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e-CFR Data is current as of November 19, 2009


Title 49: Transportation
PART 571—FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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Subpart A—General

§ 571.1   Scope.

This part contains the Federal Motor Vehicle Safety Standards for motor vehicles and motor vehicle equipment established under section 103 of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718).

[33 FR 19703, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970]

§ 571.3   Definitions.

(a) Statutory definitions. All terms defined in section 102 of the Act are used in their statutory meaning.

(b) Other definitions. As used in this chapter—

Act means the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718).

Approved, unless used with reference to another person, means approved by the Secretary.

Boat trailer means a trailer designed with cradle-type mountings to transport a boat and configured to permit launching of the boat from the rear of the trailer.

Bus means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons.

Curb weight means the weight of a motor vehicle with standard equipment; maximum capacity of engine fuel, oil, and coolant; and, if so equipped, air conditioning and additional weight optional engine.

Designated seating capacity means the number of designated seating positions provided.

Designated seating position means:

(1) For vehicles manufactured prior to September 1, 2010, any plan view location capable of accommodating a person at least as large as a 5th percentile adult female, if the overall seat configuration and design and vehicle design is such that the position is likely to be used as a seating position while the vehicle is in motion, except for auxiliary seating accommodations such as temporary or folding jump seats. Any bench or split-bench seat in a passenger car, truck or multipurpose passenger vehicle with a GVWR less than 4,536 kilograms (10,000 pounds), having greater than 127 centimeters (50 inches) of hip room (measured in accordance with Society of Automotive Engineers (SAE) Recommended Practice J1100a, revised September 1975, “Motor Vehicle Dimensions” (incorporated by reference, see §571.5), shall have not less than three designated seating positions, unless the seat design or vehicle design is such that the center position cannot be used for seating. For the sole purpose of determining the classification of any vehicle sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events, any location in such vehicle intended for securement of an occupied wheelchair during vehicle operation shall be regarded as four designated seating positions.

(2) For vehicles manufactured on and after September 1, 2010, designated seating position means a seat location that has a seating surface width, as described in §571.10(c) of this part, of at least 330 mm (13 inches). The number of designated seating positions at a seat location is determined according to the procedure set forth in §571.10(b) of this part. However, for trucks and multipurpose passenger vehicles with a gross vehicle weight rating greater than 10,000 lbs, police vehicles as defined in S7 of FMVSS No. 208, firefighting vehicles, ambulances, and motor homes, a seating location that is labeled in accordance with S4.4 of FMVSS No. 207 will not be considered a designated seating position. For the sole purpose of determining the classification of any vehicle sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events, any location in such a vehicle intended for securement of an occupied wheelchair during vehicle operation is regarded as four designated seating positions.

Driver means the occupant of a motor vehicle seated immediately behind the steering control system.

Emergency brake means a mechanism designed to stop a motor vehicle after a failure of the service brake system.

5th percentile adult female means a person possessing the dimensions and weight of the 5th percentile adult female specified for the total age group in “Weight, Height, and Selected Body Dimensions of Adults: United States—1960–1962,” first published as Public Health Service Publication No. 1000 Series 11–No. 8, June 1965 and republished as DHEW Publication No. (HRA) 76–1074 (incorporated by reference, see §571.5).

Firefighting vehicle means a vehicle designed exclusively for the purpose of fighting fires.

Fixed collision barrier means a flat, vertical, unyielding surface with the following characteristics:

(1) The surface is sufficiently large that when struck by a tested vehicle, no portion of the vehicle projects or passes beyond the surface.

(2) The approach is a horizontal surface that is large enough for the vehicle to attain a stable attitude during its approach to the barrier, and that does not restrict vehicle motion during impact.

(3) When struck by a vehicle, the surface and its supporting structure absorb no significant portion of the vehicle's kinetic energy, so that a performance requirement described in terms of impact with a fixed collision barrier must be met no matter how small an amount of energy is absorbed by the barrier.

Forward control means a configuration in which more than half of the engine length is rearward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length.

Full trailer means a trailer, except a pole trailer, that is equipped with two or more axles that support the entire weight of the trailer.

Gross axle weight rating or GAWR means the value specified by the vehicle manufacturer as the load-carrying capacity of a single axle system, as measured at the tire-ground interfaces.

Gross combination weight rating or GCWR means the value specified by the manufacturer as the loaded weight of a combination vehicle.

Gross vehicle weight rating or GVWR means the value specified by the manufacturer as the loaded weight of a single vehicle.

H-Point means the pivot center of the torso and thigh on the three-dimensional device used in defining and measuring vehicle seating accommodation, as defined in Society of Automotive Engineers (SAE) Recommended Practice J1100, revised February 2001, “Motor Vehicle Dimensions” (incorporated by reference, see §571.5).

