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71096 Federal Register / Vol. 71, No.

236 / Friday, December 8, 2006 / Proposed Rules

(b) The respondent’s written response authorize the reviewing officer to notify • DOT Docket Web site: Go to
must establish at least one of the the respondent by letter of its final http://dms.dot.gov and follow the
following grounds for challenging the determination. instructions for sending your comments
reason to believe finding and/or civil * * * * * electronically.
money penalty: (d) When the Commission makes a • Government-wide rulemaking Web
(1) The Commission’s reason to final determination under this section, site: Go to http://www.regulations.gov
believe finding is based on a factual the statement of reasons for the and follow the instructions for sending
error. Examples of a factual error Commission action consists of the your comments electronically.
include, but are not limited to, that the reasons provided in the reviewing • Mail: Docket Management Facility,
committee was not required to file or officer’s recommendation, if adopted by U.S. Department of Transportation, 400
that the committee timely filed as the Commission, subject to any Seventh Street, SW., Nassif Building,
described in 11 CFR 100.19 (such as by Commission amendments, additions, Room PL–401, Washington, DC 20590.
timely depositing a paper filing with an substitutions, or statements of reasons. • Fax: (202) 493–2251.
overnight delivery service); • Hand Delivery: Room PL–401 on
Dated: November 30, 2006.
(2) The Commission improperly
Michael E. Toner, the plaza level of the Nassif Building,
calculated the civil money penalty; or
Chairman, Federal Election Commission. 400 Seventh Street, SW., Washington,
(3) The respondent made best efforts
[FR Doc. E6–20735 Filed 12–7–06; 8:45 am] DC, between 9 a.m. and 5 p.m., Monday
to file in a timely manner in that:
through Friday, except Federal holidays.
(i) The respondent was prevented BILLING CODE 6715–01–P
from filing in a timely manner because Contact Empresa Brasileira de
of unforeseen circumstances that were Aeronautica S.A. (EMBRAER), P.O. Box
beyond the control of the respondent; DEPARTMENT OF TRANSPORTATION 343–CEP 12.225, Sao Jose dos Campos–
and SP, Brazil, for service information
(ii) The respondent filed within 24 Federal Aviation Administration identified in this proposed AD.
hours thereafter. FOR FURTHER INFORMATION CONTACT:
(c) Circumstances that will be 14 CFR Part 39 Todd Thompson, Aerospace Engineer,
considered unforeseen and beyond the [Docket No. FAA–2006–26462; Directorate International Branch, ANM–116,
control of respondent include, but are Identifier 2006–NM–221–AD] Transport Airplane Directorate, FAA,
not limited to, a failure of Commission 1601 Lind Avenue, SW., Renton,
computers, Commission-provided RIN 2120–AA64 Washington 98057–3356; telephone
software, or the Internet, and severe (425) 227–1175; fax (425) 227–1149.
Airworthiness Directives; Empresa
weather or other disaster-related SUPPLEMENTARY INFORMATION:
Brasileira de Aeronautica S.A.
incident.
(EMBRAER) Model ERJ 170–100 LR, Comments Invited
(d) Circumstances that will not be
–100 STD, –100 SE, –100 SU, –200 LR,
considered unforeseen and beyond the We invite you to submit any relevant
–200 STD, and –200 SU Airplanes and
control of respondent include, but are written data, views, or arguments
Model ERJ 190 Airplanes
not limited to, negligence; delays caused regarding this proposed AD. Send your
by committee vendors or contractors; AGENCY: Federal Aviation comments to an address listed in the
illness, inexperience, or unavailability Administration (FAA), Department of ADDRESSES section. Include the docket
of the treasurer or other staff; committee Transportation (DOT). number ‘‘FAA–2006–26462; Directorate
computer or software failures; a ACTION: Notice of proposed rulemaking Identifier 2006–NM–221–AD’’ at the
committee’s failure to know filing dates; (NPRM). beginning of your comments. We
or a committee’s failure to use filing specifically invite comments on the
software properly. SUMMARY: The FAA proposes to adopt a
overall regulatory, economic,
(e) Respondent’s written response new airworthiness directive (AD) for environmental, and energy aspects of
must detail the factual basis supporting certain EMBRAER Model ERJ 170–100 the proposed AD. We will consider all
the grounds and include any supporting LR, –100 STD, –100 SE, –100 SU, –200 comments received by the closing date
documentation. LR, –200 STD, and –200 SU airplanes and may amend the proposed AD in
3. In § 111.37, paragraphs (b) and (d) and Model ERJ 190 airplanes. This light of those comments.
are revised to read as follows: proposed AD would require inspecting
We will post all comments we
to determine the part number and serial
§ 111.37 What will the Commission do receive, without change, to http://
number of the deployment actuator of
once it receives the respondent’s written dms.dot.gov, including any personal
the ram air turbine (RAT) and related
response and the reviewing officer’s information you provide. We will also
recommendation? investigative and corrective actions if
post a report summarizing each
necessary. This proposed AD results
* * * * * substantive verbal contact with FAA
from reports that the RAT may not fully
(b) If the Commission, after reviewing personnel concerning this proposed AD.
deploy due to galling between the
the reason to believe finding, the Using the search function of that Web
piston rod and gland housing of the
respondent’s written response, and the site, anyone can find and read the
deployment actuator. We are proposing
reviewing officer’s written comments in any of our dockets,
this AD to prevent the RAT from failing
recommendation, determines by an including the name of the individual
to deploy, which could result in loss of
affirmative vote of at least four (4) of its who sent the comment (or signed the
control of the airplane during in-flight
members, that no violation has occurred comment on behalf of an association,
emergencies.
pwalker on PRODPC60 with PROPOSALS

