Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2018-01-17.xml --- 83 11 Wednesday, January 17, 2018 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Meeting of the National Organic Standards Board, 2373 2017-28170 National Organic Program: National List of Allowed and Prohibited Substances (Crops, Livestock and Handling), 2498-2524 2017-28172 NOTICES United States Standards for Grades of Pork Carcasses, 2422 2018-00627 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Specimen Submission, 2423-2424 2018-00694 List of Regions Affected by Highly Pathogenic Avian Influenza: Addition of the Philippines, 2422-2423 2018-00696 Army Army Department NOTICES Surplus Properties, 2430 2018-00668 Centers Disease Centers for Disease Control and Prevention NOTICES Draft—National Occupational Research Agenda for Agriculture, Forestry and Fishing, 2448 2018-00647 Meetings: Law Enforcement Officer Motor Vehicle Crash and Struck-by Fatality Investigations, 2445-2447 2018-00649 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2448-2449 2018-00632 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Lower Mississippi River, New Orleans, LA, 2394-2396 2018-00652 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Consumer Product Consumer Product Safety Commission PROPOSED RULES Clothing Storage Unit Tip Overs;

Extension of Comment Period, 2382 2018-00552 Copyright Office Copyright Office, Library of Congress RULES Simplifying Deposit Requirements for Certain Literary Works and Musical Compositions, 2371-2372 2018-00701 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Package for the AmeriCorps Alumni Outcome Survey, 2429-2430 2018-00682 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2438-2439 2018-00702 Arms Sales, 2430-2438 2018-00667 2018-00670 2018-00681 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fast Response Survey System 109: Teachers' Use of Technology for School and Homework Assignments—Preliminary Activities, 2439-2440 2018-00638 Impact Study of Federally-Funded Magnet Schools, 2440 2018-00655 Election Election Assistance Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2018 Election Administration and Voting Survey, 2440-2442 2018-00697 Energy Department Energy Department See Federal Energy Regulatory Commission Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Aerospace Welding Minneapolis, Inc., Mufflers, 2354-2357 2018-00479 Bell Helicopter Textron Helicopters, 2358-2360 2018-00660 Fokker Services B.V. Airplanes, 2364-2366 2018-00656 The Enstrom Helicopter Corporation Helicopters, 2366-2369 2018-00659 Various Restricted Category Helicopters, 2361-2364 2018-00658 PROPOSED RULES Airworthiness Directives:

Bombardier, Inc., Airplanes, 2373-2375 2018-00664 The Boeing Company Airplanes, 2375-2382 2018-00109 2018-00662 Federal Communications Federal Communications Commission PROPOSED RULES Promoting Telehealth in Rural America; Correction, 2412 2018-00451 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: Bank of Wyoming, Thermopolis, WY, 2444 2018-00641 Citizens Bank of Effingham, Springfield, GA, 2444-2445 2018-00640 Evergreen Bank, Seattle, WA, 2444 2018-00639 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings;

Sunshine Act, 2442-2444 2018-00740 Federal Maritime Federal Maritime Commission NOTICES Petitions for Rulemaking: Coalition for Fair Port Practices, 2445 2018-00624 Fish Fish and Wildlife Service NOTICES Marine Mammal Protection Act: Stock Assessment Report for the Northern Sea Otter in Washington, 2461-2462 2018-00672 Food and Drug Food and Drug Administration PROPOSED RULES Food Labeling: Health Claims; Soy Protein and Coronary Heart Disease, 2393-2394 2018-00683 Internal Agency Review of Decisions;

Requests for Supervisory Review of Certain Decisions Made by Center for Devices and Radiological Health, 2388-2393 2018-00646 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Use of Public Human Genetic Variant Databases To Support Clinical Validity for Genetic and Genomic-Based In Vitro Diagnostics, 2451-2452 2018-00685 Veterinary Feed Directive, 2456-2459 2018-00676 Determinations of Regulatory Review Periods for Purposes of Patent Extensions:

AVYCAZ, 2449-2451 2018-00678 AXUMIN, 2459-2461 2018-00684 DAKLINZA, 2454-2455 2018-00675 SYNERGY EVEROLIMUS-ELUTING PLATINUM CHROMIUM CORONARY STENT SYSTEM, 2452-2453 2018-00679 Withdrawal of Approval of 22 Abbreviated New Drug Applications: Delcor Asset Corp. et al., 2455-2456 2018-00695 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 2464 2018-00787 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Expansions; Applications: Hyster-Yale Group, Inc.;

