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Federal Register / Vol. 70, No.

20 / Tuesday, February 1, 2005 / Proposed Rules 5073

under the criteria of the Regulatory the FDR, as required by paragraph (a) of this Note 3: The subject of this AD is addressed
Flexibility Act. AD, at intervals not to exceed 6 months. in Brazilian airworthiness directive 97–08–
We prepared a regulatory evaluation 01, dated August 29, 1997.
Replacement of Potentiometers
of the estimated costs to comply with Issued in Renton, Washington, on January
(c) If any readout of the FDR, conducted in
this proposed AD. See the ADDRESSES accordance with paragraph (a) or (b) of this 21, 2005.
section for a location to examine the AD, indicates a potentiometer with a noisy Ali Bahrami,
regulatory evaluation. signal: Within 20 days after obtaining the Manager, Transport Airplane Directorate,
readout, replace the potentiometer with one Aircraft Certification Service.
List of Subjects in 14 CFR Part 39 that has a date of manufacture no greater than
[FR Doc. 05–1795 Filed 1–31–05; 8:45 am]
Air transportation, Aircraft, Aviation 12 months from the date of installation, in
accordance with a method approved by the BILLING CODE 4910–13–P
safety, Safety.
Manager, International Branch, ANM–116,
The Proposed Amendment Transport Airplane Directorate, FAA. Section
Accordingly, pursuant to the 31–30–05, dated July 17, 1998, of the DEPARTMENT OF TRANSPORTATION
authority delegated to me by the EMBRAER EMB–120 AMM is one approved
method. Federal Aviation Administration
Administrator, the Federal Aviation
Administration proposes to amend part Note 2: Section 31–30–05 of the EMBRAER
EMB120 AMM includes instructions for 14 CFR Part 39
39 of the Federal Aviation Regulations
calibrating the potentiometers. The
(14 CFR part 39) as follows: procedures for the calibration are specified in
[Docket No. FAA–2005–20221; Directorate
Identifier 2004–NM–173–AD]
Section 31–30–00 of the EMB120 AMM.
PART 39—AIRWORTHINESS
RIN 2120–AA64
DIRECTIVES Modification of Flexible Couplers
1. The authority citation for part 39 (d) Prior to further flight, after Airworthiness Directives; Airbus Model
continues to read as follows: accomplishing paragraph (a) of this AD: A330, A340–200, and A340–300 Series
Apply locktite adhesive over the threads of Airplanes
Authority: 49 U.S.C. 106(g), 40113, 44701. the screws of the flexible couplers that attach
the shafts of the potentiometers to the shafts AGENCY: Federal Aviation
§ 39.13 [Amended] of the primary flight controls, in accordance Administration (FAA), Department of
2. Section 39.13 is amended by with EMBRAER Service Bulletin 120–31– Transportation (DOT).
adding the following new airworthiness 0038, dated February 22, 1997; or Change 02, ACTION: Notice of proposed rulemaking
directive: dated June 25, 1998.
(NPRM).
Empresa Brasileira de Aeronautica S.A. Modification Accomplished Per Previous
(EMBRAER): Docket 2000–NM–120–AD. Issue of Service Bulletin SUMMARY: The FAA proposes to adopt a
Applicability: Model EMB–120 series (e) Modification of the flexible couplers new airworthiness directive (AD) for all
airplanes), certificated in any category, that done before the effective date of this AD in Airbus Model A330, A340–200, and
are required by 14 CFR 135 to operate with accordance with EMBRAER Service Bulletin A340–300 series airplanes. This
a flight data recorder (FDR). 120–31–0038, Change 01, dated October 3, proposed AD would require inspecting
Compliance: Required as indicated, unless 1997, is considered acceptable for to determine the part number and serial
