81_FR_50128 81 FR 49982 - Request for Scientific Views: Draft Aquatic Life Ambient Estuarine/Marine Water Quality Criteria for Copper-2016

81 FR 49982 - Request for Scientific Views: Draft Aquatic Life Ambient Estuarine/Marine Water Quality Criteria for Copper-2016

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 146 (July 29, 2016)

Page Range49982-49983
FR Document2016-18014

The Environmental Protection Agency (EPA) is announcing the availability of EPA's Draft Aquatic Life Ambient Estuarine/Marine Water Quality Criteria for Copper--2016 for public comment. EPA's Clean Water Act section 304(a)(1) draft recommended water quality criteria incorporate a recently-developed saltwater biotic ligand model (BLM) and the latest scientific information for estuarine/marine aquatic organisms. The updated recommended criteria will be particularly beneficial in the adoption of water quality standards for the protection of aquatic life in and around coastal harbors and marinas, where antifouling paints and coatings on vessels and marine structures represent one of the most commonly identified sources of copper to the estuarine/marine environment. Following closure of this 60-day public comment period, EPA will consider the comments, revise the document, as appropriate, and then publish a final document that will provide recommendations for states and authorized tribes to establish water quality standards under the Clean Water Act (CWA).

Federal Register, Volume 81 Issue 146 (Friday, July 29, 2016)
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49982-49983]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18014]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2016-0332; FRL9949-87-OW]


Request for Scientific Views: Draft Aquatic Life Ambient 
Estuarine/Marine Water Quality Criteria for Copper--2016

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of EPA's Draft Aquatic Life Ambient Estuarine/Marine Water 
Quality Criteria for Copper--2016 for public comment. EPA's Clean Water 
Act section 304(a)(1) draft recommended water quality criteria 
incorporate a recently-developed saltwater biotic ligand model (BLM) 
and the latest scientific information for estuarine/marine aquatic 
organisms. The updated recommended criteria will be particularly 
beneficial in the adoption of water quality standards for the 
protection of aquatic life in and around coastal harbors and marinas, 
where antifouling paints and coatings on vessels and marine structures 
represent one of the most commonly identified sources of copper to the 
estuarine/marine environment.
    Following closure of this 60-day public comment period, EPA will 
consider the comments, revise the document, as appropriate, and then 
publish a final document that will provide recommendations for states 
and authorized tribes to establish water quality standards under the 
Clean Water Act (CWA).

DATES: Comments must be received on or before September 27, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2016-0332, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mike Elias, Health and Ecological 
Criteria Division, Office of Water, (Mail Code 4304T), Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; 
telephone: (202) 566-0120; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How can I get copies of this document and other related information?

    1. Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Water Docket, EPA/DC, EPA 
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Water 
Docket is (202) 566-2426. For additional information about EPA's public 
docket, visit EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

II. What are EPA's recommended water quality criteria?

    EPA's recommended water quality criteria are scientifically derived 
numeric values that protect aquatic life or human health from the 
deleterious effects of pollutants in ambient water. Section 304(a)(1) 
of the Clean Water Act (CWA) directs EPA to develop and publish and, 
from time to time, revise criteria for protection of aquatic life and 
human health that accurately reflect the latest scientific knowledge. 
Water quality criteria developed under section 304(a)(1) are based 
solely on data and the latest scientific knowledge on the relationship 
between pollutant concentrations and environmental and human health 
effects. Section 304(a)(1) criteria do not reflect consideration of 
economic impacts or the technological feasibility of meeting pollutant 
concentrations in ambient water.
    EPA's recommended section 304(a)(1) criteria provide technical 
information to states and authorized tribes in adopting water quality 
standards (WQS) that ultimately provide a basis for assessing water 
body health and controlling discharges of pollutants. Under the CWA and 
its implementing regulations, states and authorized tribes are to adopt 
water quality criteria to protect designated uses (e.g., public water 
supply, aquatic life, recreational use, or industrial use). EPA's 
recommended water quality criteria do not substitute

[[Page 49983]]

for the CWA or regulations, nor are they regulations themselves. EPA's 
recommended criteria do not impose legally binding requirements. States 
and authorized tribes have the discretion to adopt, where appropriate, 
other scientifically defensible water quality criteria that differ from 
these recommendations.

