Airworthiness Directives; The Boeing Company Airplanes

Published date22 April 2024
Record Number2024-08392
CourtFederal Aviation Administration
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
Proposed Rules Federal Register
29274
Vol. 89, No. 78
Monday, April 22, 2024
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1053; Project
Identifier AD–2023–00164–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Supplemental notice of
proposed rulemaking (SNPRM).
SUMMARY
: The FAA is revising a notice
of proposed rulemaking NPRM that
would have applied to certain The
Boeing Company Model 757–200,
–200CB, and –200PF series airplanes.
This action revises the NPRM by
revising the compliance times for
certain airplanes. The FAA is proposing
this airworthiness directive (AD) to
address the unsafe condition on these
products. Since these actions would
impose an additional burden over that
in the NPRM, the FAA is requesting
comments on this SNPRM.
DATES
: The FAA must receive comments
on this SNPRM by June 6, 2024.
ADDRESSES
: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
Fax: 202–493–2251.
Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1053; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this SNPRM, any comments
received, and other information. The
street address for Docket Operations is
listed above.
Material Incorporated by Reference:
For Boeing material, contact Boeing
Commercial Airplanes, Attention:
Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110–SK57,
Seal Beach, CA 90740–5600; telephone
562–797–1717; website
myboeingfleet.com.
You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available at regulations.gov by
searching for and locating Docket No.
FAA–2023–1053.
FOR FURTHER INFORMATION CONTACT
:
Wayne Ha, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone: 562–627–
5238; email: wayne.ha@faa.gov.
SUPPLEMENTARY INFORMATION
:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under
ADDRESSES
. Include ‘‘Docket No.
FAA–2023–1053; Project Identifier AD–
2023–00164–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may again revise this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this proposed AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this SNPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this SNPRM, it is
important that you clearly designate the
submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this SNPRM. Submissions containing
CBI should be sent Wayne Ha, Aviation
Safety Engineer, FAA, 2200 South 216th
Street, Des Moines, WA 98198; phone:
562–627–5238; email: wayne.ha@
faa.gov. Any commentary that the FAA
receives that is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
The FAA issued an NPRM to amend
14 CFR part 39 by adding an AD that
would apply to certain The Boeing
Company Model 757–200, –200CB, and
–200PF series airplanes. The NPRM
published in the Federal Register on
July 24, 2023 (88 FR 47402). The NPRM
was prompted by a crack growth
analysis, which indicated that current
inspections are not adequate to detect
cracks in certain sections of the upper
frame at the frame splice between
certain stringers before a single frame
fails. In the NPRM, the FAA proposed
to require an inspection or records
review for existing repairs; repetitive
inspections for cracks of the upper
frame at the frame splices between
certain stringers in certain sections, and
applicable on-condition actions.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, it
was determined that the repetitive
inspection intervals for airplanes that
were modified by Aviation Partners
Boeing (APB) supplemental type
certificate (STC) ST01518SE need to be
revised.
Comments
The FAA received comments from
United Airlines who supported the
NPRM without change.
The FAA received additional
comments from APB, Federal Express
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(FedEx), Boeing, and United Parcel
Service (UPS). The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Limited Organization Designation
Authorization (ODA) Approvals
APB stated that Boeing does not have
a delegation to approve repairs in areas
affected by the scimitar blended winglet
configuration of STC ST01518SE. APB
also commented that approval by The
Boeing Company ODA, as specified in
paragraph (i)(3) of the proposed AD,
may not be given for an alternative
method of compliance (AMOC) for
alternative inspections and corrective
actions in those areas, but such approval
must be obtained as specified in
paragraph (i)(1) of the proposed AD.
The FAA acknowledges and concurs
with APB’s assertions. However, no
change to this proposed AD is
necessary. Paragraph (h)(2) of this
proposed AD states that AMOC
approval be obtained using a method
approved in accordance with the
procedures specified in ‘‘paragraph (i)’’
of this proposed AD, and does not limit
approvals to the provisions of paragraph
(i)(1) or (3) of this proposed AD.
Therefore, AMOC approval in
accordance with paragraph (i)(1) or (3)
of this proposed AD would be provided
based on whether the actions needing
an AMOC apply to the APB design or
the Boeing design.
Request for Changing an Exception
APB requested changing the wording
in paragraph (h)(3) of the proposed AD
to clarify that it applies to airplanes
with winglet structural provisions
(original equipment manufacturer
(OEM) wingtips installed) or APB
winglets installed in accordance with
STC ST01518SE. APB stated the
compliance time exception in paragraph
(h)(3) of the proposed AD are identical
to the exceptions proposed by APB in a
service bulletin submitted to the FAA
for approval. APB noted that if the
compliance time exceptions are adopted
as proposed, paragraph (h)(3) of the
proposed AD would eliminate the need
for APB to publish supplemental service
information.
