[Federal Register: September 6, 2006 (Volume 71, Number 172)]
[Rules and Regulations]
[Page 52494-52498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se06-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 710
[EPA-HQ-OPPT-2005-0059; FRL-7752-8]
RIN 2070-AC61
TSCA Inventory Update Reporting Rule; Electronic Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to amend the Toxic
Substances Control Act (TSCA) section 8(a) Inventory Update Reporting
(IUR) regulations to allow the electronic submission of information and
to make several minor corrections. For the first time, in 2006,
reporters of IUR data will be able to use the Internet, through EPA's
Central Data Exchange (CDX), to submit information on their chemicals
to EPA. In addition, EPA will continue to allow IUR submissions either
on CD ROM or on paper. EPA is also correcting two paragraph cross-
references and a section heading. Additionally, EPA is clarifying
requirements for the reporting of company identification information.
DATES: This direct final rule is effective on November 6, 2006 without
further notice, unless EPA receives adverse comment by October 6, 2006.
If, however, EPA receives adverse comment, EPA will publish aFederal
Register document to withdraw the portion of the rule that relates to
the specific comment that was made before the effective date of the
direct final rule. The remainder of the rule will become effective on
November 6, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2005-0059, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention
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and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID number EPA-HQ-OPPT-2005-0059. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is (202) 564-8930. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2005-0059. EPA's policy is that all comments received will be included
in the public docket without change and may be made available in the
on-line docket athttp://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the docket index
at http://www.regulations.gov. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in the on-line docket at
http://www.regulations.gov or in hard copy at the OPPT Docket, EPA
Docket Center, EPA West, Rm. B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The EPA Docket
Center Reading Room telephone number is (202) 566-1744, and the
telephone number for the OPPT Docket, which is located in the EPA
Docket Center, is (202) 566-0280.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Colby Lintner, Regulatory Coordinator, Environmental Assistance
Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 554-1404; e-mail
address: TSCA-Hotline@epa.gov.
For technical information contact: Susan Sharkey, Project Manager,
Economics, Exposure and Technology Division (7406M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8789; e-mail address: sharkey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be affected by this action if you manufacture (defined by
statute at 15 U.S.C. 2602(7) to include import) chemical substances,
including inorganic chemical substances, subject to reporting under the
Inventory Update Reporting (IUR) regulations at 40 CFR part 710. Any
use of the term ``manufacture'' in this document will encompass import,
unless otherwise stated.
Potentially affected entities may include, but are not limited to:
Chemical manufacturers and importers subject to IUR reporting,
including chemical manufacturers and importers of inorganic chemical
substances (NAICS codes 325, 32411).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions at 40 CFR 710.48. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical contact person listed under
FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit CBI to EPA through regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD ROM that you mail
to EPA, mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket ID number and other
identifying information (subject heading, Federal Register date and
page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives, and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What is the Agency's Authority for Taking this Action?
EPA is required under TSCA section 8(b), 15 U.S.C. 2607(b), to
compile and
[[Page 52496]]
keep current an inventory of chemical substances manufactured or
processed in the United States. This inventory is known as the TSCA
Chemical Substances Inventory (the TSCA Inventory). In 1977, EPA
promulgated a rule (42 FR 64572, December 23, 1977) under TSCA section
8(a), 15 U.S.C. 2607(a), to compile an inventory of chemical substances
in commerce at that time. In 1986, EPA promulgated the initial IUR rule
under TSCA section 8(a) at 40 CFR part 710 (51 FR 21438, June 12, 1986)
to facilitate the periodic updating of the TSCA Inventory and to
support activities associated with the implementation of TSCA. In 2003,
EPA promulgated extensive amendments to the IUR rule (68 FR 848,
January 7, 2003) (FRL-6767-4) (2003 Amendments) to collect
manufacturing, processing, and use exposure-related information, and to
make certain other changes. Minor corrections to the IUR rule were made
in July of 2004 (69 FR 40787, July 7, 2004) (FRL-7332-3), and
additional revisions to the IUR rule were made on December 19, 2005 (70
FR 75059) (FRL-7743-9).
