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3770 Federal Register / Vol. 71, No.

15 / Tuesday, January 24, 2006 / Rules and Regulations

In reviewing SIP submissions, EPA’s Dated: December 8, 2005. SUMMARY: EPA is taking direct final
role is to approve state choices, L. Michael Bogert, action approving State Implementation
provided that they meet the criteria of Regional Administrator, EPA Region 10. Plan (SIP) revisions submitted by the
the Clean Air Act. In this context, in the ■ Part 52, chapter I, title 40 of the Code State of Montana on August 25, 2004.
absence of a prior existing requirement of Federal Regulations is amended as The revisions are to the Administrative
for the State to use voluntary consensus follows: Rules of Montana and correct internal
standards (VCS), EPA has no authority references to state documents; correct
to disapprove a SIP submission for PART 52—[AMENDED] references to, or update citations of,
failure to use VCS. It would thus be Federal documents; and make minor
■ 1. The authority citation for part 52 editorial changes. The intended effect of
inconsistent with applicable law for continues to read as follows:
EPA, when it reviews a SIP submission, this action is to make federally
to use VCS in place of a SIP submission Authority: 42 U.S.C. 7401 et seq. enforceable those provisions that EPA is
approving. This action is being taken
that otherwise satisfies the provisions of Subpart MM—Oregon under section 110 of the Clean Air Act.
the Clean Air Act. Thus, the
DATES: This rule is effective on March
requirements of section 12(d) of the ■ 2. Section 52.1970 is amended by
National Technology Transfer and 27, 2006 without further notice, unless
adding paragraph (c)(145) to read as
EPA receives adverse comment by
Advancement Act of 1995 (15 U.S.C. follows:
February 23, 2006. If adverse comment
272 note) do not apply. This rule does
§ 52.1970 Identification of plan. is received, EPA will publish a timely
not impose an information collection withdrawal of the direct final rule in the
burden under the provisions of the * * * * *
(c) * * * Federal Register informing the public
Paperwork Reduction Act of 1995 (44 that the rule will not take effect.
U.S.C. 3501 et seq.). (145) On December 27, 2004, the
Oregon Department of Environmental ADDRESSES: Submit your comments,
The Congressional Review Act, 5 Quality submitted to the Regional identified by Docket ID No. EPA–R08–
U.S.C. 801 et seq., as added by the Small Administrator of EPA, the Second OAR–2005–MT–0001, by one of the
Business Regulatory Enforcement Portland Area Carbon Monoxide following methods:
Fairness Act of 1996, generally provides Maintenance Plan that demonstrates • http://www.regulations.gov. Follow
that before a rule may take effect, the continued attainment of the NAAQS for the on-line instructions for submitting
agency promulgating the rule must carbon monoxide through the year 2017. comments.
submit a rule report, which includes a (i) Incorporation by reference. • E-mail: long.richard@epa.gov and
copy of the rule, to each House of the (A) Oregon Administrative Rules, ostrand.laurie@epa.gov.
Congress and to the Comptroller General Chapter 340: 200–0040, 204–0090 and • Fax: (303) 312–6064 (please alert
of the United States. EPA will submit a 242–0440, as effective December 15, the individual listed in the FOR FURTHER
report containing this rule and other 2004. INFORMATION CONTACT if you are faxing
required information to the U.S. Senate, ■ 3. Paragraph (a) of § 52.1973 is revised
comments).
the U.S. House of Representatives, and • Mail: Richard R. Long, Director, Air
to read as follows:
the Comptroller General of the United and Radiation Program, Environmental
§ 52.1973 Approval of plans. Protection Agency (EPA), Region 8,
States prior to publication of the rule in
(a) Carbon monoxide. Mailcode 8P–AR, 999 18th Street, Suite
the Federal Register. A major rule
(1) EPA approves as a revision to the 200, Denver, Colorado 80202–2466.
cannot take effect until 60 days after it • Hand Delivery: Richard R. Long,
is published in the Federal Register. Oregon State Implementation Plan, the
Second Portland Area Carbon Monoxide Director, Air and Radiation Program,
This action is not a ‘‘major rule’’ as Environmental Protection Agency
defined by 5 U.S.C. 804(2). Maintenance Plan, effective December
15, 2004, and submitted to EPA on (EPA), Region 8, Mailcode 8P–AR, 999
Under section 307(b)(1) of the Clean December 27, 2004. 18th Street, Suite 300, Denver, Colorado
Air Act, petitions for judicial review of (2) [Reserved] 80202–2466. Such deliveries are only
this action must be filed in the United accepted Monday through Friday, 8 a.m.
* * * * *
States Court of Appeals for the to 4:55 p.m., excluding Federal
[FR Doc. 06–636 Filed 1–23–06; 8:45 am]
appropriate circuit by March 27, 2006. holidays. Special arrangements should
BILLING CODE 6560–50–P
Filing a petition for reconsideration by be made for deliveries of boxed
the Administrator of this final rule does information.
not affect the finality of this rule for the Instructions: Direct your comments to
ENVIRONMENTAL PROTECTION
purposes of judicial review nor does it Docket ID No. EPA–R08–OAR–2005–
AGENCY
extend the time within which a petition MT–0001. EPA’s policy is that all
for judicial review may be filed, and 40 CFR Part 52 comments received will be included in
the public docket without change and
shall not postpone the effectiveness of
[EPA–R08–OAR–2005–MT–0001, FRL–8012– may be made available online at
such rule or action. This action may not 5] http://www.regulations.gov including
be challenged later in proceedings to
any personal information provided,
enforce its requirements. (See section Approval and Promulgation of Air unless the comment includes
307(b)(2).) Quality Implementation Plans; information claimed to be Confidential
Montana; Revisions to the Business Information (CBI) or other
List of Subjects in 40 CFR Part 52
Administrative Rules of Montana; information whose disclosure is
Direct Final Rule
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Environmental protection, Air restricted by statute. Do not submit


