80 FR 22101 - Drawbridge Operation Regulation; Taylor Bayou Outfall Canal (Joint Outfall Canal), TX
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 76 (April 21, 2015)
Coast Guard
Federal Register Volume 80, Issue 76 (April 21, 2015)
| Page Range | 22101-22103 | |
| FR Document | 2015-09037 |
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)] [Rules and Regulations] [Pages 22101-22103] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09037] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2014-0386] RIN 1625-AA09 Drawbridge Operation Regulation; Taylor Bayou Outfall Canal (Joint Outfall Canal), TX AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is implementing an operating schedule that governs the Valero pontoon-supported swing bridge across Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)), mile 2.44, West Port Arthur, Jefferson County, Texas. This bridge provides for Valero's maintenance vehicles and contractors to cross the waterway. The regulation will allow the bridge to remain in the open-to-navigation position except during two scheduled daily closures. This regulation increases the efficiency of operations allowing for the safe navigation of vessels through the bridge while recognizing the bridge's importance to the facility that it serves. DATES: This rule is effective May 21, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2014-0386]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. James Wetherington; Bridge Administration Branch, Eighth Coast Guard District; telephone 504-671-2128, email [email protected]. If you have questions on viewing the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security USCG United States Coast Guard NEPA National Environmental Policy Act NPRM Notice of Proposed Rule Making Sec. Section Symbol U.S.C. United States Code JOC Joint Outfall Canal A. Regulatory History and Information On September 23, 2014, we published an Interim Rule with request for comments entitled, ``Drawbridge Operation Regulation; Taylor Bayou Outfall Canal (Joint Outfall Canal), TX'' in the Federal Register (79 FR 56651). We received 1 comment on the interim rule. No public meeting was requested, and none was held. B. Basis and Purpose The Premcor Refining Group, Inc.--A Valero Company owns the new Valero pontoon-supported swing bridge across Taylor Bayou Outfall Canal (JOC), mile 2.44, West Port Arthur, Jefferson County, Texas. The bridge has unlimited vertical clearance in the open-to- navigation position and a vertical clearance of 11.11 feet in the closed-to-navigation position. The new bridge also has a horizontal clearance of 75.0 feet from fender to fender in the open-to-navigation position and 52 feet from pontoon to fender in the closed-to-navigation position. Traffic on this waterway is primarily recreational craft and commercial barges. Valero engaged the owners of these vessels through multiple discussions leading to the design and operating schedule of this bridge. The owner requested to change the operating schedule, per 33 CFR 117.41(b), to allow the bridge to remain open except for two scheduled daily closures. This change allows the bridge owner to leave the bridge in the open-to-navigation position, except for two daily maintenance cycles, while removing the requirement that a bridge tender be on the bridge at all times. All notifications and signals will remain as noted in the Interim Rule. C. Discussion of Comments, Changes and the Final Rule The Coast Guard provided a comment period of 45 days and only one comment was received. This comment was from Valero stating that they are in agreement with the rule as stated in the interim rule; however, they wish to have a little bit more flexibility due to contractor staff and general maintenance that require access to the other side of the property. After discussions with Valero, they agreed that any operation of [[Page 22102]] the bridge outside of the prescribed times will require a tender on the bridge until the operations are finished and the normal open-to- navigation position can be resumed. Everything else will remain as published in the interim rule. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule allows the bridge to remain in the open-to-navigation position at all times with the exception of two scheduled closures each day to allow for vehicular traffic. Because the bridge will be left in the open position and only closed to vessel traffic for two hours per day, one hour in the morning and one hour in the early evening, this regulation will have a minimal affect on the waterway users and vessels transiting the area. Additionally, the bridge can be opened in 30 minutes should there be emergency need during one of the scheduled closures. Through the course of the comment period of the interim rule, it was noted that if the bridge needs to be closed at any other time than those times that are scheduled, the bridge will be tended and be able to be opened in approximately 15 minutes. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: the property owners, vessel operators and waterway users who wish to transit on Taylor Bayou Outfall Canal (JOC) past mile 2.44 from 6:30 a.m. to 7:30 a.m. and from 5:30 p.m. to 6:30 p.m. daily. This rule will not have a significant impact on a substantial number of small entities for the following reasons because, through pre- coordination and consultation with property owners, vessel operators and waterway users, this operating schedule will accommodate all waterway users with minimal impact. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. 4. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations [[Page 22103]] That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction. Under figure 2-1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. Accordingly, the interim rule amending 33 CFR part 117 which was published at 79 FR 56651 on September 23, 2014, is adopted as a final rule with the following change: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 0 2. Amend Sec. 117.988 by adding paragraph (g) to read as follows: Sec. 117.988 Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)). * * * * * (g) If the bridge is required to operate outside of the specified times, the bridge will be tended until it is returned to the open-to- navigation position. Dated: March 20, 2015. Kevin S. Cook, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2015-09037 Filed 4-20-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22101
call Cheryl Collins, Program Manager, DEPARTMENT OF HOMELAND DHS Department of Homeland Security
Docket Operations, (202) 366–9826. SECURITY USCG United States Coast Guard
NEPA National Environmental Policy Act
SUPPLEMENTARY INFORMATION: The Coast Guard NPRM Notice of Proposed Rule Making
Virginia Department of Transportation, § Section Symbol
who owns and operates this swing U.S.C. United States Code
33 CFR Part 117 JOC Joint Outfall Canal
bridge, has requested a temporary
deviation from the current operating [Docket No. USCG–2014–0386]
regulation set out in 33 CFR 117.1025, A. Regulatory History and Information
RIN 1625–AA09
to facilitate maintenance of the On September 23, 2014, we published
moveable spans on the structure. Drawbridge Operation Regulation; an Interim Rule with request for
Under the regular operating schedule, Taylor Bayou Outfall Canal (Joint comments entitled, ‘‘Drawbridge
the Coleman Memorial Bridge, mile 7.0, Outfall Canal), TX Operation Regulation; Taylor Bayou
between Gloucester Point and Outfall Canal (Joint Outfall Canal), TX’’
AGENCY: Coast Guard, DHS. in the Federal Register (79 FR 56651).
Yorktown, VA, opens on signal except ACTION: Final rule.
from 5 a.m. to 8 a.m. and 3 p.m. to 7 We received 1 comment on the interim
p.m. Monday through Friday, except rule. No public meeting was requested,
SUMMARY: The Coast Guard is
Federal holidays, shall remain closed to and none was held.
implementing an operating schedule
navigation. The Coleman Memorial that governs the Valero pontoon- B. Basis and Purpose
Bridge has vertical clearances in the supported swing bridge across Taylor The Premcor Refining Group, Inc.—A
closed position of 60 feet above mean Bayou Outfall Canal (Joint Outfall Canal Valero Company owns the new Valero
high water. (JOC)), mile 2.44, West Port Arthur, pontoon-supported swing bridge across
Under this temporary deviation, the Jefferson County, Texas. This bridge Taylor Bayou Outfall Canal (JOC), mile
drawbridge will be closed to navigation provides for Valero’s maintenance 2.44, West Port Arthur, Jefferson
from 7 a.m. to 5 p.m. each day on: vehicles and contractors to cross the County, Texas.
Sunday May 3, 2015 with an inclement waterway. The regulation will allow the The bridge has unlimited vertical
weather date on Sunday May 10, 2015; bridge to remain in the open-to- clearance in the open-to-navigation
Sunday June 7, 2015 with an inclement navigation position except during two position and a vertical clearance of
weather date on Sunday June 14, 2015; scheduled daily closures. This 11.11 feet in the closed-to-navigation
And Sunday July 12, 2015 with an regulation increases the efficiency of position. The new bridge also has a
inclement weather date on Sunday July operations allowing for the safe horizontal clearance of 75.0 feet from
19, 2015. The bridge will operate under navigation of vessels through the bridge fender to fender in the open-to-
normal operating schedule at all other while recognizing the bridge’s navigation position and 52 feet from
times. Emergency openings cannot be importance to the facility that it serves. pontoon to fender in the closed-to-
provided. There are no alternate routes DATES: This rule is effective May 21, navigation position. Traffic on this
for vessels transiting this section of the 2015. waterway is primarily recreational craft
York River. Vessels able to pass under ADDRESSES: Documents mentioned in and commercial barges. Valero engaged
the bridge in the closed position may do this preamble are part of docket [USCG– the owners of these vessels through
so at anytime and are advised to 2014–0386]. To view documents multiple discussions leading to the
proceed with caution. All other vessels mentioned in this preamble as being design and operating schedule of this
may pass before 7 a.m. and after 5 p.m. available in the docket, go to http:// bridge.
www.regulations.gov, type the docket The owner requested to change the
The York River is used by a variety of
number in the ‘‘SEARCH’’ box and click operating schedule, per 33 CFR
vessels including military, tugs, and
‘‘SEARCH.’’ Click on Open Docket 117.41(b), to allow the bridge to remain
recreational vessels. The Coast Guard
Folder on the line associated with this open except for two scheduled daily
has carefully coordinated the
rulemaking. You may also visit the closures.
restrictions with these waterway users.