(either because the Commission had business, labor union, etc.). You may
based its reason to believe finding on a DATES: We must receive comments on review the DOT’s complete Privacy Act
factual error or because the respondent this proposed AD by January 8, 2007. Statement in the Federal Register
made best efforts to file in a timely ADDRESSES: Use one of the following published on April 11, 2000 (65 FR
manner) or otherwise terminates its addresses to submit comments on this 19477–78), or you may visit http://
proceedings, the Commission shall proposed AD. dms.dot.gov.

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Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Proposed Rules 71097

Examining the Docket procedures for investigative and as Appendix 1 of the EMBRAER service
corrective actions, including: bulletins.
You may examine the AD docket on • Deploying the RAT and inspecting
the Internet at http://dms.dot.gov, or in for evidence of galling between the FAA’s Determination and Requirements
person at the Docket Management piston rod and gland housing of the of the Proposed AD
Facility office between 9 a.m. and 5 deployment actuator; These airplane models are
p.m., Monday through Friday, except • Repeating the inspection of the manufactured in Brazil and are type
Federal holidays. The Docket actuator of any RAT that fully deploys certificated for operation in the United
Management Facility office (telephone and displays no evidence of galling as States under the provisions of section
(800) 647–5227) is located on the plaza specified above, until that actuator is 21.29 of the Federal Aviation
level of the Nassif Building at the DOT replaced with a modified and Regulations (14 CFR 21.29) and the
street address stated in the ADDRESSES reidentified or new, improved actuator, applicable bilateral airworthiness
section. Comments will be available in which eliminates the need for the agreement. Pursuant to this bilateral
the AD docket shortly after the Docket repetitive inspections only for that airworthiness agreement, the ANAC has
Management System receives them. actuator; kept the FAA informed of the situation
• Replacing the deployment actuator described above. We have examined the
Discussion of any RAT that fails to fully deploy or ANAC’s findings, evaluated all
The Agência Nacional de Aviação that displays any evidence of galling, as pertinent information, and determined
Civil (ANAC), which is the specified above, with a modified and that we need to issue an AD for
airworthiness authority for Brazil, reidentified or new, improved actuator; airplanes of this type design that are
notified us that an unsafe condition may and certificated for operation in the United
exist on all EMBRAER Model ERJ 170 • Eventually replacing all subject
States.
and ERJ 190 airplanes. The ANAC actuators with modified and reidentified
or new, improved actuators, which Therefore, we are proposing this AD,
advises that it has received reports that which would require doing the actions
the ram air turbine (RAT) may not fully eliminates the need for the repetitive
inspections for all subject actuators. described previously, except as
deploy due to galling between the discussed under ‘‘Differences Among
For actuators having P/N 1703785 and
piston rod and gland housing of the the Proposed AD, the Brazilian
S/Ns 0191 through 0242 inclusive, the
deployment actuator. The galling Airworthiness Directives, and the
service bulletins describe procedures for
resulted in material becoming wedged Service Information.’’
re-identifying the actuators.
between the piston rod and the gland Accomplishing the actions specified
housing. This condition, if not Differences Among the Proposed AD,
in the service information is intended to the Brazilian Airworthiness Directives,
corrected, could lead to the RAT failing adequately address the unsafe
to deploy, which could result in loss of and the Service Information
condition. The ANAC mandated the
control of the airplane during in-flight service information and issued Brazilian The EMBRAER service bulletins
emergencies. airworthiness directives 2006–05–06, specify to inspect for galling between
Relevant Service Information effective June 14, 2006, and 2006–05– the piston rod and gland housing in the
09, effective June 19, 2006, to ensure the deployment actuator; however, this
EMBRAER has issued Service continued airworthiness of these proposed AD would require a ‘‘general
Bulletins 170–24–0026 and 190–24– airplanes in Brazil. visual inspection’’ for such galling. We
0003, both dated December 22, 2005. The EMBRAER service bulletins refer have included a definition of this type
The service bulletins describe to Hamilton Sundstrand Service of inspection in Note 2 of this proposed
procedures for inspecting to determine Bulletin ERPS37A–24–1, dated AD.
the part number (P/N) and serial December 6, 2005, as an additional
Costs of Compliance
number (S/N) of the RAT deployment source of service information for
actuator. For deployment actuators inspecting for galling of the piston rod The following table provides the
having P/N 1703785 and S/N 0004, of the RAT deployment actuator and re- estimated costs for U.S. operators to
0005, or 0101 through 0190 inclusive, identifying the actuator. The Hamilton comply with this proposed AD, at an
the service bulletins describe Sundstrand service bulletin is included average labor rate of $80 per hour.

ESTIMATED COSTS
Work Number of U.S.-registered
Action Cost per airplane Fleet cost
hours airplanes

Inspection to determine part and serial numbers ......... 1 $80 .................................... 76 ...................................... $6,080.
Inspection of piston rod ................................................. 1 $80, per inspection cycle .. Up to 76 ............................ Up to $6,080, per
inspection cycle.
Replacement of RAT deployment actuator ................... 4 $320 .................................. Up to 76 ............................ Up to $24,320.

Authority for This Rulemaking detail the scope of the Agency’s for practices, methods, and procedures
authority. the Administrator finds necessary for
Title 49 of the United States Code We are issuing this rulemaking under safety in air commerce. This regulation
pwalker on PRODPC60 with PROPOSALS

specifies the FAA’s authority to issue the authority described in subtitle VII, is within the scope of that authority
rules on aviation safety. Subtitle I, part A, subpart III, section 44701, because it addresses an unsafe condition
section 106, describes the authority of ‘‘General requirements.’’ Under that that is likely to exist or develop on
the FAA Administrator. Subtitle VII, section, Congress charges the FAA with products identified in this rulemaking
Aviation Programs, describes in more promoting safe flight of civil aircraft in action.
air commerce by prescribing regulations

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71098 Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Proposed Rules

