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Current Code of Federal Regulations (eCFR) — the actual text of federal regulations in force. Covers 19 CFR titles with 123,000+ regulatory sections and full-text search.

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18 rows where agency = "USDA" and part_number = 2100 sorted by section_id

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section_id ▼ title_number title_name chapter subchapter part_number part_name subpart subpart_name section_number section_heading agency authority source_citation amendment_citations full_text
7:7:15.1.3.2.1.1.1.1 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks A Subpart A—General Provisions   § 2100.001 Purpose. USDA       The purpose of this rule is to establish technical guidelines for quantifying, reporting, and verifying the greenhouse gas (GHG) emissions associated with agricultural production of biofuel feedstock commodity crops grown in the United States.
7:7:15.1.3.2.1.1.1.2 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks A Subpart A—General Provisions   § 2100.002 Definitions. USDA       Accreditation means a formal recognition by an authorized body that a third-party verifier operates according to a set of standards. Agricultural expert means persons who are employed by the Cooperative Extension System or the agricultural departments of universities, or other persons approved by Federal Crop Insurance Corporation, whose research or occupation is related to the specific crop or practice for which such expertise is sought. Audit means a process for obtaining relevant information about an entity's practices or processes, recordkeeping, and management and evaluating it objectively. Biofuel means a liquid or gaseous fuels and fuel blending components produced from biomass feedstock. Biofuel feedstock crop means a crop that can be used as raw material for biofuel production. Biofuel Feedstock Report means a report generated by a farm producer that includes documentation of carbon intensity calculations and the Farm Producer Attestation. Biofuel refiner means an entity that refines biomass feedstocks into a biofuel. Biomass means any organic material other than oil and natural gas (or any product thereof), and coal (including lignite) or any product thereof. Carbon intensity (CI) means a measure of GHG performance reflecting the estimated quantity of GHG emissions associated with one unit of production. For biofuel feedstock crops, carbon intensity is expressed as grams of carbon dioxide equivalent (CO 2 -eq) per bushel of produced crop (g CO 2 -eq/bushel). Climate-smart agriculture (CSA) crop means a crop that is produced with CSA practices according to subparts A through F of this part. Climate-smart agriculture (CSA) practices means agricultural management, practices, systems, and technologies that have been demonstrated to generally reduce GHG emissions or increase soil carbon sequestration. Conventional crop means a crop that is produced without the use of CSA practices according to this part. Cover crop means grasses, legumes, and forbs planted for seasonal vegetative cov…
7:7:15.1.3.2.1.2.1.1 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks B Subpart B—Applicability   § 2100.010 Entities in the biofuel supply chain. USDA       The supply chain for feedstock crops used in biofuel production begins at a farm and ends at a biofuel refiner. Any entity within this supply chain that produces, processes, or takes ownership of reduced-CI crop or reduced-CI processed product must meet all applicable standards of this part. These entities include farms, first points of aggregation, intermediary entities, and biofuel refiners. If a biofuel refiner sources directly from a farm, the biofuel refiner is the first point of aggregation.
7:7:15.1.3.2.1.2.1.2 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks B Subpart B—Applicability   § 2100.011 Biofuel feedstock crops. USDA       Crops produced using one or more CSA practices, in accordance with subpart F of this part, are referred to as CSA crops. Crops produced without the use of CSA practices are referred to as conventional crops. A farm producer may produce both CSA crops and conventional crops. CSA crops and conventional crops can be physically mixed. Crops that are sold with an associated reduced-CI, as compared to the national average CI, are referred to as reduced-CI crops. Reduced-CI crops may be composed of solely CSA crops or a combination of CSA crops and conventional crops. If CSA crops and conventional crops are produced at the same farm, the commingled crop must have an associated CI that reflects the proportion of CSA crops, quantified in accordance with subpart C of this part. Crops for which a reduced-CI may be quantified include: (a) Field corn; (b) Soybeans; and (c) Sorghum.
7:7:15.1.3.2.1.2.1.3 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks B Subpart B—Applicability   § 2100.012 CSA practices to produce CSA crops. USDA       CSA crops must be produced using one or more CSA practices: (a) Field corn produced using no-till, reduced till, cover crops, nitrification inhibitors, split in-season nitrogen application, or no fall nitrogen application; (b) Soybeans produced using no-till, reduced till, cover crops, or nitrification inhibitors; or (c) Sorghum produced using no-till, reduced till, cover crops, nitrificiation inhibitors, or split in-season nitrogen application.