Docket Management Facility in Room This change allows the bridge owner
The Coast Guard will also inform to leave the bridge in the open-to-
additional waterway users of the bridge W12–140 on the ground floor of the
Department of Transportation West navigation position, except for two daily
closure periods through our Local and maintenance cycles, while removing the
Broadcast Notices to Mariners so that Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. requirement that a bridge tender be on
vessels can arrange their transits and the bridge at all times. All notifications
minimize any impacts caused by the and 5 p.m., Monday through Friday,
except Federal holidays. and signals will remain as noted in the
temporary deviation. Interim Rule.
FOR FURTHER INFORMATION CONTACT: If
In accordance with 33 CFR 117.35(e),
you have questions on this rule, call or C. Discussion of Comments, Changes
the drawbridge must return to its regular
email Mr. James Wetherington; Bridge and the Final Rule
operating schedule immediately at the
Administration Branch, Eighth Coast
end of the effective period of this The Coast Guard provided a comment
Guard District; telephone 504–671–
temporary deviation. This deviation period of 45 days and only one
2128, email james.r.wetherington@
from the operating regulations is comment was received. This comment
uscg.mil. If you have questions on
authorized under 33 CFR 117.35. was from Valero stating that they are in
viewing the docket, call Cheryl F.
agreement with the rule as stated in the
tkelley on DSK3SPTVN1PROD with RULES
Dated: April 8, 2015. Collins, Program Manager, Docket
interim rule; however, they wish to have
James L. Rousseau, Operations, telephone (202) 366–9826.
a little bit more flexibility due to
Bridge Program Manager, Fifth Coast Guard SUPPLEMENTARY INFORMATION: contractor staff and general maintenance
District. that require access to the other side of
Table of Acronyms
[FR Doc. 2015–09039 Filed 4–20–15; 8:45 am] the property. After discussions with
BILLING CODE 9110–04–P CFR Code of Federal Regulations Valero, they agreed that any operation of
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![Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22103
That Significantly Affect Energy Supply, DEPARTMENT OF HOMELAND the COTP Ohio Valley or a designated
Distribution, or Use. SECURITY representative. Persons or vessels
desiring to enter into or passage through
13. Technical Standards Coast Guard the safety zone must request permission
This rule does not use technical from the COTP Ohio Valley or
standards. Therefore, we did not 33 CFR Part 165 designated representative. If permission
consider the use of voluntary consensus [Docket No. USCG–2015–0169] is granted, all persons and vessels shall
standards. comply with the instructions of the
RIN 1625–AA00 COTP Ohio Valley or designated
14. Environment representative.
Cincinnati Reds Season Fireworks; This notice is issued under authority
We have analyzed this rule under Ohio River Mile 470.1–470.4;
Department of Homeland Security of 33 CFR 165.801 and 5 U.S.C. 552(a).
Cincinnati, OH In addition to this notice in the Federal
Management Directive 023–01 and
Commandant Instruction M16475.lD, AGENCY: Coast Guard, DHS. Register, the Coast Guard will provide
which guides the Coast Guard in ACTION: Notice of enforcement of the maritime community with extensive
complying with the National regulation. advance notification of this enforcement
Environmental Policy Act of 1969 period via the Local Notice to Mariners
SUMMARY: The Coast Guard will enforce (LNM) and Broadcast Notice to Mariners
(NEPA) (42 U.S.C. 4321–4370f), and
a safety zone for the Cincinnati Reds (BNM). If the COTP Ohio Valley
have made a determination that this
Season Fireworks on the Ohio River, determines that the regulated area need
action is one of a category of actions
from mile marker 470.1 and ending at not be enforced for the full duration
which do not individually or
470.4, extending 500 feet from the State stated in the notice, he or she may use
cumulatively have a significant effect on
of Ohio shoreline. This rule is effective a BNM to grant general permission to
the human environment. This rule
during specific home games during the enter the regulated area.
simply promulgates the operating
regular baseball season. Should the Dated: March 30, 2015.
