80_FR_30864 80 FR 30761 - Notice of Receipt of Petition for Decision that Nonconforming Model Year 1991 BMW M3 Convertible Passenger Cars Are Eligible for Importation

80 FR 30761 - Notice of Receipt of Petition for Decision that Nonconforming Model Year 1991 BMW M3 Convertible Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 103 (May 29, 2015)

Page Range30761-30762
FR Document2015-12967

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming model year (MY) 1991 BMW M3 convertible passenger cars that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all such standards.

Federal Register, Volume 80 Issue 103 (Friday, May 29, 2015)
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Pages 30761-30762]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12967]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0097; Notice 1]


Notice of Receipt of Petition for Decision that Nonconforming 
Model Year 1991 BMW M3 Convertible Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
nonconforming model year (MY) 1991 BMW M3 convertible passenger cars 
that were not originally manufactured to comply with all applicable 
Federal Motor Vehicle Safety Standards (FMVSS), are eligible for 
importation into the United States because they have safety features 
that comply with, or are capable of being altered to comply with, all 
such standards.

DATES: June 29, 2015.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send comments by mail addressed to: U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver comments by hand to: West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. 
and 5 p.m. ET, Monday through Friday, except Federal holidays.
     Electronically: Submit comments electronically by: Logging 
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting 
comments.
    Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times give above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78)
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    G&K Automotive Conversion, Inc. of Santa Ana, CA (Registered 
Importer R90-007) has petitioned NHTSA to decide whether nonconforming 
MY 1991 BMW M3 convertible passenger cars are eligible for importation 
into the United States.
    G&K noted in its petition that although conforming MY 1991 BMW M3 
vehicles were not sold in the U.S., NHTSA has determined that 
nonconforming MY 1989 BMW M3 vehicles are eligible for importation. G&K 
compared the nonconforming MY 1991 BMW M3 vehicles to the nonconforming 
MY 1989 BMW M3 vehicles that have been determined eligible for 
importation, and based its arguments that the 1991 BMW M3 vehicles 
conform to many applicable FMVSS, and are capable of being altered to 
meet the remainder of the applicable FMVSS, in part, on the 
similarities between the MY 1989 and MY 1991 vehicles.
    Specifically, the petitioner claims that non-U.S. certified MY 1991 
BMW M3 convertible passenger cars, as originally manufactured, conform 
to: Standard Nos. 102 Transmission Shift Lever Sequence, Starter 
Interlock, and Transmission Braking Effect; 103 Windshield Defrosting 
and Defogging Systems; 104 Windshield Wiping and Washing Systems; 105 
Hydraulic Brake Systems; 106 Brake Hoses; 107 Reflective Surfaces; 109 
New Pneumatic Tires; 113 Hood Latch System; 115 Vehicle Identification 
Number--Basic Requirements; 116 Motor Vehicle Brake Fluids; 118 Power-
Operated Window Systems; 124 Accelerator Control Systems; 201 Occupant 
Protection in Interior Impact; 202 Head Restraints; 204 Steering 
Control Rearward Displacement; 205 Glazing Materials; 206 Door Locks 
and Door Retention Components; 207 Seating Systems; 209 Seat Belt 
Assemblies; 210 Seat Belt Assembly Anchorages; 211 Wheel Nuts, Wheel 
Disks, and Hub Caps; 212 Windshield Mounting; 214 Side Impact 
Protection; 216 Roof Crush Resistance; 219 Windshield Zone Intrusion; 
301 Fuel System Integrity; and 302 Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being 
altered to meet the following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: addition of the word 
``BRAKE'' to the brake system warning indicator lamp located on the 
instrument cluster.

