81_FR_10958 81 FR 10917 - TUV SUD America Inc.: Grant of Expansion of Recognition

81 FR 10917 - TUV SUD America Inc.: Grant of Expansion of Recognition

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 41 (March 2, 2016)

Page Range10917-10918
FR Document2016-04526

In this notice, OSHA announces its final decision to expand the scope of recognition for TUV SUD America, Inc. as a Nationally Recognized Testing Laboratory (NRTL).

Federal Register, Volume 81 Issue 41 (Wednesday, March 2, 2016)
[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Notices]
[Pages 10917-10918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04526]


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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]


TUV SUD America Inc.: Grant of Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces its final decision to expand 
the scope of recognition for TUV SUD America, Inc. as a Nationally 
Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
March 2, 2016.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: [email protected]. OSHA's Web page includes 
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of TUV SUD America, Inc. (TUVAM) as an NRTL. TUVAM's 
expansion covers the addition of fifteen test standards and one 
recognized testing and certification site to its scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets 
the requirements specified by 29 CFR 1910.7. Recognition is an 
acknowledgment that the organization can perform independent safety 
testing and certification of the specific products covered within its 
scope of recognition and is not a delegation or grant of government 
authority. As a result of recognition, employers may use products 
properly approved by the NRTL to meet OSHA standards that require 
testing and certification of the products.
    The Agency processes applications by an NRTL for initial 
recognition, or for expansion or renewal of this recognition, following 
requirements in Appendix A to 29 CFR 1910.7. This appendix requires 
that the Agency publish two notices in the Federal Register in 
processing an application. In the first notice, OSHA announces the 
application and provides its preliminary finding and, in the second 
notice, the Agency provides its final decision on the application. 
These notices set forth the NRTL's scope of recognition or 
modifications of that scope. OSHA maintains an informational Web page 
for each NRTL that details its scope of recognition. These pages are 
available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVAM submitted an application, dated October 16, 2014, (OSHA-2007-
0043-0014) to expand its recognition to include fifteen additional test 
standards and one additional recognized testing and certification site 
located at: TUV SUD, 1229 Ringwell Drive, Newmarket, ON, L3Y 8T8, 
Canada. OSHA staff performed a detailed analysis of the application, 
including a comparability analysis, and reviewed other pertinent 
information. OSHA performed an on-site review of TUVAM's testing and 
certification facility in Newmarket, ON Canada on July 14-15, 2015, in 
which assessors found nonconformances with the requirements of 29 CFR 
1910.7. TUVAM addressed these issues sufficiently, and OSHA staff 
recommended expansion of TUVAM's recognition to include these standards 
and this site.
    OSHA published the preliminary notice announcing TUVAM's expansion 
application in the Federal Register on December 7, 2015 (80 FR 76045). 
The Agency requested comments by December 22, 2015, but it received no 
comments in response to this notice. OSHA now is proceeding with this 
final notice to grant expansion of TUVAM's scope of recognition.
    To obtain or review copies of all public documents pertaining to 
TUVAM's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 
20210. Docket No. OSHA-2007-0043 contains all materials in the record 
concerning TUVAM's recognition.

II. Final Decision and Order

    OSHA staff examined TUVAM's expansion application, its capability 
to meet the requirements of the test standards, conducted a detailed 
on-site assessment, and reviewed other pertinent information. Based on 
its review of this evidence, OSHA finds that TUVAM meets the 
requirements of 29 CFR 1910.7 for expansion of its recognition, subject 
to the limitation and conditions listed below. OSHA, therefore, is 
proceeding with this final notice to grant TUVAM's scope of 
recognition. OSHA limits the expansion of TUVAM's recognition to 
testing and certification of products for demonstration of conformance 
to the test standards listed in Table 1 below. Further, OSHA limits the 
expansion of TUVAM's recognition to include the site at TUV SUD, 
Newmarket, ON Canada as listed above. OSHA's recognition of this site 
limits TUVAM to performing product testing and certifications only to 
the test standards for which the site has the proper capability and 
programs, and for test standards in TUVAM's scope of recognition. These 
limitations are consistent with the recognition that OSHA grants to 
other NRTLs that operate multiple sites.

