81_FR_37391 81 FR 37280 - Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory Actions

81 FR 37280 - Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory Actions

DEPARTMENT OF DEFENSE

Federal Register Volume 81, Issue 111 (June 9, 2016)

Page Range37280-37281
FR Document2016-12901

The Department of Defense (DoD) is publishing this semiannual agenda of regulatory documents, including those that are procurement- related, for public information and comments under Executive Order 12866 ``Regulatory Planning and Review''. This agenda incorporates the objective and criteria, when applicable, of the regulatory reform program under the Executive Order and other regulatory guidance. It contains DoD regulations initiated by DoD components that may have economic and environmental impact on State, local, or tribal interests under the criteria of Executive Order 12866. Although most DoD regulations listed in the agenda are of limited public impact, their nature may be of public interest and, therefore, are published to provide notice of rulemaking and an opportunity for public participation in the internal DoD rulemaking process. Members of the public may submit comments on individual proposed and interim final rulemakings at www.regulations.gov during the comment period that follows publication in the Federal Register. This agenda updates the report published on November 19, 2015, and includes regulations expected to be issued and under review over the next 12 months. The next agenda is scheduled to be published in the fall of 2016. The complete Unified Agenda will be available online at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), the Department of Defense's printed agenda entries include only: (1) Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and (2) any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's agenda requirements. Additional information on these entries is in the Unified Agenda available online.

Federal Register, Volume 81 Issue 111 (Thursday, June 9, 2016)
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Unknown Section]
[Pages 37280-37281]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12901]



[[Page 37279]]

Vol. 81

Thursday,

No. 111

June 9, 2016

Part V





Department of Defense





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Semiannual Regulatory Agenda

Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / 
Unified Agenda

[[Page 37280]]


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DEPARTMENT OF DEFENSE

32 CFR Chs. I, V, VI, and VII

33 CFR Ch. II

36 CFR Ch. III

48 CFR Ch. II


Improving Government Regulations; Unified Agenda of Federal 
Regulatory and Deregulatory Actions

AGENCY: Department of Defense (DoD).

ACTION: Semiannual regulatory agenda.

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

SUMMARY: The Department of Defense (DoD) is publishing this semiannual 
agenda of regulatory documents, including those that are procurement-
related, for public information and comments under Executive Order 
12866 ``Regulatory Planning and Review''. This agenda incorporates the 
objective and criteria, when applicable, of the regulatory reform 
program under the Executive Order and other regulatory guidance. It 
contains DoD regulations initiated by DoD components that may have 
economic and environmental impact on State, local, or tribal interests 
under the criteria of Executive Order 12866. Although most DoD 
regulations listed in the agenda are of limited public impact, their 
nature may be of public interest and, therefore, are published to 
provide notice of rulemaking and an opportunity for public 
participation in the internal DoD rulemaking process. Members of the 
public may submit comments on individual proposed and interim final 
rulemakings at www.regulations.gov during the comment period that 
follows publication in the Federal Register.
    This agenda updates the report published on November 19, 2015, and 
includes regulations expected to be issued and under review over the 
next 12 months. The next agenda is scheduled to be published in the 
fall of 2016. The complete Unified Agenda will be available online at 
www.reginfo.gov.
    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory Flexibility 
Act (5 U.S.C. 602), the Department of Defense's printed agenda entries 
include only:
    (1) Rules that are in the Agency's regulatory flexibility agenda, 
in accordance with the Regulatory Flexibility Act, because they are 
likely to have a significant economic impact on a substantial number of 
small entities; and
    (2) any rules that the Agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act.
    Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's agenda 
requirements. Additional information on these entries is in the Unified 
Agenda available online.