Foreign-Trade Zone 98; Birmingham, AL, 2424 2018-00699 Lam Research Corp.; Foreign-Trade Zone 18; San Jose, CA, 2424 2018-00680 Government Ethics Government Ethics Office RULES Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations, 2329-2331 2018-00688 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming:

Approval of an Amendment to a Tribal-State Class III Gaming Compact in the State of Washington, 2462-2463 2018-00637 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Documenting, Managing and Preserving Department of the Interior Museum Collections Housed in Non-Federal Repositories, 2463-2464 2018-00669 International Trade Adm International Trade Administration NOTICES Meetings:

Environmental Technologies Trade Advisory Committee, 2424-2425 2018-00643 Justice Department Justice Department See Foreign Claims Settlement Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preliminary Background Check Form, 2464-2465 2018-00654 Labor Department Labor Department See Occupational Safety and Health Administration Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Intents To Grant Partially Exclusive Term Licenses, 2469-2470 2018-00661 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Commerce Trusted Trader Program, 2412-2421 2018-00653 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2427-2429 2018-00690 2018-00691 2018-00692 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Gulf of Mexico State Management Program Amendment for Recreational Red Snapper, 2425-2427 2018-00666 Whaling Provisions: Aboriginal Subsistence Whaling Quotas, 2427-2428 2018-00677 National Park National Park Service NOTICES Charter Renewals: National Park System Advisory Board, 2464 2018-00633 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:

Tennessee Broadband Summit Conference, 2429 2018-00689 Nuclear Regulatory Nuclear Regulatory Commission RULES Approval of American Society of Mechanical Engineers' Code Cases, 2331-2354 2018-00112 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coke Oven Emissions Standard, 2465-2466 2018-00704 Electrical Standards for Construction and General Industry, 2468-2469 2018-00703 Slings, 2466-2468 2018-00705 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 2369-2371 2018-00625 NOTICES Applications:

The Guardian Insurance and Annuity Company, Inc., et al., 2476-2480 2018-00626 Meetings; Sunshine Act, 2470-2471 2018-00738 2018-00739 Orders: Public Company Accounting Oversight Board Budget and Annual Accounting Support Fee for Calendar Year 2018, 2470-2471 2018-00642 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 2480 2018-00645 Financial Industry Regulatory Authority, Inc., 2480-2482 2018-00635 The Nasdaq Stock Market, LLC, 2471-2476 2018-00634 2018-00636 State Department State Department NOTICES Biennial Review Under the United States-Singapore Memorandum of Intent on Environmental Cooperation, 2483 2018-00700 Change of Ownership of Permit Holder of Presidential Permit:

Express Pipeline Facilities on the Border of the United States and Canada, 2482 2018-00648 Culturally Significant Objects Imported for Exhibition: Adrian Piper: A Synthesis of Intuitions 1965-2016, 2482-2483 2018-00644 Tennessee Tennessee Valley Authority PROPOSED RULES Floating Cabin Regulation, 2382-2387 2018-00323 Transportation Department Transportation Department See Federal Aviation Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Office of Small and Disadvantaged Business Utilization Mentor Protege Program, 2483-2492 2018-00673 Treasury Treasury Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2492-2493 2018-00674 Veteran Affairs Veterans Affairs Department PROPOSED RULES Civilian Health and Medical Program, 2396-2412 2018-00332 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Healthcare Experiences of Patients, 2494-2495 2018-00651 Meetings:

Health Services Research and Development Service, Scientific Merit Review Board, 2493-2494 2018-00650 Separate Parts In This Issue Part II Agriculture Department, Agricultural Marketing Service, 2498-2524 2017-28172 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 11 Wednesday, January 17, 2018 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2636 RIN 3209-AA38 Civil Monetary Penalties Inflation Adjustments for Ethics in Government Act Violations AGENCY:

Office of Government Ethics. ACTION: Final rule. SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the U.S. Office of Government Ethics

