81_FR_35768 81 FR 35661 - Labeling and Advertising of Home Insulation

81 FR 35661 - Labeling and Advertising of Home Insulation

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range35661-35662
FR Document2016-13097

The FTC is extending the deadline for filing public comments on its recent Advance Notice of Proposed Rulemaking for the ``Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation'' (the ``R-value Rule'' or ``Rule'').

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35661-35662]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13097]


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FEDERAL TRADE COMMISSION

16 CFR Part 460


Labeling and Advertising of Home Insulation

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Advance notice of proposed rulemaking; extension of deadline 
for submission of public comments.

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

SUMMARY: The FTC is extending the deadline for filing public comments 
on its recent Advance Notice of Proposed Rulemaking for the ``Trade 
Regulation Rule Concerning the Labeling and Advertising of Home 
Insulation'' (the ``R-value Rule'' or ``Rule'').

DATES: The comment period for the advance notice of proposed rulemaking 
published April 6, 2016 (81 FR 19936), is extended. Comments must be 
received on or before September 6, 2016.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``16 CFR part 460--R-
value Rule Review, File No. R811001'' on your comment, and file your 
comment online at https://ftcpublic.commentworks.com/ftc/rvaluerule, by 
following the instructions on the web-based form. If you prefer to file 
your comment on paper, mail your comment to the following address: 
Federal Trade Commission, Office of the Secretary, 600 Pennsylvania 
Avenue NW., Suite CC-5610 (Annex B), Washington, DC 20580, or deliver 
your comment to the following address: Federal Trade Commission, Office 
of the Secretary, Constitution Center, 400 7th St. SW., 5th Floor, 
Suite 5610 (Annex B), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: 

I. Comment Period Extension

    On April 6, 2016 (81 FR 19936), as part of the Commission's 
systematic review of its rules and guides, the FTC published an Advance 
Notice of Proposed Rulemaking (ANPR) in the Federal Register requesting 
public comments on the R-value Rule. The ANPR set June 6, 2016 as the 
deadline for filing comments. On May 12, 2016, the American Chemistry 
Council's (ACC) Center for the Polyurethanes Industry and Spray Foam 
Coalition requested a 90-day extension to the comment period. ACC 
represents manufacturers of various types of home insulation products, 
including spray polyurethane foam (SPF) and rigid polyurethane foam 
board insulation. The requesters explained that the insulation industry 
and certain insulation products have changed substantially since the 
Commission completed its last regulatory review in 2005. In particular, 
new industry research has become available on the short-term and long-
term thermal performance of SPF products. ACC also noted that new 
research exists about the energy efficiency benefits of insulation 
products that combine air sealing with high thermal resistance 
properties. Accordingly, it asserted that additional time is necessary 
for companies and industry trade organizations to present this new 
information in a useful manner through comments.
    Given the complexity and range of issues raised in the ANPR, the 
Commission agrees that allowing additional time for filing comments 
would help facilitate the creation of a more complete record. Moreover, 
this extension would not harm consumers because the current Rule will 
remain in effect during the review process. The Commission agrees that 
extending the comment period to allow interested parties adequate time 
to address issues raised by the ANPR will facilitate a more complete 
record. Therefore, the Commission has decided to extend the comment 
period to September 6, 2016.

II. Request for Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before September 6, 
2016. Write ``16 CFR part 460--R-value Rule Review, File No. R811001'' 
on your comment. Your comment--including your name and your state--will 
be placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the 
Commission tries to remove individuals' home contact information from 
comments before placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, such as anyone's Social Security 
number, date of birth, driver's license number or other state 
identification number or foreign country

[[Page 35662]]

equivalent, passport number, financial account number, or credit or 
debit card number. You are also solely responsible for making sure that 
your comment does not include any sensitive health information, such as 
medical records or other individually identifiable health information. 
In addition, do not include any ``[t]rade secret or any commercial or 
financial information which is . . . privileged or confidential,'' as 
discussed in section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 
4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include 
competitively sensitive information such as costs, sales statistics, 
inventories, formulas, patterns, devices, manufacturing processes, or 
customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept 
confidential only if the FTC General Counsel grants your request in 
accordance with the law and the public interest.
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    \1\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/rvaluerule, by following the instruction on the web-based form. If 
this Notice appears at http://www.regulations.gov, you also may file a 
comment through that Web site.
    If you prefer to file your comment on paper, mail your comment to 
the following address: Federal Trade Commission, Office of the 
Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex B), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor, Suite 5610 (Annex B), Washington, DC 
20024. If possible, submit your paper comment to the Commission by 
courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
ANPR and the news release describing it. The FTC Act and other laws 
that the Commission administers permit the collection of public 
comments to consider and use in this proceeding, as appropriate. The 
Commission will consider all timely and responsive public comments that 
it receives on or before September 6, 2016. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-13097 Filed 6-2-16; 8:45 am]
 BILLING CODE 6750-01-P



