37790 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations

Flight Standards District Office, as Directorate, 1601 Lind Avenue SW., Renton, owner/operator to perform the pre-flight appropriate. If sending information directly Washington. For information on the pilot check, adds a recurring inspection to the International Branch, send it to Attn: availability of this material at the FAA, call of the ring frame, and allows for Tom Rodriguez, Aerospace Engineer, 425–227–1221. installation of a ring frame International Branch, ANM–116, Transport (5) You may also review copies of the Airplane Directorate, FAA 1601 Lind Avenue service information that is incorporated by reinforcement as an optional SW., Renton, Washington 98057–3356; reference at the National Archives and terminating action for the AD telephone (425) 227–1137; fax (425) 227– Records Administration (NARA). For requirements. The actions are intended 1149. Information may be emailed to: information on the availability of this to detect a crack in the ring frame which [email protected]. material at an NARA facility, call 202–741– could result in loss of the Before using any approved AMOC, notify 6030, or go to http://www.archives.gov/ structure and subsequent loss of control _ _ _ _ your appropriate principal inspector, or federal register/code of federal regulations/ of the helicopter. lacking a principal inspector, the manager of ibr_locations.html. the local flight standards district office/ DATES: This AD becomes effective July Issued in Renton, Washington, on June 7, 10, 2012. certificate holding district office. The AMOC 2012. approval letter must specifically reference The Director of the Federal Register this AD. Michael Kaszycki, approved the incorporation by reference (2) Airworthy Product: For any requirement Acting Manager, Transport Airplane of certain documents listed in this AD in this AD to obtain corrective actions from Directorate, Aircraft Certification Service. as of July 10, 2012. a manufacturer or other source, use these [FR Doc. 2012–14546 Filed 6–22–12; 8:45 am] We must receive comments on this actions if they are FAA-approved. Corrective BILLING CODE 4910–13–P AD by August 24, 2012. actions are considered FAA-approved if they ADDRESSES: are approved by the State of Design Authority You may send comments by any of the following methods: (or their delegated agent). You are required DEPARTMENT OF TRANSPORTATION • to assure the product is airworthy before it Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the is returned to service. Federal Aviation Administration (3) Reporting Requirements: A federal online instructions for sending your agency may not conduct or sponsor, and a comments electronically. person is not required to respond to, nor 14 CFR Part 39 • Fax: 202–493–2251. • shall a person be subject to a penalty for [Docket No. FAA–2012–0566; Directorate Mail: Send comments to the U.S. failure to comply with a collection of Identifier 2011–SW–008–AD; Amendment Department of Transportation, Docket information subject to the requirements of 39–17065; AD 2012–11–02] Operations, M–30, West Building the Paperwork Reduction Act unless that Ground Floor, Room W12–140, 1200 collection of information displays a current RIN 2120–AA64 valid OMB Control Number. The OMB New Jersey Avenue SE., Washington, DC 20590–0001. Control Number for this information Airworthiness Directives; Eurocopter • collection is 2120–0056. Public reporting for Deutschland GmbH Helicopters Hand Delivery: Deliver to the this collection of information is estimated to ‘‘Mail’’ address between 9 a.m. and be approximately 5 minutes per response, AGENCY: Federal Aviation 5 p.m., Monday through Friday, except including the time for reviewing instructions, Administration (FAA), Department of Federal holidays. completing and reviewing the collection of Transportation (DOT). Examining the AD Docket: You may information. All responses to this collection ACTION: Final rule; request for examine the AD docket on the Internet of information are mandatory. Comments comments. at http://www.regulations.gov or in concerning the accuracy of this burden and person at the Docket Operations Office suggestions for reducing the burden should SUMMARY: We are adopting a new between 9 a.m. and 5 p.m., Monday be directed to the FAA at: 800 Independence airworthiness directive (AD) that Ave. SW., Washington, DC 20591, Attn: through Friday, except Federal holidays. Information Collection Clearance Officer, supersedes an existing Emergency The AD docket contains this AD, the AES–200. Airworthiness Directive (EAD) for economic evaluation, any comments certain Eurocopter Deutschland GmbH received, and other information. The (l) Related Information (ECD) Model EC135 . The street address for the Docket Operations