Regulatory Findings and –100 IGW airplanes, as identified in (i) If the RAT does not fully deploy or if
EMBRAER Service Bulletin 190–24–0003, it deploys with hesitation: Before further
We have determined that this dated December 22, 2005; certificated in any flight, replace the RAT deployment actuator
proposed AD would not have federalism category. with a modified and reidentified or new,
implications under Executive Order improved actuator, having P/N 1703785A.
Unsafe Condition
13132. This proposed AD would not (ii) If the RAT fully deploys without
have a substantial direct effect on the (d) This AD results from reports that the hesitation: Before further flight, perform a
States, on the relationship between the ram air turbine (RAT) may not fully deploy general visual inspection for galling of the
due to galling between the piston rod and piston rod of the RAT deployment actuator.
national Government and the States, or gland housing of the RAT deployment If no evidence of galling is detected, repeat
on the distribution of power and actuator. We are issuing this AD to prevent the inspection for galling at intervals not to
responsibilities among the various the RAT from failing to deploy, which could exceed 1,200 flight hours or 5 months,
levels of government. result in loss of control of the airplane during whichever occurs first, and before further
For the reasons discussed above, I in-flight emergencies. flight after each deployment of the RAT. If
certify that the proposed regulation: Compliance any evidence of galling is found, before
1. Is not a ‘‘significant regulatory further flight, replace the RAT deployment
action’’ under Executive Order 12866; (e) You are responsible for having the actuator with a modified and reidentified or
actions required by this AD performed within new, improved RAT deployment actuator
2. Is not a ‘‘significant rule’’ under the
the compliance times specified, unless the having P/N 1703785A. Replacing the RAT
DOT Regulatory Policies and Procedures actions have already been done.
(44 FR 11034, February 26, 1979); and deployment actuator terminates the repetitive
3. Will not have a significant Service Bulletin Reference inspections required by this paragraph for
that RAT deployment actuator only.
economic impact, positive or negative, (f) The term ‘‘service bulletin,’’ as used in
on a substantial number of small entities this AD, means the Accomplishment Note 2: For the purposes of this AD, a
Instructions of the service bulletins identified general visual inspection is: ‘‘A visual
under the criteria of the Regulatory examination of an interior or exterior area,
Flexibility Act. in paragraphs (f)(1) and (f)(2) of this AD.
Where these service bulletins specify installation, or assembly to detect obvious
We prepared a regulatory evaluation returning affected parts to Hamilton damage, failure, or irregularity. This level of
of the estimated costs to comply with Sundstrand, this AD does not require that inspection is made from within touching
this proposed AD and placed it in the action. distance unless otherwise specified. A mirror
AD docket. See the ADDRESSES section (1) For Model ERJ 170–100 LR, –100 STD, may be necessary to ensure visual access to
for a location to examine the regulatory –100 SE, and –100 SU airplanes: EMBRAER all surfaces in the inspection area. This level
evaluation. Service Bulletin 170–24–0026, dated of inspection is made under normally
