Department of Transportation July 2009 – Federal Register Recent Federal Regulation Documents
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Airworthiness Directives; Reims Aviation S.A. Model F406 Airplanes
We propose to rescind an airworthiness directive (AD) for the products listed above. The existing AD resulted from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Environmental Impact Statement: Bexar County, TX
Pursuant to 40 CFR 1508.22 and 43 Texas Administrative Code Sec. 2.5 (e)(2), the Federal Highway Administration, Texas Department of Transportation (TxDOT) and Alamo Regional Mobility Authority are issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for proposed improvements to Loop 1604 in San Antonio, Texas, within Bexar County limits to enhance mobility and improve safety from FM 1957 to IH 35 North, a distance of approximately 32.35 miles in Bexar County Texas. Areas within the city of San Antonio are included in the project study area.
Technical Amendments Concerning Amateur Rocket Activities
The FAA is making several editorial changes to the amateur rocket regulations. The intent of this action is to ensure the regulations are clear and accurate.
R.J. Corman Railroad Company/Pennsylvania Lines Inc.-Construction and Operation Exemption-In Clearfield County, PA
On May 20, 2008, R.J. Corman Railroad Company/Pennsylvania Lines Inc. (RJCP) filed a petition with the Surface Transportation Board (Board) pursuant to 49 U.S.C. 10502 for authority to construct and operate an abandoned 10.8-mile rail line between Wallaceton Junction and Winburne in Clearfield County, Pennsylvania (the Western Segment) and to reactivate a connecting 9.3-mile line between Winburne and Gorton in Clearfield and Centre Counties, Pennsylvania (the Eastern Segment) that is currently being used for interim trail use, subject to the possible restoration of rail service (rail banking) pursuant to the Trails Act, 16 U.S.C. 1247(d). In total, the proposed project would involve the construction, rebuilding, and operation of approximately 20 miles of the former Beech Creek Rail Line to serve a new quarry, landfill, and industrial park being developed by Resource Recovery, LLC, near Gorton, Pennsylvania.\1\
Proposed Amendment of Class E Airspace; Minden, NE
This action proposes to amend Class E airspace at Minden, NE. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Pioneer Village Field Airport, Minden, NE. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Pioneer Village Field Airport.
Proposed Amendment of Class E Airspace; Tioga, ND
This action proposes to amend Class E airspace at Tioga, ND. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Tioga Municipal Airport, Tioga, ND. This action also amends the geographic coordinates of Tioga Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Tioga Municipal Airport.
Amendment of Class E Airspace; Iowa Falls, IA
This action amends Class E airspace at Iowa Falls, IA. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Iowa Falls Municipal Airport, Iowa Falls, IA. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Iowa Falls Municipal Airport.
Proposed Amendment of Class D and Class E Airspace; New Orleans NAS, LA
This action proposes to amend Class D and Class E airspace at New Orleans NAS, LA. Changes in control tower operating hours for Class D airspace and cancellation of the NDB RWY 4 instrument approach for Class E airspace have made this action necessary for the continued safety and management of Instrument Flight Rules (IFR) aircraft operations at New Orleans NAS Alvin Callender Field.
Proposed Amendment of Class E Airspace; St. Louis, MO
This action proposes to amend Class E airspace for the St. Louis, MO, area. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Spirit of St. Louis Airport, St. Louis, MO. Also, there would be minor adjustments to the geographic coordinates for Lambert-St. Louis International Airport, St. Louis VORTAC, and the Foristell VORTAC. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Spirit of St. Louis Airport.
Proposed Amendment of Class E Airspace; Winona, MN
This action proposes to amend Class E airspace at Winona, MN. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Winona Municipal Airport-Max Conrad Field, Winona, MN. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at Winona Municipal Airport-Max Conrad Field.
Notice of Request for Information Collection Approval
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.), this notice announces that the U.S. Department of Transportation (DOT) has forwarded the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB), for renewal of a currently approved collection. The ICR describes the nature of the information collection and its expected cost and burden hours. OMB approved the form in 2006 with its renewal required by July 31, 2009. The Federal Register Notice with a 60-day comment period soliciting comments on the form renewal was published on May 22, 2009, [74 FR 24061]. No comments were received.
