82_FR_16120 82 FR 16059 - Notice of Realty Action; Recreation and Public Purposes Act Classification for Conveyance of Public Lands in Cibola County, New Mexico

82 FR 16059 - Notice of Realty Action; Recreation and Public Purposes Act Classification for Conveyance of Public Lands in Cibola County, New Mexico

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 82, Issue 61 (March 31, 2017)

Page Range16059-16060
FR Document2017-06346

The Bureau of Land Management (BLM) has examined and found suitable for classification for conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, 211.73 acres of public land in Cibola County, New Mexico. Cibola County proposes to use the land to develop a public shooting range complex.

Federal Register, Volume 82 Issue 61 (Friday, March 31, 2017)
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16059-16060]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06346]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMA010000 L14400000.FR0000; NMNM 128706]


Notice of Realty Action; Recreation and Public Purposes Act 
Classification for Conveyance of Public Lands in Cibola County, New 
Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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

SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification for conveyance under the provisions of the 
Recreation and Public Purposes (R&PP) Act, as amended, 211.73 acres of 
public land in Cibola County, New Mexico. Cibola County proposes to use 
the land to develop a public shooting range complex.

DATES: Interested parties may submit written comments regarding the 
proposed classification of the land for conveyance to the Field 
Manager, Rio Puerco Field Office, at the address below on or before May 
15, 2017.

ADDRESSES: Written comments should be addressed to the Bureau of Land 
Management, Field Manager, Rio Puerco Field Office, 100 Sun Avenue NE., 
Suite 330, Pan American Bldg., Albuquerque, NM 87109. Please reference 
``R&PP of Public Lands to Cibola County for Shooting Range'' on all 
correspondence.

FOR FURTHER INFORMATION CONTACT: Arlene Salazar, Realty Specialist, Rio 
Puerco Field Office, 505-761-8772, email: [email protected], or at the 
above address. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Relay Service at 1-800-877-8339 to contact 
the above individual during normal business hours. The Service is 
available 24 hours a day, 7 days a week, to leave a message or question 
for the above individual. Replies are provided during normal business 
hours.

SUPPLEMENTARY INFORMATION: The following described public land has been 
examined and found suitable for classification for conveyance to Cibola 
County under Section 7 of the Taylor Grazing Act (43 U.S.C. 315f) and 
the provisions of the R&PP Act, as amended (43 U.S.C. 869 et seq.):

New Mexico Principal Meridian

T. 11 N., R. 10 W.,
    Sec. 6, lot 4 and lots 10 thru 12, N\1/2\SE\1/4\NW\1/4\, N\1/
2\SW\1/4\SE\1/4\NW\1/4\, SE\1/4\SW\1/4\SE\1/4\NW\1/4\, SE\1/4\SE\1/
4\NW\1/4\, NE\1/4\NE\1/4\SW\1/4\, N\1/2\SE\1/4\NE\1/4\SW\1/4\, SE\1/
4\SE\1/4\NE\1/4\SW\1/4\, and NW\1/4\SE\1/4\.

    The area described contains 211.73 acres, more or less, in 
Cibola County, New Mexico.