accomplished previously. compliance with the corresponding action number of the left- and right-hand
To prevent the potentiometers that provide specified in paragraph (d) of this AD.
information on the positions of the primary
elevator assemblies, performing related
flight controls to the FDR from transmitting Reporting Requirement investigative and corrective actions if
noisy signals or becoming improperly (f) At the applicable time specified in necessary, and re-protecting the elevator
calibrated, resulting in the transmission of paragraph (f)(1) or (f)(2) of this AD: Submit assembly. This proposed AD is
incomplete or inaccurate data to the FDR, a report of the calibration tests of the prompted by reports that areas on the
accomplish the following: potentiometers and the readouts of the FDR top skin panel of the right-hand elevator
Initial Potentiometer Calibration Testing and to Empresa Brasileira de Aeronautica S.A. have disbonded due to moisture
FDR Readout (EMBRAER), Certification—Continued penetration. We are proposing this AD
Airworthiness, Av. Brig. Faria Lima, 2170, to prevent disbonding of the elevator
(a) Within 6 months after the effective date P.C. 179, 12227–901, Sao Jose dos Campos—
of this AD: Calibrate the potentiometers to assembly, which could reduce the
SP, Brazil; fax (12) 3927–1184. Information
the ailerons, elevators, and rudder; perform structural integrity of the elevator and
collection requirements contained in this
a noise check of the potentiometers; and regulation have been approved by the Office result in reduced controllability of the
obtain a readout of the FDR; in accordance of Management and Budget (OMB) under the airplane.
with a method approved by the Manager, provisions of the Paperwork Reduction Act of
International Branch, ANM–116, Transport DATES: We must receive comments on
1980 (44 U.S.C. 3501 et seq.) and have been this proposed AD by March 3, 2005.
Airplane Directorate, FAA. Section 31–30– assigned OMB Control Number 2120–0056.
00, dated April 10, 2002, of the EMBRAER ADDRESSES: Use one of the following
(1) For calibration tests, noise checks, and
EMB–120 Airplane Maintenance Manual addresses to submit comments on this
FDR readouts done after the effective date of
(AMM) is one approved method. The noise proposed AD.
this AD: Submit the report within 30 days
check must be performed by certificated after performing each test, check, and readout • DOT Docket Web site: Go to
maintenance personnel. http://dms.dot.gov and follow the
required by paragraphs (a) and (b) of this AD.
Note 1: For the purposes of this AD, (2) For calibration tests, noise checks, and instructions for sending your comments
calibration is defined as the adjustment of the FDR readouts done before to the effective electronically.
potentiometers, including operational and date of this AD: Submit the report within 10 • Government-wide rulemaking Web
functional tests of the FDR system, as days after the effective date of this AD.
specified in Section 31–30–00 of the
site: Go to http://www.regulations.gov
EMBRAER EMB120 AMM. Alternative Methods of Compliance and follow the instructions for sending
(g) In accordance with 14 CFR 39.19, the your comments electronically.
Repetitive Potentiometer Calibration Testing Manager, International Branch, ANM–116, • Mail: Docket Management Facility,
and FDR Readout Transport Airplane Directorate, FAA, is U.S. Department of Transportation, 400
(b) Repeat the calibration and noise check authorized to approve alternative methods of Seventh Street SW, Nassif Building,
of the potentiometers and obtain a readout of compliance for this AD. room PL–401, Washington, DC 20590.