                                                                               Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules                                         35661

                                                    ELT other than a Model AK–450–( ) and AK–               FEDERAL TRADE COMMISSION                               Industry and Spray Foam Coalition
                                                    451–( ) series ELT produced by Ameri-King                                                                      requested a 90-day extension to the
                                                    Corporation.                                            16 CFR Part 460                                        comment period. ACC represents
                                                    (j) Optional Terminating Action                                                                                manufacturers of various types of home
                                                                                                            Labeling and Advertising of Home                       insulation products, including spray
                                                      Doing the applicable action specified in              Insulation
                                                    paragraph (j)(1) or (j)(2) of this AD terminates
                                                                                                                                                                   polyurethane foam (SPF) and rigid
                                                    the actions required by paragraphs (g) and (h)          AGENCY:   Federal Trade Commission                     polyurethane foam board insulation.
                                                    of this AD.                                             (‘‘FTC’’ or ‘‘Commission’’).                           The requesters explained that the
                                                      (1) For aircraft required by operating                ACTION: Advance notice of proposed                     insulation industry and certain
                                                    regulations to be equipped with an ELT:                 rulemaking; extension of deadline for                  insulation products have changed
                                                    Replace the ELT with a serviceable FAA-                 submission of public comments.                         substantially since the Commission
                                                    approved ELT as specified in paragraph (i) of                                                                  completed its last regulatory review in
                                                    this AD (‘‘Definition of Serviceable FAA-               SUMMARY:    The FTC is extending the                   2005. In particular, new industry
                                                    approved ELT’’).                                        deadline for filing public comments on                 research has become available on the
                                                      (2) For aircraft not required by operating            its recent Advance Notice of Proposed                  short-term and long-term thermal
                                                    regulations to be equipped with an ELT:                 Rulemaking for the ‘‘Trade Regulation                  performance of SPF products. ACC also
                                                    Replace the ELT with a serviceable FAA-                 Rule Concerning the Labeling and                       noted that new research exists about the
                                                    approved ELT as specified in paragraph (i) of           Advertising of Home Insulation’’ (the                  energy efficiency benefits of insulation
                                                    this AD (‘‘Definition of Serviceable FAA-               ‘‘R-value Rule’’ or ‘‘Rule’’).                         products that combine air sealing with
                                                    approved ELT’’). The ELT may be removed
                                                                                                            DATES: The comment period for the                      high thermal resistance properties.
                                                    as an alternative to the ELT replacement; if
                                                    an ELT is re-installed, it must be a                    advance notice of proposed rulemaking                  Accordingly, it asserted that additional
                                                    serviceable ELT as specified in paragraph (i)           published April 6, 2016 (81 FR 19936),                 time is necessary for companies and
                                                    of this AD (‘‘Definition of Serviceable FAA-            is extended. Comments must be                          industry trade organizations to present
                                                    approved ELT’’).                                        received on or before September 6,                     this new information in a useful manner
                                                                                                            2016.                                                  through comments.
                                                    (k) Alternative Methods of Compliance                                                                             Given the complexity and range of
                                                    (AMOCs)                                                 ADDRESSES: Interested parties may file a
                                                                                                                                                                   issues raised in the ANPR, the
                                                       (1) The Manager, Los Angeles Aircraft                comment online or on paper, by                         Commission agrees that allowing
                                                    Certification Office, FAA, has the authority to         following the instructions in the                      additional time for filing comments
                                                    approve AMOCs for this AD, if requested                 Request for Comment part of the                        would help facilitate the creation of a
                                                    using the procedures found in 14 CFR 39.19.             SUPPLEMENTARY INFORMATION section
                                                                                                                                                                   more complete record. Moreover, this
                                                    In accordance with 14 CFR 39.19, send your              below. Write ‘‘16 CFR part 460—R-value                 extension would not harm consumers
                                                    request to your principal inspector or local            Rule Review, File No. R811001’’ on your                because the current Rule will remain in
                                                    Flight Standards District Office, as                    comment, and file your comment online                  effect during the review process. The
                                                    appropriate. If sending information directly            at https://ftcpublic.commentworks.com/