Head impact area means all nonglazed surfaces of the interior of a vehicle that are statically contactable by a 6.5-inch diameter spherical head form of a measuring device having a pivot point to “top-of-head” dimension infinitely adjustable from 29 to 33 inches in accordance with the following procedure, or its graphic equivalent:

(a) At each designated seating position, place the pivot point of the measuring device—

(1) For seats that are adjustable fore and aft, at—

(i) The seating reference point; and

(ii) A point 5 inches horizontally forward of the seating reference point and vertically above the seating reference point an amount equal to the rise which results from a 5–inch forward adjustment of the seat or 0.75 inch; and

(2) For seats that are not adjustable fore and aft, at the seating reference point.

(b) With the pivot point to “top-of-head” dimension at each value allowed by the device and the interior dimensions of the vehicle, determine all contact points above the lower windshield glass line and forward of the seating reference point.

(c) With the head form at each contact point, and with the device in a vertical position if no contact points exists for a particular adjusted length, pivot the measuring device forward and downward through all arcs in vertical planes to 90° each side of the vertical longitudinal plane through the seating reference point, until the head form contacts an interior surface or until it is tangent to a horizontal plane 1 inch above the seating reference point, whichever occurs first.

Interior compartment door means any door in the interior of the vehicle installed by the manufacturer as a cover for storage space normally used for personal effects.

Longitudinal or longitudinally means parallel to the longitudinal centerline of the vehicle.

Low-speed vehicle (LSV) means a motor vehicle,

(1) That is 4-wheeled,

(2) Whose speed attainable in 1.6 km (1 mile) is more than 32 kilometers per hour (20 miles per hour) and not more than 40 kilometers per hour (25 miles per hour) on a paved level surface, and

(3) Whose GVWR is less than 1,361 kilograms (3,000 pounds).

Motorcycle means a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

Motor-driven cycle means a motorcycle with a motor that produces 5-brake horsepower or less.

Motor home means a multi-purpose vehicle with motive power that is designed to provide temporary residential accommodations, as evidenced by the presence of at least four of the following facilities: cooking; refrigeration or ice box; self-contained toilet; heating and/or air conditioning; a potable water supply system including a faucet and a sink; and a separate 110–125 volt electrical power supply and/or propane.

Multifunction school activity bus (MFSAB) means a school bus whose purposes do not include transporting students to and from home or school bus stops.

Multipurpose passenger vehicle means a motor vehicle with motive power, except a low-speed vehicle or trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.

Open-body type vehicle means a vehicle having no occupant compartment top or an occupant compartment top that can be installed or removed by the user at his convenience.

Outboard designated seating position means a designated seating position where a longitudinal vertical plane tangent to the outboard side of the seat cushion is less than 12 inches from the innermost point on the inside surface of the vehicle at a height between the design H-point and the shoulder reference point (as shown in fig. 1 of Federal Motor Vehicle Safety Standard No. 210) and longitudinally between the front and rear edges of the seat cushion.

Overall vehicle width means the nominal design dimension of the widest part of the vehicle, exclusive of signal lamps, marker lamps, outside rearview mirrors, flexible fender extensions, and mud flaps, determined with doors and windows closed and the wheels in the straight-ahead position.

Parking brake means a mechanism designed to prevent the movement of a stationary motor vehicle.

Passenger car means a motor vehicle with motive power, except a low-speed vehicle, multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying 10 persons or less.

Pelvic impact area means that area of the door or body side panel adjacent to any outboard designated seating position which is bounded by horizontal planes 7 inches above and 4 inches below the seating reference point and vertical transverse planes 8 inches forward and 2 inches rearward of the seating reference point.

Pole trailer means a motor vehicle without motive power designed to be drawn by another motor vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections.

Recreation vehicle trailer means a trailer, except a trailer designed primarily to transport cargo, designed to be drawn by a vehicle with motive power by means of a bumper, frame or fifth wheel hitch and designed to provide temporary residential accommodations, as evidenced by the presence of at least four of the following facilities: cooking; refrigeration or ice box; self-contained toilet; heating and/or air conditioning; a potable water supply system including a faucet and a sink; and a separate 110–125 volt electrical power supply and/or propane. “Recreation vehicle trailer” includes trailers used for personal purposes, commonly known as “sport utility RVs” or “toy haulers,” which usually have spacious rather than incidental living quarters and provide a cargo area for smaller items for personal use such as motorcycles, mountain bikes, all terrain vehicles (ATVs), snowmobiles, canoes or other types of recreational gear.