December 22, 2005. available lighting conditions such as
List of Subjects in 14 CFR Part 39 (2) For Model ERJ 190–100 STD, –100 LR, daylight, hangar lighting, flashlight, or
and –100 IGW airplanes: EMBRAER Service droplight and may require removal or
Air transportation, Aircraft, Aviation
Bulletin 190–24–0003, dated December 22, opening of access panels or doors. Stands,
safety, Safety. 2005. ladders, or platforms may be required to gain
The Proposed Amendment Note 1: The EMBRAER service bulletins proximity to the area being checked.’’
refer to Hamilton Sundstrand Service (3) If the part number of the RAT
Accordingly, under the authority Bulletin ERPS37A–24–1, dated December 6, deployment actuator is P/N 1703785, and the
delegated to me by the Administrator, 2005, as an additional source of service serial number is S/N 0191 through 0242
the FAA proposes to amend 14 CFR part information for inspecting for galling of the inclusive: Within 3,000 flight hours or 12
39 as follows: piston rod of the RAT deployment actuator months after the effective date of this AD,
and re-identifying the actuator. The Hamilton whichever occurs first, reidentify the RAT
PART 39—AIRWORTHINESS Sundstrand service bulletin is included as deployment actuator with new P/N
DIRECTIVES Appendix 1 of the EMBRAER service 1703785A in accordance with the applicable
bulletins. service bulletin.
1. The authority citation for part 39
continues to read as follows: Inspection To Determine Part Number (P/N) Terminating Action for Repetitive
and Serial Number (S/N) Inspections
Authority: 49 U.S.C. 106(g), 40113, 44701.
(g) Within 600 flight hours or 3 months (h) Within 3,000 flight hours or 12 months
§ 39.13 [Amended] after the effective date of this AD, whichever after the effective date of this AD, whichever
2. The Federal Aviation occurs first: Inspect to determine the part occurs first: Replace all RAT deployment
Administration (FAA) amends § 39.13 number and serial number of the RAT actuators having P/N 1703785 and having S/
deployment actuator, in accordance with the N 0004, 0005, or 0101 through 190 inclusive,
by adding the following new applicable service bulletin. A review of with modified and reidentified or new,
airworthiness directive (AD): airplane maintenance records is acceptable in improved actuators having P/N 1703785A, in
Empresa Brasileira de Aeronautica S.A. lieu of this inspection if the part number and accordance with the applicable service
(EMBRAER): Docket No. FAA–2006– serial number of the RAT deployment bulletin. Replacing all of the RAT
26462; Directorate Identifier 2006–NM– actuator can be conclusively determined deployment actuators terminates the
221–AD. from that review. repetitive inspections required by paragraph
(1) If the part number of the actuator is not (g)(2)(ii) of this AD.
Comments Due Date P/N 1703785: No further action is required by
(a) The FAA must receive comments on this AD, except as provided by paragraph (i) Parts Installation
this AD action by January 8, 2007. of this AD. (i) As of the effective date of this AD, no
(2) If the part number of the actuator is person may install a RAT deployment
Affected ADs P/N 1703785 and the serial number is S/N actuator having P/N 1703785 on any
(b) None. 0004, 0005, or 0101 through 0190 inclusive, airplane.
or the part number or serial number cannot
Applicability Alternative Methods of Compliance
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be conclusively determined: Within 600