FOR FURTHER INFORMATION CONTACT: For information concerning the overall 
DoD regulatory improvement program and for general semiannual agenda 
information, contact Ms. Patricia Toppings, telephone 571-372-0485, or 
write to Office of the Deputy Chief Management Officer, Directorate for 
Oversight and Compliance, Regulatory and Audit Matters Office, 9010 
Defense Pentagon, Washington, DC 20301-9010, or email: 
[email protected].
    For questions of a legal nature concerning the agenda and its 
statutory requirements or obligations, write to Office of the General 
Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600, or call 703-
697-2714.
    For general information on Office of the Secretary regulations, 
other than those which are procurement-related, contact Ms. Morgan 
Park, telephone 571-372-0489, or write to Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010, or email: [email protected].
    For general information on Office of the Secretary regulations 
which are procurement-related, contact Ms. Jennifer Hawes, telephone 
571-372-6115, or write to Office of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics, Defense Procurement and 
Acquisition Policy, Defense Acquisition Regulations System, Room 3B941, 
3060 Defense Pentagon, Washington, DC 20301-3060, or email: 
[email protected].
    For general information on Department of the Army regulations, 
contact Ms. Brenda Bowen, telephone 703-428-6173, or write to the U.S. 
Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C, 
Casey Building, Room 102, 7701 Telegraph Road, Alexandria, Virginia 
22315-3860, or email: [email protected].
    For general information on the U.S. Army Corps of Engineers 
regulations, contact Mr. Chip Smith, telephone 703-693-3644, or write 
to Office of the Deputy Assistant Secretary of the Army (Policy and 
Legislation), 108 Army Pentagon, Room 2E569, Washington, DC 20310-0108, 
or email: [email protected].
    For general information on Department of the Navy regulations, 
contact CDR Noreen Hagerty-Ford, telephone 703-614-7408, or write to 
Department of the Navy, Office of the Judge Advocate General, 
Administrative Law Division (Code 13), Washington Navy Yard, 1322 
Patterson Avenue SE., Suite 3000, Washington, DC 20374-5066, or email: 
[email protected].
    For general information on Department of the Air Force regulations, 
contact Bao-Anh Trinh, telephone 703-614-8500, or write the Office of 
the Secretary of the Air Force, Chief, Information Dominance/Chief 
Information Officer (SAF CIO/A6), 1800 Air Force Pentagon, Washington, 
DC 20330-1800, or email: [email protected].
    For specific agenda items, contact the appropriate individual 
indicated in each DoD component report.

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of 
Federal Regulatory and Deregulatory Actions is composed of the 
regulatory status reports, including procurement-related regulatory 
status reports, from the Office of the Secretary of Defense (OSD) and 
the Departments of the Army and Navy. Included also is the regulatory 
status report from the U.S. Army Corps of Engineers, whose civil works 
functions fall under the reporting requirements of Executive Order 
12866 and involve water resource projects and regulation of activities 
in waters of the United States.
    In addition, this agenda, although published under the reporting 
requirements of Executive Order 12866, continues to be the DoD single-
source reporting vehicle, which identifies regulations that are 
currently applicable under the various regulatory reform programs in 
progress. Therefore, DoD components will identify those rules which 
come under the criteria of the:
    a. Regulatory Flexibility Act;
    b. Paperwork Reduction Act of 1995;
    c. Unfunded Mandates Reform Act of 1995.
    Those DoD regulations, which are directly applicable under these 
statutes, will be identified in the agenda and their action status 
indicated. Generally, the regulatory status reports in this agenda will 
contain five sections: (1) Prerule stage; (2) proposed rule stage; (3) 
final rule stage; (4) completed actions; and (5) long-term actions. 
Where certain regulatory actions indicate that small entities are 
affected, the effect on these entities may not necessarily have 
significant economic impact on a

[[Page 37281]]

substantial number of these entities as defined in the Regulatory 
Flexibility Act (5 U.S.C. 601(6)).
    Although not a regulatory agency, DoD will continue to participate 
in regulatory initiatives designed to reduce economic costs and 
unnecessary burdens upon the public. Comments and recommendations are 
invited on the rules reported and should be addressed to the DoD 
component representatives identified in the regulatory status reports. 
Although sensitive to the needs of the public, as well as regulatory 
reform, DoD reserves the right to exercise the exemptions and 
flexibility permitted in its rulemaking process in order to proceed 
with its overall defense-oriented mission. The publishing of this 
agenda does not waive the applicability of the military affairs 
exemption in section 553 of title 5 U.S.C. and section 3 of Executive 
Order 12866. Executive Order 13563 recognizes the importance of 
maintaining a consistent culture of retrospective review and analysis 
throughout the executive branch. DoD's retrospective review plan is 
intended to identify certain significant rules that are obsolete, 
unnecessary, unjustified, excessively burdensome, or counterproductive 
and can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.

    Dated: March 13, 2016.
David Tillotson III,
Assistant Deputy Chief Management Officer.

