Approval and Promulgation of Implementation Plans; Georgia: Approval of Revisions to State Implementation Plan
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 11, 2002 (Volume 67, Number 133)]
[Rules and Regulations]
[Page 45909-45914]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy02-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA-50; GA-53; GA-56; GA-58; GA-59-200230(a); FRL-7244-5]
Approval and Promulgation of Implementation Plans; Georgia:
Approval of Revisions to State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving the State Implementation Plan (SIP)
revisions submitted by the State of Georgia through the Georgia
Environmental Protection Division (GAEPD) on December 6, 1999, March
21, 2000, January 4, 2001, August 21, 2001, and December 28, 2001.
These revisions pertain to Rules for Air Quality Control and Rules for
Enhanced Inspection and Maintenance.
DATES: This direct final rule is effective September 9, 2002, without
further notice, unless EPA receives adverse comment by August 12, 2002.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: All comments should be addressed to: Scott Martin at the
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta,
Georgia 30303-8960.
[[Page 45910]]
Copies of the State submittal(s) are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Air Protection Branch, Georgia Environmental Protection Division,
Georgia Department of Natural Resources, 4244 International Parkway,
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.
FOR FURTHER INFORMATION CONTACT: Scott Martin 404-562-9036. E-mail:
martin.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 6, 1999, March 21, 2000, January 4, 2001, August 21,
2001, and December 28, 2001, the GAEPD submitted revisions to the
Georgia SIP. These revisions pertain to Chapter 391-3-1 Rules for Air
Quality Control and Chapter 391-3-20 Enhanced Inspection and
Maintenance. The revisions are described below.
II. Analysis of State's Submittal
Description of Revisions Submitted on December 6, 1999
Chapter 391-3-20: Rules for Enhanced Inspection and Maintenance (I/M)
On December 6, 1999, the Georgia Environmental Protection Division
(EPD) submitted a request to revise the enhanced I/M program in the
Atlanta, Georgia ozone nonattainment area as described in the State
Implementation Plan (SIP). The revisions were to the Georgia ``Rules
for Enhanced Inspection and Maintenance'', Chapter 391-3-20. The
primary changes to the rules were the following: (1) The minimum
expenditure required to obtain a repair waiver was raised to the
Federally mandated level of $450 plus an adjustment based upon the
change in the Consumer Price Index since 1989; (2) County tax and tag
personnel were authorized to process I/M exemptions, extensions, and
waivers; and (3) the need for windshield stickers was repealed. There
were other minor changes made to the program, including administrative
and procedural amendments that will have no impact upon the emission
reduction of the program.
The primary change, the increase in the minimum waiver expenditure,
is in accordance with the specifications EPA established for enhanced
I/M programs in the November 5, 1992 Federal Register. This increased
limit will result in vehicles failing the I/M test receiving more
effective repairs, especially those with excessive nitrogen oxide
emissions. The minimum waiver expenditure will be adjusted yearly in
accordance with EPA requirements.
Description of Revisions Submitted on March 21, 2000
Chapter 391-3-1: Rules For Air Quality Control
Rule 391-3-1.01(pp) ``Modification'' is being revised to clarify
that routine maintenance, repair, and replacement; an increase of
production; an increase in the hours of operation; and the use of
alternative fuel or raw material may not be a modification.
Rule 391-3-1.01(llll) ``Volatile Organic Compound (VOC)'' is being
revised to add volatile methyl siloxanes and parachlorobenzotriflouride
to the list of exempt VOC's in accordance with EPA's definition of VOC.
Chapter 391-3-1.03: Permits
Rule 391-3-1-.03(2)(i) is being amended to allow the public and EPA
notification and review of a permit application to begin upon receipt
of a permit application rather than upon completion of a draft permit.
Description of Revisions Submitted on January 4, 2001
Chapter 391-3-1: Rules For Air Quality Control
Rule 391-3-1.01(nnnn) ``Procedures for Testing and Monitoring
Sources of Air Pollutants'' is being revised to reflect a new revision
date of September 20, 2000.
