Professional Documents
Culture Documents
trackage rights until January 31, 2020. No. FD 36198 to expire on January 31, Representative has further determined
NOPB Corp. filed the petition to 2020. to establish a process by which U.S.
partially revoke the exemption to allow To provide the statutorily mandated stakeholders may request that particular
the trackage rights to expire on that protection to any employee adversely products classified within a covered
date.2 NOPB Corp. argues that granting affected by the discontinuance of tariff subheading in Annex A be
its petition will promote the rail trackage rights, the Board will impose excluded from these additional duties.
transportation policy, will be consistent the employee protective conditions set Further, the Office of the U.S. Trade
with the limited scope of the forth in Oregon Short Line Railroad— Representative (USTR) is seeking public
transaction, and will not adversely Abandonment Portion Goshen Branch comment and will hold a public hearing
affect the current competitive situation Between Firth & Ammon, in Bingham & regarding a proposed additional action
of any shipper. Bonneville Counties, Idaho, 360 I.C.C. in this investigation. The proposed
91 (1979). additional action is the imposition of an
Discussion and Conclusions This action is categorically excluded ad valorem duty of 25 percent on
from environmental review under 49 products of China classified in the
Although NOPB Corp. and IC have
CFR 1105.6(c). HTSUS subheadings set out in Annex C
expressly agreed on the duration of the
It is ordered: of this notice.
proposed trackage rights agreement, 1. The petition for partial revocation
trackage rights approved under the class DATES:
is granted. Applicable date of duties: The
exemption at 49 CFR 1180.2(d)(7) 2. Under 49 U.S.C. 10502, the trackage
typically remain effective indefinitely, additional duties set out in Annex A to
rights described in Docket No. FD 36198 this notice are applicable with respect to
regardless of any contract provisions. are exempted, as discussed above, to
Occasionally, however, the Board has products that are entered for
permit the trackage rights to expire on consumption, or withdrawn from
partially revoked a trackage rights January 31, 2020, subject to the
exemption to allow those rights to warehouse for consumption, on or after
employee protective conditions set forth July 6, 2018.
expire after a limited time period rather in Oregon Short Line. Comment and hearing deadline: To be
than lasting in perpetuity. See, e.g., Ind. 3. Notice will be published in the assured of consideration, you must
R.R.—Trackage Rights Exemption—CSX Federal Register on June 20, 2018. submit comments and responses with
Transp., Inc., FD 36068 (Sub-No. 1) 4. This decision is effective on July respect to the proposed list of products
(STB served Feb. 9, 2017); Ind. S. R.R.— 20, 2018. Petitions to stay must be filed in Annex C to this notice in accordance
Temporary Trackage Rights by July 2, 2018. Petitions for with the following schedule:
Exemption—Norfolk S. Ry., FD 35965 reconsideration must be filed by July 10, June 29, 2018: Due date for filing
(Sub-No. 1) (STB served Nov. 25, 2015). 2018. requests to appear and a summary of
Under 49 U.S.C. 10502, the Board Decided: June 13, 2018. expected testimony at the public
may exempt a person, class of persons, By the Board, Board Members Begeman hearing and for filing pre-hearing
or a transaction or service, in whole or and Miller. submissions.
in part, when it finds that: (1) Continued Kenyatta Clay, July 23, 2018: Due date for submission
regulation is not necessary to carry out Clearance Clerk. of written comments.
the rail transportation policy of 49 July 24, 2018: The Section 301
[FR Doc. 2018–13156 Filed 6–19–18; 8:45 am]
U.S.C. 10101; and (2) either the Committee will convene a public
BILLING CODE 4915–01–P
transaction or service is of limited hearing in the main hearing room of the
scope, or regulation is not necessary to U.S. International Trade Commission,
protect shippers from the abuse of 500 E Street SW, Washington, DC 20436
OFFICE OF THE UNITED STATES beginning at 9:30 a.m.
market power.