    The land is not needed for any Federal purpose and is not of 
national significance. Conveyance is consistent with the BLM Rio Puerco 
Resource Management Plan, October 1992, and would be in the public 
interest.
    The conveyance document, if issued, would be subject to the 
provisions of the R&PP Act and applicable regulations of the Secretary 
of the Interior and will contain the following reservations, terms, and 
conditions:
    1. Right-of-way NMNM 57859 issued to the U.S. Forest Service for a 
road to access Forest Service land adjacent to the subject parcel.
    2. A right-of-way thereon for ditches or canals constructed by 
authority of the United States, pursuant to the Act of August 30, 1890, 
43 U.S.C. 945.
    3. All minerals shall be reserved to the United States, together 
with the right to prospect for, mine, and remove the minerals under 
applicable laws and such regulations as the Secretary of the Interior 
may prescribe including all necessary access and exit rights.
    4. The purchaser, by accepting the patent, agrees to indemnify, 
defend, and hold the United States harmless from any costs, damages, 
claims, causes of action, penalties, fines, liabilities, and judgments 
of any kind arising from the past, present, or future acts or omissions 
of the patentee, its employees, agents, contractors, or lessees, or 
third party arising out of or in connection with the use and/or 
occupancy of the patented real property resulting in: (1) Violations of 
Federal, state, and local laws and regulations that are now, or in the 
future become, applicable to the real property; (2) Judgments, claims, 
or demands of any kind assessed against the United States; (3) Costs, 
expenses, or damages of any kind incurred by the United States; (4) 
Releases or threatened releases of solid or hazardous waste(s) and/or 
hazardous substance(s), as defined by Federal or state environmental 
laws, off, on, into, or under land, property, and other interests of 
the United States; (5) Other activities by which solid or hazardous 
substances or wastes, as defined by Federal and state environmental 
laws are generated, released, stored, used, or otherwise disposed of on 
the patented real property, and any cleanup response, remedial action, 
or other actions related in any manner to said solid or hazardous 
substances or wastes; or (6) Natural resource damages as defined by 
Federal and state law. This covenant will run with the patented real 
property and may be enforced by the United States in a court of 
competent jurisdiction.
    5. A limited reversionary provision stating that title shall revert 
to the United States upon a finding, after notice and opportunity for a 
hearing, that the patentee has not substantially developed the lands in 
accordance with the approved plan of development on or before the date 
five years after the date of conveyance. No portion of the land shall, 
under any circumstance, revert to the United States if any such portion 
has been used for solid waste disposal or for any other purpose which 
may result in the disposal, placement, or release of any hazardous 
substance.
    6. Any other terms or conditions that the Authorized Officer 
determines appropriate to ensure public access and proper management of 
the Federal land and interests therein. Subject to limitations 
prescribed by law and regulations, prior to conveyance, a holder of any 
right-of-way within the conveyed area may be given the opportunity to 
amend the right-of-way for conversion to a new term, including 
perpetuity, if applicable. Detailed information concerning this 
proposed project, including, but not limited to documentation relating 
to compliance with applicable environmental and cultural resource laws, 
is available for review at the BLM Rio Puerco Field Office at the 
address above.
    Upon publication of this notice in the Federal Register, the public 
land described above will be segregated from all forms of appropriation 
under the public land laws, including the general mining laws, except 
for conveyance under the R&PP Act, and leasing under the mineral 
leasing laws.
    Classification Comments: Interested parties may submit comments 
regarding the suitability of the land for the proposed facility. 
Comments on the classification are restricted to whether the land is 
physically suited for the proposal, whether the use will maximize the 
future use (or uses) of the land, whether the use is consistent with 
local planning and zoning, or whether the use is consistent with 
Federal and state programs.
    Application Comments: Interested parties may submit comments 
regarding the specific use proposed in the

[[Page 16060]]

application and plan of development and management, and whether the BLM 
followed proper administrative procedures in reaching the decision to 
convey under the R&PP Act.
    The BLM New Mexico State Director will review any adverse comments 
and may sustain, vacate, or modify this realty action. In the absence 
of any adverse comments, the classification of the land described in 
this notice will become effective on May 30, 2017. The land will not be 
available for conveyance until after the classification becomes 
effective.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

(Authority: 43 CFR 2741.5)

Melanie Barnes,
Acting Deputy State Director, Lands and Resources.
[FR Doc. 2017-06346 Filed 3-30-17; 8:45 am]
BILLING CODE 4310-FB-P



                                                                                Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices                                          16059