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5074 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules

• By fax: (202) 493–2251. person at the Docket Management moisture is indicated, and repairing the
• Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5 areas affected by moisture penetration.
the plaza level of the Nassif Building, p.m., Monday through Friday, except The service bulletins specify contacting
400 Seventh Street SW, Washington, Federal holidays. The Docket Airbus for repair instructions for certain
DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone conditions.
through Friday, except Federal holidays. (800) 647–5227) is located on the plaza The service bulletins also specify
For service information identified in level of the Nassif Building at the DOT procedures for re-protecting the elevator
this proposed AD, contact Airbus, 1 street address stated in the ADDRESSES assembly, regardless of whether damage
Rond Point Maurice Bellonte, 31707 section. Comments will be available in is detected. These procedures include
Blagnac Cedex, France. the AD docket shortly after the DMS visually inspecting the drainage holes to
You can examine the contents of this receives them. determine if they are clean, cleaning the
AD docket on the Internet at http:// drainage holes if necessary, inspecting
Discussion to determine the condition of the sealant
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department The Direction Générale de l’Aviation covering the static discharges contour,
of Transportation, 400 Seventh Street Civile (DGAC), which is the and reapplying sealant if necessary.
SW., room PL–401, on the plaza level of airworthiness authority for France, Accomplishing the actions specified
the Nassif Building, Washington, DC. notified us that an unsafe condition may in the applicable service bulletin is
This docket number is FAA–2005– exist on all Airbus Model A330, A340– intended to adequately address the
20221; the directorate identifier for this 200, and A340–300 series airplanes. The unsafe condition. The DGAC mandated
docket is 2004–NM–173–AD. DGAC advises that operators have found the service information and issued
areas on the top skin panel of the right- French airworthiness directive F–2004–
FOR FURTHER INFORMATION CONTACT: Tim
hand elevator that have disbonded due 118 R1, dated October 13, 2004, to
Backman, Aerospace Engineer,
to moisture penetration. The disbonded ensure the continued airworthiness of
International Branch, ANM–116, FAA,
areas were adjacent to inboard actuator these airplanes in France.
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington attach fittings. Investigation identified a FAA’s Determination and Requirements
98055–4056; telephone (425) 227–2797; serial-number range of elevators that of the Proposed AD
fax (425) 227–1149. had not been tested for water leaks in
production. Disbonding of the elevator These airplane models are
SUPPLEMENTARY INFORMATION: manufactured in France and are type
assembly, if not corrected, could reduce
Comments Invited the structural integrity of the elevator, certificated for operation in the United
which could result in reduced States under the provisions of section
We invite you to submit any relevant 21.29 of the Federal Aviation
controllability of the airplane.
written data, views, or arguments Affected parts may be installed on Regulations (14 CFR 21.29) and the
regarding this proposed AD. Send your either the left-or right-hand elevator applicable bilateral airworthiness
comments to an address listed under assembly. Thus, the left-hand elevator agreement. Pursuant to this bilateral
ADDRESSES. Include ‘‘Docket No. FAA– airworthiness agreement, the DGAC has
assembly may be subject to the same
2005–20221; Directorate Identifier unsafe condition revealed on the right- kept the FAA informed of the situation
2004–NM–173–AD’’ at the beginning of hand elevator assembly. described above. We have examined the
your comments. We specifically invite DGAC’s findings, evaluated all pertinent
comments on the overall regulatory, Relevant Service Information information, and determined that we
economic, environmental, and energy Airbus has issued Service Bulletins need to issue an AD for products of this
aspects of the proposed AD. We will A330–55–3032 (for Model A330 series type design that are certificated for
consider all comments submitted by the airplanes) and A340–55–4029 (for operation in the United States.
closing date and may amend the Model A340–200 and –300 series Therefore, we are proposing this AD,
proposed AD in light of those airplanes), both dated December 22, which would require inspecting to
comments. 2003. Those service bulletins describe determine the part number and serial
We will post all comments we procedures for investigative and number of the left- and right-hand
receive, without change, to http:// corrective actions related to inspecting/ elevator assemblies. This proposed AD
dms.dot.gov, including any personal testing the left- and right-hand elevator also would require, if necessary,
information you provide. We will also assemblies for evidence of moisture performing the investigative/corrective
post a report summarizing each penetration. The inspection procedures actions specified in the service
substantive verbal contact with FAA include: information described previously,
personnel concerning this proposed AD. • Performing an inspection of the except as discussed under ‘‘Differences
Using the search function of our docket inner skin of the upper and lower Among the Proposed AD, the French
website, anyone can find and read the elevator panels using an endoscope to Airworthiness Directive, and the Service
comments in any of our dockets, detect damage (such as a scratch, Information.’’
including the name of the individual disbonding, or a tear) of the Tedlar film. Differences Among the Proposed AD,
who sent the comment (or signed the • Performing a tap test to detect
comment on behalf of an association, the French Airworthiness Directive,
moisture penetration in the inner side of
business, labor union, etc.). You can and the Service Information
the upper and lower elevator panels.
review the DOT’s complete Privacy Act • Performing a thermographic The effectivity of the French
Statement in the Federal Register inspection to detect moisture airworthiness directive includes only
published on April 11, 2000 (65 FR penetration in the upper and lower airplanes that have elevator assemblies
19477–78), or you can visit http:// elevator panels. having certain part number and serial
dms.dot.gov. If damage is detected, corrective number combinations. This proposed
actions include repeating the AD would apply to all airplanes of the
Examining the Docket thermographic inspection to determine affected models, and would require
You can examine the AD docket on the size of the damaged area, performing performing an initial inspection to
the Internet at http://dms.dot.gov, or in a tap test around the areas where determine if elevator assemblies having