regulations or procedures for
Cincinnati Reds make the playoffs and
drawbridges. This rule is categorically R.V. Timme,
have additional home games, the Coast
excluded, under figure 2–1, paragraph Captain, U.S. Coast Guard, Captain of the
Guard will provide advance notification
(32)(e), of the Instruction. Port Ohio Valley.
of enforcement periods via Broadcast
Under figure 2–1, paragraph (32)(e), of [FR Doc. 2015–09279 Filed 4–20–15; 8:45 am]
Notices to Mariners, Local Notices to
the Instruction, an environmental Mariners, and/or Marine Safety BILLING CODE 9110–04–P
analysis checklist and a categorical Information Bulletins as appropriate.
exclusion determination are not This action is needed to protect vessels
required for this rule. transiting the area and event spectators DEPARTMENT OF HOMELAND
from the hazard associated with the SECURITY
List of Subjects in 33 CFR Part 117
Cincinnati Reds Barge-based Fireworks. Coast Guard
Bridges. During the enforcement period, entry
Accordingly, the interim rule into, transiting, or anchoring in the 33 CFR Part 165
amending 33 CFR part 117 which was safety zone is prohibited to all vessels
published at 79 FR 56651 on September not registered with the sponsor as [Docket Number USCG–2015–0019]
23, 2014, is adopted as a final rule with participants or official patrol vessels,
unless specifically authorized by the RIN 1625–AA00
the following change:
Captain of the Port (COTP) Ohio Valley
or a designated representative. Safety Zone; Xterra Swim, Myrtle
PART 117—DRAWBRIDGE
Beach, SC
OPERATION REGULATIONS DATES: The regulations in 33 CFR
165.801, Table No. 1, Line no. 2 will be AGENCY: Coast Guard, DHS.
■ 1. The authority citation for part 117 enforced from 9 p.m. through 11:30 p.m. ACTION: Temporary final rule.
continues to read as follows: on April 24, May 15, May 29, June 5,
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; June 19, July 3, July 4, July 17, July 31, SUMMARY: The Coast Guard is
Department of Homeland Security Delegation August 21, September 4, September 11, establishing a temporary safety zone
No. 0170.1. and September 25, 2015. during the Xterra swim, a swimming
FOR FURTHER INFORMATION CONTACT: If race occurring on waters of the
■ 2. Amend § 117.988 by adding Intracoastal Waterway in Myrtle Beach,
you have questions on this notice of
paragraph (g) to read as follows: South Carolina. The Xterra Swim is
enforcement, call or email Kevin Cador,
§ 117.988 Taylor Bayou Outfall Canal MSD Cincinnati, U.S. Coast Guard at scheduled to take place on Sunday, May
(Joint Outfall Canal (JOC)). telephone 513–921–9033, email 3, 2015. The temporary safety zone is
* * * * * Kevin.L.Cador@uscg.mil. necessary for the safety of the
SUPPLEMENTARY INFORMATION: The Coast swimmers, participant vessels,
(g) If the bridge is required to operate spectators, and the general public
outside of the specified times, the bridge Guard will enforce the safety Zone for
the Cincinnati Reds Season Fireworks during the event. Persons and vessels
will be tended until it is returned to the are prohibited from entering, transiting
open-to-navigation position. listed in 33 CFR 165.801, Table No. 1,
Line no. 2. These regulations can be through, anchoring in, or remaining
tkelley on DSK3SPTVN1PROD with RULES
Dated: March 20, 2015. found in the electronic version of the within the safety zone unless authorized
Kevin S. Cook, Code of Federal Regulations, under 33 by the Captain of the Port Charleston or
Rear Admiral, U.S. Coast Guard, Commander, CFR 165.801( ). a designated representative.
Eighth Coast Guard District. Under the provisions of 33 CFR DATES: This rule is effective and will be
[FR Doc. 2015–09037 Filed 4–20–15; 8:45 am] 165.801, a vessel may not enter the safe enforced from 7:30 a.m. until 8:30 a.m.
BILLING CODE 9110–04–P zone, unless it receives permission from on May 3, 2015.
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Document Created: 2015-12-16 08:33:19
Document Modified: 2015-12-16 08:33:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective May 21, 2015. | |
| Contact | If you have questions on this rule, call or email Mr. James Wetherington; Bridge Administration Branch, Eighth Coast Guard District; telephone 504-671-2128, email [email protected] If you have questions on viewing the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826. | |
| FR Citation | 80 FR 22101 | |
| RIN Number | 1625-AA09 |
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