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19038

Notices

Federal Register
Vol. 74, No. 79
Monday, April 27, 2009

This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.

DEPARTMENT OF AGRICULTURE
Office of the Secretary
Notice of New, Revised, Consolidated,
and Deleted Systems of Records
Office of the Secretary, USDA.
Notice of consolidating and
revising four systems of records,
deleting two systems of records, and
adding a proposed new system of
records under the Privacy Act of 1974.
AGENCY:

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ACTION:

SUMMARY: Notice is hereby given that
the U.S. Department of Agriculture
(USDA) is deleting two systems of
records, consolidating two systems of
records into one existing system of
records; revising two systems of records;
and proposing to create a new system of
records entitled, ‘‘Census of Agriculture
Records,’’ USDA/NASS–3, maintained
by the National Agricultural Statistics
Service (NASS).
DATES: Effective Date: This notice will
be effective 40 days after publication
June 26, 2009 unless modified by a
subsequent notice to incorporate public
comment. Comments must be received
on or before comment date: May 27,
2009.
ADDRESSES: Comments may be
submitted by any of the following
methods: E-mail:
[email protected]. Include
system of records number in the subject
line of the message; Fax: (202) 720–
6396; Mail: Mail any paper, disk, or CD–
ROM to: NASS Clearance Officer,
USDA, Room 5336A South Building,
1400 Independence Avenue, SW.,
Washington, DC 20250–2024; Hand
Delivery/Courier: NASS Clearance
Officer, USDA, Room 5336A South
Building, 1400 Independence Avenue,
SW., Washington, DC 20250–2024;
Telephone (202) 690–2388.
FOR FURTHER INFORMATION CONTACT: Jack
Nealon, Director, Information
Technology Division, NASS, USDA,
South Agriculture Building, Mail Stop

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2030, Room 5847, 1400 Independence
Avenue, SW., Washington, DC 20250–
2024; Telephone (202) 720–2984.
SUPPLEMENTARY INFORMATION: Pursuant
to the Privacy Act of 1974 (5 U.S.C.
552a), USDA hereby takes the following
action:
I. Two systems of records, USDA/
NASS–1, ‘‘Administrative Records
Systems’’ and USDA/NASS–3,
‘‘Personnel Data Base,’’ are being
deleted. These systems of records are
duplicated by OPM/GOVT–1, ‘‘General
Personnel Records,’’ and USDA/OP–1,
‘‘Personnel and Payroll System for
USDA Employees.’’
II. Two systems of records maintained
by NASS are being consolidated into
one existing system of records. USDA/
NASS–4, ‘‘Agricultural Labor Survey,’’
and USDA/NASS–6, ‘‘Farm Costs and
Returns Survey,’’ will be combined with
USDA/NASS–2, ‘‘Agricultural Survey
Program,’’ which will be redesignated
USDA/NASS–1, ‘‘Agricultural Survey
Records.’’
III. Two systems of records
maintained by NASS are being revised
for the following reasons:
1. USDA/NASS–2, ‘‘Agricultural
Survey Program.’’ The purposes of this
revision to the system of records are to
(1) change the designation from USDA/
NASS–2, ‘‘Agricultural Survey
Program’’ to USDA/NASS–1,
‘‘Agricultural Survey Records;’’ (2)
consolidate the records of USDA/
NASS–4, ‘‘Agricultural Labor Survey’’
and USDA/NASS–6, ‘‘Farm Costs and
Returns Survey;’’ (3) change
responsibility for maintaining these
records; (4) revise categories of
individuals covered and records
maintained; (5) propose new routine
uses; (6) revise policies and practices for
storing, retrieving, accessing, retaining,
and disposing of records in the system;
and (7) add an additional authority for
maintenance of the system. These
changes are necessary because data are
no longer maintained by Martin
Marietta but maintained at the USDA
National Information Technology Center
(NITC), and at the Bureau of Census,
National Processing Center (NPC). Also,
retention and disposal are now based on
National Archives and Records
Administration (NARA) approved
schedules.
2. USDA/NASS–5, ‘‘List Sampling
Frame.’’ The purposes of this revision to
the system of records are to (1) change