(OGE)is issuing this final rule to make the 2018 annual adjustments to the Ethics in Government Act civil monetary penalties. DATES: *Effective date:* This final rule is effective January 17, 2018. *Applicability date:* This final rule is applicable January 15, 2018. FOR FURTHER INFORMATION CONTACT: Kimberly L. Sikora Panza, Associate Counsel, General Counsel and Legal Policy Division, Office of Government Ethics, Telephone: 202-482-9300; TTY: 800-877-8339; FAX: 202-482-9237. SUPPLEMENTARY INFORMATION: I. Background In November 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (the 2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410). The 2015 Act required Federal agencies to make inflationary adjustments to the civil monetary penalties

(CMPs)within their jurisdiction with an initial “catch-up” adjustment through an interim final rule effective no later than August 1, 2016, and further mandates that Federal agencies make subsequent annual inflationary adjustments of their CMPs, to be effective no later than January 15 of each year. The Ethics in Government Act of 1978 as amended, 5 U.S.C. appendix (the Ethics Act) provides for five CMPs. 1 Specifically, the Ethics Act provides for penalties that can be assessed by an appropriate United States district court, based upon a civil action brought by the Department of Justice, for the following five types of violations: 1 OGE has previously determined, after consultation with the Department of Justice, that the $200 late filing fee for public financial disclosure reports that are more than 30 days overdue (see section 104(d) of the Ethics Act, 5 U.S.C. appendix, 104(d), and 5 CFR 2634.704 of OGE's regulations thereunder) is not a CMP as defined under the Federal Civil Penalties Inflation Adjustment Act, as amended. Therefore, that fee is not being adjusted in this rulemaking (nor was it adjusted by OGE in previous CMP rulemakings), and will remain at its current amount of $200.

(1)Knowing and willful failure to file, report required information on, or falsification of a public financial disclosure report, 5 U.S.C. appendix 104(a), 5 CFR 2634.701(b);

(2)knowing and willful breach of a qualified trust by trustees and interested parties, 5 U.S.C. appendix 102(f)(6)(C)(i), 5 CFR 2634.702(a);

(3)negligent breach of a qualified trust by trustees and interested parties, 5 U.S.C. appendix 102(f)(6)(C)(ii), 5 CFR 2634.702(b);

(4)misuse of a public report, 5 U.S.C. appendix 105(c)(2), 5 CFR 2634.703; and

(5)violation of outside employment/activities provisions, 5 U.S.C. appendix 504(a), 5 CFR 2636.104(a). In compliance with the 2015 Act and guidance issued by the Office of Management and Budget (OMB), on June 28, 2016, the U.S. Office of Government Ethics

(OGE)published in the **Federal Register** an interim final rule, 81 FR 41787 (June 28, 2016), that made the “catch up” inflationary adjustments to the five Ethics Act CMPs. On January 24, 2017, OGE published in the **Federal Register** a rule adopting as final that interim regulation, and also making the 2017 annual inflationary adjustments to the Ethics Act CMPs. See 82 FR 8131 (Jan. 24, 2017). This rulemaking effectuates the 2018 annual inflationary adjustments to the Ethics Act CMPs. In accordance with the 2015 Act, these adjustments are based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October preceding the date of the adjustment, and the prior year's October CPI-U. Pursuant to OMB guidance, the cost-of-living adjustment multiplier for 2018, based on the CPI-U for October 2017, not seasonally adjusted, is 1.02041. To calculate the 2018 annual adjustment, agencies must multiply the most recent penalty by the 1.02041 multiplier, and round to the nearest dollar. Applying the formula established by the 2015 Act and OMB guidance, OGE is amending the Ethics Act CMPs through this rulemaking to:

(1)Increase the three penalties reflected in 5 CFR 2634.702(a), 5 CFR 2634.703, and 5 CFR 2636.104(a)—which were previously adjusted to a maximum of $19,246—to a maximum of $19,639;

(2)Increase the penalty reflected in 5 CFR 2634.702(b)—which was previously adjusted to a maximum of $9,623—to a maximum of $9,819; and

