[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Proposed Rules]
[Pages 64016-64020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30092]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97-AWA-2]
RIN 2120-AA66


Proposed Modification of the Tampa Class B Airspace Area; FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Tampa, FL, Class B airspace 
area. Specifically, this action proposes to rename two existing 
subareas, reconfigure the boundaries of three subareas, and create an 
additional subarea within the Tampa Class B airspace area. The FAA is 
proposing this action to efficiently align the Tampa Class B airspace 
area as a result of a reduction in flying operations at MacDill Air 
Force Base (AFB), to enhance safety, and to manage aircraft operations 
in the Tampa, FL, terminal area.

DATES: Comments must be received on or before January 19, 1999.

ADDRESSES: Send comments on the proposal in triplicate to the Federal 
Aviation Administration, Office of Chief Counsel, Attention: Rules 
Docket, AGC-200, Airspace Docket No. 97-AWA-2, 800 Independence Avenue, 
SW; Washington, DC 20591. Comments may also be sent electronically to 
the following Internet address: [email protected]. The official 
docket may be examined in the Rules Docket, Office of the Chief 
Counsel, Room 916, 800 Independence Avenue, SW., Washington, DC, 
weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m. An 
informal docket may also be examined during normal business hours at 
the office of the Regional Air Traffic Division.

FOR FURTHER INFORMATION CONTACT:
Paul Gallant, Airspace and Rules Division, ATA-400, Office of Air 
Traffic Airspace Management, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 97-
AWA-2.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or before the specified 
closing date for comments will be considered before taking action on 
the proposed rule. The proposal contained in this notice may be changed 
in light of comments received. All comments submitted will be avaiable 
for examination in the Rules Docket both before and after the closing 
date for comments. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will also be filed in 
the docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339) or the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's webpage at http://www.access.gpo.gov/nara/
index.html for access to recently published rulemaking documents.
    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Air Traffic Airspace 
Management, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-8783. Communications must identify the notice number 
of this NPRM. Persons interested in being placed on a mailing list for 
future NPRM's should call the FAA's Office of Rulemaking, (202) 267-
9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, that describes the application 
procedure.

Related Rulemaking Actions

    On May 21, 1970, the FAA published the Designation of Federal 
Airways, Controlled Airspace, and Reporting Points Final Rule (35 FR 
7782). This rule provided for the establishment of Terminal Control 
Airspace (TCA) areas (now known as Class B airspace areas).
    The TCA area program was developed to reduce the potential for 
midair collision in the congested airspace surrounding airports with 
high density air traffic by providing an area wherein all aircraft are 
subject to certain operating rules and equipment requirements.
    The density of traffic and the type of operations being conducted 
in the airspace surrounding major terminals increases the probability 
of midair collisions. In 1970, an extensive study found that the 
majority of midair collisions occurred between a general aviation (GA) 
aircraft and an air carrier or military aircraft, or another GA 
aircraft. The basic causal factor common to these conflicts was the mix 
of aircraft operating under visual flight rules (VFR) and aircraft 
operating under instrument flight rules (IFR). Class B airspace areas 
provide a method to accommodate the increasing number of IFR and VFR 
operations. The regulatory requirements of these airspace areas afford 
the greatest protection for the greatest number of people by giving air 
traffic control increased capability to provide aircraft separation 
service, thereby minimizing the mix of controlled and uncontrolled 
aircraft.
    The standard configuration of these airspace areas contains three 
concentric circles centered on the primary airport extending to 10, 20, 
and 30 nautical miles (NM), respectively. The standard vertical limit 
of these airspace areas normally should not exceed 10,000 feet mean 
seal level (MSL), with the floor established at the surface in the 
inner area and at levels appropriate to the containment of operations 
in the outer areas. Variations of these criteria may be utilized 
contingent on the terrain, adjacent regulatory airspace, and factors 
unique to the terminal area.
    On June 21, 1988, the FAA published the Transponder With Automatic 
Altitude Reporting Capability Requirement Final Rule (53 FR 23356). 
This rule requires all aircraft to have an altitude encoding 
transponder when