School bus means a bus that is sold, or introduced in interstate commerce, for purposes that include carrying students to and from school or related events, but does not include a bus designed and sold for operation as a common carrier in urban transportation.

Seating reference point (SgRP) means the unique design H-point, as defined in Society of Automotive Engineers (SAE) Recommended Practice J1100, revised June 1984, “Motor Vehicle Dimensions” (incorporated by reference, see §571.5), which:

(1) Establishes the rearmost normal design driving or riding position of each designated seating position, which includes consideration of all modes of adjustment, horizontal, vertical, and tilt, in a vehicle;

(2) Has X, Y, and Z coordinates, as defined in Society of Automotive Engineers (SAE) Recommended Practice J1100, revised June 1984, “Motor Vehicle Dimensions” (incorporated by reference, see §571.5), established relative to the designed vehicle structure;

(3) Simulates the position of the pivot center of the human torso and thigh; and

(4) Is the reference point employed to position the two-dimensional drafting template with the 95th percentile leg described in Society of Automotive Engineers (SAE) Standard J826, revised May 1987, “Devices for Use in Defining and Measuring Vehicle Seating Accommodation” (incorporated by reference, see §571.5), or, if the drafting template with the 95th percentile leg cannot be positioned in the seating position, is located with the seat in its most rearward adjustment position.

Semitrailer means a trailer, except a pole trailer, so constructed that a substantial part of its weight rests upon or is carried by another motor vehicle.

Service brake means the primary mechanism designed to stop a motor vehicle.

Speed attainable in 1 mile means the speed attainable by accelerating at maximum rate from a standing start for 1 mile, on a level surface.

Speed attainable in 2 miles means the speed attainable by accelerating at maximum rate from a standing start for 2 miles, on a level surface.

Torso line means the line connecting the “H” point and the shoulder reference point as defined in Society of Automotive Engineers (SAE) Standard J787b, revised September 1966, “Motor Vehicle Seat Belt Anchorage” (incorporated by reference, see §571.5).

Trailer means a motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

Trailer converter dolly means a trailer chassis equipped with one or more axles, a lower half of a fifth wheel and a drawbar.

Truck means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.

Truck tractor means a truck designed primarily for drawing other motor vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn.

Unloaded vehicle weight means the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo, occupants, or accessories that are ordinarily removed from the vehicle when they are not in use.

95th percentile adult male means a person possessing the dimensions and weight of the 95th percentile adult male specified “Weight, Height, and Selected Body Dimensions of Adults: United States—1960–1962,” first published as Public Health Service Publication No. 1000 Series 11-No. 8, June 1965 and republished as DHEW Publication No. (HRA) 76–1074 (incorporated by reference, see §571.5).

Vehicle fuel tank capacity means the tank's unusable capacity (i.e., the volume of fuel left at the bottom of the tank when the vehicle's fuel pump can no longer draw fuel from the tank) plus its usable capacity (i.e., the volume of fuel that can be pumped into the tank through the filler pipe with the vehicle on a level surface and with the unusable capacity already in the tank). The term does not include the vapor volume of the tank (i.e., the space above the fuel tank filler neck) nor the volume of the fuel tank filler neck.

(c) Any State requirement, including any determination under State tort law premised on there being more designated seating positions in a motor vehicle than the number contemplated in the definition of “designated seating position” in paragraph (b) of this section would prevent, hinder or frustrate the accomplishment of the purposes of the Federal Motor Vehicle Safety Standards in Part 571 of this title, and is thus preempted by this regulation.

[33 FR 19703, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970]

Editorial Note:   ForFederal Registercitations affecting §571.3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 571.4   Explanation of usage.

The word any, used in connection with a range of values or set of items in the requirements, conditions, and procedures of the standards or regulations in this chapter, means generally the totality of the items or values, any one of which may be selected by the Administration for testing, except where clearly specified otherwise.

Examples:   “The vehicle shall meet the requirements of S4.1 when tested at any point between 18 and 22 inches above the ground.” This means that the vehicle must be capable of meeting the specified requirements at every point between 18 and 22 inches above the ground. The test in question for a given vehicle may call for a single test (a single impact, for example), but the vehicle must meet the requirement at whatever point the Administration selects, within the specified range.

“Each tire shall be capable of meeting the requirements of this standard when mounted on any rim specified by the manufacturer as suitable for use with that tire.” This means that, where the manufacturer specifies more than one rim as suitable for use with a tire, the tire must meet the requirements with whatever rim the Administration selects from the specified group.

“Any one of the items listed below may, at the option of the manufacturer, be substituted for the hardware specified in S4.1.” Here the wording clearly indicates that the selection of items is at the manufacturer's option.