[[Page 30762]]

    Standard No. 108 Lamps, Reflective Devices, and Associated 
Equipment: installation of U.S.-model high mounted stop lamp.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: replacement of the passenger 
side rearview mirror with a U.S.-model component or inscription of the 
required warning statement on the face of that mirror.
    Standard No. 114 Theft Protection: installation of a supplemental 
key warning buzzer, or activation of the U.S.-version software to meet 
the requirements of this standard.
    Standard No. 208 Occupant Crash Protection: installation of a seat 
belt warning symbol in the dash, a U.S.-model airbag system, and U.S.-
model knee bolsters.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicles near the left windshield post to meet the 
requirements of 49 CFR part 565 and that a certification label must be 
affixed to the driver's door jamb to meet the requirements of 49 CFR 
part 567.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued On: May 21, 2015.
Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-12967 Filed 5-28-15; 8:45 am]
BILLING CODE 4910-59-P



                                                                             Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Notices                                             30761

                                               By Order of the Maritime Administrator.               15 pages in length, although there is no              for importation. The agency then
                                             Thomas M. Hudson, Jr.,                                  limit to the length of necessary                      publishes this decision in the Federal
                                             Secretary, Maritime Administration.                     attachments to the comments. If                       Register.
                                             [FR Doc. 2015–13019 Filed 5–28–15; 8:45 am]             comments are submitted in hard copy                      G&K Automotive Conversion, Inc. of
                                             BILLING CODE 4910–81–P
                                                                                                     form, please ensure that two copies are               Santa Ana, CA (Registered Importer
                                                                                                     provided. If you wish to receive                      R90–007) has petitioned NHTSA to
                                                                                                     confirmation that your comments were                  decide whether nonconforming MY
                                             DEPARTMENT OF TRANSPORTATION                            received, please enclose a stamped, self-             1991 BMW M3 convertible passenger
                                                                                                     addressed postcard with the comments.                 cars are eligible for importation into the
                                             National Highway Traffic Safety                         Note that all comments received will be               United States.
                                             Administration                                          posted without change to http://                         G&K noted in its petition that
                                                                                                     www.regulations.gov, including any                    although conforming MY 1991 BMW
                                             [Docket No. NHTSA–2014–0097; Notice 1]
                                                                                                     personal information provided.                        M3 vehicles were not sold in the U.S.,
                                             Notice of Receipt of Petition for                          Documents submitted to a docket may                NHTSA has determined that
                                             Decision that Nonconforming Model                       be viewed by anyone at the address and                nonconforming MY 1989 BMW M3
                                             Year 1991 BMW M3 Convertible                            times give above. The documents may                   vehicles are eligible for importation.
                                             Passenger Cars Are Eligible for                         also be viewed on the Internet at                     G&K compared the nonconforming MY
                                             Importation                                             http://www.regulations.gov by following               1991 BMW M3 vehicles to the
                                                                                                     the online instructions for accessing the             nonconforming MY 1989 BMW M3
                                             AGENCY:  National Highway Traffic                       dockets DOT’s complete Privacy Act                    vehicles that have been determined
                                             Safety Administration, DOT.                             Statement is available for review in the              eligible for importation, and based its
                                             ACTION: Receipt of petition.                            Federal Register published on April 11,               arguments that the 1991 BMW M3
                                                                                                     2000, (65 FR 19477–78)                                vehicles conform to many applicable
                                             SUMMARY:   This document announces                         The petition, supporting materials,                FMVSS, and are capable of being altered
                                             receipt by the National Highway Traffic                 and all comments received before the                  to meet the remainder of the applicable
                                             Safety Administration (NHTSA) of a                      close of business on the closing date                 FMVSS, in part, on the similarities
                                             petition for a decision that                            indicated below will be filed and will be             between the MY 1989 and MY 1991
                                             nonconforming model year (MY) 1991                      considered. All comments and                          vehicles.
                                             BMW M3 convertible passenger cars                       supporting materials received after the                  Specifically, the petitioner claims that
                                             that were not originally manufactured to                closing date will also be filed and will              non-U.S. certified MY 1991 BMW M3