   Office of Assistant Secretary for Health Affairs--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
88........................  TRICARE; Reimbursement of          0720-AB47
                             Long Term Care Hospitals.
------------------------------------------------------------------------

DEPARTMENT OF DEFENSE (DOD)

Office of Assistant Secretary for Health Affairs (DODOASHA)

Final Rule Stage

88. TRICARE; Reimbursement of Long Term Care Hospitals

    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch 55
    Abstract: The rule implements the statutory provision in 10 U.S.C. 
1079(j)(2) that TRICARE payment methods for institutional care shall be 
determined to the extent practicable in accordance with the same 
reimbursement rules as those that apply to payments to providers of 
services of the same type under Medicare. This rule implements a 
reimbursement methodology similar to that furnished to Medicare 
beneficiaries for services provided by long-term care hospitals. The 
revisions to this rule will be reported in future status updates as 
part of DoD's retrospective plan under Executive Order 13563, completed 
in August 2011. DoD's full plan can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/26/15  80 FR 3926
NPRM Comment Period End.............   03/27/15  .......................
Final Action........................   08/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ann N. Fazzini, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 1200 Defense Pentagon, 
Washington, DC 20301, Phone: 303 676-3803.
    RIN: 0720-AB47

[FR Doc. 2016-12901 Filed 6-8-16; 8:45 am]
 BILLING CODE 5001-06-P



                                                   37280                    Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda

                                                   DEPARTMENT OF DEFENSE                                   section 610 of the Regulatory Flexibility                 For general information on
                                                                                                           Act.                                                   Department of the Navy regulations,
                                                   32 CFR Chs. I, V, VI, and VII                              Printing of these entries is limited to             contact CDR Noreen Hagerty-Ford,
                                                                                                           fields that contain information required               telephone 703–614–7408, or write to
                                                   33 CFR Ch. II                                           by the Regulatory Flexibility Act’s                    Department of the Navy, Office of the
                                                                                                           agenda requirements. Additional                        Judge Advocate General, Administrative
                                                   36 CFR Ch. III                                          information on these entries is in the                 Law Division (Code 13), Washington
                                                                                                           Unified Agenda available online.                       Navy Yard, 1322 Patterson Avenue SE.,
                                                   48 CFR Ch. II                                           FOR FURTHER INFORMATION CONTACT: For                   Suite 3000, Washington, DC 20374–
                                                                                                           information concerning the overall DoD                 5066, or email: noreen.hagerty-ford@
                                                   Improving Government Regulations;                       regulatory improvement program and                     navy.mil.
                                                   Unified Agenda of Federal Regulatory                    for general semiannual agenda                             For general information on
                                                   and Deregulatory Actions                                information, contact Ms. Patricia                      Department of the Air Force regulations,
                                                   AGENCY:    Department of Defense (DoD).                 Toppings, telephone 571–372–0485, or                   contact Bao-Anh Trinh, telephone 703–
                                                   ACTION:   Semiannual regulatory agenda.                 write to Office of the Deputy Chief                    614–8500, or write the Office of the
                                                                                                           Management Officer, Directorate for                    Secretary of the Air Force, Chief,
                                                   SUMMARY:    The Department of Defense                   Oversight and Compliance, Regulatory                   Information Dominance/Chief
                                                   (DoD) is publishing this semiannual                     and Audit Matters Office, 9010 Defense                 Information Officer (SAF CIO/A6), 1800
                                                   agenda of regulatory documents,                         Pentagon, Washington, DC 20301–9010,                   Air Force Pentagon, Washington, DC
                                                   including those that are procurement-                   or email: patricia.l.toppings.civ@                     20330–1800, or email:
                                                   related, for public information and                     mail.mil.                                              usaf.pentagon.saf-cio-a6.mbx.af-foia@
                                                   comments under Executive Order 12866                       For questions of a legal nature                     mail.mil.
                                                   ‘‘Regulatory Planning and Review’’.                     concerning the agenda and its statutory                   For specific agenda items, contact the
                                                   This agenda incorporates the objective                  requirements or obligations, write to                  appropriate individual indicated in each
                                                   and criteria, when applicable, of the                   Office of the General Counsel, 1600                    DoD component report.
                                                   regulatory reform program under the                     Defense Pentagon, Washington, DC
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: This
                                                   Executive Order and other regulatory                    20301–1600, or call 703–697–2714.
                                                                                                              For general information on Office of                edition of the Unified Agenda of Federal
                                                   guidance. It contains DoD regulations
                                                                                                           the Secretary regulations, other than                  Regulatory and Deregulatory Actions is
                                                   initiated by DoD components that may
                                                                                                           those which are procurement-related,                   composed of the regulatory status
                                                   have economic and environmental
                                                                                                           contact Ms. Morgan Park, telephone                     reports, including procurement-related
                                                   impact on State, local, or tribal interests