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the designation from USDA/NASS–5 to
USDA/NASS–2; (2) change
responsibility for maintaining these
records; (3) revise categories of
individuals covered and records
maintained; (4) propose new routine
uses; (5) revise policies and practices for
storing, retrieving, accessing, retaining,
and disposing of records in the system;
and (6) add an additional authority for
maintenance of the system. These
changes are necessary because data
formerly maintained at local NASS
Field Offices and Martin Marietta are
now at the USDA National Information
Technology Center (NITC). Also,
retention and disposal are now based on
NARA approved schedules.
IV. One system of records is being
added as follows:
1. USDA/NASS–3, ‘‘Census of
Agriculture Records.’’ This new system
of records is in support of the Census of
Agriculture now being conducted by the
Agency every five years. As required by
5 U.S.C. 552a as implemented by Office
of Management and Budget (OMB)
Circular A–130, Privacy Act Systems
Reports relating to the revision,
consolidation, and deletion of existing
systems and the addition of a new
system were sent to the Chairman,
Committee on Homeland Security and
Governmental Affairs, United States
Senate; the Chairman, Committee on
Oversight and Governmental Reform,
U.S. House of Representatives; and the
Administrator, Office of Information
and Regulatory Affairs, OMB.
Dated: April 20, 2009.
Thomas J. Vilsack,
Secretary.

USDA/NASS–1
System Name: Agricultural Survey
Records, USDA/NASS–1.
Security Classification: None.
System Location:
Agricultural survey records are
located at the following sites:
NASS Headquarters, 1400
Independence Avenue, SW.,
Washington, DC 20250,
USDA National Information
Technology Center (NITC) facility at
8930 Ward Parkway, Kansas City, MO
64114,
U.S. Census Bureau National
Processing Center (NPC) facility at 1201
East 10th Street, Jeffersonville, IN
47132,
NASS Field Offices.

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Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices
The address of each Field Office (FO)
is listed in telephone directories of the
respective cities under the heading
‘‘United States Government, Department
of Agriculture, National Agricultural
Statistics Service (NASS),’’ or ‘‘USDA’s
NASS (State) Field Office.’’
Categories of Individuals Covered by
the System: Farm and ranch operators
and agri-businesses.
Categories of Records in the System:
Information on farm and ranch
operators and agri-businesses includes
name, address, telephone number, and
agricultural survey data.

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Authority for Maintenance of the System:
7 U.S.C. 2204, 7 U.S.C. 2276, 44 U.S.C. 3501,
and the Confidential Information Protection
and Statistical Efficiency Act (CIPSEA) of
2002.

Agency Official Responsible for
System of Record:
Associate Administrator, National
Agricultural Statistics Service, 1400
Independence Avenue, SW.,
Washington, DC 20250.
Purpose(s): The Agricultural Survey
Records system provides effective and
efficient electronic survey management,
data entry, data collection, data editing,
data analysis, and data summarization
or tabulation for hundreds of
agricultural surveys annually. These
surveys cover topics such as crop
production, grain stocks, livestock
inventories, prices paid and received by
farmers and ranchers, farm labor, farm
income, farm expenditures, farm
numbers, chemical usage, and special
follow-on surveys to the Census of
Agriculture. The program generates
county, State, regional, and national
agricultural statistics.
Disclosure of Information: Disclosure
may be made only to sworn NASS
employees for the purpose of compiling
statistical aggregates at the county,
State, regional, and national levels. Data
records maintained by NASS are used
solely for statistical purposes and are
confidential under 7 U.S.C. 2204, 7
U.S.C. 2276, and CIPSEA of 2002.
Publications and special summaries do
not contain data that would divulge the
identity of any individual operator or
agri-business.
Routine Use of Records: To the extent
that disclosure will not violate any
confidentiality statutes, disclosure will
be made to appropriate agencies,
entities, and persons if (1) NASS
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) NASS has
determined that as a result of the
suspected or confirmed compromises,
there is a risk of harm to economic or