[[Page 10918]]



 Table 1--List Appropriate Test Standards for Inclusion in TUVAM's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
          Test standard                     Test standard title
------------------------------------------------------------------------
UL 2202..........................  Standard for Electric Vehicle (EV)
                                    Charging System Equipment.
ANSI Z83.8.......................  Gas Unit Heaters, Gas Utility Heaters
                                    and Gas-Fired Duct Furnaces.
ANSI Z21.13......................  Gas-Fired Low Pressure Steam and Hot
                                    Water Boilers.
UL 795...........................  Standard for Commercial-Industrial
                                    Gas Heating Equipment.
UL 726...........................  Standard for Oil-Fired Boiler
                                    Assemblies.
UL 727...........................  Standard for Oil-Fired Central
                                    Furnaces.
ANS Z21.10.3.....................  Gas-Fired Water Heaters--Volume III,
                                    Storage Water Heaters With Input
                                    Ratings Above 75,000 BTU Per Hour,
                                    Circulating and Instantaneous.
UL 484...........................  Standard for Room Air Conditioners.
UL 705...........................  Standard for Power Ventilators.
UL 1812..........................  Standard for Ducted Heat Recovery
                                    Ventilators.
UL 1815..........................  Standard for Non-ducted Heat Recovery
                                    Ventilators.
UL 412...........................  Standard for Refrigeration Unit
                                    Coolers.
UL 1042..........................  Standard for Electric Baseboard
                                    Heating Equipment.
UL 1996..........................  Standard for Electric Duct Heaters.
UL 2021..........................  Standard for Fixed and Location-
                                    Dedicated Electric Room Heaters.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, an 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. However, 
for convenience, we may use the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation. Under 
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, 
paragraph XIV), any NRTL recognized for a particular test standard may 
use either the proprietary version of the test standard or the ANSI 
version of that standard. Contact ANSI to determine whether a test 
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
TUVAM must abide by the following conditions of the recognition:
    1. TUVAM must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as an NRTL, and provide details of the 
change(s);
    2. TUVAM must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. TUVAM must continue to meet the requirements for recognition, 
including all previously published conditions on TUVAM's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the 
scope of recognition of TUVAM, subject to the limitation and conditions 
specified above.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on February 25, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-04526 Filed 3-1-16; 8:45 am]
 BILLING CODE 4510-26-P



                                                                               Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Notices                                          10917

