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/ June
/ Wednesday, June 05, 2002
[Federal Register: June 5, 2002 (Volume 67, Number 108)]
[Rules and Regulations]
[Page 38600-38604]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn02-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2002-0067; FRL-7179-9]
Methyl Parathion and Ethyl Parathion; Tolerance Revocations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document revokes certain tolerances for residues found
for methyl parathion and for ethyl parathion. The regulatory actions
specified in this document are part of the Agency's reregistration
program under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), and the tolerance reassessment requirements of the Federal
Food, Drug, and Cosmetic Act (FFDCA). By law, EPA is required to
reassess 66% of the tolerances in existence on August 2, 1996, by
August 2002, or about 6,400 tolerances. These tolerances will be
counted among reassessments made toward the August 2002 review deadline
of FFDCA section 408(q), as amended by the Food Quality Protection Act
(FQPA) of 1996. The regulatory actions in this document pertain to the
revocation of 66 tolerances which are counted among tolerance/exemption
reassessments made toward the August 2002 review deadline.
DATES: This regulation is effective September 3, 2002. Objections and
requests for hearings, identified by docket ID number OPP-2002-0067,
must be received by EPA on or before August 5, 2002.
ADDRESSES: Written objections and hearing requests may be submitted by
mail, in person, or by courier. Please follow the detailed instructions
for each method as provided in Unit IV. of theSUPPLEMENTARY
INFORMATION. To ensure proper receipt by EPA, your objections and
hearing requests must identify docket ID number OPP-2002-0067 in the
subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: By mail: Laura Parsons, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave, NW.,
Washington, DC 20460; telephone number: (703) 305-5776; e-mail address:
parsons.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be affected by this action if you are an agricultural
producer, food manufacturer, or pesticide manufacturer. Potentially
affected categories and entities may include, but are not limited to:
------------------------------------------------------------------------
Examples of
Categories NAICS codes potentially
affected entities
------------------------------------------------------------------------
Industry 111 Crop production
112 Animal production
311 Food manufacturing
32532 Pesticide
manufacturing
------------------------------------------------------------------------
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this action might apply to certain entities. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the
entry for this document under the ``Federal Register--Environmental
Documents.'' You can also go directly to theFederal Register listings
at http://www.epa.gov/fedrgstr/. A frequently updated electronic
version of 40 CFR part 180 is available at http://www.access.gpo.gov/
nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html, a beta site currently
under development.
2. In person. The Agency has established an official record for
this action under docket ID number OPP-2002-0067. The official record
consists of the documents specifically referenced in this action, and
other information related to this action, including any information
claimed as Confidential Business Information (CBI). This official
record includes the documents that are physically located in the
docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period is available for
inspection in the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy.,
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.
II. Background
A. What Action is the Agency Taking?
This final rule revokes certain tolerances for residues of methyl
parathion and ethyl parathion. The Agency is amending 40 CFR 180.121
(whose tolerances previously covered both methyl parathion and ethyl
parathion) to narrow its scope to the remaining tolerances for methyl
parathion, and is creating 40 CFR 180.122 to list the remaining
tolerances for ethyl parathion, which expire on December 31, 2005. In
the Federal Register of February 6, 2002 (67 FR 5553) (FRL-6815-1), EPA
issued a proposed rule to revoke the tolerances listed in this final
rule.
Parathion (methyl and ethyl) tolerances that are revoked effective
as of September 3, 2002 include: apricots; avocados; blackberries;
blueberries; boysenberries; clover; cranberries; cucumbers; currants;
dates; dewberries; eggplants; endive, escarole; figs; filberts, garlic;
gooseberries; guavas; loganberries; mangos; melons; mustard seed; okra;
olives; parsnips, with or without tops; parsnip greens; peppers;
pineapples; pumpkins; quinces; radishes, with or without tops; radish
tops; raspberries; safflower seed; squash; strawberries; summer squash;
Swiss chard; and youngberries.