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property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
NASS or another entity) that rely upon
the compromised information; and (3)
the disclosure made to such agencies,
entities, and persons is reasonably
necessary to assist in connection with
NASS’ efforts to respond to the
suspected or confirmed compromise
and prevent, minimize, or remedy such
harm.
Additionally, this system provides for
a routine use disclosure to agency
contractors who have been engaged by
NASS to assist in the performance of
services related to this system of records
and who need access to the records in
order to perform the activity. Recipients
shall be required to comply with the
requirements of the Privacy Act of 1974,
as amended, pursuant to 5 U.S.C.
552a(m).
Disclosure to Consumer Reporting
Agencies: None.
Policies and Practices for Storing,
Retrieving, Accessing, Retaining, and
Disposing of Records in the System
Storage: Paper copies are stored
inside at the locations identified above.
Electronic survey data are stored on
NASS and NITC file servers. Some
survey paper questionnaires are
converted to electronic format at NPC
and stored locally on NPC servers.
Backup data are stored on magnetic
tapes.
Retrievability: Data are retrieved by
unique identification numbers internal
to the agency.
Safeguards: All NASS employees are
required to sign a pledge of
confidentiality that carries severe legal
penalties for violating the pledge. NASS
employs physical security controls,
logical access controls, technological
controls, auditing, and monitoring of
controls. Paper questionnaires are stored
inside locked file cabinets. Magnetic
backup tapes and file servers are
secured within areas to which access is
limited to authorized personnel only.
The NASS Memorandums of
Understanding with NPC and NITC
contain provisions for (1) network data
confidentiality, integrity, and
availability, and (2) physical security.
Retention and Disposal: Retention
and disposal practices are in accordance
with approved National Archives and
Records Administration (NARA)
schedules.
System Manager(s) and Address:
Director, Census and Survey Division,
National Agricultural Statistics Service,
1400 Independence Avenue, SW.,
Washington, DC 20250.

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Notification Procedure: Any
individual may request information as
to whether the system contains records
pertaining to him or her by contacting
the system manager at the address
specified above. The request for
information should contain name,
address, system of records name, and
year that the agricultural survey
questionnaire was completed.
Record Access Procedures: Same as
notification procedure.
Contesting Record Procedures: Any
individual may obtain information as to
the procedures for contesting a record in
this system which pertains to him or her
by submitting a request to the system
manager specified above.
Record Source Categories:
Information in this system comes solely
from respondents to NASS agricultural
surveys.
Exemptions Claimed for the System:
None.
USDA/NASS–2
System Name: List Sampling Frame,
USDA/NASS–2.
Security Classification: None.
System Location: List sampling frame
records are located at the USDA
National Information Technology Center
(NITC) facility at 8930 Ward Parkway,
Kansas City, MO 64114.
Categories of Individuals Covered by
the System: Current, recent, and
potential farmers, ranchers, and agribusinesses.
Categories of Records in the System:
Information on farmers, ranchers, and
agri-businesses includes: name, address,
telephone number, age, race or ethnic
origin, gender, Social Security Number,
Employer Identification Number, and
some previous survey or census data
(called control data) for efficiently
selecting agricultural samples.
Authority for Maintenance of the System:
7 U.S.C. 2204, 7 U.S.C. 2276, 44 U.S.C. 3501,
and the Confidential Information Protection
and Statistical Efficiency Act (CIPSEA) of
2002.

