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67342 Federal Register / Vol. 67, No.

214 / Tuesday, November 5, 2002 / Proposed Rules

PART 275—IMPORTATION OF as well as documents indicated in this found pursuant to law, including the
TOBACCO PRODUCTS AND preamble as being available in the Magnuson Act (50 U.S.C. 191 et seq.),
CIGARETTE PAPERS AND TUBES docket, will become part of this docket that the security of the United States is
and will be available for inspection or and continues to be endangered
Par 3. The authority citation for part copying at Marine Safety Office Miami, following the attacks (E.O. 13,273, 67 FR
275 continues to read as follows: 100 MacArthur Causeway, Miami 56215 (Sep. 3, 2002) (security
Authority: 18 U.S.C. 2342; 26 U.S.C. 5701, Beach, FL 33139 between 7:30 a.m. and endangered by disturbances in
5703, 5704, 5705, 5708, 5712, 5713, 5721, 3 p.m. Monday through Friday, except international relations of U.S and such
5722, 5723, 5741, 5754, 5761, 5762, 5763, Federal holidays. disturbances continue to endanger such
6301, 6302, 6313, 6404, 7101, 7212, 7342, FOR FURTHER INFORMATION CONTACT: relations)). Following these attacks by
7606, 7652, 7805; 31 U.S.C. 9301, 9303, 9304,
LTJG Jennifer Sadowski, Waterways well-trained and clandestine terrorists,
9306.
Management Division Officer, Coast national security and intelligence
§ 275.37 [Removed and reserved] Guard Marine Safety Office Miami, at officials have warned that future
Par. 4. Section 275.37 is removed and (305) 535–8750. terrorist attacks are likely. The Captain
reserved. SUPPLEMENTARY INFORMATION: of the Port (COTP) of Miami has
determined that there is an increased
Dated: September 16, 2002. Request for Comments
risk that subversive activity could be
Bradley A. Buckles, We encourage you to participate in launched by vessels or persons in close
Director. this rulemaking by submitting proximity to the Ports of Palm Beach,
Approved: October 25, 2002. comments and related material. If you Miami, Port Everglades, and Key West,
Timothy E. Skud, do so, please include your name and Florida. These security zones are
Deputy Assistant Secretary (Regulatory, address, identify the docket number for necessary to protect the public, ports,
Tariff, and Trade Enforcement). this rulemaking [COTP Miami-02–115], and waterways of the United States from
[FR Doc. 02–27973 Filed 11–4–02; 8:45 am] indicate the specific section of this potential subversive acts.
BILLING CODE 4810–31–P
document to which each comment
applies, and give the reason for each The Coast Guard Captain of the Port
comment. Please submit all comments of Miami established temporary security
and related material in an unbound zones in these areas following the
DEPARTMENT OF TRANSPORTATION format, no larger than 81⁄2 × 11 inches, September 11, 2001 attacks. Those
suitable for copying. If you would like temporary rules are as follows:
Coast Guard
to know they reached us, please enclose On September 11, 2001, the COTP
33 CFR Part 165 a self-addressed postcard or envelope. issued a temporary final rule (TFR) (67
We will consider all comments and FR 9194, 9195, February 28, 2002,
[COTP Miami–02–115] material received during the comment Docket # COTP Miami 01–093)
period. We may change this proposed establishing 100-yard security zones
RIN 2115–AA97
rule in view of them. around certain vessels in the Port of
Security Zones; Port of Palm Beach, Public Meeting Palm Beach, Miami, Port Everglades,
Palm Beach, FL; Port Everglades, Fort and Key West, FL, that expired
We do not now plan to hold a public September 25, 2001. On September 25,
Lauderdale, FL; Port of Miami, Miami,
meeting. But you may submit a request
FL; and Port of Key West, Key West, 2001, the COTP issued another TFR (67
for a meeting by writing to Commanding
FL FR 1101, January 9, 2002, COTP Miami
Officer, Marine Safety Office Miami at
01–115) that maintained these 100-yard
AGENCY: Coast Guard, DOT. the address under ADDRESSES explaining
security zones around certain vessels in
ACTION: Notice of proposed rule making. why one would be beneficial. If we
determine that one would aid this the Ports of Palm Beach, Miami, Port
rulemaking, we will hold one at a time Everglades, and Key West, FL, and
SUMMARY: The Coast Guard is proposing
and place announced by a later notice added a reference to specific points
to establish permanent security zones
in the Federal Register. (buoys) where moving zones were
throughout the Captain of the Port of
activated and deactivated. This second
Miami’s area of responsibility. The Background and Purpose TFR expired on June 15, 2002.
