March 4, 2013 – Federal Register Recent Federal Regulation Documents

DOE/NSF High Energy Physics Advisory Panel: Correction
Document Number: 2013-04876
Type: Notice
Date: 2013-03-04
Agency: Department of Energy
On February 14, 2013, the Department of Energy (DOE) published a notice of open meeting for the DOE/NSF High Energy Physics Advisory Panel to be held on March 11-12, 2013. This document makes a correction to that notice.
Environmental Management Site-Specific Advisory Board, Savannah River Site
Document Number: 2013-04875
Type: Notice
Date: 2013-03-04
Agency: Department of Energy
This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Savannah River Site. The Federal Advisory Committee Act requires that public notice of this meeting be announced in the Federal Register.
Current List of Laboratories and Instrumented Initial Testing Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies
Document Number: 2013-04874
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, Substance Abuse and Mental Health Services Administration
The Department of Health and Human Services (HHS) notifies Federal agencies of the Laboratories and Instrumented Initial Testing Facilities (IITF) currently certified to meet the standards of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 (53 FR 11970), and subsequently revised in the Federal Register on June 9, 1994 (59 FR 29908); September 30, 1997 (62 FR 51118); April 13, 2004 (69 FR 19644); November 25, 2008 (73 FR 71858); December 10, 2008 (73 FR 75122); and on April 30, 2010 (75 FR 22809). A notice listing all currently certified Laboratories and Instrumented Initial Testing Facilities (IITF) is published in the Federal Register during the first week of each month. If any Laboratory/IITF's certification is suspended or revoked, the Laboratory/IITF will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines. If any Laboratory/IITF has withdrawn from the HHS National Laboratory Certification Program (NLCP) during the past month, it will be listed at the end and will be omitted from the monthly listing thereafter. This notice is also available on the Internet at https:// www.workplace.samhsa.gov and https://www.drugfreeworkplace.gov.
Agency Information Collection Activities: Proposed Collection; Comments Requested: Identification of Explosive Materials
Document Number: 2013-04872
Type: Notice
Date: 2013-03-04
Agency: Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
Pulse Oximeters-Premarket Notification Submissions [510(k)s]; Guidance for Industry and Food and Drug Administration Staff; Availability
Document Number: 2013-04870
Type: Notice
Date: 2013-03-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Pulse OximetersPremarket Notification Submissions [510(k)s].'' This guidance document pertains to non-invasive pulse oximeters intended for prescription use to measure arterial blood oxygen saturation (SpO2) and pulse rate. This document supersedes the General Guidance Document entitled ``Device: Non-Invasive Pulse Oximeter'' issued on September 7, 1992, and represents the Agency's current thinking in regards to information that should be included in a premarket submission for a non-invasive pulse oximeter.
Use of Materials Derived From Cattle in Human Food and Cosmetics; Reopening of the Comment Period
Document Number: 2013-04869
Type: Rule
Date: 2013-03-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA or ``we'') is reopening the comment period for the interim final rule entitled ``Use of Materials Derived From Cattle in Human Food and Cosmetics'' that published in the Federal Register of July 14, 2004 (69 FR 42256). The interim final rule prohibited the use of certain cattle material to address the potential risk of bovine spongiform encephalopathy (BSE) in human food, including dietary supplements, and cosmetics. In the Federal Register of September 7, 2005 (70 FR 53063), we amended the interim final rule to make changes, including providing that the small intestine of cattle, formerly prohibited cattle material, could be used in human food and cosmetics if the distal ileum was removed by a specified procedure or one that the establishment could demonstrate is equally effective in ensuring complete removal of the distal ileum. Since 2005, peer-reviewed studies have been published showing the presence of infectivity in the proximal ileum, jejunum, ileocecal junction, and colon of cattle with BSE. Therefore, we are reopening the comment period for the interim final rule to give interested parties an opportunity to comment on the new studies concerning infectivity in parts of the small intestine other than the distal ileum.
Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance
Document Number: 2013-04868
Type: Notice
Date: 2013-03-04
Agency: Department of Commerce, Economic Development Administration
Legal Processes
Document Number: 2013-04867
Type: Notice
Date: 2013-03-04
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Vessel Documentation Renewal Fees
Document Number: 2013-04866
Type: Proposed Rule
Date: 2013-03-04
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to amend its regulations to separately list an annual fee for renewals of endorsements upon the Certificate of Documentation. The Coast Guard is required to establish user fees for services related to the documentation of vessels. This proposed rule would separately list a fee of $26 to cover the current costs of the vessel documentation services provided by the Coast Guard.
Committee Name: Homeland Security Academic Advisory Council
Document Number: 2013-04861
Type: Notice
Date: 2013-03-04
Agency: Department of Homeland Security
The Homeland Security Academic Advisory Council (HSAAC) will meet on March 20, 2013 in Washington, DC. The meeting will be open to the public.
Public Availability of Equal Employment Opportunity Commission (EEOC) FY 2012 Service Contract Inventory
Document Number: 2013-04860
Type: Notice
Date: 2013-03-04
Agency: Equal Employment Opportunity Commission, Agencies and Commissions
In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Pub. L. 111-117), Equal Employment Opportunity Commission is publishing this notice to advise the public of the availability of the FY 2012 Service Contract inventory. This inventory provides information on service contract actions over $25,000 that were made in FY 2012. The information is organized by function to show how contracted resources are distributed throughout the agency. The inventory has been developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at https://www.whitehouse.gov/omb/procurement- service-contract-inventories. The Equal Employment Opportunity Commission has posted its inventory and a summary of the inventory on the EEOC homepage at the following link: https://www.eeoc.gov/eeoc/ doingbusiness/index.cfm.
Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Flight Envelope Protection: Pitch and Roll Limiting Functions
Document Number: 2013-04855
Type: Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Embraer S.A. Model EMB-550 airplane. This airplane will have a novel or unusual design feature associated with pitch and roll limiting functions, specifically an electronic flight control system which contains fly-by-wire control laws, including envelope protections. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Special Conditions: Embraer S.A., Model EMB-550 Airplanes; Electrical/Electronic Equipment Bay Fire Detection and Smoke Penetration
Document Number: 2013-04854
Type: Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
These special conditions are issued for the Embraer S.A. Model EMB-550 airplane. This airplane will have novel or unusual design features, specifically distributed electrical and electronic equipment bays in pressurized areas of the airplane. Older transport category airplane electrical/electronic equipment bay installations are located in the lower lobe where the flight crew could determine the origin of smoke or fire by a straightforward airplane flight manual procedure. In distributed electrical/electronic bay installations it is not as straightforward. The FAA has no requirement for smoke and/or fire detection in the electrical/electronic equipment bays. To ensure effective mitigation of fires, the FAA proposes these special conditions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.
Center for Scientific Review; Notice of Closed Meetings
Document Number: 2013-04853
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, National Institutes of Health
Center for Scientific Review; Notice of Closed Meeting
Document Number: 2013-04852
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, National Institutes of Health
Center for Scientific Review; Amended Notice of Meeting
Document Number: 2013-04851
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, National Institutes of Health
National Cancer Institute; Notice of Closed Meeting
Document Number: 2013-04850
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, National Institutes of Health
National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting
Document Number: 2013-04849
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, National Institutes of Health
Eunice Kennedy Shriver National Institute of Child Health & Human Development; Notice of Closed Meeting
Document Number: 2013-04847
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, National Institutes of Health
National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meeting
Document Number: 2013-04846
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, National Institutes of Health
National Institute of Nursing Research; Notice of Closed Meeting
Document Number: 2013-04845
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, National Institutes of Health
Financial Market Utilities
Document Number: 2013-04841
Type: Proposed Rule
Date: 2013-03-04
Agency: Federal Reserve System, Agencies and Commissions
Section 806(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act'' or ``Act'') permits the Board of Governors of the Federal Reserve System (the ``Board'') to authorize a Federal Reserve Bank to establish and maintain an account for, and through the account provide certain financial services to, financial market utilities (``FMUs'') that are designated as systemically important by the Financial Stability Oversight Council (the ``Council''). In addition, section 806(c) of the Dodd-Frank Act permits a Reserve Bank to pay interest on the balances maintained by or on behalf of a designated FMU. The Board is proposing to add two new sections to Part 234 of Title 12 of the Code of Federal Regulations to implement these provisions of the Dodd-Frank Act.