pollution control, Carbon monoxide, AGENCY: Environmental Protection information that you consider to be CBI
Incorporation by reference, Agency (EPA). or otherwise protected through http://
Intergovernmental relations, Reporting www.regulations.gov or e-mail. The
ACTION: Direct final rule.
and recordkeeping requirements. http://www.regulations.gov Web site is

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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3771

an ‘‘anonymous access’’ system, which III. EPA’s Review of the State of Montana’s g. Explain your views as clearly as
means EPA will not know your identity August 25, 2004 Submittal possible, avoiding the use of profanity
or contact information unless you IV. Final Action or personal threats.
provide it in the body of your comment. V. Statutory and Executive Order Reviews h. Make sure to submit your
If you send an e-mail comment directly Definitions comments by the comment period
to EPA, without going through http:// For the purpose of this document, we deadline identified.
www.regulations.gov, your e-mail are giving meaning to certain words or II. Background
address will be automatically captured initials as follows:
and included as part of the comment On August 25, 2004, the Governor
(i) The words or initials Act or CAA
that is placed in the public docket and submitted a SIP revision that contains
mean or refer to the Clean Air Act,
made available on the Internet. If you amendments to the following sections of
unless the context indicates otherwise.
submit an electronic comment, EPA (ii) The words EPA, we, us or our the Administrative Rules of Montana
recommends that you include your mean or refer to the United States (ARM) 17.8.102, 17.8.103, 17.8.106,
name and other contact information in Environmental Protection Agency. 17.8.130, 17.8.316, 17.8.320, 17.8.401,
the body of your comment and with any (iii) The initials SIP mean or refer to 17.8.801, 17.8.819 and 17.8.822. The
disk or CD–ROM you submit. If EPA State Implementation Plan. amendments correct internal references
cannot read your comment due to (iv) The words State or Montana to state documents; correct references
technical difficulties and cannot contact mean the State of Montana, unless the to, or update citations of, federal
you for clarification, EPA may not be context indicates otherwise. documents; and make minor editorial
able to consider your comment. changes. The Board of Environmental
Electronic files should avoid the use of I. General Information Review adopted the amendments on
special characters, any form of A. What Should I Consider as I Prepare March 26, 2004.
encryption, and be free of any defects or My Comments for EPA? On December 22, 2004, the Governor
viruses. For additional information of Montana rescinded the submission of
about EPA’s public docket visit the EPA 1. Submitting CBI. Do not submit this the changes to ARM 17.8.102.
Docket Center homepage at http:// information to EPA through http://
www.regulations.gov or e-mail. Clearly III. EPA’s Review of the State of
www.epa.gov/epahome/dockets.htm. Montana’s August 25, 2004 Submittal
For additional instructions on mark the part or all of the information
submitting comments, go to Section I. that you claim to be CBI. For CBI A. Changes to Sub-Chapter 1—General
General Information of the information in a disk or CD ROM that Provisions
you mail to EPA, mark the outside of the
SUPPLEMENTARY INFORMATION section of 1. Review of changes to ARM
disk or CD ROM as CBI and then
this document. 17.8.102—Incorporation by Reference—