Refer to MCAI European Aviation Safety existing EAD, which was previously Office (telephone 800–647–5527) is in Agency Airworthiness Directive 2011–0115, sent to all known U.S. owners and the ADDRESSES section. Comments will dated June 17, 2011; and Fokker Service operators of ECD Model EC135 Bulletin SBF100–53–115, dated June 16, be available in the AD docket shortly 2011; for related information. helicopters and not made generally after receipt. effective by publication in the Federal For service information identified in (m) Material Incorporated by Reference Register, currently requires inspecting this AD, contact American Eurocopter (1) The Director of the Federal Register the ring frame between the rear Corporation, 2701 N. Forum Drive, approved the incorporation by reference structure tube (tailboom) and the tail Grand Prairie, TX 75052, telephone (IBR) of the following service information rotor fenestron housing (fenestron (972) 641–0000 or (800) 232–0323, fax under 5 U.S.C. 552(a) and 1 CFR part 51. housing) for a crack before the first (972) 641–3775, or at http://www. (2) You must use the following service eurocopter.com/techpub. You may information to do the actions required by this flight of each day and replacing any AD, unless the AD specifies otherwise. cracked ring frame with an airworthy review a copy of the referenced service (i) Fokker Service Bulletin SBF100–53– ring frame. Since we issued that EAD, information at the FAA, Office of the 115, dated June 16, 2011. we have determined that a pre-flight Regional Counsel, Southwest Region, (3) For Fokker service information pilot check in conjunction with a 2601 Meacham Blvd., Room 663, Fort identified in this AD, contact Fokker Services recurring 25-hour inspection is Worth, Texas 76137. B.V., Technical Services Dept., P.O. Box 231, sufficient for determining the FOR FURTHER INFORMATION CONTACT: 2150 AE Nieuw-Vennep, the ; airworthiness of the ring frame. Sharon Miles, Aerospace Engineer, telephone +31 (0)252–627–350; fax +31 (0)252–627–211; email Additionally, ECD has developed a FAA, Rotorcraft Directorate, Regulations [email protected]; modification that is terminating action and Policy Group, 2601 Meacham Blvd., Internet http://www.myfokkerfleet.com for the requirements of that EAD. This Fort Worth, Texas 76137; phone (817) (4) You may review copies of the service superseding AD revises the inspection 222–5110; email: sharon.y.miles@faa. information at the FAA, Transport Airplane requirements of the EAD to allow an gov.

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SUPPLEMENTARY INFORMATION: housing for a crack, and replacing the FAA’s Determination ring frame with an airworthy ring frame Comments Invited These helicopters have been approved if there is a crack. That EAD resulted This AD is a final rule that involves by the aviation authority of from two reports of cracks on the ring and are approved for operation in the requirements affecting flight safety, and frame connecting the fenestron we did not provide you with notice and United States. Pursuant to our bilateral housing to the tailboom. The first crack agreement with Germany, EASA, their an opportunity to provide your was discovered in Germany and is comments prior to it becoming effective. technical representative, has notified us discussed in EAD 2008–0190–E. The of the unsafe condition described in the However, we invite you to participate in second crack, which was 9 inches long, this rulemaking by submitting written EASA AD. We are issuing this AD was discovered in the U.S. and was in because we evaluated all information comments, data, or views. We also the same area as the first reported crack. invite comments relating to the provided by EASA and determined the We issued EAD 2008–22–51 to detect a unsafe condition is likely to exist or economic, environmental, energy, or crack in the ring frame, which could federalism impacts that resulted from develop on other helicopters of these result in loss of the fenestron structure same type designs. adopting this AD. The most helpful and subsequent loss of control of the comments reference a specific portion of helicopter. Related Service Information the AD, explain the reason for any recommended change, and include Actions Since Existing EAD Was Issued We reviewed ECD Emergency Alert supporting data. To ensure the docket Service Bulletin (ASB) EC135–53A–022, does not contain duplicate comments, Since we issued EAD 2008–22–51, Revision 02, dated November 30, 2010 commenters should send only one copy EASA issued AD No.: 2009–0065, dated (ASB EC135–53A–022). ASB EC135– of written comments, or if comments are March 13, 2009 (AD 2009–0065), which 53A–022 describes procedures for a filed electronically, commenters should supersedes EAD 2008–0190–E. AD