The tolerances for sorghum; sorghum, grain, stover; sorghum, grain,
forage are
[[Page 38601]]
revoked from methyl are narrowed to cover only ethyl parathion,
effective September 3, 2002. These expire on December 31, 2005.
On June 2, 2000 (65 FR 35307) (FRL-6491-9), EPA had proposed to
revoke the tolerances for a number of commodities listed in 40 CFR
180.121. Although the tolerance for loganberries had not been proposed
for revocation in that notice, the final rule on January 5, 2001 (66 FR
1241) (FRL-6752-6), inadvertently removed this tolerance from 40 CFR
180.121. EPA formally proposed revocation of the tolerance for
loganberries on February 6, 2002. No comments were received requesting
that the tolerance be retained.
Methyl parathion tolerances for guar beans and parsley are revoked
effective September 3, 2002.
Ethyl parathion tolerances for apples; artichokes; beets, greens;
beets, with or without tops; broccoli, Brussel sprouts; carrots;
cauliflower; celery; cherries; collards; grapes; kale; kohlrabi;
lettuce; mustard greens; nectarines; peaches; pears; plums, fresh
prunes; rutabaga tops; rutabagas, with or without tops; spinach;
tomatoes; turnip greens; turnips, with or without tops; and vetch are
revoked effective September 3, 2002.
The tolerances for almonds; almond hulls; beets, sugar; beets,
sugar, tops; cabbage; dried beans; dried peas; peas, forage; grass,
forage; hops; oats; onions; peanuts; pecans; rice; sweet potatoes;
walnuts; and white potatoes are narrowed to cover only methyl
parathion, effective September 3, 2002.
The tolerances for alfalfa, fresh; alfalfa, hay; barley; corn;
corn, forage; cotton, undelinted seed; rapeseed; sorghum; sorghum,
grain, stover; sorghum, grain, forage; soybean; soybean, hay;
sunflower, seed; and wheat expire on December 31, 2005. Except for the
tolerances on sorghum products as noted above, these tolerances are
also narrowed to cover only methyl parathion, effective September 3,
2002.
These tolerances in or on specified commodities listed above are
being revoked because these pesticides are not registered under FIFRA
for uses on those commodities. The tolerances revoked by this final
rule are no longer necessary to cover residues of methyl or ethyl
parathion in or on domestically treated commodities or commodities
treated outside but imported into the United States. Methyl and ethyl
parathion are no longer used on those specified commodities within the
United States, and no one commented in response to the February 6, 2002
rule proposing these revocations that there was a need for EPA to
retain any of the tolerances listed in the proposal to cover residues
in or on imported foods.
The regulatory actions in this document pertain to the revocation
of 73 tolerances of which 66 would be counted among tolerance/exemption
reassessments made toward the August 2002 review deadline. The
remaining seven tolerances are not found in the current baseline total
of tolerances to be reassessed by the 2002 deadline.
B. What is the Agency's Authority for Taking this Action?
It is EPA's general practice to revoke tolerances for residues of
pesticide active ingredients on crop uses for which FIFRA registrations
no longer exist. EPA has historically been concerned that retention of
tolerances that are not necessary to cover residues in or on legally
treated foods may encourage misuse of pesticides within the United
States. Nonetheless, EPA will establish and maintain tolerances even
when corresponding domestic uses are canceled if the tolerances, which
EPA refers to as ``import tolerances,'' are necessary to allow
importation into the United States of food containing such pesticide
residues. However, where there are no imported commodities that require
these import tolerances, the Agency believes it is appropriate to
revoke tolerances for unregistered pesticides in order to prevent
potential misuse.
C. When Do These Actions Become Effective?
These actions become effective 90 days following publication of
this final rule in the Federal Register, although some of the ethyl
parathion tolerances will not expire until December 31, 2005. EPA has
delayed the effectiveness of these revocations for 90 days following
publication of this final rule to ensure that all affected parties
receive notice of EPA's actions. Consequently, the effective date is
September 3, 2002. For this final rule, tolerances that were revoked
because registered uses did not exist concerned uses which have been
canceled for many years. Therefore, commodities containing these
pesticide residues should have cleared the channels of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by the FQPA.