III. What is estuarine/marine copper and why is EPA concerned about it?

    Copper is an abundant trace element that occurs naturally in the 
earth's crust and surface waters. It is a nutrient that is essential to 
aquatic organisms at low concentrations, but is toxic to aquatic 
organisms at higher concentrations. In addition to acute effects such 
as mortality, chronic exposure to copper can lead to adverse effects on 
survival, growth, reproduction as well as alterations of brain 
function, enzyme activity, blood chemistry, and metabolism in aquatic 
organisms. Copper is commonly found in aquatic systems as a result of 
both natural and anthropogenic sources. Natural sources of copper in 
aquatic systems include geological deposits, volcanic activity, and 
weathering and erosion of rocks and soils. Anthropogenic sources of 
copper include mining activities, agriculture, metal and electrical 
manufacturing, sludge from publicly-owned treatment works (POTWs), 
pesticide use and more. A major source of copper in the marine 
environment is antifouling paints, used as coatings for ship hulls, 
buoys, and underwater surfaces, and as a legacy contaminant from 
decking, pilings and some marine structures that used chromated copper 
arsenate (CCA) treated timbers.

IV. Information on the Draft Document

    The 2016 draft recommended update uses the saltwater biotic ligand 
model (BLM), a bioavailability model that relies on water quality input 
parameters, to estimate copper criteria protective of aquatic life in 
estuarine/marine environments. The BLM allows users to determine 
criteria values based on site-specific water quality variables 
(temperature, pH, dissolved organic carbon, and salinity) that 
influence the bioavailability and toxicity of copper in estuarine/
marine environments. EPA has included new acute toxicity data for 
estuarine/marine species in the 2016 draft recommended update. EPA used 
a total of 74 genera to derive the estuarine/marine criterion maximum 
concentration (CMC) in the 2016 update compared to the 44 genera EPA 
used in EPA's 2003 draft estuarine/marine criteria for copper. 
Incorporation of the BLM accounts for copper bioavailability in natural 
aquatic systems, in contrast to the 2003 draft criteria which did not 
account for the interactions of these parameters on copper 
bioavailability and their effect on copper toxicity.

V. Solicitation of Scientific Views

    EPA is soliciting additional scientific views, data, and 
information regarding the science and technical approach used in the 
derivation of the draft document.

    Dated: July 15, 2016.
Joel Beauvais,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2016-18014 Filed 7-28-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                49982                            Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices

                                                  Ends: 08/29/2016, Contact: Jeanie                      marine aquatic organisms. The updated                 I. General Information
                                                  Cole 907–474–2340                                      recommended criteria will be
                                                EIS No. 20160174, Draft Supplement,                                                                            A. How can I get copies of this
                                                                                                         particularly beneficial in the adoption of            document and other related
                                                  FHWA, WV, US 340 Improvement                           water quality standards for the                       information?
                                                  Study, Comment Period Ends: 09/30/                     protection of aquatic life in and around
                                                  2016, Contact: Jason Workman 304–                      coastal harbors and marinas, where                       1. Docket: All documents in the
                                                  347–5928                                                                                                     docket are listed in the
                                                                                                         antifouling paints and coatings on
                                                EIS No. 20160175, Draft, FERC, PA,                                                                             www.regulations.gov index. Although
                                                                                                         vessels and marine structures represent
                                                  PennEast Pipeline Project, Comment                                                                           listed in the index, some information is
                                                                                                         one of the most commonly identified                   not publicly available, e.g., CBI or other
                                                  Period Ends: 09/12/2016, Contact:
                                                                                                         sources of copper to the estuarine/                   information whose disclosure is
                                                  Medha Kochhar 202–502–8964
                                                EIS No. 20160176, Draft, USACE, NY,                      marine environment.                                   restricted by statute. Certain other
                                                  Fire Island Inlet to Montauk Point,                      Following closure of this 60-day                    material, such as copyrighted material,
                                                  New York Combined Beach Erosion                        public comment period, EPA will                       will be publicly available only in hard
                                                  Control and Hurricane Protection                       consider the comments, revise the                     copy. Publicly available docket
                                                  Project, Comment Period Ends: 09/29/                   document, as appropriate, and then                    materials are available either
                                                  2016, Contact: Robert Smith 917–790–                   publish a final document that will                    electronically in www.regulations.gov or
                                                  8729                                                   provide recommendations for states and                in hard copy at the Water Docket, EPA/
                                                                                                         authorized tribes to establish water                  DC, EPA West, Room 3334, 1301
                                                Amended Notices                                                                                                Constitution Ave. NW., Washington,
                                                                                                         quality standards under the Clean Water
                                                EIS No. 20160118, Draft, BLM, CO,                                                                              DC. The Public Reading Room is open
                                                                                                         Act (CWA).
                                                  Uncompahgre Draft Resource                                                                                   from 8:30 a.m. to 4:30 p.m., Monday
                                                  Management Plan, Comment Period                        DATES: Comments must be received on                   through Friday, excluding legal
                                                  Ends: 11/01/2016, Contact: Gina Jones                  or before September 27, 2016.                         holidays. The telephone number for the
                                                  970–240–5381; Revision to FR Notice                                                                          Public Reading Room is (202) 566–1744,
                                                  Published 06/03/2016; Extending                        ADDRESSES:   Submit your comments,
                                                                                                                                                               and the telephone number for the Water
                                                  Comment Period from 09/01/2016 to                      identified by Docket ID No. EPA–HQ–                   Docket is (202) 566–2426. For additional
                                                  11/01/2016                                             OW–2016–0332, to the Federal                          information about EPA’s public docket,
                                                EIS No. 20160152, Draft, USFS, NM,                       eRulemaking Portal: http://                           visit EPA Docket Center homepage at
                                                  Santa Fe National Forest Geothermal                    www.regulations.gov. Follow the online                http://www.epa.gov/epahome/
                                                  Leasing, Comment Period Ends: 10/                      instructions for submitting comments.                 dockets.htm.
                                                  28/2016, Contact: Larry Gore 575–                      Once submitted, comments cannot be
                                                                                                         edited or withdrawn. EPA may publish                  II. What are EPA’s recommended water
                                                  289–3264; Revision to FR Notice
                                                                                                         any comment received to its public                    quality criteria?
                                                  Published 07/08/2016; Change
