[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Proposed Rules]
[Pages 12788-12792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03253]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-T]
RIN 2120-AA64


Airworthiness Directives; Airbus Canada Limited Partnership (Type 
Certificate Previously Held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) and 
an SNPRM that would have applied to certain Airbus Canada Limited 
Partnership Model BD-500-1A11 airplanes. This action revises the SNPRM 
by adding airplanes. The FAA is proposing this airworthiness directive 
(AD) to address the unsafe condition on

[[Page 12789]]

these products. Since these actions would impose an additional burden 
over those in the NPRM and previous SNPRM, the FAA is requesting 
comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by April 5, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1650; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains the notice of proposed rulemaking (NPRM), original 
SNPRM, this SNPRM, the mandatory continuing airworthiness information 
(MCAI), any comments received, and other information. The street 
address for Docket Operations is listed above.
    Material Incorporated by Reference:
    <bullet> For Transport Canada material that is proposed for 
incorporation by reference in this SNPRM, contact Transport Canada, 
Transport Canada National Aircraft Certification, 159 Cleopatra Drive, 
Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
<a href="/cdn-cgi/l/email-protection#0d594e234c647f7a627f79656463687e7e49647f686e79647b687e204e62637e646a63687e6968636c7b646a6c6f646164796823594e4d796e236a6e236e6c"><span class="__cf_email__" data-cfemail="0b5f48254a62797c64797f6362656e78784f62796e687f627d6e782648646578626c656e786f6e656a7d626c6a696267627f6e255f484b7f68256c6825686a">[email protected]</span></a>; website 
tc.canada.ca/en/aviation. It is also available at regulations.gov under 
Docket No. FAA-2022-1650.
    <bullet> For Airbus Canada Limited Partnership material that is 
proposed for incorporation by reference in this SNPRM, contact Airbus 
Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, 
Qu[eacute]bec, J7N 3C6, Canada; telephone 450-476-7676; email 
<a href="/cdn-cgi/l/email-protection#c8a9fafaf897abbaab88a9aaabe6a9a1baaabdbb"><span class="__cf_email__" data-cfemail="54356666640b372637143536377a353d26362127">[email protected]</span></a>; website a220world.airbus.com.
    <bullet> You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#b48d99d5c2c799dacdd5d7db99d7dbc7f4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="dbe2f6baada8f6b5a2bab8b4f6b8b4a89bbdbabaf5bcb4ad">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1650; Project Identifier 
MCAI-2022-00210-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this SNPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this SNPRM contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this SNPRM, it is important that you clearly designate 
the submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' The FAA will treat such marked 
submissions as confidential under the FOIA, and they will not be placed 
in the public docket of this SNPRM. Submissions containing CBI should 
be sent to Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; 
email <a href="/cdn-cgi/l/email-protection#1a23377b6c693774637b7975377975695a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="cdf4e0acbbbee0a3b4acaea2e0aea2be8dabacace3aaa2bb">[email protected]</span></a>. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Airbus Canada Limited Partnership Model BD-500-
1A11 airplanes. The NPRM published in the Federal Register on December 
20, 2022 (87 FR 77763). The NPRM was prompted by AD CF-2022-04, dated 
February 14, 2022, issued by Transport Canada, which is the aviation 
authority for Canada (Transport Canada AD CF-2022-04). Transport Canada 
AD CF-2022-04 states that the nose radome lightning diverter strips on 
certain aircraft were painted in production; paint on the diverter 
strips can compromise the nose radome lightning protection. Reduced 
effectiveness of the diverter strips can lead to the puncture of the 
nose radome by lightning and potential arc attachment to antennas, 
structures, and other equipment in the area of the nose radome. The 
unsafe condition, if not addressed, could result in damage to the 
localizer or glideslope antennas, and consequent loss of instrument 
landing system localizer inputs or deviation information.
    In the NPRM, the FAA proposed to require inspecting for paint on 
the diverter strips on the nose radome, and replacing the nose radome, 
if necessary, as specified in Transport Canada AD CF-2022-04.
    The FAA issued an SNPRM to amend 14 CFR part 39 by adding an AD 
that would apply to certain Airbus Canada Limited Partnership Model BD-
500-1A11 airplanes. The SNPRM published in the Federal Register on July 
14, 2023 (88 FR 45102). The SNPRM was prompted by a determination that 
the applicability should be revised because the affected nose radomes 
may be installed as rotable spares on airplanes outside of the 
applicability of the NPRM, thereby subjecting those airplanes to the 
identified unsafe condition. In the SNPRM, the FAA proposed to expand 
the applicability to apply to airplanes equipped with specific part 
numbers and serial numbers of nose radomes.

