Department of Defense 2016 – Federal Register Recent Federal Regulation Documents
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Federal Acquisition Regulation; Technical Amendments
This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes.
Federal Acquisition Regulation; Improvement in Design-Build Construction Process
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement section 814 of the Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 that requires the head of the contracting activity to approve any determinations to select more than five offerors to submit phase-two proposals for a two-phase design- build construction acquisition that is valued at greater than $4 million.
Federal Acquisition Regulation; Basic Safeguarding of Contractor Information Systems
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to add a new subpart and contract clause for the basic safeguarding of contractor information systems that process, store or transmit Federal contract information. The clause does not relieve the contractor of any other specific safeguarding requirement specified by Federal agencies and departments as it relates to covered contractor information systems generally or other Federal requirements for safeguarding Controlled Unclassified Information (CUI) as established by Executive Order (E.O.). Systems that contain classified information, or CUI such as personally identifiable information, require more than the basic level of protection.
Federal Acquisition Regulation: Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations
DoD, GSA, and NASA are issuing a final rule to amend the Federal Acquisition Regulation (FAR) to implement a section of U.S. Code which establishes a higher simplified acquisition threshold for overseas acquisitions in support of humanitarian or peacekeeping operations.
Federal Acquisition Regulation: High Global Warming Potential Hydrofluorocarbons
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive branch policy in the President's Climate Action Plan to procure, when feasible, alternatives to high global warming potential (GWP) hydrofluorocarbons (HFCs). This final rule will allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements of the Executive Order on Planning for Sustainability in the Next Decade.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-88; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-88. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS); Radio Frequency Identification Advance Shipment Notices
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use through August 31, 2013. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS); Quality Assurance
In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), DoD announces the proposed revision of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use through July 31, 2016. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.
Defense Health Board; Notice of Federal Advisory Committee Meeting
The Department of Defense is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Health Board will take place.
Charter Renewal of Department of Defense Federal Advisory Committees
The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the U.S. Air Force Scientific Advisory Board (``the Board'').
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Programmatic Environmental Impact Statement for Training Mission and Mission Support Activities at Fort Campbell, KY
The Department of the Army announces the availability of the Final Programmatic Environmental Impact Statement (PEIS) for proposed training mission and mission support activities at Fort Campbell, KY. Pursuant to the National Environmental Policy Act of 1969 (NEPA), the Final PEIS analyzes the potential impacts of training and mission support activities on the environmental resources of Fort Campbell and the surrounding region. The Final PEIS assesses the No Action Alternative, four action alternatives, and a fifth alternative that would implement all of the separate action alternatives. The Proposed Action would meet the Senior Commander's Soldier training requirements, support the Range Complex Master Plan, and streamline the NEPA analysis process for routine range and training land actions occurring at Fort Campbell.
Federal Acquisition Regulation: Administrative Cost To Issue and Administer a Contract
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to revise the estimated administrative cost to award and administer a contract, for the purpose of evaluating bids for multiple awards.
U.S. Air Force Scientific Advisory Board Notice of Meeting
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the United States Air Force (USAF) Scientific Advisory Board (SAB) Summer Board meeting will take place on 15 June 2016 at the Arnold & Mabel Beckman Center, located at 100 Academy Drive in Irvine, CA 92617. The meeting will occur from 8:00 a.m.-4:00 p.m. on Wednesday, 15 June 2016. The session that will be open to the general public will be held from 8:30 a.m. to 9:00 a.m. on 15 June 2016. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to finalize FY16 SAB studies, which consist of: Data Analytics to Support Operational Decision Making (DAN), Responding to Uncertain or Adaptive Threats in Electronic Warfare (AEW), and Airspace Surveillance to Support A2/AD Operations (ASV). In accordance with 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, a number of sessions of the USAF SAB Summer Board meeting will be closed to the general public because they will discuss classified information and matters covered by Section 552b of Title 5, United States Code, subsection (c), subparagraph (1). Any member of the public that wishes to attend this meeting or provide input to the USAF SAB must contact the SAB meeting organizer at the phone number or email address listed in this announcement at least five working days prior to the meeting date. Please ensure that you submit your written statement in accordance with 41 CFR 102-3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act. Statements being submitted in response to the agenda mentioned in this notice must be received by the SAB meeting organizer at least five calendar days prior to the meeting commencement date. The SAB meeting organizer will review all timely submissions and respond to them prior to the start of the meeting identified in this noice. Written statements received after this date may not be considered by the SAB until the next scheduled meeting.