security zones are needed for national
security reasons to protect the public The terrorist attacks of September On October 7, 2001, the COTP issued
and ports from potential subversive acts. 2001 killed thousands of people and a TFR (67 FR 6652, February 13, 2002,
Entry into these zones would be heightened the need for development of COTP Miami 01–116) establishing fixed-
prohibited, unless specifically various security measures throughout security zones in Port Everglades and
authorized by the Captain of the Port, the seaports of the United States, Miami, FL, that expired June 15, 2002.
Miami, Florida, or his designated particularly around those vessels and
facilities which are frequented by On October 11, 2001, the COTP issued
representative. a TFR (67 FR 4177, January 29, 2002,
foreign nationals and maintain an
DATES: Comments and related material interest to national security. The COTP Miami 01–122) establishing a
must reach the Coast Guard on or before President has continued the national fixed-security zone for Port Everglades,
December 5, 2002. emergencies he declared following the FL, that expired June 15, 2002.
ADDRESSES: You may mail comments September 11, 2001 terrorist attacks (67 All of the above security zones were
and related material to Commanding FR 58317 (Sep. 13, 2002) (continuing extended by a TFR issued on June 13,
Officer, U.S. Coast Guard, Marine Safety national emergency with respect to 2002 (67 FR 46389, COTP Miami-02–
Office, 100 MacArthur Causeway, terrorist attacks), 67 FR 59447 (Sep. 20, 054) until December 15, 2002. That
Miami Beach, FL 33139–6940. Captain 2002) (continuing national emergency temporary final rule requested
of the Port (Miami) maintains the public with respect to persons who commit, comments. As of June 26, 2002, the
docket for this rulemaking. Comments threaten to commit or support Coast Guard has not received any
and material received from the public, terrorism)). The President also has comments on that TFR.

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Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Proposed Rules 67343

Discussion of Proposed Rule section 6(a)(3) of that Order. The Office compliance, please contact LTJG
The COTP Miami proposes to of Management and Budget has not Jennifer Sadowski at (305) 535–8750.
combine the security zones discussed reviewed it under that Order. It is not
Collection of Information
above into a permanent rule. These ‘‘significant’’ under the regulatory
policies and procedures of the This proposed rule would call for no
zones are described below in the same
Department of Transportation (DOT) (44 new collection of information under the
order as they would appear in the
FR 11040, February 26, 1979). The Coast Paperwork Reduction Act of 1995 (44
proposed regulation, 33 CFR 165.761.
Guard expects the economic impact of U.S.C. 3501–3520).
Fixed and Moving Security Zones
Around Vessels in the Ports of Palm this rule to be so minimal that a full Federalism
Beach, Port Everglades, Miami, and Key Regulatory Evaluation under paragraph
10e of the regulatory policies and A rule has implication for federalism
West—Paragraph (a)(1) of this proposed under Executive Order 13132,
rule would create 100-yard fixed and procedures of DOT is unnecessary
because we anticipate these security Federalism, if it has a substantial direct
moving security zones in the Port of effect on State or local governments and
Palm Beach, Palm Beach, FL; Port zones may only impact vessel traffic for
short periods of times. Alternate vessel would either preempt State law or
Everglades, Fort Lauderdale, FL; Port of impose a substantial direct cost of
Miami, Miami, FL; and Port of Key traffic routes have also been accounted
for to assist in minimizing delays. Also, compliance on them. We have analyzed
West, Key West, FL. These security this proposed rule under that Order and
zones would be activated when a the Captain of the Port of Miami may
allow persons or vessels to enter a have determined that it does not have
passenger vessel, a vessel carrying implications for federalism.
cargoes of particular hazard or when a security zone on a case-by-case basis.
liquefied hazardous gas (LHG) vessel as Small Entities Unfunded Mandates Reform Act
defined in 33 CFR parts 120, 126 and The Unfunded Mandates Reform Act
127 respectively, enter or moor within Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we considered of 1995 (2 U.S.C. 1531–1538) requires
one of these Ports. The security zones Federal agencies to assess the effects of
would be activated when a subject whether this proposed rule would have
a significant economic effect upon a their discretionary regulatory actions. In
vessel passes the sea buoy for inbound particular, the Act addresses actions
transits, and is deactivated when the substantial number of small entities.