Rule 391-3-1-.02(2)(zz) ``Gasoline Dispensing Facilities--Stage
II'' is being revised to provide an exemption for Stage II requirements
for all dispensers used exclusively for the fueling or refueling of
vehicles equipped with onroad vapor recovery (ORVR) equipment, as ORVR
fully displaces the need for Stage II vapor recovery.
Chapter 391-3-20: Rules for Enhanced Inspection and Maintenance (I/M)
Rule 391-3-20-.01, relating to ``Definitions'' is being amended to
add, delete, and modify definitions related to enhanced emission
testing, and to renumber the definitions.
Rule 391-3-20-.03 paragraphs (8) and (9), relating to ``Covered
Vehicles; Exemptions'' are being amended to clarify the grandfather
status of gray market, kit cars, hot rods, senior citizens, and antique
or collector car or truck exemptions.
Rule 391-3-20-.04 paragraphs (1) and (2), relating to ``Emission
Inspection Procedures'' are being amended and paragraph (7) is being
added to clarify and add to the requirements for inspectors to perform
emissions inspections.
Rule 391-3-20-.05 paragraph (1) and subparagraphs (2)(a), (2)(b)3.
and (2)(c), relating to ``Emission Standards'' are being amended to
correct terms, synchronize the gray market test standards with other
gray market requirements, and to clarify the fuel cap test
requirements.
Rule 391-3-20-.07 paragraph (4), relating to ``Inspection System
Specifications'' is being amended to clarify the fuel cap testing
requirements.
Rule 391-3-20-.08 subparagraphs (2)(b) and (2)(c), relating to
``Quality Control and Equipment Calibration Procedures'' are being
amended to change a reference concerning data transmission line
requirements and to change the data file refresh requirement for mobile
test systems.
Rule 391-3-20-.09 subparagraphs (2)(a), (2)(i), (2)(j) and (2)(l),
relating to ``Inspection Station Requirements'' are being amended to
add to the information requirements for a station application, clarify
data transmission line requirements, amend how administrative fees are
paid, and to clarify the requirement for posting business hours.
Rule 391-3-20-.11 paragraphs (4), (6) and (9), relating to
``Inspector Qualifications and Certification'' are being amended to
clarify the requirements for inspector identification and to clarify
the responsibility for inspections.
Rule 391-3-20-.12 paragraphs (1) through (5), relating to
``Schedule for Emission Tests'' are being amended to correct the term
of an emission inspection and clarify the valid life of a certificate
of emissions inspection.
Rule 391-3-20-.13 subparagraphs (1)(i), (2)(a) and (2)(b) and
paragraph (3), relating to ``Certification of Emissions Inspection''
are being amended to clarify authority for issuing information and
forms.
Rule 391-3-20-.15 paragraph (4), relating to ``Repairs and
Retests'' is being amended and paragraph (7) is being added to clarify
reinspection requirements and to provide for verification of a re-
inspected vehicle.
Rule 391-3-20-.17 subparagraph (2)(a)1. and paragraph (3), relating
to ``Waivers'' are being amended to update the repair waiver cost for
test year 2001 and clarify the valid life of a waiver.
Rule 391-3-20-.18 paragraphs (1) and (2), relating to ``Sale of
Vehicles'' are being amended to clarify vehicle sale requirements.
[[Page 45911]]
Rule 391-3-20-.19 paragraph (2), relating to ``Management
Contractor'' is being amended to clarify access to inspection data.
Rule 391-3-20-.21 subparagraphs (2) and (3), relating to
``Inspection Fees'' are being amended to clarify the emission
inspection fee and the program administration fee.
Rule 391-3-20-.22 paragraph (2), relating to ``Enforcement'' is
being amended to clarify the terms of revocation for certificates of
authorization and inspector licenses.
