81_FR_86801 81 FR 86570 - Amendment of Class C Airspace; El Paso International Airport, TX

81 FR 86570 - Amendment of Class C Airspace; El Paso International Airport, TX

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 231 (December 1, 2016)

Page Range86570-86571
FR Document2016-28726

This action amends Class C airspace at El Paso International Airport, El Paso, TX, by removing a cutout from the Class C airspace area that excludes the airspace within a 2-mile radius of West Texas Airport and the airspace beyond an 8-mile arc from the El Paso International Airport beginning at the 115[deg] bearing from the airport clockwise to the Rio Grande River. Additionally, this rule removes West Texas Airport from the Class C airspace description as the airport is closed, and amends the El Paso International Airport geographic coordinates to coincide with the FAA's aeronautical database. The FAA is taking this action to enable more efficient operations at El Paso International Airport.

Federal Register, Volume 81 Issue 231 (Thursday, December 1, 2016) 
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Rules and Regulations]
[Pages 86570-86571]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28726]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-7417; Airspace Docket No. 16-AWA-4]
RIN 2120-AA66


Amendment of Class C Airspace; El Paso International Airport, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class C airspace at El Paso International 
Airport, El Paso, TX, by removing a cutout from the Class C airspace 
area that excludes the airspace within a 2-mile radius of West Texas 
Airport and the airspace beyond an 8-mile arc from the El Paso 
International Airport beginning at the 115[deg] bearing from the 
airport clockwise to the Rio Grande River. Additionally, this rule 
removes West Texas Airport from the Class C airspace description as the 
airport is closed, and amends the El Paso International Airport 
geographic coordinates to coincide with the FAA's aeronautical 
database. The FAA is taking this action to enable more efficient 
operations at El Paso International Airport.

DATES: Effective date 0901 UTC, February 2, 2017. The Director of the 
Federal Register approves this incorporation by reference action under 
Title 1, Code of Federal Regulations, part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of FAA Order 7400.11A at NARA, call (202) 741-6030, or go 
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group, 
Office of Airspace Services, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it amends the El Paso, TX, Class C airspace area to 
preserve the safe and efficient flow of air traffic in the El Paso, TX, 
area.

History

    On August 17, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to modify the Class C airspace at 
El Paso International Airport, El Paso, TX (81 FR 54752), Docket No. 
FAA-2016-7417. Interested parties were invited to participate in this 
rulemaking effort by submitting written comments on the proposal. One 
comment was received supporting the FAA's proposed action.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and 
Reporting Points, dated August 3, 2016, and effective September 15, 
2016. FAA Order 7400.11A is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11A lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR) 
part 71 by modifying the El Paso International Airport, El Paso, TX, 
Class C airspace area. This action removes the cutout and reduced 
perimeter boundary arc that excludes the airspace extending upward from 
5,200 feet MSL to and including 8,000 feet MSL within a 2-mile radius 
of the West Texas Airport, and the airspace beyond an 8-mile arc from 
the El Paso International Airport beginning at the 115[deg] bearing 
from the airport clockwise to the Rio Grande River. Since West Texas 
Airport (renamed Horizon Airport in 2004) is permanently closed and the 
property sold for non-aviation uses, the purpose for the exclusions no 
longer exists. Thus, the FAA is removing the words ``. . . that 
airspace beyond an 8-mile arc from the El Paso International Airport 
beginning at the 115[deg] bearing from the airport clockwise to the Rio 
Grande River, and that airspace within a 2-mile radius of the West 
Texas Airport, and . . .'' from the regulatory text. The West Texas 
Airport name and geographic coordinate references are also removed from 
the Class C airspace description.
    Additionally, this action amends the exclusion language pertaining 
to the Class C airspace extending upward from 5,200 feet MSL to and 
including 8,000 feet MSL from ``. . . that airspace within Mexico, and 
that airspace west of long 106[deg]27'02'' W.'' to ``. . . that 
airspace west of long. 106[deg]27'02'' W., and that airspace within 
Mexico.'' This change is editorial for format and clarity to 
standardize the exclusion information associated with the Class C 
airspace surface area and shelf.
    Lastly, this action updates the El Paso International Airport 
geographic coordinates to reflect the current airport reference point 
information in the

