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18216 Federal Register / Vol. 71, No.

69 / Tuesday, April 11, 2006 / Rules and Regulations

southeast by a line drawn from the Dated: March 23, 2006. provided, unless the comment includes
Naval Academy Light at latitude Larry L. Hereth, Confidential Business Information (CBI)
38°58′39.5″ N., longitude 076°28′49″ W. Rear Admiral, U.S. Coast Guard, Commander, or other information whose disclosure is
thence southeast to a point 700 yards Fifth Coast Guard District. restricted by statute. Information that
east of Chinks Point, MD at latitude [FR Doc. 06–3422 Filed 4–10–06; 8:45 am] you consider CBI or otherwise protected
38°58′1.9″ N., longitude 076°28′1.7″ W. BILLING CODE 4910–15–P should be clearly identified as such and
thence northeast to Greenbury Point at should not be submitted through
latitude 38°58′29″ N., longitude www.regulations.gov or e-mail.
076°27′16″ W. All coordinates reference ENVIRONMENTAL PROTECTION WWW.regulations.gov is an
Datum NAD 1983. AGENCY ‘‘anonymous access’’ system, and EPA
(b) Definitions. (1) Coast Guard Patrol will not know your identity or contact
Commander means a commissioned, 40 CFR Part 52 information unless you provide it in the
warrant, or petty officer of the Coast body of your comment. If you send e-
Guard who has been designated by the [EPA–R09–OAR–2006–0171; FRL–8053–2]
mail directly to EPA, your e-mail
Commander, Coast Guard Sector Revisions to the California State address will be automatically captured
Baltimore. Implementation Plan, San Joaquin and included as part of the public
(2) Official Patrol means any vessel
Valley Unified Air Pollution Control comment. If EPA cannot read your
assigned or approved by Commander,
District and South Coast Air Quality comment due to technical difficulties
Coast Guard Sector Baltimore with a
Management District and cannot contact you for clarification,
commissioned, warrant, or petty officer
EPA may not be able to consider your
on board and displaying a Coast Guard AGENCY: Environmental Protection comment.
ensign. Agency (EPA).
(c) Special local regulations. (1) ACTION: Direct final rule.
Docket: The index to the docket for
Except for persons or vessels authorized this action is available electronically at
by the Coast Guard Patrol Commander, SUMMARY: EPA is taking direct final http://www.regulations.gov and in hard
no person or vessel may enter or remain action to approve revisions to the San copy at EPA Region IX, 75 Hawthorne
in the regulated area. Joaquin Valley Unified Air Pollution Street, San Francisco, California. While
(2) The operator of any vessel in the Control District (SJVUAPCD) and South all documents in the docket are listed in
immediate vicinity of the regulated area Coast Air Quality Management District the index, some information may be
shall: (SCAQMD) portions of the California publicly available only at the hard copy
(i) Stop the vessel immediately when State Implementation Plan (SIP). These location (e.g., copyrighted material), and
directed to do so by any Official Patrol revisions concern particulate matter some may not be publicly available in
and then proceed only as directed. (PM–10) emissions from open burning either location (e.g., CBI). To inspect the
(ii) All persons and vessels shall and volatile organic compound (VOC) hard copy materials, please schedule an
comply with the instructions of the emissions from gasoline storage and appointment during normal business
Official Patrol. transfer. We are approving local rules hours with the contact listed in the FOR
(3) Any spectator vessel may anchor that regulate these emission sources FURTHER INFORMATION CONTACT section.
outside of the regulated area specified in under the Clean Air Act as amended in
paragraph (a)(1) of this section but may FOR FURTHER INFORMATION CONTACT: Al
1990 (CAA or the Act). Petersen, EPA Region IX, (415) 947–
not block a navigable channel.
DATES: This rule is effective on June 12, 4118, petersen.alfred@epa.gov.
(d) Enforcement period. (1) This
section will be enforced from 5 a.m. to 2006 without further notice, unless EPA
receives adverse comments by May 11, SUPPLEMENTARY INFORMATION:
6 p.m. on the following days and if the Throughout this document, ‘‘we’’ ‘‘us’’
event’s daily activities should conclude 2006. If we receive such comments, we
will publish a timely withdrawal in the and ‘‘our’’ refer to EPA.
prior to 6 p.m., enforcement of this
section may be terminated for that day Federal Register to notify the public Table of Contents
at the discretion of the Patrol that this direct final rule will not take I. The State’s Submittal
Commander. Enforcement will be effect. A. What rules did the State submit?
during, and 30 minutes before each of ADDRESSES: Submit comments, B. Are there other versions of these rules?
the following annual events: identified by docket number EPA–R09– C. What is the purpose of the submitted
(i) Safety at Sea Seminar, April 1, OAR–2006–0171, by one of the rule revisions?
following methods: II. EPA’s Evaluation and Action
2006; A. How is EPA evaluating the rules?
(ii) Naval Academy Crew Races, • Federal eRulemaking Portal: http://
B. Do the rule revisions meet the
March 25, April 15, April 22, April 23, www.regulations.gov. Follow the on-line evaluation criteria?
May 12 and May 28, 2006; instructions. C. Public comment and final action
(iii) Blue Angels Air Show, May 23 • E-mail: steckel.andrew@epa.gov. III. Statutory and Executive Order Reviews
and May 24, 2006. • Mail or deliver: Andrew Steckel
(2) The Commander, Fifth Coast (Air–4), U.S. Environmental Protection I. The State’s Submittal
Guard District will publish a notice in Agency Region IX, 75 Hawthorne Street, A. What Rules Did the State Submit?
the Fifth Coast Guard District Local San Francisco, CA 94105.
Notice to Mariners announcing the Instructions: All comments will be Table 1 lists the rules we are
specific event times. included in the public docket without approving with the dates that the
(e) Effective period. This section is change and may be made available amended rules were adopted by the
effective from March 25, 2006 through online at http://www.regulations.gov, local air agencies and submitted by the
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June 1, 2006. including any personal information California Air Resources Board (CARB).