identify electronically within the disk or
Docket: All documents in the docket CD ROM the specific information that is EPA is not acting on these changes since
are listed in the http:// claimed as CBI. In addition to one the Governor rescinded them.
www.regulations.gov index. Although complete version of the comment that 2. Review of changes to ARM
listed in the index, some information is includes information claimed as CBI, a 17.8.103—Incorporation by Reference
not publicly available, e.g., CBI or other copy of the comment that does not and Availability of Referenced
information whose disclosure is contain the information claimed as CBI Documents. The state is correcting a
restricted by statute. Certain other must be submitted for inclusion in the reference to the Montana Source Test
material, such as copyrighted material, public docket. Information so marked Protocol and Procedures Manual (July
will be publicly available only in hard will not be disclosed except in 1994 ed.). We are not acting on these
copy. Publicly available docket accordance with procedures set forth in changes at this time.
materials are available either 40 CFR part 2. 3. Review of changes to ARM
electronically in http:// 2. Tips for Preparing Your Comments. 17.8.106—Source Testing Protocol. The
www.regulations.gov or in hard copy at When submitting comments, remember state is correcting a reference to the
the Air and Radiation Program, to: Montana Source Test Protocol and
Environmental Protection Agency a. Identify the rulemaking by docket Procedures Manual (July 1994 ed.). We
(EPA), Region 8, 999 18th Street, Suite number and other identifying are not acting on these changes at this
300, Denver, Colorado 80202–2466. EPA information (subject heading, Federal time.
requests that if at all possible, you Register date and page number). 4. Review of changes to ARM
contact the individual listed in the FOR b. Follow directions—The agency may 17.8.130—Enforcement Procedures—
FURTHER INFORMATION CONTACT section to ask you to respond to specific questions Notice of Violation Order to Take
view the hard copy of the docket. You or organize comments by referencing a Corrective Action. The state is updating
may view the hard copy of the docket Code of Federal Regulations (CFR) part language and making minor editorial
Monday through Friday, 8 a.m. to 4 or section number. changes necessary to conform to the
p.m., excluding Federal holidays. c. Explain why you agree or disagree; Montana Code Annotated. We are
FOR FURTHER INFORMATION CONTACT: suggest alternatives and substitute approving all of ARM 17.8.130 as in
Laurie Ostrand, Air and Radiation language for your requested changes. effect on April 9, 2004.
Program, Mailcode 8P–AR, d. Describe any assumptions and
B. Changes to Sub-Chapter 3—Emission
Environmental Protection Agency provide any technical information and/
Standards
(EPA), Region 8, 999 18th Street, Suite or data that you used.
200, Denver, Colorado 80202–2466, e. If you estimate potential costs or 1. Review of changes to ARM
(303) 312–6437, ostrand.laurie@epa.gov. burdens, explain how you arrived at 17.8.316—Incinerators. We are not
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your estimate in sufficient detail to acting on the changes to ARM 17.8.316


SUPPLEMENTARY INFORMATION:
allow for it to be reproduced. because of other pending changes to this
Table of Contents f. Provide specific examples to section that we have not acted on yet.
I. General Information illustrate your concerns, and suggest We will address both changes in a
II. Background alternatives. separate action.