pilot check of the ring frame during the submit them only one time. We will file 2009–0065 retains the requirements of preflight check. ASB EC135–53A–022 in the docket all comments that we EAD 2008–0190–E, expands the additionally prescribes a recurring receive, as well as a report summarizing applicability to EC 135 helicopters inspection of the ring frame every 25 each substantive public contact with manufactured in , and adds a flight hours and accomplishment of ECD FAA personnel concerning this repetitive 100-hour inspection of the Service Bulletin EC135–53–023, as rulemaking during the comment period. rear fuselage structure area for cracks. corrected November 13, 2009 (SB We will consider all the comments we EASA next issued AD No.: 2009– EC135–53–023), which describes receive and may conduct additional 0065R1, dated September 8, 2009 (AD procedures to attach a frame rulemaking based on those comments. 2009–0065R1), which revises AD 2009– reinforcement to the ring frame. The correction coversheet attached to SB Discussion 0065. EASA advises that ECD has developed a modification EC135–53–023 is dated November 13, The European Aviation Safety Agency (reinforcement) of the aft ring frame, 2009; it describes the correction on page (EASA), which is the Technical Agent including a part number (P/N) change, 6 of the service bulletin. All pages of the for the Member States of the European for both production and in-service corrected service bulletin show the Union, has issued EASA EAD No.: application. Consequently, AD 2009– original issue date of August 19, 2009; 2008–0190–E, dated October 13, 2008 0065R1 retains the inspection the date has been underlined on page 6 (EAD 2008–0190–E), to correct an requirements of AD 2009–0065 but of the corrected service bulletin. unsafe condition for EC135 and EC635 limits its applicability to helicopters Accomplishment of SB EC135–53–023 model helicopters. EASA advises that, without the reinforced aft ring frame constitutes terminating action for the during a recent pre-flight check on an installed, and allows installation of the visual inspection requirements of ASB EC 135 helicopter, a crack was detected reinforced aft ring frame as an optional EC135–53A–022. on the ring frame that connects the tail terminating action for the repetitive AD Requirements rotor fenestron housing to the rear checks and inspections. structure tube (tailboom). EASA states This AD supersedes EAD 2008–22–51 that this condition, if not corrected, EASA then issued AD No.: 2010– and requires the following: could lead to crack propagation 0254, dated December 20, 2010 (AD • Before further flight, and thereafter remaining undetected, possibly 2010–0254), which supersedes AD at each preflight check, performing a resulting in loss of the fenestron 2009–0065R1. AD 2010–0254 retains the visual check of the ring frame which structure and loss of control of the repetitive inspection requirements of connects the tail rotor Fenestron helicopter. EAD 2008–0190–E requires AD 2009–0065R1, but reduces the housing to the tailboom for a crack. An accomplishing a pilot pre-flight check of interval of the visual inspection from owner/operator (pilot) may perform this the rear structure tube for cracks before 100 hours to 25 hours and requires check because it involves only a visual each first flight of the day; amending the installation of the reinforced aft ring check for a crack in the ring frame and flight manual to reflect the pilot pre- frame within 12 months as terminating can be performed equally well by a pilot flight check; within 25 flight hours, action for the repetitive checks and or a mechanic. having the rear structure tube inspected inspections. • Within 25 hours time-in-service for cracks by a mechanic; and, if any Since we issued EAD 2008–22–51, we (TIS), and every 25 hours TIS thereafter, cracks are detected contacting ECD for have determined that a pre-flight pilot removing the tail rotor drive shaft approved corrective actions. check in conjunction with a recurring paneling and inspecting the ring frame On October 16, 2008, we issued EAD 25-hour inspection is sufficient for for a crack. No. 2008–22–51 (EAD 2008–22–51) for determining the airworthiness of the • As an optional terminating action the ECD Model EC135 helicopter. That ring frame. Therefore, we are issuing for the requirements of this AD, EAD requires, before further flight and this AD to revise the inspection installing a frame reinforcement to the thereafter before the first flight of each requirements, as well as allow for the ring frame and re-identifying the ring day, visually inspecting the ring frame optional terminating action developed frame by following specified portions of between the tailboom and fenestron by ECD. the manufacturer’s service bulletin.