Description of Revisions Submitted On August 21, 2001
Chapter 391-3-1: Rules For Air Quality Control
Rule 391-3-1-.01, Definitions, is being amended. The definition of
the Procedures For Testing And Monitoring Sources of Air Pollutants
(PTM) is being changed to reflect a new revision date of May 1, 2001.
Rule 391-3-1-.02, subparagraph (2)(bbb)2., relating to ``Reid Vapor
Pressure'' is being amended. To codify the Reid Vapor Pressure (RVP)
testing tolerance resultant from reproducibility errors associated with
the test methodology.
Rule 391-3-1-.02, subparagraph (2)(bbb)3., relating to ``Sulfur
Content'' is being amended to provide for a maximum, seasonal per-
gallon-cap on sulfur content in 2004 and beyond, and to codify the
sulfur testing tolerances resultant from reproducibility errors
associated with the test methodology.
Rule 391-3-1-.03, subparagraph (6)(i) thereof relating to
``Exemptions'' is being amended. The emissions level at which
facilities are exempt from permitting and at which facilities may defer
permit amendments for modifications is being increased.
Rule 391-3-1-.03, subparagraph (8)(c)12. thereof relating to
``Offsets'' is being amended. This addition will serve to clarify some
current EPD policy regarding the generation of offsets by putting the
policy directly into the applicable rule.
Rule 391-3-1-.03, subparagraphs (13)(d) and (13)(f) thereof
relating to ``Emission Reduction Credits'' are being amended. These
revisions will provide the Director with the authority to revoke
Emission Reduction Credits or otherwise reduce their value in
circumstances where a source that has proposed to generate and bank a
certain emission reduction fails to achieve the reduction in practice.
Chapter 391-3-20: Rules for Enhanced Inspection and Maintenance (I/M)
Rule 391-3-20-.01, paragraphs (y), (ii), and (jj) thereof, relating
to ``Definitions'' are being amended to modify definitions related to
enhanced emission testing.
Rule 391-3-20-.03, paragraphs (1), (4), and (9) thereof, relating
to ``Covered Vehicles; Exemptions'' are being amended to exempt
``antique vehicles'' in the covered vehicles category and to remove an
outdated reference.
Rule 391-3-20-.04, subparagraph (2)(b) thereof, relating to
``Emission Inspection Procedures'' is being amended to establish
criteria for using the 2-speed idle test on newer vehicles when OBD
testing begins.
Rule 391-3-20-.05, paragraph (4) thereof, relating to ``Emission
Standards'' is being amended to establish the ``pass'' criteria for the
OBD system check on newer vehicles.
Rule 391-3-20-.06, paragraphs (3), (4), and (7) thereof, relating
to ``On-Road Testing'' are being amended to clarify terms and to
provide EPD the opportunity to witness reinspection of vehicles
identified as high polluters.
Rule 391-3-20-.07, subparagraphs (1)(c) and (d) thereof, relating
to ``Inspection Equipment System Specifications'' are being amended to
include the requirement for station owners to procure OBD hardware and
software.
Rule 391-3-20-.09, subparagraph (2)(h)4. thereof, relating to
``Inspection Station Requirements'' is being amended to update the
reference to ``information'' on repair facilities.
Rule 391-3-20-.12, paragraph (2) thereof, relating to ``Schedules
for Emissions Tests'' is being amended to remove an outdated reference.
Rule 391-3-20-.13, subparagraph (2)(c) thereof, relating to
``Certificate of Emissions Inspection'' is being amended to update the
reference to ``information'' on repair facilities.
Rule 391-3-20-.15, paragraphs (4) and (7) thereof, relating to
``Repairs and Retests'' are being amended to clarify when a partial
reinspection is allowed and to establish reinspection criteria for the
OBD test.
Rule 391-3-20-.16, paragraphs (1) and (2) thereof, relating to
``Extensions, Reciprocal Tests'' are being amended to clarify
eligibility for an extension and clarify requirements for reciprocal
tests.