                                                    to the manager of the ACO, send it to the                                                                      Commission agrees that extending the
                                                                                                            ftc/rvaluerule, by following the                       comment period to allow interested
                                                    attention of the person identified in                   instructions on the web-based form. If
                                                    paragraph (l)(1) of this AD.                                                                                   parties adequate time to address issues
                                                                                                            you prefer to file your comment on                     raised by the ANPR will facilitate a
                                                       (2) Before using any approved AMOC,
                                                                                                            paper, mail your comment to the                        more complete record. Therefore, the
                                                    notify your appropriate principal inspector,
                                                    or lacking a principal inspector, the manager
                                                                                                            following address: Federal Trade                       Commission has decided to extend the
                                                    of the local flight standards district office/          Commission, Office of the Secretary,                   comment period to September 6, 2016.
                                                    certificate holding district office.                    600 Pennsylvania Avenue NW., Suite
                                                                                                            CC–5610 (Annex B), Washington, DC                      II. Request for Comment
                                                    (l) Related Information                                 20580, or deliver your comment to the                     You can file a comment online or on
                                                       (1) For more information about this AD,              following address: Federal Trade                       paper. For the Commission to consider
                                                    contact Gilbert Ceballos, Aerospace Engineer,           Commission, Office of the Secretary,                   your comment, we must receive it on or
                                                    Systems and Equipment Branch, ANM–130L,                 Constitution Center, 400 7th St. SW.,                  before September 6, 2016. Write ‘‘16
                                                    FAA, Los Angeles Aircraft Certification                 5th Floor, Suite 5610 (Annex B),
                                                    Office (ACO), 3960 Paramount Boulevard,
                                                                                                                                                                   CFR part 460—R-value Rule Review,
                                                                                                            Washington, DC 20024.                                  File No. R811001’’ on your comment.
                                                    Lakewood, California 90712–4137; phone:
                                                    562–627–5372; fax: 562–627–5210; email:                 FOR FURTHER INFORMATION CONTACT:                       Your comment—including your name
                                                    gilbert.ceballos@faa.gov.                               Hampton Newsome, (202) 326–2889,                       and your state—will be placed on the
                                                       (2) For service information identified in            Attorney, Division of Enforcement,                     public record of this proceeding,
                                                    this AD, contact Ameri-King Corporation,                Bureau of Consumer Protection, Federal                 including, to the extent practicable, on
                                                    17881 Sampson Lane, Huntington Beach, CA                Trade Commission, 600 Pennsylvania                     the public Commission Web site, at
                                                    92648; telephone: 714–842–8555; fax: 714–               Avenue NW., Washington, DC 20580.                      http://www.ftc.gov/os/
                                                    842–4235; Internet: http://ameri-king.com;              SUPPLEMENTARY INFORMATION:                             publiccomments.shtm. As a matter of
                                                    email: ameriking9@aol.com. You may view                                                                        discretion, the Commission tries to
                                                    this referenced service information at the              I. Comment Period Extension                            remove individuals’ home contact
                                                    FAA, Transport Airplane Directorate, 1601                  On April 6, 2016 (81 FR 19936), as                  information from comments before
                                                    Lind Avenue SW., Renton, WA. For
                                                                                                            part of the Commission’s systematic                    placing them on the Commission Web
                                                    information on the availability of this
                                                                                                            review of its rules and guides, the FTC                site.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    material at the FAA, call 425–227–1221.
                                                                                                            published an Advance Notice of                            Because your comment will be made
                                                      Issued in Renton, Washington, on May 20,              Proposed Rulemaking (ANPR) in the                      public, you are solely responsible for
                                                    2016.                                                   Federal Register requesting public                     making sure that your comment does
                                                    Victor Wicklund,                                        comments on the R-value Rule. The                      not include any sensitive personal
                                                    Acting Manager, Transport Airplane                      ANPR set June 6, 2016 as the deadline                  information, such as anyone’s Social
                                                    Directorate, Aircraft Certification Service.            for filing comments. On May 12, 2016,                  Security number, date of birth, driver’s
                                                    [FR Doc. 2016–12852 Filed 6–2–16; 8:45 am]              the American Chemistry Council’s                       license number or other state
                                                    BILLING CODE 4910–13–P                                  (ACC) Center for the Polyurethanes                     identification number or foreign country