[36 FR 2511, Feb. 5, 1971]

§ 571.5   Matter incorporated by reference

(a) Documents listed in this section and additional documents referred to in subpart B of this part have been incorporated by reference into this part. The Director of the Federal Register approved the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1 CFR part 51. For materials subject to change, only the specific version approved by the Director of the Federal Register and specified in this section or in subpart B of this part are incorporated. A notice of any change in these materials will be published in theFederal Register.Anyone may inspect copies at the NHTSA Reading Room, 1200 New Jersey Avenue, Washington, DC 20590 and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html . Approved materials are available from the sources indicated in paragraph (b) of this section.

(b) The materials approved for incorporation by reference in this part and the sections and paragraphs (if applicable) affected include, but are not limited to, as follows:

American Association of Textile Chemists and Colorists (AATCC), 1 Davis Dr., P.O. Box 12215, Research Triangle Park, NC 27709
American National Standards Institute (ANSI), 1700 North Moore St., Suite 1540, Arlington, VA 22209–1903
American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959
General Services Administration (GSA), Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402
Illuminating Engineering Society of North America (IES), 120 Wall St., 7th Floor, New York, NY 10005
Department of Defense, DODSSP Standardization Document Order Desk, 700 Robbins Ave., Philadelphia, PA 19111–5098
National Center for Health Statistics, Centers for Disease Control (CDC), National Division for Health Statistics, Division of Data Services, Hyattsville, MD 20782. Phone: 1–800–232–4636; Web: http://www.cdc.gov/nchs
“Weight, Height, and Selected Body Dimensions of Adults: United States—1960–1962,” first published as Public Health Service Publication No. 1000 Series 11-No. 8, June 1965 and republished as DHEW Publication No. (HRA) 76–1074571.3
National Highway Traffic Safety Administration (NHTSA), Office of Vehicle Safety Standards, DOT–NHTSA, 1200 New Jersey Ave, SE., Washington, DC 20590
Society of Automotive Engineers, Inc. (SAE), 400 Commonwealth Drive, Warrendale, Pennsylvania 15096. Phone: 1–724–776–4841; Web: http://www.sae.org
Society of Automotive Engineers (SAE) Standard J787b, revised September 1966, “Motor Vehicle Seat Belt Anchorage”571.3
Society of Automotive Engineers (SAE) Standard J826, revised May 1987, “Devices for Use in Defining and Measuring Vehicle Seating Accommodation”571.3; 571.210
Society of Automotive Engineers (SAE) Recommended Practice J1100a, revised September 1975, “Motor Vehicle Dimensions”571.3
Society of Automotive Engineers (SAE) Recommended Practice J1100, revised June 1984, “Motor Vehicle Dimensions”571.3; 571.210
Society of Automotive Engineers (SAE) Recommended Practice J1100, revised February 2001, “Motor Vehicle Dimensions”571.3
Society of Automotive Engineers (SAE) Surface Vehicle Standard J826, revised July 1995, “Devices for Use in Defining and Measuring Vehicle Seating Accommodation”571.10
United Nations, Conference Services Division, Distribution and Sales Section, Office C.115–1, Palais des Nations, CH–1211, Geneva 10, Switzerland. Copies of Regulations also are available on the ECE internet Web site: www.unece.org/trans/main/wp29/wp29regs.html

[73 FR 58896, Oct. 8, 2008]

§ 571.7   Applicability.

(a) General. Except as provided in paragraphs (c) and (d) of this section, each standard set forth in subpart B of this part applies according to its terms to all motor vehicles or items of motor vehicle equipment the manufacture of which is completed on or after the effective date of the standard.

(b) [Reserved]

(c) Military vehicles. No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications.

(d) Export. No standard applies to a vehicle or item of equipment in the circumstances provided in section 108(b)(5) of the Act (15 U.S.C. 1397 (b)(5)).

(e) Combining new and used components. When a new cab is used in the assembly of a truck, the truck will be considered newly manufactured for purposes of paragraph (a) of this section, the application of the requirements of this chapter, and the Act, unless the engine, transmission, and drive axle(s) (as a minimum) of the assembled vehicle are not new, and at least two of these components were taken from the same vehicle.

(f) Combining new and used components in trailer manufacture. When new materials are used in the assembly of a trailer, the trailer will be considered newly manufactured for purposes of paragraph (a) of this section, the application of the requirements of this chapter, and the Act, unless, at a minimum, the trailer running gear assembly (axle(s), wheels, braking and suspension) is not new, and was taken from an existing trailer—

(1) Whose identity is continued in the reassembled vehicle with respect to the Vehicle Identification Number; and

(2) That is owned or leased by the user of the reassembled vehicle.

