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The National Association
of Marine Surveyors, Inc. The NAMSGlobal eNews |
January 27, 2010
Greetings Website Visitor
NAMSGlobal eNews William C. Hansen, President
President's Message NAMS Applicants, Changes, etc. Surveying Uninspected Commercial Vessels Terminal Operators Face Claims Examination of Container Stack Collapse Exception To Yacht Policy Exclusion Encouragement & Proportionality in Salvage Awards Extended Work Hours May Constitute Unseaworthiness
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Presidents Message Happy New Years from NAMSGlobal. We are entering a new year, with great
prospects. In November NAMS is holding its 48th Annual National Marine Conference East April 25th -27th in Charleston, SC. Janet Peck and her team are currently finalizing the arrangements and it looks like that it will be one of the most aggressive agenda we have had in a very long time. In addition, Janet accepted the position as Chair of the Education Committee to help further support our members in providing education opportunities for our membership. Remember, this conference provides members one of the best opportunities to obtain continuing education. I strongly encourage all members to contact and invite their friends in the industry, and non-NAMSGlobal members this conference. William C Hansen, NAMS-CMS, National President
2010 Dues - Dues statements were mailed to the membership in December, 2009. Please contact Evie in the NAMS office if you have not received your dues notice. Members who would like to arrange their dues payment into three monthly installments can do so by sending in their first payment in January with a written request on your invoice, followed by a payment in February, with last payment before the March 31, 2010 deadline. All dues and final payments must be received by March 31st to avoid the 25% surcharge. NAMS accepts MasterCard and Visa. Continuing Education Credits - Please send in your continuing education credits as they are earned during the year. The current CE period is November 1, 2009 October 31, 2010. Doing so will allow the NAMS office next November to focus time on other services and needs for the members. Election Results - The results of the election for NAMS National President and National Vice President for the Class of 2010/2011 were compiled and certified in December by the election Tellers: Edward Shearer, NAMS-CMS, National Secretary; Steven Weiss, NAMS-CMS and Ronald Sikora, NAMS-CMS. NAMS is pleased to announce that Mr. Richard Frenzel, NAMS-CMS is the National President Elect, and Mr. Greg Gant, NAMS-CMS is the National Vice President Elect. And a Thank You to Mark Shiffer for the time you put into your campaign and your continued willingness to serve NAMS.
We are sad to report that Peter Gruny, of Diego Martin, Trinidad, West Indies passed away on January 1, 2010. Mr. Gruny was a NAMS member since 1998.
NAMS Applicants, New Members, & Changes In Status
Upcoming Educational Events 11 February 2010, Alameda, CA - NAMS Central Pacific Region Meeting The topic is the upcoming NAMSGlobal Fall 2010 Conference in San Francisco, CA and regional officer nominations. There is also a guest speaker. For more information, please contact Joseph Rodgers at 831.475.4468 or jrodgers@rodgersandassociates.com 17-18 February 2010, London, UK International Conference on Marine Coatings (Call for Papers) More info at: http://www.rina.org.uk/marinecoatings2010 20 February 2010, Tampa, FL - South Atlantic Region meeting Dick Learned, RVP will conduct a planning session for the S. Atlantic Region. Dick Fenzel, National President Elect will be in attendance and speak on plans for the organization nationally and also will give a presentation on Joint Surveys. Ralph Wood will give a presentation on Cargo, Container and Facilities security issues. Mike Beijar will talk about the NAMSGlobal website and its benefit to our members and also talk about the importance of individual member websites. He will also talk about the NAMSGlobal eNews (formally the NAMS News). The cost is $50 / person and includes lunch (Cuban sandwiches). The meeting location is The Holiday Inn Express at 3035 North Rocky Point Drive E., Tampa. Its only a few minutes from Tampa International Airport (free shuttle to and from airport) and from I275 (use your favorite map program for directions). We have a Group Room Rate of $80 / night (plus taxes) for those coming in on Friday and / or wishing to stay over on Saturday night. For the Group Room Rate, please call Carolina Pacheco, sales manager, at 813.289.6262 x602 for reservations and tell her National Association of Marine Surveyors. 27 - 28 February 2010, Moorhead City, NC - Draft Survey Course Marine Cargo