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                                                    35662                        Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                    equivalent, passport number, financial                     collection of public comments to                     0360; and if by overnight mail, to
                                                    account number, or credit or debit card                    consider and use in this proceeding, as              Commission Secretary, DRBC, 25 State
                                                    number. You are also solely responsible                    appropriate. The Commission will                     Police Drive, West Trenton, NJ 08628–
                                                    for making sure that your comment does                     consider all timely and responsive                   0360. Comments also may be delivered
                                                    not include any sensitive health                           public comments that it receives on or               by hand at any time during the
                                                    information, such as medical records or                    before September 6, 2016. You can find               Commission’s regular office hours
                                                    other individually identifiable health                     more information, including routine                  (Monday through Friday, 8:30 a.m.
                                                    information. In addition, do not include                   uses permitted by the Privacy Act, in                through 5:00 p.m. except on national
                                                    any ‘‘[t]rade secret or any commercial or                  the Commission’s privacy policy, at                  holidays) until the close of the comment
                                                    financial information which is . . .                       http://www.ftc.gov/ftc/privacy.htm.                  period at 5:00 p.m. on Friday, August
                                                    privileged or confidential,’’ as discussed                   By direction of the Commission.                    12, 2016. In all cases, please include the
                                                    in section 6(f) of the FTC Act, 15 U.S.C.                                                                       commenter’s name, address and
                                                                                                               Donald S. Clark,
                                                    46(f), and FTC Rule 4.10(a)(2), 16 CFR                                                                          affiliation, if any, in the comment
                                                    4.10(a)(2). In particular, do not include                  Secretary.
                                                                                                                                                                    document and ‘‘Fees Rulemaking’’ in
                                                    competitively sensitive information                        [FR Doc. 2016–13097 Filed 6–2–16; 8:45 am]
                                                                                                                                                                    the subject line.
                                                    such as costs, sales statistics,                           BILLING CODE 6750–01–P
                                                                                                                                                                    FOR FURTHER INFORMATION CONTACT: An
                                                    inventories, formulas, patterns, devices,                                                                       FAQ document explaining this proposal
                                                    manufacturing processes, or customer                                                                            in further detail is available on the
                                                    names.                                                     DELAWARE RIVER BASIN                                 Commission’s Web site, www.drbc.net.
                                                       If you want the Commission to give                      COMMISSION                                           For queries about the rulemaking
                                                    your comment confidential treatment,                                                                            process, please contact Pamela Bush at
                                                    you must file it in paper form, with a                     18 CFR Parts 401 and 420
                                                                                                                                                                    609–477–7203.
                                                    request for confidential treatment, and
                                                                                                               Rules of Practice and Procedure                      SUPPLEMENTARY INFORMATION:
                                                    you must follow the procedure
                                                    explained in FTC Rule 4.9(c), 16 CFR                       Concerning Regulatory Program Fees                      Background. The Delaware River
                                                    4.9(c).1 Your comment will be kept                         and Basin Regulations—Water Supply                   Basin Commission (‘‘DRBC’’ or
                                                    confidential only if the FTC General                       Charges Concerning Rates                             ‘‘Commission’’) is a Federal interstate
                                                    Counsel grants your request in                                                                                  compact agency charged with managing
                                                                                                               AGENCY:  Delaware River Basin                        the water resources of the Delaware
                                                    accordance with the law and the public                     Commission.
                                                    interest.                                                                                                       River Basin on a regional basis without
                                                                                                               ACTION: Proposed rule; notice of public              regard to political boundaries. Its
                                                       Postal mail addressed to the
                                                    Commission is subject to delay due to                      hearing.                                             members are the governors of the four
                                                    heightened security screening. As a                                                                             basin states—Delaware, New Jersey,
                                                                                                               SUMMARY:    The Commission is proposing              New York and Pennsylvania—and the
                                                    result, we encourage you to submit your                    amendments to the Rules of Practice
                                                    comments online. To make sure that the                                                                          North Atlantic Division Commander of