                                                information from public review, we                      Grazing Act (43 U.S.C. 315f) and the                  released, stored, used, or otherwise
                                                cannot guarantee that we will be able to                provisions of the R&PP Act, as amended                disposed of on the patented real
                                                do so.                                                  (43 U.S.C. 869 et seq.):                              property, and any cleanup response,
                                                                                                        New Mexico Principal Meridian
                                                                                                                                                              remedial action, or other actions related
                                                Angela Picco,
                                                                                                                                                              in any manner to said solid or
                                                Acting Regional Director, Pacific Southwest             T. 11 N., R. 10 W.,                                   hazardous substances or wastes; or (6)
                                                Region, Sacramento, California.                           Sec. 6, lot 4 and lots 10 thru 12,
                                                                                                                                                              Natural resource damages as defined by
                                                [FR Doc. 2017–06320 Filed 3–30–17; 8:45 am]                 N1⁄2SE1⁄4NW1⁄4, N1⁄2SW1⁄4SE1⁄4NW1⁄4,
                                                                                                            SE1⁄4SW1⁄4SE1⁄4NW1⁄4, SE1⁄4SE1⁄4NW1⁄4,            Federal and state law. This covenant
                                                BILLING CODE 4333–15–P
                                                                                                            NE1⁄4NE1⁄4SW1⁄4, N1⁄2SE1⁄4NE1⁄4SW1⁄4,             will run with the patented real property
                                                                                                            SE1⁄4SE1⁄4NE1⁄4SW1⁄4, and NW1⁄4SE1⁄4.             and may be enforced by the United
                                                                                                          The area described contains 211.73 acres,           States in a court of competent
                                                DEPARTMENT OF THE INTERIOR
                                                                                                        more or less, in Cibola County, New Mexico.           jurisdiction.
                                                Bureau of Land Management                                                                                        5. A limited reversionary provision
                                                                                                           The land is not needed for any                     stating that title shall revert to the
                                                [LLNMA010000 L14400000.FR0000; NMNM                     Federal purpose and is not of national                United States upon a finding, after
                                                128706]                                                 significance. Conveyance is consistent                notice and opportunity for a hearing,
                                                                                                        with the BLM Rio Puerco Resource                      that the patentee has not substantially
                                                Notice of Realty Action; Recreation                     Management Plan, October 1992, and                    developed the lands in accordance with
                                                and Public Purposes Act Classification                  would be in the public interest.                      the approved plan of development on or
                                                for Conveyance of Public Lands in                          The conveyance document, if issued,                before the date five years after the date
                                                Cibola County, New Mexico                               would be subject to the provisions of the             of conveyance. No portion of the land
                                                AGENCY:   Bureau of Land Management,                    R&PP Act and applicable regulations of                shall, under any circumstance, revert to
                                                Interior.                                               the Secretary of the Interior and will                the United States if any such portion
                                                                                                        contain the following reservations,                   has been used for solid waste disposal
                                                ACTION: Notice of realty action.
                                                                                                        terms, and conditions:                                or for any other purpose which may
                                                SUMMARY:    The Bureau of Land                             1. Right-of-way NMNM 57859 issued                  result in the disposal, placement, or
                                                Management (BLM) has examined and                       to the U.S. Forest Service for a road to              release of any hazardous substance.
                                                found suitable for classification for                   access Forest Service land adjacent to                   6. Any other terms or conditions that
                                                conveyance under the provisions of the                  the subject parcel.                                   the Authorized Officer determines
                                                Recreation and Public Purposes (R&PP)                      2. A right-of-way thereon for ditches              appropriate to ensure public access and
                                                Act, as amended, 211.73 acres of public                 or canals constructed by authority of the             proper management of the Federal land
                                                land in Cibola County, New Mexico.                      United States, pursuant to the Act of                 and interests therein. Subject to
                                                Cibola County proposes to use the land                  August 30, 1890, 43 U.S.C. 945.                       limitations prescribed by law and
                                                to develop a public shooting range                         3. All minerals shall be reserved to               regulations, prior to conveyance, a
