80_FR_46795 80 FR 46645 - Decision That Nonconforming Model Year 2000 East Lancashire Coachbuilders Limited Double Decker Tri-Axle Buses (With Volvo B7L Chassis) Are Eligible for Importation

80 FR 46645 - Decision That Nonconforming Model Year 2000 East Lancashire Coachbuilders Limited Double Decker Tri-Axle Buses (With Volvo B7L Chassis) Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range46645-46646
FR Document2015-19210

This document announces a decision by the National Highway Traffic Safety Administration that certain model year (MY) 2000 East Lancashire Coachbuilders Limited Double Decker Tri-Axle buses (with Volvo B7L Chassis) that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS.

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015)
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46645-46646]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19210]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0021, Notice 2]


Decision That Nonconforming Model Year 2000 East Lancashire 
Coachbuilders Limited Double Decker Tri-Axle Buses (With Volvo B7L 
Chassis) Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain model year (MY) 2000 East 
Lancashire Coachbuilders Limited Double Decker Tri-Axle buses (with 
Volvo B7L Chassis) that were not originally manufactured to comply with 
all applicable Federal Motor Vehicle Safety Standards (FMVSS) are 
eligible for importation into the United States because they have 
safety features that comply with, or are capable of being altered to 
comply with, all applicable FMVSS.

DATES: This decision became effective on July 30, 2015.

ADDRESSES: For further information contact George Stevens, Office of 
Vehicle Safety Compliance, NHTSA (202-366-5308).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C 30141(a)(1)(B),a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS shall be 
refused admission into the United States unless NHTSA has decided its 
safety features comply with, or are capable of being altered to comply 
with, all applicable FMVSS based on destructive test data or such other 
evidence that NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    US Specs, of Havre de Grace, Maryland (``US Specs'') (Registered 
Importer No. RI-03-321), petitioned NHTSA to decide whether MY 2000 
East Lancashire Coachbuilders Limited Double Decker Tri-Axle buses 
(with Volvo B7L Chassis) are eligible for importation into the United 
States. NHTSA published a notice of the petition on January 26, 2015 
(80 FR 4033) to afford an opportunity for public comment. No comments 
were received. The reader is referred to that notice for a thorough 
description of the petition.

NHTSA Conclusions

    NHTSA has reviewed the petition and supporting information 
submitted by US Specs and has concluded that the vehicles covered by 
the petition have safety features that are capable of being altered to 
comply with all applicable FMVSS.
    NHTSA has also determined that because the subject vehicles were 
manufactured in two or more stages, any Registered Importer (RI) that 
imports the subject vehicles must provide separate proof that the 
chassis and the body of each vehicle are the originals used by East 
Lancashire Coachbuilders Limited when manufacturing the bus for the 
subject model year. Such proof shall be provided as part of the 
statement of

[[Page 46646]]

conformity and associated documents (referred to as a ``conformity 
package'') the RI must submit to NHTSA under 49 CFR 592.6(d) to obtain 
release of the DOT Conformance bond furnished at the time the vehicle 
is imported.
    Because it is common practice for transit bus bodies to have 
seating and other interior modifications made during use for the 
purposes of update and repair, it is expected that after many years in 
service at least some of the buses eligible for importation under this 
decision will not have the same interior configuration, controls and 
displays, etc., as the vehicle(s) described in the petition. Therefore, 
NHTSA has decided that RIs must also include in each conformity package 
specific proof to confirm that the vehicle was originally manufactured 
to conform to, or was successfully altered to conform to, each 
applicable standard. Any components that differ from the original 
equipment installed on the vehicle must be fully described, and if the 
presence of that component could impact the vehicle's compliance with 
an applicable safety standard, the conformity package must include 
reports of testing or inspection sufficient to establish the vehicle's 
compliance with that standard with the component installed. This 
additional information must also be supplied any time an alteration 
that requires replacement of a nonconforming system, such as the 
vehicle driver's seat or accelerator control system, differs from that 
originally described in the petition.
    In addition to the modifications described in the petition as 
needed to conform the vehicle to all applicable FMVSS, NHTSA has 
decided that additional or alternative modifications must be performed, 
and, for some of those modifications, proof of conformance must be 
provided in the conformity package, as set forth below.
    Standard No. 108--Lamps, Reflective Devices and Associated 
Equipment: The conformity package must include documentation from the 
lighting manufacturer for each lamp mounted on the bus showing that the 
lamp has been certified as conforming to FMVSS No. 108 for the purpose 
for which the lamp is used. Specific proof that the headlamps meet the 
operating voltage requirements of FMVSS No. 108 must also be provided 
in the conformity package.
    Standard No. 121--Air Brake Systems: Inspection of each bus to 
specifically verify that the critical components listed below (by the 
applicable paragraph in FMVSS No. 121) are present, are significantly 
similar to those originally installed on the Volvo B7L chassis and 
function as required for compliance with FMVSS No. 121. Should any part 
not be present, or prevent compliance with the requirements of the 
standard as installed, modification of the bus and proof of conformance 
after modification must be included with each conformity package.