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Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations 18217

TABLE 1.—SUBMITTED RULES FOR DIRECT FINAL APPROVAL


Local agency Rule # Rule title Amended Submitted

SJVUAPCD .................................. 4103 Open Burning .................................................................................... 05/19/05 10/20/05


SCAQMD ..................................... 461 Gasoline Storage and Transfer ......................................................... 06/03/05 10/20/05

On November 22, 2005, these rule for the burning of rice stubble up to EPA’s technical support document
submittals were found to meet the 70% of the rice acreage farmed. (TSD) has more information about these
completeness criteria in 40 CFR part 51 • 4103.5.5.3: Until June 1, 2010 rules.
appendix V, which must be met before permits may be issued for the burning II. EPA’s Evaluation and Action
formal EPA review. of prunings from apple crops, pear
crops, fig crops, and quince crops and A. How Is EPA Evaluating the Rules?
B. Are There Other Versions of These
for weed abatement affecting surface Generally, SIP rules must be
Rules?
waterways, including pond and levee enforceable (see section 110(a) of the
We approved a version of SJVUAPCD banks. CAA) and must not relax existing
Rule 4103 into the SIP on April 25, 2005 • 4103.5.5.4: As of June 1, 2005 requirements (see sections 110(l) and
(70 FR 21151). We approved a version owner/operators shall use at least one of 193).
of SCAQMD Rule 461 into the SIP on fourteen Best Management Practices SIP rules must require for major
February 22, 2005 (70 FR 8520). listed in attachment 1 of Rule 4103 for sources reasonably available control
C. What Is the Purpose of the Submitted the control of star thistle, dodder weeds, measures (RACM), including reasonably
Rule Revisions? tumble weeds, noxious weeds, and available control technology (RACT), in
weeds located along ditch banks or moderate PM–10 nonattainment areas
Section 110(a) of the Clean Air Act canal banks and shall use one of three (see section 189(a)) or must require for
(CAA) requires states to submit listed Best Management Practices for major sources best available control
regulations that control volatile organic disposal of pesticide or fertilizer sacks. measures (BACM), including best
compounds, nitrogen oxides, particulate The APCO may approve any alternative available control technology (BACT), in
matter, and other air pollutants which practice that is demonstrated to be at serious PM–10 nonattainment areas (see
harm human health and the least as effective in controlling section 189(b)). SJVUAPCD regulates a
environment. These rules were emissions as the listed practices. serious PM–10 nonattainment area (see
developed as part of the local air The purposes of SCAQMD Rule 461 40 CFR part 81), so SJVUAPCD Rule
district’s programs to control these revisions relative to the SIP rule are as 4103 must fulfill the requirements of
pollutants. follows: BACM/BACT.
The primary purpose of the • 461(c)(1)(B) and 461(c)(2)(B): The SIP rules in ozone nonattainment
SJVUAPCD Rule 4103 revisions relative rule adds the requirements for training areas must require RACT for major
to the SIP rule is to add provisions to of installer/contractors in a sources of VOC (see section