The FAA agrees the compliance times
should be the same for all airplanes that
have been modified using STC
ST01518SE. However, there is no FAA-
approved APB service bulletin to
address the unsafe condition, nor does
the FAA have adequate justification to
allow the repetitive inspection interval
specified in the NPRM. Therefore, the
FAA has revised paragraph (h)(3) of this
proposed AD to specify that, for all
airplanes modified using STC
ST01518SE the compliance times must
be divided by a factor of two. Under the
provisions of paragraph (i) of this
proposed AD, the FAA will consider
requests for approval of alternative
actions and compliance times if
sufficient data are submitted to
substantiate that the change would
provide an acceptable level of safety.
Request To Change Requirements for
Certain Airplanes
FedEx requested the proposed AD be
revised to allow using alternative
compliance methods and times for its
airplanes. FedEx noted that its 757 fleet
has been modified using VT MAE STC
ST03562AT, which adds a main deck
cargo door to the aircraft. FedEx
requested modifications to the
requirements for Groups 1, 2, and 3
airplanes, allowing it to use alternative
figures, repetitive intervals, and
compliance methods.
The FAA disagrees with the request
because the commenter did not provide
adequate substantiation that using the
proposed alternative compliance
methods and times adequately
addresses the identified unsafe
condition. However, under the
provisions of paragraph (i) of this
proposed AD, the FAA will consider
requests for approval of alternative
compliance methods or times if
sufficient data are submitted to
substantiate that the new compliance
methods and times would provide an
acceptable level of safety. The FAA has
not changed this proposed AD in this
regard.
Request for Change to Related Service
Information Under 1 CFR Part 51
Boeing requested the FAA revise a
sentence in the Related Service
Information under 1 CFR part 51 to read
as follows: ‘‘. . . for repetitive high
frequency eddy current (HFEC) and low
frequency eddy current (LFEC)
inspections for cracking of the upper
frames and splice doublers at the frame
splices.’’ Boeing noted that, for
airplanes in Group 4, 5, and 6, it is a
requirement to inspect both the frame
and splice doublers. Boeing stated the
proposed change will clarify that
inspection of the splice doublers is
required for some airplanes.
The FAA agrees with the commenter
for the reasons provided and has revised
the proposed AD accordingly.
Request To Clarify Repairs Requiring
Additional Action
UPS requested that the FAA clarify
the proposed AD regarding the repairs
found during the required general visual
inspection (GVI) or maintenance records
review. UPS stated Boeing Alert
Requirements Bulletin 757–53A0115
RB, dated January 25, 2022, does not
fully define ‘‘any repair.’’ UPS stated
that Boeing 757–200PF Structural
Repair Manual (SRM) 53–00–01–1A–1
allows for smooth dents, edge and
surface blends, and plugging of removed
damage areas in the frame web within
the affected inspection area. UPS added
that the repairs within the SRM
allowable limits have no supplemental
inspections, so such repairs do not
appreciably affect damage tolerance of
the fuselage frames. UPS stated that it
believes the intent of the GVI or
maintenance records review is to
identify and report existing reinforcing
repairs that may affect damage tolerance
of the frame. UPS therefore requested
the addition of paragraph (h)(4) of the
proposed AD, stating ‘‘Where Boeing
Alert Requirements Bulletin 757–
53A0115 RB, dated January 25, 2022,
uses the phrase ‘‘any repair,’’ this AD
requires using ‘‘any reinforcing repair.’’
The FAA disagrees with the
commenter’s request. The FAA has no
way of knowing the type or extent of
repairs that might be on a given airplane
or how those repairs would impact the
actions required by this AD. Therefore,
any existing repair, including any non-
reinforced repair, needs to be evaluated
for any potential effect on the inspection
requirements. The FAA has not changed
this proposed AD in this regard.
FAA’s Determination
The FAA is proposing this AD after
determining the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design. Certain changes described
above expand the scope of the NPRM.
As a result, it is necessary to reopen the
comment period to provide additional
opportunity for the public to comment
on this SNPRM.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Requirements Bulletin 757–53A0115
RB, dated January 25, 2022. This service
information specifies procedures for a
GVI or records review between stringers
S–13 and S–14 in Sections 43 and 46 for
existing repairs. This service
information also describes procedures,
depending on the configuration, for
repetitive HFEC and LFEC inspections
for cracking of the upper frames and
splice doublers at the frame splices
between stringers S–13 and S–14, left-
and right-hand sides, in Sections 43 and
46; and applicable on-condition actions.
On-condition actions include repair.
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This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in
ADDRESSES
.
Proposed AD Requirements in This
SNPRM
This proposed AD would require
accomplishing the actions specified in
the service information already
described, except for any differences
identified as exceptions in the
regulatory text of this proposed AD. For
information on the procedures and
compliance times, see this service
information at regulations.gov by
searching for and locating Docket No.
FAA–2023–1053.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 456
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
E
STIMATED
C
OSTS
Action Labor cost Parts cost Cost per product Cost on U.S.
operators
GVI .................................... 2 work-hours × $85 per hour = $170
per inspection cycle. $0 $170 per inspection cycle $77,520 per inspection
cycle.
