November 3, 2008 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2008-11-03-ReaderAids
Type: Reader Aids
Date: 2008-11-03
National Diabetes Month, 2008
Document Number: E8-26355
Type: Proclamation
Date: 2008-11-03
Agency: Executive Office of the President, Presidential Documents
National American Indian Heritage Month, 2008
Document Number: E8-26351
Type: Proclamation
Date: 2008-11-03
Agency: Executive Office of the President, Presidential Documents
Farm Credit Administration Board; Regular Meeting
Document Number: E8-26258
Type: Notice
Date: 2008-11-03
Agency: Farm Credit Administration, Agencies and Commissions
Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board).
Natural Resource Damages for Hazardous Substances
Document Number: E8-26248
Type: Rule
Date: 2008-11-03
Agency: Office of the Secretary, Department of the Interior
The Department of the Interior is correcting a final rule that appeared in the Federal Register on October 2, 2008 (73 FR 57259). The document issued a final rule that will regulate restoring, replacing, or acquiring the equivalent of public natural resources that are injured or destroyed as a result of releases of hazardous substances
Sunshine Federal Register Notice
Document Number: E8-26215
Type: Notice
Date: 2008-11-03
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Draft Regulatory Guide: Granting Extension of Comment Period
Document Number: E8-26214
Type: Notice
Date: 2008-11-03
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Workforce Investment Act; Native American Employment and Training Council
Document Number: E8-26208
Type: Notice
Date: 2008-11-03
Agency: Employment and Training Administration, Department of Labor
Pursuant to Section 10 (a)(2) of the Federal Advisory Committee Act (FACA) (Pub. L. 92-463), as amended, and Section 166(h)(4) of the Workforce Investment Act (WIA) [29 U.S.C. 2911(h)(4)], notice is hereby given of the next meeting of the Native American Employment and Training Council (NAETC), as constituted under WIA.
Prohibited Service at Savings and Loan Holding Companies Extension of Expiration Date of Temporary Exemption
Document Number: E8-26181
Type: Rule
Date: 2008-11-03
Agency: Department of the Treasury, Office of Thrift Supervision, Thrift Supervision Office, Department of Treasury
OTS is revising its rules implementing section 19(e) of the Federal Deposit Insurance Act (FDIA), which prohibits any person who has been convicted of any criminal offense involving dishonesty, breach of trust, or money laundering (or who has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such an offense) from holding certain positions with respect to a savings and loan holding company (SLHC). Specifically, OTS is extending the expiration date of a temporary exemption granted to persons who held positions with respect to a SLHC as of the date of the enactment of section 19(e). The revised expiration date for the temporary exemption is March 31, 2009.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested
Document Number: E8-26178
Type: Notice
Date: 2008-11-03
Agency: Federal Communications Commission, Agencies and Commissions
As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission invites the general public and other Federal agencies to comment on the following information collection(s). Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. An agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB control number.
Elimination of Co-Payment for Weight Management Counseling
Document Number: E8-26177
Type: Rule
Date: 2008-11-03
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) published a direct final rule amending our medical regulations to designate weight management counseling (individual and group sessions) as a service that is not subject to VA's co-payment requirements. VA received no significant adverse comments concerning this rule or its companion substantially identical proposed rule published on the same date. This document confirms that the direct final rule became effective on June 16, 2008. In a companion document in this issue of the Federal Register, we are withdrawing as unnecessary that proposed rule.
Increase in Rates Payable Under the Montgomery GI Bill-Active Duty and Other Miscellaneous Issues
Document Number: E8-26176
Type: Rule
Date: 2008-11-03
Agency: Department of Veterans Affairs
This document amends regulations governing education programs the Department of Veterans Affairs (VA) administers. In accordance with statutory requirements and previously established formulas, it amends the regulations to show increases in the monthly rates of basic educational assistance payable under the Montgomery GI BillActive Duty program, an increase in the percentage payable to veterans pursuing apprenticeship or other on-job training, and a change in the formula used to calculate the entitlement charge for individuals pursuing apprenticeship or other on-job training. It also amends procedural provisions and delegations of authority regarding continuation of payments during emergency school closings. Furthermore, this document makes nonsubstantive technical changes for purposes of clarity and to remove obsolete provisions.