Federal Acquisition Regulation: Combating Trafficking in Persons-Definition of “Recruitment Fees”
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to provide a definition of ``recruitment fees.'' The FAR policy on combating trafficking in persons prohibits contractors from charging employees recruitment fees, in accordance with the Executive Order entitled ``Strengthening Protections Against Trafficking in Persons in Federal Contracts.''
Army National Military Cemeteries
The Department of the Army (Army) proposes to amend its regulation for the development, operation, maintenance, and administration of the Army National Cemeteries to reflect their statutory name change to the Army National Military Cemeteries and changes in the management structure, to adopt modifications suggested by the Department of the Army Inspector General, and to implement changes in interment eligibility.
Submission for OMB Review; Indirect Cost Rates
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning Indirect Cost Rates. A notice was published in the Federal Register at 81 FR 10861 on March 2, 2016. No comments were received.
Submission for OMB Review; Freight Classification Description
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning freight classification description. A notice was published in the Federal Register at 80 FR 74105 on November 27, 2015. No comments were received.
Information Collection; Contractor Use of Interagency Fleet Management System Vehicles
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning contractor use of interagency fleet management system vehicles.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
Defense Federal Acquisition Regulation Supplement; Technical Amendments
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.
Defense Federal Acquisition Regulation Supplement: Display of Hotline Posters (DFARS Case 2016-D018)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to consolidate the multiple hotline posters into one poster that delineates multiple reportable offenses.
Defense Federal Acquisition Regulation Supplement: Rights in Technical Data (DFARS Case 2016-D008)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that addresses rights in technical data relating to major weapon systems, expanding application of the presumption that a commercial item has been developed entirely at private expense.
Defense Federal Acquisition Regulation Supplement: Duty-Free Entry Threshold (DFARS 2015-D036)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update the threshold for duty-free entry on foreign supplies that are not from qualifying countries.
Defense Federal Acquisition Regulation Supplement: Long-Haul Telecommunications (DFARS Case 2015-D023)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add a definition of ``long-haul telecommunications.''
Defense Federal Acquisition Regulation Supplement: Contract Term Limit for Energy Savings Contracts (DFARS Case 2015-D018)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the contract term for energy savings contracts awarded under 10 U.S.C. 2913.
Defense Federal Acquisition Regulation Supplement: Multiyear Contract Requirements (DFARS Case 2015-D009)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2015 and a section of the Department of Defense Appropriations Act, 2015, which address various requirements for multiyear contracts.
Defense Federal Acquisition Regulation Supplement: Disclosure to Litigation Support Contractors (DFARS Case 2012-D029)
DoD is adopting as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that provides DoD the authority to allow its litigation support contractors access to ``sensitive information'' subject to certain restrictions.
Meeting of the Ocean Research Advisory Panel
The Ocean Research Advisory Panel (ORAP) will hold a regularly scheduled meeting. The meeting will be open to the public.
Eligibility Requirements for Minor Dependents To Attend DoD Domestic Dependent Elementary and Secondary Schools (DDESS)
This proposed rule updates policy and procedures for minor dependents attending schools operated by DOD pursuant to 10 U.S.C. 2164. The proposed rule outlines procedures for eligibility, application and enrollment in DOD schools and describes procedures for reimbursement of educational services. This proposed rule discusses provision for the elementary and secondary education to minor dependents of members of the armed forces and civilian employees of the Federal Government residing within the United States (including the territories, commonwealths, and possessions of the United States).
Charter Renewal of Department of Defense Federal Advisory Committees
The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the National Intelligence University Board of Visitors (``the Board'').
Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Proposed Amoruso Ranch Project in Placer County, CA, Corps Permit Application Number SPK-2004-00888
On March 17, 2014, Brookfield Sunset LLC (applicant) submitted a Department of the Army (DA) permit application for the discharge of dredged and/or fill material into waters of the United States (WOUS) associated with the construction of the proposed Amoruso Ranch project. On December 22, 2014, the U.S Army Corps of Engineers, Sacramento District (Corps) determined that the proposed discharge of fill material into WOUS may result in significant impacts to the environment, and that the preparation of an Environmental Impact Statement (EIS) is necessary. A revised DA permit application was submitted by the applicant on October 30, 2014. The applicant proposes to implement a large-scale, mixed-use, mixed density, master planned community. The proposed project consists of approximately 347 acres designated for residential use that would contain 2,827 dwelling units (in a mix of low, medium and high density), 51 acres for a village center and community commercial uses, 12 acres for public/quasi-public space containing a fire station and school, 161 acres of parks and natural avoided areas of open space reserve and/or preserve, and 82 acres of associated infrastructure containing roads and other public transportation corridors. Approximately 17 acres of the adjacent Al Johnson Wildlife Area property would be used to construct a 325-foot long drainage ditch. No other off-site improvements are included in the proposed project. A segment of the future Placer Parkway would be constructed by others on 49 acres of the site and is not part of this permit application. The proposed project site is approximately 674 acres and contains approximately 38.86 acres of WOUS, including: Vernal pools; seasonal wetlands; University Creek; and, grasslands. The proposed project would involve the discharge of fill material into approximately 18.64 acres of WOUS, including vernal pools, seasonal wetlands, and open water pond. The proposed project may also result in indirect impacts to WOUS, including wetlands.
TRICARE Program; Clarification of Benefit Coverage of Durable Equipment and Ordering or Prescribing Durable Equipment; Clarification of Benefit Coverage of Assistive Technology Devices Under the Extended Care Health Option Program
The DoD published a final rule on December 31, 2014 (79 FR 78707-78714). This rule makes correcting amendments to the previously published final rule to clarify that only the replacement of lost or stolen rental durable equipment is excluded from coverage. Additionally, in the final rule, DoD mistakenly used asterisks in a paragraph it was revising in its entirety. To correct this mistake and ensure that all revisions are appropriately codified, these correcting amendments set out the full text of the impacted paragraph.
Charter Renewal of Department of Defense Federal Advisory Committees
The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Chief of Engineers Environmental Advisory Board (``the Board'').
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.
Notice of Intent To Prepare an Environmental Impact Statement for the Presidential Aircraft Recapitalization Program at Joint Base Andrews-Naval Air Facility, Washington, Maryland
The United States Air Force (Air Force) is issuing this notice to advise the public of its intent to prepare an Environmental Impact Statement (EIS) for the Presidential Aircraft Recapitalization (PAR) Program at Joint Base Andrews-Naval Air Facility, Washington, Maryland (JBA). The EIS will assess the potential environmental consequences of the proposal to beddown versions of the Boeing 747-8 passenger aircraft at JBA as replacements to the two existing VC-25A aircraft currently used to transport the President of the United States (POTUS).
Information Collection; Pollution Prevention and Right-to-Know Information
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning pollution prevention and right-to-know information.
Notice of Intent To Grant Partially Exclusive Patent License to 3D-sensIR, Inc.; Stevenson Ranch, CA
In compliance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i), the Department of the Army hereby gives notice of its intent to grant to 3D-sensIR, Inc.; a corporation having its principle place of business at 25762 Hawthorne Place, Stevenson Ranch, CA 91381, a partially exclusive license, for their design and development of handheld 3D smart cameras with specific application in the areas of photorealistic 3D measurements in the fields of Architecture, Engineering, Construction (AEC), Utility Assets Management, Law Enforcement (i.e., crime and accident scene investigations), Real- Estate, Arts and Entertainment, Commercial Drones, Commercial Robotics and Logistics. The proposed license would be relative to the following: U.S. Patent Number 8,081,301 entitled ``LADAR Transmitting and Receiving System and Method'', Inventors Stann, Giza and Lawler, Issue Date Dec. 20, 2011.
Notice of Availability of Supplemental Information Report for Berryessa Creek Element, Coyote and Berryessa Creek, Flood Control Project, Santa Clara County, CA
The U.S. Army Corps of Engineers (USACE) has prepared a Supplemental Information Report (SIR) to update and clarify the General Reevaluation Report/Environmental Impact Statement (GRR/EIS) for the Berryessa Creek Element of the Coyote and Berryessa Creek, California, Flood Control Project (Project) to account for the fact that the Project will remove an existing exercise ``pocket park'' and paved trail within the Project footprint and will involve in-channel work year-round in the absence of substantial rainfall (defined as 0.5 inch or greater precipitation forecast by the National Weather Service in their 72-hour forecast for the Project area). The removal of the existing exercise pocket park facilities was omitted from the original GRR/EIS and the clarification regarding in-channel work year-round when weather permits (i.e., in the absence of substantial rainfall) is in response to informal comments. The USACE has determined that these elements do not amount to substantial changes to the proposed action and do not constitute significant new circumstances or information bearing upon the proposed action or its impacts. Therefore, a supplement to the GRR/EIS is not necessary.