(c) This AD applies to all EMBRAER Model flight hours or 3 months after the effective (AMOCs)
ERJ 170–100 LR, –100 STD, –100 SE, –100 date of this AD, whichever occurs first, (j)(1) The Manager, International Branch,
SU, –200 LR, –200 STD, and –200 SU deploy the RAT, and do the actions specified ANM–116, Transport Airplane Directorate,
airplanes, as identified in EMBRAER Service in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, FAA, has the authority to approve AMOCs
Bulletin 170–24–0026, dated December 22, as applicable, in accordance with the for this AD, if requested in accordance with
2005; and Model ERJ 190–100 STD, –100 LR, applicable service bulletin. the procedures found in 14 CFR 39.19.

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Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Proposed Rules 71099

(2) Before using any AMOC approved in • Mail: Docket Management Facility, street address stated in the ADDRESSES
accordance with § 39.19 on any airplane to U.S. Department of Transportation, 400 section. Comments will be available in
which the AMOC applies, notify the Seventh Street, SW., Nassif Building, the AD docket shortly after the Docket
appropriate principal inspector in the FAA room PL–401, Washington, DC 20590.
Flight Standards Certificate Holding District Management System receives them.
• Fax: (202) 493–2251.
Office. • Hand Delivery: Room PL–401 on Discussion
Related Information the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington, We have received a report indicating
(k) Brazilian airworthiness directives
2006–05–06, effective June 14, 2006, and DC, between 9 a.m. and 5 p.m., Monday that a number (No.) 3 window departed
2006–05–09, effective June 19, 2006, also through Friday, except Federal holidays. in-flight from a Boeing Model 747
address the subject of this AD. Contact Boeing Commercial airplane. Loss of the window resulted in
Issued in Renton, Washington, on
Airplanes, P.O. Box 3707, Seattle, rapid loss of cabin pressure, and the
November 24, 2006. Washington 98124–2207, for the service flightcrew made an emergency landing.
Kalene C. Yanamura, information identified in this proposed The airplane had accumulated 36,131
AD. total flight hours and 5,607 total flight
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: Gary cycles. Investigation revealed that a
Oltman, Aerospace Engineer, Airframe crack was present in the fail-safe
[FR Doc. E6–20856 Filed 12–7–06; 8:45 am]
Branch, ANM–120S, FAA, Seattle interlayer of the No. 3 window, along
BILLING CODE 4910–13–P
Aircraft Certification Office, 1601 Lind the inner edge of the window’s
Avenue, SW., Renton, Washington aluminum edge insert. When the
DEPARTMENT OF TRANSPORTATION 98057–3356; telephone (425) 917–6443; structural inner glass pane cracked due
fax (425) 917–6590. to an electrical arcing event
Federal Aviation Administration SUPPLEMENTARY INFORMATION:
unassociated with the interlayer
Comments Invited cracking, the interlayer was not able to
14 CFR Part 39 support the cabin pressurization load
We invite you to submit any relevant
[Docket No. FAA–2006–26441; Directorate written data, views, or arguments and the window departed from the
Identifier 2006–NM–204–AD] airplane. Subsequently, Boeing and
regarding this proposed AD. Send your
RIN 2120–AA64 comments to an address listed in the some operators have also found cracks
ADDRESSES section. Include the docket in the fail-safe interlayer of certain No.
Airworthiness Directives; Boeing number ‘‘FAA–2006–26441; Directorate 2 and No. 3 glass windows, on many
Model 747 Airplanes Identifier 2006–NM–204–AD’’ at the Model 747 airplanes. This condition, if
AGENCY: Federal Aviation beginning of your comments. We not corrected, could result in loss of the