Presumptive Service Connection for Disease Associated With Exposure to Certain Herbicide Agents: AL Amyloidosis
Document Number: E8-26175
Type: Proposed Rule
Date: 2008-11-03
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is proposing to amend its adjudication regulations concerning presumptive service connection for a certain disease based on the most recent National Academy of Sciences (NAS) Institute of Medicine committee report, ``Veterans and Agent Orange: Update 2006 (Update 2006).'' This proposed amendment is necessary to implement a decision of the Secretary of Veterans Affairs that there is a positive association between exposure to herbicides used in the Republic of Vietnam during the Vietnam era and the subsequent development of AL amyloidosis. The intended effect of this proposed amendment is to establish presumptive service connection for AL amyloidosis based on herbicide exposure.
Elimination of Co-Payment for Weight Management Counseling
Document Number: E8-26174
Type: Proposed Rule
Date: 2008-11-03
Agency: Department of Veterans Affairs
The Department of Veterans Affairs (VA) is withdrawing VA's proposal published in the Federal Register at 73 FR 20579 on April 16, 2008, to amend our medical regulations to designate weight management counseling (individual and group sessions) as a service that is not subject to VA's co-payment requirements. VA received no significant adverse comments concerning the proposed rule or its companion substantially identical direct final rule published on the same date. In a companion document in this issue of the Federal Register, we are confirming that the direct final rule became effective on June 16, 2008. Accordingly, this document withdraws as unnecessary the proposed rule.
Disclosure of Information to Organ, Tissue and Eye Procurement Organizations
Document Number: E8-26172
Type: Rule
Date: 2008-11-03
Agency: Department of Veterans Affairs
This document adopts, with changes, a Department of Veterans Affairs (VA) interim final rule that implemented provisions of the Veterans Benefits, Health Care, and Information Technology Act of 2006 concerning disclosure of information to organ, tissue and eye procurement organizations. The regulation will provide authority for VA to provide individually-identifiable VA medical records of veterans or dependents of veterans who are deceased or whose death is imminent to representatives of organ procurement organizations, eye banks, and tissue banks to determine whether the patients are suitable potential donors. This document modifies the interim final rule to clarify the definition of ``near death'' and to correct a grammatical error in the definition of ``procurement organization.'' This document also clarifies that eye bank and tissue bank registration with FDA must have an active status.
Agency Information Collection Activities; Proposed Collection; Comment Request; General Administrative Requirements for Assistance Programs; EPA ICR No. 0938.16, OMB Control Number 2030-0020
Document Number: E8-26170
Type: Notice
Date: 2008-11-03
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq. ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on April 30, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Initiation of New Shipper Antidumping Duty Review
Document Number: E8-26169
Type: Notice
Date: 2008-11-03
Agency: Department of Commerce, International Trade Administration
On September 30, 2008, the Department of Commerce (the Department) received a request to conduct a new shipper review of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating a new shipper review of Pacific Pipe Public Company, Limited (Pacific Pipe), the exporter and producer that requested the new shipper review, for the period of review March 1, 2008 through September 30, 2008.
California Disaster # CA-00126
Document Number: E8-26167
Type: Notice
Date: 2008-11-03
Agency: Small Business Administration, Agencies and Commissions
This is a notice of an Administrative declaration of a disaster for the State of California dated 10/28/2008. Incident: Marek and Sesnon Wildland Fires. Incident Period: 10/12/2008 and continuing. Effective Date: 10/28/2008. Physical Loan Application Deadline Date: 12/29/2008. Economic Injury (EIDL) Loan Application Deadline Date: 07/28/2009.