[33 FR 19703, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970, and amended at 36 FR 7855, Apr. 27, 1971; 38 FR 12808, May 16, 1973; 40 FR 49341, Oct. 22, 1975; 41 FR 27074, July 1, 1976]

§ 571.8   Effective date.

(a) Firefighting vehicles. Notwithstanding the effective date provisions of the motor vehicle safety standards in this part, the effective date of any standard or amendment of a standard issued after September 1, 1971, to which firefighting vehicles must conform shall be, with respect to such vehicles, either 2 years after the date on which such standard or amendment is published in the rules and regulations section of theFederal Register,or the effective date specified in the notice, whichever is later, except as such standard or amendment may otherwise specifically provide with respect to firefighting vehicles.

(b) Vehicles built in two or more stages vehicles and altered vehicles. Unless Congress directs or the agency expressly determines that this paragraph does not apply, the date for manufacturer certification of compliance with any standard, or amendment to a standard, that is issued on or after September 1, 2006 is, insofar as its application to intermediate and final-stage manufacturers and alterers is concerned, one year after the last applicable date for manufacturer certification of compliance. Nothing in this provision shall be construed as prohibiting earlier compliance with the standard or amendment or as precluding NHTSA from extending a compliance effective date for intermediate and final-stage manufacturers and alterers by more than one year.

[70 FR 7435, Feb. 14, 2005]

§ 571.9   Separability.

If any standard established in this part or its application to any person or circumstance is held invalid, the remainder of the part and the application of that standard to other persons or circumstances is not affected thereby.

[33 FR 19705, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970]

§ 571.10   Designation of seating positions.

(a) Application. This section applies to passenger cars, trucks, multipurpose passenger vehicles, and buses manufactured on or after September 1, 2010. However, paragraph (b) of this section does not apply to trucks and multipurpose passenger vehicles with a gross vehicle weight rating greater than 10,000 lbs, school buses, police vehicles as defined in S7 of Standard No. 208 (49 CFR 571.208), firefighting vehicles, ambulances, or motor homes. To determine the number of passenger seating positions in school buses, see S4.1 of Standard No. 222 (49 CFR 571.222).

(b) Number of designated seating positions. The formula for calculating the number of designated seating positions (N) for any seat location with a seating surface width greater than 330 mm (13 inches) is as follows:

(1) For seat locations with a seating surface width, as described in paragraph (d), of less than 1400 mm (55.2 inches): N = [Seating surface width (in mm)/350] round down to the nearest whole number;

(2) For seat locations with a seating surface width, as described in paragraph (d), greater than or equal to 1400 mm (55.2 inches): N = [Seating surface width (in mm)/450] round down to the nearest whole number.

(c) Seating surface measurement. (1) As used in this section, “seating surface width” is the maximum width of a seating surface measured in a zone extending from a transverse vertical plane 150 mm (5.9 inches) behind the front leading surface of that seating surface to a transverse vertical plane 250 mm (9.8 inches) behind that front leading surface, measured horizontally and longitudinally.

(2) Adjacent seating surfaces are considered to form a single, continuous seating surface whose overall width is measured as specified in (c)(1) of this section, unless

(i) The seating surfaces are separated by:

(A) A fixed trimmed surface whose top surface is unpadded and that has a width not less than 140 mm (5.5 inches), as measured in each transverse vertical plane within that measurement zone, or

(B) A void whose cross section in each transverse vertical plane within that measurement zone is a rectangle that is not less than 140 mm (5.5 inches) wide and not less than 140 mm (5.5 inches) deep. The top edge of the cross section in any such plane is congruent with the transverse horizontal line that intersects the lowest point on the portion of the top profile of the seating surfaces that lie within that plane, or

(ii) Interior trim interrupts the measurement of the nominal hip room of the seating surfaces, measured laterally along the “X” plane through the H-point. For purposes of this paragraph, the H-point is located using the SAE three-dimensional H-point machine per Society of Automotive Engineers (SAE) Surface Vehicle Standard J826, revised July 1995, “Devices for Use in Defining and Measuring Vehicle Seating Accommodation” (incorporated by reference, see section 571.5) with the legs and leg weights removed, or

(iii) The seating surfaces are adjacent outboard seats, and the lateral distance between any point on the seat cushion of one seat and any point on the seat cushion of the other seat is not less than 140 mm (5.5 inches).

(3) Folding, removable, and adjustable seats are measured in the configuration that results in the single largest maximum seating surface width.

[73 FR 58897, Oct. 8, 2008]

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