Consultants, LLC will be holding a two-day school of instruction on the practice of
draught surveys February 27 - 28 in 11-14 March, 2010, San Francisco, California American Society of Appraisers is giving the ME 208 Marine Equipment Appraisal course in San Francisco, California. It will be put on by ASA NorCal Chapter. Details will be posted on the ASA website. Location: L'Olivier Restaurant, 465 Davis Court, San Francisco, Ca 94111 Tel. 415-981-7824 Norman Laskay, ASA, NAMS-CMS and Capt. Joseph Rodgers, ASA, NAMS-CMS will offer the 4-day MTS course ME208 Marine Survey. This course is designed for the marine professional who wants to learn more about the appraisal side of the industry and the non-marine professional who wants basic knowledge of the industry. The course may be taken as a three-day seminar or, with an optional three hour exam on the fourth day, as an accredited course. Course/seminar includes a field trip to a shipyard to inspect a vessel under the guidance of two expert surveyors. Continental breakfast and lunch will be provided. Manual included. Register before February 11, 2010 for discount rate You will learn:
17-19 March 2010, The 5th 25 - 27 April, 2010, Charleston, South Carolina NAMSGlobal 48th Annual National Marine Conference East. Conference theme: In Pursuit of Excellence. Conference Chair, Janet Peck, NAMS-CMS. Location: The Embassy Suites Historic Charleston, 337 Meeting Street, Charleston, South Carolina 29403. Room rate $179.00 plus taxes per night for a 2-Room Suite. Further details will be available at http://www.namsglobal.org/events For hotel reservations phone 843.723.6900. In order to receive the special group rates, you will need to make your room reservation by Wednesday, March 24, 2010, and identify the group and dates of the events. NAMS Group Code: NMS 17-19 May, 2010, The 2010 Clean Atlantic conference is being planned. The three-day conference will focus on environmental and wildlife issues, and a significant portion of the panel discussions will be focused on the upcoming Salvage & Firefighting regulations. More information will be posted at the website: http://www.cleanatlantic.org 22- 24 August, 2010 NAMSGlobal 42nd Annual National Marine Conference West: Conference Chair, Lorne Gould, NAMS-CMS. Location: Radisson Hotel Fishermans Wharf, 250 Beach Street, San Francisco, CA. 94133. Room rate $129.00 plus taxes per night. For direct hotel reservations phone 415.392.6700 or Central Reservations 877.497.1212. In order to receive the special group rates, you will need to identify the group and dates of the events, and make your room reservation by Wednesday, August 6, 2010.
Requirements, Standards And Guidance For Surveying Uninspected Commercial Vessels The following are some of the standards that should be used when surveying uninspected commercial vessels such as uninspected passenger vessel, tugs, commercial fishing vessels and barges. 1. US Coast Guard Requirements. a. 33 CFR and 46 CFR. 1) 46 CFR Subchapter C
applies specifically to uninspected vessels. You should already be familiar with the
requirements for an EPIRB, PFDs and fire protection equipment in this subchapter but there
are other sections you should become familiar with: a) 46 CFR 25, Requirements. Note 46 CFR 25.35, Backfire Flame Control, and 46 CFR 25.40, Ventilation, for gasoline powered commercial boats (but not uninspected passenger vessels); and 46 CFR 25.45, Cooking, Heating and Lighting Systems, which applies to vessels carrying passengers for hire. b) 46 CFR 26, Operations; c) 46 CFR 27, Towing Vessels; d) 46 CFR 28, Commercial Fishing Industry Vessels. Subpart E covers stability. The National Cargo Bureau offers an excellent correspondence course designed for fishing boat captains on Fishing Vessel Stability that I highly recommend taking if you are going to do commercial fishing vessels. A bonus is that this course will give you 14 days sea time on your license as well as SAMS CEUs. A glance at the vessels stability book can be illuminating. A stability book that is several years old and in pristine condition may tell you something about the owner/operator. You should always inquire as to whether it has been updated to allow for any major structural changes. 