Repetitive Inspections ....... Up to 267 work-hour × $85 per hour =
Up to $22,695 per inspection cycle. 0 Up to $22,695 per inspec-
tion cycle. Up to $10,348,920 per in-
spection cycle.
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition repairs specified in
this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs’’ describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
The Boeing Company: Docket No. FAA–
2023–1053; Project Identifier AD–2023–
00164–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by June 6, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 757–200, –200CB, and –200PF series
airplanes, certificated in any category, as
identified in Boeing Alert Requirements
Bulletin 757–53A0115 RB, dated January 25,
2022.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a crack growth
analysis, which indicated that current
inspections are not adequate to detect cracks
in the Sections 43 and 46 upper frame at the
frame splice between stringers S–13 and S–
14 before a single frame fails. The FAA is
issuing this AD to address cracking at the
upper frames common to the splice at
stringers S–13 to S–14, which could interact
with fuselage skin cracking at the stringer S–
14 lap splice. The unsafe condition, if not
addressed, could result in the inability of a
principal structural element to sustain limit
loads, and could adversely affect the
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 757–53A0115 RB,
dated January 25, 2022, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 757–53A0115
RB, dated January 25, 2022.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 757–53A0115, dated January 25,
2022, which is referred to in Boeing Alert
Requirements Bulletin 757–53A0115 RB,
dated January 25, 2022.
(h) Exceptions to Service Information
Specifications
(1) Where the Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Requirements Bulletin 757–
53A0115 RB, dated January 25, 2022, use the
phrase ‘‘the original issue date of
Requirements Bulletin 757–53A0115 RB,’’
this AD requires using the effective date of
this AD.
(2) Where Boeing Alert Requirements
Bulletin 757–53A0115 RB, dated January 25,
2022, specifies contacting Boeing for repair
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instructions or for alternative inspections:
This AD requires doing the repair and doing
the alternative inspections and applicable on-
condition actions using a method approved
in accordance with the procedures specified
in paragraph (i) of this AD.
(3) For airplanes on which winglet
structural provisions (original equipment
manufacturer (OEM) wingtips) or Aviation
Partners Boeing (APB) winglets have been
installed in accordance with APB
Supplemental Type Certificate (STC)
ST01518SE: This AD requires dividing the
applicable compliance times and repeat
intervals specified in the ‘‘Compliance’’
paragraph of Boeing Requirements Bulletin
757–53A0115 RB, dated January 25, 2022, by
a factor of two.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, AIR–520, Continued
Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: AMOC@
faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, AIR–520, Continued Operational
Safety Branch, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(j) Related Information
(1) For more information about this AD,
contact Wayne Ha, Aviation Safety Engineer,
Continued Operational Safety Branch, FAA,
2200 South 216th Street, Des Moines, WA
98198; phone: 562–627–5238; email:
wayne.ha@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the address specified in
paragraph (k)(3) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
757–53A0115 RB, dated January 25, 2022.
(ii) [Reserved]
(3) For Boeing service information, contact
Boeing Commercial Airplanes, Attention:
Contractual & Data Services (C&DS), 2600
Westminster Blvd., MC 110–SK57, Seal
Beach, CA 90740–5600; telephone 562–797–
1717; website myboeingfleet.com.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on April 16, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–08392 Filed 4–19–24; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2024–0142; FRL–11848–
01–R9]
Air Plan Approval; California; Antelope
Valley Air Quality Management District
and Mojave Desert Air Quality
Management District
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Antelope Valley Air
Quality Management District
(AVAQMD) and the Mojave Desert Air
Quality Management District
(MDAQMD) portions of the California
State Implementation Plan (SIP)
concerning rules submitted to address
section 185 of the Clean Air Act (CAA
or the Act) with respect to the 1979 1-
hour ozone National Ambient Air
Quality Standards (NAAQS or
standard). We are proposing action on
these local rules that were submitted as
equivalent alternatives to a statutory
section 185 program. We are taking
comments on this proposal and plan to
follow with a final action.
DATES
: Comments must be received on
or before May 22, 2024.
ADDRESSES
: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2024–0142 at http://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the
FOR
FURTHER INFORMATION CONTACT
section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
http://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the
FOR
FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT
:
Donnique Sherman, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4129 or by
email at sherman.donnique@epa.gov.
SUPPLEMENTARY INFORMATION
:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
A. Section 185 Fees
B. Mojave Desert AQMD and Antelope
Valley AQMD
II. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules?
III. EPA’s Evaluation and Action
A. How is the EPA evaluating these rules?
B. Do these rules meet the evaluation
criteria?
i. Addressing September 29, 2022 Action
(87 FR 59021) Deficiencies
ii. Evaluation of MDAQMD Rule 315 and
AVAQMD Rule 315 Alternative Section
185 Fee Equivalent Programs
C. Proposed Action and Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. Section 185 Fees
Under sections 182(d)(3), (e), (f) and
185 of the Act, states with ozone
nonattainment areas classified as Severe
or Extreme are required to submit a
revision to the SIP that would require
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