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666 Federal Register / Vol. 72, No.

4 / Monday, January 8, 2007 / Proposed Rules

Compliance Model 369A, 369D, 369E, 369F, 369FF, the address specified above. All
(e) You are responsible for having the 369H, 369HE, 369HS, 369HM, 500N, communications received on or before
actions required by this AD performed within and OH–6A helicopters that would have the closing date for comments, specified
the compliance times specified, unless the required replacing or reworking certain above, will be considered before taking
actions have already been done. forward (fwd) and aft landing gear action on the proposed rule. The
Installation assemblies. That proposal was proposals contained in this document
prompted by five reports of landing gear may be changed in light of the
(f) Within 24 months after the effective
date of this AD, install two drains and drain strut (strut) failures. This action revises comments received.
tubes in the dripshield above the M826 Card that action by proposing to mandate Comments are specifically invited on
File over the nose wheel left side in the main both the creation of an access hole to the overall regulatory, economic,
equipment center at station 400, in facilitate inspections and a recurring environmental, and energy aspects of
accordance with the Accomplishment inspection. The proposed AD also the proposed rule. All comments
Instructions of Boeing Alert Service Bulletin would exclude from the applicability submitted will be available, both before
747–25A3370, Revision 1, dated April 27, certain helicopters modified with a and after the closing date for comments,
2006. certain Supplemental Type Certificate in the Rules Docket for examination by
Installation According to Previous Issue of (STC) and would provide a terminating interested persons. A report
Service Bulletin action for the proposed requirements. summarizing each FAA-public contact
(g) Installing the drains and drain tubes is This proposal also includes clarifying concerned with the substance of this
also acceptable for compliance with the changes. The actions specified by this proposal will be filed in the Rules
requirements of paragraph (f) of this AD if proposed AD are intended to detect a Docket.
done before the effective date of this AD in crack that could result in the failure of Commenters wishing the FAA to
accordance with Boeing Alert Service a strut and subsequent loss of control of acknowledge receipt of their mailed
Bulletin 747–25A3370, dated September 8, the helicopter during landing. comments submitted in response to this
2005. proposal must submit a self-addressed,
DATES: Comments must be received on
Alternative Methods of Compliance stamped postcard on which the
or before March 9, 2007.
(AMOCs) following statement is made:
ADDRESSES: Submit comments in ‘‘Comments to Docket No. 2003–SW–
(h)(1) The Manager, Seattle Aircraft triplicate to the Federal Aviation
Certification Office, FAA, has the authority to 37–AD.’’ The postcard will be date
Administration (FAA), Office of the stamped and returned to the
approve AMOCs for this AD, if requested in
Regional Counsel, Southwest Region, commenter.
accordance with the procedures found in 14
CFR 39.19. Attention: Rules Docket No. 2003–SW–
37–AD, 2601 Meacham Blvd., Room Discussion
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to 663, Fort Worth, Texas 76137. You may A proposal to amend 14 CFR part 39
which the AMOC applies, notify the also send comments electronically to to add an AD for the specified MDHI
appropriate principal inspector in the FAA the Rules Docket at the following model helicopters was published in the
Flight Standards Certificate Holding District address: 9-asw-adcomments@faa.gov. Federal Register on August 4, 2004 (69
Office. Comments may be inspected at the FR 47040). That proposal would have
Issued in Renton, Washington, on Office of the Regional Counsel between required removing all landing gear
December 12, 2006. 9 a.m. and 3 p.m., Monday through fairings; determining the number and
Ali Bahrami, Friday, except Federal holidays. location of rivets that attach the landing
Manager, Transport Airplane Directorate, The service information referenced in gear fairing support assembly to the
Aircraft Certification Service. the proposed rule may be obtained from landing gear strut; and if three rivets
[FR Doc. E6–22535 Filed 1–5–07; 8:45 am] MD Helicopters Inc., Attn: Customer (fwd, aft and inboard) are present,
BILLING CODE 4910–13–P
Support Division, 4555 E. McDowell replacing or reworking the landing gear
Rd., Mail Stop M615, Mesa, Arizona assembly. If only the fwd and aft rivets
85215–9734, telephone 1–800–388– are present, no rework would be
DEPARTMENT OF TRANSPORTATION 3378, fax 480–346–6813, or on the web required by the proposed AD. That
at http://www.mdhelicopters.com. This proposal was prompted by five reports
Federal Aviation Administration information may be examined at the of strut failures. Operators of the
FAA, Office of the Regional Counsel, helicopters with failed struts do not fall
14 CFR Part 39 Southwest Region, 2601 Meacham into any clear category of service. For
[Docket No. 2003–SW–37–AD]
Blvd., Room 663, Fort Worth, Texas. example, one was a tour operator in
FOR FURTHER INFORMATION CONTACT: John Niagara Falls, New York and another
RIN 2120–AA64 Cecil, Aviation Safety Engineer, FAA, was a police department operator in
Los Angeles Aircraft Certification Calgary, Canada. In its original design,
Airworthiness Directives; MD the fairing support was attached to the
Office, Airframe Branch, 3960
Helicopters, Inc. Model 369A, 369D, strut with three rivets (forward, aft, and
Paramount Blvd., Lakewood, California
369E, 369F, 369FF, 369H, 369HE, outboard). In 1994, the manufacturer
90712–4137, telephone (562) 627–5228,
369HS, 369HM, 500N, and OH–6A released a design change to attach the
fax (562) 627–5210.
Helicopters fairing support assembly with only
SUPPLEMENTARY INFORMATION:
AGENCY: Federal Aviation forward and aft rivets because of the
Comments Invited possibility of reduced service life of the
Administration, DOT.
Interested persons are invited to strut if the third rivet was located on the
sroberts on PROD1PC70 with PROPOSALS

