ML20149F043
| ML20149F043 | |
| Person / Time | |
|---|---|
| Issue date: | 03/31/1983 |
| From: | Sniezek J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Otter W LABOR, DEPT. OF |
| Shared Package | |
| ML20149B504 | List: |
| References | |
| FOIA-87-803 NUDOCS 8801140100 | |
| Download: ML20149F043 (12) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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MEMORANDUM FOR:
William M. Otter, Administrator Wage and Hour Division Department of Labor FROM:
James H. Sniezek, Deputy Director Office of Inspection and Enforcement
SUBJECT:
WORKING ARRANGEMENTS TO IMPLEMENT MEMORANDUM OF UNDERSTANDING BETWEEN NRC AND 00L In accordance with the subject memorandum of understanding, we have draft working arrangements for implementing the MOV (Enclosure 1)., developed These working arrangements establish responsibilities for DOL and NRC in investigation and enforcement of violations of Section 210(a) of the Energy Reorganization Act of 1974, as amended.
Also included are regional personnel for each agency. (points of contact with headquarters and Enclosures 2 and 3)
To ensure agreement between our agencies on arrangements for implementing the MOU, the enclosure has been prepared for my signature and yours.
Please review the draft and fomard coments to Jane Axelrad, Acting Director of Enforcement (492-4909) so that it can be finalized.
The NRC will be handling cases in accordance with these draft working arrangements in the interim.
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~~M MLCo46 Jares H. Sniezek, Dep,u y Director 0 ice of Inspection nd Enforcement
Enclosure:
As stated a*
p 8801140100 880111 PDR FOIA BAUMAN87-903 P.DR
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WORXING ARRANGEMENTS FOR IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE NUCLEAR REGULATOP,Y COMMISSION AND THE DEPARTMENT OF LABOR CONTENTS Section Title I
Background and Purpose II Investigations and Processing of Complaints III Enforcement Appendices A
NRC/00L Memorandum of Understanding B
NRC Points of Contact C
00L Points of Contact l
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't Procedures for Implementing MOU between NRC and 00L I.
Background and Purpose On July 29, }.982, the Executive Director for Operations of the Nuclear a
Regulatofy Comission signed the "Memorandum of Understanding Between NRC and Department of Labor."
The Administrator of the Wage and Hour Division of the Department of Labor signed the document on October 25, 1982.
The MOU set forth the responsibilities of the NRC and 00L in protecting the rights of employees as specified in Section 210(a) of the Energy Reorganization Act of 1974, as amended.
Section 3 of the MOV pro-vides that the two agencies will "... cooperate with each other to the fullest extent possible in every case of alleged discrimination involving employees of Comission licensees, applicants, or contractors or subcon-tractors of Comission licensees or applicants."
Sections 19.20,30.7(a)(1)(1),'40.7(a)(1)(1),50.7(a)(1)(1),60.9(a)(1)(1).
70.7(a)(1)(1), and 72.10(a)(1)(1) of Title 10 of the Code of Federal Regulations implement Section 210(a) of the AEA and specify employee protection requirements for activities Mcensed by the NRC.
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The purpose of this document is to formalize working arrangements between the NRC and 00L to ensure prompt notification, investigation, and followup of complaints involving alleged discrimination against employees who have contacted, or have attempted to contact, the NRC.
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2 II.
Investigation and Rrocessing of Complaints A.
If the NRC receives a complaint concerning a possible violation of Section 210(a), it will refer the complainant to DOL and will promptly notify 00L to e,nsure that 00L is aware of the complaint and to determine if 00L is investigating the incident.
The NRC will not normally initiate an investigation of a complaint if DOL is conducting; or has completed an investigation, and found no violations.
(If DOL concludes that a violation occurred, NRC may initiate an investigation where necessary to develop additional information for its enforcement action).
00L will notify the NRC of the decision of the Administrator, Wage and Hour Division, at the conclusion of the investigation and of the results of the Secretary of Labor's review of that decision.
B.
If DOL receives a complaint concerning a possible violation of Section 210(a),'it will promptly notify the NRC and inform the NRC of whether 00L intends to conduct an investigation into the patter.
If DOL does not l
intend to conduct an investigation, the NRC will consider whether to initiate its own investigation, C.
The NRC will facilitate 00L's investigations by taking all reasonable steps to assist DOL in obtaining access to licensed facilities and any necessary security clearances.
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3 D.