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Differences Between This AD and the FAA’s Justification and Determination on a substantial number of small entities EASA AD of the Effective Date under the criteria of the Regulatory Flexibility Act. This AD differs from the EASA AD as Providing an opportunity for public comments prior to adopting these AD We prepared an economic evaluation follows: of the estimated costs to comply with • requirements would delay The EASA AD requires amendment implementing the safety actions needed this AD and placed it in the AD docket. of the Flight Manual with a page from to correct this known unsafe condition. List of Subjects in 14 CFR Part 39 ASB EC135–53A–022. Following Therefore, we find that the risk to the Air transportation, Aircraft, Aviation issuance of the EASA AD, a revision has flying public justifies waiving notice safety, Incorporation by reference, been published for the Flight Manuals and comment prior to the adoption of Safety. and the amended pages are no longer this rule because some of the required issued with ASB EC135–53A–022. checks and inspections must be Adoption of the Amendment Therefore, this AD does not require this. accomplished before further flight. • Accordingly, under the authority The EASA AD requires Since an unsafe condition exists that delegated to me by the Administrator, modification of the aft ring frame within requires the immediate adoption of this the FAA amends 14 CFR part 39 as 12 months as terminating action; this AD, we determined that notice and follows: AD provides it as an optional opportunity for public comment before terminating action. issuing this AD are impracticable and PART 39—AIRWORTHINESS • The EASA AD applies to the Model that good cause exists for making this DIRECTIVES EC 635 helicopter, and this AD does not amendment effective in less than 30 ■ include this model because it does not days. 1. The authority citation for part 39 continues to read as follows: have an FAA-issued type certificate. Authority for This Rulemaking • Authority: 49 U.S.C. 106(g), 40113, 44701. The EASA AD includes a Title 49 of the United States Code ‘‘tolerance’’ range for accomplishment specifies the FAA’s authority to issue § 39.13 [Amended] of the pilot check and visual rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding inspections. This AD does not allow section 106, describes the authority of this. the following new airworthiness the FAA Administrator. ‘‘Subtitle VII: directive (AD): Interim Action Aviation Programs,’’ describes in more detail the scope of the Agency’s 2012–11–02 Eurocopter Deutschland We consider this AD interim action. authority. GmbH: Amendment 39–17065; Docket No. FAA–2012–0566; Directorate We are currently considering requiring We are issuing this rulemaking under Identifier 2011–SW–008–AD. the installation of the ECD-developed the authority described in ‘‘Subtitle VII, ring frame modification as terminating Part A, Subpart III, Section 44701: (a) Applicability action for the repetitive inspection General requirements.’’ Under that This AD applies to Model EC135 requirements of this AD. However, the section, Congress charges the FAA with helicopters with a ring frame, part number planned compliance time for the promoting safe flight of civil aircraft in (P/N) L535A3501230, installed, certificated installation of the modification would air commerce by prescribing regulations in any category. allow enough time to provide notice and for practices, methods, and procedures (b) Unsafe Condition opportunity for prior public comment the Administrator finds necessary for This AD defines the unsafe condition as a on the merits of the modification. safety in air commerce. This regulation crack in the ring frame connecting the rear is within the scope of that authority structure tube (tailboom) and the tail rotor Costs of Compliance because it addresses an unsafe condition fenestron housing. This condition could We estimate that this AD will affect that is likely to exist or develop on result in loss of the fenestron structure and 226 helicopters of U.S. Registry. We products identified in this rulemaking subsequent loss of control of the helicopter. estimate that operators may incur the action. (c) Other Affected ADs following costs in order to comply with Regulatory Findings This AD supersedes Emergency AD 2008– this AD. Inspecting the ring frame 22–51, dated October 16, 2008. We determined that this AD will not requires .5 work-hour at an average (d) Effective Date labor rate of $85 per hour, for a cost per have federalism implications under inspection cycle of $42.50 per Executive