2) 46 CFR 67: documentation requirements. Smaller vessels may be registered with the state in accordance with 33 CFR 171.73. Some river barges may be undocumented but registered with the state to comply with its tax code. 3) 46 CFR 12 and 46 CFR 15: licensing requirements. 4) 33 CFR has elements that apply to uninspected commercial vessels: Subchapter O, MARPOL; Subchapter P, Ports & Waterways Safety. 33 CFR 164.35, Equipment All Vessels, is especially important as it concerns required navigation items such as a searchlight, magnetic compass, radar, charts, etc. 5) 33 CFR 104: security requirements for tank barges and their tugs. 6) 33 CFR 164.74 or 164.76: towline and terminal gear for tugs depending on whether they are towing astern or or towing alongside or pushing ahead. 7) 33 CFR 26: requires radios on vessels over 26 feet. 8) 33 CFR Subpart I, J, & K: Electrical Systems, Fuel Systems, and Ventilation (respectively) for gasoline powered uninspected passenger vessels. 9) 33 CFR Subpart C: requirements for visual distress signals. 10) 33 CFR 88.05 requires a copy of the NAVRULES aboard vessels over 12 meters. 11) NAVRULES define navigation lights and their placement (Rule 24) and sound-producing devices (Rule 33). 33 CFR Subchapter E has some additional information on these items. b. Coast Guard Navigation and Inspection Circulars (NVICs). Several useful circulars are: 1) NVIC 5-86, Voluntary Standards for US Uninspected Commercial Fishing Vessels. They recommend that a vessels electrical systems comply with 46 CFR 110113 and that its machinery comply with 46 CFR 5064. 2) NVIC 5-92, Guidelines for Wire Rope Towing Hawsers. 3) NVICs 7-68, 7-95 and 8-87 on repairing steel, wood and fiberglass vessels, respectively. c. The Coast Guards Alternate Compliance Safety Agreement Checklist for commercial fishing vessels has much good information that could be incorporated into any survey. Some of it can be used for tugs. d. Various Coast Guard Vessel Safety Inspection Checklists for commercial fishing vessels. Several Coast Guard Districts have published their own versions. If your District has published one you should be using it. If they havent, I suggest you use one from another district and modify it as necessary. e. The Coast Guards Atlantic Area LANTAREAINST 16710.1 Enclosure (1), Requirements for Uninspected Towing Vessels (Jan 2007), contains useful guidance on tugs. Dick Frenzel gave out copies of this at the regional meeting last March. 2. FCC Requirements. 47 CFR 80 requires a ship station license for any ship with radios. 46 CFR 80.13(c) states in part that A ship station licensed by rule is authorized to transmit radio signals using a marine radio operating in the 156162 MHz band, any type of AIS, any type of EPIRB, and any type of radar installation. 3. OSHA Requirements.
4. Industry standards.
If you know of additional standards, please forward the details to the author: joederie@earthlink.net Courtesy Capt. Joe Derie, AMS, SAMS, NAMS-CMS, CMI; and the SAMS Pacific Region Notebook.
Terminal Operators
Face Claims In Port terminal operators will move into the front line for insurance claims from cargo interests and shippers under the still to be ratified Rotterdam Rules cargo liability convention, a top London maritime lawyer has warned. Holman Fenwick Willan partner Craig Neame said: If these rules come into effect, it will be the first time that terminal operators have found themselves subject to a mandatory convention. Mr. Neame, who described the Rotterdam Rules as a cargo-friendly convention, added that their implementation would produce a very different claims environment for global port operators, which currently do not have a contractual relationship with cargo interests. At the moment, port terminal operators have a relatively small number of big customers, the carriers themselves, and all claims are funneled through them. If the cargo interests come to you directly, you tell them to go away and to speak to their contractual counterparty, he said. That funnel will disappear. Instead of the carriers being the front line of claims, it will be the terminal operators themselves. But under the Rotterdam Rules, which still require 20 states to ratify them before they enter into force, terminal operators become a maritime performing party, having a joint and several liability. It means that the cargo interests can cherry-pick who they want to bring their claim against. (Lloyds List, 11/13/2009.) Courtesy AIMU Weekly Bulletin.