Actions Since the SNPRM Was Issued

    Since the FAA issued the SNPRM, the FAA determined that the 
applicability of the proposed AD should be revised. The FAA has 
determined that the affected nose radomes may be installed as rotable 
spares on the Airbus Canada Limited Partnership Model BD-500-1A10 
airplane model, which is currently outside of the applicability of the 
NPRM and SNPRM, thereby subjecting those airplanes to the identified 
unsafe condition. Therefore, this proposed AD has been expanded to 
apply to Model BD-500-1A10 airplanes, as well as Model BD-500-1A11 
airplanes, equipped with the specific part numbers and serial numbers 
previously

[[Page 12790]]

addressed. The FAA is proposing this AD to address reduced 
effectiveness of the diverter strips, which could result in damage to 
the localizer or glideslope antennas, and consequent loss of instrument 
landing system localizer or deviation information.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1650.

Comments

    The FAA received comments from the Air Line Pilots Association, 
International (ALPA), who supported the SNPRM without change.
    The FAA received additional comments from Delta Airlines. The 
following presents the comments received on the SNPRM and the FAA's 
response to each comment.

Request for Change to Applicability

    Delta requested the proposed applicability be changed to include 
Model BD-500-1A10 airplanes. Delta stated that the nose radome is a 
rotable component that is also compatible with Model BD-500-1A10 
airplanes, as specified in the A220 Illustrated Parts Data Publication 
(IPDP), and may be moved from the original Model BD-500-1A11 airplane 
to a Model BD-500-1A10 airplane over time.
    The FAA agrees with the request to include Model BD-500-1A10 
airplanes to the applicability in this proposed AD after verifying with 
Transport Canada that this model aircraft is affected by the unsafe 
condition. The FAA has revised paragraph (c) of this proposed AD 
accordingly.

Request for Revision of Affected Part Numbers and Serial Numbers

    Delta requested the removal of the following part numbers from 
paragraph (i) of the proposed AD (in the SNPRM): C01204101-003, 
C01204101-005, C01204101-011. Delta also requested that paragraph (i) 
of the proposed AD (in the SNPRM) be revised to include the following 
serial numbers: S456997, S570556, S626945, S866894, T099675, T471773, 
T595935. Delta stated that Airbus Canada confirmed only the radomes 
having part and serial numbers specified in paragraph (c) of the 
proposed AD (in the SNPRM) are affected by the unsafe condition.
    The FAA agrees with the request for the reasons provided, and has 
revised paragraph (i) of this proposed AD accordingly.

Request for Correction to Issue Date on Reference Material

    Delta requested the review and, if applicable, correction to the 
reference issuance date of SB BD500-538009, Issue 001 in paragraph (j) 
of the proposed AD (in the SNPRM). Delta stated that it believes the 
issuance date should be May 9, 2022.
    The FAA agrees with Delta's request to correct the issuance date of 
SB BD500-538009, Issue 001 from April 8, 2022 to May 9, 2022, and has 
revised paragraph (j) of this proposed AD accordingly.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-04 specifies procedures for inspecting 
for paint on the lightning diverter strips on the nose radome, and 
replacing the nose radome if the lightning diverter strips are painted.
    The FAA also reviewed Airbus Canada Limited Partnership A220 
Service Bulletin BD500-538009, Issue 002, dated June 2, 2022. This 
service information specifies procedures for inspecting for paint on 
the lightning diverter strips on the nose radome, and replacing and 
painting the nose radome if the lightning diverter strips are painted.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this SNPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.
    Certain changes described above expand the scope of the SNPRM. As a 
result, it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would require accomplishing the actions specified 
in Transport Canada AD CF-2022-04 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate Transport Canada AD CF-2022-04 by reference 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with Transport Canada AD CF-2022-04 in its entirety through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this proposed AD. Service information 
required by Transport Canada AD CF-2022-04 for compliance will be 
available at regulations.gov under Docket No. FAA-2022-1650 after the 
FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 7 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................            $0 *             $510           $3,570
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts cost estimate for the nose radome
  replacement.