Order 13132. This AD will This AD becomes effective July 10, 2012. helicopter, and a cost to the fleet of not have a substantial direct effect on (e) Compliance the States, on the relationship between $9,605. Replacing a cracked ring frame You are responsible for performing each will require about 8 work hours at an the national Government and the States, action required by this AD within the average labor rate of $85 per hour, and or on the distribution of power and specified compliance time unless it has a parts cost of $7,425, for a total cost per responsibilities among the various already been accomplished prior to that time. helicopter of $8,105. Modifying and re- levels of government. For the reasons discussed, I certify (f) Required Actions identifying the ring frame requires 17 (1) Before further flight, and thereafter at work-hours and a parts cost of $1,320, that this AD: 1. Is not a ‘‘significant regulatory before the first flight of the day, visually for a total cost per helicopter of $2,765 action’’ under Executive Order 12866; check the ring frame that connects the tail and the cost to the fleet is $624,890. 2. Is not a ‘‘significant rule’’ under rotor fenestron housing to the tailboom for a According to the manufacturer, they DOT Regulatory Policies and Procedures crack. This action may be performed by the will cover all parts costs for a cracked owner/operator (pilot) holding at least a (44 FR 11034, February 26, 1979); private pilot certificate, and must be entered ring frame, thereby reducing the cost 3. Will not affect intrastate aviation in into the aircraft records showing compliance impact on affected persons. However, as Alaska to the extent that it justifies with this AD in accordance with 14 CFR 43.9 we do not control such coverage by the making a regulatory distinction; and (a)(1)–(4) and 14 CFR 91.417(a)(2)(v). The manufacturer, we have included all 4. Will not have a significant record must be maintained as required by 14 costs in our cost estimate. economic impact, positive or negative, CFR 91.173, 121.380, or 135.439.

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(2) Within 25 hours time-in-service (TIS), (k) Material Incorporated by Reference Section 41, in airplanes incorporating and thereafter at intervals not to exceed 25 (1) The Director of the Federal Register the overhead space utilization (OSU) hours TIS, remove the tail rotor driveshaft approved the incorporation by reference option, was found to be under-strength paneling and visually inspect the ring frame (IBR) of the service information listed in this when subjected to a 9.0 g forward load. for a crack. paragraph under 5 U.S.C. 552(a) and 1 CFR (3) While performing a check or an This AD requires installing new part 51. structural members, tie rod(s), and inspection as required in paragraph (f)(1) or (2) You must use this service information (f)(2) of this AD, paint cracks around the rivet as applicable to do the actions required by attach fittings on the left and right sides heads and in the transition area between the this AD, unless the AD specifies otherwise. of the lowered ceiling support structure. tailboom and ring frame or between the ring (i) Eurocopter EC135 Service Bulletin We are issuing this AD to prevent the frame and fenestron housing may be present EC135–53–023, as corrected on November 13, forward lowered ceiling panels and and do not create an unsafe condition. If you 2009. The correction coversheet attached to support structure from becoming are unable to determine whether a crack is this document is dated November 13, 2009; dislodged during a 9.0 g forward load on the paint or on the ring frame, you must it describes the correction on page 6 of the and consequent injury to personnel or remove the paint to do an accurate service bulletin. All pages of the corrected interference with an emergency inspection. service bulletin show the original issue date (4) If there is a crack in the ring frame, of August 19, 2009. On page 6 of the evacuation. before further flight, replace it with an corrected service bulletin the date has been DATES: This AD is effective July 30, airworthy ring frame. underlined. (5) As an optional terminating action for (ii) Reserved. 2012. the requirements of this AD, you may install (3) For Eurocopter service information The Director of the Federal Register a frame reinforcement to the ring frame and identified in this AD, contact American approved the incorporation by reference re-identify the ring frame in accordance with Eurocopter Corporation, 2701 N. Forum of a certain publication listed in the AD the Accomplishment Instructions, paragraph Drive, Grand Prairie, TX 75052, telephone as of July 30, 2012. 