Under this section, any residue of these pesticides in or on such food
shall not render the food adulterated so long as it is shown to the
satisfaction of FDA that, (1) the residue is present as the result of
an application or use of the pesticide at a time and in a manner that
was lawful under FIFRA, and (2) the residue does not exceed the level
that was authorized at the time of the application or use to be present
on the food under a tolerance or exemption from a tolerance. Evidence
to show that food was lawfully treated may include records that verify
the dates that the pesticide was applied to such food.
D. What is the Contribution to Tolerance Reassessment?
By law, EPA is required by August 2002 to reassess 66% or about
6,400 of the tolerances in existence on August 2, 1996. EPA is also
required to assess the remaining tolerances by August 2006. As of April
29, 2002, EPA has reassessed over 4,140 tolerances. In this rule, EPA
is revoking a total of 73 tolerances of which 66 will count as
reassessments toward the August 2002 review deadline of FFDCA section
408(q), as amended by FQPA in 1996. The other 7 tolerances were not
included in the baseline tolerance count of 6,400 tolerances.
III. Are There Any International Trade Issues Raised by this Final
Action?
EPA is working to ensure that the U.S. tolerance reassessment
program under FQPA does not disrupt international trade. EPA considers
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in
reassessing them. MRLs are established by the Codex Committee on
Pesticide Residues, a committee within the Codex Alimentarius
Commission, an international organization formed to promote the
coordination of international food standards. When possible, EPA seeks
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain in a Federal Register document the
reasons for departing from the Codex level. EPA's effort to harmonize
with Codex MRLs is summarized in the tolerance reassessment section of
individual REDs. EPA has developed guidance concerning submissions for
import tolerance support (65 FR 35069, June 1, 2000) (FRL-6559-3). This
guidance will be made available to interested persons. Electronic
copies are available on the internet at http://www.epa.gov/. On the
Home Page select ``Laws and Regulations,'' then select ``Regulations
and Proposed Rules'' and then look up the entry for this document under
``Federal Register--Environmental Documents.'' You can
[[Page 38602]]
also go directly to the ``Federal Register'' listings at http://
www.epa.gov/fedrgstr/.
IV. Objections and Hearing Requests
A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number OPP-2002-0067 in the subject line on the
first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before August 5,
2002.
1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issues(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
Mail your written request to: Office of the Hearing Clerk (1900),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. You may also deliver your request to the Office
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW.,
Washington, DC 20460. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is (202) 260-4865.
2. Objection/hearing fee payment. If you file an objection or
request a hearing, you must also pay the fee prescribed by 40 CFR
180.33(i) or request a waiver of that fee pursuant to 40 CFR 180.33(m).
You must mail the fee to: EPA Headquarters Accounting Operations
Branch, Office of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA
15251. Please identify the fee submission by labeling it ``Tolerance
Petition Fees.''
EPA is authorized to waive any fee requirement ``when in the
judgement of the Administrator such a waiver or refund is equitable and
not contrary to the purpose of this subsection.'' For additional
information regarding the waiver of these fees, you may contact James
Tompkins by phone at (703) 305-5697, by e-mail at tompkins.jim@epa.gov,
or by mailing a request for information to Mr. Tompkins at Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
If you would like to request a waiver of the tolerance objection
fees, you must mail your request for such a waiver to: James Hollins,
Information Resources and Services Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
3. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit IV.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in Unit I.B.2. Mail your
copies, identified by docket ID number OPP-2002-0067, to: Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
In person or by courier, bring a copy to the location of the PIRIB
described in Unit I.B.2. You may also send an electronic copy of your
request via e-mail to: opp-docket@epa.gov. Please use an ASCII file
format and avoid the use of special characters and any form of
encryption. Copies of electronic objections and hearing requests will
also be accepted on disks in WordPerfect 6.1/8.0 or ASCII file format.
Do not include any CBI in your electronic copy. You may also submit an
electronic copy of your request at many Federal Depository Libraries.
B. When Will the Agency Grant a Request for a Hearing?
A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issues(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32).