                                             comply with all applicable Federal                      be considered to the extent possible.                 convertible passenger cars, as originally
                                             Motor Vehicle Safety Standards                          When the petition is granted or denied,               manufactured, conform to: Standard
                                             (FMVSS), are eligible for importation                   notice of the decision will be published              Nos. 102 Transmission Shift Lever
                                             into the United States because they have                in the Federal Register pursuant to the               Sequence, Starter Interlock, and
                                             safety features that comply with, or are                authority indicated below.                            Transmission Braking Effect; 103
                                             capable of being altered to comply with,                FOR FURTHER INFORMATION CONTACT:                      Windshield Defrosting and Defogging
                                             all such standards.                                     George Stevens, Office of Vehicle Safety              Systems; 104 Windshield Wiping and
                                             DATES: June 29, 2015.                                   Compliance, NHTSA (202–366–5308).                     Washing Systems; 105 Hydraulic Brake
                                             ADDRESSES: Comments should refer to                     SUPPLEMENTARY INFORMATION:                            Systems; 106 Brake Hoses; 107
                                             the docket and notice numbers above                                                                           Reflective Surfaces; 109 New Pneumatic
                                             and submitted by any of the following                   Background                                            Tires; 113 Hood Latch System; 115
                                             methods:                                                   Under 49 U.S.C. 30141(a)(1)(B), a                  Vehicle Identification Number—Basic
                                                • Federal eRulemaking Portal: Go to                  motor vehicle that was not originally                 Requirements; 116 Motor Vehicle Brake
                                             http://www.regulations.gov. Follow the                  manufactured to conform to all                        Fluids; 118 Power-Operated Window
                                             online instructions for submitting                      applicable FMVSS, and has no                          Systems; 124 Accelerator Control
                                             comments.                                               substantially similar U.S.-certified                  Systems; 201 Occupant Protection in
                                                • Mail: Send comments by mail                        counterpart, shall be refused admission               Interior Impact; 202 Head Restraints;
                                             addressed to: U.S. Department of                        into the United States unless NHTSA                   204 Steering Control Rearward
                                             Transportation, 1200 New Jersey                         has decided that the motor vehicle has                Displacement; 205 Glazing Materials;
                                             Avenue SE., West Building Ground                        safety features that comply with, or are              206 Door Locks and Door Retention
                                             Floor, Room W12–140, Washington, DC                     capable of being altered to comply with,              Components; 207 Seating Systems; 209
                                             20590–0001.                                             all applicable FMVSS based on                         Seat Belt Assemblies; 210 Seat Belt
                                                • Hand Delivery: Deliver comments                    destructive test data or such other                   Assembly Anchorages; 211 Wheel Nuts,
                                             by hand to: West Building Ground                        evidence as NHTSA decides to be                       Wheel Disks, and Hub Caps; 212
                                             Floor, Room W12–140, 1200 New Jersey                    adequate.                                             Windshield Mounting; 214 Side Impact
                                             Avenue SE., between 9 a.m. and 5 p.m.                      Petitions for eligibility decisions may            Protection; 216 Roof Crush Resistance;
                                             ET, Monday through Friday, except                       be submitted by either manufacturers or               219 Windshield Zone Intrusion; 301
                                             Federal holidays.                                       importers who have registered with                    Fuel System Integrity; and 302
                                                • Electronically: Submit comments                    NHTSA pursuant to 49 CFR part 592. As                 Flammability of Interior Materials.
                                             electronically by: Logging onto the                     specified in 49 CFR 593.7, NHTSA                         The petitioner also contends that the
                                             Federal Docket Management System                        publishes notice in the Federal Register              vehicles are capable of being altered to
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                                             (FDMS) Web site at http://                              of each petition that it receives, and                meet the following standards, in the
                                             www.regulations.gov/. Follow the online                 affords interested persons an                         manner indicated:
                                             instructions for submitting comments.                   opportunity to comment on the petition.                  Standard No. 101 Controls and
                                                Comments may also be faxed to (202)                  At the close of the comment period,                   Displays: addition of the word
                                             493–2251.                                               NHTSA decides, on the basis of the                    ‘‘BRAKE’’ to the brake system warning
                                                Comments must be written in the                      petition and any comments that it has                 indicator lamp located on the
                                             English language, and be no greater than                received, whether the vehicle is eligible             instrument cluster.