TSCA section 8(a)(1) authorizes the EPA Administrator to promulgate
rules under which manufacturers and processors of chemical substances
and mixtures (referred to hereinafter as chemical substances) must
maintain such records and submit such information as the Administrator
may reasonably require. TSCA section 8(a) generally excludes small
manufacturers and processors of chemical substances from the reporting
requirements established in TSCA section 8(a). However, EPA is
authorized by TSCA section 8(a)(3) to require TSCA section 8(a)
reporting from small manufacturers and processors with respect to any
chemical substance that is the subject of a rule proposed or
promulgated under TSCA section 4, 5(b)(4), or 6, or that is the subject
of an order under TSCA section 5(e), or that is the subject of relief
that has been granted pursuant to a civil action under TSCA section 5
or 7. Pursuant to TSCA section 8(a)(3)(B), the standard for determining
whether an entity qualifies as a small manufacturer for purposes of 40
CFR part 710 generally is defined in 40 CFR 704.3. Processors are not
currently subject to the regulations at 40 CFR part 710.
B. What is the Inventory Update Reporting (IUR) Regulation?
The data reported under the IUR rule are used to update the
information maintained on the TSCA Inventory. EPA uses the TSCA
Inventory and data reported under the IUR rule to support many TSCA-
related activities and to provide overall support for a number of EPA
and other federal health, safety, and environmental protection
activities. The IUR rule, as amended by the 2003 Amendments and
subsequent revisions, requires U.S. manufacturers (including importers)
of chemicals listed on the TSCA Inventory to report to EPA every 5
years the identity of chemical substances manufactured for a commercial
purpose during the reporting year in quantities of 25,000 pounds or
more at any single site they own or control. The IUR generally excludes
several categories of substances from its reporting requirements, i.e.,
polymers, microorganisms, naturally occurring chemical substances, and
certain natural gas substances. Sites are required to report
information such as company name, site location and other identifying
information, identity and production volume of the reportable chemical
substance, manufacturing exposure-related information associated with
each reportable chemical substance, including the physical form and
maximum concentration of the chemical substance and the number of
potentially exposed workers.
Manufacturers (including importers) of larger volume chemicals
(i.e., 300,000 pounds or more manufactured during the reporting year at
any site) are additionally required to report certain processing and
use information (40 CFR 710.52(c)(4)). This information includes
process or use category, NAICS code, industrial function category,
percent production volume associated with each process or use category,
number of use sites, number of potentially exposed workers, and
consumer/commercial information such as use category, use in or on
products intended for use by children, and maximum concentration. For
the 2006 submission period, inorganic chemicals are partially exempt
regardless of production volume (i.e., submitters do not report the
processing and use information listed in 40 CFR 710.52(c)(4)). After
the 2006 reporting period, the partial exemption for inorganic
chemicals will no longer be applicable and submitters will report
processing and use information on inorganic chemical substances
manufactured (including imported) at a site in volumes of 300,000
pounds or more, unless partially exempted as described in Unit II.C. In
addition, specifically listed petroleum process streams and other
specifically listed chemical substances are partially exempt during the
2006 submission period as well as during subsequent submission periods.
C. What Action is the Agency Taking?
Through this action, EPA is amending the methods available for
obtaining documents, including reporting instructions, and for
submitting reports. Additionally, EPA is making several minor
corrections, including clarifying requirements for the reporting of
company identification information.
1. Methods to obtain reporting instructions and submit reports.
Because IUR reporting occurs only once every 5 years, the methods used
to make available or otherwise distribute reporting materials, and for
submitting the required information to EPA, often change from one
submission period to another. EPA is therefore providing instructions
to obtain the most up-to-date information concerning IUR submissions.
For the 2006 submission period, EPA is allowing submissions,
including those containing CBI, over the Internet using EPA's Central
Data Exchange (CDX). Submitting IUR information through CDX is EPA's
preferred submission method because this method enables EPA to notify
the submitter that the Agency has received their submission, it reduces
reporting errors, and it enables data to be available more quickly.
Coupled with EPA's new reporting software, eIUR, the Agency believes
electronic reporting will become the preferred method of reporting for
industry as well as for EPA.
The reporting form, reporting software, instruction manual, and
other guidance materials are available on EPA's website at http://www.epa.gov/oppt/iur
or through EPA's hotline, and can be obtained as described in
the regulatory text. EPA plans to continue to notify sites that
submitted during the previous submission period of the advent of the
next submission period. The notification will include information on
how to obtain the documents described in this paragraph.
Although EPA prefers that submissions be made using CDX, the Agency
will continue to accept submissions on CD ROM or in hard copy.