the rule in order to be consistent with manufacturer’s program for Phase I and 182(a)(2)(A)). The SCAQMD regulates a
California Health and Safety Code II vapor recovery equipment by June 30, 1-hour ozone nonattainment area (see 40
sections 41855.5 and 41855.6 as follows: 2006. CFR part 81), so Rule 461 must fulfill
• 4103.5.5.1.1: As of June 1, 2005 no • 461(c)(3)(M): The rule adds the the requirements of RACT. SIP rules
permit shall be issued for the burning requirement for a non-retail transfer and regulating gasoline storage and transfer
waste from the field crops of alfalfa, dispensing facility to have an operating must also provide for vapor recovery
asparagus, barley stubble, beans, corn, and maintenance manual with from the fueling of motor vehicles (see
cotton, flower straw, hay, lemon grass, manufacturer required maintenance section 182(a)(3)).
oat stubble, pea vines, peanuts, procedures delineated. Guidance and policy documents that
safflower, sugar cane, vegetable crops, • 461(e)(2)(A) and 461(f): The rule we use to help evaluate specific
and wheat stubble. adds the requirement for additional enforceability and RACT requirements
• 4103.5.5.1.2: As of June 1, 2005 no reverification tests and test procedures, consistently include the following:
• Requirements for Preparation,
permit shall be issued for the burning of as applicable, for static torque of
Adoption, and Submittal of
prunings from apricot crops, avocado rotatable adaptors, leak rate of the drop
Implementation Plans, U.S. EPA, 40
crops, bushberry crops, cherry crops, tube/drain valve assembly, leak rate of
CFR part 51.
Christmas trees, citrus crops, date crops, the drop tube overfill protection device • PM–10 Guideline Document (EPA–
eucalyptus crops, kiwi crops, nectarine and spill container drain valve, and the 452/R–93–008).
crops, nursery prunings, olive crops, leak rate and cracking pressure of • Portions of the proposed post-1987
pasture or corral trees, peach crops, pressure/vacuum vent valves. ozone and carbon monoxide policy that
persimmon crops, pistachio crops, plum • 461(e)(7)(E): The rule adds the concern RACT, 52 FR 45044 (November
crops, pluot crops, pomegranate crops, requirement for a record of training for 24, 1987).
prune crops, and rose crops. the installer/contractor for installation • Issues Relating to VOC Regulation
• 4103.5.5.1.3: As of June 1, 2005 no of Enhanced Vapor Recovery Cutpoints, Deficiencies, and Deviations,
permit shall be issued for weed Equipment. EPA (May 25, 1988) (the Bluebook).
abatement from berms, fence rows, • 461(g)(1): The rule deletes after July • Guidance Document for Correcting
pasture, grass, and Bermuda grass. 1, 2007 the exemption for a storage tank Common VOC & Other Rule
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• 4103.5.5.2: Between June 1, 2005 with more than 75% of its throughput Deficiencies, EPA Region IX (August 21,
and June 1, 2008 permits may be issued used for implements of husbandry. 2001) (the Little Bluebook).
for the burning of rice stubble up to • 461(g)(2): The rule adds an • Draft Model Rule, Gasoline
100% of the rice acreage farmed and exemption for fueling the Tournament Dispensing Facility—Stage II Vapor
between June 1, 2008 and June 1, 2010 of Roses Parade floats. Recovery, EPA (August 17, 1992).