ACTION: Supplemental notice of


proposed rulemaking; reopening of participate in the making of the inboard side of the strut. Some landing
comment period. proposed rule by submitting such gear struts entered service with an
written data, views, or arguments as additional rivet hole drilled on the
SUMMARY: This document revises an they may desire. Communications inboard side of the strut. This additional
earlier proposed airworthiness directive should identify the Rules Docket rivet hole results in decreased fatigue
(AD) for MD Helicopters, Inc. (MDHI) number and be submitted in triplicate to strength of the strut and subsequent

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Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 667

cracking. That condition, if not have not made any changes to the attached with two rivets (forward and
corrected, could result in cracking of the proposal. aft) and they have never been approved
fwd and aft struts, failure of a strut, and Another requested change is that we for a third, inboard rivet. The
subsequent loss of control of the change the number of work hours to commenter states that excluding the
helicopter during landing. determine the number of rivets from 7 struts that they manufactured will result
Since issuing that proposal, we to 2, that we include the fairing as a part in a substantial savings to operators
received several comments from 2 that may need to be reworked, and that because their landing gear fairings will
commenters and agree that we should we reduce the cost impact of the not have to be removed from a strut to
make some changes to our proposed AD. proposed AD from $438,800 to verify the number of rivets attaching the
We have determined that it is necessary $227,225. In the NPRM, we erroneously fairing support since their installation
to reopen the comment period to estimated that it would take 7 work should be annotated in the maintenance
provide additional opportunity for hours to determine the number of rivets; records. We agree with the commenter
public comment since we are making we agree with the commenter’s and have excluded those struts from the
changes that expand the scope of the suggestion that 2 hours is more applicability of this proposal.
originally proposed rule. Due appropriate and have revised the Because some of these changes
consideration was given to all of the proposal accordingly. Also, since we are expand the scope of the originally
comments received. now proposing to mandate these proposed rule, we have determined that
One commenter, the manufacturer, actions, we have added the work hours it is necessary to reopen the comment
states that we need to mandate the and costs associated with both drilling period to provide additional
installation of the landing gear fairing the inspection hole in the fairing and opportunity for public comment.
inspection hole rather than specifically accomplishing the repetitive The FAA estimates that this proposed
excluding it from the proposed inspections. AD would affect 651 helicopters of U.S.
requirements as we did in the notice of The commenter also requests that we registry. Determining the number of
proposed rulemaking (NPRM). The add the address for obtaining service rivets and initially inspecting each
commenter also states that we should information. It is not appropriate to affected ‘‘3-hole’’ strut and fairing
have the operators commence the include the manufacturer’s address would take approximately 2 work hours,
periodic crack inspection per the within the regulatory text of the AD and installing a new strut would take
maintenance manual. The commenter we have not done so; however, we have approximately 1.5 work hours, and
states that without these two critical included that address in the ADDRESSES reworking a strut would take 1 work
additions the likelihood of a strut failure section of this proposal and will add the hour. Each repetitive inspection would
due to fatigue still exists. address in the Incorporation by take 1⁄4 work hour per strut (1 hour per
After further consideration, we agree Reference paragraph of the Final Rule helicopter for each of 4 struts). The