Administration (FAA), Department of specifically invite comments on the window and consequent rapid loss of
Transportation (DOT). overall regulatory, economic, cabin pressure. Loss of the window
ACTION: Notice of proposed rulemaking environmental, and energy aspects of could also result in crew
(NPRM). the proposed AD. We will consider all communication difficulties or
comments received by the closing date incapacitation of the crew.
SUMMARY: The FAA proposes to adopt a and may amend the proposed AD in
new airworthiness directive (AD) for all light of those comments. Relevant Service Information
Boeing Model 747 airplanes. This We will post all comments we
proposed AD would require an receive, without change, to http:// We have reviewed Boeing Alert
inspection of the number (No.) 2 and dms.dot.gov, including any personal Service Bulletin 747–56A2012, dated
No. 3 windows on the left and right information you provide. We will also August 24, 2006. The service bulletin
sides of the airplane to determine their post a report summarizing each describes procedures for doing a one-
part numbers, and related investigative substantive verbal contact with FAA time inspection of the No. 2 and No. 3
and corrective actions if necessary. This personnel concerning this proposed AD. windows on the left and right sides of
proposed AD results from loss of a No. Using the search function of that Web the airplane to determine their part
3 window in-flight. We are proposing site, anyone can find and read the numbers (P/Ns) and doing related
this AD to detect and correct cracking in comments in any of our dockets, investigative and corrective actions if
the fail-safe interlayer of certain No. 2 including the name of the individual necessary. The service bulletin states
and No. 3 glass windows, which could who sent the comment (or signed the that, instead of an inspection to
result in loss of the window and comment on behalf of an association, determine the part number of a window,
consequent rapid loss of cabin pressure. business, labor union, etc.). You may a review of maintenance records is
Loss of the window could also result in review DOT’s complete Privacy Act acceptable if the part number of the
crew communication difficulties or Statement in the Federal Register window can be positively determined
incapacitation of the crew. published on April 11, 2000 (65 FR from that review. The service bulletin
DATES: We must receive comments on 19477–78), or you may visit http:// also states that if acrylic windows
this proposed AD by January 22, 2007. dms.dot.gov. having P/N 65B07639–( ) or 65B07640–
ADDRESSES: Use one of the following ( ) are installed, no further inspections
Examining the Docket
addresses to submit comments on this are necessary. The service bulletin also
proposed AD. You may examine the AD docket on
states that if the part number of the left
• DOT Docket Web site: Go to the Internet at http://dms.dot.gov, or in
http://dms.dot.gov and follow the person at the Docket Management No. 2 window, left No. 3 window, right
pwalker on PRODPC60 with PROPOSALS

instructions for sending your comments Facility office between 9 a.m. and 5 No. 2 window, or right No. 3 window
electronically. p.m., Monday through Friday, except cannot be identified, you must assume
• Government-wide rulemaking Web Federal holidays. The Docket that it is P/N 65B27042–1, 65B27043–1,
site: Go to http://www.regulations.gov Management Facility office (telephone 65B27042–2, or 65B27043–2,
and follow the instructions for sending (800) 647–5227) is located on the plaza respectively. If glass windows having
your comments electronically. level of the Nassif Building at the DOT

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