7:7:15.1.3.2.1.3.1.1 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks C Subpart C—Quantification of Farm-level Crop-specific Carbon Intensity   § 2100.020 Quantification of CI. USDA       Any farm producing and selling reduced-CI crops must calculate a farm-level CI for each crop type (field corn, soybeans, or sorghum). The farm-level crop-specific CI represents the carbon emissions resulting from production of one bushel of that crop. The farm-level crop-specific CI applies to the year in which the crop was harvested, and the total amount of a crop harvested in a given year must be included in the calculation. Once a farm-level CI is calculated for a specific crop, the total amount of that crop is assigned the farm-level crop-specific CI and may be sold as reduced-CI crop. To calculate the farm-level CI for each crop: (a) Farm producers must calculate the CI for each field or management unit on which CSA practice(s) were implemented, in accordance with subpart F of this part, using the U.S. Department of Agriculture (USDA) Feedstock Carbon Intensity Calculator (FD-CIC). This step must be repeated for every field or management unit producing CSA crops. To calculate a field or management unit-level CI in USDA FD-CIC, farm producers must input data on: (1) farm location (county and state); (2) crop type produced; (3) crop yield; (4) field or management unit acres; (5) use of no-till or reduced till; (6) use of a cover crop; (7) timing of nitrogen fertilizer application; and (8) nitrification inhibitor usage. (b) For any conventional crop, farm producers must input crop and yield (excluding yield of crop produced using CSA practices) into USDA FD-CIC. USDA FD-CIC will assign these crops the default national value CI. (c) USDA FD-CIC will use the farm producer inputs from paragraphs (a) and (b) of this section to calculate a weighted average, which is the farm-level crop-specific CI. (d) Farm producers must repeat paragraphs (a) through (c) of this section for each crop type that is sold as reduced-CI.
7:7:15.1.3.2.1.4.1.1 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks D Subpart D—Chain of Custody standards   § 2100.030 General recordkeeping and reporting standards. USDA       (a) The total amount of reduced-CI crop and associated CI must be maintained and tracked from the farm to the biofuel refiner using records and mass balance accounting. (b) Crops with different CIs can be physically mixed at any entity along the supply-chain. (c) Processed products derived from crops (for example, seed oils) can be produced using crops with different CIs. (d) All entities specified in § 2100.010 must maintain required documentation for 5 years from when reduced-CI crops or processed products are sold, including documentation of previous verification activities and audits conducted as required by this part. Documentation must be readily available to accredited third-party verifiers and provided upon request during an audit.
7:7:15.1.3.2.1.4.1.2 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks D Subpart D—Chain of Custody standards   § 2100.031 Farm recordkeeping and reporting standards. USDA       (a) Farm producers must keep records demonstrating implementation of the CSA practices used in calculation of a CI. (1) For reduced till or no-till, see § 2100.051(c), titled Tillage management recordkeeping standards. (2) For cover crops, see § 2100.052(b), titled Cover crop recordkeeping standards. (3) For nutrient management, see § 2100.053(g), titled Nutrient management recordkeeping standards. (b) Farm producers must keep records demonstrating all sales of crop as a reduced-CI crop. These records must indicate the total amount sold, the purchasing entity, and the date of the transaction. (c) For each crop that is sold as a reduced-CI crop, farm producers must prepare and maintain a Biofuel Feedstock Report. Farm producers must provide the Biofuel Feedstock Report to any entity purchasing reduced-CI crop. The Biofuel Feedstock Report must: (1) State the farm name, farm producer name, and farm location (county and state); (2) Demonstrate the quantification of the farm-level crop-specific CI, including: (i) Documentation of USDA FD-CIC calculation for each field or management unit (for example, screenshots or printouts from the USDA FD-CIC excel tool, or similar documentation showing USDA FD-CIC inputs and outputs including CI for each field or management unit) including a unique identifier for each field or management unit; and (ii) Calculation of the farm-level crop-specific CI for each crop; and (3) Include a Farm Producer Attestation declaring that the farm producer: (i) Has operational control over all fields using CSA practices and has decision-making authority to manage fields as specified for practice standards in subpart F of this part; (ii) Implemented CSA practice(s) that were used in calculation of the CI according to the implementation standards in subpart F of this part; (iii) Calculated the farm-level CI as specified in subpart C of this part; (iv) Will retain required records for 5 years and make records available upon request to accredited third-party verifier; (v) Will not doubl…