that having an inspection hole in the when it is issued. average labor rate is $80 per work hour.
fairing would be preferable to removing Also requested is that we more Required parts (new struts) would cost
the fairings every 100 hours time-in- specifically identify the ‘‘three rivets’’ in approximately $2,838 for each forward
service (TIS) or annually in order to do the Discussion of the proposal and that strut, $2,574 for each aft strut, and $97
the inspection of the inboard rivet hole. part of the intent of the AD is to ‘‘clean for a modification kit to install an
We have also determined that our up the inboard rivet hole (de-burr). We inspection hole. Assuming that each
decision not to propose to mandate the agree only to more specifically identify helicopter would get the initial
repetitive crack inspection in the NPRM the ‘‘three rivets’’ and have modified the inspection, that all 651 helicopters
was an error. Therefore, we are now proposal accordingly. would be modified, that 325 helicopters
proposing to mandate the drilling of the Finally, the commenter requests that would need two struts reworked, that 5
access hole as well as the repetitive we change the proposal to mandate only helicopters would require 2 new
crack inspections of the inboard rivet. the recording of the initial inspection in forward struts, and that 2 repetitive
We have also added Notes in this the logbook but not any subsequent inspections would be required per year,
proposal that include information for periodic landing gear inspections. We the total estimated cost of the proposed
doing the inspections. do not agree with this comment; all AD on U.S. operators would be about
The same commenter provided us required inspections must be recorded. $353,047 ($248,887 for the initial
with a marked-up proposal that contains For the subsequent landing gear inspections, modification, and parts,
suggested word changes or additional inspections proposed by this action, a and $104,160 for the repetitive
information, but did not provide Part 91 operator, for example, would be inspections).
justification for those changes. We have required by 39.7 to comply with the
made only those changes that clarify or requirements of the AD, would be Regulatory Findings
correct the proposal. required by 43.11 to make entries in the The regulations proposed herein
One of those suggested changes was a maintenance records after any required would not have a substantial direct
request to change the wording we use to inspection is performed, and would be effect on the States, on the relationship
describe the intent of the proposed required by 91.417 to keep maintenance between the national Government and
actions. The commenter writes that the records of required inspections. the States, or on the distribution of
intent of the proposed AD is to detect Therefore, we have not made the power and responsibilities among the
cracks of the fwd and aft struts, remove requested change. various levels of government. Therefore,
cracked struts from service prior to Another commenter, a manufacturer, it is determined that this proposal
failure, and preclude subsequent suggests that operators who can verify would not have federalism implications
extensive damage to the helicopter that their helicopters have an under Executive Order 13132.
sroberts on PROD1PC70 with PROPOSALS

during landing. Although we agree that Aerometals strut (P/N 369XH6001–41, For the reasons discussed above, I
the proposal is intended primarily to –42, –51, –52) that was ‘‘installed’’ certify that this proposed regulation (1)
detect cracks, we maintain that such under STC No. SR00981LA should not is not a ‘‘significant regulatory action’’
cracking could lead to fatigue failure of have to take any further actions at the under Executive Order 12866; (2) is not
the strut and loss of control of the strut locations because those struts are a ‘‘significant rule’’ under the DOT
helicopter during landing; therefore we only approved to have fairing supports Regulatory Policies and Procedures (44

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668 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules

FR 11034, February 26, 1979); and (3) if Part A, Subpart III, Section 44701, PART 39—AIRWORTHINESS
promulgated, will not have a significant ‘‘General requirements.’’ Under that DIRECTIVES
economic impact, positive or negative, section, Congress charges the FAA with
on a substantial number of small entities promoting safe flight of civil aircraft in 1. The authority citation for part 39
under the criteria of the Regulatory air commerce by prescribing regulations continues to read as follows:
Flexibility Act. A copy of the draft for practices, methods, and procedures
Authority: 49 U.S.C. 106(g), 40113, 44701.
regulatory evaluation prepared for this the Administrator finds necessary for
action is contained in the Rules Docket. safety in air commerce. This regulation § 39.13 [Amended]
A copy of it may be obtained by is within the scope of that authority
contacting the Rules Docket at the because it addresses an unsafe condition 2. Section 39.13 is amended by
location provided under the caption that is likely to exist or develop on adding a new airworthiness directive to
ADDRESSES. products identified in this rulemaking read as follows:
action. MD Helicopters, Inc.: Docket No. 2003–SW–
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39 37–AD.
Title 49 of the United States Code Applicability: Model 369A, 369D, 369E,
Air transportation, Aircraft, Aviation
specifies the FAA’s authority to issue 369F, 369FF, 369H, 369HE, 369HS, 369HM,
safety, Safety.
rules on aviation safety. Subtitle I, 500N, and OH–6A helicopters, with any of
Section 106, describes the authority of The Proposed Amendment the components listed in the Applicability
the FAA Administrator. Subtitle VII, Accordingly, pursuant to the Table installed, excluding any model with
Aviation Programs, describes in more authority delegated to me by the Aerometals strut (part number (P/N)
detail the scope of the Agency’s Administrator, the Federal Aviation 369XH6001–41, –42, –51, or –52) installed in
authority. Administration proposes to amend part accordance with Supplemental Type
We are issuing this rulemaking under 39 of the Federal Aviation Regulations Certificate (STC) No. SR00981LA, certificated
the authority described in Subtitle VII, (14 CFR part 39) as follows: in any category:

APPLICABILITY TABLE
Component name Component part number (P/N)

Mid Aft Fairing Assembly .......................................................................... 369H6200–61, –62, standard gear.


Aft Support Assembly ............................................................................... 369H6200–23, –24 (–23 to be reinstalled on the right-hand side and
–24 to be reinstalled on the left-hand side, all configurations).
Aft Fairing Assembly ................................................................................. 369H92113–91, –92, extended gear.
Aft Filler Assembly .................................................................................... 369H92113–131, –132, extended gear.
Aft Fillet Assembly .................................................................................... 369A6200–45, –46, standard gear.
Aft Fillet Assembly .................................................................................... 369H92113–111, –112, extended gear.
Mid Fwd Fairing Assembly ....................................................................... 369H6200–41, –42, standard gear.
Fwd Fairing Assembly .............................................................................. 369H92113–81, –82, extended gear.
Fwd Support Assembly ............................................................................. 369H6200–23, –24 (–23 becomes right-hand side and –24 becomes
left-hand side).
Fwd Filler Assembly .................................................................................. 369H92113–121, –122, extended gear.
Fwd Fillet Assembly .................................................................................. 369A6200–57, –58, standard gear.
Fwd Fillet Assembly .................................................................................. 369H92113–101, –102, extended gear.

Compliance: Required as indicated. Accomplishment Instructions of MD Paragraph B of the Accomplishment