TRADE REPRESENTATIVE July 31, 2018: Due date for submission
NOPB Corp.’s trackage rights were of post-hearing rebuttal comments.
already authorized under the class [Docket Number USTR–2018–0018]
ADDRESSES: USTR strongly prefers
exemption at 49 CFR 1180.2(d)(7) in Notice of Action and Request for electronic submissions made through
Docket No. FD 36198. Granting partial Public Comment Concerning Proposed the Federal eRulemaking Portal: http://
revocation in these circumstances Determination of Action Pursuant to www.regulations.gov. Follow the
would promote the rail transportation Section 301: China’s Acts, Policies, instructions for submitting comments in
policy by eliminating the need to file a and Practices Related to Technology sections D, E, and F below. The docket
second pleading seeking discontinuance Transfer, Intellectual Property, and number is USTR–2018–0018.
when the agreement expires, thereby Innovation FOR FURTHER INFORMATION CONTACT: For
promoting rail transportation policy
goals at 49 U.S.C. 10101(2), (7), and (15). AGENCY: Office of the United States questions about the ongoing
Moreover, limiting the term of the Trade Representative. investigation, action, or proposed
trackage rights is consistent with the additional action, contact USTR
ACTION: Notice of action, request for
limited scope of the transaction Assistant General Counsel Arthur Tsao
comments, and notice of public hearing.
previously exempted.3 Therefore, the at (202) 395–5725. For questions on
Board will grant the petition and permit SUMMARY: The U.S. Trade customs classification or
the trackage rights exempted in Docket Representative (Trade Representative) implementation of additional duties on
has determined that appropriate action products identified in Annex A to this
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2 NOPB explains in its notice of exemption that in this investigation includes the Notice, contact Traderemedy@
because the extended trackage rights were to be imposition of an additional ad valorem cbp.dhs.gov.
more than a year in duration, the class exemption duty of 25 percent on products from SUPPLEMENTARY INFORMATION:
for temporary trackage rights under 49 CFR China classified in the subheadings of
1180.2(d)(8) was not available. A. Proceedings in the Investigation
3 Because the proposed transaction is of limited the Harmonized Tariff Schedule of the
scope, the Board need not make a market power United States (HTSUS) set out in Annex On August 18, 2017, the Trade
finding. A of this notice. The Trade Representative initiated an investigation
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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices 28711
into the government of China’s acts, authorized under section 301(c) of the notice. Products of China that are
policies, and practices related to Trade Act of 1974 (19 U.S.C. 2411(c)), provided for in new HTSUS heading
technology transfer, intellectual subject to the specific direction, if any, 9903.88.01, as established by Annex A
property, and innovation. See 82 FR of the President regarding such action, of this notice that are entered for
40213. The proceedings in the and all other appropriate and feasible consumption, or withdrawn from
investigation up through the Trade action within the power of the President warehouse for consumption, on or after
Representative’s determination that that the President may direct the Trade 12:01 a.m. eastern daylight time on July
China’s acts, policies, and practices are Representative to take under section 6, 2018, shall be subject to an additional
actionable under section 301(b) of the 301(b), to obtain the elimination of that duty of 25 percent ad valorem. The rates
Trade Act of 1974 (19 U.S.C. 2411(b)) act, policy, or practice. of duty applicable to products of China
are set out in the notice published at 83 On May 29, 2018, the President made that are provided for in new HTSUS
FR 14906 (April 6, 2018). the following statement: heading 9903.88.01 shall apply in
The April 6, 2018 notice invited ‘‘Under Section 301 of the Trade Act addition to all other applicable duties,
public comment on a proposed action in of 1974, the United States will impose fees, exactions, and charges.