                                                                                                           571–372–0489, or write to Office of the                regulatory status reports, from the Office
                                                   under the criteria of Executive Order
                                                                                                           Deputy Chief Management Officer,                       of the Secretary of Defense (OSD) and
                                                   12866. Although most DoD regulations
                                                                                                           Directorate of Oversight and                           the Departments of the Army and Navy.
                                                   listed in the agenda are of limited public
                                                                                                           Compliance, Regulatory and Audit                       Included also is the regulatory status
                                                   impact, their nature may be of public
                                                                                                           Matters Office, 9010 Defense Pentagon,                 report from the U.S. Army Corps of
                                                   interest and, therefore, are published to
                                                                                                           Washington, DC 20301–9010, or email:                   Engineers, whose civil works functions
                                                   provide notice of rulemaking and an
                                                   opportunity for public participation in                 morgan.e.park.civ@mail.mil.                            fall under the reporting requirements of
                                                   the internal DoD rulemaking process.                       For general information on Office of                Executive Order 12866 and involve
                                                   Members of the public may submit                        the Secretary regulations which are                    water resource projects and regulation
                                                   comments on individual proposed and                     procurement-related, contact Ms.                       of activities in waters of the United
                                                   interim final rulemakings at                            Jennifer Hawes, telephone 571–372–                     States.
                                                   www.regulations.gov during the                          6115, or write to Office of the Under                     In addition, this agenda, although
                                                   comment period that follows                             Secretary of Defense for Acquisition,                  published under the reporting
                                                   publication in the Federal Register.                    Technology, and Logistics, Defense                     requirements of Executive Order 12866,
                                                      This agenda updates the report                       Procurement and Acquisition Policy,                    continues to be the DoD single-source
                                                   published on November 19, 2015, and                     Defense Acquisition Regulations                        reporting vehicle, which identifies
                                                   includes regulations expected to be                     System, Room 3B941, 3060 Defense                       regulations that are currently applicable
                                                   issued and under review over the next                   Pentagon, Washington, DC 20301–3060,                   under the various regulatory reform
                                                   12 months. The next agenda is                           or email: jennifer.l.hawes2.civ@mail.mil.              programs in progress. Therefore, DoD
                                                   scheduled to be published in the fall of                   For general information on                          components will identify those rules
                                                   2016. The complete Unified Agenda                       Department of the Army regulations,                    which come under the criteria of the:
                                                   will be available online at                             contact Ms. Brenda Bowen, telephone                       a. Regulatory Flexibility Act;
                                                   www.reginfo.gov.                                        703–428–6173, or write to the U.S.                        b. Paperwork Reduction Act of 1995;
                                                      Because publication in the Federal                   Army Records Management and                               c. Unfunded Mandates Reform Act of
                                                   Register is mandated for the regulatory                 Declassification Agency, ATTN: AAHS–                   1995.
                                                   flexibility agendas required by the                     RDR–C, Casey Building, Room 102,                          Those DoD regulations, which are
                                                   Regulatory Flexibility Act (5 U.S.C.                    7701 Telegraph Road, Alexandria,                       directly applicable under these statutes,
                                                   602), the Department of Defense’s                       Virginia 22315–3860, or email:                         will be identified in the agenda and
                                                   printed agenda entries include only:                    brenda.s.bowen.civ@mail.mil.                           their action status indicated. Generally,
                                                                                                              For general information on the U.S.                 the regulatory status reports in this
sradovich on DSK3TPTVN1PROD with PROPOSALS5




                                                      (1) Rules that are in the Agency’s
                                                   regulatory flexibility agenda, in                       Army Corps of Engineers regulations,                   agenda will contain five sections: (1)
                                                   accordance with the Regulatory                          contact Mr. Chip Smith, telephone 703–                 Prerule stage; (2) proposed rule stage; (3)
                                                   Flexibility Act, because they are likely                693–3644, or write to Office of the                    final rule stage; (4) completed actions;
                                                   to have a significant economic impact                   Deputy Assistant Secretary of the Army                 and (5) long-term actions. Where certain
                                                   on a substantial number of small                        (Policy and Legislation), 108 Army                     regulatory actions indicate that small
                                                   entities; and                                           Pentagon, Room 2E569, Washington, DC                   entities are affected, the effect on these
                                                      (2) any rules that the Agency has                    20310–0108, or email:                                  entities may not necessarily have
                                                   identified for periodic review under                    charles.r.smith567.civ@mail.mil.                       significant economic impact on a