[[Page 64017]]

operating within 30 NM of any designated TCA (now known as Class B 
airspace areas) primary airport from the surface up to 10,000 feet MSL. 
This rule excluded those aircraft that were not originally certificated 
with an engine-driven electrical system (or those that have not 
subsequently been certified with such a system), balloons, or gliders.
    On October 14, 1988, the FAA published the Terminal Control Area 
Classification and Terminal Control Area Pilot and Navigation Equipment 
Requirements Final Rule (53 FR 40318). This rule, in part, requires the 
pilot-in-command of a civil aircraft operating within a Class B 
airspace area to hold at least a private pilot certificate, except for 
a student pilot who has received certain documented training.
    On December 17, 1991, the FAA published the Airspace 
Reclassification Final Rule (56 FR 65638). This rule discontinued the 
use of the term ``Terminal Control Area'' and replaced it with the 
designation ``Class B airspace area.'' This change in terminology is 
reflected in the remainder of the NPRM.

Background

    In April 1991, the Defense Base Realignment and Closure Commission 
recommended the termination of all flight operations at MacDill AFB 
(situated within the Tampa Class B airspace area) by September 1993. 
However, in 1995, the Commission amended its findings and recommended 
that the base continue to have an active flying mission. As a result of 
the 1995 change, an Air Force unit consisting of 12 KC-135 aircraft was 
transferred to MacDill AFB. Notwithstanding the return of an active Air 
Force flying mission and the basing of National Oceanic and Atmospheric 
Administration aircraft, the level of aircraft operations at MacDill 
AFB remains significantly lower than the level existing previously. 
Based on the reduction in the number of operations at MacDill AFB and 
the FAA's periodic review of Class B airspace areas, in 1992, an ad hoc 
committee, consisting of representatives from local user groups, was 
formed to develop recommendations for modifying the Tampa Class B 
airspace area.

Pre-NPRM Public Input

    As announced in the Federal Register on January 4, 1993 (58 FR 
120), two pre-NPRM informal airspace meetings were held on February 16 
and 17, 1993, in Tampa and St. Petersburg, FL, to allow local 
interested airspace users an opportunity to present input on the design 
of the proposed alteration of the Tampa Class B airspace area. The 
response to the proposed Class B airspace area modification from all 
participants was favorable. One written comment was received during the 
60-day comment period, which supported the proposal. Except for the 
addition of a new subarea C in the vicinity of MacDill AFB, there have 
been no changes to the proposal since the informal airspace meetings 
were held in 1993.

Other Public Meetings

    Due to the fact that this informal airspace meeting was held in 
1993, the FAA will be conducting further meetings on this proposal. The 
dates and times of these proposed meetings will be announced in the 
Federal Register.
    The coordinates for this airspace docket area based on North 
American Datum 83. Class B airspace areas are published in paragraph 
3000 of FAA Order 7400.9F, dated September 10, 1998, and effective 
September 16, 1998, which is incorporated by reference in 14 CFR 
section 71.1. The Class B airspace area listed in this document would 
be published subsequently in the Order.