the investigation: The imposition of an a 25 percent tariff on $50 billion of Any product listed in Annex A,
additional ad valorem duty of 25% on goods imported from China containing except any product that is eligible for
products from China classified in a list industrially significant technology, admission under ‘domestic status’ as
of 1,333 tariff subheadings. As including those related to the ‘Made in defined in 19 CFR 146.43, which is
explained in the notice, the value of the China 2025’ program. The final list of subject to the additional duty imposed
products on the list was approximately covered imports will be announced by by this determination, and that is
$50 billion in terms of estimated annual June 15, 2018, and tariffs will be admitted into a U.S. foreign trade zone
trade value for calendar year 2018, and imposed on those imports shortly on or after 12:01 a.m. eastern daylight
the level is appropriate both in light of thereafter.’’ Statement on Steps to time on July 6, 2018, only may be
the estimated harm to the U.S. economy, Protect Domestic Technology and admitted as ‘privileged foreign status’ as
and to obtain elimination of China’s Intellectual Property from China’s defined in 19 CFR 146.41. Such
harmful acts, policies, and practices. Discriminatory and Burdensome Trade products will be subject upon entry for
Interested persons were invited to Practices (https://www.whitehouse.gov/ consumption to any ad valorem rates of
provide comments on the following: briefings-statements/statement-steps- duty or quantitative limitations related
• The specific products to be subject protect-domestic-technology- to the classification under the
to increased duties, including whether intellectual-property-chinas- applicable HTSUS subheading.
products listed in the Annex to the discriminatory-burdensome-trade- During the notice and comment
April 6 notice should be retained or practices). process, a number of interested persons
removed, or whether products not USTR and the Section 301 Committee asserted that specific products within a
currently on the list should be added. have carefully reviewed the public particular tariff subheading were only
• The level of the increase, if any, in comments and the testimony from the available from China, that imposition of
the rate of duty. three-day public hearing. In addition, additional duties on the specific
• The appropriate aggregate level of and consistent with the Presidential products would cause severe economic
trade to be covered by additional duties. directive, USTR and the interagency harm to a U.S. interest, and that the
In response to the notice of proposed Section 301 Committee have carefully specific products were not strategically
action, interested persons filed reviewed the extent to which the tariff important or related to the ‘‘Made in
approximately 3,200 written subheadings in the April 6, 2018 notice China 2025’’ program. In light of such
submissions. USTR and the Section 301 include products containing industrially concerns, and pursuant to sections
Committee held a three-day public significant technology, including 301(b), 301(c), 304(a), and 307(a) of the
hearing on May 15–17, 2018. During the technologies and products related to the Trade Act of 1974 (19 U.S.C. 2411(b),
hearing, 121 witnesses provided ‘‘Made in China 2025’’ program. Based 2411(c), 2414(a), and 2417(a)), the Trade
testimony and responded to questions. on this review process, the Trade Representative has determined that
Interested parties also had the Representative has determined to USTR will establish a process by which
opportunity to provide rebuttal narrow the proposed list in the April 6, U.S. stakeholders may request that
submissions, and approximately 295 2018 notice to 818 tariff subheadings, particular products classified within an
rebuttal submissions were filed. The with an approximate annual trade value HTSUS subheading listed in Annex A
public submissions and a transcript of of $34 billion. be excluded from these additional
the hearing are available on Pursuant to sections 301(b), 301(c), duties. USTR will publish a separate
www.regulations.gov in docket number and 304(a) of the Trade Act of 1974 (19 notice describing the product exclusion
USTR–2018–0005. U.S.C. 2411(b), 2411(c), and 2414(a)), process, including the procedures for
the Trade Representative determines submitting exclusion requests, and an
B. Determination on Appropriate that appropriate and feasible action in opportunity for interested persons to
Action this investigation includes the submit oppositions to a request.
In the April 6, 2018 notice, the Trade imposition of an additional ad valorem
Representative announced his duty of 25 percent on products of China C. Proposed Determination on
determination that the acts, policies, covered in the tariff subheadings listed Additional Action
and practices under investigation are in Annex A to this notice. Annex B to Based on a review of the public
unreasonable or discriminatory and comments and the review of tariff
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covers 284 tariff subheadings, and is set hearing submission. Participation in this submit comments in an attached
out in Annex C to this notice. second hearing on the additional action document. If you attach a document, it
The subheadings listed in Annex C in the investigation will be limited to is sufficient to type ‘‘see attached’’ in
have an approximate annual trade value issues involving the products covered in the ‘‘Comment’’ field. USTR prefers
of $16 billion. Including these tariff the tariff subheadings in Annex C. submissions in Microsoft Word (.doc) or
subheadings in the Section 301 action Accordingly, requests to appear at the Adobe Acrobat (.pdf). If you use an
would maintain the effectiveness of a hearing must identify the specific tariff application other than those two, please
$50 billion trade action. The list of subheadings in Annex C that the indicate the name of the application in
products in Annex C will undergo witness intends to address. Remarks at the ‘‘Comment’’ field.
