deletion in this rule. For the Douglass Road/Uniroyal, Inc., Landfill
site, the closing date for comments on the Notice of Intent to
Partially Delete was July 23, 2020. Three public comments were
received. One comment from a resident in a nearby area expressed
concern that the site is contaminating their well water and a nearby
lake; the resident requested that the well water be tested. EPA and the
state do not believe this area to be contaminated as explained to the
commenter, and the state and county have offered to conduct sampling of
the well. EPA also received one comment with property ownership records
for Operable Unit 1, which EPA added to the deletion docket and site
file. The City of Mishawaka commented and was concerned that deleting
the Landfill Cap Area portion of the site from the NPL meant that the
landfill gas control system would be shut down. The active landfill gas
control system at the site, as well as other operation and maintenance
activities, will continue after the partial deletion. The City also
wanted to confirm that given the remaining levels of groundwater
contamination at the site, all future development in the area will need
to remain on municipal water. EPA confirmed that the groundwater
portion of the site would remain on the NPL and future development in
the area will likely need to remain on municipal water. EPA still
believes the deletion action is appropriate. A responsiveness summary
was prepared and placed in the docket, EPA-HQ-SFUND-1989-0008 on
https://www.regulations.gov, and in the Regional repository listed in
the ADDRESSES section.
For the Fort Wayne Reduction Dump site, the closing date for
comments on the Notice of Intent to Partially Delete was August 17,
2020. Two public comments were received. One comment was from a nearby
resident who thought inspections, maintenance and monitoring would be
discontinued after the partial deletion. These activities will
continue, as described in materials contained in the deletion docket.
One public comment was received which was not related to the deletion
of the site from the NPL. EPA still believes the deletion action is
appropriate. A responsiveness summary was prepared and placed in the
docket, EPA-HQ-SFUND-1986-0005, on https://www.regulations.gov, and in
the Regional repository listed in the ADDRESSES section.
For the Macalloy Corporation site, the closing date for comments on
the Notice of Intent to Partially Delete was August 26, 2020. One
public comment was received stating if pollutants were found during a
five-year review of the site, there should be joint and several
liability on any party found responsible for creating this pollution
retroactively and groundwater should be monitored. EPA has a Consent
Decree with the potentially responsible party group to conduct the
response and groundwater is being monitored as part of the five-year
review. EPA still believes the deletion action is appropriate. A
responsiveness summary was prepared and placed in the docket, EPA-HQ-
SFUND-2000-0006, on https://www.regulations.gov, and in the Regional
repository listed in the ADDRESSES section.
For the Queen City Farms site, the closing date for comments on the
Notice of Intent to Partially Delete was August 13, 2020. Three public
comments were received. One comment supported the partial deletion.
Another comment expressed concerns about burning chemicals at the site
and expressed concerns that the cleanup level for polynuclear aromatic
compounds (PAHs) was not protective, requesting that EPA evaluate
whether the cleanup level for PAHs is still protective. EPA lowered the
cancer potency factor for carcinogenic PAHs based on changes to the
toxicity, so EPA believes the cleanup level chosen is protective. A
third commenter was concerned about chemical unknowns and future land
use. The Final Containment Cell area is limited to industrial use and
institutional controls restrict use of the areas to industrial use. EPA
still believes the deletion action is appropriate. A responsiveness
summary was prepared and placed in the docket, EPA-HQ-SFUND-2005-0011,
on
[[Page 61613]]
https://www.regulations.gov, and in the Regional repository listed in
the ADDRESSES section.
For the Southeast Rockford Ground Water Contamination site (NPL
listing is Southeast Rockford Gd Wtr Contamination site), the closing
date for comments on the Notice of Intent to Partially Delete was July
23, 2020. One public comment was received which was not related to the
deletion of the site from the NPL and EPA still believes the deletion
action is appropriate. The comment and a memorandum documenting receipt
of the comment were prepared and placed in the docket EPA-HQ-SFUND-
1989-0008 on https://www.regulations.gov, and in the Regional
repository listed in the ADDRESSES section.