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                                             30762                             Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Notices

                                                Standard No. 108 Lamps, Reflective                          NHCR has certified that: (1) No local                By the Board, Rachel D. Campbell,
                                             Devices, and Associated Equipment:                          traffic has moved over the Line for at                Director, Office of Proceedings.
                                             installation of U.S.-model high mounted                     least two years; (2) there is no overhead             Jeffrey Herzig,
                                             stop lamp.                                                  traffic on the Line; (3) no formal                    Clearance Clerk.
                                                Standard No. 110 Tire Selection and                      complaint filed by a user of rail service             [FR Doc. 2015–13012 Filed 5–28–15; 8:45 am]
                                             Rims: installation of a tire information                    on the Line (or by a state or local                   BILLING CODE 4915–01–P
                                             placard.                                                    government entity acting on behalf of
                                                Standard No. 111 Rearview Mirrors:                       such user) regarding cessation of service
                                             replacement of the passenger side                           over the Line either is pending before                DEPARTMENT OF THE TREASURY
                                             rearview mirror with a U.S.-model                           the Surface Transportation Board or any
                                             component or inscription of the                             U.S. District Court or has been decided               Office of Foreign Assets Control
                                             required warning statement on the face                      in favor of a complainant within the
                                             of that mirror.                                                                                                   Sanctions Actions Pursuant to
                                                                                                         two-year period; and (4) the                          Executive Order 13224
                                                Standard No. 114 Theft Protection:
                                                                                                         requirements at 49 CFR 1105.12
                                             installation of a supplemental key                                                                                AGENCY:  Office of Foreign Assets
                                             warning buzzer, or activation of the                        (newspaper publication), and 49 CFR
                                                                                                         1152.50(d)(1) (notice to governmental                 Control, Treasury.
                                             U.S.-version software to meet the                                                                                 ACTION: Notice.
                                             requirements of this standard.                              agencies) have been met.
                                                Standard No. 208 Occupant Crash                             As a condition to this exemption, any              SUMMARY:    The Treasury Department’s
                                             Protection: installation of a seat belt                     employee adversely affected by the                    Office of Foreign Assets Control (OFAC)
                                             warning symbol in the dash, a U.S.-                         discontinuance shall be protected under               is publishing the names of 1 individual
                                             model airbag system, and U.S.-model                         Oregon Short Line Railroad—                           and 2 entities whose property and
                                             knee bolsters.                                              Abandonment Portion Goshen Branch                     interests in property are blocked
                                                The petitioner also states that a                        Between Firth & Ammon, in Bingham &                   pursuant to Executive Order (E.O.)
                                             vehicle identification plate must be                        Bonneville Counties, Idaho, 360 I.C.C.                13224 and whose names have been
                                             affixed to the vehicles near the left                       91 (1979). To address whether this                    added to OFAC’s list of Specially
                                             windshield post to meet the                                 condition adequately protects affected                Designated Nationals and Blocked
                                             requirements of 49 CFR part 565 and                         employees, a petition for partial                     Persons (SDN List). OFAC is also
                                             that a certification label must be affixed                  revocation under 49 U.S.C. 10502(d)                   publishing identifying information
                                             to the driver’s door jamb to meet the                       must be filed.                                        relating to 9 aircraft that OFAC has
                                             requirements of 49 CFR part 567.                                                                                  determined to be property in which
                                                                                                            Provided no formal expression of                   Mahan Air, a person designated under
                                                Authority: 49 U.S.C. 30141(a)(1)(A),
                                             (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
                                                                                                         intent to file an offer of financial                  E.O. 13224, has an interest, and which
                                             of authority at 49 CFR 1.95 and 501.8.                      assistance (OFA) to subsidize continued               therefore are blocked pursuant to E.O.
                                                                                                         rail service has been received, this                  13224.
                                               Issued On: May 21, 2015.
                                                                                                         exemption will become effective on                    DATES: OFAC’s actions described in this
