Unknown. Final rule

3,521 words·~16 min read·/register/2002/07/22/02-18199·

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-07-22.xml --- 67 140 Monday, July 22, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panel, 47806 02-18330 47806-47807 02-18331 Agency Agency for Toxic Substances and Disease Registry NOTICES Meetings: Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 47807 02-18359 Agricultural Agricultural Marketing Service PROPOSED RULES Onions (sweet) grown in— Washington and Oregon, 47741-47745 02-18256 NOTICES Agency information collection activities:

Proposed collection; comment request, 47761 02-18338 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service See Natural Resources Conservation Service Air Force Air Force Department NOTICES Environmental statements; notice of intent: Cape Cod Air Force Station, MA, et al.; Air Force Space Command early warning radar sites operability, 47776-47777 02-18363 Meetings: Scientific Advisory Board, 47777 02-18364 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Core State Injury Surveillance and Program Development, 47807-47810 02-18362 War-Related Mental Health and Trauma Assessment Program, 47810 02-18358 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Submission for OMB review; comment request, 47810 02-18431 47811 02-18432 47811 02-18433 Children Children and Families Administration See Refugee Resettlement Office Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Reports and guidance documents; availability, etc.: 2003 administrative and program guidance; comment request, 47776 02-18450 Customs Customs Service NOTICES Customs bonds:

Continuous bonds destroyed in New York; use or replacement, 47888-47889 02-18341 Defense Defense Department See Air Force Department See Navy Department Disability Disability Employment Policy Office NOTICES Grants and cooperative agreements; availability, etc.: Working for Freedom, Opportunity and Real Choice through Community Employment Initiative, 47844-47860 02-18424 Education Education Department RULES Elementary and secondary education: Indian Education discretionary grant programs, 47695-47701 02-18305 NOTICES Meetings:

Educational Excellence for Hispanic Americans, President's Advisory Commission, 47777 02-18335 Employment Employment and Training Administration NOTICES Adjustment assistance: Besser Co., 47863 02-18413 Coastal Lumber Co., 47863-47864 02-18416 GSI Lumonics Corp., 47864 02-18414 LM Services, 47864 02-18417 Specialty Minerals (Michigan), Inc., 47864-47865 02-18415 SPX Valves & Controls, 47865 02-18419 Adjustment assistance and NAFTA transitional adjustment assistance: NAS Interplex, Inc., et al., 47861-47862 02-18420 Trend Technologies, 47862-47863 02-18418 Agency information collection activities:

Proposed collection; comment request; correction, 47865 02-18412 NAFTA transitional adjustment assistance: Delphi Automotive Systems Corp., 47865-47866 02-18421 Exide Technologies, 47866 02-18425 Freightliner LLC, 47867 02-18422 GretagMacbeth, 47867 02-18427 Ibiden Graphite of America Corp., 47867-47868 02-18426 Joy Mining Machinery, 47868 02-18428 Whisper Jet, Inc., 47868 02-18429 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Reports and guidance documents; availability, etc.:

Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 47777-47783 02-18378 EPA Environmental Protection Agency RULES Air programs: Stratospheric ozone protection— Ozone-depleting substances; substitutes list, 47703-47721 02-18176 Air quality implementation plans; approval and promulgation; various States: California, 47701-47703 02-18398 Water supply: State Underground Injection Control Program— Wyoming; Lance Formation Aquifer exemption determination, 47721-47726 02-18410 PROPOSED RULES Air pollutants, hazardous; national emission standards:

Brick and structural clay products manufacturing and clay ceramics manufacturing, 47893-47949 02-15869 Air quality implementation plans; approval and promulgation; various States: California, 47757 02-18400 NOTICES Agency information collection activities: Submission for OMB review; comment request, 47794-47795 02-18409 Agency information collection activities: Reporting and recordkeeping requirements, 47795-47796 02-18408 Submission for OMB review; comment request, 47796-47797 02-18411 Pesticide programs:

Risk assessments; availability, etc.— Organophosphate, 47797-47798 02-18582 Reports and guidance documents; availability, etc.: Contaminated Sediments Science Plan; comment request, 47798-47800 02-18406 Superfund; response and remedial actions, proposed settlements, etc.: Valley Chemical Site, MS, 47800 02-18407 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing; correction, 47891 C2-17548 Cessna, 47679-47680 02-18199 de Havilland, 47684-47687 02-18334 Diamond Aircraft Industries GmbH, 47680-47682 02-18333 Standard provisions added and CFR part revised, 47997-48004 02-17743 Turbomeca S.A., 47682-47684 02-18203 NOTICES Airport noise compatibility program:

Noise exposure maps— Boca Raton Airport, FL, 47878-47883 02-18339 FCC Federal Communications Commission PROPOSED RULES Television stations; table of assignments: Louisiana, 47757-47758 02-18370 NOTICES Common carrier services: Smith Bagley, Inc.; eligible telecommunications carrier designation for Navajo Reservation in Utah; petition, 47800-47801 02-18350 Rulemaking proceedings; petitions filed, granted, denied, etc., 47801 02-18369 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

Arizona, 47801-47802 02-18355 47802 02-18356 Guam, 47802 02-18353 Illinois, 47802 02-18351 Indiana, 47803 02-18352 Micronesia, 47803 02-18354 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Empire District Electric Co. et al., 47788-47791 02-18344 Environmental statements; notice of intent: Hackberry LNG Terminal, LA, 47791-47793 02-18380 Hydroelectric applications, 47793-47794 02-18387 Meetings: California Independent System Operator's Comprehensive Market Redesign Proposal; stakeholders, 47794 02-18386 *Applications, hearings, determinations, etc.:* Boston Edison Co., 47783 02-18382 Buchanan Generation, LLC, 47783-47784 02-18383 Dominion Transmission Inc., 47784 02-18391 Enbridge Offshore Pipelines