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18218 Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations

• Gasoline Vapor Recovery entities under the Regulatory Flexibility agency promulgating the rule must
Guidelines, EPA Region IX (April 24, Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a
2000). rule approves pre-existing requirements copy of the rule, to each House of the
under state law and does not impose Congress and to the Comptroller General
B. Do the Rule Revisions Meet the
any additional enforceable duty beyond of the United States. EPA will submit a
Evaluation Criteria?
that required by state law, it does not report containing this rule and other
We believe these rules are consistent contain any unfunded mandate or required information to the U.S. Senate,
with the relevant policy and guidance significantly or uniquely affect small the U.S. House of Representatives, and
regarding enforceability, SIP relaxations, governments, as described in the the Comptroller General of the United
BACM/BACT, RACT, and the special Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in
requirements for gasoline vapor (Public Law 104–4). the Federal Register. A major rule
recovery from fueling motor vehicles. This rule also does not have tribal cannot take effect until 60 days after it
The TSD has more information on our implications because it will not have a is published in the Federal Register.
evaluation. substantial direct effect on one or more This action is not a ‘‘major rule’’ as
C. Public Comment and Final Action Indian tribes, on the relationship defined by 5 U.S.C. 804(2).
between the Federal Government and Under section 307(b)(1) of the Clean
As authorized in section 110(k)(3) of Indian tribes, or on the distribution of Air Act, petitions for judicial review of
the CAA, EPA is fully approving the power and responsibilities between the this action must be filed in the United
submitted SJVUAPCD Rule 4103 and Federal Government and Indian tribes, States Court of Appeals for the
SCAQMD Rule 461 because we believe as specified by Executive Order 13175 appropriate circuit by June 12, 2006.
they fulfill all relevant requirements. (65 FR 67249, November 9, 2000). This Filing a petition for reconsideration by
We do not think anyone will object to action also does not have federalism the Administrator of this final rule does
this approval, so we are finalizing it implications because it does not have not affect the finality of this rule for the
without proposing it in advance. substantial direct effects on the States, purposes of judicial review nor does it
However, in the Proposed Rules section on the relationship between the extend the time within which a petition
of this Federal Register, we are National Government and the States, or for judicial review may be filed, and
simultaneously proposing approval of on the distribution of power and shall not postpone the effectiveness of
the same submitted rules. If we receive responsibilities among the various such rule or action. This action may not
adverse comments by May 11, 2006, we levels of government, as specified in be challenged later in proceedings to
will publish a timely withdrawal in the Executive Order 13132 (64 FR 43255, enforce its requirements. (See section
Federal Register to notify the public August 10, 1999). This action merely 307(b)(2).)
that the direct final approval will not approves a state rule implementing a
take effect and we will address the Federal standard, and does not alter the List of Subjects in 40 CFR Part 52
comments in a subsequent final action relationship or the distribution of power Environmental protection, Air
based on the proposal. If we do not and responsibilities established in the pollution control, Incorporation by
receive timely adverse comments, the Clean Air Act. This rule also is not reference, Intergovernmental relations,
direct final approval will be effective subject to Executive Order 13045, Ozone, Particulate matter, Reporting
without further notice on June 12, 2006. ‘‘Protection of Children from and recordkeeping requirements,
This will incorporate these rules into Environmental Health Risks and Safety Volatile organic compounds.
the federally enforceable SIP. Risks’’ (62 FR 19885, April 23, 1997),
Please note that if EPA receives Dated: March 7, 2006.
because it is not economically
adverse comment on an amendment, significant. Wayne Nastri,
paragraph, or section of this rule and if In reviewing SIP submissions, EPA’s Regional Administrator, Region IX.
that provision may be severed from the role is to approve state choices, ■ Part 52, chapter I, title 40 of the Code
remainder of the rule, EPA may adopt provided that they meet the criteria of of Federal Regulations is amended as
as final those provisions of the rule that the Clean Air Act. In this context, in the follows:
are not the subject of an adverse absence of a prior existing requirement
comment. for the State to use voluntary consensus PART 52—[AMENDED]
standards (VCS), EPA has no authority
III. Statutory and Executive Order ■ 1. The authority citation for part 52
to disapprove a SIP submission for
Reviews continues to read as follows:
failure to use VCS. It would thus be
Under Executive Order 12866 (58 FR inconsistent with applicable law for Authority: 42 U.S.C. 7401 et seq.
51735, October 4, 1993), this action is EPA, when it reviews a SIP submission,
not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission Subpart F—California
therefore is not subject to review by the that otherwise satisfies the provisions of ■ 2. Section 52.220 is amended by
Office of Management and Budget. For the Clean Air Act. Thus, the adding paragraph (c)(342)(i)(B) and (C)
this reason, this action is also not requirements of section 12(d) of the to read as follows:
subject to Executive Order 13211, National Technology Transfer and
‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. § 52.220 Identification of plan.
Significantly Affect Energy Supply, 272 note) do not apply. This rule does * * * * *
Distribution, or Use’’ (66 FR 28355, May not impose an information collection (c) * * *
22, 2001). This action merely approves burden under the provisions of the (342) * * *
state law as meeting Federal Paperwork Reduction Act of 1995 (44 (i) * * *
requirements and imposes no additional U.S.C. 3501 et seq.). (B) San Joaquin Valley Unified Air
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requirements beyond those imposed by The Congressional Review Act, 5 Pollution Control District.
state law. Accordingly, the U.S.C. 801 et seq., as added by the Small (1) Rule 4103, adopted on June 18,
Administrator certifies that this rule Business Regulatory Enforcement 1992 and amended on May 19, 2005.
will not have a significant economic Fairness Act of 1996, generally provides (C) South Coast Air Quality
impact on a substantial number of small that before a rule may take effect, the Management District.