    S5.1.1--Data related to reservoir volumes necessary to 
demonstrate conformance to compressor recharge rate.
    S5.1.2.3--Check valves to protect against reservoir air loss.
    S5.1.2.4--Manually operated condensate drain valve for 
reservoirs.
    S5.1.4--In-dash pressure gauge.
    S5.1.5--Device that gives a low pressure warning in accordance 
with this section.
    S5.1.8(a)--Automatic slack adjusters.
    S5.1.6.2--In-dash ABS malfunction indicator lamp/check lamp 
function.
    S5.6.4--Identification of the method of control operation of the 
parking brake control.

    Photographs of all brake system related controls and displays must 
also be included in each conformity package.
    Standard No. 124--Accelerator Control Systems: Installation of a 
specific accelerator control system to meet the requirements of this 
standard was described in the petition. Documentation showing that, as 
modified, the vehicle conforms to the standard must be provided in each 
conformity package.
    Standard No. 205--Glazing Materials: All glazing replaced to meet 
the requirements of FMVSS No. 217 must also meet all applicable 
requirements of FMVSS No. 205. In addition, all glazing must be 
inspected for compliance with FMVSS No. 205. Any noncompliant glazing 
must be replaced with compliant glazing and proof of compliance must be 
included in each conformity package.
    Standard No. 217--Bus Emergency Exits and Window Retention and 
Release: The petition states that the vehicles must be modified by 
installation of an emergency escape hatch and emergency escape windows 
in a manner consistent with the requirements of this standard. Test 
reports were submitted in an effort to demonstrate that compliance with 
the standard can be achieved after these modifications are performed. 
Photographs (including images of all required labeling) and bus plan 
view drawings showing the location and operation of all exits, must be 
provided with each conformity package.
    Standard No. 302--Flammability of Interior Materials: Documentation 
showing how the RI has confirmed that all interior components on each 
bus conform to all applicable requirements of this standard, including 
any test reports not submitted as part of the petition, must be 
provided with each conformity package.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2000 East Lancashire Coachbuilders Limited Double Decker Tri-
Axle buses (mounted on a Volvo B7L Chassis), that were not originally 
manufactured to comply with all applicable FMVSS, are capable of being 
altered to conform to all applicable Federal Motor Vehicle Safety 
Standards.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VCP-59 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

    Issued on: July 30, 2015.
John Finneran,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-19210 Filed 8-4-15; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                        Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices                                                           46645

                                                    its efforts to reduce the administrative                                 submit for clearance by OMB as                                PTC System Certification and operate in
                                                    and paperwork burdens associated with                                    required under the PRA:                                       revenue service. So that Congress and
                                                    the collection of information mandated                                     Title: Positive Train Control (PTC)                         FRA may better understand the status of
                                                    by Federal regulations. In summary,                                      Implementation Status Update                                  each railroad’s implementation efforts
                                                    FRA reasons that comments received                                       Questionnaire.                                                and be able to monitor affected railroads
                                                    will advance three objectives: (i) Reduce                                  OMB Control Number: 2130–0612.                              progress on a continuing basis until full
                                                                                                                               Abstract: The statutory and regulatory                      implementation is achieved, FRA is
                                                    reporting burdens; (ii) ensure that it
                                                                                                                             deadline for Positive Train Control                           seeking accurate and up-to-date
                                                    organizes information collection                                         (PTC) system implementation is
                                                    requirements in a ‘‘user friendly’’ format                                                                                             information under its investigative
                                                                                                                             December 31, 2015. Congress and FRA                           authority pursuant to 49 U.S.C. 20103,
                                                    to improve the use of such information;                                  are concerned that the railroads will not
                                                    and (iii) accurately assess the resources                                                                                              20107, and 20902, and 49 CFR
                                                                                                                             make the mandated deadline. To date,                          236.1009(h). The railroads’ responses
                                                    expended to retrieve and produce                                         the vast majority of railroads have not                       will also be used for compliance
                                                    information requested. See 44 U.S.C.                                     submitted, in accordance with 49 CFR                          purposes.
                                                    3501.                                                                    236.1009 and 236.1015, a PTC Safety
                                                                                                                                                                                             Affected Public: Businesses.
                                                       Below is a brief summary of the                                       Plan (PTCSP) and have not submitted,
                                                                                                                             in accordance with 49 CFR 236.1035, a                           Frequency of Submission: Monthly.
                                                    currently approved information
                                                    collection activities that FRA will                                      request for testing approval to support a                       Respondent Universe: 38 Railroads.
                                                                                                                             PTCSP, which is necessary to achieve                            Reporting Burden:

                                                                                                                                                                                               Total          Average      Total
                                                                                                                                                                        Respondent
                                                                       Positive train control (PTC) implementation status                                                                    annual           time per    annual
                                                                                                                                                                          universe
                                                                                              update                                                                                       responses         response     burden
                                                                                                                                                                         (railroads)         (forms)         (minutes)     hours

                                                    Questionnaire ...................................................................................................         38              456               10          76



                                                      Form Number(s): Form FRA F                                             certain model year (MY) 2000 East                             At the close of the comment period,
                                                    6180.162.                                                                Lancashire Coachbuilders Limited                              NHTSA decides, on the basis of the
                                                      Total Estimated Responses: 456.                                        Double Decker Tri-Axle buses (with                            petition and any comments that it has
                                                      Total Estimated Annual Burden: 76                                      Volvo B7L Chassis) that were not                              received, whether the vehicle is eligible
                                                    hours.                                                                   originally manufactured to comply with                        for importation. The agency then
                                                      Status: Regular Review.                                                all applicable Federal Motor Vehicle                          publishes this decision in the Federal
                                                      Pursuant to 44 U.S.C. 3507(a) and 5                                    Safety Standards (FMVSS) are eligible                         Register.
                                                    CFR 1320.5(b), 1320.8(b)(3)(vi), FRA                                     for importation into the United States                           US Specs, of Havre de Grace,
                                                    informs all interested parties that it may                               because they have safety features that                        Maryland (‘‘US Specs’’) (Registered
                                                    not conduct or sponsor, and a                                            comply with, or are capable of being                          Importer No. RI–03–321), petitioned
                                                    respondent is not required to respond                                    altered to comply with, all applicable                        NHTSA to decide whether MY 2000
                                                    to, a collection of information unless it                                FMVSS.                                                        East Lancashire Coachbuilders Limited
                                                    displays a currently valid OMB control                                   DATES: This decision became effective                         Double Decker Tri-Axle buses (with
                                                    number.                                                                  on July 30, 2015.                                             Volvo B7L Chassis) are eligible for
                                                       Authority: 44 U.S.C. 3501–3520.                                       ADDRESSES: For further information                            importation into the United States.
                                                                                                                             contact George Stevens, Office of                             NHTSA published a notice of the
                                                    Rebecca Pennington,
                                                                                                                             Vehicle Safety Compliance, NHTSA                              petition on January 26, 2015 (80 FR
                                                    Chief Financial Officer.                                                                                                               4033) to afford an opportunity for public
                                                                                                                             (202–366–5308).
                                                    [FR Doc. 2015–19213 Filed 8–4–15; 8:45 am]                                                                                             comment. No comments were received.
                                                                                                                             SUPPLEMENTARY INFORMATION:
                                                    BILLING CODE 4910–06–P                                                                                                                 The reader is referred to that notice for
                                                                                                                             Background                                                    a thorough description of the petition.
                                                                                                                                Under 49 U.S.C 30141(a)(1)(B),a                            NHTSA Conclusions
                                                    DEPARTMENT OF TRANSPORTATION
                                                                                                                             motor vehicle that was not originally
                                                                                                                             manufactured to conform to all                                   NHTSA has reviewed the petition and
                                                    National Highway Traffic Safety
                                                                                                                             applicable FMVSS shall be refused                             supporting information submitted by US
                                                    Administration
                                                                                                                             admission into the United States unless                       Specs and has concluded that the
                                                    [Docket No. NHTSA–2013–0021, Notice 2]                                   NHTSA has decided its safety features                         vehicles covered by the petition have
                                                                                                                             comply with, or are capable of being                          safety features that are capable of being
                                                    Decision That Nonconforming Model                                                                                                      altered to comply with all applicable
                                                                                                                             altered to comply with, all applicable
                                                    Year 2000 East Lancashire                                                                                                              FMVSS.
                                                                                                                             FMVSS based on destructive test data or
                                                    Coachbuilders Limited Double Decker                                                                                                       NHTSA has also determined that
                                                                                                                             such other evidence that NHTSA
                                                    Tri-Axle Buses (With Volvo B7L                                                                                                         because the subject vehicles were
                                                                                                                             decides to be adequate.
                                                    Chassis) Are Eligible for Importation                                       Petitions for eligibility decisions may                    manufactured in two or more stages, any
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    AGENCY: National Highway Traffic                                         be submitted by either manufacturers or                       Registered Importer (RI) that imports the
                                                    Safety Administration (NHTSA),                                           importers who have registered with                            subject vehicles must provide separate
                                                    Department of Transportation (DOT).                                      NHTSA pursuant to 49 CFR part 592. As                         proof that the chassis and the body of
                                                    ACTION: Grant of petition.                                               specified in 49 CFR 593.7, NHTSA                              each vehicle are the originals used by
                                                                                                                             publishes notice in the Federal Register                      East Lancashire Coachbuilders Limited
                                                    SUMMARY:   This document announces a                                     of each petition that it receives, and                        when manufacturing the bus for the
                                                    decision by the National Highway                                         affords interested persons an                                 subject model year. Such proof shall be
                                                    Traffic Safety Administration that                                       opportunity to comment on the petition.                       provided as part of the statement of