(3)Increase the penalty reflected in 5 CFR 2634.701(b)—which was previously adjusted to a maximum of $57,847—to a maximum of $59,028. These adjusted penalty amounts will apply to penalties assessed after January 15, 2018 (the applicability date of this final rule) whose associated violations occurred after November 2, 2015. OGE will continue to make future annual inflationary adjustments to the Ethics Act CMPs in accordance with the statutory formula set forth in the 2015 Act and OMB guidance. II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), as Acting Director of the Office of Government Ethics, I find that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because these amendments, which concern matters of agency organization, procedure and practice, are being adopted in accordance with statutorily mandated inflation adjustment procedures of the 2015 Act, which specifies that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act. It is also in the public interest that the adjusted rates for civil monetary penalties under the Ethics in Government Act become effective as soon as possible in order to maintain their deterrent effect. Regulatory Flexibility Act As the Acting Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects current Federal executive branch employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain information collection requirements that require approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 5, subchapter II), this rule would not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Executive Order 13563 and Executive Order 12866 Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select the regulatory approaches that maximize net benefits (including economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget has determined that rulemakings such as this implementing annual inflationary adjustments under the 2015 Act are not significant regulatory actions under Executive Order 12866. Executive Order 12988 As Acting Director of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Government employees, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2636 Conflict of interests, Government employees, Penalties. Dated: January 11, 2018. David J. Apol, Acting Director, U.S. Office of Government Ethics. For the reasons set forth in the preamble, the U.S. Office of Government Ethics is amending 5 CFR parts 2634 and 2636 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996) and Sec. 701, Pub. L. 114-74 (Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. 2. Section 2634.701 is amended by revising paragraph

(b)to read as follows: § 2634.701 Failure to file or falsifying reports.

(b)*Civil action.* The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file or report any information required by filers of public reports under subpart B of this part. The court in which the action is brought may assess against the individual a civil monetary penalty in any amount, not to exceed the amounts set forth below, as provided by section 104(a) of the Act, as amended, and as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended: Date of violation Penalty Violation occurring between Sept. 14, 2007 and Nov. 2, 2015 $50,000 Violation occurring after Nov. 2, 2015 59,028 3. Section 2634.702 is revised to read as follows: § 2634.702 Breaches by trust fiduciaries and interested parties.

(a)The Attorney General may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully violates the provisions of § 2634.408(d)(1) or (e)(1). The court in which the action is brought may assess against the individual a civil monetary penalty in any amount, not to exceed the amounts set forth below, as provided by section 102(f)(6)(C)(i) of the Act and as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended: Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 19,639

(b)The Attorney General may bring a civil action in any appropriate United States district court against any individual who negligently violates the provisions of § 2634.408(d)(1) or (e)(1). The court in which the action is brought may assess against the individual a civil monetary penalty in any amount, not to exceed the amounts set forth below, as provided by section 102(f)(6)(C)(ii) of the Act and as adjusted in accordance with the inflation adjustment procedures of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended: Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $5,500 Violation occurring after Nov. 2, 2015 9,819 4. Section 2634.703 is revised to read as follows: § 2634.703 Misuse of public reports.

(a)The Attorney General may bring a civil action against any person who obtains or uses a report filed under this part for any purpose prohibited by section 105(c)(1) of the Act, as incorporated in § 2634.603(f). The court in which the action is brought may assess against the person a civil monetary penalty in any amount, not to exceed the amounts set forth below, as provided by section 105(c)(2) of the Act and as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended: Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 19,639

(b)This remedy shall be in addition to any other remedy available under statutory or common law. PART 2636—LIMITATIONS ON OUTSIDE EARNED INCOME, EMPLOYMENT AND AFFILIATIONS FOR CERTAIN NONCAREER EMPLOYEES 5. The authority citation for part 2636 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996) and Sec. 701, Pub. L. 114-74 (Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. 6. Section 2636.104 is amended by revising paragraph

(a)to read as follows: § 2636.104 Civil, disciplinary and other action.

(a)*Civil action.* Except when the employee engages in conduct in good faith reliance upon an advisory opinion issued under § 2636.103, an employee who engages in any conduct in violation of the prohibitions, limitations and restrictions contained in this part may be subject to civil action under 5 U.S.C. app. 504(a) and a civil monetary penalty of not more than the amounts set forth below, as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, or the amount of the compensation the individual received for the prohibited conduct, whichever is greater. Date of violation Penalty Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 $11,000 Violation occurring after Nov. 2, 2015 19,639 [FR Doc. 2018-00688 Filed 1-16-18; 8:45 am]

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