Crew Resource Management Training for Crewmembers in Part 135 Operations
This action extends the comment period for a proposed rule that was published on May 1, 2009. The proposed rule would require all certificate holders conducting operations under part 135 to include in their training programs crew resource management for crewmembers, including pilots and flight attendants. This proposal is needed to ensure that crewmembers in part 135 operations receive training and practice in the use of crew resource management principles, as appropriate for their operation. This proposed rule would respond to National Transportation
Airworthiness Standards; Fire Protection
The FAA amends the airworthiness standards for issuance of original and amended aircraft engine type certificates for fire protection. The new standard will change aircraft engine fire protection certification standards to update and harmonize them with European Aviation Safety Agency (EASA) fire protection requirements, thereby simplifying airworthiness approvals for import and export purposes.
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR 21.611(a) and (b), 21.607(c) and 21.613(a)(1). The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR 21.191(i)(1). The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.
Proposed Amendment of Class D and Class E Airspace; Topeka Forbes Field Airport, KS
This action proposes to amend Class D and Class E airspace for Forbes Field Airport, Topeka, KS. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Forbes Field Airport, Topeka, KS. This action also incorporates the Class E as extensions to Class D at Forbes Field Airport into the Class D surface area. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Forbes Field Airport.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR Airplanes; and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; McDonnell Douglas Model DC-9-14, DC-9-15, and DC-9-15F Airplanes; and McDonnell Douglas Model DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to all McDonnell Douglas Model DC-9-14, DC- 9-15, and DC-9-15F airplanes; and McDonnell Douglas Model DC-9-20, DC- 9-30, DC-9-40, and DC-9-50 series airplanes. The existing AD currently requires repetitive inspections for cracks of the main landing gear (MLG) shock strut cylinder, and related investigative and corrective actions if necessary. This proposed AD would add more work on airplanes that have main landing gear shock struts with certain identified part numbers. This proposed AD results from two reports of a collapsed MLG and a report of cracks in two MLG cylinders. We are proposing this AD to detect and correct fatigue cracks in the shock strut cylinder of the MLG, which could result in a collapsed MLG during takeoff or landing, and possible reduced structural integrity of the airplane.
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
This amendment reinstates the requirement for direct observation collections for all return-to-duty and follow-up tests. This provision was stayed by the United States Court of Appeals for the District of Columbia Circuit effective November 1, 2008, but that stay was lifted on July 1, 2009. This amendment, therefore, restores language to the version that became a final rule on June 25, 2008.
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009-0074 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the
Requested Administrative Waiver of the Coastwise Trade Laws
As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2009-0073 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the
Agency Information Collection Activities: Notice of Request for Renewal of a Previously Approved Information Collection Titled: Federal Highway Administration (FHWA) State Reports for American Recovery and Reinvestment Act (ARRA)
The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for information collection that is summarized below under SUPPLEMENTARY INFORMATION. We published a Federal Register Notice with a 60-day public comment period on this information collection on May 27, 2009. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.
Notice of Opportunity for Public Comment on Surplus Property Release at Jackson International Airport, Jackson, MS
Under the provisions of Title 49, U.S.C. 47153(c), notice is being given that the FAA is considering a request from the Jackson Municipal Airport Authority to waive the requirement that a 9.13-acre parcel, a 0.13-acre parcel, and a 20.54-acre parcel of surplus property, located at the Jackson International Airport, be used for aeronautical purposes.
Proposed Amendment of Class E Airspace; Peoria, IL
This action proposes to amend Class E airspace for the Peoria, IL area. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Mount Hawley Auxiliary Airport, Peoria, IL. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) aircraft operations at Mount Hawley Auxiliary Airport.
Amendment of Class E Airspace; Ironwood, MI
This action amends Class E airspace at Ironwood, MI. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Gogebic Iron County Airport, Ironwood, MI. This action also makes a minor change to the airspace description, removing the reference to the Ironwood ILS. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Gogebic Iron County Airport.