                                             Jeffrey Giuseppe,
                                                                                                         June 30, 2015 (50 days after the filing of            notice were effective May 21, 2015.
                                             Director, Office of Vehicle Safety Compliance.              the exemption), unless stayed pending
                                             [FR Doc. 2015–12967 Filed 5–28–15; 8:45 am]                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                         reconsideration. Petitions to stay that do            Associate Director for Global Targeting,
                                             BILLING CODE 4910–59–P                                      not involve environmental issues and                  tel.: 202/622–2420, Assistant Director
                                                                                                         formal expressions of intent to file an               for Sanctions Compliance & Evaluation,
                                                                                                         OFA to subsidize continued rail service               tel.: 202/622–2490, Assistant Director
                                             DEPARTMENT OF TRANSPORTATION
                                                                                                         under 49 CFR 1152.27(c)(2) 2 must be                  for Licensing, tel.: 202/622–2480, Office
                                             Surface Transportation Board                                filed by June 8, 2015.3 Petitions to                  of Foreign Assets Control, or Chief
                                                                                                         reopen must be filed by June 18, 2015,                Counsel (Foreign Assets Control), tel.:
                                             [Docket No. AB 1234]                                        with the Surface Transportation Board,                202/622–2410, Office of the General
                                                                                                         395 E Street SW., Washington, DC                      Counsel, Department of the Treasury
                                             New Hampshire Central Railroad,
                                                                                                         20423–0001.                                           (not toll free numbers).
                                             Inc.—Discontinuance of Service
                                             Exemption—Between Littleton and                                A copy of any petition filed with the              SUPPLEMENTARY INFORMATION:
                                             Bethlehem, NH                                               Board should be sent to NHCR’s                        Electronic and Facsimile Availability
                                                                                                         representative: Jack E. Dodd, Rail
                                               New Hampshire Central Railroad, Inc.                      Business Consultant, 73 Bishop St.,                     The SDN List and additional
                                             (NHCR) filed a verified notice of                                                                                 information concerning OFAC sanctions
                                                                                                         Saint Albans, VT 05478.
                                             exemption under 49 CFR part 1152                                                                                  programs are available from OFAC’s
                                             subpart F—Exempt Abandonments and                              If the verified notice contains false or           Web site (www.treas.gov/ofac). Certain
                                             Discontinuances of Service to                               misleading information, the exemption                 general information pertaining to
                                             discontinue service over approximately                      is void ab initio.                                    OFAC’s sanctions programs is also
                                             6.86 miles of railroad line (the Line),                        Board decisions and notices are                    available via facsimile through a 24-
                                             between milepost C 113 (station                             available on our Web site at                          hour fax-on-demand service, tel.: 202/
                                             995+66) at Littleton, NH, and milepost                      WWW.STB.DOT.GOV.                                      622–0077.
                                             C 119.86 (station 1359+77), at                                                                                    Notice of OFAC Actions
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                                                                                                           Decided: May 26, 2015.
                                             Bethlehem, NH. The Line traverses
                                             United States Postal Service Zip Codes                                                                              On May 21, 2015, OFAC blocked the
                                             03561 and 03574.1
                                                                                                           2 Each OFA must be accompanied by the filing
                                                                                                                                                               property and interests in property of the
                                                                                                         fee, which is currently set at $1,600. See 49 CFR     following 1 individual and 2 entities
                                                                                                         1002.2(f)(25).
                                               1 On May 12, 2015, NHCR filed an amendment                  3 Because this is a discontinuance proceeding and   pursuant to E.O. 13224, ‘‘Blocking
                                             clarifying the territory, the total mileage, and the        not an abandonment, interim trail use/rail banking    Property and Prohibiting Transactions
                                             zip codes involved in the Notice of Exemption.              and public use conditions are not appropriate.        With Persons Who Commit, Threaten To


                                        VerDate Sep<11>2014    15:17 May 28, 2015   Jkt 235001      PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\29MYN1.SGM   29MYN1



Document Created: 2015-12-15 15:31:54
Document Modified: 2015-12-15 15:31:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesJune 29, 2015.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation80 FR 30761 

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