The UK Marine Accident Investigation Board (MAIB) issued the summary of its preliminary examination of a container stack collapse on a container feeder in Bremerhaven on October 3, 2009. During discharge operations, the containers in one bay toppled to port. As a result, 18 containers were lost overboard. Examination revealed that top containers in seven of the nine stacks shown on the stowage plan as being empty actually had cargoes ranging between 15 and 30 tons. The carrier was using a software program that did not update when the shipper provided more accurate contents details. A new software program is being introduced by the carrier. (1/5/10). Courtesy: Bryants Maritime Blog Bryants Maritime Consulting dennis.l.bryant@gmail.com Website http://brymar-consulting.com Dennis L. Bryant
Prompt Inspection Matters The need to clearly note, promptly inspect and notify a carrier of a damaged shipment were pointed up in a case involving damaged printing equipment delivered by air where a claim was found to be time barred. (American Home Assurance Co. v. Kuehne + Nagel. No. 06 Civ. 6389(DFE). SDNY. Sept. 29, 2009.) Océ Printing Systems sold a printer to Caterpillar. As contract carrier, Kuehne + Nagel agreed to deliver the cargo (contained in 12 cartons) from Munich, Germany to Caterpillar in Peoria, Ill. K + N hired Polar Air Cargo Inc., which took it to Chicagos OHare Airport, and Alliance, Polars groundhandling agent, brought it from the tarmac to Alliances warehouse. K + N hired R&M Trucking to pick up the cargo from Alliance and deliver it to a K + N warehouse in Elk Grove, Ill. The court said it appeared the cargo was damaged prior to its arrival in Elk Grove. Caterpillar had North American Van Lines pick up the cargo in Elk Grove facility, and its driver made notations of damage to the boxes, though there was some dispute about what the notations said. Article 31 of the Montreal Convention requires that, in the case of cargo damage, the person entitled to delivery must complain to the carrier (in writing) forthwith after the discovery of the damage, and, at the latest, within 14 days from the date of receipt. Caterpillar received the cartons and their contents on Sept. 16, 2004. Within the next 14 days, either Caterpillar, Océ or Océs cargo underwriter was required to give the defendant a written complaint. All three failed to do so. The court said pursuant to Article 31 of the Montreal Convention, it granted the defendants motion for dismissal and denied the plaintiffs cross-motion for summary judgment. (American Shipper, 1/2010.) Courtesy AIMU Weekly Bulletin.
Exception To Yacht Policy Exclusion Covers Latent Defect French Cuff, Ltd, v. Markel American Insurance Company, 2009 French Cuffs surveyor reported that the bulkheads and transverse aft supports had lost much of their structural integrity. Markel, French Cuffs insurer, hired its own surveyor who concluded that the buckling and delamination were due to the manufacturers use of a foam core that was either too thin or too friable, and that the flexing of the deck was due to either the choice of the core material, the use of too thin a foam core or the failure to build internal deck frames. Markel denied French Cuffs claim under the design and manufacturing defect exclusion of its policy. French Cuff bought a diversity action in the U.S. District Court for the Southern District of Florida, claiming the loss was covered because the design and manufacturing defect exclusion in the policy has an exception for latent defects. The policy provided in pertinent part: We will not pay for a loss, damage or expense caused by or resulting from: c. manufacturers defect in design. However, if the loss or damage has not resulted from negligence of any insured, this exclusion does not apply to loss, damage or expense directly caused by explosion, bursting of boilers, breakage of shafts or any latent defect in the hull or machinery (excluding the cost and expenses of replacing or renewing the defective part). Markel moved for summary judgment, arguing that to fall within the latent defect
exception to the policy exclusions, the defect must not be a manufacturing design defect;
and that French Cuff has not produced any evidence that the loss was caused by a latent
defect, rather than a design or manufacturing defect. The district court granted summary
judgment to Markel. On French Cuffs appeal, the parties agreed that The 11th Circuit reversed, holding that under Courtesy AIMU Weekly Bulletin.