Proposed Establishment of Class E Airspace; Little River, CA
This action proposes to establish Class E airspace at Little River, CA. Controlled airspace is necessary to accommodate aircraft using a new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedure (SIAP) at Little River Airport, Little River, CA. The FAA is proposing this action to enhance the safety and management of aircraft operations at Little River Airport, Little River, CA.
Amendment of Class E Airspace; Monee, IL
This action amends Class E airspace at Monee, IL. Additional controlled airspace is necessary to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Bult Field Airport, Monee, IL. This action also reflects the name change of the airport from Sanger Airport and updates the geographic coordinates to coincide with the FAA's National Aerospace Charting Office. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at Bult Field Airport.
Airworthiness Directives; Engine Components, Inc. (ECi) Reciprocating Engine Cylinder Assemblies
The FAA proposes to supersede an existing airworthiness directive (AD) for Lycoming Engines (formerly Textron Lycoming) models 320, 360, and 540 series, ``Parallel Valve'' reciprocating engines, with certain Engine Components, Inc. (ECi) cylinder assemblies, part number (P/N) AEL65102 series ``Titan,'' installed. That AD currently requires initial and repetitive visual inspections and compression tests to detect cracks at the head-to-barrel interface, replacement of cylinder assemblies found cracked, and replacement of certain cylinder assemblies at new, reduced times-in-service. This proposed AD would require the same actions, but for an expanded population of cylinder assemblies. This proposed AD results from reports of 10 additional cylinder head separations since issuing AD 2008-19-05, on cylinder serial numbers not listed in that AD. We are proposing this AD to prevent loss of engine power due to cracks at the head-to-barrel interface and possible engine failure caused by separation of a cylinder head, which could result in loss of control of the aircraft.
Agency Information Collection Activities; New Information Collection: Survey of Over-the-Road Bus Companies About Accessible Transportation for Individuals With Disabilities
In accordance with the Paperwork Reduction Act of 1995, the U.S. Department of Transportation, Office of the Secretary, announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval. The new information collection is associated with a required review pursuant to the Americans with Disabilities Act of 1990 (ADA), implementing regulations for a Survey Over-the-Road Bus (OTRB) Companies located at subpart H of 49 CFR part 37. The collected information would assist DOT with any decision to modify or retain the requirements contained in the ADA regulations. On April 22, 2008, the Federal Motor Carrier Safety Administration (FMCSA) published a Federal Register notice (at 73 FR 21685) allowing for a 60-day comment period on a new ICR involving OTRBs. Two comments were received on this issue.
Regulatory Guidance on the Definition of “Principal Place of Business”
The FMCSA announces regulatory guidance concerning its definition of ``principal place of business.'' The regulatory guidance is presented in a question-and-answer format and is generally applicable to motor carrier operations subject to the Federal Motor Carrier Safety Regulations. No prior interpretations or regulatory guidance concerning the term ``principal place of business,'' whether published or unpublished may be relied upon as authoritative if they are inconsistent with the guidance published today. This guidance will provide the motor carrier industry and Federal, State and local law enforcement officials with uniform information for use in determining which locations may be designated by a motor carrier as its principal place of business.
Additional Proposed Guidance for New Starts/Small Starts Policies and Procedures and Request for Comments for 2009
This notice includes, and requests comments on, additional Proposed Guidance on New Starts/Small Starts Policies and Procedures. This guidance continues FTA's efforts to streamline and simplify the New and Small Starts programs. The notice: (1) Proposes modifications to the evaluation and rating process; (2) clarifies existing policies; and (3) solicits public feedback on potential changes to FTA's internal practices for the New and Small Starts programs. Please note this guidance is in addition to, and distinct from, the guidance on New Starts/Small Starts Policies and Procedures published concurrently in this issue of the Federal Register.
Final Guidance on New Starts/Small Starts Policies and Procedures
The purpose of this notice is to convey the 2009 final guidance on New Starts/Small Starts policies and procedures. On May 20, 2009, FTA announced in the Federal Register the availability of proposed guidance and requested public comment. FTA received a total of 29 comments, primarily from transit agencies and metropolitan planning organizations, as well as cities, advocacy groups, State departments of transportation, and other interested parties. After reviewing the public comments, FTA is issuing final guidance, which is included at the end of this notice. Please note that FTA is concurrently publishing a separate notice in today's Federal Register that includes additional proposed guidance on the New Starts and Small Starts program for public comment.