Citizens Coinage Advisory Committee; Public Meeting
Document Number: 2013-04839
Type: Notice
Date: 2013-03-04
Agency: United States Mint, Department of Treasury, Department of the Treasury
Pursuant to United States Code, Title 31, section 5135(b)(8)(C), the United States Mint announces the Citizens Coinage Advisory Committee (CCAC) public meeting scheduled for March 11, 2013. Date: March 11, 2013. Time: 9:30 a.m. to 5:00 p.m. Location: Conference Room A, United States Mint, 801 9th Street NW., Washington, DC 20220. Subject: Review and consideration of themes for the 2014 Civil Rights Act of 1964 Commemorative Coin Program; review and consideration of candidate designs for the Raoul Wallenberg Congressional Gold Medal; review and consideration of candidate designs for the 2013 First Spouse Bullion Coin Program; and review and consideration of candidate reverse designs for the 2014 National Baseball Hall of Fame Commemorative Coin Program. Interested persons should call the CCAC HOTLINE at (202) 354-7502 for the latest update on meeting time and room location. In accordance with 31 U.S.C. 5135, the CCAC: [ssquf] Advises the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, Congressional Gold Medals, and national and other medals. [ssquf] Advises the Secretary of the Treasury with regard to the events, persons, or places to be commemorated by the issuance of commemorative coins in each of the five calendar years succeeding the year in which a commemorative coin designation is made. [ssquf] Makes recommendations with respect to the mintage level for any commemorative coin recommended.
Health Insurance Providers Fee
Document Number: 2013-04836
Type: Proposed Rule
Date: 2013-03-04
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains proposed regulations that provide guidance on the annual fee imposed on covered entities engaged in the business of providing health insurance for United States health risks. This fee is imposed by section 9010 of the Patient Protection and Affordable Care Act, as amended. The regulations affect persons engaged in the business of providing health insurance for United States health risks.
West Virginia Disaster #WV-00030
Document Number: 2013-04835
Type: Notice
Date: 2013-03-04
Agency: Small Business Administration, Agencies and Commissions
This is a notice of an Administrative declaration of a disaster for the State of West Virginia dated 02/25/2013. Incident: Hurricane Sandy. Incident Period: 10/29/2012 through 11/10/2012. Effective Date: 02/25/2013. Physical Loan Application Deadline Date: 04/26/2013. Economic Injury (EIDL) Loan Application Deadline Date: 11/25/2013.
Louisiana Disaster #LA-00050
Document Number: 2013-04834
Type: Notice
Date: 2013-03-04
Agency: Small Business Administration, Agencies and Commissions
This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Louisiana (FEMA- 4102-DR), dated 02/22/2013. Incident: Severe storms and flooding. Incident Period: 01/08/2013 through 01/17/2013. Effective Date: 02/22/2013. Physical Loan Application Deadline Date: 04/23/2013. Economic Injury (EIDL) Loan Application Deadline Date: 11/22/2013.
Agency Information Collection Activities: Submission for OMB Review; Comment Request; Foreign Banks
Document Number: 2013-04833
Type: Notice
Date: 2013-03-04
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
In accordance with requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the FDIC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on renewal of an existing information, as required by the PRA. On December 19, 2012 (77 FR 75160), the FDIC solicited public comment for a 60-day period on renewal without change of its ``Foreign Banks'' information collection (OMB No. 3064-0114). No comments were received. Therefore, the FDIC hereby gives notice of submission of its request for renewal to OMB for review.