Encouragement And Proportionality In Salvage Awards The UK High Court of Justice issued a well-reasoned decision on the application of the principles of encouragement and proportionality in salvage awards. In the instant case, a bulk carrier loaded with copper concentrate grounded in a remote waterway in Chile. Owners and cargo interests entered into a Lloyds Open Forum (LOF) salvage contract with a salvage company. After a lengthy and complex salvage effort, the ship and its cargo (with a total combined value of over $166 million) were salved. The arbitrator awarded remuneration in the amount of $34.5 million. The appeal arbitrator increased the remuneration to $40.75 million. The owners and cargo interests appealed. The court reversed and remanded the decision of the appeal arbitrator, finding possible error on two grounds. While the appeal arbitrator properly recognized application of the principle of encouragement in salvage awards, he improperly cited the possibility of difficult economic conditions in the future as a factor to be considered. Also, while the arbitrator cited the principle of proportionality in salvage awards, his decision incorrectly states that the principle has little application in complex cases such as this. Ocean Crown v. Five Oceans Salvage, [2009] EWHC 3040 (QBD Admiralty Court, 26 November 2009). Courtesy: Bryants Maritime Blog Bryants Maritime Consulting dennis.l.bryant@gmail.com Website http://brymar-consulting.com Dennis L. Bryant
Extended Work Hours May Constitute Negligence Or Unseaworthiness In an unpublished decision, the US Court of Appeals for the Ninth Circuit ruled
that a shipowner may be liable to a crewmember for injuries resulting from extended work
hours. In the instant case, plaintiff crewmember served on a fishing vessel that required
the crew to work 16 hour days for months at a time. Plaintiff was injured when he fell
while working at the end of one of his shifts. He sued the shipowner, alleging negligence
under the Jones Act and unseaworthiness. The federal district court granted summary
judgment for the shipowner and plaintiff appealed. The appellate court reversed, holding
that, since other ships owned by the defendant used shorter shifts, it is a question of
fact whether the extended work hours on this particular vessel constituted negligence or
made the vessel unseaworthy. Courtesy: Bryants Maritime Blog Bryants Maritime Consulting dennis.l.bryant@gmail.com Website http://brymar-consulting.com Dennis L. Bryant
USCG Safety Alert re: sailboat rigging dangers The US Coast Guard issued a Safety Alert reminding owners and operators of passenger-carrying sailing catamarans of the importance of regular examination of standing rigging. Corrosion and fatigue failure can cause sudden dismasting. An enhanced inspection regime for sailboat rigging, masts, and associated components is discussed in Sector Honolulu Inspection Note #13 2008 Inspections. (11/16/09). http://professionalmariner.com/Media/News/Dismasting%20Safety%20Alert%2007.09%20Final%2011%2016%2009.pdf. Courtesy: Bryants Maritime Blog Bryants Maritime Consulting dennis.l.bryant@gmail.com Website http://brymar-consulting.com © Dennis L. Bryant Box Guidance The International Chamber of Shipping (ICS) and the World Shipping Council (WCS) - which represents leading container lines - have joined forces to produce the pamphlet Industry Guidance for Shippers and Container Stuffers, which is being distributed globally free of charge and can be downloaded from the website www.marisec.org/containers http://www.marisec.org/containers Particular emphasis is given in the guidelines on the responsibilities of those involved in packing, labeling and weighing cargoes for transit in containers - activities which have a direct bearing on the safety of ships, and on ships' crews and other personnel in the transport chain. The guidance has been produced in response to a series of accidents, including the collapse of a 30ft stack of containers holding hazardous cargoes onboard the UK-flagged vessel Annabella in 2007. Investigators discovered that the prime cause was that the seven containers weighed 225 tonnes, against a permissible stack weight of 116 tonnes. ICS marine advisor John Stawpert said the free guidance had been produced 'because if containers are not stuffed properly or misdeclared, it's difficult to deal with once it gets to the ship'. Courtesy FLASHLIGHT, a free monthly e-newsletter circulated to more than 5,000 people involved in marine surveying around the world. It is circulated to anybody who wishes to receive a copy. It is a collation of articles relevant to our profession taken from various publications together with contributions from readers. Letters, opinions and articles relating to our profession are welcomed for the newsletter. info@kiwimarine.net Container Industry Information In The Round World Shipping Council that the organisation has launched a new website. As part of that launch the WSC engaged IHS Global Insight, a recognized global leader in economic and financial analysis and forecasting, to conduct an independent assessment of the economic contribution of the liner shipping industry. The results of that extensive study are used throughout the website, and a copy of the full report can be downloaded at: http://www.worldshipping.org/pdf/Liner_Industry_Valuation_Study.pdf Key findings using 2007 as a base year include:- The annual global economic contribution of the liner shipping industry was:-