(UTOS)LLC, 47784 02-18392 Enbridge Pipelines (AlaTenn), Inc., 47785 02-18390 Enbridge Pipelines (KPC), 47784-47785 02-18388 Enbridge Pipelines (Midla), Inc., 47785 02-18389 FPL Energy Marcus Hook, L.P., 47785-47786 02-18384 Maritimes & Northeast Pipeline, L.L.C., 47786 02-18394 SG Resources Mississippi, L.L.C., 47786-47787 02-18381 Texas Eastern Transmission, LP, 47787 02-18393 UGI Utilities, Inc., 47787 02-18385 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: King County, WA, 47883 02-18328 Travis County, TX, 47883-47884 02-18329 FMC Federal Maritime Commission NOTICES China; shipping restrictions; requirements and practices Comments deadline extended, 47803-47804 02-18379 Federal Railroad Federal Railroad Administration NOTICES Orders: Automatic train control and advanced civil speed enforcement system; requirements for Northeast Corridor railroads, 47884-47885 02-18346 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Permissible nonbanking activities, 47804 02-18466 Federal Transit Federal Transit Administration NOTICES Buy America waivers: Webasto Thermosystems, Inc., et al., 47885-47886 02-18347 Fish Fish and Wildlife Service RULES Endangered and threatened species: California tiger salamander; Sonoma County distinct population segment, 47726-47740 02-18456 PROPOSED RULES Endangered and threatened species: California tiger salamander; Sonoma County distinct population segment, 47758-47760 02-18451 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Melengestrol, 47687-47691 02-18367 Ractopamine, 47691-47692 02-18365 NOTICES Agency information collection activities: Proposed collection; comment request, 47811-47816 02-18318 47816-47818 02-18320 47818-47819 02-18463 47819-47820 02-18464 Reporting and recordkeeping requirements, 47820 02-18366 Submission for OMB review; comment request, 47820-47821 02-18319 47821-47823 02-18462 Food additive petitions: Intralytix, Inc., 47823 02-18465 Food Food and Nutrition Service RULES Child nutrition programs: Child and Adult Care Program— Program integrity, legislative reforms implementation to strengthen; correction, 47891 C2-15776 Forest Forest Service NOTICES Environmental statements; notice of intent: Flathead National Forest, MT, 47761-47762 02-18483 George Washington and Jefferson National Forests, VA, 47762-47764 02-17949 Santa Fe National Forest, NM, 47764-47766 02-18337 Meetings: Resource Advisory Committees— Central Idaho, 47766 02-18430 Government Government Ethics Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 47804-47806 02-18343 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 47823-47824 02-18323 47824-47825 02-18324 47825 02-18325 Housing Housing and Urban Development Department PROPOSED RULES Debarment and suspension (nonprocurement) and drug-free workplace (grants): Governmentwide requirements, 48005-48014 02-18309 Indian Indian Affairs Bureau NOTICES Meetings: No Child Left Behind Act; tribal consultation, 47827-47828 02-18460 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes: Multiemployer pension plans; refund of mistaken contributions and withdrawal liability payments, 47692-47694 02-18019 PROPOSED RULES Estate and gift taxes: Right to recover gift tax and tax consequences, 47755-47757 02-18184 NOTICES Health Insurance Portability and Accountability Act of 1996; implementation: Expatriation; individuals losing United States citizenship; quarterly list, 47889-47890 02-18326 International International Trade Administration NOTICES Antidumping: Corrosion-resistant carbon steel flat products from— Japan, 47766-47768 02-18448 47768-47772 02-18449 Labor Labor Department See Disability Employment Policy Office See Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: High School/High Tech Program, 47832-47844 02-18423 Land Land Management Bureau NOTICES Environmental statements; notice of intent: Santa Fe National Forest, NM, 47764-47766 02-18337 National Archives National Archives and Records Administration RULES Records management: Federal records disposition; correction, 47701 02-18327 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 47868 02-18568 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Northern rockfish, 47740 02-18440 NOTICES Environmental statements; notice of intent: Western North Atlantic Coast; bottlenose dolphins; take reduction plan, 47772-47773 02-18443 Ocean and coastal resource management: Marine sanctuaries— Florida Keys National Marine Sanctuary, FL; coral reef restoration activities; area to be avoided, 47773-47774 02-18446 Northwestern Hawaiian Islands National Marine Sanctuary, HI, 47774 02-18447 Permits: Marine mammals, 47774-47775 02-18441 47775-47776 02-18442 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent: Little Otter Creek Watershed, MO, 47766 02-18360 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 47777 02-18336 Nuclear Nuclear Regulatory Commission PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Dry cask independent spent fuel and monitored retrievable storage installations; siting and design; geological and seismological characteristics, 47745-47755 02-18436 NOTICES Environmental statements; availability, etc.: Nuclear Management Co., LLC, 47868-47870 02-18434 Regulatory guides; issuance, availability, and withdrawal, 47870-47871 02-18435 Pension Pension Benefit Guaranty Corporation RULES Agency decisions; administrative review: Appeals process expedited, 47694-47695 02-18373 Public Public Health Service See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.: Refugee Resettlement Program— Social services funds; State allocations; correction, 47891 C2-17027 Research Research and Special Programs Administration NOTICES Hazardous materials: Exemption applications delayed; list, 47886-47887 02-18348 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Met Investors Series Trust et al., 47872-47874 02-18403 Self-regulatory organizations; proposed rule changes: Philadelphia Stock Exchange, Inc., 47874-47876 02-18402 *Applications, hearings, determinations, etc.:* Armstrong World Industries, Inc., 47871-47872 02-18404 SBA Small Business Administration PROPOSED RULES Small business size standards: Nonmanufacturer rule; waivers— Hand and edge tools, 47755 02-18368 Social Social Security Administration NOTICES Agency information collection activities: Proposed collection and submission for OMB review; comment request, 47876-47877 02-18189 State State Department NOTICES Gifts to Federal employees from foreign governments; list, 47951-47996 02-16498 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 47825-47827 02-18357 Meetings: Mental Health, President's New Freedom Commission, 47827 02-18461 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities: Proposed collection; comment request, 47828-47829 02-18458 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 47829-47832 02-18459 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Penn Eastern Rail Lines, Inc., 47888 02-18437 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 47877-47878 02-18492 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Customs Service See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 47893-47949 02-15869 Part III State Department, 47951-47996 02-16498 Part IV Transportation Department, Federal Aviation Administration, 47997-48004 02-17743 Part V Housing and Urban Development Department, 48005-48014 02-18309 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 140 Monday, July 22, 2002 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2000-NM-388-AD; Amendment 39-12824; AD 2002-14-24] RIN 2120-AA64 Airworthiness Directives; Cessna Model 650 Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain Cessna Model 650 airplanes, that requires a one-time inspection of the side brace mechanism assemblies of the left and right main landing gears