Television Broadcasting Services; Seaford, Delaware and Dover, Delaware
Document Number: 2013-04832
Type: Proposed Rule
Date: 2013-03-04
Agency: Federal Communications Commission, Agencies and Commissions
The Commission has before it a petition for rulemaking filed by Western Pacific Broadcast, LLC (``Western Pacific''), the permittee of unbuilt station WMDE(TV), Channel 5, Seaford, Delaware, requesting an amendment of the DTV Table of Allotments to delete Channel 5 at Seaford and substitute Channel 5 at Dover, Delaware. Western Pacific further requests modification of WMDE(TV)'s construction permit to specify Dover, Delaware as the station's community license and seeks a waiver of the Commission's freeze on the filing of petitions for rulemaking by televisions stations seeking to change their community of license. Western Pacific asserts that its proposal to reallot Channel 5 to Dover is based on the technical specifications currently authorized for WMDE(TV), and therefore the new allotment will be mutually exclusive with the station's existing allotment. Western Pacific further states that its proposal meets the Commission's allotment priorities by providing Dover with its first local television service, and that Seaford will remain well-served after the reallotment because full-power noncommercial station WDPB(TV), Channel *44, will remain licensed to that community. Therefore, Western Pacific submits that this rulemaking will serve the public interest.
Submission for OMB Review; Comment Request
Document Number: 2013-04830
Type: Notice
Date: 2013-03-04
Agency: Department of Agriculture
Determination That GEREF (Sermorelin Acetate) Injection, 0.5 Milligrams Base/Vial and 1.0 Milligrams Base/Vial, and GEREF (Sermorelin Acetate) Injection, 0.05 Milligrams Base/Amp, Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness
Document Number: 2013-04827
Type: Notice
Date: 2013-03-04
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) has determined that GEREF (Sermorelin Acetate) injection, 0.5 milligrams (mg) base/vial and 1.0 mg base/vial, and GEREF (Sermorelin Acetate) injection, 0.05 mg base/amp, were not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for GEREF (Sermorelin Acetate) injection, 0.5 mg base/vial and 1.0 mg base/vial, and GEREF (Sermorelin Acetate) injection, 0.05 mg base/amp, if all other legal and regulatory requirements are met.
Agency Recordkeeping/Reporting Requirements Under Emergency Review by the Office of Management and Budget (OMB)
Document Number: 2013-04826
Type: Notice
Date: 2013-03-04
Agency: Department of Health and Human Services, Administration for Children and Families
Revocation of Permanent Variances
Document Number: 2013-04825
Type: Notice
Date: 2013-03-04
Agency: Department of Labor, Occupational Safety and Health Administration
With this notice, OSHA is revoking twenty-four (24) obsolete variances. Between 1975 and 1977, OSHA granted permanent variances to 24 companies engaged in the construction of cylindrical steel tanks. The variances specified several conditions that served as an alternative means of compliance to the falling-object-protection and fall-protection requirements of the standard governing general requirements for scaffolds in effect during this period. In 1996, OSHA revised its scaffolds standards for construction to include provisions that essentially duplicated the conditions specified by these variances. Therefore, OSHA believes the alternative means of compliance granted by the variances is no longer necessary and is revoking the variances. Based on comments received in response to a December 19, 2011, notice proposing to revoke these variances (76 FR 78698), on August 7, 2012, OSHA published a notice in the Federal Register correcting several cross references in OSHA's scaffolds standards for construction (77 FR 46948). Today's notice revoking the variances takes into consideration these newly corrected cross references.
Courts of Indian Offenses
Document Number: 2013-04824
Type: Rule
Date: 2013-03-04
Agency: Department of the Interior, Bureau of Indian Affairs
This interim final rule adds two Indian tribes to the list of tribes with Courts of Indian Offenses (also known as CFR Courts), and deletes five tribes from those under the jurisdiction of CFR Courts. The two tribes to be added are Skull Valley Band of Goshute Indians and the Seneca-Cayuga Tribe. The tribes to be removed from the list are the Seminole Nation, the Miami Tribe, the Choctaw Nation of Oklahoma, the Wyandotte Tribe, and the Quapaw Tribe.