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                                                                                  Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Unified Agenda                                                             37281

                                                   substantial number of these entities as                         of the public, as well as regulatory                        retrospective review and analysis
                                                   defined in the Regulatory Flexibility Act                       reform, DoD reserves the right to                           throughout the executive branch. DoD’s
                                                   (5 U.S.C. 601(6)).                                              exercise the exemptions and flexibility                     retrospective review plan is intended to
                                                     Although not a regulatory agency,                             permitted in its rulemaking process in                      identify certain significant rules that are
                                                   DoD will continue to participate in                             order to proceed with its overall                           obsolete, unnecessary, unjustified,
                                                   regulatory initiatives designed to reduce                       defense-oriented mission. The                               excessively burdensome, or
                                                   economic costs and unnecessary                                  publishing of this agenda does not                          counterproductive and can be accessed
                                                   burdens upon the public. Comments                               waive the applicability of the military                     at: http://www.regulations.gov/
                                                   and recommendations are invited on the                          affairs exemption in section 553 of title                   #!docketDetail;D=DOD-2011-OS-0036.
                                                   rules reported and should be addressed                          5 U.S.C. and section 3 of Executive
                                                   to the DoD component representatives                            Order 12866. Executive Order 13563                            Dated: March 13, 2016.
                                                   identified in the regulatory status                             recognizes the importance of                                David Tillotson III,
                                                   reports. Although sensitive to the needs                        maintaining a consistent culture of                         Assistant Deputy Chief Management Officer.

                                                                                      OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—FINAL RULE STAGE
                                                                                                                                                                                                                      Regulation
                                                     Sequence No.                                                                            Title                                                                   Identifier No.

                                                   88 ......................   TRICARE; Reimbursement of Long Term Care Hospitals ..............................................................................        0720–AB47



                                                   DEPARTMENT OF DEFENSE (DOD)                                     to payments to providers of services of                            Action               Date          FR Cite
                                                                                                                   the same type under Medicare. This rule
                                                   Office of Assistant Secretary for Health
                                                                                                                   implements a reimbursement                                  NPRM Comment               03/27/15
                                                   Affairs (DODOASHA)                                                                                                            Period End.
                                                                                                                   methodology similar to that furnished to
                                                   Final Rule Stage                                                Medicare beneficiaries for services                         Final Action .........     08/00/16
                                                                                                                   provided by long-term care hospitals.
                                                   88. TRICARE; Reimbursement of Long                                                                                            Regulatory Flexibility Analysis
                                                                                                                   The revisions to this rule will be
                                                   Term Care Hospitals                                                                                                         Required: Yes.
                                                                                                                   reported in future status updates as part
                                                     Legal Authority: 5 U.S.C. 301; 10                             of DoD’s retrospective plan under                             Agency Contact: Ann N. Fazzini,
                                                   U.S.C. ch 55                                                    Executive Order 13563, completed in                         Department of Defense, Office of
                                                     Abstract: The rule implements the                             August 2011. DoD’s full plan can be                         Assistant Secretary for Health Affairs,
                                                   statutory provision in 10 U.S.C.                                accessed at: http://www.regulations.gov/                    1200 Defense Pentagon, Washington, DC
                                                   1079(j)(2) that TRICARE payment                                 #!docketDetail;D=DOD-2011-OS-0036.                          20301, Phone: 303 676–3803.
                                                   methods for institutional care shall be                           Timetable:                                                  RIN: 0720–AB47
                                                   determined to the extent practicable in
                                                                                                                                                                               [FR Doc. 2016–12901 Filed 6–8–16; 8:45 am]
                                                   accordance with the same                                               Action                Date           FR Cite
                                                                                                                                                                               BILLING CODE 5001–06–P
                                                   reimbursement rules as those that apply
                                                                                                                   NPRM ..................    01/26/15       80 FR 3926
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Document Created: 2018-02-08 07:34:06
Document Modified: 2018-02-08 07:34:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
ContactFor information concerning the overall DoD regulatory improvement program and for general semiannual agenda information, contact Ms. Patricia Toppings, telephone 571-372-0485, or write to Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010, or email: [email protected]
FR Citation81 FR 37280 
CFR Citation33
Title 33 CFR Chapter II
36
Title 36 CFR Chapter III
48
Title 48 CFR Chapter II

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