The Proposal

    The FAA proposes to amend 14 CFR part 71 by modifying the Tampa, 
FL, Class B airspace area. Specifically, this action (depicted on the 
attached chart) proposes to amend one point in the legal description of 
Area A; reduce the size of Area B; establish a new Area C in the 
vicinity of MacDill AFB; realign the boundaries and rename the current 
Area C as Area D; and realign the boundaries and rename the current 
Area D as Area E. These modifications would provide additional airspace 
for nonparticipating aircraft operating below the floor of the Tampa 
Class B airspace area, and enhance the flow of air traffic in the Tampa 
terminal area.
    Area A would be unchanged except for amending the coordinates of 
the Tampa airport surveillance radar (ASR) to reflect the position of 
the new ASR-9 radar installed at Tampa.
    Area B, which encompasses that Class B airspace extending upward 
from 1,200 feet MSL to and including 10,000 feet MSL, would be reduced 
in size. The modified Area B would be bounded by Interstate 75 (I-75) 
on the east, a new subarea C (with a floor of 1,700 feet MSL) in the 
vicinity of MacDill AFB to the south, and by the Tampa 10 NM arc. The 
remaining section of the current Area B (i.e., that portion located to 
the south of MacDill AFB, east of Albert Whitted Airport, and southward 
to the 10 NM arc of the Sarasota-Bradenton Class C airspace area), 
would be removed from Area B and incorporated into the modified Area D 
and the modified Area E. This proposed change would raise the floor of 
Class B airspace in the realigned segment from the current 1,200 feet 
MSL. The floor of Class B airspace was originally set at 1,200 feet MSL 
in that area to accommodate the extensive high performance, low 
altitude jet traffic transiting between MacDill AFB and the offshore 
training areas. With the termination of the fighter training mission at 
MacDill AFB, there is no longer a requirement to retain Class B 
airspace below 3,000 feet MSL over that portion of Tampa Bay extending 
from MacDill AFB southward to the 10 NM arc of the Sarasota-Bradenton 
Class C airspace area, as exists in the current configuration. The 
proposed higher floor of the Class B airspace area would result in more 
efficient use of the airspace and provide additional altitudes for use 
by GA aircraft transitioning over Tampa Bay between the Orlando/
Lakeland area, and Albert Whitted and St. Petersburg-Clearwater 
Airports. Further, this change would reduce the amount of air traffic 
transitioning over Tampa International Airport and lessen air traffic 
congestion around the St. Petersburg Very High Frequency 
Omnidirectional Range/Tactical Air Navigation station.
    The FAA proposes to create a new Area C, extending upward from 
1,700 feet MSL to and including 10,000 feet MSL, in the vicinity of 
MacDill AFB. The new Area C would allow for nonparticipating aircraft 
operations in the MacDill AFB traffic pattern, below the floor of the 
Tampa Class B airspace area.
    The current Area C, consisting of that airspace extending upward 
from 3,000 feet MSL to and including 10,000 feet MSL, would be renamed 
Area D. As described above, the modified Area D would absorb most of 
the airspace over Tampa Bay to the south of MacDill AFB that is 
currently part of Area B. This action would raise the floor of the 
Class B airspace in that area from 1,200 feet MSL to 3,000 feet MSL.
    The current Area D, consisting of that airspace extending upward 
from 6,000 feet MSL to and including 10,000 feet MSL, would be renamed 
Area E. The modified Area E would generally retain the same lateral 
dimensions of the current Area D, except that the segment of the 
existing boundary line, which runs northward from Anna Maria Island to 
lat. 27 deg.40'42''N., long. 82 deg.44'21''W., would be moved to the 
east and realigned along the Skyway Bridge/I-275. As described above, 
this

[[Page 64018]]

modification would merge a portion of the current Area B airspace into 
the renamed Area E. The effect of this modification would be to raise 
the floor of the Class B airspace between Skyway Bridge and Anna Maria 
Island from the current 1,200 feet MSL, to 6,000 feet MSL. This change 
would benefit aircraft navigating along the coastline and transiting 
that airspace located between Egmont Key and the Skyway Bridge. Class B 
airspace clearance would no longer be required for aircraft operating 
below 6,000 feet MSL in that area. This proposal to modify the Tampa 
Class B airspace area would enhance safety and improve the flow of air 
traffic in the Tampa Class B airspace area. Further, the proposal would 
benefit nonparticipating VFR operations by providing higher altitudes 
for use by aircraft transitioning over Tampa Bay.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act requires agencies to analyze the 
economic effect of regulatory changes on small businesses and other 
small entities. Third, the Office of Management and Budget directs 
agencies to assess the effect of regulatory changes on international 
trade. In conducting these analyses, the FAA has determined that this 
proposed rule: (1) Would generate benefits that justify its minimal 
costs and is not a ``significant regulatory action'' as defined in the 
Executive Order; (2) is not significant as defined in the Department of 
Transportation's Regulatory Policies and Procedures; (3) would not have 
a significant impact on a substantial number of small entities; (4) 
would not constitute a barrier to international trade; and (5) would 
not contain any Federal intergovernmental or private sector mandate. 
These analyses are summarized here in the preamble and the full 
Regulatory Evaluation is in the docket.
    The FAA has determined that modification of the Tampa Class B 
airspace area would increase the operational efficiency of the Class B 
airspace while maintaining aviation safety in the terminal area. Also, 
clearer boundary definition and changes to lateral limits of the 
subareas would leave more available airspace for transitioning VFR 
aircraft. The proposed rule would impose only negligible costs on some 
airspace users and would potentially reduce circumnavigation costs to 
some operators. The proposed rule would not impose additional 
administrative costs on the FAA, since any potential increased 
operations workload could be absorbed by current personnel and 
equipment. Changes to aeronautical charts would occur during the chart 
cycle and would cause no additional costs beyond normal updates of 
charts.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated 
with this proposed rule.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 establishes ``as a principle 
of regulatory issuance that agencies shall endeavor, consistent with 
the objective of the rule and of applicable statutes, to fit regulatory 
and informational requirements to the scale of the business, 
organizations, and governmental jurisdictions subject to regulation.'' 
To achieve that principal, the Act requires agencies to solicit and 
consider flexible regualtory proposals and to explain the rationale for 
their actions. The Act covers a wide-range of small entities, including 
small businesses, not-for-profit organizations and small governmental 
jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule would have a significant economic impact on a substantial 
nuber of small entities. If the determination is that it would, the 
agency must prepare a regulatory flexibility analysis (RFA) as 
described in the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 act provides that 
the head of the agency may so certify and an RFA is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    This proposed rule may impose some negligible circumnavigation 
costs only upon individuals operating in the Tampa Class B airspace. 
Therefore, the FAA does not anticipate any adverse impacts to occur as 
a result of the modified Class B airspace area.
    The FAA conducted the required review of this proposal and 
determined that it would not have a significant economic impact on a 
substantial number of small entities. Accordingly, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation 
Administration certifies that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
The FAA solicits comments from affected entities with respect to this 
finding and determination.