                                                  http://www.regulations.gov Web site to                  of Labor, 200 Constitution Avenue NW.,                information. OSHA performed an on-
                                                  submit comments and access the docket                   Room N–3655, Washington, DC 20210;                    site review of TUVAM’s testing and
                                                  is available at the Web site’s ‘‘User                   telephone: (202) 693–2110; email:                     certification facility in Newmarket, ON
                                                  Tips’’ link. Contact the OSHA Docket                    robinson.kevin@dol.gov. OSHA’s Web                    Canada on July 14–15, 2015, in which
                                                  Office for information about materials                  page includes information about the                   assessors found nonconformances with
                                                  not available from the Web site, and for                NRTL Program (see http://                             the requirements of 29 CFR 1910.7.
                                                  assistance in using the Internet to locate              www.osha.gov/dts/otpca/nrtl/                          TUVAM addressed these issues
                                                  docket submissions.                                     index.html).                                          sufficiently, and OSHA staff
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                recommended expansion of TUVAM’s
                                                  V. Authority and Signature
                                                                                                                                                                recognition to include these standards
                                                    David Michaels, Ph.D., MPH,                           I. Notice of Final Decision                           and this site.
                                                  Assistant Secretary of Labor for                           OSHA hereby gives notice of the                       OSHA published the preliminary
                                                  Occupational Safety and Health,                         expansion of the scope of recognition of              notice announcing TUVAM’s expansion
                                                  directed the preparation of this notice.                TUV SUD America, Inc. (TUVAM) as an                   application in the Federal Register on
                                                  The authority for this notice is the                    NRTL. TUVAM’s expansion covers the                    December 7, 2015 (80 FR 76045). The
                                                  Paperwork Reduction Act of 1995 (44                     addition of fifteen test standards and                Agency requested comments by
                                                  U.S.C. 3506 et seq.) and Secretary of                   one recognized testing and certification              December 22, 2015, but it received no
                                                  Labor’s Order No. 1–2012 (77 FR 3912).                  site to its scope of recognition.                     comments in response to this notice.
                                                    Signed at Washington, DC, on February 25,                OSHA recognition of an NRTL                        OSHA now is proceeding with this final
                                                  2016.                                                   signifies that the organization meets the             notice to grant expansion of TUVAM’s
                                                  David Michaels,                                         requirements specified by 29 CFR                      scope of recognition.
                                                  Assistant Secretary of Labor for Occupational           1910.7. Recognition is an                                To obtain or review copies of all
                                                  Safety and Health.                                      acknowledgment that the organization                  public documents pertaining to
                                                  [FR Doc. 2016–04523 Filed 3–1–16; 8:45 am]              can perform independent safety testing                TUVAM’s application, go to
                                                  BILLING CODE 4510–26–P                                  and certification of the specific products            www.regulations.gov or contact the
                                                                                                          covered within its scope of recognition               Docket Office, Occupational Safety and
                                                                                                          and is not a delegation or grant of                   Health Administration, U.S. Department
                                                  DEPARTMENT OF LABOR                                     government authority. As a result of                  of Labor, 200 Constitution Avenue NW.,
                                                                                                          recognition, employers may use                        Room N–2625, Washington, DC 20210.
                                                  Occupational Safety and Health                          products properly approved by the                     Docket No. OSHA–2007–0043 contains
                                                  Administration                                          NRTL to meet OSHA standards that                      all materials in the record concerning
                                                  [Docket No. OSHA–2007–0043]                             require testing and certification of the              TUVAM’s recognition.
                                                                                                          products.
                                                                                                                                                                II. Final Decision and Order
                                                  TUV SUD America Inc.: Grant of                             The Agency processes applications by
                                                  Expansion of Recognition                                an NRTL for initial recognition, or for                  OSHA staff examined TUVAM’s
                                                                                                          expansion or renewal of this                          expansion application, its capability to
                                                  AGENCY: Occupational Safety and Health                  recognition, following requirements in                meet the requirements of the test
                                                  Administration (OSHA), Labor.                           Appendix A to 29 CFR 1910.7. This                     standards, conducted a detailed on-site
                                                  ACTION: Notice.                                         appendix requires that the Agency                     assessment, and reviewed other
                                                                                                          publish two notices in the Federal                    pertinent information. Based on its
                                                  SUMMARY:   In this notice, OSHA                         Register in processing an application. In             review of this evidence, OSHA finds
                                                  announces its final decision to expand                  the first notice, OSHA announces the                  that TUVAM meets the requirements of
                                                  the scope of recognition for TUV SUD                    application and provides its preliminary              29 CFR 1910.7 for expansion of its
                                                  America, Inc. as a Nationally                           finding and, in the second notice, the                recognition, subject to the limitation
                                                  Recognized Testing Laboratory (NRTL).                   Agency provides its final decision on                 and conditions listed below. OSHA,
                                                  DATES: The expansion of the scope of                    the application. These notices set forth              therefore, is proceeding with this final
                                                  recognition becomes effective on March                  the NRTL’s scope of recognition or                    notice to grant TUVAM’s scope of
                                                  2, 2016.                                                modifications of that scope. OSHA                     recognition. OSHA limits the expansion
                                                  FOR FURTHER INFORMATION CONTACT:                        maintains an informational Web page                   of TUVAM’s recognition to testing and
                                                  Information regarding this notice is                    for each NRTL that details its scope of               certification of products for
                                                  available from the following sources:                   recognition. These pages are available                demonstration of conformance to the
                                                     Press inquiries: Contact Mr. Frank                   from the Agency’s Web site at http://                 test standards listed in Table 1 below.
                                                  Meilinger, Director, OSHA Office of                     www.osha.gov/dts/otpca/nrtl/                          Further, OSHA limits the expansion of
                                                  Communications, U.S. Department of                      index.html.                                           TUVAM’s recognition to include the site
                                                  Labor, 200 Constitution Avenue NW.,                        TUVAM submitted an application,                    at TUV SUD, Newmarket, ON Canada as
                                                  Room N–3647, Washington, DC 20210;                      dated October 16, 2014, (OSHA–2007–                   listed above. OSHA’s recognition of this
                                                  telephone: (202) 693–1999; email:                       0043–0014) to expand its recognition to               site limits TUVAM to performing
                                                  meilinger.francis2@dol.gov.                             include fifteen additional test standards             product testing and certifications only
                                                     General and technical information:                   and one additional recognized testing                 to the test standards for which the site
                                                  Contact Mr. Kevin Robinson, Director,                   and certification site located at: TUV                has the proper capability and programs,
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                                                  Office of Technical Programs and                        SUD, 1229 Ringwell Drive, Newmarket,                  and for test standards in TUVAM’s
                                                  Coordination Activities, Directorate of                 ON, L3Y 8T8, Canada. OSHA staff                       scope of recognition. These limitations
                                                  Technical Support and Emergency                         performed a detailed analysis of the                  are consistent with the recognition that
                                                  Management, Occupational Safety and                     application, including a comparability                OSHA grants to other NRTLs that
                                                  Health Administration, U.S. Department                  analysis, and reviewed other pertinent                operate multiple sites.