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3772 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations

2. Review of changes to ARM Montana. Therefore, section 110(l) substantial direct effect on one or more
17.8.320(9)—Wood-Waste Burners. The requirements are satisfied. Indian tribes, on the relationship
state is correcting internal citations to EPA is publishing this rule without between the Federal Government and
other state regulations. We are prior proposal because the Agency Indian tribes, or on the distribution of
approving ARM 17.8.320(9) as in effect views this as a noncontroversial power and responsibilities between the
on April 9, 2004. amendment and anticipates no adverse Federal Government and Indian tribes,
comments; we are merely approving as specified by Executive Order 13175
C. Changes to Sub-Chapter 4—Stack administrative changes to Montana’s air (65 FR 67249, November 9, 2000). This
Heights and Dispersion Techniques rules. However, in the ‘‘Proposed Rules’’ action also does not have Federalism
1. Review of changes to ARM section of today’s Federal Register implications because it does not have
17.8.401—Definitions. The state is publication, EPA is publishing a substantial direct effects on the States,
making minor clerical changes. We are separate document that will serve as the on the relationship between the national
not acting on these changes at this time proposal to approve the SIP revision if government and the States, or on the
for the same reasons stated on our adverse comments are filed. This rule distribution of power and
August 13, 2001 action (66 FR 42427 at will be effective March 27, 2006 without responsibilities among the various
42434). further notice unless the Agency levels of government, as specified in
receives adverse comments by February Executive Order 13132 (64 FR 43255,
D. Changes to Sub-Chapter 8— 23, 2006. If the EPA receives adverse August 10, 1999). This action merely
Prevention of Significant Deterioration comments, EPA will publish a timely approves a state rule implementing a
of Air Quality withdrawal in the Federal Register Federal standard, and does not alter the
1. Review of changes to ARM informing the public that the rule will relationship or the distribution of power
17.8.801—Definitions. The state is not take effect. EPA will address all and responsibilities established in the
making minor clerical changes to how public comments in a subsequent final Clean Air Act. This rule also is not
federal documents are cited in the rule based on the proposed rule. The subject to Executive Order 13045
definitions. We are approving the EPA will not institute a second ‘‘Protection of Children from
revisions to ARM 17.8.801(22) as in comment period on this action. Any Environmental Health Risks and Safety
effect on April 9, 2004. parties interested in commenting must Risks’’ (62 FR 19885, April 23, 1997),
2. Review of changes to ARM do so at this time. Please note that if because it is not economically
17.8.819—Control Technology Review. EPA receives adverse comment on an significant.
The state is making minor clerical amendment, paragraph, or section of In reviewing SIP submissions, EPA’s
changes to how federal documents are this rule and if that provision may be role is to approve state choices,
cited. We are approving all of ARM severed from the remainder of the rule, provided that they meet the criteria of
17.8.819 as in effect on April 9, 2004. EPA may adopt as final those provisions the Clean Air Act. In this context, in the
3. Review of changes to ARM of the rule that are not the subject of an absence of a prior existing requirement
17.8.822—Air Quality Analysis. The adverse comment. for the State to use voluntary consensus
state is correcting internal citations to standards (VCS), EPA has no authority
other state regulations and making other V. Statutory and Executive Order
to disapprove a SIP submission for
Reviews
minor clerical changes. We are failure to use VCS. It would thus be
approving all of ARM 17.8.822 as in Under Executive Order 12866 (58 FR inconsistent with applicable law for
effect on April 9, 2004. 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission,
not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission
IV. Final Action therefore is not subject to review by the that otherwise satisfies the provisions of
EPA is approving the following Office of Management and Budget. For the Clean Air Act. Thus, the
changes to the ARM that were submitted this reason, this action is also not requirements of section 12(d) of the
on August 25, 2004 and effective on subject to Executive Order 13211, National Technology Transfer and
April 9, 2004: ARM 17.8.130; ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C.
17.8.320(9); 17.8.801(22); 17.8.819; and Significantly Affect Energy Supply, 272 note) do not apply. This rule does
17.8.822. Distribution, or Use’’ (66 FR 28355, May not impose an information collection
EPA is not acting on the following 22, 2001). This action merely approves burden under the provisions of the
changes to the ARM that were submitted state law as meeting Federal Paperwork Reduction Act of 1995 (44
on August 25, 2004 and effective on requirements and imposes no additional U.S.C. 3501 et seq.).
April 9, 2004: ARM 17.8.103, 17.8.106, requirements beyond those imposed by The Congressional Review Act, 5
17.8.316 and 17.8.401. These revisions state law. Accordingly, the U.S.C. 801 et seq., as added by the Small
will be addressed in separate actions. Administrator certifies that this rule Business Regulatory Enforcement
Section 110(l) of the Clean Air Act will not have a significant economic Fairness Act of 1996, generally provides
states that a SIP revision cannot be impact on a substantial number of small that before a rule may take effect, the
approved if the revision would interfere entities under the Regulatory Flexibility agency promulgating the rule must
with any applicable requirement Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a
concerning attainment and reasonable rule approves pre-existing requirements copy of the rule, to each House of the
further progress towards attainment of under state law and does not impose Congress and to the Comptroller General
the NAAQS or any other applicable any additional enforceable duty beyond of the United States. EPA will submit a
requirements of the Act. The Montana that required by state law, it does not report containing this rule and other
SIP revisions that are the subject of this contain any unfunded mandate or required information to the U.S. Senate,
document do not interfere with the significantly or uniquely affect small the U.S. House of Representatives, and
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maintenance of the NAAQS or any other governments, as described in the the Comptroller General of the United
applicable requirement of the Act. The Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in
August 25, 2004 submittal merely makes (Pub. L. 104–4). the Federal Register. A major rule
administrative amendments to the This rule also does not have tribal cannot take effect until 60 days after it
State’s Administrative Rules of implications because it will not have a is published in the Federal Register.