International Trade Impact Assessment

    The proposed rule would not constitute a barrier to international 
trade, including the export of U.S. goods and services to foreign 
countries or the import of foreign goods and services into the United 
States.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
enacted as Pub. L. 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure of $100 million or more (when 
adjusted annually for inflation) in any one year by State, local, and 
tribal governments in the aggregate, or by the private sector. Section 
204(a) of the Act, 2 U.S.C. 1534(a), requires the Federal agency to 
develop an effective process to permit timely input by elected officers 
(or their designees) of State, local, and tribal governments on a 
proposed ``significant intergovernmental mandates.'' A ``significant 
intergovernmental mandate'' under the Act is any provision in a Federal 
agency regulation that would impose an enforceable duty upon State, 
local, and tribal governments in the aggregate of $100 million adjusted 
annually for inflation in any one year. Section 203 of the Act, 2 
U.S.C. 1533, which supplements section 204(a), provides that, before 
establishing any regulatory requirements that might significantly or 
uniquely affect small governments, the agency shall have developed a 
plan. That plan, among other things, must provide for notice to 
potentially affected small governments, if any, and for a meaningful 
and timely opportunity to provide input in the development of 
regulatory proposals.
    This proposed rule does not contain any Federal intergovernmental 
or private sector mandates. Therefore, the requirements of Title II of 
the Unfunded Mandates Reform Act of 1995 do not apply.

Conclusion

    In view of the minimal or zero cost of compliance of the proposed 
rule and the

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enhancements to operational efficiency that do not reduce aviation 
safety, the FAA has determined that the proposed rule would be cost-
beneficial.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS, C, CLASS D, AND 
CLASS E AIRSPACE AREAS, AIRWAYS; ROUTES, AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec. 71.1  [Amended]

    2. The incorporation for reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9F, Airspace Designations and 
reporting Points, dated September 10, 1998, and effective September 16, 
1998, is amended as follows:

Paragraph 3000--Subpart B--Class B Airspace

 * * * * *

ASO FL B Tampa, FL [Revised]

Tampa International Airport (Primary Airport)
    (Lat. 27 deg.58'32''N., long. 82 deg.32'00''W.)
Tampa ASR (lat. 27 deg.59'16''N., long. 82 deg.32'42''W.)
MacDill AFB (MCF) (lat. 27 deg.51'00''N., long. 82 deg.31'18''W.)
St. Petersburg VORTAC (PIE)
    (Lat. 27 deg.54'28''N., long. 82 deg.41'04''W.)
Saratoga-Bradenton International Airport
    (Lat. 27 deg.23'43''N., long. 82 deg.33'14''.)