Each agency shall designate, and maintain as current, points of contact within its headquarters and regional offices for purposes of implementation of the M00.
Matters affecting program and policy issues will be handled by the headquarters offices of the agencies.
III. Enforcement A.
00L's enforcement actions are primarily directed at restoring benefits or employment status unfairly denied an employee.
If DOL finds that no violations of Section 210(a) occurred, NRC nomally will not initiate enforcement action.
If, however, DOL finds that a violation has occurred, the NRC may take enforcement action under its Enforcement Policy, 10 CFR Part 2, Appendix C, including issuance of a Notice of Violation, imposition of c(vil penalties, or issuance of orders sus-pending, modifying, or revoking licenses, but will nomally consider the effect of the action taken by DOL before deciding on its action.
B.
The regional offices of each agency will nomally develop the initial recomendations on enforcement action for their agency and will forward them to headquarters for review.
Each organizational element (regional office and headquarters) will consult with the appropriate 4
level of the other agency in orocessino enforcement actions.
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This document shall be reviewed and updated periodically.
Approved:
Approved:
James H. Sniezek Date William M. Otte; Date Deputy Director Administ.4 tor Office of Inspection and Enforcement Wage and hiur Division U.S. Nuclear Regulatory Commission U.S. Department of Labor 6
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NRC POINTS OF CONTACT Headquarters:
Jane Axelrad, Acting Director of Enforcement 492-4909 (FTS); (301) 492-4909 (Comercial)
Region I (Maine, New Hampshire, Vermont, New York, Massachusetts, Rhode Island, Connecticut, Pennsylvania, New Jersey, Delaware, Maryland)
Daniel Holody, Enforcement Specialist 488-1312 (FTS); (215) 337-5312 (Commercial)
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Region II (Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Florida) w J.L blaf Isr' ' M r:0r., Director of Program Support Staff G
242-550K(FTS);(404)221-5507(Commercial) s
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2 Region III (Michigan, Ohio, Indiana, Illinois, Wisconsin, Minnesota, Iowa, Missouri)
A. Bert Davis, Deputy Regional Administrator 384-2681 (FTS); (312) 932-2681 (Comercial)
Region IV (North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas, New Mexico, Colorado, Utah, Wyoming, Idaho, Montana) t W We,d e "
C. ic Je;.n.e c Director of Enforcement 90 oo 728-81M (FTS); (817) 860-81M (Comercial)
Region V
( Arizona, California, Nevada, Oregon, Washington, Hawaii, Alaska)
Allen Johnson, Director of Enforcement 463-3739(FTS);(415)943-3739 t
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00L POINTS OF CONTACT f.
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Headquarters:
James L. Valin, As:istant Administrator Wage and Hour Division 523-7043(FTS);(202)523-7043(Commercial)
Region I (Maine, New Hampshire, Vennont, Massachusetts, Connecticut, RhodeIsland) 1 William L. Smith Assistant Regional Administrator 223-5565 (FTS); (617) 223-0995 (Consnercial)
Region II (NewYork,NewJersey)
I Raymond G. Cordelli Assistant Regional Administrator 265-3348 (FTS); (212) 944-3348 (Coninercial) i l
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2 Region III (Pennsylvania, Delaware, Maryland, Virginia, West Virginia)
John A. Craven Assistant Regional Ad'ministrator 596-1194 (FTS); (215) 596-1194 (Connercial)
Region IV (South Carolina, Georgia, Florida)
Richard Robinette Assistant Regional Administrator 257-4801 (FTS); (404) 881-4801 (Connercial)
(Alabama, Mississippi, Tennessee, Kentucky, North Carolina)
Sterling B. Williams Assistant Regional Administrator 229-1301 (FTS); (404) 254-1301 (Connercial)
Region V (Minnesota, Wisccasin, Michigan, Ohio Indiana Illinois)
Richard A. McMahon Assistant Regional Administrator 353-8845 (FTS); (312) 353-7250 (Connercial) l
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Region VI (Louisiana, Arkansas, Oklahoma, Texas, New Mexico)
Alfred A. Ramsey Assistant Regional Administrator 729-6891 (FTS); (214) 767-6891 (Commercial)
Region VII (Iowa, Missouri, Nebraska, Kansas)
M. J. Vallarreal Assistant Regional Administrator 758-5386 (FTS); (816) 374-5386 (Come'rcial)
Region VIII (North Dakota, South Dakota, Montana, Wyoming, Utah, Colorado)
Loren E. Gilbert Assistant Regional Administrator 327-4613-(FTS); (303) 837-4613 (Commercial)
Region IX (California, Nevada, Arizona, Hawaii)
Herbert Goldstein Assistant Regional Administrator 556-3592 (FTS); (415) 556-3592 (Comercial)
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Region X
'(Washington, Oregon Idaho, Alaska)
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Wilbur J. Olson Assistant Regional Administrator
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399-1914 (FTS); (206) 442-1914 (Commercial) i i
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UNITED STATES 9
"f NUCLEAR REGULATORY COMMISSION-i!