3.B. of Eurocopter EC135 Service Bulletin (972) 641–0000 or (800) 232–0323, fax (972) EC135–53–023, as corrected on November 13, 641–3775, or at http://www.eurocopter.com/ ADDRESSES: For service information 2009, except you are not required to contact techpub. identified in this AD, contact Boeing ECD as noted under paragraphs 3.B.(3) (4) You may view this service information Commercial Airplanes, Attention: Data Caution and 3.B.(8). at the FAA, Office of the Regional Counsel, & Services Management, P.O. Box 3707, Southwest Region, 2601 Meacham Blvd., MC 2H–65, Seattle, Washington 98124– (g) Special Flight Permits Room 663, Fort Worth, Texas 76137. Special flight permits are prohibited. (5) You may also view this service 2207; telephone (206) 544–5000, information at the National Archives and extension 1; fax (206) 766–5680; email (h) Alternative Methods of Compliance Records Administration (NARA). For [email protected]; Internet (AMOCs) information on the availability of this https://www.myboeingfleet.com. You (1) The Manager, Safety Management material at NARA, call 202–741–6030, or go may review copies of the referenced Group, FAA, may approve AMOCs for this to: http://www.archives.gov/federal_register/ service information at the FAA, AD. Send your proposal to: Sharon Miles, code_of_federal_regulations/ Transport Airplane Directorate, 1601 Aerospace Engineer, FAA, Rotorcraft ibr_locations.html. Directorate, Regulations and Policy Group, Lind Avenue SW., Renton, Washington. 2601 Meacham Blvd., Fort Worth, Texas Issued in Fort Worth, Texas, on May 22, For information on the availability of 76137; phone (817) 222–5110; email: 2012. this material at the FAA, call (425) 227– [email protected]. Lance T. Gant, 1221. (2) For operations conducted under a 14 Acting Manager, Rotorcraft Directorate, CFR part 119 operating certificate or under Aircraft Certification Service. Examining the AD Docket 14 CFR part 91, subpart K, we suggest that [FR Doc. 2012–15290 Filed 6–22–12; 8:45 am] you notify your principal inspector, or You may examine the AD docket on lacking a principal inspector, the manager of BILLING CODE 4910–13–P the Internet at http:// the local flight standards district office or www.regulations.gov; or in person at the certificate holding district office, before Docket Management Facility between operating any aircraft complying with this DEPARTMENT OF TRANSPORTATION 9 a.m. and 5 p.m., Monday through AD through an AMOC. Federal Aviation Administration Friday, except Federal holidays. The AD (i) Additional Information docket contains this AD, the regulatory evaluation, any comments received, and (1) Eurocopter Emergency Alert Service 14 CFR Part 39 Bulletin (ASB) EC135–53A–022, Revision 02, other information. The address for the dated November 30, 2010, which is not [Docket No. FAA–2011–1257; Directorate Docket Office (phone: 800–647–5527) is incorporated by reference, contains Identifier 2011–NM–124–AD; Amendment Document Management Facility, U.S. additional information about the subject of 39–17099; AD 2012–12–19] Department of Transportation, Docket this AD. For service information identified in RIN 2120–AA64 Operations, M–30, West Building this AD, contact American Eurocopter Ground Floor, Room W12–140, 1200 Corporation, 2701 N. Forum Drive, Grand Airworthiness Directives; the Boeing New Jersey Avenue SE., Washington, Prairie, TX 75052, telephone (972) 641–0000 Company Airplanes DC 20590. or (800) 232–0323, fax (972) 641–3775, or at http://www.eurocopter.com/techpub. You AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Ana may review a copy of the service information Administration (FAA), DOT. Martinez Hueto, Aerospace Engineer, at the FAA, Office of the Regional Counsel, ACTION: Final rule. Cabin Safety and Environmental Southwest Region, 2601 Meacham Blvd., Systems Branch, ANM–150S, FAA, Room 663, Fort Worth, Texas 76137. SUMMARY: We are adopting a new (2) The subject of this AD is addressed in Seattle Aircraft Certification Office airworthiness directive (AD) for certain (ACO), 1601 Lind Avenue SW., Renton, European Aviation Safety Agency AD No. the Boeing Company Model 777–200, 2010–0254, dated December 20, 2010. WA 98057–3356; phone: (425) 917– –200LR, and –300ER series airplanes. 6592; fax: (425) 917–6591; email: (j) Subject This AD was prompted by a report from [email protected]. Joint Aircraft Service Component (JASC) the manufacturer indicating that the Code: 5302: Rotorcraft Tailboom. lowered ceiling support structure of SUPPLEMENTARY INFORMATION:

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