V. Regulatory Assessment Requirements
This final rule will revoke tolerances established under FFDCA
section 408. The Office of Management and Budget (OMB) has exempted
this type of action (i.e., a tolerance revocation for which
extraordinary circumstances do not exist) from review under Executive
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993). Because this final rule has been exempted from review
under Executive Order 12866 due to its lack of significance, this final
rule is not subject to Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any other Agency action under
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.), the Agency previously assessed whether revocations of
tolerances might significantly impact a substantial number of small
entities and concluded that, as a general matter, these actions do not
impose a significant economic impact on a substantial number of small
entities. This analysis was published on December 17, 1997 (62 FR
66020), and was provided to the Chief Counsel for Advocacy of the Small
Business Administration. Taking into account this analysis, and
available information concerning the pesticides listed in this rule, I
certify that this action will not have a significant economic impact on
a substantial number of small entities. Specifically, as per the 1997
notice, EPA has reviewed
[[Page 38603]]
its available data on imports and foreign pesticide usage and concludes
that there is a reasonable international supply of food not treated
with canceled pesticides. Furthermore, the Agency knows of no
extraordinary circumstances that exist as to the present revocations
that would change EPA's previous analysis.
In addition, the Agency has determined that this action will not
have a substantial direct effect on States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, entitled Federalism(64 FR 43255,
August 10, 1999). Executive Order 13132 requires EPA to develop an
accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
VI. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 20, 2002.
Marcia E. Mulkey,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 321(q), 346(a) and 371.
2. Section 180.121 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 180.121 Methyl parathion; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide parathion O, O-Dimethyl-O-p-nitrophenyl thiophosphate (the
methyl homolog of parathion) in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Alfalfa, fresh................................. 1.25
Alfalfa, hay................................... 5.0
Almond......................................... 0.1
Almond, hull................................... 3.0
Barley......................................... 1.0
Bean, dried.................................... 1.0
Beet, sugar.................................... 0.1
Beet, sugar, top............................... 0.1
Cabbage........................................ 1.0
Corn........................................... 1.0
Corn, forage................................... 1.0
Cotton, seed................................... 0.75
Grass, forage.................................. 1.0
Hop............................................ 1.0
Oat............................................ 1.0
Onion.......................................... 1.0
Peanut......................................... 1.0
Pea, dried..................................... 1.0
Pea, forage.................................... 1.0
Pecan.......................................... 0.1
Potato......................................... 0.1
Rape, seed..................................... 0.2
Rice........................................... 1.0
Soybean........................................ 0.1
Soybean, hay................................... 1.0
Sunflower, seed................................ 0.2
Sweet potato................................... 0.1
Walnut......................................... 0.1
Wheat.......................................... 1.0
------------------------------------------------------------------------
* * * * *
3. Section 180.122 is added to read as follows:
Sec. 180.122 Parathion; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide parathion (O, O-Diethyl-O-p-nitrophenyl thiophosphate) in
or on the following raw agricultural commodities:
----------------------------------------------------------------------------------------------------------------
Commodity Parts per million Expiration/Revocation Date
----------------------------------------------------------------------------------------------------------------
Alfalfa, fresh..................................... 1.25 12/31/05
Alfalfa, hay....................................... 5.0 12/31/05
Barley............................................. 1.0 12/31/05
Corn............................................... 1.0 12/31/05
Corn, forage....................................... 1.0 12/31/05
Cotton, seed....................................... 0.75 12/31/05
Rape, seed......................................... 0.2 12/31/05
Sorghum............................................ 0.1 12/31/05
Sorghum, fodder.................................... 3.0 12/31/05
Sorghum, forage.................................... 3.0 12/31/05
[[Page 38604]]
Soybean............................................ 0.1 12/31/05
Soybean, hay....................................... 1.0 12/31/05
Sunflower, seed.................................... 0.2 12/31/05
Wheat.............................................. 1.0 12/31/05
----------------------------------------------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. 02-13519 Filed 6-4-02; 8:45 am]
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