Changes in Flood Elevation Determinations, 30643-30645 [05-10615]

Download as PDF Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area and has fewer than 100 beds. We are not preparing an analysis for section 1102(b) of the Act because we have determined that this rule will not have a significant impact on the operations of a substantial number of small rural hospitals. Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule that may result in expenditure in any 1 year by State, local, or tribal governments, in the aggregate, or by the private sector, of $110 million. This rule will have no consequential effect on the governments mentioned or on the private sector. Executive Order 13132 establishes certain requirements that an agency must meet when it publishes a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. Since this regulation does not impose any costs on State or local governments, the requirements of E.O. 13132 are not applicable. In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget. List of Subjects in 42 CFR Part 413 Health facilities, Kidney diseases, Medicare, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services amends 42 CFR chapter IV, as set forth below: I PART 413—PRINCIPLES OF REASONABLE COST REIMBURSEMENT; PAYMENT FOR END-STAGE RENAL DISEASE SERVICES; PROSPECTIVELY DETERMINED PAYMENT RATES FOR SKILLED NURSING FACILITIES 1. The authority citation for part 413 continues to read as follows: I Authority: Secs. 1102, 1812(d), 1814(b), 1815, 1833(a), (i), and (n), 1871, 1881, 1883 and 1886 of the Social Security Act (42 U.S.C. 1302, 1395dd(d), 1395f(b), 1395g, 1395l(a), (i) and (n), 1395hh, 1395rr, 1395tt, and 1395ww). VerDate jul<14>2003 19:56 May 26, 2005 Jkt 205001 Subpart B—Accounting Records and Reports I I I 2. Section 413.24 is amended by— A. Revising paragraph (f)(4)(ii). B. Revising paragraph (f)(4)(iv). The revisions read as follows: § 413.24 finding. Adequate cost data and cost * * * * * (f) * * * (4) * * * (i) * * * (ii) Effective for cost reporting periods beginning on or after October 1, 1989 for hospitals, cost reporting periods ending on or after December 31, 1996 for skilled nursing facilities and home health agencies, cost reporting periods ending on or after December 31, 2004 for hospices, and end-stage renal disease facilities, and cost reporting periods ending on or after March 31, 2005 for organ procurement organizations, rural health clinics, Federally qualified health centers, and community mental health centers, a provider is required to submit cost reports in a standardized electronic format. The provider’s electronic program must be capable of producing the CMS standardized output file in a form that can be read by the fiscal intermediary’s automated system. This electronic file, which must contain the input data required to complete the cost report and to pass specified edits, must be forwarded to the fiscal intermediary for processing through its system. * * * * * (iv) Effective for cost reporting periods ending on or after September 30, 1994 for hospitals, cost reporting periods ending on or after December 31, 1996 for skilled nursing facilities and home health agencies, cost reporting periods ending on or after December 31, 2004 for hospices and end-stage renal disease facilities, and cost reporting periods ending on or after March 31, 2005 for organ procurement organizations, rural health clinics, Federally qualified health centers, and community mental health centers, a provider must submit a hard copy of a settlement summary, a statement of certain worksheet totals found within the electronic file, and a statement signed by its administrator or chief financial officer certifying the accuracy of the electronic file or the manually prepared cost report. During a transition period (first two cost-reporting periods on or after December 31, 2004 for hospices and end-stage renal disease facilities, and the first two costreporting periods on or after March 31, 2005 for organ procurement organizations, rural health clinics, PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 30643 Federally qualified health centers, community mental health centers) providers must submit a hard copy of the completed cost report forms in addition to the electronic file. The following statement must immediately precede the dated signature of the provider’s administrator or chief financial officer: I hereby certify that I have read the above certification statement and that I have examined the accompanying electronically filed or manually submitted cost report and the Balance Sheet Statement of Revenue and Expenses prepared by _____ (Provider Name(s) and Number(s)) for the cost reporting period beginning ___ and ending ___ and that to the best of my knowledge and belief, this report and statement are true, correct, complete and prepared from the books and records of the provider in accordance with applicable instructions, except as noted. I further certify that I am familiar with the laws and regulations regarding the provision of health care services, and that the services identified in this cost report were provided in compliance with such laws and regulations. * * * * * (Catalog of Federal Domestic Assistance; Program No. 93.774, Medicare— Supplementary Medical Insurance Program) Dated: April 14, 2005. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. Approved: May 3, 2005. Michael O. Leavitt, Secretary. [FR Doc. 05–10570 Filed 5–26–05; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA–D–7569] Changes in Flood Elevation Determinations Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Interim rule. AGENCY: SUMMARY: This interim rule lists communities where modification of the Base (1% annual chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be E:\FR\FM\27MYR1.SGM 27MYR1 30644 Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations calculated from the modified BFEs for new buildings and their contents. DATES: These modified BFEs are currently in effect on the dates listed in the table and revise the Flood Insurance Rate Map(s) (FIRMs) in effect prior to this determination for each listed community. From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety (90) days in which to request through the community that the Director reconsider the changes. The modified elevations may be changed during the 90-day period. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646–2903. SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided. Any request for reconsideration must be based upon knowledge of changed conditions, or upon new scientific or technical data. The modifications are made pursuant to Section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, State and county Location and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR Part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified elevations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, state or regional entities. The changes in BFEs are in accordance with 44 CFR 65.4. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because Flood insurance, floodplains, reporting and recordkeeping requirements. I Accordingly, 44 CFR Part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for Part 65 continues to read as follows: I Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as shown below: I Chief executive officer of community Effective date of modification Mr. Bruce A. Loucks, Charlotte County Administrator, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida 33948. The Honorable Robert Young, Mayor of the City of Augusta, City-County Building, 530 Greene Street, Augusta, Georgia 30911. Mr. William G. Hinchey, Chatham Town Manager, 549 Main Street, Chatham, Massachusetts 02633. The Honorable R. T. Ryback, Mayor of the City of Minneapolis, Minneapolis City Hall, 350 South Fifth Street, Room 331, Minneapolis, Minnesota 55415. Mr. Steven Stewart, Carrboro Town Manager, 301 West Main Street, Carrboro, North Carolina 27510. January 20, 2005 ...... 120061 F May 19, 2005 ............ 130159 January 27, 2005 ...... 250004 D January 11, 2005 ...... 270172 E July 13, 2004 ............. 370275 B Unincorporated Areas. January 27, 2005; February 3, 2005; Sun Herald. Georgia: Richmond. City of Augusta .. February 10, 2005; February 17, 2005; The Augusta Chronicle. Massachusetts: Barnstable. Town of Chatham. February 3, 2005; February 10, 2005; Cape Cod Times. Minnesota: Hennepin. City of Minneapolis. January 21, 2005; January 28, 2005; Star-Tribune. North Carolina: Orange. Town of Carrboro. July 20, 2004; July 27, 2004; Chapel Hill Herald. 19:56 May 26, 2005 List of Subjects in 44 CFR Part 65 Dates and name of newspaper where notice was published Florida: Charlotte VerDate jul<14>2003 modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared. Regulatory Classification. This interim rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 12612, Federalism. This rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987. Executive Order 12778, Civil Justice Reform. This rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778. Jkt 205001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\27MYR1.SGM 27MYR1 Community number Federal Register / Vol. 70, No. 102 / Friday, May 27, 2005 / Rules and Regulations State and county Location Dates and name of newspaper where notice was published Chief executive officer of community Effective date of modification March 10, 2005; March 17, 2005; The Gettysburg Times and The Hanover Evening Sun. February 3, 2005; February 10, 2005; The Post and Courier. Mr. Donald F. Poist, Supervisor of the Township of Oxford, Municipal Building, P.O. Box 86, New Oxford, Pennsylvania 17350. Mr. Jim Rozier, Chairman of the Berkeley, County Council, 223 North Live Oak Drive, Moncks Corner, South Carolina 29461. The Honorable Michael J. Heitzler, Mayor of the City of Goose Creek, 519 North Goose Creek Boulevard, Goose Creek, South Carolina 29445. Mr. T. Cary McSwain, Richland County Administrator, 2020 Hampton Street, Room 4058, P.O. Box 192, Columbia, South Carolina 29202. Mr. Jim Hatfield, President of the Mingo Board of Commissioners, P.O. Box 1197, Williamson, West Virginia 25661. Mr. Herman R. Davis, President of the Wyoming, County Commission, P.O. Box 309, Pineville, West Virginia 24874–0309. June 16, 2005 ........... 420003 B May 12, 2005 ............ 450029 D May 12, 2005 ............ 450206 D March 16, 2005 ......... 450170 G November 16, 2004 ... 540133 C May 25, 2005 ............ 540217 B Pennsylvania: Adams. Township of Oxford. South Carolina: Berkeley. Unincorporated Areas. South Carolina: Berkeley. City of Goose Creek. February 3, 2005; February 10, 2005; The Post and Courier. South Carolina: Richland. Unincorporated Areas. December 9, 2004; December 16, 2004; The State. West Virginia: Mingo. Unincorporated Areas. February 28, 2005; March 7, 2005; The Williamson Daily News. West Virginia: Wyoming. Unincorporated Areas. February 16, 2005; February 23, 2005; The Independent Herald. (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: May 18, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–10615 Filed 5–26–05; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Final rule. AGENCY: SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). VerDate jul<14>2003 19:56 May 26, 2005 30645 Jkt 205001 The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard Identification Section, Emergency Preparedness and Response Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646–2903. SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of the Emergency Preparedness and Response Directorate, has resolved any appeals resulting from this notification. This final rule is issued in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR Part 67. The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR Part 60. EFFECTIVE DATES: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 Community number Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because final or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 12612, Federalism. This rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987. E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Rules and Regulations]
[Pages 30643-30645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10615]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-D-7569]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: This interim rule lists communities where modification of the
Base (1% annual chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be