                                                complex.                                                the United States, together with the                  holder of any right-of-way within the
                                                                                                        right to prospect for, mine, and remove               conveyed area may be given the
                                                DATES: Interested parties may submit
                                                                                                        the minerals under applicable laws and                opportunity to amend the right-of-way
                                                written comments regarding the                          such regulations as the Secretary of the
                                                proposed classification of the land for                                                                       for conversion to a new term, including
                                                                                                        Interior may prescribe including all                  perpetuity, if applicable. Detailed
                                                conveyance to the Field Manager, Rio                    necessary access and exit rights.
                                                Puerco Field Office, at the address                                                                           information concerning this proposed
                                                                                                           4. The purchaser, by accepting the                 project, including, but not limited to
                                                below on or before May 15, 2017.                        patent, agrees to indemnify, defend, and              documentation relating to compliance
                                                ADDRESSES: Written comments should                      hold the United States harmless from                  with applicable environmental and
                                                be addressed to the Bureau of Land                      any costs, damages, claims, causes of                 cultural resource laws, is available for
                                                Management, Field Manager, Rio Puerco                   action, penalties, fines, liabilities, and            review at the BLM Rio Puerco Field
                                                Field Office, 100 Sun Avenue NE., Suite                 judgments of any kind arising from the                Office at the address above.
                                                330, Pan American Bldg., Albuquerque,                   past, present, or future acts or omissions               Upon publication of this notice in the
                                                NM 87109. Please reference ‘‘R&PP of                    of the patentee, its employees, agents,               Federal Register, the public land
                                                Public Lands to Cibola County for                       contractors, or lessees, or third party               described above will be segregated from
                                                Shooting Range’’ on all correspondence.                 arising out of or in connection with the              all forms of appropriation under the
                                                FOR FURTHER INFORMATION CONTACT:                        use and/or occupancy of the patented                  public land laws, including the general
                                                Arlene Salazar, Realty Specialist, Rio                  real property resulting in: (1) Violations            mining laws, except for conveyance
                                                Puerco Field Office, 505–761–8772,                      of Federal, state, and local laws and                 under the R&PP Act, and leasing under
                                                email: asalazar@blm.gov, or at the above                regulations that are now, or in the future            the mineral leasing laws.
                                                address. Persons who use a                              become, applicable to the real property;                 Classification Comments: Interested
                                                telecommunications device for the deaf                  (2) Judgments, claims, or demands of                  parties may submit comments regarding
                                                (TDD) may call the Federal Relay                        any kind assessed against the United                  the suitability of the land for the
                                                Service at 1–800–877–8339 to contact                    States; (3) Costs, expenses, or damages               proposed facility. Comments on the
                                                the above individual during normal                      of any kind incurred by the United                    classification are restricted to whether
                                                business hours. The Service is available                States; (4) Releases or threatened                    the land is physically suited for the
                                                24 hours a day, 7 days a week, to leave                 releases of solid or hazardous waste(s)               proposal, whether the use will
                                                a message or question for the above                     and/or hazardous substance(s), as
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              maximize the future use (or uses) of the
                                                individual. Replies are provided during                 defined by Federal or state                           land, whether the use is consistent with
                                                normal business hours.                                  environmental laws, off, on, into, or                 local planning and zoning, or whether
                                                SUPPLEMENTARY INFORMATION: The                          under land, property, and other interests             the use is consistent with Federal and
                                                following described public land has                     of the United States; (5) Other activities            state programs.
                                                been examined and found suitable for                    by which solid or hazardous substances                   Application Comments: Interested
                                                classification for conveyance to Cibola                 or wastes, as defined by Federal and                  parties may submit comments regarding
                                                County under Section 7 of the Taylor                    state environmental laws are generated,               the specific use proposed in the