The term ‘‘small entities’’ comprises that may result in the expenditure by a
vessel departs the port and passes the State, local, or tribal government, in the
sea buoy. small businesses, not-for-profit
organizations that are independently aggregate, or by the private sector of
Fixed Security Zone in the Port of $100,000,000 or more in any one year.
Miami—Paragraph (a)(2) of this owned and operated and are not
dominant in their fields, and Although this proposed rule will not
proposed rule would create a fixed result in such an expenditure, we do
security zone encompassing all waters governmental jurisdictions with
populations of less than 50,000. discuss the effects of this rule elsewhere
between the Port of Miami and in this preamble.
MacArthur Causeway. The fixed The Coast Guard certifies under 5
security zone would be activated when U.S.C. 605(b) that this proposed rule Taking of Private Property
two or more passenger vessels, vessels would not have a significant economic This proposed rule will not affect a
carrying cargoes of particular hazard, or impact on a substantial number of small taking of private property or otherwise
vessels carrying liquefied hazardous gas entities because we anticipate these have taking implications under
(LHG) as defined in 33 CFR parts 120, security zones may only impact vessel Executive Order 12630, Governmental
126, and 127 respectively, enter or moor traffic for short periods of times. Actions and Interference with
within this zone. Alternate vessel traffic routes have also Constitutionally Protected Property
Fixed Security Zones in Port been identified to assist in minimizing Rights.
Everglades—Paragraph (a)(3) of this delays. Also, the Captain of the Port of
proposed rule would create a fixed Miami may allow persons or vessels to Civil Justice Reform
security zone encompassing the waters enter a security zone on a case-by-case This proposed rule meets applicable
of the Intracoastal Waterway between basis. If you think that your business, standards in sections 3(a) and 3(b)(2) of
the northern tip of Port Everglades berth organization, or governmental Executive Order 12988, Civil Justice
22 and a point directly east across the jurisdiction qualifies as a small entity Reform, to minimize litigation,
Intracoastal Waterway; and a line drawn and that this rule would have a eliminate ambiguity, and reduce
from the corner of Port Everglades berth significant economic impact on it, burden.
29 at point easterly across the please submit a comment (see
Intracoastal Waterway to John U. Lloyd ADDRESSES) explaining why you think it Protection of Children
Beach, State Recreational Area. The qualifies and how and to what degree We have analyzed this proposed rule
fixed security zone would be activated this rule would economically affect it. under Executive Order 13045,
when a passenger vessel, a vessel Assistance for Small Entities Protection of Children from
carrying cargoes of particular hazard or Environmental Health Risks and Safety
a liquefied hazardous gas (LHG) vessel Under section 213(a) of the Small Risks. This rule is not an economically
as defined in 33 CFR parts 120, 126 and Business Regulatory Enforcement significant rule and does not create an
127 respectively, enter or moor within Fairness Act of 1996 (Public Law 104– environmental risk to health or risk to
this zone. 121), we want to assist small entities in safety that may disproportionately affect
understanding this proposed rule so that children.
Regulatory Evaluation they can better evaluate its effects on
This proposed rule is not a them and participate in the rulemaking. Environment
‘‘significant regulatory action’’ under If the rule would affect your small We have considered the
section 3(f) of Executive Order 12866 business, organization, or governmental environmental impact of this proposed
and does not require an assessment of jurisdiction and you have questions rule and concluded that, under figure 2–
potential costs and benefits under concerning its provisions or options for 1, paragraph (34)(g), of Commandant

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67344 Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Proposed Rules

Instruction M16475.1D, this rule is § 165.761 Security Zones; Port of Palm by staying on the north side of the law
categorically excluded from further Beach, Port Everglades, Port of Miami, and enforcement boats and cruise ship
environmental documentation because Port of Key West, Florida. tenders which will mark a transit lane
no environmental changes will be (a) Location. The following areas are in channel.