                                                  Comment Period from 08/22/2016 to                      docket. Do not submit electronically any                 EPA’s recommended water quality
                                                  10/28/2016                                             information you consider to be                        criteria are scientifically derived
                                                                                                         Confidential Business Information (CBI)               numeric values that protect aquatic life
                                                  Dated: July 26, 2016.
                                                                                                         or other information whose disclosure is              or human health from the deleterious
                                                Dawn Roberts,
                                                                                                         restricted by statute. Multimedia                     effects of pollutants in ambient water.
                                                Management Analyst, NEPA Compliance                                                                            Section 304(a)(1) of the Clean Water Act
                                                Division, Office of Federal Activities.                  submissions (audio, video, etc.) must be
                                                                                                         accompanied by a written comment.                     (CWA) directs EPA to develop and
                                                [FR Doc. 2016–18021 Filed 7–28–16; 8:45 am]
                                                                                                                                                               publish and, from time to time, revise
                                                BILLING CODE 6560–50–P                                   The written comment is considered the
                                                                                                                                                               criteria for protection of aquatic life and
                                                                                                         official comment and should include
                                                                                                                                                               human health that accurately reflect the
                                                                                                         discussion of all points you wish to                  latest scientific knowledge. Water
                                                ENVIRONMENTAL PROTECTION                                 make. EPA will generally not consider                 quality criteria developed under section
                                                AGENCY                                                   comments or comment contents located                  304(a)(1) are based solely on data and
                                                [EPA–HQ–OW–2016–0332; FRL9949–87–                        outside of the primary submission (i.e.,              the latest scientific knowledge on the
                                                OW]                                                      on the web, cloud, or other file sharing              relationship between pollutant
                                                                                                         system). For additional submission                    concentrations and environmental and
                                                Request for Scientific Views: Draft                      methods, the full EPA public comment                  human health effects. Section 304(a)(1)
                                                Aquatic Life Ambient Estuarine/Marine                    policy, information about CBI or                      criteria do not reflect consideration of
                                                Water Quality Criteria for Copper—                       multimedia submissions, and general                   economic impacts or the technological
                                                2016                                                     guidance on making effective                          feasibility of meeting pollutant
                                                AGENCY: Environmental Protection                         comments, please visit http://                        concentrations in ambient water.
                                                Agency (EPA).                                            www2.epa.gov/dockets/commenting-                         EPA’s recommended section 304(a)(1)
                                                ACTION: Notice of availability.                          epa-dockets.                                          criteria provide technical information to
                                                                                                                                                               states and authorized tribes in adopting
                                                SUMMARY:    The Environmental Protection                 FOR FURTHER INFORMATION CONTACT:                      water quality standards (WQS) that
                                                Agency (EPA) is announcing the                           Mike Elias, Health and Ecological                     ultimately provide a basis for assessing
                                                availability of EPA’s Draft Aquatic Life                 Criteria Division, Office of Water, (Mail             water body health and controlling
                                                Ambient Estuarine/Marine Water                           Code 4304T), Environmental Protection                 discharges of pollutants. Under the
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                                                Quality Criteria for Copper—2016 for                     Agency, 1200 Pennsylvania Avenue                      CWA and its implementing regulations,
                                                public comment. EPA’s Clean Water Act                    NW., Washington, DC 20460; telephone:                 states and authorized tribes are to adopt
                                                section 304(a)(1) draft recommended                      (202) 566–0120; email:                                water quality criteria to protect
                                                water quality criteria incorporate a                     elias.mike@epa.gov.                                   designated uses (e.g., public water
                                                recently-developed saltwater biotic                                                                            supply, aquatic life, recreational use, or
                                                ligand model (BLM) and the latest                        SUPPLEMENTARY INFORMATION:                            industrial use). EPA’s recommended
                                                scientific information for estuarine/                                                                          water quality criteria do not substitute