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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules 5075

the part number and serial number inspection to determine the condition of this proposed AD. See the ADDRESSES
combinations specified in the French the sealant covering the static section for a location to examine the
airworthiness directive are installed. discharges contour are referred to as regulatory evaluation.
(No further action would be required if ‘‘general visual inspections.’’ We have
List of Subjects in 14 CFR Part 39
no elevator assembly having the subject included the definition for a general
part number and serial number visual inspection in a note in the Air transportation, Aircraft, Aviation
combination is installed.) We find that proposed AD. safety, Safety.
it is necessary to expand the The Proposed Amendment
applicability to ensure that the related Costs of Compliance
investigative actions that would be This proposed AD would affect about Accordingly, under the authority
required by this proposed AD are 20 airplanes of U.S. registry. The delegated to me by the Administrator,
performed if an elevator assembly proposed inspection to determine the the FAA proposes to amend 14 CFR part
having an affected part number and part number and serial number of 39 as follows:
serial number combination is installed installed elevator assemblies would take
PART 39—AIRWORTHINESS
in the future. (Paragraph (i) of this about 1 work hour per airplane, at an
DIRECTIVES
proposed AD would prohibit average labor rate of $65 per work hour.
installation of an elevator assembly Based on these figures, the estimated 1. The authority citation for part 39
having an affected part number and cost of the proposed AD for U.S. continues to read as follows:
serial number unless the related operators is $1,300, or $65 per airplane. Authority: 49 U.S.C. 106(g), 40113, 44701.
investigative actions required by
Authority for This Rulemaking
paragraph (h) of this AD are § 39.13 [Amended]
accomplished.) The FAA’s authority to issue rules 2. The FAA amends § 39.13 by adding
French airworthiness directive F– regarding aviation safety is found in the following new airworthiness
2004–118 R1 specifies an inspection Title 49 of the United States Code. directive (AD):
threshold of the earlier of 10 years or Subtitle I, Section 106, describes the
Airbus: Docket No. FAA–2005–20221;
12,000 flight cycles since the first flight authority of the FAA Administrator. Directorate Identifier 2004–NM–173–AD.
of the airplane. However, paragraph (g) Subtitle VII, Aviation Programs,
of this proposed AD specifies an describes in more detail the scope of the Comments Due Date
inspection threshold of the earlier of 10 agency’s authority. (a) The Federal Aviation Administration
years after the date of issuance of the This rulemaking is promulgated must receive comments on this AD action by
original Airworthiness Certificate or the under the authority described in March 3, 2005.
date of issuance of the original Export Subtitle VII, Part A, Subpart III, Section Affected ADs
Certificate of Airworthiness, or 12,000 44701, ‘‘General requirements.’’ Under (b) None.
total flight cycles. This decision is based that section, the FAA is charged with
on our determination that ‘‘first flight of promoting safe flight of civil aircraft in Applicability
the airplane’’ may be interpreted air commerce by prescribing regulations (c) This AD applies to all Airbus Model
differently by different operators. We for practices, methods, and procedures A330, A340–200, and A340–300 series
find that our proposed terminology is the Administrator finds necessary for airplanes; certificated in any category.
generally understood within the safety in air commerce. This regulation Unsafe Condition
industry, and records will always exist is within the scope of that authority (d) This AD was prompted by reports that
that establish these dates with certainty. because it addresses an unsafe condition areas on the top skin panel of the right-hand
The French airworthiness directive that is likely to exist or develop on elevator have disbonded due to moisture
and the Accomplishment Instructions of products identified in this proposed AD. penetration. We are issuing this AD to
the referenced service bulletins specify prevent disbonding of the elevator assembly,
that you may contact the manufacturer Regulatory Findings which could reduce the structural integrity of
for instructions on how to repair certain We have determined that this the elevator and result in reduced
conditions, but this proposed AD would proposed AD would not have federalism controllability of the airplane.
require you to repair those conditions implications under Executive Order Compliance
using a method that we or the DGAC (or 13132. This proposed AD would not (e) You are responsible for having the
its delegated agent) approve. In light of have a substantial direct effect on the actions required by this AD performed within
the type of repair that would be required States, on the relationship between the the compliance times specified, unless the
to address the unsafe condition, and national Government and the States, or actions have already been done.
consistent with existing bilateral on the distribution of power and Service Bulletin References
airworthiness agreements, we have responsibilities among the various
(f) The term ‘‘service bulletin,’’ as used in
determined that, for this proposed AD, levels of government. this AD, means the Accomplishment
a repair that we or the DGAC approve For the reasons discussed above, I Instructions of Airbus Service Bulletin A330–
would be acceptable for compliance certify that the proposed regulation: 55–3032 (for Model A330 series airplanes) or
with this proposed AD. 1. Is not a ‘‘significant regulatory Airbus Service Bulletin A340–55–4029 (for
The French airworthiness directive action’’ under Executive Order 12866; Model A340–200 and –300 series airplanes),
and the Accomplishment Instructions of 2. Is not a ‘‘significant rule’’ under the both dated December 22, 2003, as applicable.
the referenced service bulletins describe DOT Regulatory Policies and Procedures (1) Where the service bulletins recommend
procedures for submitting certain (44 FR 11034, February 26, 1979); and contacting Airbus for appropriate action:
3. Will not have a significant Before further flight, repair the condition
information to the manufacturer. This
economic impact, positive or negative, according to a method approved by the
proposed AD would not require that Manager, International Branch, ANM–116,
action. on a substantial number of small entities Transport Airplane Directorate, FAA; or the
under the criteria of the Regulatory Direction Générale de l’Aviation Civile (or its
Clarification of Inspection Terminology Flexibility Act. delegated agent).
In this proposed AD, the visual We prepared a regulatory evaluation (2) Although the service bulletins specify
inspection of the drain holes and the of the estimated costs to comply with submitting certain information to the