affected with the security zone security zones: (ii) When passenger vessels are not
implementation. A ‘‘Categorical (1) Fixed and moving security zones berthed on the Main Channel,
Exclusion Determination’’ is available in around vessels in the Ports of Palm navigation will be unrestricted. Law
the docket where indicated under Beach, Port Everglades, Miami, and Key enforcement vessels can be contacted on
West—Moving security zones are VHF Marine Band Radio, Channel 16
ADDRESSES.
established 100 yards around all (156.8 MHz).
Indian Tribal Governments passenger vessels, vessels carrying (3) Fixed security zones in the Port
cargoes of particular hazard, or vessels Everglades—A fixed security zone
This proposed rule does not have carrying liquefied hazardous gas (LHG) encompasses all waters west of an
tribal implications under Executive as defined in 33 CFR parts 120, 126 and imaginary line starting at the northern
Order 13175, Consultation and 127 respectively, during transits most point 26°05.98′ N, 080°07.15′ W,
Coordination with Indian Tribal entering or departing the Ports of Palm near the west side of the 17th Street
Governments, because it would not have Beach, Port Everglades, Miami or Key Causeway Bridge, to the southern most
a substantial direct effect on one or West, Florida. These moving security point 26°05.41′ N, 080°06.96′ W, on the
more Indian tribes, on the relationship zones are activated when the subject northern tip of pier 22. An additional
between the Federal Government and vessel passes: ‘‘LW’’ buoy, at fixed security zone encompasses the
Indian tribes, or on the distribution of approximate position 26°46.3′ N, Intracoastal Waterway between a line
power and responsibilities between the 080°00.6′ W, when entering the Port of connecting point 26°05.41′ N,
Federal Government and Indian tribes. Palm Beach, passes ‘‘PE’’ buoy, at 080°06.97′ W, on the northern tip of
We invite your comments on how this approximate position 26°05.5′ N, berth 22 and a point directly east across
rule might impact tribal governments, 080°04.8′ W, when entering Port the Intracoastal Waterway to 26°05.41′
even if that impact may not constitute Everglades; the ‘‘M’’ buoy, at N, 080°06.74′ W; and a line drawn from
a ‘‘tribal implication’’ under the Order. approximate position 25°46.1′ N, the corner of Port Everglades berth 29 at
080°05.0′ W, when entering the Port of point 26°04.72′ N, 080°06.92′ W,
Energy Effects Miami; and ‘‘KW’’ buoy, at approximate easterly across the Intracoastal
position 24°27.7′ N, 081°48.1′ W, when Waterway to John U. Lloyd Beach, State
We have analyzed this proposed rule entering the Port of Key West. Fixed Recreational Area at point 26°04.72′ N,
under Executive Order 13211, Actions security zones are established 100 yards 080°06.81′ W.
Concerning Regulations That around all passenger vessels, vessels (i) Vessels may be allowed to transit
Significantly Affect Energy Supply, carrying cargoes of particular hazard or the Intracoastal Waterway when
Distribution, or Use. We have liquefied hazardous gas (LHG) as passenger vessels or vessels carrying
determined that it is not a ‘‘significant defined in 33 CFR parts 120, 126 and cargoes of particular hazard are berthed,
energy action’’ under that order because 127 respectively, while they are docked by staying east of the law enforcement
it is not a ‘‘significant regulatory action’’ in the Ports of Palm Beach, Port boats and cruise ship tenders, which
under Executive Order 12866 and is not Everglades, Miami or Key West, Florida. will mark a transit lane in the
likely to have a significant adverse effect (2) Fixed security zone in the Port of Intracoastal Waterway.