further review in a public notice and the hearing may be no longer than five File names should reflect the name of
comment process, including a hearing. minutes to allow for possible questions the person or entity submitting the
After completion of this process, USTR from the Section 301 Committee. comments. Please do not attach separate
will issue a determination on the All requests to appear at the hearing cover letters to electronic submissions;
additional products subject to must be in English and sent
rather, include any information that
additional duties. electronically via www.regulations.gov.
might appear in a cover letter in the
To submit a request to appear via
D. Requests for Public Comments comments themselves. Similarly, to the
www.regulations.gov, enter docket
extent possible, please include any
In accordance with section 304(b) of number USTR–2018–0018 on the home
exhibits, annexes, or other attachments
the Trade Act (19 U.S.C. 2414(b)), USTR page and click ‘‘search.’’ The site will
in the same file as the comment itself,
invites comments from interested provide a search-results page listing all
rather than submitting them as separate
persons with respect to the proposed documents associated with this docket.
files.
additional action of imposing an Find a reference to this notice and click
additional 25 percent ad valorem duty on the link titled ‘‘Comment Now!’’. In For any comments submitted
on the products classified in the list of the ‘‘Comment’’ field, include the name, electronically containing business
tariff subheadings in Annex C of this address, email address, and telephone confidential information, the file name
notice. To be assured of consideration, number of the person presenting the of the business confidential version
you must submit written comments on testimony. Attach a summary of the should begin with the characters ‘‘BC’’.
this proposed additional action in testimony, and a pre-hearing submission Any page containing business
response to China’s acts, policies, and if provided, by using the ‘‘Upload File’’ confidential information must be clearly
practices by July 23, 2018, and post- field. The file name should include both marked ‘‘BUSINESS CONFIDENTIAL’’
hearing rebuttal comments by July 31, the name of the person who will be on the top of that page and the
2018. presenting testimony and the entity they submission should clearly indicate, via
In this second round of comments on will be representing. In addition, please brackets, highlighting, or other means,
the proposed action to be taken in the submit a request to appear and summary the specific information that is business
investigation, USTR requests that of testimony by email to confidential. If you request business
comments be limited to the proposed 301investigation@ustr.eop.gov. In the confidential treatment, you must certify
additional action of imposing additional subject line of the email, please include in writing that disclosure of the
duties on the products classified in the the name of the person who will be information would endanger trade
tariff subheadings in Annex C. In other presenting the testimony, followed by secrets or profitability, and that the
words, USTR is inviting comments on ‘‘request to appear’’. Please also include information would not customarily be
maintaining or removing a subheading the name, address, email address, and released to the public. Filers of
currently listed in Annex C, not on the telephone number of the person submissions containing business
tariff subheadings in Annex A, or any presenting testimony in the body of the confidential information also must
other subheading. email message. submit a public version of their
USTR requests that commenters comments. The file name of the public
address specifically whether imposing F. Procedures for Written Submissions version should begin with the character
increased duties on a particular All submissions must be in English ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be
subheading listed in Annex C would be and sent electronically via followed by the name of the person or
practicable or effective to obtain the www.regulations.gov. To submit entity submitting the comments or
elimination of China’s acts, policies, comments via www.regulations.gov, rebuttal comments. If these procedures
and practices, and whether maintaining enter docket number USTR–2018–0018 are not sufficient to protect business
or imposing additional duties on a on the home page and click ‘‘search.’’ confidential information or otherwise
particular product listed in Annex C The site will provide a search-results protect business interests, please contact
would cause disproportionate economic page listing all documents associated the USTR Tech Transfer Section 301
harm to U.S. interests, including small- with this docket. Find a reference to this line at (202) 395–5725 to discuss
or medium-sized businesses and notice and click on the link titled whether alternative arrangements are
consumers. ‘‘Comment Now!’’ For further possible.