To detect a crack that could result in the Helicopters Service Bulletin SB369H–244, Instructions of the SB.
failure of a strut and subsequent loss of SB369E–094, SB500N–022, SB369D–200, and (2) If only two rivets (forward and aft) are
control of the helicopter during landing, SB369F–078, dated April 7, 2000 (SB). used to attach the support assembly to the
accomplish the following: (B) If the strut assembly is not cracked, strut assembly and a third rivet hole has not
(a) Within 4 months, unless accomplished rework the landing gear assembly and install been drilled in the strut, neither the
previously, remove all landing gear fairings the other landing gear components in inspection of the strut assembly nor the
(fairings) and inspect each landing gear accordance with steps (5) through (11) of rework of those landing gear assemblies is
fairing support assembly (support assembly) paragraph C of the Accomplishment required by this AD.
to determine the number and location of the Instructions of the SB. (b) At intervals not to exceed 100 hours TIS
rivets attaching the support assembly to the
(ii) For each AFT landing gear assembly, or during each annual inspection, whichever
landing gear strut assembly (strut assembly).
remove the fillet assembly, the three rivets, occurs first, for any strut assembly that has
(1) If three rivets (forward, aft and inboard)
and the support assembly, and clean and a third rivet hole, remove the fairing
are used to attach the support assembly to the
strut assembly, dye-penetrant inspect the area in and around inspection button plug and clean and inspect
(i) For each FORWARD landing gear the 0.125 (3.18mm) diameter hole in the the area in and around the rivet hole for
assembly, remove the landing gear fillet inboard surface of the strut assembly. cracks using a bright light and 1 10x or
assembly (fillet assembly), the three rivets, (A) If the strut assembly is cracked, replace higher magnifying glass.
and the support assembly, and clean and the cracked strut assembly with an airworthy (1) If any FORWARD strut assembly is
dye-penetrant inspect the area in and around strut assembly and install the other landing cracked, replace the cracked strut with an
sroberts on PROD1PC70 with PROPOSALS

the 0.125 (3.18mm) diameter hole in the gear components in accordance with steps (6) airworthy strut assembly.
inboard surface of the strut assembly. through (13) of paragraph B of the (2) If any AFT strut assembly is cracked,
(A) If the strut assembly is cracked, replace Accomplishment Instructions of the SB. replace the cracked strut with an airworthy
the cracked strut assembly with an airworthy (B) If the strut assembly is not cracked, strut assembly.
strut assembly and install the other landing rework the landing gear assembly and install (c) Installing a strut assembly that has only
gear components in accordance with steps (6) the other landing gear components in 2 rivet holes is terminating action for the
through (11) of paragraph C of the accordance with steps (5) through (13) of requirements of this AD.

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Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 669