Instructions for submitting IUR information in these formats are also
included on the website and in the instructions manual.
2. Corrections. Section 710.52 describes the information to be
reported by persons described in Sec. 710.48. EPA is correcting two of
the cross-references in this section. Section 710.57 describes
recordkeeping requirements. EPA is correcting the title for this
section. These changes are purely administrative, make the relevant
[[Page 52497]]
regulatory provision internally consistent and correct, and do not have
any substantive effect on any other part of the regulations at 40 CFR
part 710.
a. Section 710.52(c)(4)(i)(F) states that:
[f]or each combination of industrial processing or use
operation, NAICS code and industrial function category, the
submitter must estimate the number of workers reasonably likely to
be exposed to each reportable chemical substance. For each
combination associated with each substance, the submitter must
select from among the worker ranges listed in paragraph (c)(3)(vi)
of this section and report the corresponding code (i.e., W1 though
W8).
The reference to paragraph (c)(3)(vi) is incorrect as that paragraph
does not contain worker ranges. Instead, the appropriate cross
reference is to paragraph (c)(3)(v). As a result, EPA is correcting
Sec. 710.52(c)(4)(i)(F) by changing the cross-reference to the worker
ranges from ``paragraph (c)(3)(vi)'' to ``paragraph (c)(3)(v).''
b. Section 710.52(c)(4)(ii)(D) states that:
[w]here the reportable chemical substance is used in commercial
or consumer products, the estimated typical maximum concentration,
measured by weight, of the chemical substance in each commercial and
consumer product category reported under paragraph (c)(4)(ii)(A) of
this section. For each substance in each commercial and consumer
product category reported under paragraph (c)(4)(ii)(A) of this
section, submitters must select from among the ranges of
concentrations listed in the table in paragraph (c)(3)(vii) of this
section and report the corresponding code (i.e., M1 through M5).
The reference to paragraph (c)(3)(vii) is incorrect as that paragraph
does not contain ranges of concentrations. Instead, the
appropriatecross-reference is to paragraph (c)(3)(vi). As a result, EPA
is correcting Sec. 710.52(c)(4)(ii)(D) by changing the cross-reference
to the ranges of concentrations from ``paragraph (c)(3)(vii)'' to
``paragraph (c)(3)(vi).''
c. Section 710.57 is titled ``Reporting requirements'' and states
that ``[e]ach person who is subject to the reporting requirements of
this subpart must retain records that document any information reported
to EPA.'' Because the subject of this section is recordkeeping
requirements, EPA is correcting the section by changing the heading
from ``Reporting requirements'' to ``Recordkeeping requirements.''
3. Clarification. Section 710.52(c)(2)(i) states that:
[t]he name of a person who will serve as technical contact for
the submitter company and who will be able to answer questions about
the information submitted by the company to EPA, the parent company
name and Dun and Bradstreet Number, the contact person's full
mailing address, the contact person's telephone number, and the
contact person's e-mail address must be reported for each site at
which at least 25,000 lbs. (11,340 kg) of a reportable chemical
substance is manufactured (including imported).
The use of the term ``parent company'' has created confusion, and
therefore EPA is clarifying this requirement by changing the
phrase``parent company'' to ``company.'' Submitters are to report the
company name associated with the manufacturing (including importing)
site and do not need to identify a parent company, if any, that would
be associated with the company that reports information under this
rule.
III. Direct Final Rule Procedures
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. This final rule will be effective on November 6, 2006
without further notice unless the Agency receives adverse comment by
October 6, 2006. If EPA receives adverse comment on one or more
distinct amendments, paragraphs, or sections of this rulemaking, the
Agency will publish a timely withdrawal in the Federal Register
indicating which provisions will become effective and which provisions
are being withdrawn due to adverse comment. Any distinct amendment,
paragraph, or section of today's rulemaking for which the Agency does
not receive adverse comment will become effective on November 6, 2006,
notwithstanding any adverse comment on any other distinct amendment,
paragraph, or section of today's rule. For any distinct amendment,
paragraph, or section of today's rule that is withdrawn due to adverse
comment, EPA will publish a notice of proposed rulemaking in a future
edition of the Federal Register. The Agency will address the comments
on any such distinct amendment, paragraph, or section as part of that
proposed rulemaking.