Boundaries

    Area A. That airspace extending upward from the surface to and 
including 10,000 feet MSL bounded by an area beginning at lat. 
27 deg.54'30''N., long. 82 deg.30'56''W., then clockwise along the 
5-mile arc of the Tampa ASR to lat. 27 deg.57'44''N., long. 
82 deg.27'17''W., to the point of beginning.
    Area B. That airspace extending upward from 1,200 feet MSL to 
and including 10,000 feet MSL beginning at the intersection of the 
Tampa ASR 10-mile arc and the PIE VORTAC 132 deg. radial, then 
clockwise along the Tampa ASR 10-mile arc to US Highway 301, then 
south along US Highway 301 to Interstate 75, then south along 
Interstate 75 to the Tampa ASR 12.5-mile arc, then clockwise along 
the Tampa ASR 12.5-mile arc to the PIE VORTAC 132 deg. radial, then 
northwest via the PIE VORTAC 132 deg. radial to the point of 
beginning.
    Area C. That airspace extending upward from 1,700 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of the Tampa ASR 10-mile arc and the PIE VORTAC 
132 deg. radial, then northeast along the line 1.5 miles from the 
parallel to Runway 04/22 at MCF AFB until intercepting the 4.5-mile 
arc from the MCF AFB airport reference point, then direct to the 
intersection of Interstate 75 and the Tampa ASR 12.5-mile arc, then 
clockwise along the Tampa ASR 12.5-mile arc until intercepting the 
PIE VORTAC 132 deg. radial, then northwest via the PIE VORTAC 
132 deg. radial to the point of beginning.
    Area. D. That airspace extending upward from 3,000 feet MSL up 
to and including 10,000 feet MSL bounded by a line beginning at the 
shoreline due west of and to the intersection of Highway 19 and 
Highway 52, at Hudson, FL, then east along Highway 52 to Interstate 
75, then south along the eastern edge of Interstate 75 to Highway 
54, then east along Highway 54 to Highway 39-301 at Zephyrhills, FL, 
then south on Highway 39 to Highway 60, then west on Highway 60 to 
lat. 27 deg.56'16''N., long. 82 deg.10'59''W., then south along the 
railroad to Highway 301 at Parrish, FL, then southwest along Highway 
301 to the 10-mile arc of the Sarasota-Bradenton, FL, Class C 
airspace area, then counterclockwise along the 10-mile arc of the 
Sarasota-Bradenton Class C airspace area to U.S. Route 19, then 
northwest along U.S. Route 19 to Interstate 275, then north along 
Interstate 275 to lat. 27 deg.42'26''N., long. 82 deg.40'45''W. (the 
north end of the Skyway Bridge), then north along the mainland 
shoreline to the point of beginning.
    Area E. That airspace extending upward from 6,000 feet MSL to 
and including 10,000 feet MSL bounded by a line beginning at the 
intersection of U.S. Route 19 and the 10-mile arc of the Sarasota-
Bradenton Class C airspace area, then counterclockwise along the 10-
mile arc of the Sarasota-Bradenton Class C airspace area to 
intercept the 30-mile arc of the Tampa ASR, then clockwise along the 
Tampa ASR 30-mile arc to long. 82 deg.59'59''W., then north along 
long. 82 deg.59'59''W., to the 30-mile arc to the Tampa ASR, then 
clockwise along the Tampa ASR 30-mile arc to intercept Highway 39-
301, then south on Highway 39-301 to Highway 54 at Zephyrhills, Fl.; 
and that airspace bounded by a line beginning at Highway 60 and 
Highway 39, then south along Highway 39 to the Tampa ASR 30-mile 
arc, then clockwise along the Tampa ASR 30-mile arc to the 10-mile 
arc of the Sarasota-Bradenton Class C airspace area, then 
counterclockwise along the 10-mile arc of the Sarasota-Bradenton 
Class C airspace area to intercept Highway 301.
 * * * * *
    Issued in Washington, DC, on October 30, 1998.
Reginald C. Matthews,
Acting Program Director for Air Traffic Airspace Management.
    Note: This Appendix will not appear in the Code of Federal 
Regulations.

Appendix--Tampa, FL, Class B Airspace Area

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[FR Doc. 98-30092 Filed 11-17-98; 8:45 am]
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