Agency Official Responsible for
System of Record:
Associate Administrator, National
Agricultural Statistics Service, 1400
Independence Avenue, SW.,
Washington, DC 20250.
Purpose(s): The list sampling frame is
used to provide samples of farms,
ranches, and agri-businesses for the
NASS annual survey program and to
provide the mail list for the Census of
Agriculture every 5 years. The frame is
securely maintained on a database
server. The Social Security Number and
Employer Identification Number are
used to assist in identifying duplication
of names between various probability

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Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices

list samples and NASS area frame
surveys. They are also used as part of
the NASS list building and maintenance
process when matching names currently
on the NASS list sampling frame with
lists maintained by other governmental
agencies.
Disclosure of Information: Disclosure
may be made only to sworn NASS
employees for the purpose of compiling
statistical aggregates at the county,
State, regional, and national levels. Data
records maintained by NASS are used
solely for statistical purposes and are
confidential under 7 U.S.C. 2204, 7
U.S.C. 2276, and CIPSEA of 2002.
Publications and special summaries do
not contain data that would divulge the
identity of any individual operator or
agri-business.
Routine Use of Records: To the extent
that disclosure will not violate any
confidentiality statutes, disclosure will
be made to appropriate agencies,
entities, and persons if (1) NASS
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) NASS has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
NASS or another entity) that rely upon
the compromised information; and (3)
the disclosure made to such agencies,
entities, and persons is reasonably
necessary to assist in connection with
NASS’ efforts to respond to the
suspected or confirmed compromise
and prevent, minimize, or remedy such
harm.
Additionally, this system provides for
a routine use disclosure to agency
contractors who have been engaged by
NASS to assist in the performance of
services related to this system of records
and who need access to the records in
order to perform the activity. Recipients
shall be required to comply with the
requirements of the Privacy Act of 1974,
as amended, pursuant to 5 U.S.C.
552a(m).
Disclosure to Consumer Reporting
Agencies: None.

Retrievability: Data are retrieved by
unique identification numbers internal
to the agency. List sampling frame
records are indexed by a record
identifier assigned by each NASS Field
Office. Each record also can be accessed
by its Social Security Number.
Safeguards: All NASS employees are
required to sign a pledge of
confidentiality that carries severe legal
penalties for violating the pledge. NASS
employs physical security controls,
logical access controls, technological
controls, auditing, and monitoring of
controls. Magnetic backup tapes stored
at NITC are secured within areas to
which access is limited to authorized
personnel only. The NASS
Memorandum of Understanding with
NITC contains provisions for (1)
network data confidentiality, integrity,
and availability and (2) physical
security.
Retention and Disposal: Retention
and disposal practices are in accordance
with approved National Archives and
Records Administration schedules.
System Manager(s) and Address:
Director, Census and Survey Division,
National Agricultural Statistics Service,
1400 Independence Avenue, SW.,
Washington, DC 20250.
Notification Procedure: Any
individual may request information as
to whether the system contains records
pertaining to him or her by contacting
the system manager at the address
specified above. The request for
information should contain name,
address, and system of records name.
Record Access Procedures: Same as
notification procedure.
Contesting Record Procedures: Any
individual may obtain information as to
the procedures for contesting a record in
this system which pertains to him or her
by submitting a request to the system
manager specified above.
Record Source Categories: Names to
update the list sampling frame are
assembled from a variety of sources.
Data collected by NASS from the
Agricultural Survey Program and
Census of Agriculture are also used to
update the list sampling frame records.
Exemptions Claimed for the System:
None.

Policies and Practices for Storing,
Retrieving, Accessing, Retaining, and
Disposing of Records in the System

System Name: Census of Agriculture
Records, USDA/NASS–3.
Security Classification: None.
System Location:
Census of Agriculture records are
located at the following sites:
NASS Headquarters, 1400
Independence Avenue, SW.,
Washington, DC 20250,

Storage: Machine readable name,
address, and control data are located at
the USDA NITC facility in Kansas City,
MO. Data backups are stored on
magnetic tapes also located at the NITC
facility.