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

[[Page 12791]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Airbus Canada Limited Partnership (Type Certificate Previously Held 
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): 
Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes, certificated in any category, 
with a nose radome having part number (P/N) C01204101-007 or P/N 
C01204101-009 and a serial number (S/N) S456997, S/N S570556, S/N 
S626945, S/N S866894, S/N T099675, S/N T471773, or S/N T595935.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that the nose radome lightning 
diverter strips on certain aircraft were painted in production; 
paint on the diverter strips can compromise the nose radome 
lightning protection. The FAA is issuing this AD to address reduced 
effectiveness of the diverter strips, which can lead to the puncture 
of the nose radome by lightning and potential arc attachment to 
antennas, structures, and other equipment in the area of the nose 
radome. The unsafe condition, if not addressed, could result in 
damage to the localizer or glideslope antennas, and consequent loss 
of instrument landing system localizer inputs or deviation 
information.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Transport Canada AD CF-2022-04, dated February 14, 
2022 (Transport Canada AD CF-2022-04).

(h) Exception to Transport Canada AD CF-2022-04

    (1) Where Transport Canada AD CF-2022-04 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2022-04 specifies removing and 
installing a nose radome using certain aircraft maintenance 
publication data modules, this AD also allows accomplishing those 
actions in accordance with Airbus Canada Limited Partnership A220 
Service Bulletin BD500-538009, Issue 002, dated June 2, 2022, with 
the exception that the painting of the nose radome can be 
accomplished prior to installation, and that the following nose 
radome assembly part numbers may be used: P/N C01204101-003, P/N 
C01204101-005, P/N C01204101-007, P/N C01204101-009, and P/N 
C01204101-011.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
any airplane, a nose radome having part number (P/N) C01204101-007 
or P/N C01204101-009 and a serial number (S/N) S456997, S/N S570556, 
S/N S626945, S/N S866894, S/N T099675, S/N T471773, or S/N T595935 
unless the actions required by paragraph (g) of this AD have been 
accomplished on the nose radome.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Canada Limited Partnership A220 Service 
Bulletin BD500-538009, Issue 001, dated May 9, 2022.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (l)(1) of this AD. Information may be emailed to: 9-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c6879095eb889f878589eb85899586a0a7a7e8a1a9b0">[email protected]</a>. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or Transport Canada; or Airbus Canada 
Limited Partnership's Transport Canada Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (k)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

[[Page 12792]]

(l) Additional Information

    (1) For more information about this AD, contact Steven 
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#2e17034f585d0340574f4d41034d415d6e484f4f00494158"><span class="__cf_email__" data-cfemail="665f4b0710154b081f0705094b0509152600070748010910">[email protected]</span></a>.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(4) and (5) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Canada Limited Partnership A220 Service Bulletin 
BD500-538009, Issue 002, dated June 2, 2022.
    (ii) Transport Canada AD CF-2022-04, dated February 14, 2022.
    (3) For Transport Canada AD CF-2022-04, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email <a href="/cdn-cgi/l/email-protection#1440573a557d66637b66607c7d7a716767507d667177607d62716739577b7a677d737a716770717a75627d7375767d787d60713a40575460773a73773a7775"><span class="__cf_email__" data-cfemail="6d392e432c041f1a021f19050403081e1e29041f080e19041b081e402e02031e040a03081e0908030c1b040a0c0f040104190843392e2d190e430a0e430e0c">[email protected]</span></a>; website tc.canada.ca/en/
aviation.
    (4) For Airbus Canada Limited Partnership material incorporated 
by reference in this AD, contact Airbus Canada Limited Partnership, 
13100 Henri-Fabre Boulevard, Mirabel, Qu[eacute]bec, J7N 3C6, 
Canada; telephone 450-476-7676; email <a href="/cdn-cgi/l/email-protection#f998cbcbc9a69a8b9ab9989b9ad798908b9b8c8a"><span class="__cf_email__" data-cfemail="4a2b78787a152938290a2b2829642b2338283f39">[email protected]</span></a>; website 
a220world.airbus.com.
    (5) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (6) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations, or email <a href="/cdn-cgi/l/email-protection#f29480dc9b9c81829791869b9d9cb29c938093dc959d84"><span class="__cf_email__" data-cfemail="4e283c6027203d3e2b2d3a2721200e202f3c2f60292138">[email protected]</span></a>.

    Issued on February 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-03253 Filed 2-16-24; 8:45 am]
BILLING CODE 4910-13-P


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