Defense Acquisition University Board of Visitors; Notice of Federal Advisory Committee Meeting
The Department of Defense is publishing this notice to announce a Federal Advisory Committee meeting of the Defense Acquisition University Board of Visitors. This meeting will be open to the public.
Lake Eufaula Advisory Committee Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Lake Eufaula Advisory Committee (LEAC). The meeting is open to the public.
City of Norfolk Flood Risk Management Study NEPA Scoping Meeting and Public Comment Period
Pursuant to the requirements of section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, 42 U.S.C. 4321-4370, as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the U.S. Army Corps of Engineers (USACE) plans to prepare a Feasibility Study with an integrated Environmental Impact Statement (EIS) to evaluate environmental impacts from reasonable project alternatives and to determine the potential for significant impacts related to reduce future flood risk in ways that support the long[hyphen]term resilience and sustainability of the coastal ecosystem and surrounding communities due to sea level rise, local subsidence and storms, and to reduce the economic costs and risks associated with large[hyphen]scale flood and storm events in the City of Norfolk, Virginia.
Army Education Advisory Subcommittee Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Defense Language Institute Foreign Language Center Board of Visitors, a subcommittee of the Army Education Advisory Committee. This meeting is open to the public.
Availability of a Final Regional Environmental Impact Statement To Analyze Potential Impacts Within Defined Geographic Regions in Texas That May Be Affected by Future U.S. Army Corps of Engineers, Fort Worth District, Permit Decisions for Future Surface Coal and Lignite Mine Expansions or Satellite Mines Within the District's Area of Responsibility
The U.S. Army Corps of Engineers (USACE), Fort Worth District, as lead federal agency, has prepared this Regional Environmental Impact Statement (REIS) to analyze potential impacts within defined geographic regions in Texas that may be affected by future USACE, Fort Worth District, permit decisions for future surface coal and lignite mine expansions or satellite mines within the District's area of responsibility. The REIS has been prepared in compliance with the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and the USACE Procedures for Implementing NEPA (33 CFR part 230).
Termination of the Environmental Impact Statement for the Proposed Lake Columbia Regional Water Supply Reservoir Project in Texas
The U.S. Army Corps of Engineers, Fort Worth District, Regulatory Division is notifying interested parties that it has terminated the process to develop a Revised Draft Environmental Impact Statement (DEIS) and has withdrawn the Section 404 Clean Water Act permit application for the proposed `Lake Columbia Regional Water Supply Reservoir Project' submitted in 2005 by an independent governmental agency known as the Angelina & Neches River Authority (ANRA). The original Notice of Intent to Prepare an EIS was published in the Federal Register on Friday, June 28, 2005 (70 FR 37094).
Notice of Availability of the Final Environmental Impact Statement (FEIS) for the Installation of a Terminal Groin Structure at the Eastern End of Ocean Isle Beach, Extending Into the Atlantic Ocean, West of Shallotte Inlet (Brunswick County, NC)
The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Town of Ocean Isle Beach to install a terminal groin structure on the east side of Ocean Isle Beach, extending into the Atlantic Ocean, just west of Shallotte Inlet. The structure will be designed to function in concert with the Federal storm damage reduction project.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Office of the DoD Chief Information Officer announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Notice of Intent To Grant a Partially Exclusive License; AEgis Technologies Group, Inc.
In accordance with 35 U.S.C. 209(e) and 37 CFR part 404.7(a)(1)(i), the Department of the Army announces the intent to grant a revocable, non-assignable, partially exclusive license to AEgis Technologies Inc., Huntsville, Alabama, for the Joint Embedded Messaging System (JEMS) government-owned software for efficient manipulation of data. Joint Embedded Messaging System (JEMS) routes and translates messages and protocols for command and control (C2), simulation, and other systems using a configurable application for input and output formats, providing interoperability solutions while not requiring software modifications for data compatibility.
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