Department of Transportation December 2014 – Federal Register Recent Federal Regulation Documents
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Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BELLAROMA; Invitation for Public Comments
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.
Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MIS MOONDANCE; Invitation for Public Comments
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.
Reports, Forms, and Recordkeeping Requirements
This notice solicits public comments on continuation of the requirements for the collection of information on safety standards. Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes a collection of information on nine Federal motor vehicle safety standards (FMVSSs) and two regulations, for which NHTSA intends to seek OMB approval. The information collection pertains to requirements that specify certain description, instructions and safety precautions regarding items of motor vehicle equipment must appear in the vehicle owner's manual.
Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
This joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. This rule is necessary in order to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB. Implementation of this guidance will reduce administrative burden and risk of waste, fraud, and abuse for the approximately $600 billion per year awarded in Federal financial assistance. The result will be more Federal dollars reprogrammed to support the mission, new entities able to compete and win awards, and ultimately a stronger framework to provide key services to American citizens and support the basic research that underpins the United States economy.
Notice of Submission Deadline To Amend Slot Records for LaGuardia Airport
Under this notice, the FAA announces the submission deadline of January 5, 2015, for requests to amend slot records (adjust slot times and arrival/departure designations) at New York LaGuardia Airport (LGA).
Major Project Financial Plan Guidance
This final notice announces the availability of Major Project Financial Plan Guidance. February 2, 2015
Petition for Exemption; Summary of Petition Received
This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. 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. 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.
Special Conditions: Sikorsky Aircraft Corporation (Sikorsky) Model S-76D Helicopter, Search and Rescue (SAR) Automatic Flight Control System (AFCS) Installation
These special conditions are issued for the Sikorsky Model S- 76D helicopter. This model of helicopter, as modified by Sikorsky, will have novel or unusual design features associated with installing an optional SAR AFCS. The applicable airworthiness standards do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards the Administrator considers necessary to show a level of safety equivalent to that established by the existing airworthiness standards.
Transport Airplane Fuel Tank and System Lightning Protection
The FAA proposes to amend certain airworthiness regulations for transport category airplanes regarding lightning protection of fuel tanks and systems. This action would establish design requirements for both normal conditions and possible failures of fuel tank structure and systems that could lead to fuel tank explosions, add new maintenance requirements related to lightning protection features, and impose specific requirements for airworthiness limitations in the instructions for continued airworthiness. We would create performance-based standards for prevention of catastrophic fuel vapor ignition caused by lightning by regulating the risk due to both ignition sources and fuel tank flammability. This change would allow designers to take advantage of flammability reduction technologies whose effectiveness was not foreseen when earlier revisions to these rules were written. This change would also relieve some of the administrative burdens created by the current regulations. These proposed amendments are based on recommendations from the Large Airplane Fuel System Lightning Protection Aviation Rulemaking Committee (Lightning ARC).
Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (DVIR)
FMCSA rescinds the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce, except drivers of passenger-carrying CMVs, submit, and motor carriers retain, DVIRs when the driver has neither found nor been made aware of any vehicle defects or deficiencies. This rule also harmonizes the pre- and post-trip inspection lists. It responds in part to the President's January 2011 Regulatory Review and Reform initiative, removing a significant information collection burden without adversely impacting safety. The Agency also makes a technical change to Sec. 396.11 to eliminate redundant language.
Airworthiness Directives; The Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747-8 and 747-8F airplanes. This proposed AD was prompted by an analysis, which determined that in a limited flight envelope with specific conditions, divergent flutter could occur during a high g-load maneuver in combination with certain system failures. This proposed AD would require replacing the lateral control electronic (LCE) modules, replacing the inboard elevator power control packages (PCPs), installing new external compensators for the PCPs, and revising the maintenance or inspection program. We are proposing this AD to prevent certain system failures from resulting in divergent flutter, and subsequent loss of continued safe flight and landing.
Request for Comments on a New Information Collection
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on September 23, 2014 (79 FR 56849).
Public Notice for Waiver for Aeronautical Land-Use Assurance at New Braunfels Regional Airport, New Braunfels, TX
The Federal Aviation Administration (FAA) is considering a proposal to change a portion of the airport from aeronautical use to nonaeronautical use and to authorize the conversion of the airport property. The proposal consists of one parcel of land containing a total of approximately 3.09 acres located on the east side of the airport, along FM 758. The parcel was originally acquired as federal surplus property in 1969. The land comprising this parcel is outside the forecasted need for aviation development and, thus, is no longer needed for indirect or direct aeronautical use. The airport wishes to develop this land for compatible commercial, nonaeronautical use. The income from the conversion of this parcel will benefit the aviation community by reinvestment in the airport. Approval does not constitute a commitment by the FAA to financially assist in the conversion of the subject airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition of proceeds from the conversion of the airport property will be in accordance with FAA's Policy and Procedures Concerning the Use of Airport Revenue, published in the Federal Register on February 16, 1999. In accordance with Section 47107(h) of Title 49, United States Code, this notice is required to be published in the Federal Register 30 days before modifying the land-use assurance that requires the property to be used for an aeronautical purpose.
Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)
FMCSA announces that Daimler Trucks North America (Daimler) has requested an exemption for one commercial motor vehicle (CMV) driver, Martin Zeilinger, from the Federal requirement to hold a commercial driver's license (CDL) issued by one of the States. This project engineer holds a valid German CDL and wants to test-drive Daimler vehicles on U.S. roads to better understand product requirements for these systems in ``real world'' environments, and verify results. Daimler believes the requirements for a German CDL ensure that holders of the license will likely achieve a level of safety equal to or greater than that of drivers who hold a U.S. State- issued CDL.
Notice of Buy America Waiver
This notice provides NHTSA's finding with respect to a request from the Texas Department of Transpiration, Traffic Safety Section (TxDOT) to waive the requirements of Buy America. NHTSA finds that a cost waiver of the Buy America requirements is appropriate for TxDOT to purchase Light-Up Magnifier Loupes using Federal highway safety grant funds because the cost of domestically produced products is twenty-five percent more than the cost of the foreign-made products.
Notice of Buy America Waiver
This notice provides NHTSA's finding that a waiver of the Buy America requirements is appropriate for the purchase of Nania Baby Ride infant car seats by the Maryland Highway Safety Office (MHSO), using Federal grant funds. NHTSA finds that a non-availability waiver of the Buy America requirements is appropriate for the purchase of these infant car seats using Federal highway safety grant funds because there are no suitable products produced in the United States.
Notice of Buy America Waiver
This Notice provides NHTSA's finding with respect to a request from the Hawaii Department of Transportation's Motor Vehicle Safety Office, Highway Safety Section (MVSO) to waive the requirements of Buy America. NHTSA finds that a cost waiver is appropriate for MVSO to purchase eight foreign-made training motorcycles using Federal grant funds because the cost of domestically produced products is twenty-five percent more than the cost of the foreign-made products.
Elimination of the Air Traffic Control Tower Operator Certificate for Controllers Who Hold a Federal Aviation Administration Credential With a Tower Rating
This rulemaking eliminates the requirement for an air traffic control tower operator to hold a control tower operator certificate if the individual also holds a Federal Aviation Administration Credential with a tower rating (FAA Credential). The requirement to hold both the control tower operator certificate and the FAA Credential is redundant since the underlying requirements for the FAA Credential encompass those of the control tower operator certificate. This action will reduce the FAA's burden of administering redundant programs for those individuals who hold an FAA Credential.
Deepwater Port License Application: Liberty Natural Gas LLC, Port Ambrose Deepwater Port
The Maritime Administration (MARAD) and the U.S. Coast Guard (USCG) announce the availability of the Draft Environmental Impact Statement (DEIS) for the Liberty Natural Gas LLC, Port Ambrose Liquefied Natural Gas Deepwater Port License Application for the importation of natural gas. Please note that this application is only for the construction and operation of a deepwater port that could only be used as a natural gas import facility. The considerable technical, operational, and environmental differences between import and export operations for natural gas deepwater ports is such that any licensed deepwater port facility that proposed to convert from import to export operations would be required to submit a new license application (including application fee) and conform to all licensing requirements and regulations in effect at such time of application. In addition to payment of the application fee, licensing requirements include, but are not limited to, completion of an extensive environmental impact assessment and financial resources review which would include public participation. The Port Ambrose application describes an offshore natural gas deepwater port facility that would be located 16.1 nautical miles southeast of Jones Beach, New York, 24.9 nautical miles east of Long Branch, New Jersey, and 27.1 nautical miles from the entrance to New York Harbor in a water depth of approximately 103 feet. The DEIS complies with the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501 et seq.) (DWPA) and the National Environmental Policy Act (NEPA) (Section 102[2][c]), as implemented by Council on Environmental Quality regulations (40 CFR 1500 to 1508). Publication of this notice begins a 60 day comment period, requests public participation in the process, provides information on how to participate in the process, and announces informational open houses and public meetings in New York and New Jersey. Pursuant to the criteria provided in the DWPA, both New Jersey and New York are the Adjacent Coastal States for this application.