Rule 391-3-20-.20, paragraph (1) thereof, relating to ``Referee
Program'' is being amended to clarify EPD's authority to request a
referee test and clarify and extend the time period in which a referee
test can be requested.
Rule 391-3-20-.21, paragraph (3) thereof, relating to ``Program
Administration Fees'' is being amended to update the current
administrative fee structure and to remove reference to the expired
effective date.
Description of Revisions Submitted On December 28, 2001
Chapter 391-3-1: Rules For Air Quality Control
Rule 391-3-1-.01, relating to ``Definitions'' is being amended. The
definition of the Procedures For Testing And Monitoring Sources of Air
Pollutants (PTM) is being changed to reflect a new revision date of
September 20, 2001.
Rule 391-3-1-.02, subparagraph (2)(rr) thereof, relating to
``Gasoline Dispensing Facilities--Stage I'' is being amended to provide
for appropriate testing in accordance with changes in the California
Air Resources Board (CARB) Stage I vapor recovery program which the
present rule references; to revise the definition of a ``Gasoline
dispensing facility''; to revise the definition of ``Division
approved'' in accordance with the CARB changes; to clarify the
exemptions afforded to certain gasoline facilities; to specifically
require documentation and reporting of testing required for Stage I
vapor recovery systems; to correct typographical errors.
Rule 391-3-1-.02, subparagraph (2)(ss) thereof, relating to
``Gasoline Transport Vehicles and Vapor Collection Systems'' is being
amended to provide for more consistent and reproducible documentation
of all tests and repairs effected on transport vehicles regulated under
this rule.
Rule 391-3-1-.02, subparagraph (2)(zz) thereof, relating to
``Gasoline Dispensing Facilities--Stage II'' is being amended to
provide for appropriate testing in accordance with changes in the
California Air Resources Board (CARB) Stage II vapor recovery program
which the present rule references; to correct a reference to federal
onboard refueling vapor recovery (ORVR); to revise the definition of
``Approved Stage II vapor recovery system'' in accordance with the CARB
changes; to clarify the exemptions afforded to certain gasoline
facilities; to correct typographical errors.
Rule 391-3-1-.02, subparagraph (2)(ooo) thereof, relating to
``Heavy-Duty Diesel Engine Requirements'' is being added to enable EPD
to opt into the California Air Resources Board (CARB) rules for new
Heavy Duty Diesel Engines (HDDE's) pursuant to section 177 of the
Federal Clean Air Act (Act). The proposed rule would bar the sale/
[[Page 45912]]
lease or the import of any new HDDE's in Georgia that are not certified
by CARB to meet the emission standards of its HDDE rules.
Rule 391-3-1-.03, subparagraph (8)(c)6. thereof, relating to
``Permit Requirements'' is being amended to clarify the existing EPD
policy regarding offsets. This revision compliments the revision
described below to Rule 391-3-1-.03(8)(c)12.
Rule 391-3-1-.03, subparagraph (8)(c)12. thereof, relating to
``Offsets'' is being amended to eliminate a potential disagreement
between the offset requirements in Rule 391-3-1-.03(8)(c) and the
emissions reduction credits requirements in Rule 391-3-1-.03(13)(c).
Chapter 391-3-20: Rules for Enhanced Inspection and Maintenance (I/M)
Rule 391-3-20-.01, paragraphs (b), (p), (s) and (y) thereof,
relating to ``Definitions'' are being amended to modify definitions
related to enhanced emission testing.
Rule 391-3-20-.04, paragraphs (2) and (8) thereof, relating to
``Emission Inspection Procedures'' are being amended to establish
criteria for inspections of newer vehicles when On-Board Diagnostics
(OBD) testing begins; to address new fuel cap testing procedures; and
to address electronic transmission of emission tests to the Management
Contractor's database.
Rule 391-3-20-.05, paragraphs (2) and (4) thereof, relating to
``Emission Standards'' are being amended to address new fuel cap
testing procedures and to clarify the ``pass'' criteria for the OBD
system test on newer vehicles.