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5076 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Proposed Rules

manufacturer, this AD does not include that right-hand elevator assemblies. If neither (1) Within 10 years after the date of
requirement. elevator assembly has a part number and issuance of the original Airworthiness
serial number combination identified in Certificate or the date of issuance of the
Determining Part Number, Serial Number Table 1 of this AD, no further action is original Export Certificate of Airworthiness,
(g) At the later of the times specified in required by this paragraph. If either elevator or before the accumulation of 12,000 total
paragraphs (g)(1) and (g)(2) of this AD: assembly has a part number and serial flight cycles, whichever is first.
Perform an inspection to determine the part number combination identified in Table 1 of (2) Within 18 months after the effective
number and serial number of the left- and this AD, do paragraph (h) of this AD. date of this AD.

TABLE 1.—AFFECTED ELEVATOR PART NUMBERS AND SERIAL NUMBERS


Affected part
Part Affected serial numbers
numbers

Left-hand elevator assembly .................................................... F55280000000, CG1002 through CG1091 inclusive, CG1093, CG1094,
F55280000004 CG2001.
Right-hand elevator assembly .................................................. F55280000001, CG1002 through CG1094 inclusive, CG2001.
F55280000005

Inspections by paragraph (h) of this AD are sealant, and corrective actions if


(h) If the left- or right-hand elevator accomplished. necessary. This proposed AD would
assembly has a part number and serial Alternative Methods of Compliance also provide for optional terminating
number combination identified in Table 1 of (AMOCs) action for the repetitive inspections.
this AD: Before further flight after This proposed AD is prompted by a
(j) The Manager, International Branch,
accomplishing paragraph (g) of this AD, do report of a fractured axle of the trailing
ANM–116, has the authority to approve
the actions in paragraphs (h)(1), (h)(2), and arm of the MLG due to corrosion of the
AMOCs for this AD, if requested in
(h)(3) of this AD, as applicable.
accordance with the procedures found in 14 axle. We are proposing this AD to
(1) Perform an endoscopic inspection to
CFR 39.19. prevent a broken trailing arm and
detect damage (such as a scratch, disbonding,
or a tear), and a tap test and a thermographic Related Information consequent failure of the MLG, which
inspection to detect signs of moisture could lead to loss of control and damage
(k) French airworthiness directive F–2004–
penetration, to the upper and lower elevator 118 R1, dated October 13, 2004, also
to the airplane during take-off or
panels on both sides of the airplane, in addresses the subject of this AD. landing.
accordance with the service bulletins.
(2) If any damage is found, before further Issued in Renton, Washington, on January DATES: We must receive comments on
flight, do all applicable corrective actions 21, 2005. this proposed AD by March 3, 2005.
(including but not limited to repeating the Ali Bahrami, ADDRESSES: Use one of the following
thermographic inspection to determine the Manager, Transport Airplane Directorate, addresses to submit comments on this