Agency Information Collection Activities; Request for Comments; Revision of an Approved Information Collection: Medical Qualification Requirements
In accordance with the Paperwork Reduction Act of 1995, FMCSA 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 and invites public comment. The FMCSA requests to revise an ICR entitled, ``Medical Qualification Requirements,'' due to updated information for several of the Information Collections (ICs) discussed. This ICR is needed to ensure that drivers, motor carriers and the States are complying with the medical qualification requirements of commercial motor vehicle (CMV) drivers. The information collected is used to determine and certify driver medical fitness and must be collected in order for our highways to be safe.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Airbus Model A310 series airplanes. This AD was prompted by a report of early ruptures on the levers of the nose landing gear (NLG) sequence valve. This AD requires a one-time inspection for damage of the landing gear sequence valve levers and pin shearing indicating areas on the NLG and the main landing gears (MLGs); and depending on findings, replacing the sequence valve and lever, or doing a one-time inspection to detect interference between control rods and sequence valves and corrective actions if necessary. We are issuing this AD to detect and correct interference between a landing gear leg and door, which could result in failure of that landing gear to extend and could damage the airplane and injure occupants.
Airworthiness Directives; Dassault Aviation Airplanes
We are adopting a new airworthiness directive (AD) for certain Dassault Aviation Model FALCON 2000 and FALCON 2000EX airplanes. This AD was prompted by a design review, which revealed that the forward servicing compartment (FSC) is configured with tie-down points. This AD requires inspecting the FSC for installed tie-down points, and removing those tie-down points. We are issuing this AD to detect and correct installed tie-down points, which could lead to inadvertent use of the FSC as a cargo compartment, which could result in damage to the structure of the airplane or potential risk of fire.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by reports of fatigue cracking in the skin assembly and bear strap of the aft lower corner of the forward airstair stowage doorway. This AD requires repetitive inspections for cracking of the skin assembly and bear strap of the forward airstair stowage doorway; post-repair and post-modification inspections for certain airplanes; and related investigative and corrective actions, if necessary. This AD also provides optional terminating actions for certain inspections. We are issuing this AD to detect and correct fatigue cracking, which could result in rapid loss of cabin pressure.
Airworthiness Directives; Airbus Airplanes
We are adopting a new airworthiness directive (AD) for certain Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes. This AD was prompted by a report of cracking at the splice plate of the frame (FR) 47 butt joint crossing area found during full-scale fatigue testing. This AD requires repetitive inspections for cracking of both sides of the splice plate of that frame butt joint crossing area, and corrective action if necessary. This AD also provides for an optional modification, which terminates the repetitive inspections. We are issuing this AD to detect and correct fatigue cracking of the splice plate of the FR 47 butt joint crossing area, which could result in reduced structural integrity of the airplane.
Reports, Forms, and Record Keeping Requirements Agency Information Collection Activity Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and the expected burden. The Federal Register Notice with a 60-day comment period was published on June 30, 2014 (79 FR 36865-36867).
Agency Information Collection Activities; New Information Collection: Generic Clearance of Customer Satisfaction Surveys
In accordance with the Paperwork Reduction Act of 1995, FMCSA 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 and invites public comment. Executive Order 12862 directs Federal agencies to provide service to the public that matches or exceeds the best service available in the private sector. In order to work continuously to ensure that our programs are effective and meet our customers' needs, the Federal Motor Carrier Safety Administration (FMCSA) seeks to obtain OMB approval of a generic clearance to collect feedback on our service delivery. By feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. On August 29, 2014, FMCSA published a notice in the Federal Register (79 FR 51639) allowing for a 60-day comment period on this ICR. The agency received no comments in response to that notice.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 10 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 exemption renewals will provide a level of safety that is 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 Mellitus
FMCSA announces receipt of applications from 66 individuals for exemption 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 CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 7 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 exemption renewals will provide a level of safety that is 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; Epilepsy and Seizure Disorders
FMCSA announces its decision to grant requests from 9 individuals for exemptions from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The regulation and the associated advisory criteria published in the Code of Federal Regulations as the ``Instructions for Performing and Recording Physical Examinations'' have resulted in numerous drivers being prohibited from operating CMVs in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified medical examiner. The Agency concluded that granting exemptions for these CMV drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. FMCSA grants exemptions that will allow these 9 individuals to operate CMVs in interstate commerce for a 2-year period. The exemptions preempt State laws and regulations and may be renewed.
Proposed Establishment of Class E Airspace; Hazen, NV
This action proposes to establish Class E airspace at the Hazen VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Hazen, NV, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Oakland Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.