(MLG)to detect any incorrect part number, and corrective actions if necessary. This action is necessary to prevent inadvertent disengagement of the locking mechanism of the side brace mechanism assembly, which could lead to collapse of the respective MLG, and result in a gear-up landing and possible injury to passengers and crew. This action is intended to address the identified unsafe condition. DATES: Effective August 26, 2002. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of August 26, 2002. ADDRESSES: The service information referenced in this AD may be obtained from Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Robert P. Busto, Aerospace Engineer, Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone

(316)946-4157; fax

(316)946-4407. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive

(AD)that is applicable to certain Cessna Model 650 airplanes was published in the **Federal Register** on March 28, 2002 (67 FR 14893). That action proposed to require a one-time inspection of the side brace mechanism assemblies of the left and right main landing gears

(MLG)to detect any incorrect part number, and corrective actions if necessary. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the single comment received. Support for the Proposal The commenter supports the proposed rule. Conclusion After careful review of the available data, including the comment noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed. Cost Impact There are approximately 353 Model 650 airplanes of the affected design in the worldwide fleet. The FAA estimates that 282 airplanes of U.S. registry will be affected by this AD, that it will take approximately 10 work hours per airplane to accomplish the required actions, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $169,200, or $600 per airplane. The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. Regulatory Impact The regulations adopted herein will not have a substantial direct effect 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: **2002-14-24 Cessna Aircraft Company:** Amendment 39-12824. Docket 2000-NM-388-AD. *Applicability:* Model 650 airplanes, serial numbers -0001 through -0241 inclusive, and serial numbers -7001 through -7112 inclusive; certificated in any category. Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph

(c)of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. *Compliance:* Required as indicated, unless accomplished previously. To prevent inadvertent disengagement of the locking mechanism of the side brace mechanism assembly of the left or right main landing gear (MLG), which could lead to collapse of the respective MLG, and result in gear-up landing and possible injury to passengers and crew; accomplish the following: One-Time Inspection

(a)Within 6 months after the effective date of this AD, do a one-time inspection of the side brace mechanism assemblies of the left and right MLGs to detect any incorrect part number (P/N) found installed, as specified in Cessna Service Bulletin SB650-32-47, including Cessna Service Bulletin Supplemental Data SB650-32-47, both dated August 14, 2000.

(1)If the correct part number is found installed on the left side brace mechanism assembly, P/N 6217076-201, and on the right side brace mechanism assembly, P/N 6217076-202, no further action is required by paragraph

(a)of this AD. Corrective Action

(2)If incorrect P/N 6217076-2, 6217076-4, or 6217076-9 is found installed on either the left or right side brace mechanism assembly: Prior to further flight, replace any incorrect left side brace mechanism assembly with a new, improved assembly, P/N 6217076-201; and replace any incorrect right side brace mechanism assembly with a new, improved assembly, P/N 6217076-202; per Cessna Service Bulletin SB650-32-47, including Cessna Service Bulletin Supplemental Data SB650-32-47, both dated August 14, 2000. After the replacement action, no further action is required by this AD. Spares

(b)As of the effective date of this AD, no person shall install a left or right MLG side brace mechanism assembly, P/N 6217076-2, 6217076-4, or 6217076-9, on any airplane. Alternative Methods of Compliance

(c)An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Wichita Aircraft Certification Office (ACO), FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Wichita ACO. Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Wichita ACO. Special Flight Permits

(d)Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. Incorporation by Reference

(e)The actions shall be done in accordance with Cessna Service Bulletin SB650-32-47, including Cessna Service Bulletin Supplemental Data SB650-32-47, both dated August 14, 2000. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. Effective Date

(f)This amendment becomes effective on August 26, 2002. Issued in Renton, Washington, on July 11, 2002. Lorio Liu-Nelson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 02-18199 Filed 7-19-02; 8:45 am]

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