Notice of Intent To Grant Partially Exclusive License
Document Number: E8-26165
Type: Notice
Date: 2008-11-03
Agency: National Aeronautics and Space Administration, Agencies and Commissions
This notice is issued in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant a partially exclusive license to practice the invention described and claimed in NASA Case Number LAR-15602-1 entitled ``Passive Fetal Heart Monitoring System,'' U.S. Patent Number 6,749,573; LAR-15602-2 entitled ``Method for Simultaneously Making a Plurality of Acoustic Signal Sensor Elements,'' U.S. Patent Number 6,954,971; and LAR-15990-1 entitled ``Passive Fetal Heart Monitoring System,'' U.S. Patent Number 6,551,251 to Slingshot Product Development Group, having its principal place of business in Lawrenceville, Georgia. The field of use is limited to passive fetal heart monitoring systems. The patent rights have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7.
Office of Postsecondary Education, International Education Programs Service
Document Number: E8-26164
Type: Notice
Date: 2008-11-03
Agency: Department of Education
The Department expects to hold competitions for grants under the above-referenced Title VI programs for FY 2009 and FY 2010. This notice provides information about a two-day technical assistance workshop to assist institutions of higher education interested in preparing grant applications for new awards under these programs. The International Education Programs Service staff, other Department staff, as well as guest speakers, will present information about the purpose of the Title VI programs, the selection criteria used to evaluate grant applications, data collection and performance reporting requirements, evaluation, the peer review process, submitting applications on the Grants.gov Apply site, guidance for preparing the application narrative and budget, competition priorities, if any, and other technical assistance topics. Although the Department has not yet announced application deadline dates in the Federal Register, the Department is conducting this workshop to provide potential applicants with information they will need for preparing grant applications for competitions we expect to conduct for FY 2009 and FY 2010 new awards. Specific requirements for these competitions will be published in separate Federal Register notices. This notice announces the technical assistance workshop only.
Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested
Document Number: E8-26163
Type: Notice
Date: 2008-11-03
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Subject to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Agency Emergency Processing Under Office of Management and Budget Review; Implementation of the Animal Generic Drug User Fee Act of 2008; User Fee Cover Sheet Form FDA 3728
Document Number: E8-26162
Type: Notice
Date: 2008-11-03
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for emergency processing under the Paperwork Reduction Act of 1995 (the PRA). The proposed collection of information concerns the burden hours required for the Animal Generic Drug User Fee Cover Sheet, Form FDA 3728 and the timeframe requirement under the Animal Generic Drug User Fee Act of 2008 (AGDUFA) (21 U.S.C. 379j-21) for implementing the new user fee cover sheet Form FDA 3728.
Initiation of Five-year (“Sunset”) Review
Document Number: E8-26160
Type: Notice
Date: 2008-11-03
Agency: Department of Commerce, International Trade Administration
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-year Review which covers the same orders.
Sea Turtle Conservation; Shrimp Trawling Requirements
Document Number: E8-26159
Type: Rule
Date: 2008-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishermen to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in state and Federal waters off Louisiana from the western end of Timbalier Island (approximately 90[deg] 33' W. long.) eastward to the Plaquemines/Jefferson Parish line (approximately 89[deg] 54' W. long.), and extending offshore 15 nautical miles. The previous 30-day exemption from TED requirements was effective September 26 through October 26, 2008. This action is necessary because environmental conditions resulting from Hurricanes Gustav and Ike persist on the fishing grounds, preventing some fishermen from using TEDs effectively.
Certain Hot-Rolled Carbon Steel Flat Products from India: Notice of Rescission, in Part, of Antidumping Duty Administrative Review
Document Number: E8-26158
Type: Notice
Date: 2008-11-03
Agency: Department of Commerce, International Trade Admnistration, International Trade Administration
Texas Disaster Number TX-00312
Document Number: E8-26157
Type: Notice
Date: 2008-11-03
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Texas (FEMA- 1791-DR), dated 09/13/2008. Incident: Hurricane Ike. Incident Period: 09/07/2008 through 10/02/2008.