[[Page 30644]]

calculated from the modified BFEs for new buildings and their contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table and revise the Flood Insurance Rate Map(s) (FIRMs) in
effect prior to this determination for each listed community.
From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Director reconsider the
changes. The modified elevations may be changed during the 90-day
period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Doug Bellomo, P.E., Hazard
Identification Section, Emergency Preparedness and Response
Directorate, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-
2903.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
Any request for reconsideration must be based upon knowledge of
changed conditions, or upon new scientific or technical data.
The modifications are made pursuant to Section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR Part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
These modified elevations, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by other
Federal, state or regional entities.
The changes in BFEs are in accordance with 44 CFR 65.4.
National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Consideration. No environmental impact assessment has been prepared.
Regulatory Flexibility Act. The Mitigation Division Director of the
Emergency Preparedness and Response Directorate certifies that this
rule is exempt from the requirements of the Regulatory Flexibility Act
because modified BFEs are required by the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4105, and are required to maintain community
eligibility in the NFIP. No regulatory flexibility analysis has been
prepared.
Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of Section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Executive Order 12612, Federalism. This rule involves no policies
that have federalism implications under Executive Order 12612,
Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform. This rule meets the
applicable standards of Section 2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, floodplains, reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR Part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for Part 65 continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec. 65.4 [Amended]

0
2. The tables published under the authority of Sec. 65.4 are amended
as shown below:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates and name of
State and county Location newspaper where Chief executive officer Effective date of modification Community
notice was published of community number
--------------------------------------------------------------------------------------------------------------------------------------------------------
Florida: Charlotte............... Unincorporated Areas January 27, 2005; Mr. Bruce A. Loucks, January 20, 2005.............. 120061 F
February 3, 2005; Charlotte County
Sun Herald. Administrator, Charlotte
County Administration
Building, 18500 Murdock
Circle, Port Charlotte,
Florida 33948.
Georgia: Richmond................ City of Augusta..... February 10, 2005; The Honorable Robert May 19, 2005.................. 130159
February 17, 2005; Young, Mayor of the City
The Augusta of Augusta, City-County
Chronicle. Building, 530 Greene
Street, Augusta, Georgia
30911.
Massachusetts: Barnstable........ Town of Chatham..... February 3, 2005; Mr. William G. Hinchey, January 27, 2005.............. 250004 D
February 10, 2005; Chatham Town Manager,
Cape Cod Times. 549 Main Street,
Chatham, Massachusetts
02633.
Minnesota: Hennepin.............. City of Minneapolis. January 21, 2005; The Honorable R. T. January 11, 2005.............. 270172 E
January 28, 2005; Ryback, Mayor of the
Star-Tribune. City of Minneapolis,
Minneapolis City Hall,
350 South Fifth Street,
Room 331, Minneapolis,
Minnesota 55415.
North Carolina: Orange........... Town of Carrboro.... July 20, 2004; July Mr. Steven Stewart, July 13, 2004................. 370275 B
27, 2004; Chapel Carrboro Town Manager,
Hill Herald. 301 West Main Street,
Carrboro, North Carolina
27510.

[[Page 30645]]

Pennsylvania: Adams.............. Township of Oxford.. March 10, 2005; Mr. Donald F. Poist, June 16, 2005................. 420003 B
March 17, 2005; The Supervisor of the
Gettysburg Times Township of Oxford,
and The Hanover Municipal Building, P.O.
Evening Sun. Box 86, New Oxford,
Pennsylvania 17350.
South Carolina: Berkeley......... Unincorporated Areas February 3, 2005; Mr. Jim Rozier, Chairman May 12, 2005.................. 450029 D
February 10, 2005; of the Berkeley, County
The Post and Council, 223 North Live
Courier. Oak Drive, Moncks
Corner, South Carolina
29461.
South Carolina: Berkeley......... City of Goose Creek. February 3, 2005; The Honorable Michael J. May 12, 2005.................. 450206 D
February 10, 2005; Heitzler, Mayor of the
The Post and City of Goose Creek, 519
Courier. North Goose Creek
Boulevard, Goose Creek,
South Carolina 29445.
South Carolina: Richland......... Unincorporated Areas December 9, 2004; Mr. T. Cary McSwain, March 16, 2005................ 450170 G
December 16, 2004; Richland County
The State. Administrator, 2020
Hampton Street, Room
4058, P.O. Box 192,
Columbia, South Carolina
29202.
West Virginia: Mingo............. Unincorporated Areas February 28, 2005; Mr. Jim Hatfield, November 16, 2004............. 540133 C
March 7, 2005; The President of the Mingo
Williamson Daily Board of Commissioners,
News. P.O. Box 1197,
Williamson, West
Virginia 25661.
West Virginia: Wyoming........... Unincorporated Areas February 16, 2005; Mr. Herman R. Davis, May 25, 2005.................. 540217 B
February 23, 2005; President of the
The Independent Wyoming, County
Herald. Commission, P.O. Box
309, Pineville, West
Virginia 24874-0309.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Dated: May 18, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-10615 Filed 5-26-05; 8:45 am]
BILLING CODE 9110-12-P

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