Rule 391-3-20-.07, paragraphs (1) and (4) thereof, relating to
``Inspection Equipment System Specifications'' are being amended to
include the requirement for station owners to procure OBD hardware and
software and to require current fuel cap adapter application guide.
Rule 391-3-20-.09, subparagraphs (2)(e) and (i) thereof, relating
to ``Inspection Station Requirements'' are being amended to clarify
requirements for inspection station owners.
Rule 391-3-20-.10, paragraph (7) thereof, relating to ``Certificate
of Authorization'' is being added to provide the Director authority to
deny an inspection station's Certificate of Authorization.
Rule 391-3-20-.11, paragraphs (1), (4) and (6) thereof, relating to
``Inspector Qualifications and Certification'' are being amended, and
paragraph (11) added to clarify the required training for the different
emission test; to update the requirements for Inspector ID cards; and
to provide the Director authority for denying an inspector's
Certificate.
Rule 391-3-20-.13, subparagraphs (1)(b), (n), (o) and (p) thereof,
relating to ``Certificate of Emissions Inspection'' are being amended
and/or added to clarify requirements.
Rule 391-3-20-.15, paragraph (2) thereof, relating to ``Repairs and
Retests'' is being amended to clarify procedures and requirements for
motorist emission repair forms.
Rule 391-3-20-.17, paragraph (2) thereof, relating to ``Waivers''
is being amended to update the repair waiver cost for test year 2002.
Rule 391-3-20-.22, subparagraph (2)(b) thereof, relating to
``Enforcement'' is being amended to establish a requirement for
relinquishing the Inspector ID cards.
III. Final Action
EPA is approving the aforementioned changes to the Georgia SIP
because they are consistent with the Clean Air Act and Agency
requirements.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 9,
2002, without further notice unless the Agency receives adverse
comments by August 12, 2002.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on September 9, 2002, and
no further action will be taken on the proposed rule. Please note that
if we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of
[[Page 45913]]
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 9, 2002. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: June 26, 2002.
Michael V. Peyton,
Acting Regional Administrator, Region 4.
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
2. a. In the table in Sec. 52.570(c), the following entries are
revised: 391-3-1-.01; 391-3-1-.02(2)(rr); 391-3-1-.02(2)(ss); 391-3-
1-.02(2)(zz); 391-3-1-.02(2)(bbb); 391-3-1-.03; 391-3-20.
b. In the table in Sec. 52.570(c), the following entries are added:
391-3-1-.02(2)(ooo)
The additions and revisions read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
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State EPA
State citation Title/subject effective approval Comments
date date
----------------------------------------------------------------------------------------------------------------
391-3-1-.01.......................... Definitions............. 12/26/01 7/11/02 .....................
* * * * * *
*
391-3-1-.02(2)(rr)................... Gasoline Dispensing 12/26/01 7/11/02
Facility--Stage 1.
391-3-1-.02(2)(ss)................... Gasoline Transport 12/26/01 7/11/02 .....................
Vehicles and Vapor
Collection Systems.
* * * * * *
*
391-3-1-.02(2)(zz)................... Gasoline Dispensing 12/26/01 7/11/02
Facilities--Stage II.
* * * * * *
*
391-3-1-.02(2)(bbb).................. Gasoline Marketing...... 7/18/01 7/11/02 .....................
* * * * * *
*
391-3-1-.02(2)(ooo).................. Heavy-Duty Diesel Engine 12/26/01 7/11/02 .....................
Requirements.
* * * * * *
*
391-3-1-.03.......................... Permits................. 12/26/01 7/11/02
* * * * * *
*
391-3-20............................. Enhanced Inspection and 12/26/01 7/11/02 .....................
Maintenance.
* * * * * *
*
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[[Page 45914]]
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[FR Doc. 02-17318 Filed 7-10-02; 8:45 am]
BILLING CODE 6560-50-P
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