Note 1: For the Model 369D, 369E, 369F, emergency landing. The actions post a report summarizing each
369FF, and 500N helicopters, the Handbook specified by the proposed AD are substantive verbal contact with FAA
of Maintenance Instruction, Servicing and intended to detect corrosion and personnel concerning this proposed
Maintenance, HMI, CSP–HMI–2, Chapter 32,
Section 32–10–00, ‘‘Landing Gear Strut
prevent failure of a push-pull rod, and rulemaking. Using the search function
Inspection’’ pertains to the subject of this AD. subsequent loss of control of the of our docket Web site, you can find and
helicopter. read the comments to any of our
Note 2: For the Model 369(A) (OH–6A),
369H, 369HE, 369HS, and 369HM DATES: Comments must be received on dockets, including the name of the
helicopters, the Basic Handbook of or before March 9, 2007. individual who sent or signed the
Maintenance Instructions CSP–H–2, Section ADDRESSES: Use one of the following comment. You may review the DOT’s
6, ‘‘Landing Gear’’ pertains to the subject of addresses to submit comments on this complete Privacy Act Statement in the
this AD. Federal Register published on April 11,
proposed AD:
(d) To request a different method of • DOT Docket Web site: Go to http:// 2000 (65 FR 19477–78) or you may visit
compliance or a different compliance time dms.dot.gov and follow the instructions http://dms.dot.gov.
for this AD, follow the procedures in 14 CFR
39.19. Contact the Los Angeles Aircraft for sending your comments Examining the Docket
Certification Office, Transport Airplane electronically;
Directorate, FAA, for information about • Government-wide rulemaking Web You may examine the docket that
previously approved alternative methods of site: Go to http://www.regulations.gov contains the proposed AD, any
compliance. and follow the instructions for sending comments, and other information in
Issued in Fort Worth, Texas, on December your comments electronically; person at the Docket Management
26, 2006. • Mail: Docket Management Facility; System (DMS) Docket Office between
David A. Downey, U.S. Department of Transportation, 400 9 a.m. and 5 p.m., Monday through
Manager, Rotorcraft Directorate, Aircraft
Seventh Street, SW., Nassif Building, Friday, except Federal holidays. The
Certification Service. Room PL–401, Washington, DC 20590; Docket Office (telephone 1–800–647–
• Fax: 202–493–2251; or 5227) is located at the plaza level of the
[FR Doc. E7–41 Filed 1–5–07; 8:45 am]
• Hand Delivery: Room PL–401 on Department of Transportation NASSIF
BILLING CODE 4910–13–P
the plaza level of the Nassif Building, Building in Room PL–401 at 400
400 Seventh Street, SW., Washington, Seventh Street, SW., Washington, DC.
DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., Monday Comments will be available in the AD
through Friday, except Federal holidays. docket shortly after the DMS receives
Federal Aviation Administration You may get the service information
them.
identified in this proposed AD from The
14 CFR Part 39 Enstrom Helicopter Corporation, Twin Discussion
County Airport, P.O. Box 490,
[Docket No. FAA–2006–26771; Directorate Menominee, Michigan 49858. This document proposes adopting a
Identifier 2005–SW–07–AD] You may examine the comments to new AD for Enstrom Model F–28A, F–
RIN 2120–AA64 this proposed AD in the AD docket on 28C, F–28F, TH–28, 280, 280C, 280F,
the Internet at http://dms.dot.gov. 280FX, 480, and 480B helicopters. The
Airworthiness Directives; Enstrom FOR FURTHER INFORMATION CONTACT: proposed AD would require reviewing
Helicopter Corporation Model F–28A, Shawn Malekpour, Aviation Safety the helicopter maintenance records and
F–28C, F–28F, TH–28, 280, 280C, 280F, Engineer, FAA, Chicago Aircraft determining the installation dates for
280FX, 480, and 480B Helicopters Certification Office, 2300 East Devon the push-pull rods. If the dates cannot
Ave., Des Plaines, Illinois 60018, be determined from the maintenance
AGENCY: Federal Aviation
telephone (847) 294–7837, fax (847) records, using the ‘‘Date MFD’’, which
Administration, DOT.
294–7834. is located on the helicopter data plate,
ACTION: Notice of proposed rulemaking
SUPPLEMENTARY INFORMATION:
would be used as the installation date
(NPRM). for the push-pull rods. The proposed
SUMMARY: This document proposes Comments Invited AD would also require a visual
adopting a new airworthiness directive We invite you to submit any written inspection for corrosion on the exterior
(AD) for Enstrom Helicopter data, views, or arguments regarding this and interior of the three push-pull rods,
Corporation (Enstrom) Model F–28A, F– proposed AD. Send your comments to part number (P/N) 28–16253-all dash
28C, F–28F, TH–28, 280, 280C, 280F, the address listed under the caption numbers (for Model F–28A, F–28C, F–
280FX, 480, and 480B helicopters. The ADDRESSES. Include the docket number 28F, 280, 280C, 280F, and 280FX
AD would require determining the ‘‘FAA–2006–26771, Directorate helicopters) or P/N 4140532-all dash
installation dates for each main rotor Identifier 2005–SW–07–AD’’ at the numbers (for Model TH–28, 480, and
push-pull control rod (push-pull rod), beginning of your comments. We 480B helicopters), using the compliance
inspecting the push-pull rods for specifically invite comments on the times stated in the following table.
corrosion, replacing any push-pull rod overall regulatory, economic, Replacing any push-pull rod that has
which has corrosion that is severe environmental, and energy aspects of corrosion that is severe enough to cause
enough to cause pitting, or has visible the proposed AD. We will consider all pitting or has moisture inside the rod,
moisture inside the rod, and repairing comments received by the closing date and repairing any push-pull rod that has
each push-pull rod that has corrosion and may amend the proposed AD in corrosion but no pitting, would be
but no pitting. This proposal is light of those comments. required before further flight. Repairing
sroberts on PROD1PC70 with PROPOSALS

prompted by one reported incident in We will post all comments we a push-pull rod consists of cleaning the
which the helicopter pilot encountered receive, without change, to http:// push-pull rod, applying a protective
severe in flight vibration due to the dms.dot.gov, including any personal coating, and sealing the push-pull rod
failure of a push-pull rod, requiring an information you provide. We will also before reinstalling it on a helicopter.

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