size of the damaged area, and performing a Aircraft Certification Service. proposed AD.
tap test around the areas where moisture is [FR Doc. 05–1806 Filed 1–31–05; 8:45 am] • DOT Docket Web site: Go to
indicated), in accordance with the service http://dms.dot.gov and follow the
BILLING CODE 4910–13–P
bulletin.
instructions for sending your comments
(3) Re-protect the elevator assembly
(including performing a general visual electronically.
inspection to determine if the drainage holes DEPARTMENT OF TRANSPORTATION • Government-wide rulemaking Web
are clean, a general visual inspection to site: Go to http://www.regulations.gov
determine the condition of the sealant Federal Aviation Administration and follow the instructions for sending
covering the static discharges contour, and your comments electronically.
applicable corrective actions), in accordance 14 CFR Part 39 • Mail: Docket Management Facility,
with the service bulletin. U.S. Department of Transportation, 400
[Docket No. FAA–2005–20223; Directorate
Note 1: For the purposes of this AD, a Identifier 2004–NM–193–AD] Seventh Street, SW., Nassif Building,
general visual inspection is: ‘‘A visual room PL–401, Washington, DC 20590.
examination of an interior or exterior area, RIN 2120–AA64 • By fax: (202) 493–2251.
installation, or assembly to detect obvious • Hand Delivery: Room PL–401 on
damage, failure, or irregularity. This level of Airworthiness Directives; Empresa
the plaza level of the Nassif Building,
inspection is made from within touching Brasileira de Aeronautica S.A.
400 Seventh Street, SW., Washington,
distance unless otherwise specified. A mirror (EMBRAER) Model EMB–135 and –145
may be necessary to ensure visual access to
DC, between 9 a.m. and 5 p.m., Monday
Series Airplanes
all surfaces in the inspection area. This level through Friday, except Federal holidays.
of inspection is made under normally AGENCY: Federal Aviation For service information identified in
available lighting conditions such as Administration (FAA), DOT. this proposed AD, contact Empresa
daylight, hangar lighting, flashlight, or ACTION: Notice of proposed rulemaking Brasileira de Aeronautica S.A.
droplight and may require removal or (NPRM). (EMBRAER), P.O. Box 343—CEP 12.225,
opening of access panels or doors. Stands, Sao Jose dos Campos—SP, Brazil.
ladders, or platforms may be required to gain SUMMARY: The FAA proposes to adopt a You can examine the contents of this
proximity to the area being checked.’’ new airworthiness directive (AD) for AD docket on the Internet at http://
Parts Installation certain EMBRAER Model EMB–135 and dms.dot.gov, or in person at the Docket
(i) As of the effective date of this AD, no
–145 series airplanes. This proposed AD Management Facility, U.S. Department
person may install, on any airplane, an would require repetitive detailed of Transportation, 400 Seventh Street,
elevator assembly having a part number and inspections for surface bruising of the SW., room PL–401, on the plaza level of
serial number combination identified in main landing gear (MLG) trailing arms the Nassif Building, Washington, DC.
Table 1 of this AD unless the actions required and integrity of the MLG pivot axle This docket number is FAA–2005–

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