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Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations 18219

(1) Rule 461, adopted on January 9, ADDRESSES: EPA has established docket ACTION: Direct final rule.
1976 and amended on June 3, 2005. number EPA–R09–OAR–2005–0557 for
this action. The index to the docket is SUMMARY: The Environmental Protection
[FR Doc. 06–3401 Filed 4–10–06; 8:45 am] Agency (EPA) is taking direct final
available electronically at
BILLING CODE 6560–50–P
www.regulations.gov and in hard copy action to exempt entities that import
at EPA Region IX, 75 Hawthorne Street, aircraft fire extinguishing spherical
San Francisco, California. While all pressure vessels containing halon-1301
ENVIRONMENTAL PROTECTION (‘‘aircraft halon bottles’’) for hydrostatic
AGENCY documents in the docket are listed in
the index, some information may be testing from the import petitioning
40 CFR Part 52 publicly available only at the hard copy requirements for used controlled
location (e.g., copyrighted material), and substances. The petitioning
[EPA–R09–OAR–2005–0557d; FRL–8052–9] some may not be publicly available in requirements compel importers to
either location (e.g., CBI). To inspect the submit detailed information to the
Partial Removal of Direct Final Rule Administrator concerning the origins of
hard copy materials, please schedule an
Revising the California State the substance at least forty working days
appointment during normal business
Implementation Plan, Yolo-Solano Air before a shipment is to leave a foreign
hours with the contact listed in the FOR
Quality Management District port of export. This direct final rule
FURTHER INFORMATION CONTACT section.
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT:
reduces the administrative burden on
Agency (EPA). Jerald S. Wamsley, EPA Region IX, at entities that are importing aircraft halon
either (415) 947–4111, or bottles for the purpose of maintaining
ACTION: Partial removal of direct final
wamsley.jerry@epa.gov. these bottles to commercial safety
rule. specifications and standards set forth in
SUPPLEMENTARY INFORMATION: Federal Aviation Administration
SUMMARY: On February 1, 2006 (71 FR
5172), EPA published a direct final List of Subjects in 40 CFR Part 52 airworthiness directives. This direct
approval of a revision to the California final rule does not exempt entities that
Environmental protection, Air wish to import bulk quantities of halon-
State Implementation Plan (SIP). This pollution control, Intergovernmental
revision concerned Yolo-Solano Air 1301 in containers that are not being
relations, Ozone, Reporting and imported for purposes of hydrostatic
Quality Management District recordkeeping requirements, Volatile
(YSAQMD) Rule 2.21, Organic Liquid testing.
organic compounds.
Storage and Transfer. The direct final DATES: The direct final rule is effective
action was published without prior Dated: March 21, 2006.
on June 12, 2006 without further notice,
proposal because EPA anticipated no Wayne Nastri, unless EPA receives adverse comments
adverse comment. The direct final rule Regional Administrator, Region IX. by May 11, 2006, or by May 26, 2006 if