                                                                                                               and Procedure to adopt a new project                 the U.S. Army Corps of Engineers,
                                                    Commission considers your online                           review fee structure and to the Basin
                                                    comment, you must file it at https://                                                                           representing the federal government.
                                                                                                               Regulations—Water Supply Charges to                  DRBC is proposing a comprehensive
                                                    ftcpublic.commentworks.com/ftc/                            provide for automatic inflation
                                                    rvaluerule, by following the instruction                                                                        revision of its project review fee
                                                                                                               adjustments. These changes also are                  structure, including an automatic
                                                    on the web-based form. If this Notice                      proposed to be incorporated into the
                                                    appears at http://www.regulations.gov,                                                                          annual indexed inflation adjustment for
                                                                                                               Commission’s Comprehensive Plan.                     most fees. The inflation adjustment is
                                                    you also may file a comment through
                                                                                                               DATES: The Commission will hold a                    also proposed for DRBC’s water supply
                                                    that Web site.
                                                       If you prefer to file your comment on                   public hearing at 1 p.m. on Wednesday,               charges rates applicable to consumptive
                                                    paper, mail your comment to the                            July 27, 2016. The hearing will continue             and non-consumptive surface water
                                                    following address: Federal Trade                           until all those wishing to testify have              withdrawals.
                                                    Commission, Office of the Secretary,                       had an opportunity to do so. Written                    Current fees. DRBC’s current project
                                                    600 Pennsylvania Avenue NW., Suite                         comments will be accepted and must be                review fee structure was adopted by the
                                                    CC–5610 (Annex B), Washington, DC                          received by 5 p.m. on Friday, August 12,             Commission in 2009 by (uncodified)
                                                    20580, or deliver your comment to the                      2016.                                                Resolution No. 2009–2. For projects
                                                    following address: Federal Trade                           ADDRESSES: The public hearing will be                involving total costs of $250,000 or less,
                                                    Commission, Office of the Secretary,                       held in the Goddard Conference Room                  it consists of a flat project review fee of
                                                    Constitution Center, 400 7th Street SW.,                   at the Commission’s office building                  $1,000 for privately sponsored projects
                                                    5th Floor, Suite 5610 (Annex B),                           located at 25 State Police Drive, West               and $500 for publically sponsored
                                                    Washington, DC 20024. If possible,                         Trenton, NJ. As Internet mapping tools               projects. For projects with total costs
                                                    submit your paper comment to the                           are inaccurate for this location, please             greater than $250,000, DRBC’s current
                                                    Commission by courier or overnight                         use the driving directions posted on the             project review fee is based upon a
                                                    service.                                                   Commission’s Web site.                               percentage of the costs of the project
                                                       Visit the Commission Web site at                           Oral Testimony and Written                        attributable to project components
                                                    http://www.ftc.gov to read this ANPR                       Comments: Persons wishing to testify at              physically located within the basin, and
                                                    and the news release describing it. The                    the hearing are asked to register in                 is capped at $75,000. However, projects
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    FTC Act and other laws that the                            advance by phoning Paula Schmitt at                  for which the review is exceptionally
                                                    Commission administers permit the                          609–883–9500, ext. 224. Written                      involved may be charged DRBC’s actual
                                                                                                               comments may be submitted as follows:                costs, which may exceed $75,000. The
                                                       1 In particular, the written request for confidential   If by email, to paula.schmitt@                       current fee structure generates an
                                                    treatment that accompanies the comment must                drbc.nj.gov; if by fax, to Commission                uneven revenue stream that between
                                                    include the factual and legal basis for the request,
                                                    and must identify the specific portions of the
                                                                                                               Secretary at 609–883–9522; if by U.S.                2011 and 2015 produced average annual
                                                    comment to be withheld from the public record. See         Mail, to Commission Secretary, DRBC,                 revenues of $610,843. The
                                                    FTC Rule 4.9(c), 16 CFR 4.9(c).                            P.O. Box 7360, West Trenton, NJ 08628–               Commission’s total cost associated with


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Document Created: 2018-02-08 07:29:50
Document Modified: 2018-02-08 07:29:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking; extension of deadline for submission of public comments.
DatesThe comment period for the advance notice of proposed rulemaking published April 6, 2016 (81 FR 19936), is extended. Comments must be received on or before September 6, 2016.
ContactHampton Newsome, (202) 326-2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation81 FR 35661 

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