on the supply, distribution, or use of Miami—A fixed security zone (ii) Periodically, vessels may be
energy. It has not been designated by the encompasses all waters between Watson required to temporarily hold their
Administrator of the Office of Park and Star Island on the MacArthur positions while large commercial traffic
Information and Regulatory Affairs as a Causeway south to the Port of Miami. operates in this area. Vessels in this
significant energy action. Therefore, it The western boundary is formed by an security zone must follow the orders of
does not require a Statement of Energy imaginary line from points 25°46.79′ N, the COTP or his designated
Effects under Executive Order 13211. 080°10.90′ W, to 25°46.77′ N, 080°10.92′ representative, who may be embarked in
W to 25°46.88′ N, 080°10.84′ W, and law enforcement or other vessels on
List of Subjects in 33 CFR Part 165 ending on Watson Park at 25°47.00′ N, scene. When passenger vessels are not
Harbors, Marine safety, Navigation 080°10.67′ W. The eastern boundary is berthed on the Intracoastal Waterway,
(water), Reports and recordkeeping formed by an imaginary line from the navigation will be unrestricted. Law
requirements, Security measures, traffic light located at Bridge road, in enforcement vessels can be contacted on
Waterways. approximate position 25°46.33′ N, VHF Marine Band Radio, Channel 16
080°09.12′ W, which leads to Star (156.8 MHz).
For the reasons discussed in the Island, and MacArthur Causeway (b) Regulations. (1) Prior to
preamble, the Coast Guard proposes to directly extending across the Main commencing the movement, the person
amend 33 CFR part 165 as follows: Channel to the Port of Miami, at directing the movement of a passenger
25°46.26′ N, 080°09.18′ W. The fixed vessel, a vessel carrying cargoes of
PART 165—REGULATED NAVIGATION security zone is activated when two or particular hazard or when a vessel
AREAS AND LIMITED ACCESS AREAS more passenger vessels, vessels carrying carrying liquefied hazardous gas (LHG)
cargoes of particular hazard, or vessels as defined in Title 33, Code of Federal
1. The authority citation for part 165 carrying liquefied hazardous gas (LHG) Regulations parts 120, 126 and 127
continues to read as follows: as defined in 33 CFR parts 120, 126 and respectively, are encouraged to make a
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 127 respectively, enter or moor within security broadcast on VHF Marine Band
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; this zone. Radio, Channel 13 (156.65 MHz) to
49 CFR 1.46. (i) Vessels may be allowed to transit advise mariners of the moving security
the Main Channel when only one zone activation and intended transit.
2. Add new § 165.761 to read as passenger vessel or vessel carrying (2) In accordance with the general
follows: cargoes of particular hazard are berthed, regulations § 165.33 of this part, entry

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Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Proposed Rules 67345

into these zones is prohibited except as Pollution Control District’s (ICAPCD) comments, no further activity is
authorized by the Captain of the Port portion of the California State planned. For further information, please
Miami or his designated representative. Implementation Plan (SIP). These see the direct final action.
Other vessels such as pilot boats, cruise revisions concern volatile organic Dated: September 30, 2002.
ship tenders, tug boats and contracted compound (VOC) emissions from Soil Keith Takata,
security vessels may assist the Coast Decontamination Operations, Organic
Acting Regional Administrator, Region IX.
Guard Captain of the Port under the Solvent Degreasing Operations and
direction of his designated Organic Solvents. We are proposing to [FR Doc. 02–28078 Filed 11–4–02; 8:45 am]
representative by monitoring these approve local rules to regulate these BILLING CODE 6560–50–P

zones strictly to advise mariners of the emission sources under the Clean Air
restrictions. The Captain of the Port will Act as amended in 1990 (CAA or the
ENVIRONMENTAL PROTECTION
notify the public via Marine Safety Act).
AGENCY
Radio Broadcast on VHF Marine Band DATES: Any comments on this proposal
Radio, Channel 13 (156.65 MHz) when must arrive by December 5, 2002. 40 CFR Part 52
the security zones are being enforced.