                                           VerDate Sep<11>2014   16:31 Mar 30, 2017   Jkt 241001   PO 00000   Frm 00041   Fmt 4703   Sfmt 4703   E:\FR\FM\31MRN1.SGM   31MRN1


                                                16060                           Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices

                                                application and plan of development                     Renewable Energy Programs, 45600                      written comments on this Draft SEIS
                                                and management, and whether the BLM                     Woodland Road, Sterling, Virginia                     through the following methods:
                                                followed proper administrative                          20166, (703) 787–1722 or                                 1. Federal eRulemaking Portal: http://
                                                procedures in reaching the decision to                  michelle.morin@boem.gov.                              www.regulations.gov. In the field
                                                convey under the R&PP Act.                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                              entitled ‘‘Enter Keyword or ID,’’ enter
                                                  The BLM New Mexico State Director                                                                           BOEM–2017–0008, and then click
                                                will review any adverse comments and                    1. Proposed Action and Alternative                    ‘‘search.’’ Follow the instructions to
                                                may sustain, vacate, or modify this                        On July 5, 2016, the U.S. Court of                 submit public comments and view
                                                realty action. In the absence of any                    Appeals for the District of Columbia                  supporting and related materials
                                                adverse comments, the classification of                 Circuit vacated the 2009 Cape Wind                    available for this notice;
                                                the land described in this notice will                                                                           2. In written form, delivered by hand
                                                                                                        Energy Project Final EIS and ordered
                                                become effective on May 30, 2017. The                                                                         or by mail, enclosed in an envelope
                                                                                                        that BOEM: ‘‘supplement [the EIS] with
                                                land will not be available for                                                                                labeled ‘‘Cape Wind Energy Project
                                                                                                        adequate geological surveys before Cape
                                                conveyance until after the classification                                                                     Draft SEIS’’ and addressed to Program
                                                                                                        Wind may begin construction.’’ Public
                                                becomes effective.                                                                                            Manager, Office of Renewable Energy,
                                                                                                        Employees for Environmental
                                                  Before including your address, phone                                                                        Bureau of Ocean Energy Management,
                                                                                                        Responsibility v. Hopper, 827 F.3d 1077,
                                                number, email address, or other                                                                               45600 Woodland Road, Sterling,
                                                                                                        1084 (D.C. Cir. 2016). The Court opined
                                                personal identifying information in your                                                                      Virginia 20166. Comments must be
                                                                                                        that: ‘‘[w]ithout adequate geological
                                                comment, you should be aware that                                                                             received or postmarked no later than
                                                                                                        surveys, the [BOEM] cannot ‘ensure that
                                                your entire comment—including your                                                                            May 15, 2017.
                                                                                                        the seafloor [will be] able to support’                  Public Comment Policy: Before
                                                personal identifying information—may                    wind turbines.’’ Id. at 1083. While the
                                                be made publicly available at any time.                                                                       including your address, phone number,
                                                                                                        Court found that: ‘‘[BOEM] therefore                  email address, or other personal
                                                While you can ask us in your comment                    had violated NEPA (National
                                                to withhold your personal identifying                                                                         identifying information in your
                                                                                                        Environmental Policy Act)’’ the Court                 comment, you should be aware that
                                                information from public review, we                      noted that ‘‘. . . [it] does not necessarily
                                                cannot guarantee that we will be able to                                                                      your entire comment, including your
                                                                                                        mean that the project must be halted or               personal identifying information, may
                                                do so.                                                  that Cape Wind must redo the                          be made publicly available at any time.
                                                (Authority: 43 CFR 2741.5)                              regulatory approval process.’’ Id. at                 While you can ask us in your comments
                                                Melanie Barnes,                                         1083–4. The Court explicitly left                     to withhold your personal identifying
                                                                                                        undisturbed BOEM’s 2010 decision to                   information from public review, we