Amendment of Restricted Area Boundary Descriptions; Cape Canaveral, FL
This action makes minor adjustments to the boundary descriptions of restricted areas R-2932, R-2933, R-2934 and R-2935 at Cape Canaveral, FL. The changes are required based on more accurate digital plotting of points that revealed minor mismatches between adjacent boundaries. The R-2933 description is also amended to remove exclusionary wording that no longer applies.
Airworthiness Directives; Sikorsky Aircraft Corporation (Type Certificate Previously Held by Schweizer Aircraft Corporation) Helicopters
We propose to adopt a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (type certificate previously held by Schweizer Aircraft) (Sikorsky) Model 269D and Model 269D Configuration A helicopters. This proposed AD would require reducing the life limit of the ring gear carrier assembly. This proposed AD is prompted by cracks in the ring gear carrier assembly. The proposed actions are intended to reduce the life of the ring gear carrier assembly to prevent failure of the main rotor transmission, loss of engine power to the main rotor, and subsequent loss of control of the helicopter.
Notice of Final Federal Agency Actions on Proposed Highway in California
The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, widen and seismically retrofit the existing Riverside Drive Bridge (53C-1298), located south of the junction of Victory Boulevard, Sonora Avenue and Riverside Drive; and north of Zoo Drive in the Hollywood Community Planning Area in the City and County of Los Angeles, State of California. Those actions grant licenses, permits, and approvals for the project.
Airworthiness Directives; the Boeing Company Airplanes
We propose to adopt a new airworthiness directive (AD) for certain the Boeing Company Model 737-700, -800, and -900ER series airplanes. This proposed AD was prompted by reports of troughs in the skin along the chem-mill pocket edges of certain fuselage crown skin panel assemblies. This proposed AD would require repetitive inspections to detect cracking in the crown skin panel assembly. This proposed AD would also provide optional terminating action for the repetitive inspections. We are proposing this AD to detect and correct cracking from troughs in the chem-mill pocket edges, which could lead to rapid decompression of the airplane.
Airworthiness Directives; Airbus Airplanes
We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A319 and A320 series airplanes. This proposed AD was prompted by a report that fatigue cracking could appear at certain fastener locations in the longeron area below the emergency exit cut- outs. This proposed AD is intended to complete certain mandated programs intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. This proposed AD would require modification of eight fastener locations in the longeron area below the emergency exit cut-outs on the left-hand (LH) and right-hand (RH) sides. We are proposing this AD to detect and correct cracking at certain fastener locations in the longeron area below the emergency exit cut-outs, which could lead to failure of the fasteners and reduced structural integrity of the airplane.
Airworthiness Directives; the Boeing Company Airplanes
We propose to supersede Airworthiness Directive (AD) 2013-14- 05, which applies to certain The Boeing Company Model 747-400 and 747- 400F series airplanes. AD 2013-14-05 currently requires repetitive inspections of the longeron extension fittings for cracking, and related investigative and corrective actions if necessary. AD 2013-14- 05 also provides optional terminating action for the repetitive inspections. Since we issued AD 2013-14-05, we determined that more work is necessary on airplanes on which a terminating action (permanent repair, longeron extension fitting replacement, or modification) was accomplished. This proposed AD would continue to require the requirements of AD 2013-14-05, and would add new repetitive high frequency eddy current (HFEC) inspections of any modified, repaired, or replaced longeron extension fitting for cracking, and applicable related investigative and corrective actions if necessary. We are proposing this AD to detect and correct cracks in the longeron extension fittings, which can become large and adversely affect the structural integrity of the airplane.
Proposed Establishment of Class E Airspace; Maxwell, CA
This action proposes to establish Class E airspace at the Maxwell VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Maxwell, CA, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Oakland Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.
Proposed Establishment of Class E Airspace; Coaldale, NV
This action proposes to establish Class E airspace at the Coaldale VHF Omni-Directional Radio Range Tactical Air Navigation Aid (VORTAC), Coaldale, NV, to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Oakland Air Route Traffic Control Center (ARTCC). The FAA is proposing this action to enhance the safety and management of aircraft operations within the National Airspace System.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA confirms its decision to exempt 78 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce.
Airworthiness Directives; The Boeing Company Airplanes
We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by reports from multiple operators that have found fatigue cracking in the corners of the forward galley service doorway. This AD requires repetitive inspections for any cracking of the skin and bear strap doublers in the corners of the forward galley service doorway, and corrective action if necessary. This AD also provides optional terminating actions for certain repetitive inspections. We are issuing this AD to detect and correct fatigue cracking, which could result in rapid loss of cabin pressure.
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