WASHINGTON, D. C. 20555 y......s m 22 m EGM 83-02 MEMORANDUM FOR:
T. E. Murley, Regional Administrator, RI J. P. O'Reilly, Regional Administrator, RII J. G. Keppler, Regional Administrator, RIII J. T. Collins, Regional Administrator, RIV J. B. Martin, Regional Administratyr RV THRU:
Richard C. DeYoung, Directo h kWM Office of Inspection and En ce
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FROM:
Jane, A. Axelrad. Director Enforcement Staff IE
SUBJECT:
WORKING ARRANGEMENTS FOR IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF LABOR On October 25, 1982, a Memorandum of Understanding (MOV) was signed by NRC and the Department of Labor to facilitate coordination and cooperation between the agencies in the processing of violations of the employee protection provisions of Section 210(a working arrangeme)nts were developed and points of contact were est of the Energy Reorganization Act (Enclosure 1).
Subsequently, the regional and headquarters levels for each agency (Enclosure 2).
The working arrangements establish certain comitments that must be carried out by the regional contacts for the NRC.
The working arrangements provide that NRC will refer complainants to DOL. advise 00L of complaints received concerning employee discrimination, inform DOL of investigations that NRC is conducting into these matters, facilitate 00L's investigations by assisting in gaining access to NRC-licensed facilities, and decide whether NRC should conduct an independent investigation.
Once the NRC has received the Secretary of Labor's decision on facts uncovered during a DOL investigation, and if that decision determines that a violation of Section 210(a) occurred, the Region must detennine whether there has been a violation of NRC's rules.
Based on that detennination, enforcement action should be pursued consistent with the NRC Enforcement Policy and should be coordinated with headquarters.
,5 w L. L c Jane A. Axelrad Director Enforcement Staff, IE
Enclosures:
As stated g
J M 22 213 EGM 83-02 2'
cc:
J.H. Sniezek, IE J. Liebennan, ELD D. Holody, RI M. Puckett, RII W. Schultz, RIII E. Johnson, RIY A. Johnson, RV E. Flack, IE J. Craig, IE G. Klingle,r, IE G. Barber, IE' R. Rosano, IE 1
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i MEMORAN00M'0F UNDERSTAbO!iG BETWEEN NRC ANO f-1.
PURPOSE The U. S. Nuclear Regulatory Comission (NRC) and the Department of Labo enter into this agreement to facilitate coordination and cooperation concerning the employee protection provirions of Section 210 of the Energy Reorganization Act of 1974 (Reorganizition Act), as amended, 42 U.S.C. 5851.
2.
BACXGROUND Section 210 of the Reorganization Act prohibits any employar, including a Nucle
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Regulatory Com';ssion licensee, applicant or a contractor or subcontractor of a Comission licensee or applicant, from dtscriminating against any employee with respect tc his or her compensation, terms, conditions or privileges of employment oecause the employee assisted or participated, or is about to assist or participa:
in any manner in any action to carry out the purposes of either the Peorga'niz Act or the Atomic Energy Act of 1954 (Atomic.rNrgy Act), as amended, 42 U.S.C.
2011 el sea.
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The NRC and 00L have complementary responsibilities in the aret: of employee protection.
00L has the responsibilit; under Section 210 of the Reorganization Act to investigate employee comolaints of discrimination and may, after an l
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investigation and hearing, order a violator to take affirmative action to abate the violation, reinitate the complainant to his or her former position with,
backpay, and award compensatory damages, including attorney fees.
NRC, though without direct authority to provide a remedy to an employee, has independent authority under the Atomic Energy Act to take appropriate enfercement action against Commission licarsees that violate the Atomic Energy Act, the Reorgani-zation Act, or Commission requirements.
Enforcement' action may include license denial, suspension or revocation or the imposition of civil penalties.
Al'iough each agency will carry out.its statutory' responsibilities independently, the agencies agree that administrative efficiency and sound enf,orcement policias will be maximized by cooperation anc the timely exchange of information in areas of mutual interest.