stated that if adverse comments were ■ Part 52, chapter I, title 40 of the Code a hearing is requested. If adverse
received by March 3, 2006, EPA would of Federal Regulations is amended as comments are received, EPA will
publish a timely withdrawal in the follows: publish a timely withdrawal in the
Federal Register. EPA received timely Federal Register informing the public
adverse comments. Consequently, with PART 52—[AMENDED] that this rule will not take effect. If
this action we are removing the direct ■ 1. The authority citation for part 52 anyone contacts the EPA requesting to
final approval of YSAQMD rule 2.21. continues to read as follows: speak at a public hearing by April 21,
EPA will either address the comments 2006, a public hearing will be held on
in a subsequent final action based on Authority: 42 U.S.C. 7401 et seq. April 25, 2006.
the parallel proposal also published on ADDRESSES: Submit your comments,
February 1, 2006 (71 FR 5211), or Subpart F—California identified by Docket ID No. OAR–2005–
propose an alternative action. As stated 0131, by one of the following methods:
§ 52.220 [Amended]
in the parallel proposal, EPA will not • http://www.regulations.gov: Follow
institute a second comment period on a ■ 2. Section 52.220 is amended by the on-line instructions for submitting
subsequent final action. removing and reserving paragraph comments.
On February 1, 2006 (71 FR 5174), (c)(342)(i)(A). • E-mail: A-and-R-docket@epa.gov.
EPA also published an interim final [FR Doc. 06–3403 Filed 4–10–06; 8:45 am] • Fax: 202–343–2337, attn: Hodayah
determination to stay CAA section 179 BILLING CODE 6560–50–P Finman.
sanctions associated with YSAQMD • Mail: Air Docket, Environmental
Rule 2.21 based on our concurrent Protection Agency, Mailcode: 6102T,
proposal to approve the State’s SIP ENVIRONMENTAL PROTECTION 1200 Pennsylvania Ave., NW.,
revision as correcting deficiencies that AGENCY Washington, DC 20460.
initiated sanctions. This interim final • Hand Delivery or Courier. Deliver
determination and its stay of sanctions 40 CFR Part 82 your comments to: EPA Air Docket, EPA
is not affected by this partial removal of [EPA–HQ–OAR–2005–0131; FRL–8157–5] West, 1301 Constitution Avenue, NW.,
the direct final action. Room B108, Mail Code 6102T,
Ventura County Air Pollution Control RIN 2060–AM46 Washington, DC 20004. Such deliveries
District Rule 74.14, the other rule are only accepted during the Docket’s
approved in the February 1, 2006 direct Protection of Stratospheric Ozone:
Recordkeeping and Reporting normal hours of operation, and special
final action, is not affected by this arrangements should be made for
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partial removal and is incorporated into Requirements for the Import of Halon-
1301 Aircraft Fire Extinguishing deliveries of boxed information.
the SIP as of the effective date of the Instructions: Direct your comments to
February 1, 2006 direct final action. Vessels
Docket ID No. EPA–HQ–OAR–2005–
DATES: This action is effective April 11, AGENCY: Environmental Protection 0131. EPA’s policy is that all comments
2006. Agency (EPA). received will be included in the public

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