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USDA/NASS–3

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USDA National Information
Technology Center (NITC) facility at
8930 Ward Parkway, Kansas City, MO
64114,
U.S. Census Bureau National
Processing Center (NPC) facility at 1201
East 10th Street, Jeffersonville, IN
47132.
Categories of Individuals Covered by
the System: Farm and ranch operators.
Categories of Records in the System:
Information on farm and ranch
operators includes name, address,
telephone number, age, race or ethnic
origin, gender, and census agricultural
data.
Authority for Maintenance of the System:
7 U.S.C. 2204g, 7 U.S.C. 2276, 44 U.S.C.
3501, and the Confidential Information
Protection and Statistical Efficiency Act
(CIPSEA) of 2002.

Agency Official Responsible for
System of Record:
Associate Administrator, National
Agricultural Statistics Service, 1400
Independence Avenue, SW.,
Washington, DC 20250.
Purpose(s): The Census of
Agriculture, conducted every 5 years,
measures the economic well-being of
farm and ranch operators. This is
achieved by collecting, tabulating, and
analyzing data on a range of agricultural
issues such as crop production,
livestock inventories, labor costs, farmrelated expenses, assets, and income to
provide county, State, regional, and
national agricultural statistics.
Disclosure of Information: Disclosure
may be made only to sworn NASS
employees for the purpose of compiling
statistical aggregates at the county,
State, regional, and national levels. Data
records maintained by NASS are used
solely for statistical purposes and are
confidential under 7 U.S.C. 2204, 7
U.S.C. 2276, and CIPSEA of 2002.
Publications and special summaries do
not contain data that would divulge the
identity of any individual operator or
agri-business.
Routine Use of Records: To the extent
that disclosure will not violate any
confidentiality statutes, disclosure will
be made to appropriate agencies,
entities, and persons if (1) NASS
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) NASS has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
NASS or another entity) that rely upon

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the compromised information; and (3)
the disclosure made to such agencies,
entities, and persons is reasonably
necessary to assist in connection with
NASS’ efforts to respond to the
suspected or confirmed compromise
and prevent, minimize, or remedy such
harm.
Additionally, this system provides for
a routine use disclosure to agency
contractors who have been engaged by
NASS to assist in the performance of
services related to this system of records
and who need access to the records in
order to perform the activity. Recipients
shall be required to comply with the
requirements of the Privacy Act of 1974,
as amended, pursuant to 5 U.S.C.
552a(m).
Disclosure to Consumer Reporting
Agencies: None.
Policies and Practices for Storing,
Retrieving, Accessing, Retaining, and
Disposing of Records in the System
Storage: Census paper questionnaires
are converted into electronic format at
NPC and stored locally on NPC servers.
Electronic copies are transmitted to
NASS servers located at NITC for
storage and processing. Data backups
are stored on magnetic tapes.
Retrievability: Data are retrieved by
unique identification numbers internal
to the agency.
Safeguards: All NASS employees are
required to sign a pledge of
confidentiality that carries severe legal
penalties for violating the pledge. NASS
employs physical security controls,
logical access controls, technological
controls, auditing, and monitoring of
controls. Paper questionnaires at NPC
are stored inside secured spaces.
Magnetic backup tapes stored at NITC
and NPC are secured within areas to
which access is limited to authorized
personnel only. The NASS
Memorandums of Understanding with
NPC and NITC contain provisions for (1)
network data confidentiality, integrity,
and availability, and (2) physical
security.
Retention and Disposal: Retention
and disposal practices are in accordance
with approved National Archives and
Records Administration schedules.
System Manager(s) and Address:
Director, Census and Survey Division,
National Agricultural Statistics Service,
1400 Independence Avenue, SW.,
Washington, DC 20250.
Notification Procedure: Any
individual may request information as
to whether the system contains records
pertaining to him or her by contacting
the system manager at the address
specified above. The request for
information should contain name,

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address, system of records name, and
year that the Census of Agriculture
questionnaire was completed.
Record Access Procedures: Same as
notification procedure.
Contesting Record Procedures: Any
individual may obtain information as to
the procedures for contesting a record in
this system which pertains to him or her
by submitting a request to the system
manager specified above.
Record Source Categories:
Information in this system comes solely
from responding farmers and ranchers.
Exemptions Claimed for the System:
None.