Atlantic Highly Migratory Species (HMS); Atlantic Shark Management Measures; Research Fishery
Document Number: E8-26156
Type: Notice
Date: 2008-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces its request for applications for the 2009 shark research fishery from commercial shark fishermen with a directed or incidental permit. The shark research fishery allows for the collection of fishery-dependent data for future stock assessments while also allowing NMFS and commercial fishermen to conduct cooperative research to meet the shark research objectives for the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. Commercial vessels not participating in the shark research fishery may only land non-sandbar LCS, SCS, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered. Generally, these permits will be valid through December 31, 2009, unless otherwise specified, subject to the terms and conditions of individual permits.
Endangered and Threatened Wildlife and Plants: Proposed Rulemaking to Designate Critical Habitat for the Threatened Southern Distinct Population Segment of North American Green Sturgeon
Document Number: E8-26155
Type: Proposed Rule
Date: 2008-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This notice extends for 45 days the public comment period on a proposed rule to designate critical habitat for the threatened Southern Distinct Population Segment of North American green sturgeon, as published on September 8, 2008, and corrected on October 7, 2008.
Notification of U.S. Fish Quotas and an Effort Allocation in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area
Document Number: E8-26154
Type: Notice
Date: 2008-11-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that fish quotas and an effort allocation are available for harvest by U.S. fishermen in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make available to U.S. fishermen a fishing privilege on an equitable basis.
Migratory Bird Hunting; Hunting Methods for Resident Canada Geese
Document Number: E8-26153
Type: Rule
Date: 2008-11-03
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or ``we'') is amending the regulations on resident Canada goose management. This final rule clarifies the requirements for use of expanded hunting methods during special September hunting seasons. One requirement in the regulations has been misinterpreted, and we are taking this action to make sure that our regulations are clear for the States and the public.
Kentucky Disaster Number KY-00017
Document Number: E8-26152
Type: Notice
Date: 2008-11-03
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the Commonwealth of Kentucky (FEMA-1802-DR), dated 10/09/2008. Incident: Severe wind storm associated with Tropical Depression Ike. Incident Period: 09/14/2008 through 09/15/2008. Effective Date: 10/21/2008. Physical Loan Application Deadline Date: 12/08/2008. Economic Injury (EIDL) Loan Application Deadline Date: 07/09/2009.
Indiana Disaster Number IN-00027
Document Number: E8-26151
Type: Notice
Date: 2008-11-03
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Indiana (FEMA-1795-DR), dated 09/23/2008. Incident: Severe storms and flooding. Incident Period: 09/12/2008 through 10/06/2008. Effective Date: 10/24/2008. Physical Loan Application Deadline Date: 11/24/2008. Economic Injury (EIDL) Loan Application Deadline Date: 06/23/2009.
Oklahoma Disaster Number OK-00025
Document Number: E8-26150
Type: Notice
Date: 2008-11-03
Agency: Small Business Administration, Agencies and Commissions
This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Oklahoma (FEMA-1803-DR), dated 10/09/2008. Incident: Severe Storms, Tornadoes, and Flooding. Incident Period: 09/12/2008 through 09/19/2008. Effective Date: 10/24/2008. Physical Loan Application Deadline Date: 12/08/2008. Economic Injury (EIDL) Loan Application Deadline Date: 07/09/2009.
Sixty-Third Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments
Document Number: E8-26148
Type: Notice
Date: 2008-11-03
Agency: Environmental Protection Agency
The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its 63\rd\ Report to the Administrator of the EPA on October 7, 2008. In the 63\rd\ ITC report, which is included with this notice, the ITC is revising the TSCA section 4(e) Priority Testing List by removing 1 tungsten compound and 1 High Production Volume (HPV) Challenge Program orphan chemical.