Request for Information To Gather Technical Expertise Pertaining to the Identification and Placement of Native American Students Who Are English Learners in Language Instruction Educational Programs
Document Number: 2013-04819
Type: Notice
Date: 2013-03-04
Agency: Department of Education
The U.S. Department of Education (the Department) requests information about practices used to accurately identify Native American students in grades K-12 as English learners and to appropriately place these students in language instruction educational programs (LIEPs). The Department makes this request to help State educational agencies (SEAs), local educational agencies (LEAs), schools, tribes, and other interested entities identify, share, and implement practices for accurately identifying Native American students who are English learners.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; the 2002 Base Year Emissions Inventory for the Delaware Portion of the Philadelphia Nonattainment Area for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standard
Document Number: 2013-04810
Type: Rule
Date: 2013-03-04
Agency: Environmental Protection Agency
EPA is approving a revision to the Delaware State Implementation Plan (SIP) submitted by the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC) on April 3, 2008. The SIP revision pertains to the 2002 base year emissions inventory for the Delaware portion of the Philadelphia- Wilmington, Pennsylvania-New Jersey-Delaware (PA-NJ-DE) nonattainment area. The 2002 base year emissions inventory was submitted to meet nonattainment requirements related to the Delaware nonattainment area for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standard (NAAQS). EPA is approving the 2002 base year emissions inventory in accordance with the requirements of the Clean Air Act (CAA).
Notice of Invitation To Participate; Coal Exploration License Application WYW181235, WY
Document Number: 2013-04743
Type: Notice
Date: 2013-03-04
Agency: Department of the Interior, Bureau of Land Management
Pursuant to the Mineral Leasing Act of 1920, as amended by the Federal Coal Leasing Amendments Act of 1976, and to Bureau of Land Management (BLM) regulations, all interested parties are hereby invited to participate with Black Butte Coal Company on a pro rata cost-sharing basis, in its program for the exploration of coal deposits owned by the United States of America in Sweetwater County, Wyoming.
Notice of Invitation To Participate; Coal Exploration License Application WYW181233, WY
Document Number: 2013-04741
Type: Notice
Date: 2013-03-04
Agency: Department of the Interior, Bureau of Land Management
Pursuant to the Mineral Leasing Act of 1920, as amended by the Federal Coal Leasing Amendments Act of 1976, and to Bureau of Land Management (BLM) regulations, all interested parties are hereby invited to participate with Black Butte Coal Company on a pro rata cost-sharing basis, in its program for the exploration of coal deposits owned by the United States of America in Sweetwater County, Wyoming.
Notice of Invitation To Participate; Coal Exploration License Application WYW181224, WY
Document Number: 2013-04734
Type: Notice
Date: 2013-03-04
Agency: Department of the Interior, Bureau of Land Management
Pursuant to the Mineral Leasing Act of 1920, as amended by the Federal Coal Leasing Amendments Act of 1976, and to Bureau of Land Management (BLM) regulations, all interested parties are hereby invited to participate with Peabody Powder River Mining, LLC, on a pro rata cost-sharing basis, in its program for the exploration of coal deposits owned by the United States of America in Campbell County, Wyoming.
Notice of Invitation to Participate; Coal Exploration License Application WYW181234, WY
Document Number: 2013-04733
Type: Notice
Date: 2013-03-04
Agency: Department of the Interior, Bureau of Land Management
Pursuant to the Mineral Leasing Act of 1920, as amended by the Federal Coal Leasing Amendments Act of 1976, and to Bureau of Land Management (BLM) regulations, all interested parties are hereby invited to participate with Black Butte Coal Company on a pro rata cost-sharing basis, in its program for the exploration of coal deposits owned by the United States of America in Sweetwater County, Wyoming.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2013-04574
Type: Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: 2013-04571
Type: Rule
Date: 2013-03-04
Agency: Federal Aviation Administration, Department of Transportation
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
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