19041

Authority: These data were collected
under authority of 7 U.S.C. 2204(a).
Individually identifiable data collected under
this authority are governed by Section 1770
of the Food Security Act of 1985, 7 U.S.C.
2276, which requires USDA to afford strict
confidentiality to non-aggregated data
provided by respondents.

Estimate of Burden: There will be no
further public reporting burden for this
collection of information.
Signed at Washington, DC, March 27, 2009.
Joseph T. Reilly,
Associate Administrator.
[FR Doc. E9–9483 Filed 4–24–09; 8:45 am]
BILLING CODE 3410–20–P

[FR Doc. E9–9482 Filed 4–24–09; 8:45 am]
BILLING CODE 3410–01–P

DEPARTMENT OF COMMERCE

DEPARTMENT OF AGRICULTURE
National Agricultural Statistics Service
Notice of Intent To Suspend the
Distiller’s Grains Survey and Reports
AGENCY: National Agricultural Statistics
Service, USDA.
ACTION: Notice of suspension of data
collection and publication.
SUMMARY: This notice announces the
intention of the National Agricultural
Statistics Service (NASS) to suspend a
currently approved information
collection, the Distiller’s Grains Survey,
and its associated publication.
FOR FURTHER INFORMATION CONTACT:
Joseph T. Reilly, Associate
Administrator, National Agricultural
Statistics Service, U.S. Department of
Agriculture, (202) 720–4333.
SUPPLEMENTARY INFORMATION:
Title: Distiller’s Grains Survey.
OMB Control Number: 0535–0247.
Expiration Date of Approval: August
31, 2009.
Type of Request: To suspend a
currently approved information
collection.
Abstract: The primary objective of the
National Agricultural Statistics Service
is to prepare and issue State and
national estimates of crop and livestock
production, disposition, and prices. The
Distiller’s Grains Survey was conducted
as a one time only survey to gather
information for establishing a baseline
measure of the current usage of
distiller’s grains and identify any
barriers hindering livestock producers
from utilizing distiller’s grains and other
ethanol by-products in their feed
rations. NASS will suspend this
information collection as of April 27,
2009 due to the completion of the
survey.

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Foreign–Trade Zones Board
[Docket 60–2008]

Foreign–Trade Zone 267 Fargo, North
Dakota, Amendment to Request for
Manufacturing Authority, CNH
America, LLC (Construction and
Agricultural Equipment), Fargo, North
Dakota
A request has been submitted to the
Foreign–Trade Zones Board (the Board)
by the Fargo Municipal Airport
Authority, grantee of FTZ 267, to amend
its request for manufacturing authority
(construction and agricultural
equipment) under FTZ procedures at
the manufacturing facilities of CNH
America, LLC (CNH) within FTZ 267
Site 2.
CNH is now requesting to include
additional components to produce the
same products (construction wheel
loaders and farm tractors) as described
in the original Federal Register notice
(73 FR 54137, 9/18/2008). The
additional foreign–sourced components
include tubes, hoses and hose
assemblies, tires, seals, decals, c–cap
posts, handles, insulation foam,
vulcanized rubber profiles, o–rings,
bellows, plugs, insulator blocks, mat
protectors, agricultural machinery parts,
glass, mirrors, ground cables, pins,
racks, engines, axial piston pumps,
turbochargers, air filters, air cleaners,
arm rests, track frames, axles, steps,
modules, brushes, engine badge cases,
hinges, brackets, fuel injection pumps,
viscous couplings, machinery parts,
camshafts, transmissions, mufflers,
clutches, steering wheel columns,
locking tabs, linings, clutches,
couplings, shields, gaskets, valves,
motors, convertors, rings, tail lamps,
wiper blades, antennas, flasher units,
switches, boxes, electric connectors,
connector snap plugs, headlamps,
potentiometers, temperature senders

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