[[Page 86571]]

FAA's aeronautical database from ``lat. 31[deg]48'24'' N., long. 
106[deg]22'40'' W.'' to ``lat. 31[deg]48'26'' N., long. 106[deg]22'35'' 
W.''
    Class C airspace areas are published in paragraph 4000 of FAA Order 
7400.11A, dated August 3, 2016, and effective September 15, 2016, which 
is incorporated by reference in 14 CFR 71.1. The Class C airspace area 
modification in this document will be published subsequently in the 
Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under 
Department of Transportation (DOT) Regulatory Policies and Procedures 
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation 
of a regulatory evaluation as the anticipated impact is so minimal. 
Since this is a routine matter that will only affect air traffic 
procedures and air navigation, it is certified that this rule, when 
promulgated, will not have a significant economic impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of modifying the El Paso 
International Airport, El Paso, TX, Class C airspace area by removing a 
cutout from the Class C airspace area that excludes the airspace within 
a 2-mile radius of West Texas Airport (now closed) and the airspace 
beyond an 8-mile arc from the El Paso International Airport beginning 
at the 115[deg] bearing from the airport clockwise to the Rio Grande 
River, removing the West Texas Airport and geographic coordinate 
references from the Class C airspace description, and amending the El 
Paso International Airport geographic coordinates to reflect the 
current airport reference point information contained in the FAA's 
aeronautical database qualifies for categorical exclusion under the 
National Environmental Policy Act and its implementing regulations at 
40 CFR part 1500, and in accordance with FAA Order 1050.1F. 
Environmental Impacts: Policies and Procedures, Paragraph 5-6.5a, which 
categorically excludes from further environmental review [R]ulemaking 
actions that designate or modify classes of airspace areas, airways, 
routes, and reporting points. This action is not expected to cause any 
potentially significant environmental impacts. In accordance with FAA 
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, 
this action has been reviewed for factors and circumstances in which a 
normally categorically excluded action may have a significant 
environmental impact requiring further analysis, and it is determined 
that no extraordinary circumstances exist that warrant preparation of 
an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

     Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 
7400.11A, Airspace Designations and Reporting Points, dated August 3, 
2016, and effective September 15, 2016, is amended as follows:

Paragraph 4000 Subpart C--Class C Airspace.

* * * * *

ASW TX C El Paso International Airport, TX [Amended]

El Paso International Airport, TX
    (Lat. 31[deg]48'26'' N., long. 106[deg]22'35'' W.)

    That airspace extending upward from the surface to and including 
8,000 feet MSL within a 5-mile radius of the El Paso International 
Airport, excluding that airspace west of long. 106[deg]27'02'' W., 
and that airspace within Mexico; and that airspace extending upward 
from 5,200 feet MSL to and including 8,000 feet MSL within a 10-mile 
radius of the El Paso International Airport, excluding that airspace 
west of long. 106[deg]27'02'' W., and that airspace within Mexico.

    Issued in Washington, DC, on November 22, 2016.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-28726 Filed 11-30-16; 8:45 am]
 BILLING CODE 4910-13-P