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                                                  10918                               Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Notices

                                                            TABLE 1—LIST APPROPRIATE TEST STANDARDS FOR INCLUSION IN TUVAM’S NRTL SCOPE OF RECOGNITION
                                                        Test standard                                                                        Test standard title

                                                  UL 2202 .....................      Standard for Electric Vehicle (EV) Charging System Equipment.
                                                  ANSI Z83.8 ................        Gas Unit Heaters, Gas Utility Heaters and Gas-Fired Duct Furnaces.
                                                  ANSI Z21.13 ..............         Gas-Fired Low Pressure Steam and Hot Water Boilers.
                                                  UL 795 .......................     Standard for Commercial-Industrial Gas Heating Equipment.
                                                  UL 726 .......................     Standard for Oil-Fired Boiler Assemblies.
                                                  UL 727 .......................     Standard for Oil-Fired Central Furnaces.
                                                  ANS Z21.10.3 ............          Gas-Fired Water Heaters—Volume III, Storage Water Heaters With Input Ratings Above 75,000 BTU Per Hour, Circu-
                                                                                       lating and Instantaneous.
                                                  UL   484 .......................   Standard for Room Air Conditioners.
                                                  UL   705 .......................   Standard for Power Ventilators.
                                                  UL   1812 .....................    Standard for Ducted Heat Recovery Ventilators.
                                                  UL   1815 .....................    Standard for Non-ducted Heat Recovery Ventilators.
                                                  UL   412 .......................   Standard for Refrigeration Unit Coolers.
                                                  UL   1042 .....................    Standard for Electric Baseboard Heating Equipment.
                                                  UL   1996 .....................    Standard for Electric Duct Heaters.
                                                  UL   2021 .....................    Standard for Fixed and Location-Dedicated Electric Room Heaters.