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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations 3773

This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION Mailcode 8P–AR, 999 18th Street, Suite
defined by 5 U.S.C. 804(2). AGENCY 200, Denver, Colorado 80202–2466.
Under section 307(b)(1) of the Clean • Hand Delivery: Richard R. Long,
Air Act, petitions for judicial review of 40 CFR Part 52 Director, Air and Radiation Program,
Environmental Protection Agency
this action must be filed in the United [EPA–R08–OAR–2005–CO–0002; FRL– (EPA), Region 8, Mailcode 8P–AR, 999
States Court of Appeals for the 8010–2] 18th Street, Suite 200, Denver, Colorado
appropriate circuit by March 27, 2006.
Clean Air Act Approval and 80202–2466. Such deliveries are only
Filing a petition for reconsideration by
Promulgation of Air Quality accepted Monday through Friday, 8 a.m.
the Administrator of this final rule does to 4:55 p.m., excluding Federal
not affect the finality of this rule for the Implementation Plan Revision for
Colorado; Long-Term Strategy of State holidays. Special arrangements should
purposes of judicial review nor does it be made for deliveries of boxed
extend the time within which a petition Implementation Plan for Class I
information.
for judicial review may be filed, and Visibility Protection
Instructions: Direct your comments to
shall not postpone the effectiveness of AGENCY: Environmental Protection Docket ID No. R08–OAR–2005–CO–
such rule or action. This action may not Agency (EPA). 0002. EPA’s policy is that all comments
be challenged later in proceedings to received will be included in the public
ACTION: Direct final rule.
enforce its requirements. (See section docket without change and may be
307(b)(2).) SUMMARY: EPA is taking direct final made available at http://docket.epa.gov/
List of Subjects in 40 CFR Part 52 action approving a State rmepub/index.jsp, including any
Implementation Plan (SIP) revision personal information provided, unless
Environmental protection, Air submitted by the Governor of Colorado the comment includes information
pollution control, Carbon monoxide, with a letter dated March 24, 2005. This claimed to be Confidential Business
Incorporation by reference, revision updates the Long-Term Strategy Information (CBI) or other information
Intergovernmental relations, Lead, of the Visibility SIP to establish whose disclosure is restricted by statute.
Nitrogen dioxide, Ozone, Particulate strategies, activities, and monitoring Do not submit information that you
matter, Reporting and recordkeeping plans that constitute reasonable progress consider to be CBI or otherwise
requirements, Sulfur oxides, Volatile toward the National visibility goal. This protected through EDOCKET,
organic compounds. action is being taken under section 110 regulations.gov, or e-mail. The EPA’s
of the Clean Air Act. Regional Materials in EDOCKET and
Dated: December 7, 2005. Federal regulations.gov Web site are
DATES: This rule is effective on March
Kerrigan G. Clough, ‘‘anonymous access’’ systems, which
27, 2006 without further notice, unless
Acting Regional Administrator, Region 8. means EPA will not know your identity
EPA receives adverse comment by
or contact information unless you
■ 40 CFR part 52 is amended to read as February 23, 2006. If adverse comment