86570 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Rules and Regulations (2) Refer to MCAI European Aviation DATES: Effective date 0901 UTC, FR 54752), Docket No. FAA–2016–7417. Safety Agency AD 2016–0084, dated April February 2, 2017. The Director of the Interested parties were invited to 28, 2016, for more information. You may Federal Register approves this participate in this rulemaking effort by examine the MCAI in the AD docket on the incorporation by reference action under submitting written comments on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. Title 1, Code of Federal Regulations, proposal. One comment was received FAA–2016–6692. part 51, subject to the annual revision of supporting the FAA’s proposed action. (3) RR Alert NMSB RB.211–72–AJ165, FAA Order 7400.11 and publication of Availability and Summary of dated March 31, 2016, which is not conforming amendments. Documents for Incorporation by incorporated by reference in this AD, can be ADDRESSES: FAA Order 7400.11A, obtained from RR, using the contact Reference information in paragraph (h)(4) of this AD. Airspace Designations and Reporting Points, and subsequent amendments can This document amends FAA Order (4) For service information identified in 7400.11A, Airspace Designations and this AD, contact Rolls-Royce plc, Corporate be viewed online at http://www.faa.gov/ Reporting Points, dated August 3, 2016, Communications, P.O. Box 31, Derby, air_traffic/publications/. For further and effective September 15, 2016. FAA England, DE24 8BJ; phone: 011–44–1332– information, you can contact the 242424; fax: 011–44–1332–249936; email: Order 7400.11A is publicly available as Airspace Policy Group, Federal Aviation http://www.rolls-royce.com/contact/civil_ listed in the ADDRESSES section of this Administration, 800 Independence team.jsp; Internet: https://customers.rolls- document. FAA Order 7400.11A lists Avenue SW., Washington, DC 20591; royce.com/public/rollsroycecare. Class A, B, C, D, and E airspace areas, (5) You may view this service information telephone: (202) 267–8783. The Order is air traffic service routes, and reporting at the FAA, Engine & Propeller Directorate, also available for inspection at the points. 1200 District Avenue, Burlington, MA. For National Archives and Records information on the availability of this Administration (NARA). For The Rule material at the FAA, call 781–238–7125. information on the availability of FAA The FAA is amending Title 14, Code (i) Material Incorporated by Reference Order 7400.11A at NARA, call (202) of Federal Regulations (14 CFR) part 71 None. 741–6030, or go to http:// by modifying the El Paso International www.archives.gov/federal_register/ Airport, El Paso, TX, Class C airspace Issued in Burlington, Massachusetts, on code_of_federal-regulations/ibr_ November 16, 2016. area. This action removes the cutout and locations.html. reduced perimeter boundary arc that Colleen M. D’Alessandro, FAA Order 7400.11, Airspace excludes the airspace extending upward Manager, Engine & Propeller Directorate, Designations and Reporting Points, is Aircraft Certification Service. from 5,200 feet MSL to and including published yearly and effective on 8,000 feet MSL within a 2-mile radius [FR Doc. 2016–28663 Filed 11–30–16; 8:45 am] September 15. of the West Texas Airport, and the BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: airspace beyond an 8-mile arc from the Colby Abbott, Airspace Policy Group, El Paso International Airport beginning Office of Airspace Services, Federal at the 