                                                     OSHA’s recognition of any NRTL for                       TUVAM’s scope of recognition, in all                  Budget’s (OMB) approval of the
                                                  a particular test standard is limited to                    areas for which it has recognition.                   information collection requirements
                                                  equipment or materials for which OSHA                         Pursuant to the authority in 29 CFR                 contained in the Walking and Working
                                                  standards require third-party testing and                   1910.7, OSHA hereby expands the scope                 Surfaces Standard for General Industry
                                                  certification before using them in the                      of recognition of TUVAM, subject to the               (29 CFR part 1910, subpart D).
                                                  workplace. Consequently, if a test                          limitation and conditions specified                   DATES: Comments must be submitted
                                                  standard also covers any products for                       above.                                                (postmarked, sent, or received) by May
                                                  which OSHA does not require such                                                                                  2, 2016.
                                                                                                              Authority and Signature
                                                  testing and certification, an NRTL’s                                                                              ADDRESSES: Electronically: You may
                                                  scope of recognition does not include                          David Michaels, Ph.D., MPH,                        submit comments and attachments
                                                  these products.                                             Assistant Secretary of Labor for                      electronically at http://
                                                     The American National Standards                          Occupational Safety and Health, 200                   www.regulations.gov, which is the
                                                  Institute (ANSI) may approve the test                       Constitution Avenue NW., Washington,                  Federal eRulemaking Portal. Follow the
                                                  standards listed above as American                          DC 20210, authorized the preparation of               instructions online for submitting
                                                  National Standards. However, for                            this notice. Accordingly, the Agency is               comments.
                                                  convenience, we may use the                                 issuing this notice pursuant to 29 U.S.C.                Facsimile: If your comments,
                                                  designation of the standards-developing                     657(g)(2), Secretary of Labor’s Order No.             including attachments, are not longer
                                                  organization for the standard as opposed                    1–2012 (77 FR 3912, Jan. 25, 2012), and               than 10 pages you may fax them to the
                                                  to the ANSI designation. Under the                          29 CFR 1910.7.                                        OSHA Docket Office at (202) 693–1648.
                                                  NRTL Program’s policy (see OSHA                               Signed at Washington, DC, on February 25,              Mail, hand delivery, express mail,
                                                  Instruction CPL 1–0.3, Appendix C,                          2016.                                                 messenger, or courier service: When
                                                  paragraph XIV), any NRTL recognized                         David Michaels,                                       using this method, you must submit a
                                                  for a particular test standard may use                      Assistant Secretary of Labor for Occupational         copy of your comments and attachments
                                                  either the proprietary version of the test                  Safety and Health.                                    to the OSHA Docket Office, Docket No.
                                                  standard or the ANSI version of that                        [FR Doc. 2016–04526 Filed 3–1–16; 8:45 am]
                                                                                                                                                                    OSHA–2013–0002, Occupational Safety
                                                  standard. Contact ANSI to determine                                                                               and Health Administration, U.S.
                                                                                                              BILLING CODE 4510–26–P
                                                  whether a test standard is currently                                                                              Department of Labor, Room N–2625,
                                                  ANSI-approved.                                                                                                    200 Constitution Avenue NW.,
                                                                                                              DEPARTMENT OF LABOR                                   Washington, DC 20210. Deliveries
                                                  A. Conditions                                                                                                     (hand, express mail, messenger, and
                                                     In addition to those conditions                          Occupational Safety and Health                        courier service) are accepted during the
                                                  already required by 29 CFR 1910.7,                          Administration                                        Department of Labor’s and Docket
                                                  TUVAM must abide by the following                                                                                 Office’s normal business hours, 8:15
                                                                                                              [Docket No. OSHA–2013–0002]                           a.m. to 4:45 p.m., e.t.
                                                  conditions of the recognition:
                                                                                                                                                                       Instructions: All submissions must
                                                     1. TUVAM must inform OSHA as                             Walking and Working Surfaces
                                                                                                                                                                    include the Agency name and the OSHA
                                                  soon as possible, in writing, of any                        Standard for General Industry;
                                                                                                                                                                    docket number (OSHA–2013–0002) for
                                                  change of ownership, facilities, or key                     Extension of the Office of Management
                                                                                                                                                                    the Information Collection Request
                                                  personnel, and of any major change in                       and Budget’s (OMB) Approval of the
                                                                                                                                                                    (ICR). All comments, including any
                                                  its operations as an NRTL, and provide                      Information Collection (Paperwork)
                                                                                                                                                                    personal information you provide, are
                                                  details of the change(s);                                   Requirements
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                                                                                                                                                                    placed in the public docket without
                                                     2. TUVAM must meet all the terms of                      AGENCY:  Occupational Safety and Health               change, and may be made available
                                                  its recognition and comply with all                         Administration (OSHA), Labor.                         online at http://www.regulations.gov.
                                                  OSHA policies pertaining to this                            ACTION: Request for public comments.                  For further information on submitting
                                                  recognition; and                                                                                                  comments, see the ‘‘Public
                                                     3. TUVAM must continue to meet the                       SUMMARY:  OSHA solicits public                        Participation’’ heading in the section of
                                                  requirements for recognition, including                     comments concerning its proposal to                   this notice titled SUPPLEMENTARY
                                                  all previously published conditions on                      extend the Office of Management and                   INFORMATION.



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Document Created: 2018-02-02 15:04:24
Document Modified: 2018-02-02 15:04:24
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
ActionNotice.
DatesThe expansion of the scope of recognition becomes effective on March 2, 2016.
ContactInformation regarding this notice is available from the following sources:
FR Citation81 FR 10917 

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