Full annual economic impact, including indirect and induced effects:- US$ 436.6 Billion and 13.5 million jobs. Cargo transported by the liner shipping industry represents about one-third of the value of total global trade, equating to more than US$ 4.6 trillion worth of goods. Workers at ports world-wide loaded and unloaded cargo for more than 10,000 liner vessel-stops per week, with the average ship making 2.1 port calls per week. Liner shipping companies deployed more than 400 services providing regularly scheduled service, usually weekly, connecting all countries of the world. In mid-2008, there were more than 17.8 million containers in the world fleet, which cost the industry US$ 80.1 billion to purchase. In the United States alone, the industry spends US$ 869 million per year to operate the fleet of chassis used to move containers over land. The liner shipping industry has spent over US$ 236 billion in more than a dozen countries on the purchase of new vessels. See the new website at:- http://www.worldshipping.org Courtesy Bow Wave--the marine and transport e-zine. BOW WAVE is published each week to over 15 000 Readers in the transport, insurance, shipping and finance industries. To subscribe contact Sam Ignarski sam@wavyline.com New Transport Crime Database In Tony Lugg has forwarded this recent release by the Transported Asset Protection Association (TAPA). TAPA Asia launched its Incident Information Service (IIS) which marks the start of its freight crime database for its members within the region. The Incident Information Service (IIS) is a database of freight crimes occurring against the industry and TAPA members. The database stores incidents such as crimes of hijacking, robbery, warehouse burglary, fraud, theft from facilities and thefts from and of the vehicle & load. According to the US FBI's report in 2006, the cost of global cargo theft is conservatively estimated to be US$15-30 billion a year and according to the European Union, the theft of high value, high risk products moving in supply chains in Europe costs businesses in excess of Euros 8.2 billion a year. The freight crime statistics for Asia are not known and the TAPA IIS offer an opportunity for its members to collect the loss data and provide an overview of the actual trends. The launch of the IIS comes at a time when freight crime statistics have shown an increase in Southern China. Members of TAPA Asia & other logistics organisations had reported incidents of theft from their vehicles whilst in motion. A number of high value losses of cargo had been reported to the TAPA Asia IIS service. Tony Lugg the IIS Lead for TAPA Asia said "The IIS service has sent out its first email alert to all members today, highlighting the continuing attacks on trucks within China. Trucks can be vulnerable when travelling on the highway especially during the hours of darkness when many of the attacks are alleged to have occurred. The IIS service will provide the data analysis for our members to use effectively and this type of warning allows members to plan and mitigate the risk and react to it accordingly". The IIS database is secure and the details of the owner of the property and the loser, whether a buyer or a Logistics Service Provider remain confidential and anonymous. For further information visit the website at http://www.tapa-asia.org Courtesy Bow Wave--the marine and transport e-zine. BOW WAVE is published each week to over 15 000 Readers in the transport, insurance, shipping and finance industries. To subscribe contact Sam Ignarski sam@wavyline.com Marine Accident Investigations One web page which is a must for all marine surveyors involved in merchant ship surveys is: http://www.maib.gov.uk/home/index.cfm The site gives the investigations currently under way and reports on completed investigations. Jubilee Sailing Trust The Jubilee Sailing Trust is a registered charity whose mission is to promote the integration of people of all physical abilities through the challenge and adventure of sailing tall ships on the open sea. Website: http://www.jst.org.uk/about-the-jubilee-sailing-trust.aspx Loran C To Be Terminated The U.S. Coast Guard has published notice that Loran C will be shut down in Coast Guard Releases Top Videos of 2009 The U.S. Coast Guard released its top 11 video compilation for 2009. The top 11 video compilation (presented in no particular order) is available for viewing and downloading from the Coast Guard Visual Information site at: http://cgvi.uscg.mil/media/main.php?g2_itemId=731355 The public is encouraged to vote online at the Coast Guard's YouTube channel, www.youtube.com/USCGImagery, for their favorite video in the Coast Guards best video of 2009 contest. The Coast Guard Compass, http://coastguard.dodlive.mil, will be highlighting one video per day starting Dec. 21 through Jan. 1. The top 11 video compilation includes:
New Website www.marinerecoveryforum.org The Marine Claims and Recovery Forum just launched their new website. They invite you to explore their site, in particular the links providing useful resources; such as the text to International Conventions, U.S. Transport Law, Informational Sites, General Marine, Inland, Air, Agency / Surveyor Networks. Courtesy AIMU Weekly Bulletin.
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