7:7:15.1.3.2.1.4.1.3 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks D Subpart D—Chain of Custody standards   § 2100.032 First point of aggregation and intermediary entity recordkeeping and reporting standards. USDA       (a) The first point of aggregation and intermediary entities must establish and maintain a reporting system to ensure a clear link between reduced-CI crops and documentation at all times. The first point of aggregation and intermediary entities must have a documented system in place to prevent the double sale of crops associated with a CI. At minimum, the entity must keep: (1) Records of incoming and outgoing reduced-CI crop, including: (i) the total amount of reduced-CI crop purchased, sold, or both; (ii) the entity from and to which the crop was purchased, sold, or both; (iii) the associated CI; and (iv) the date of the transaction; (2) List of and contracts with all suppliers and recipients of reduced-CI crop; and (3) List of and contracts with subcontractors and service providers who have a direct role in data management, accounting, processing, or other activities that involve the receipt, storage, sale, or tracking of reduced-CI crop. (b) In addition to the standards in paragraph (a) of this chapter, the first point of aggregation and intermediary entities must maintain some documentation from the previous entity in the supply chain: (1) The first point of aggregation must maintain the Biofuel Feedstock Report from each farm supplying reduced-CI crops; and (2) Intermediary entities must maintain documentation showing that entities supplying reduced-CI crops or reduced-CI processed products received accredited third-party verification under this part. (c) When a first point of aggregation or intermediary entity sells reduced-CI crops or reduced-CI processed products, the entity must provide the following documentation to the purchasing entity: (1) documentation that the selling entity received third-party verification in accordance with this part; (2) total amount of reduced-CI crop or reduced-CI processed product sold; and (3) CI(s) associated with the amount of reduced-CI crop or reduced-CI processed product sold.
7:7:15.1.3.2.1.4.1.4 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks D Subpart D—Chain of Custody standards   § 2100.033 Additional recordkeeping standards for entities that process reduced-CI crops, or sell or purchase reduced-CI processed product. USDA       (a) Any entity that processes product using reduced-CI crops is subject to additional recordkeeping standards. Processing includes extracting oil from seed oil crops (for example, soybeans). Entities that process reduced-CI crops must: (1) Keep records on processing of reduced-CI crops, including the entity's crushing yield, the amount of reduced-CI crop used in processing, and the corresponding amount of reduced-CI processed product; and (2) Demonstrate calculation of the amount of reduced-CI processed product corresponding to the amount of reduced-CI crop, using the entity specific crushing yield and the following equation: reduced CI processed product = crushing yield × reduced CI crop (b) Any entity that sells or purchases reduced-CI processed product must keep records demonstrating: (1) The amount of reduced-CI crop used as an input for reduced-CI processed product sold or purchased; (2) The CI associated with reduced-CI crop used as an input for reduced-CI processed product sold or purchased; and (3) The amount of reduced-CI processed product sold or purchased.
7:7:15.1.3.2.1.4.1.5 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks D Subpart D—Chain of Custody standards   § 2100.034 Mass balance recordkeeping standards. USDA       (a) First points of aggregation and intermediary entities must calculate and record the mass balance of incoming and outgoing reduced-CI crops, such that the incoming and outcoming amounts of reduced-CI crops with a specific CI are equal over a defined period of time. If an entity processes, purchases, or sells reduced-CI processed product, the mass balance accounting must document the amount of reduced-CI crop that was used in the reduced-CI processed product. (b) To complete mass balance calculations, entities must define mass balance time periods such that mass balance time periods are continuous (that is, no gaps between mass balance periods occur). Each mass balance time period may not exceed three months. Entities must document the mass balance time period used for the mass balance calculation. (c) Entities must provide documentation of the mass balance calculation for each time period to the third-party verifier during audits. (d) For any given CI, records must indicate that incoming and outgoing crops and processed products are balanced according to the equation: incoming feedstock i,c,m + beginning stored feedstock i,c,m = outgoing feedstock i,c,m + ending stored feedstock i,c,m (1) Where feedstocks (incoming, stored, and outgoing) for entity i are identified by their carbon intensity, c, and the pre-defined mass balance accounting time period, m. (i) Incoming feedstocks include those purchased by entity i in time period m. (ii) Outgoing feedstocks must include both sold and discarded or wasted feedstocks in time period m. (iii) Stored feedstocks are those maintained by the entity during time period m and must be accounted for in the mass balance accounting. (iv) If reduced-CI crops or processed product is remaining at the end of a mass balance time period m, it is accounted for as ending stored feedstock for that time period and as beginning stored feedstock for the subsequent time period. (2) To ensure that the mass balance accounting for entity i appropriately accounts for …
7:7:15.1.3.2.1.4.1.6 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks D Subpart D—Chain of Custody standards   § 2100.035 Biofuel refiner recordkeeping standards. USDA       (a) For reduced-CI crop that a biofuel refiner sources directly from a farm, the biofuel refiner is acting as a first point of aggregation and must follow the standards in § 2100.032. (b) For reduced-CI crops and reduced-CI processed products that are sourced from a first point of aggregation or intermediary entity, a biofuel refiner must keep: (1) Records of incoming reduced-CI crops or reduced-CI processed products, which, at a minimum this includes records of incoming reduced-CI crop or reduced-CI processed products, including the total amount of reduced-CI crop or reduced-CI processed product purchased, the entity from which the crop or processed product was purchased, the associated CI, and the date of the transaction; and (2) Documentation that the entity supplying reduced-CI crop or reduced-CI processed product has undergone third-party verification by an accredited third-party verifier and met the standards of this part. (c) For all reduced-CI crops, a biofuel refiner must establish a system to track all incoming reduced-CI crops and the associated CI.