3.
AREAS OF COOPERATION 00L agrees to promptly notify NRC of any complaint filed with 00L alleging a.
discrimination within the meaning of Secticn 210 of the Energy 9eorganization Act.
DOL will promptly provide NRC a copy of the complaint, decisions and orders associated with the investigation and any hearing on the complaint.
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00L will also keep NRC currently informed on the' status of any judicial stoceedings seeking review of an order of the Secretary of Labor issued pursuant to Section 210 of the Reorganization Act.
b.
MRC and 00L agree to cooperate with each other to the fullest extent possible in every case of alleged discrimination involving employees of Commission licensees, applicants, or contractors or subcontractors of Commission lican-sees or applicants.
NRC will take all reasonable steps to assist 00L in obtaining access to l'icensed facilities and any necessary security clearances Each agency agrees to share and promote access to all information it obtains concerning a particular allegation end, to the extent permitted by law, will protect the confidentiality of information identified as sensitive that has been supplied to it by the other agency.
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IMPLEMENTATION The NRC official responsible for implementation of this agreement is the Executive Director for Operationc; the 00L official respons~ible for implemen-2ation of this agreement is the Admini,trator, Wage and Hour Division.
Working.
level point of contacts shall be established and identifieo within 10 days after the effective date of this agreement for both headquarters and field coerations.
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4.
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AMENOMENT AND TERMINATION f
This Agreement may be amended or modified upon written agreement by parties to the Agreement.
The Agreement may be terminated upon ninety (90) days written notice by either party.
6.
EFFECTIVE DATE This agreeement is effective when signed by both parties.
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William J. Dircks Executive Director for Operations Nuclear Regulatory Cc'. mission Dated: July 29,1982 A
William M. Otter, Administrator l
l Wage and Hour Division Department of Labor Dated:
October 25, la82
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Procedures for Implementing MOU between NRC and 00L I.
Background and Purpose On July 29, 1982, the Executive Director for Operations of the Nuclear Regulatory Commission signed the "Memorandum of Understanding Between NRC and Department of Labor." The Administr.ator of the Wage and Hour Division of the Department of Labor signed the document on October 25, 1982.
The MOU set forth the responsibilities of the NRC and DOL in protecting the rights of employees as specified in Section 210(a) of the Energy Reorganization Act of 1974, as amended.
Section 3 of the MOV pro-vides that the two agencies will "... cooperate with each other to the fullest extent possible in every case of clieged discrimination involving employees of Commission licensees, applicants, or contractors or subcon-tractors of Commission licensees or applicants."
These working arrangements between the NRC and 00L have been developed to ensure prompt notification, investigation, and followup of complaints involving alleged discrimination agaf'.st employees who have contacted, or have attempted to contact, the NRC.
II.
Investigation ind Processing of Complaints A.
If the NRC receives a complaint concerning a possibla violation of Section 210(a), it will refer the complainant to D0L and will promptly notify DOL to ensure that D0L is aware of the complaint and to determine if DOL is investigating the incident.
The NRC will not
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r normally initiate an investigation of a comp tint if DOL is conducting, or has completed, an investigation and found no violations.
(If'GL concludes that a violation occurred, NRC may initiate an investigation where necessary to develop additional information for its. enforr ent action).
DOL will notify the NRC of the decision of the Administrator....._.,, -
Wage and Hour Division, at the conclusion of the investigation and of the results of the Secretary of Labor's review of that decision.
i B.
If DOL receives a complaint concerning a possible violation of Section 210(a), it will promptly notify the NRC and inform the NRC of whether DOL intends to conduct an investigation into the matter.
If D0L does not inter.d to conduct an investigation, the NRC will consider whether to initiate its own investigation.
In cases where the individual and his employer reach an agreement, D0L will notify the NRC of such a settlement even though DOL will not conduct an investigation.
C.
The NRC uill facilitate D0L's investigations by taking all reasonable steps to assist D0L in obtaining sccess '.o licensed faci'lities and any necessary security cl :rancas l
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D.
Each agency shall designate, and maintain as current, points of contact within its headquarters and regional offices for purposes of implementation of the MOU.
Matters affecting program and policy issues will be handled by the headquarters offices of the agencies.
III. Enforcement A.
00L's enforcement actions are primarily dir<teted at restoring benefits or employment status unfairly de fed an employee.