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                                                    46646                      Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices

                                                    conformity and associated documents                     with FMVSS No. 121. Should any part                   reports not submitted as part of the
                                                    (referred to as a ‘‘conformity package’’)               not be present, or prevent compliance                 petition, must be provided with each
                                                    the RI must submit to NHTSA under 49                    with the requirements of the standard as              conformity package.
                                                    CFR 592.6(d) to obtain release of the                   installed, modification of the bus and
                                                                                                                                                                  Decision
                                                    DOT Conformance bond furnished at                       proof of conformance after modification
                                                    the time the vehicle is imported.                       must be included with each conformity                    Accordingly, on the basis of the
                                                       Because it is common practice for                    package.                                              foregoing, NHTSA hereby decides that
                                                    transit bus bodies to have seating and                    S5.1.1—Data related to reservoir volumes
                                                                                                                                                                  MY 2000 East Lancashire Coachbuilders
                                                    other interior modifications made                       necessary to demonstrate conformance to               Limited Double Decker Tri-Axle buses
                                                    during use for the purposes of update                   compressor recharge rate.                             (mounted on a Volvo B7L Chassis), that
                                                    and repair, it is expected that after many                S5.1.2.3—Check valves to protect against            were not originally manufactured to
                                                    years in service at least some of the                   reservoir air loss.                                   comply with all applicable FMVSS, are
                                                    buses eligible for importation under this                 S5.1.2.4—Manually operated condensate               capable of being altered to conform to
                                                    decision will not have the same interior                drain valve for reservoirs.                           all applicable Federal Motor Vehicle
                                                    configuration, controls and displays,                     S5.1.4—In-dash pressure gauge.                      Safety Standards.
                                                    etc., as the vehicle(s) described in the                  S5.1.5—Device that gives a low pressure
                                                    petition. Therefore, NHTSA has decided                  warning in accordance with this section.              Vehicle Eligibility Number for Subject
                                                    that RIs must also include in each
                                                                                                              S5.1.8(a)—Automatic slack adjusters.                Vehicles
                                                                                                              S5.1.6.2—In-dash ABS malfunction
                                                    conformity package specific proof to                    indicator lamp/check lamp function.                      The importer of a vehicle admissible
                                                    confirm that the vehicle was originally                   S5.6.4—Identification of the method of              under any final decision must indicate
                                                    manufactured to conform to, or was                      control operation of the parking brake                on the form HS–7 accompanying entry
                                                    successfully altered to conform to, each                control.                                              the appropriate vehicle eligibility
                                                    applicable standard. Any components                                                                           number indicating that the vehicle is
                                                                                                               Photographs of all brake system
                                                    that differ from the original equipment                                                                       eligible for entry. VCP–59 is the vehicle
                                                                                                            related controls and displays must also
                                                    installed on the vehicle must be fully                                                                        eligibility number assigned to vehicles
                                                                                                            be included in each conformity package.
                                                    described, and if the presence of that                                                                        admissible under this notice of final
                                                                                                               Standard No. 124—Accelerator
                                                    component could impact the vehicle’s                                                                          decision.
                                                                                                            Control Systems: Installation of a
                                                    compliance with an applicable safety                                                                            Authority: 49 U.S.C. 30118, 30120:
                                                                                                            specific accelerator control system to
                                                    standard, the conformity package must                                                                         Delegations of authority at 49 CFR 1.95 and
                                                    include reports of testing or inspection                meet the requirements of this standard
                                                                                                            was described in the petition.                        501.8.
                                                    sufficient to establish the vehicle’s