7:7:15.1.3.2.1.5.1.1 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks E Subpart E—Audits and Verification   § 2100.040 Third-party audits. USDA       (a) Audit standards for first point of aggregation. Each audit for a first point of aggregation must meet the following standards. (1) First points of aggregation must hire a third-party verifier to conduct an audit annually; (2) An audit, conducted by a third-party verifier, must verify that the first point of aggregation: (i) Operates a mass balance system as specified in § 2100.034; and (ii) Correctly recorded the CI associated with reduced-CI crops delivered from each farm; and (3) The first point of aggregation must include supplying farms in its audit scope. The first point of aggregation and third-party verifier must adhere to the following standards when selecting the audit sample. (i) The first point of aggregation must provide farm producer information to enable the third-party verifier to select a sample of supplying farms for verification. Farm producer information must include the total number of farms supplying reduced-CI crops, geographic location of each farm, type and amount of crop supplied by each farm, and CI associated with the crop from each farm; (ii) The third-party verifier will determine the total number of farms to be included in the audit sample. The third-party verifier must determine the minimum size of the farm audit sample by taking the square root, rounded up to the nearest whole number, of the total number of farms supplying the first aggregation point with reduced-CI crops; and (iii) The third-party verifier must select the individual farms to be included in the sample for verification. The third-party verifier should select the sample in a way that is representative of supplying farms' characteristics including types of supplied reduced-CI crop, size of farm, geographic location, and risk of non-conformity or fraud. If an audit occurs at the same first aggregation point in subsequent years, the sample of farms should avoid selecting those audited in prior years. (b) Audit standards for farms. Each audit for a farm must meet the following standards. (1) Farms that …
7:7:15.1.3.2.1.5.1.2 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks E Subpart E—Audits and Verification   § 2100.041 Accreditation of third-party verifiers. USDA       Third-party verifiers that conduct audits in accordance with this part must be accredited to ISO 14065: General principles and requirements for bodies validating and verifying environmental information by a member of the International Accreditation Forum.
7:7:15.1.3.2.1.6.1.1 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks F Subpart F—Climate-Smart Agriculture (CSA) Practice Standards   § 2100.050 General. USDA       CSA practices may be implemented individually or in combination on a field or management unit.