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                                                                                 Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices                                           49983

                                                for the CWA or regulations, nor are they                 in natural aquatic systems, in contrast to            PRA that does not display a valid OMB
                                                regulations themselves. EPA’s                            the 2003 draft criteria which did not                 control number.
                                                recommended criteria do not impose                       account for the interactions of these                 DATES: Written comments should be
                                                legally binding requirements. States and                 parameters on copper bioavailability                  submitted on or before August 29, 2016.
                                                authorized tribes have the discretion to                 and their effect on copper toxicity.                  If you anticipate that you will be
                                                adopt, where appropriate, other                                                                                submitting comments, but find it
                                                scientifically defensible water quality                  V. Solicitation of Scientific Views
                                                                                                                                                               difficult to do so within the period of
                                                criteria that differ from these                            EPA is soliciting additional scientific             time allowed by this notice, you should
                                                recommendations.                                         views, data, and information regarding                advise the contacts below as soon as
                                                                                                         the science and technical approach used               possible.
                                                III. What is estuarine/marine copper
                                                                                                         in the derivation of the draft document.
                                                and why is EPA concerned about it?                                                                             ADDRESSES:    Direct all PRA comments to
                                                                                                           Dated: July 15, 2016.                               Nicholas A. Fraser, OMB, via email
                                                   Copper is an abundant trace element
                                                                                                         Joel Beauvais,                                        Nicholas_A._Fraser@omb.eop.gov; and
                                                that occurs naturally in the earth’s crust
                                                and surface waters. It is a nutrient that                Deputy Assistant Administrator, Office of             to Cathy Williams, FCC, via email
                                                is essential to aquatic organisms at low                 Water.                                                PRA@fcc.gov and to
                                                concentrations, but is toxic to aquatic                  [FR Doc. 2016–18014 Filed 7–28–16; 8:45 am]           Cathy.Williams@fcc.gov. Include in the
                                                organisms at higher concentrations. In                   BILLING CODE 6560–50–P                                comments the OMB control number as
                                                addition to acute effects such as                                                                              shown in the SUPPLEMENTARY
                                                mortality, chronic exposure to copper                                                                          INFORMATION section below.
                                                can lead to adverse effects on survival,                 FEDERAL COMMUNICATIONS                                FOR FURTHER INFORMATION CONTACT: For
                                                growth, reproduction as well as                          COMMISSION                                            additional information or copies of the
                                                alterations of brain function, enzyme                                                                          information collection, contact Cathy
                                                activity, blood chemistry, and                           [OMB 3060–0192]                                       Williams at (202) 418–2918. To view a
                                                metabolism in aquatic organisms.                                                                               copy of this information collection
                                                Copper is commonly found in aquatic                      Information Collections Being                         request (ICR) submitted to OMB: (1) Go
                                                systems as a result of both natural and                  Submitted for Review and Approval to                  to the Web page <http://
                                                anthropogenic sources. Natural sources                   the Office of Management and Budget                   www.reginfo.gov/public/do/PRAMain>,
                                                of copper in aquatic systems include                                                                           (2) look for the section of the Web page
                                                geological deposits, volcanic activity,                  AGENCY: Federal Communications                        called ‘‘Currently Under Review,’’ (3)
                                                and weathering and erosion of rocks and                  Commission.                                           click on the downward-pointing arrow
                                                soils. Anthropogenic sources of copper                   ACTION: Notice and request for                        in the ‘‘Select Agency’’ box below the
                                                include mining activities, agriculture,                  comments.                                             ‘‘Currently Under Review’’ heading, (4)
                                                metal and electrical manufacturing,                                                                            select ‘‘Federal Communications
                                                sludge from publicly-owned treatment                     SUMMARY: As part of its continuing effort
                                                                                                                                                               Commission’’ from the list of agencies
                                                works (POTWs), pesticide use and more.                   to reduce paperwork burdens, and as                   presented in the ‘‘Select Agency’’ box,
                                                A major source of copper in the marine                   required by the Paperwork Reduction                   (5) click the ‘‘Submit’’ button to the
                                                environment is antifouling paints, used                  Act (PRA) of 1995 (44 U.S.C. 3501–                    right of the ‘‘Select Agency’’ box, (6)
                                                as coatings for ship hulls, buoys, and                   3520), the Federal Communications                     when the list of FCC ICRs currently
                                                underwater surfaces, and as a legacy                     Commission (FCC or Commission)                        under review appears, look for the OMB
                                                contaminant from decking, pilings and                    invites the general public and other                  control number of this ICR and then
                                                some marine structures that used                         Federal agencies to take this                         click on the ICR Reference Number. A
                                                chromated copper arsenate (CCA)                          opportunity to comment on the                         copy of the FCC submission to OMB
                                                treated timbers.                                         following information collections.                    will be displayed.
                                                                                                         Comments are requested concerning:
                                                IV. Information on the Draft Document                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                         Whether the proposed collection of
                                                   The 2016 draft recommended update                     information is necessary for the proper                  OMB Control No.: 3060–0192.
                                                                                                                                                                  Title: Section 87.103, Posting Station
                                                uses the saltwater biotic ligand model                   performance of the functions of the
                                                                                                                                                               License.
                                                (BLM), a bioavailability model that                      Commission, including whether the
                                                                                                                                                                  Form No.: N/A.
                                                relies on water quality input parameters,                information shall have practical utility;                Type of Review: Extension of a
                                                to estimate copper criteria protective of                the accuracy of the Commission’s                      currently approved collection.
                                                aquatic life in estuarine/marine                         burden estimate; ways to enhance the                     Respondents: Business or other for-
                                                environments. The BLM allows users to                    quality, utility, and clarity of the                  profit, not-for-profit institutions, and
                                                determine criteria values based on site-                 information collected; ways to minimize               state, local and tribal government.
                                                specific water quality variables                         the burden of the collection of                          Number of Respondents and
                                                (temperature, pH, dissolved organic                      information on the respondents,                       Responses: 33,622 respondents, 33,622
                                                carbon, and salinity) that influence the                 including the use of automated                        responses.
                                                bioavailability and toxicity of copper in                collection techniques or other forms of                  Estimated Time per Response: .25
                                                estuarine/marine environments. EPA                       information technology; and ways to                   hours.
                                                has included new acute toxicity data for                 further reduce the information                           Frequency of Response:
                                                estuarine/marine species in the 2016                     collection burden on small business                   Recordkeeping requirement.
                                                draft recommended update. EPA used a                     concerns with fewer than 25 employees.
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                                                                                                                                                                  Obligation to Respond: Required to
                                                total of 74 genera to derive the                         The FCC may not conduct or sponsor a                  obtain or retain benefits. The statutory
                                                estuarine/marine criterion maximum                       collection of information unless it                   authority for this collection is contained
                                                concentration (CMC) in the 2016 update                   displays a currently valid Office of                  in 47 U.S.C. 303.
                                                compared to the 44 genera EPA used in                    Management and Budget (OMB) control                      Total Annual Burden: 8,406 hours.
                                                EPA’s 2003 draft estuarine/marine                        number. No person shall be subject to                    Annual Cost Burden: No cost.
                                                criteria for copper. Incorporation of the                any penalty for failing to comply with                   Privacy Act Impact Assessment: No
                                                BLM accounts for copper bioavailability                  a collection of information subject to the            impacts.


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Document Created: 2018-02-08 07:51:29
Document Modified: 2018-02-08 07:51:29
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
ActionNotice of availability.
DatesComments must be received on or before September 27, 2016.
ContactMike Elias, Health and Ecological Criteria Division, Office of Water, (Mail Code 4304T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 566-0120; email: [email protected]
FR Citation81 FR 49982 

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