If 00L finds that no violations of Section 2.0f.) occurred, NRC norwelly will not initiate enforcement action.
If, swever, 00L finds that a violation has occurred, the NRC may take enfor< anent action under its Enforcement Policy,10 CFR Part 2, Appendix. C, including issuance of a Notice of Violation, imposition cf civil penalties, or issuance of orders sus-pending, modifying, or revokiig licenses, but will normally consider the effect of the action taken by DJL beivia deciding on its action.
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The area or regional offices of each agency will nrrmcily develop the initial recommendations on enforcement action for their agency and i
1 will forward them to headquarters fcr review.
I' s violation does l
not involve an escalated enforcement action, a i NRC regional office 1
may i(sue a Notice of Violation without Headquarters concurrence.
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NRC POINTS OF CONTACT f
Headquarters:
Jane Axelrad, Acting Director of Enforcement 492-4909 (FTS); (301) 492-4909 (Conrnercial)
Region I (Maine, New Hampshire, V6nnont, New York, Massachusetts, Rhode Islan6 Connecticut, Pennsylvania, New Jersey, Delaware, Maryland)
Daniel Holody, Enforcement Specialist 488-1312 (FTS); (215) 337-5312 (Comercial)
Region II (Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Florida)
John Puckett, Enforcement Specialist 242-5505 (FTS); (404) 221-5505 (Comercial)
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Region III (Michigan. Ohio, Indiana, Illinois, Wisconsin, Minnesota,.owa,.
'41ssouri)
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A. Bert Davis, Deput.y Regional Administrator 384-2681 (FTS); (312) 932-2081 (Conmercial)
Region IV (North Dakot3, South Dakota, Nebraska, Kansas, Oklahoma, Texas, New Mexico, Colorado, Utah, Wyoming, Idaho, Montana)
Thomas Westerman, Director of Enforcement 728-8100 (FTS), (817) 860-8100 (Commercial)
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Region V (Arizona, Ca'.ifornia, li?vada, Oregon, Washington. Hawaii.
Allen Jranson, in n ; tor of Enforcement 463-372) (FTS); (415) 943-3739
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00LP0]NTSOFCONTACT Headquarters:
James L. Valin, Assistant Administrator Wage and Hour Division 523-8353(FTS);(202)523-8353(Commercial) hgion I (Maine, l'ew llampshire, Vermont, Massachusetts, Connecticut, RhodeIsland)
William L. Smith Assistant Regional Administ ator 223-0995(FTS);(617)223-0995(Commercial)
Region II (New York, New Jersey)
Raymond G. Cordelli l
Assistant Regional Administrator 265-3348 (FTS); (212) 944-3348 (Conrnercial) l l
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Region III (Pennsylvania, Delaware, Maryland, Virginia, West Virginia)
John A. Craven Assistant Regional Administrator 596-1194 (FTS'); (215) 596 5194 (Commercial)
Region IV (South Carolina, Georgia, Florida)
Richard Robinett.
Assistant Regional Administrator 257-4801 (FT; (404) 881-4801 (Commercial)
(Alabama, Mississippi, Tennessee, Kentucky, North Carolina)
Sterling B. Williams Assistant Regional Administrator 229-1301 (FTS); (205) 254-1301 (Connercial)
Region V (Finnesota, Wisconsin, Michigan, Ohio, Indiana, Illinois)
Richard A. McMahon Assistant Regional Administrator 353-8845 (FTS); (312) 353-8845 (Conmercial)
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Region VI (Louisiana, Arkansas, Oklahoma, Texas, New Mexico)
Alfred A. Ramsey Assistant Regional Administrator 729-6891 (FTS); (214) 767-6891 (Coninercial)
Region VII (Iowa, Missouri, Nebraska, Kansas)
'M. J. Vallarreal Assistant Regional Administrator 758-5386 (FTS); (816) 374-5386 (Coninercial)
Region VIII (North Dakota, South Dakota, Montana, Wyoming, Utah, Co.lorado)
Loren E. Gilbert Assistant Regional Administrator 327-4613 (FTS); (303) 837-4613 (Coninercial)
Region IX (California, Nevada, Arizona, Hawaii)
Herbert Goldstein Assistant Regional Administrator 556-3592 (FTS); (415) 556-3592 (Commercial)
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1 Region X (Washington, Oregon, Idaho, Alaska)
Wilbur J. Olson Assistant Regional Administrator 399-1914 (FTS); (206) 442-1914 (Comercial) e p
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