                                                Acting Deputy State Director, Lands and
                                                Resources.                                              issue the lease and BOEM’s 2011                       cannot guarantee that we will be able to
                                                                                                        decision to approve the Construction                  do so.
                                                [FR Doc. 2017–06346 Filed 3–30–17; 8:45 am]
                                                                                                        and Operations Plan (COP). Id. at 1084.                  Authority: This Notice of Availability
                                                BILLING CODE 4310–FB–P
                                                                                                        In light of the remand order and the                  to prepare a Draft SEIS is in compliance
                                                                                                        remaining valid lease and COP, only                   with NEPA, as amended (42 U.S.C. 4231
                                                DEPARTMENT OF THE INTERIOR                              two alternatives remain relevant to the               et seq.), and is published pursuant to 40
                                                                                                        court’s remand: The Proposed Action                   CFR 1506.6.
                                                Bureau of Ocean Energy Management                       (affirming BOEM’s issuance of the
                                                                                                        existing lease), and the No Action                     Dated: March 22, 2017.
                                                [Docket No. BOEM–2017–0008]                             Alternative (requiring BOEM to rescind                Walter D. Cruickshank,
                                                                                                        lease issuance). In its Draft SEIS, BOEM              Acting Director, Bureau of Ocean Energy
                                                Draft Supplemental Environmental                                                                              Management.
                                                Impact Statement for the Cape Wind                      examines the available geological survey
                                                                                                        data, including the geotechnical data                 [FR Doc. 2017–06103 Filed 3–30–17; 8:45 am]
                                                Energy Project MMAA104000
                                                                                                        and reports submitted to BOEM since                   BILLING CODE 4310–MR–P
                                                AGENCY: Bureau of Ocean Energy                          the 2009 Final EIS, and any other
                                                Management, Interior.                                   relevant data that relates to the
                                                ACTION: Notice of availability of a Draft               adequacy of the seafloor to support                   DEPARTMENT OF THE INTERIOR
                                                Supplemental Environmental Impact                       wind turbines in the lease area.
                                                                                                                                                              Bureau of Ocean Energy Management
                                                Statement.                                              2. Public Comments                                    [Docket No. BOEM–2017–0001]
                                                SUMMARY:   The Bureau of Ocean Energy                      BOEM will not hold public hearings
                                                Management (BOEM) is announcing the                     during the public review period on the                Notice of Availability for the Gulf of
                                                availability of a Draft Supplemental                    Draft SEIS (see 40 CFR 1506.6(c)). The                Mexico Outer Continental Shelf Lease
                                                Environmental Impact Statement (Draft                   Draft SEIS is available for review on the             Sale Draft Supplemental
                                                SEIS) for the Cape Wind Energy Project.                 BOEM Web site at: https://                            Environmental Impact Statement 2018
                                                This supplement to the 2009 Final EIS                   www.boem.gov/Renewable-Energy-                        MMAA10400
                                                has been prepared in response to a 2016                 Program/Studies/Cape-Wind.aspx. To                    AGENCY: Bureau of Ocean Energy
                                                remand order of the U.S. Court of                       obtain a single printed copy of the Draft             Management, Interior.
                                                Appeals for the District of Columbia in                 SEIS, you may contact the Office of                   ACTION: Notice of availability.
                                                Public Employees for Environmental                      Renewable Energy Programs, 45600
                                                Responsibility v. Hopper, 827 F.3d 1077                 Woodland Rd, Sterling, VA 20166. The                  SUMMARY:   The Bureau of Ocean Energy
sradovich on DSK3GMQ082PROD with NOTICES




                                                (D.C. Cir. 2016). This notice serves to                 list of Massachusetts libraries provided              Management (BOEM) is announcing the
                                                announce the beginning of the public                    a copy of the Draft SEIS can be found                 availability of the Gulf of Mexico Outer
                                                comment period on the Draft SEIS.                       at: https://www.boem.gov/Renewable-                   Continental Shelf Lease Sale Draft
                                                DATES: Comments must be submitted or                    Energy-Program/Studies/Cape-                          Supplemental Environmental Impact
                                                postmarked no later than May 15, 2017.                  Wind.aspx. Federal, state, tribal, and                Statement 2018 (2018 Draft
                                                FOR FURTHER INFORMATION CONTACT:                        local governments and/or agencies and                 Supplemental EIS). The 2018 Draft
                                                Michelle Morin, BOEM Office of                          other interested parties may submit                   Supplemental EIS provides an analysis


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Document Created: 2017-03-31 01:38:12
Document Modified: 2017-03-31 01:38:12
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 realty action.
DatesInterested parties may submit written comments regarding the proposed classification of the land for conveyance to the Field
ContactArlene Salazar, Realty Specialist, Rio Puerco Field Office, 505-761-8772, email: [email protected], or at the
FR Citation82 FR 16059 

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