Requirements and Procedures for Consumer Assistance To Recycle and Save Program
This final rule sets forth requirements and procedures for the voluntary vehicle trade-in and purchase/lease program under the Consumer Assistance to Recycle and Save Act of 2009. This program helps consumers pay for a new, more fuel efficient car or truck from a participating dealer when they trade in a less fuel efficient car or truck. The rule establishes a process by which dealers can register in order to participate in the program and establishes the criteria this agency will use to determine which disposal facilities are eligible to receive and either crush or shred the trade-in vehicles. It also sets forth the criteria that trade-in vehicles and new vehicles must meet in order for purchases and leases to qualify for assistance under this program and establishes the requirements that must be met by consumers, dealers, disposal facilities and others. Finally, the rule sets forth enforcement procedures and provisions for punishing fraud and other violations of the program requirements.
Qualification of Drivers; Exemption Renewals; Vision
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 29 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD would require replacing the engine fuel shutoff valves for the left and right main tanks. This proposed AD results from a report of a failed engine start, which was caused by an internally fractured engine fuel shutoff valve. We are issuing this AD to prevent the failure of the valve in the closed position, open position, or partially open position, which could result in engine fuel flow problems and possible uncontrolled fuel leak or fire.
Advisory Circular 33.87-2, Comparative Endurance Test Method To Show Durability for Parts Manufacturer Approval of Turbine Engine and Auxiliary Power Unit Parts
This notice announces the issuance of Advisory Circular (AC) 33.87-2, Comparative Endurance Test Method to Show Durability for Parts Manufacturer Approval of Turbine Engine and Auxiliary Power Unit Parts. This AC describes a comparative endurance test method to be used for certain turbine engine or auxiliary power unit parts when manufactured under Parts Manufacturer Approval (PMA). This method may be used when PMA applicants introduce changes that could affect the durability of their proposed designs. It may also be used when an applicant has insufficient comparative data to show that the durability of their proposed PMA part is at least equal to the type design. The applicant can use this method when requesting PMA under test and computation, per part 21 of Title 14 of the Code of Federal Regulations, and using the comparative test and analysis approach detailed in Federal Aviation Administration Order 8110.42, Part Manufacturer Approval Procedures.
Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146-100A and 146-200A Series Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Airworthiness Directives; Airbus Model A330-200, A330-300, A340-200, and A340-300 Series Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: * * * * *
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes
We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as:
Qualification of Drivers; Exemption Renewals; Vision
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 6 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualification of Drivers; Exemption Renewals; Vision
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualification of Drivers; Exemption Applications; Diabetes
FMCSA announces its decision to exempt thirty-five individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes
FMCSA announces receipt of applications from 41 individuals for exemptions from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces receipt of applications from 40 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.
Agency Information Collection Activities; Revision of a Currently Approved Information Collection Request: Annual and Quarterly Report of Class I Motor Carriers of Passengers (OMB 2139-0003)
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit to the Office of Management and Budget (OMB) for approval its request to revise a currently approved information collection request (ICR) entitled, ``Annual and Quarterly Report of Class I Motor Carriers of Passengers.'' This information collection is necessary to ensure that motor carriers comply with financial and operating statistics requirements at chapter III of title 49 CFR part 369 entitled, ``Reports of Motor Carriers.'' On March 24, 2009, FMCSA published a Federal Register notice (at 74 FR 12436) allowing for a 60-day comment period on the revision of this ICR. The comment received in response to the notice expressed support for this ICR.
Federal Motor Vehicle Safety Standards; Door Locks and Door Retention Components, Correction
NHTSA published in the Federal Register of July 20, 2009, a document delaying the compliance date of the sliding door provisions of a February 6, 2007 final rule. The regulatory text adopted by that document contained errors. This document corrects those errors.
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