For the U.S. Smelter & Lead Refining Inc. site, the closing date
for comments on the Notice of Intent to Partially Delete was August 7,
2020. EPA received written or verbal public comments from the East
Chicago Calumet Coalition and four individuals. EPA also received
telephone calls during the comment period from four area residents
requesting additional information about the partial deletion and their
specific properties. The comments from the East Chicago Calumet
Coalition and three residents opposed the deletion primarily based on
potential effects of area groundwater contamination and the other
portions of the site that EPA is still evaluating as part of an ongoing
investigation at another area of the site not being partially deleted.
One commenter opposed the deletion but did not include site specific
information to support the opposition. The four phone callers were
primarily requesting additional information about the partial deletion
and their specific properties; however, three of the callers verbally
expressed support for EPA's proposal to delete their properties from
the NPL. EPA still believes the deletion action is appropriate. A
responsiveness summary was prepared and placed in the docket EPA-HQ-
SFUND-2008-0577, on https://www.regulations.gov, and in the Regional
repository listed in the ADDRESSES section.
For all other sites not specified above, no adverse comments were
received.
EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.
Dated: September 10, 2020.
Dana Stalcup,
Acting Office Director, Office of Superfund Remediation and Technology
Innovation.
For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.
0
2. Amend Appendix B to part 300 by:
0
a. In Table 1 remove the entries for ``CA'', ``Jasco Chemical Co.''
``Mountain View''; ``MN'', ``Fridley Commons Park Well Field'',
``Fridley''; ``MO'', ``Annapolis Lead Mine'' ``Annapolis''; ``MS'',
``Red Panther Chemical Company'', ``Clarksdale''; ``NM'' ``Cimarron
Mining Corp.'', ``Carrizozo''; ``OK'', ``Tulsa Fuel and
Manufacturing'', ``Collinsville'', ``WA'', ``American Crossarm &
Conduit Co.'' ``Chehalis'', and ``WA'', ``Northside Landfill'',
``Spokane''.
0
b. In Table 1 revise the entries for ``IL'', ``Southeast Rockford Gd
Wtr Contamination'', ``Rockford''; ``IN'', ``Douglass Road/Uniroyal,
Inc., Landfill'', ``Mishawaka''; ``IN'', ``Fort Wayne Reduction Dump'',
``Fort Wayne''; ``IN'', ``U.S. Smelter & Lead Refining Inc.'', ``East
Chicago''; ``MA'', ``Industri-Plex'', ``Woburn''; ``MT'', ``Anaconda
Co. Smelter'', ``Anaconda''; ``SC'', ``Macalloy Corporation'', ``North
Charleston'', and ``WA'', ``Queen City Farms'', ``Maple Valley''.
0
c. In Table 2 revise the entry for ``AL'', ``Redstone Arsenal (USARMY/
NASA)'', ``Huntsville''.
The revisions read as follows:
Appendix B to Part 300--National Priorities List
Table 1--General Superfund Section
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State Site name City/county Notes (a)
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* * * * * * *
* * * * * * *
IL................................... Southeast Rockford Gd Rockford................ P
Wtr Contamination.
* * * * * * *
IN................................... Douglass Road/Uniroyal, Mishawaka............... P
Inc., Landfill.
* * * * * * *
IN................................... Fort Wayne Reduction Fort Wayne.............. P
Dump.
* * * * * * *
IN................................... U.S. Smelter & Lead East Chicago............ P
Refining Inc.
* * * * * * *
MA................................... Industri-Plex........... Woburn.................. P
* * * * * * *
MT................................... Anaconda Co. Smelter.... Anaconda................ P
[[Page 61614]]
* * * * * * *
SC................................... Macalloy Corporation.... North Charleston........ P
* * * * * * *
WA................................... Queen City Farms........ Maple Valley............ P
* * * * * * *
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* P = Sites with partial deletion(s).
Table 2--Federal Facilities Section
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State Site name City/county Notes (a)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
AL................................... Redstone Arsenal (USARMY/ Huntsville.............. P
NASA).
* * * * * * *
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[FR Doc. 2020-20402 Filed 9-29-20; 8:45 am]
BILLING CODE 6560-50-P