information on using the USTR will post submissions in the
E. Hearing Participation www.regulations.gov website, please docket for public inspection, except
The Section 301 Committee will consult the resources provided on the business confidential information. You
convene a public hearing in the Main website by clicking on ‘‘How to Use can view submissions on the https://
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Hearing Room of the U.S. International Regulations.gov’’ on the bottom of the www.regulations.gov website by
Trade Commission, 500 E Street SW, home page. We will not accept hand- entering docket number USTR–2018–
Washington, DC 20436, beginning at delivered submissions. 0018 in the search field on the home
9:30 a.m. on July 24, 2018. You must The www.regulations.gov website page.
submit requests to appear at the hearing allows users to submit comments by
by June 29, 2018. The request to appear filling in a ‘‘Comment’’ field or by Robert Lighthizer,
must include a summary of testimony, attaching a document using an ‘‘Upload United States Trade Representative.
and may be accompanied by a pre- File’’ field. USTR prefers that you 3290–F8–P
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ANNEXA
Effective with respect to goods entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight time on July 6, 2018, subchapter Ill of chapter 99
of the Harmonized Tariff Schedule of the United States (HTSUS) is modified:
1. by inserting the following new heading 9903.88.01 in numerical sequence, with the material in
the new heading inserted in the columns of the HTSUS labeled "Heading/Subheading", "Article
Description", "Rates of Duty 1-General", respectively:
Rates of Duty
Heading/
Article Description 1 2
Subheading
General Special
"9903.88.01 Articles the product of China, as enumerated in The duty
U.S. note 20 to this subchapter ........... provided in
the
applicable
subheading
plus 25%"
2. by inserting the following new U.S. note 20 to subchapter Ill of chapter 99 in numerical
sequence:
"20. (a) For the purposes of heading 9903.88.01, products of China, as provided for in this note, shall
be subject to an additional 25 percent ad valorem rate of duty. The products of China that are subject to
an additional25 percent ad valorem rate of duty under heading 9903.88.01 are products of China that
are classified in the subheadings enumerated in U.S. note 20(b) to subchapter Ill. All products of China
that are classified in the subheadings enumerated in U.S. note 20(b) to subchapter Ill are subject to the
additional 25 percent ad valorem rate of duty imposed by heading 9903.88.01.
Notwithstanding U.S. note 1 to this subchapter, all products of China that are subject to the additional
25 percent ad valorem rate of duty imposed by heading 9903.88.01 shall also be subject to the general
rates of duty imposed on products of China classified in the subheadings enumerated in U.S. note 20(b)
to subchapter Ill.
Products of China that are classified in the subheadings enumerated in U.S. note 20(b) to subchapter Ill
and that are eligible for special tariff treatment under general note 3(c)(i) to the HTSUS shall be subject
to the additional 25 percent ad valorem rate of duty imposed by heading 9903.88.01.
The rates of duty imposed by heading 9903.88.01 shall not apply to products for which entry is properly
claimed under a heading or subheading in chapter 98.
Products of China that are provided for in heading 9903.88.01 and classified in one of the subheadings
enumerated in U.S. note 20(b) to subchapter Ill shall continue to be subject to antidumping,
countervailing, or other duties, fees, exactions and charges that apply to such products, as well as to the
additional 25 percent ad valorem rate of duty imposed by heading 9903.88.01.
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(b) Heading 9903.88.01 applies to all products of China that are classified in the following 8-digit
subheadings:
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ANNEX B
Note: All products that are classified in the 8-digit subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS) that are listed in this Annex are covered by the action.
The product descriptions that are contained in this Annex are provided for informational
purposes only, and are not intended to delimit in any way the scope of the action. In all cases,
the formal language in Annex A governs the tariff treatment of products covered by the action.
Any questions regarding the scope of particular HTSUS subheadings should be referred to U.S.
Customs and Border Protection. In the product descriptions, the abbreviations "nesoi" and
"nesi" mean "not elsewhere specified or included".