ADDRESSES: Mail comments to Andy [Region II Docket No. NJ54–246, FRL–7404–
(3) Persons desiring to enter or transit
the area of the security zone may Steckel, Rulemaking Office Chief (AIR– 1]
contact the Captain of the Port on VHF 4), U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Approval and Promulgation of
Marine Band Radio, Channel 16 (156.8
Street, San Francisco, CA 94105–3901. Implementation Plans; New Jersey;
MHz) to seek permission to transit the
You can inspect copies of the Motor Vehicle Enhanced Inspection
area. If permission is granted, all
submitted SIP revisions and EPA’s and Maintenance Program
persons and vessels must comply with
technical support documents (TSDs) at
the instructions of the Captain of the AGENCY: Environmental Protection
our Region IX office during normal
Port or his or her designated Agency (EPA).
business hours. You may also see copies
representative. ACTION: Proposed rule.
of the submitted SIP revisions at the
(4) The Captain of the Port Miami may
following locations: SUMMARY: EPA is proposing to approve
waive any of the requirements of this
subpart for any vessel upon finding that California Air Resources Board, a State Implementation Plan (SIP)
the vessel or class of vessel, operational Stationary Source Division, Rule revision submitted by New Jersey,
conditions, or other circumstances are Evaluation Section, 1001 ‘‘I’’ Street, including revisions to the State’s
such that application of this subpart is Sacramento, CA 95814. enhanced motor vehicle inspection and
unnecessary or impractical for the Imperial County APCD, 150 South 9th maintenance (I/M) program. This
purpose of port security, safety or Street, El Centro, CA 92243–2850 revision updates New Jersey’s enhanced
environmental safety. A copy of the rule may also be I/M performance standard modeling to
(c) Definition. As used in this section, available via the Internet at http:// reflect the State’s plan to extend the
cruise ship means a passenger vessel www.arb.ca.gov/drdb/drdbltxt.htm. current new vehicle inspection
greater than 100 feet in length and over Please be advised that this is not an EPA exemption from one inspection cycle (
100 gross tons that is authorized to carry website and may not contain the same 2 years) to two inspection cycles (4
more than 12 passengers for hire making version of the rule that was submitted years). This evaluation is necessary for
voyages lasting more than 24 hours, to EPA. New Jersey to demonstrate that the
except for a ferry. FOR FURTHER INFORMATION CONTACT: proposed changes to the enhanced I/M
(d) Authority. In addition to 33 U.S.C. Terry McCall, EPA Region IX, (415) program will not impact the State’s
1231 and 50 U.S.C. 191, the authority 972–3976. ability to continue to meet its enhanced
for this section includes 33 U.S.C. 1226. SUPPLEMENTARY INFORMATION: This I/M emission reduction goals for current
Dated: October 16, 2002. proposal addresses the following local and future years. EPA is proposing
rules: ICAPCD Rules 412, 413 and 417. approval of New Jersey’s plan to extend
J.A. Watson, IV,
In the Rules and Regulations section of the new car emission inspection
Captain, U.S. Coast Guard, Captain of the
this Federal Register, we are approving exemption, and the State’s supporting
Port Miami.
these local rules in a direct final action revised performance standard modeling,
[FR Doc. 02–28089 Filed 11–4–02; 8:45 am]
without prior proposal because we which demonstrates that the enhanced
BILLING CODE 4910–15–P
believe these SIP revisions are not I/M program continues to meet EPA’s
controversial. If we receive adverse low enhanced performance standard.
comments, however, we will publish a DATES: Comments must be received on
ENVIRONMENTAL PROTECTION or before December 5, 2002. Public
AGENCY timely withdrawal of the direct final
rule and address the comments in comments on this action are requested
40 CFR Part 52 subsequent action based on this and will be considered before taking
proposed rule. Please note that if we final action.
[CA242–0373b; FRL–7395–9] receive adverse comment on an ADDRESSES: All comments should be
amendment, paragraph, or section of addressed to Raymond Werner, Branch
Revisions to the California State
this rule and if that provision may be Chief, Air Programs Branch,
Implementation Plan, Imperial County
severed from the remainder of the rule, Environmental Protection Agency, 290
Air Pollution Control District
we may adopt as final those provisions Broadway, 25th Floor, New York, New
AGENCY: Environmental Protection of the rule that are not the subject of an York 10007–1866.
Agency (EPA). adverse comment. Copies of the documents relevant to
ACTION: Proposed rule. We do not plan to open a second this action are available for public
comment period, so anyone interested inspection during normal business
SUMMARY: EPA is proposing to approve in commenting should do so at this hours at the following locations:
revisions to the Imperial County Air time. If we do not receive adverse Environmental Protection Agency,

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