Manufacturer of Controlled Substances; Notice of Application
Document Number: E8-26145
Type: Notice
Date: 2008-11-03
Agency: Drug Enforcement Administration, Department of Justice
Federal Advisory Committee Act; Standards Board Charter Renewal
Document Number: E8-26144
Type: Notice
Date: 2008-11-03
Agency: Election Assistance Commission, Agencies and Commissions
In accordance with the Federal Advisory Committee Act (Pub. L. 92-463), the purpose of this notice is to announce that the Election Assistance Commission (EAC) has renewed the charter for the Standards Board for a two-year period through October 27, 2010. The Standards Board is a Federal advisory committee under the Federal Advisory Committee Act.
Medicare Program; Home Health Prospective Payment System Rate Update for Calendar Year 2009
Document Number: E8-26142
Type: Notice
Date: 2008-11-03
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This notice sets forth an update to the 60-day national episode rates and the national per-visit amounts under the Medicare prospective payment system for home health services, effective on January 1, 2009.
Nonforeign Area Cost-of-Living Allowance Rates; Alaska
Document Number: E8-26141
Type: Rule
Date: 2008-11-03
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The U.S. Office of Personnel Management (OPM) is reducing the cost-of-living allowance (COLA) rates received by certain white-collar Federal and U.S. Postal Service employees in Anchorage, Fairbanks, and Juneau, Alaska. The rate reductions are the result of living-cost surveys conducted by OPM in Alaska and the Washington, DC area in 2006. Based on the survey results, OPM is reducing the COLA rates for Anchorage, Fairbanks, and Juneau from 24 percent to 23 percent. OPM is also issuing a minor clarification regarding the Alaska COLA area boundaries to make clear the 50-mile area radius is by the shortest route using paved roads.
Addition of Russia and Azerbaijan to the List of Regions Where African Swine Fever Exists
Document Number: E8-26140
Type: Rule
Date: 2008-11-03
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are amending the regulations concerning the importation of animals and animal products by adding Russia and Azerbaijan to the list of regions where African swine fever exists. We are taking this action because outbreaks of African swine fever have been detected in Russia and Azerbaijan. This action will restrict the importation of pork and pork products into the United States from Russia and Azerbaijan and is necessary to prevent the introduction of African swine fever into the United States.
Vaccines and Related Biological Products Advisory Committee; Notice of Meeting
Document Number: E8-26139
Type: Notice
Date: 2008-11-03
Agency: Food and Drug Administration, Department of Health and Human Services
Agency Information Collection Extension; Correction
Document Number: E8-26138
Type: Notice
Date: 2008-11-03
Agency: Department of Energy
The Department of Energy (DOE) published a document in the Federal Register of September 18, 2008, announcing the submission of an information request to the OMB for the Foreign Travel Management System (FTMS). This document corrects errors in that notice.
Sam Rayburn Dam Power Rate
Document Number: E8-26137
Type: Notice
Date: 2008-11-03
Agency: Department of Energy, Southwestern Power Administration
The Administrator, Southwestern Power Administration (Southwestern), has prepared Current and Revised 2008 Power Repayment Studies that show the need for an increase in annual revenues to meet cost recovery criteria. Such increased revenues are required primarily due to increases in U.S. Army Corps of Engineers' operations and maintenance estimates. The Administrator has developed a proposed Sam Rayburn Dam rate schedule, which is supported by a power repayment study, to recover the required revenues. Beginning January 1, 2009, the proposed rates would increase annual revenues approximately 14.3 percent from $3,456,696 to $3,949,872.
Notice of a Change in Status of an Extended Benefit (EB) Period for Rhode Island
Document Number: E8-26136
Type: Notice
Date: 2008-11-03
Agency: Employment and Training Administration, Department of Labor
This notice announces a change in benefit period eligibility under the EB Program for Rhode Island. The following change has occurred since the publication of the last notice regarding the State's EB status: Effective October 21, 2008, Rhode Island's 3-month seasonally adjusted total unemployment rate rose to 8.4 percent, exceeding the 8 percent threshold. This causes the State to be triggered ``on'' to a high unemployment period (HUP) in the EB program period beginning November 9, 2008.
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