IV. Materials in the Rulemaking Record
The public version of the official record for this rulemaking is
contained in three separate dockets that can be accessed as described
in theADDRESSES unit. Docket ID number EPA-HQ-OPPT-2005-0059 contains
the rulemaking record. This record includes the documents located in
the docket.
1. USEPA. ``Instructions for Reporting for the 2006 Partial
Updating of the TSCA Chemical Inventory Database,'' Draft. May 2006.
2. USEPA. ``News About: The 2006 IUR Rule...change for easier, more
accurate filing,'' November 2005.
V. Statutory and Executive Order Reviews
A. Executive Order 12866
This direct final rule implements one change and several minor
corrections to 40 CFR part 710, resulting in a burden and cost
reduction. Since this direct final rule does not impose any new
requirements, it is not subject to review by the Office of Management
and Budget (OMB) under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993).
B. Paperwork Reduction Act
This direct final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq.
C. Regulatory Flexibility Act
Since this action makes one change, several minor corrections, and
a clarification to 40 CFR part 710, resulting in a burden reduction,
EPA certifies this action will not have a significant economic impact
on a substantial number of small entities. There will be no adverse
impact on small entities resulting from this action.
D. Unfunded Mandates Reform Act
This action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
E. Executive Order 3132
The Agency has determined that this action will not have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This
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action does not alter the relationships or distribution of power and
responsibilities established by Congress.
F. Executive Order 13175
The Agency has determined that this rule does not have any ``tribal
implications'' as described in Executive Order 13175,
entitledConsultation and Coordination with Indian Tribal Governments
(65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' This direct final rule will not have substantial
direct effects on tribal governments, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.
G. Executive Order 13045
This action does not require OMB review or any other Agency action
under Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997).
H. Executive Order 13211
Because this direct final rule is exempt from review under
Executive Order 12866 due to its lack of significance, this direct
final rule is not subject to Executive Order 13211, entitled Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001).
I. National Technology Transfer Advancement Act
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in theFederal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 710
Environmental protection, Central Data Exchange, CDX, Chemicals,
Electronic reporting, Hazardous materials, Reporting and recordkeeping
requirements.
Dated: August 25, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 710--[AMENDED]
0
1. The authority citation for part 710 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
Sec. 710.52 [Amended]
0
2. Section 710.52 is amended as follows:
a. By revising the phrase ``parent company'' to read ``company'' in
paragraph (c)(2)(i).
b. By revising the phrase ``paragraph (c)(3)(vi)'' to read
``paragraph (c)(3)(v)'' in paragraph (c)(4)(i)(F).
c. By revising the phrase ``paragraph (c)(3)(vii)'' to read
``paragraph (c)(3)(vi)'' in paragraph (c)(4)(ii)(D).
Sec. 710.57 [Amended]
0
3. Section 710.57 is amended by revising the section heading to read:
``Sec. 710.57 Recordkeeping requirements.''
0
4. Section 710.59 is revised to read as follows:
Sec. 710.59 Availability of reporting form and instructions.
(a) Use the proper EPA form. You must use the EPA form identified
as ``Form U'' to submit written information in response to the
requirements of this subpart. Instructions for obtaining copies of Form
U are in paragraph (c) of this section.
(b) Follow the reporting instructions. You should follow the
detailed instructions for completing and submitting an electronic or
hard copy report. Instructions given in the EPA publication titled,
``Instructions for Reporting for the 2006 Partial Updating of the TSCA
Chemical Inventory Database,'' are available as described in paragraph
(c) of this section. EPA encourages reporting sites subject to this
part to submit the required information to EPA electronically.
(c) Obtain the reporting package and copies of the form. You can
obtain the reporting form or software, reporting instructions, and
other associated documents as follows:
(1) By website. Go to the EPA Inventory Update Reporting Internet
home page at http://www.epa.gov/oppt/iur and follow the appropriate
links. EPA encourages reporting sites subject to this subpart to visit
this home page.
(2) By phone. Call the EPA TSCA Hotline at (202) 554-1404.
(3) By e-mail. Send an e-mail request for this information to the
EPA TSCA Hotline at TSCA-Hotline@epa.gov.
(4) By mail. Send a written request for this information to the
following address: TSCA Hotline, Mail Code 7408M, ATTN: Inventory
Update Reporting, Office of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
[FR Doc. E6-14716 Filed 9-5-06; 8:45 am]
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