7:7:15.1.3.2.1.6.1.2 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks F Subpart F—Climate-Smart Agriculture (CSA) Practice Standards   § 2100.051 Tillage management. USDA       (a) Reduced till standards. To qualify as reduced till under this part, field(s) or management unit(s) must be managed according to the following standards: (1) Tillage methods where the entire soil surface is disturbed by tillage operations such as chisel plowing, field cultivating, tandem disking, vertical tillage, or ridge tillage are permitted, provided that the STIR value is no greater than 80. The STIR value must include all field operations that are performed during the crop interval (that is, from the time immediately following harvest or termination of one cash crop through harvest or termination of the next cash crop in the rotation, including fallow periods). Permitted methods are also commonly referred to as mulch tillage, conservation tillage, or ridge till; (2) Primary inversion tillage implements (for example, moldboard plow) must not be used; (3) Residue must not be burned; and (4) Removing residue from the crop planting row area prior to or as part of the planting operation is allowed. (b) No-till standards. To qualify as no-till under this part, field(s) or management unit(s) must be managed according to the following standards: (1) Full-width soil disturbance must not be performed, from the time immediately following harvest or termination of one cash crop through harvest or termination of the next cash crop in the rotation, regardless of the depth of the tillage operation. Strip tillage and fertilizer injection are permitted, provided that the STIR value is no greater than 20. The STIR value must include all field operations that are performed during the crop interval (that is, from the time immediately following harvest or termination of one cash crop through harvest or termination of the next cash crop in the rotation, including fallow periods); (2) Residue must not be burned; and (3) Removing residue from directly within the seeding, planting, or transplanting area prior to or as part of the planting operation is allowed. (c) Tillage management recordkeeping standards. Farm p…
7:7:15.1.3.2.1.6.1.3 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks F Subpart F—Climate-Smart Agriculture (CSA) Practice Standards   § 2100.052 Cover crop management. USDA       (a) Cover crop standards. To qualify for the cover crop practice under this part, field(s) or management unit(s) must be managed according to the following standards: (1) Cover crop species selection, seedbed preparation, seeding rate(s), seeding date, seeding depth, and seeding method must be consistent with applicable soil and site conditions; (2) When a leguminous cover crop is used individually or as part of a mix, the farm producer must develop a nutrient budget which demonstrates: (i) The available nitrogen resulting from the cover crop; and (ii) An adjustment in total planned nitrogen application to the harvested production crop following the cover crop; (3) Cover crops must be seeded in the fall. Cover crop may be interseeded into an existing or established crop. Cover crop species and seeding dates should not adversely affect crop yield or interfere with the maintenance and harvest process; (4) Cover crops should be seeded as early as possible and terminated as late as practical (late vegetative stage or later), with termination timing established to minimize the risk of yield loss and soil moisture depletion; (5) Cover crops must be terminated via winter kill or using herbicide or non-soil disturbing mechanical methods (that is, roller crimper, mowing) in the spring; (6) Planting green is permitted; (7) Cover crop biomass must not be mechanically harvested or grazed. Residues must remain on the surface following termination and may not be burned; and (8) Cover crops may not be fertilized. (b) Cover crop recordkeeping standards. Farm producers must maintain records for 5 years demonstrating required implementation of the cover crop practice. Records must contain sufficient detail to be readily understood and auditable. Records may be of varying types and origins including, but not limited to, physical documentation (for example, paper forms, invoices, receipts, seed tags), digital files (including from farm management software), data generated by farm equipment (for example, precision agri…
7:7:15.1.3.2.1.6.1.4 7 Agriculture XXI   2100 PART 2100—Technical Guidelines for Climate-Smart Agriculture Crops Used as Biofuel Feedstocks F Subpart F—Climate-Smart Agriculture (CSA) Practice Standards   § 2100.053 Nutrient management. USDA       (a) Nutrient management standards. To qualify for any nutrient management practice (nitrification inhibitors, controlled release fertilizers, no fall application, split in-season application) under this part, field(s) or management unit(s) must be managed according to the following standards: (1) Prior to implementation, the farm producer must develop and document a planned nutrient budget, yield goal, and applications of at a minimum, nitrogen, phosphorous, and potassium (N-P-K) in pounds per acre. The nutrient budget must account for all known measurable nutrient sources and removals. Sources of nitrogen may include, but are not limited to, commercial fertilizers (including starter and in-furrow starter or pop-up fertilizer), animal manures, legume crops, green manures, plant or crop residues, compost, organic by-products, municipal and industrial biosolids, wastewater, organic materials, estimated plant available soil nutrients, and irrigation water; and (2) The farm producer must base the nutrient budget on current soil test results or the professional opinion of an agricultural expert who is employed by the Cooperative Extension System or the agricultural departments of universities, or other persons approved by the Federal Crop Insurance Corporation (FCIC), whose research or occupation is related to the specific crop or practice for which such expertise is sought. Soil test must be no older than 2 years. Tissue testing may be used for monitoring or adjusting the nutrient management plan in accordance with the state LGU guidance, or industry practice recognized by the state LGU. (b) Nitrification inhibitor standards. To qualify for the practice under this part, field(s) or management unit(s) must be managed in accordance with paragraph (a) of this section and with the following standards: (1) The farm producer must apply an inhibitor with all synthetic nitrogen (synthetic N) applications, including any pre-emergent applications. Inhibitors must be defined by the Association of American Plant Food Con…

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CREATE TABLE cfr_sections (
    section_id TEXT PRIMARY KEY,
    title_number INTEGER,
    title_name TEXT,
    chapter TEXT,
    subchapter TEXT,
    part_number TEXT,
    part_name TEXT,
    subpart TEXT,
    subpart_name TEXT,
    section_number TEXT,
    section_heading TEXT,
    agency TEXT,
    authority TEXT,
    source_citation TEXT,
    amendment_citations TEXT,
    full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);
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