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8417.80.00 Industrial or laboratory furnaces and ovens nesoi, including incinerators, nonelectric
8417.90.00 Parts for industrial or laboratory furnaces and ovens, including incinerators,
nonelectric
8418.69.01 Refrigerating or freezing equipment nesoi
8419.11.00 Instantaneous gas water heaters, nonelectric
8419.19.00 Storage water heaters, nonelectric
8419.31.00 Dryers for agricultural products, not used for domestic purposes
8419.32.10 Dryers for wood
8419.32.50 Dryers for paper pulp, paper or paperboard
8419.39.01 Dryers, other than of a kind for domestic purposes, nesoi
8419.40.00 Distilling or rectifying plant, not used for domestic purposes
8419.50.10 Brazed aluminum plate-fin heat exchangers
8419.50.50 Heat exchange units, nesoi
8419.60.50 Machinery for liquefying air or gas, nesoi
8419.89.60 Industrial machinery, plant or equip. for the treat. of mat., involving a change in
temp., for molten-salt-cooled acrylic acid reactors
8419.90.10 Parts of instantaneous or storage water heaters
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ANNEXC
Note: All products that are classified in the 8-digit subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS) that are listed in this Annex are covered by the proposed
action. The product descriptions that are contained in this Annex are provided for informational
purposes only, and are not intended to delimit in any way the scope of the proposed action. Any
questions regarding the scope of particular HTSUS subheadings should be referred to U.S.
Customs and Border Protection. In the product descriptions, the abbreviation "nesoi" means
"not elsewhere specified or included".
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[FR Doc. 2018–13248 Filed 6–19–18; 8:45 am] legal status of the petition or its final • Fax: Fax comments to Docket
BILLING CODE 3290–F8–C disposition. Operations at (202) 493–2251.
DATES: Comments on this petition must Privacy: In accordance with 5 U.S.C.
identify the petition docket number and 553(c), DOT solicits comments from the
must be received on or before July 10, public to better inform its rulemaking
DEPARTMENT OF TRANSPORTATION
2018. process. DOT posts these comments,
Federal Aviation Administration without edit, including any personal
ADDRESSES: Send comments identified
information the commenter provides, to
by docket number FAA–2018–0004
[Summary Notice No. 2018–56] http://www.regulations.gov, as
using any of the following methods:
described in the system of records
• Federal eRulemaking Portal: Go to
Petition for Exemption; Summary of notice (DOT/ALL–14 FDMS), which can
http://www.regulations.gov and follow
Petition Received; Cruiser Aircraft, Inc. be reviewed at http://www.dot.gov/
the online instructions for sending your
privacy.
AGENCY: Federal Aviation comments electronically.
• Mail: Send comments to Docket Docket: Background documents or
Administration (FAA), Department of
Operations, M–30; U.S. Department of comments received may be read at
Transportation (DOT).
Transportation, 1200 New Jersey http://www.regulations.gov at any time.
ACTION: Notice. Follow the online instructions for
Avenue SE, Room W12–140, West
SUMMARY: This notice contains a Building Ground Floor, Washington, DC accessing the docket or go to the Docket
summary of a petition seeking relief 20590–0001. Operations in Room W12–140 of the
from specified requirements of Federal • Hand Delivery or Courier: Take West Building Ground Floor at 1200
sradovich on DSK3GMQ082PROD with NOTICES
Aviation Regulations. The purpose of comments to Docket Operations in New Jersey Avenue SE, Washington, DC
this notice is to improve the public’s Room W12–140 of the West Building 20590–0001, between 9 a.m. and 5 p.m.,
awareness of, and participation in, the Ground Floor at 1200 New Jersey Monday through Friday, except Federal
FAA’s exemption process. Neither Avenue SE, Washington, DC 20590– holidays.
publication of this notice nor the 0001, between 9 a.m. and 5 p.m., FOR FURTHER INFORMATION CONTACT:
inclusion or omission of information in Monday through Friday, except Federal Clarence Garden (202) 267–7489, Office
the summary is intended to affect the holidays. of Rulemaking, Federal Aviation
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