115° bearing from the airport DEPARTMENT OF TRANSPORTATION Aviation Administration, 800 clockwise to the Rio Grande River. Federal Aviation Administration Independence Avenue SW., Since West Texas Airport (renamed Washington, DC 20591; telephone: (202) Horizon Airport in 2004) is permanently 14 CFR Part 71 267–8783. closed and the property sold for non- SUPPLEMENTARY INFORMATION: aviation uses, the purpose for the [Docket No. FAA–2016–7417; Airspace exclusions no longer exists. Thus, the Docket No. 16–AWA–4] Authority for This Rulemaking FAA is removing the words ‘‘. . . that RIN 2120–AA66 The FAA’s authority to issue rules airspace beyond an 8-mile arc from the regarding aviation safety is found in El Paso International Airport beginning Amendment of Class C Airspace; El Title 49 of the United States Code. at the 115° bearing from the airport Paso International Airport, TX Subtitle I, Section 106 describes the clockwise to the Rio Grande River, and AGENCY: Federal Aviation authority of the FAA Administrator. that airspace within a 2-mile radius of Administration (FAA), DOT. Subtitle VII, Aviation Programs, the West Texas Airport, and . . .’’ from ACTION: Final rule. describes in more detail the scope of the the regulatory text. The West Texas agency’s authority. This rulemaking is Airport name and geographic coordinate SUMMARY: This action amends Class C promulgated under the authority references are also removed from the airspace at El Paso International Airport, described in Subtitle VII, Part A, Class C airspace description. El Paso, TX, by removing a cutout from Subpart I, Section 40103. Under that Additionally, this action amends the the Class C airspace area that excludes section, the FAA is charged with exclusion language pertaining to the the airspace within a 2-mile radius of prescribing regulations to assign the use Class C airspace extending upward from West Texas Airport and the airspace of the airspace necessary to ensure the 5,200 feet MSL to and including 8,000 beyond an 8-mile arc from the El Paso safety of aircraft and the efficient use of feet MSL from ‘‘. . . that airspace International Airport beginning at the airspace. This regulation is within the within Mexico, and that airspace west of 115° bearing from the airport clockwise scope of that authority as it amends the long 106°27′02″ W.’’ to ‘‘. . . that to the Rio Grande River. Additionally, El Paso, TX, Class C airspace area to airspace west of long. 106°27′02″ W., this rule removes West Texas Airport preserve the safe and efficient flow of and that airspace within Mexico.’’ This from the Class C airspace description as air traffic in the El Paso, TX, area. change is editorial for format and clarity jstallworth on DSK7TPTVN1PROD with RULES the airport is closed, and amends the El to standardize the exclusion information Paso International Airport geographic History associated with the Class C airspace coordinates to coincide with the FAA’s On August 17, 2016, the FAA surface area and shelf. aeronautical database. The FAA is published in the Federal Register a Lastly, this action updates the El Paso taking this action to enable more notice of proposed rulemaking (NPRM) International Airport geographic efficient operations at El Paso to modify the Class C airspace at El Paso coordinates to reflect the current airport International Airport. International Airport, El Paso, TX (81 reference point information in the VerDate Sep<11>2014 13:50 Nov 30, 2016 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\01DER1.SGM 01DER1

Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Rules and Regulations 86571 FAA’s aeronautical database from ‘‘lat. environmental impacts. In accordance DEPARTMENT OF COMMERCE 31°48′24″ N., long. 106°22′40″ W.’’ to with FAA Order 1050.1F, paragraph 5– ‘‘lat. 31°48′26″ N., long. 106°22′35″ W.’’ 2 regarding Extraordinary Bureau of Industry and Security Class C airspace areas are published Circumstances, this action has been in paragraph 4000 of FAA Order reviewed for factors and circumstances 15 CFR Part 740 7400.11A, dated August 3, 2016, and in which a normally categorically [160519443–6999–02] effective September 15, 2016, which is excluded action may have a significant incorporated by reference in 14 CFR environmental impact requiring further RIN 0694–AG97 71.1. The Class C airspace area analysis, and it is determined that no modification in this document will be extraordinary circumstances exist that Temporary Exports to Mexico Under published subsequently in the Order. warrant preparation of an License Exception TMP Regulatory Notices and Analyses environmental assessment. AGENCY: Bureau of Industry and List of Subjects in 14 CFR Part 71 Security, Commerce. The FAA has determined that this regulation only involves an established ACTION: Final rule. body of technical regulations for which Airspace, Incorporation by reference, Navigation (air). SUMMARY: This final rule aligns the time frequent and routine amendments are limit of License Exception Temporary necessary to keep them operationally Adoption of the Amendment Imports, Exports, Reexports, and current. It, therefore: (1) Is not a Transfers (in-country) (TMP), which ‘‘significant regulatory action’’ under In consideration of the foregoing, the authorizes, among other things, certain Executive Order 12866; (2) is not a Federal Aviation Administration temporary exports to Mexico, with the ‘‘significant rule’’ under Department of amends 14 CFR part 71 as follows: time limit of Mexico’s Decree for the Transportation (DOT) Regulatory Promotion of Manufacturing, Policies and Procedures (44 FR 11034; PART 71—DESIGNATION OF CLASS A, Maquiladora and Export Services February 26, 1979); and (3) does not B, C, D, AND E AIRSPACE AREAS; AIR (IMMEX) program. Currently, TMP warrant preparation of a regulatory TRAFFIC SERVICE ROUTES; AND allows for the temporary export and evaluation as the anticipated impact is REPORTING POINTS reexport of various items subject to the so minimal. Since this is a routine Export Administration Regulations matter that will only affect air traffic ■ 1. The authority citation for part 71 (EAR), as long as the items are returned procedures and air navigation, it is continues to read as follows: no later than one year after export, certified that this rule, when Authority: 49 U.S.C. 106(f), 106(g); 40103, reexport, or transfer if not consumed or promulgated, will not have a significant 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, destroyed during the period of economic impact on a substantial 1959–1963 Comp., p. 389. authorized use. Other than a four-year number of small entities under the period for certain personal protective criteria of the Regulatory Flexibility Act. § 71.1 [Amended] equipment, the one-year limit extends to Environmental Review ■ 2. The incorporation by reference in all items shipped under license The FAA has determined that this 14 CFR 71.1 of the FAA Order exception TMP. However, the one-year action of modifying the El Paso 7400.11A, Airspace Designations and period does not align with the time International Airport, El Paso, TX, Class Reporting Points, dated August 3, 2016, constraints of Mexico’s IMMEX C airspace area by removing a cutout and effective September 15, 2016, is program, which allows imports of items from the Class C airspace area that amended as follows: for manufacturing operations on a time excludes the airspace within a 2-mile limit that may exceed 18 months. This Paragraph 4000 Subpart C—Class C rule amends TMP to complement the radius of West Texas Airport (now Airspace. closed) and the airspace beyond an 8- timeline of the IMMEX program. Under mile arc from the El Paso International * * * * * this amendment, items temporarily Airport beginning at the 115° bearing exported or reexported under license ASW TX C El Paso International Airport, from the airport clockwise to the Rio TX [Amended] exception TMP and imported under the Grande River, removing the West Texas provisions of the IMMEX program El Paso International Airport, TX would be authorized to remain in Airport and geographic coordinate (Lat. 31°48′26″ N., long. 106°22′35″ W.) references from the Class C airspace Mexico for up to four years from the That airspace extending upward from the date of export or reexport. description, and amending the El Paso surface to and including 8,000 feet MSL International Airport geographic DATES: Effective: January 3, 2017. within a 5-mile radius of the El Paso coordinates to reflect the current airport International Airport, excluding that airspace FOR FURTHER INFORMATION CONTACT: reference point information contained west of long. 106°27′02″ W., and that airspace Regulatory Policy Division, Office of in the FAA’s aeronautical database within Mexico; and that airspace extending Exporter Services, Bureau of Industry qualifies for categorical exclusion under upward from 5,200 feet MSL to and and Security, by telephone (202) 482– the National Environmental Policy Act including 8,000 feet MSL within a 10-mile 2440 or email: RPD2@bis.doc.gov. and its implementing regulations at 40 radius of the El Paso International Airport, SUPPLEMENTARY INFORMATION: CFR part 1500, and in accordance with excluding that airspace west of long. FAA Order 1050.1F. Environmental Overview 106°27′02″ W., and that airspace within Impacts: Policies and Procedures, Mexico. Mexico’s Decree for the Promotion of jstallworth on DSK7TPTVN1PROD with RULES Paragraph 5–6.5a, which categorically Manufacturing, Maquiladora and Export Issued in Washington, DC, on November excludes from further environmental 22, 2016. Services, known as IMMEX, is a review [R]ulemaking actions that platform used by U.S. and foreign Leslie M. Swann, designate or modify classes of airspace manufacturers to lower production costs areas, airways, routes, and reporting Acting Manager, Airspace Policy Group. by temporarily importing production points. This action is not expected to [FR Doc. 2016–28726 Filed 11–30–16; 8:45 am] materials into Mexico. Created in 2006, cause any potentially significant BILLING CODE 4910–13–P IMMEX is the product of the merger of VerDate Sep<11>2014 13:50 Nov 30, 2016 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\01DER1.SGM 01DER1


Document Created: 2018-02-14 09:00:37
Document Modified: 2018-02-14 09:00:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective date 0901 UTC, February 2, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.
ContactColby Abbott, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation81 FR 86570 
RIN Number2120-AA66
CFR AssociatedAirspace; Incorporation by Reference and Navigation (air)
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