                                                                                                            Documentation showing that, as                          Issued on: July 30, 2015.
                                                    compliance with that standard with the
                                                    component installed. This additional                    modified, the vehicle conforms to the                 John Finneran,
                                                    information must also be supplied any                   standard must be provided in each                     Acting Director, Office of Vehicle Safety
                                                    time an alteration that requires                        conformity package.                                   Compliance.
                                                    replacement of a nonconforming system,                     Standard No. 205—Glazing Materials:                [FR Doc. 2015–19210 Filed 8–4–15; 8:45 am]
                                                    such as the vehicle driver’s seat or                    All glazing replaced to meet the                      BILLING CODE 4910–59–P
                                                    accelerator control system, differs from                requirements of FMVSS No. 217 must
                                                    that originally described in the petition.              also meet all applicable requirements of
                                                       In addition to the modifications                     FMVSS No. 205. In addition, all glazing               DEPARTMENT OF TRANSPORTATION
                                                    described in the petition as needed to                  must be inspected for compliance with
                                                                                                                                                                  [Docket No. DOT–OST–2015–0153]
                                                    conform the vehicle to all applicable                   FMVSS No. 205. Any noncompliant
                                                    FMVSS, NHTSA has decided that                           glazing must be replaced with                         Agency Requests for Approval of a
                                                    additional or alternative modifications                 compliant glazing and proof of                        New Information Collection(s): Post-
                                                    must be performed, and, for some of                     compliance must be included in each                   Challenge Year Survey—Mayors’
                                                    those modifications, proof of                           conformity package.                                   Challenge for Safer People and Safer
                                                    conformance must be provided in the                        Standard No. 217—Bus Emergency                     Streets
                                                    conformity package, as set forth below.                 Exits and Window Retention and
                                                       Standard No. 108—Lamps, Reflective                   Release: The petition states that the                 AGENCY: Office of the Secretary of
                                                    Devices and Associated Equipment: The                   vehicles must be modified by                          Transportation, Department of
                                                    conformity package must include                         installation of an emergency escape                   Transportation.
                                                    documentation from the lighting                         hatch and emergency escape windows                    ACTION: Notice and request for
                                                    manufacturer for each lamp mounted on                   in a manner consistent with the                       comments.
                                                    the bus showing that the lamp has been                  requirements of this standard. Test
                                                    certified as conforming to FMVSS No.                    reports were submitted in an effort to                SUMMARY:   The Department of
                                                    108 for the purpose for which the lamp                  demonstrate that compliance with the                  Transportation (DOT) invites public
                                                    is used. Specific proof that the                        standard can be achieved after these                  comments about our intention to request
                                                    headlamps meet the operating voltage                    modifications are performed.                          the Office of Management and Budget
                                                    requirements of FMVSS No. 108 must                      Photographs (including images of all                  (OMB) approval for a new information
                                                    also be provided in the conformity                      required labeling) and bus plan view                  collection.
                                                    package.                                                drawings showing the location and                     DATES: Written comments should be
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       Standard No. 121—Air Brake Systems:                  operation of all exits, must be provided              submitted by October 5, 2015.
                                                    Inspection of each bus to specifically                  with each conformity package.                         ADDRESSES: You may submit comments
                                                    verify that the critical components listed                 Standard No. 302—Flammability of                   [identified by Docket No. DOT–OST–
                                                    below (by the applicable paragraph in                   Interior Materials: Documentation                     2015–0153] through one of the
                                                    FMVSS No. 121) are present, are                         showing how the RI has confirmed that                 following methods:
                                                    significantly similar to those originally               all interior components on each bus                      • Federal eRulemaking Portal: http://
                                                    installed on the Volvo B7L chassis and                  conform to all applicable requirements                www.regulations.gov. Follow the online
                                                    function as required for compliance                     of this standard, including any test                  instructions for submitting comments.


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Document Created: 2018-02-23 10:53:36
Document Modified: 2018-02-23 10:53:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
DatesThis decision became effective on July 30, 2015.
FR Citation80 FR 46645 

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