provide it in the body of your comment.
follows: is received, EPA will publish a timely
If you send an e-mail comment directly
withdrawal of the direct final rule in the
to EPA, without going through
PART 52—[AMENDED] Federal Register informing the public
EDOCKET or regulations.gov, your e-
that the rule will not take effect.
mail address will be automatically
■ 1. The authority citation for part 52 ADDRESSES: Submit your comments, captured and included as part of the
continues to read as follows: identified by Docket ID No. R08–OAR– comment that is placed in the public
Authority: 42 U.S.C. 7401 et seq. 2005–CO–0002, by one of the following docket and made available on the
methods: Internet. If you submit an electronic
Subpart BB—Montana • Federal eRulemaking Portal: http:// comment, EPA recommends that you
www.regulations.gov. Follow the on-line include your name and other contact
■ 2. Section 52.1370 is amended by instructions for submitting comments. information in the body of your
adding paragraph (c)(62) to read as • Agency Web site: http:// comment and with any disk or CD–ROM
follows: docket.epa.gov/rmepub/. On November you submit. If EPA cannot read your
28, 2005, Regional Material in comment due to technical difficulties
§ 52.1370 Identification of plan. EDOCKET (RME), EPA’s electronic and cannot contact you for clarification,
* * * * * public docket and comment system, was EPA may not be able to consider your
replaced by an enhanced Federal-wide comment. Electronic files should avoid
(c) * * *
electronic docket management and the use of special characters, any form
(62) Revisions to State comment system located at http:// of encryption, and be free of any defects
Implementation Plan were submitted by www.regulations.gov. Therefore, you or viruses. For additional information
the State of Montana on August 25, will be redirected to that site to access about EPA’s public docket visit
2004. The revisions correct internal the docket EPA–R08–OAR–2005–CO– EDOCKET online or see the Federal
references to state documents; correct 0002 and submit comments. Follow the Register of May 31, 2002 (67 FR 38102).
references to, or update citations of, on-line instructions for submitting For additional instructions on
Federal documents; and make minor comments. submitting comments, go to section I.
editorial changes. • E-mail: long.richard@epa.gov and General Information of the
(i) Incorporation by reference. platt.amy@epa.gov. SUPPLEMENTARY INFORMATION section of
(A) Administrative Rules of Montana • Fax: (303) 312–6064 (please alert this document.
(ARM) sections: ARM 17.8.130; the individual listed in the FOR FURTHER Docket: All documents in the docket
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INFORMATION CONTACT if you are faxing are listed in the Regional Materials in
17.8.320(9); 17.8.801(22); 17.8.819; and
17.8.822, effective April 9, 2004. comments). EDOCKET index at http://
• Mail: Richard R. Long, Director, Air docket.epa.gov/rmepub/index.jsp.
[FR Doc. 06–633 Filed 1–23–06; 8:45 am] and Radiation Program, Environmental Although listed in the index, some
BILLING CODE 6560–50–P Protection Agency (EPA), Region 8, information is not publicly available,

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