81 FR 38638 - Safety Zone; Fourth of July Fireworks Patriots Point, Charleston, SC
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 114 (June 14, 2016)
Coast Guard
Federal Register Volume 81, Issue 114 (June 14, 2016)
| Page Range | 38638-38640 | |
| FR Document | 2016-13996 |
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)] [Proposed Rules] [Pages 38638-38640] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13996] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0224] RIN 1625-AA00 Safety Zone; Fourth of July Fireworks Patriots Point, Charleston, SC AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a temporary safety zone in the navigable waters of Charleston, SC. This safety zone is necessary to protect the public from hazards associated with launching fireworks over navigable waters of the United States. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Charleston or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before June 29, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0224 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On March 10, 2016, The Patriots Point Maritime Museum notified the Coast Guard that it will be conducting a fireworks display from 9 p.m. to 9:30 p.m. on July 4, 2016. The fireworks are to be launched from a barge along the bank of the Cooper River at Patriots Point in Charleston, SC. Hazards from firework displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Charleston (COTP) has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within a 500- yard radius of the barge. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a 500-yard radius of the fireworks barge before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The COTP proposes to establish a safety zone from 8:45 p.m. to 9:45 p.m. on July 4, 2016. The safety zone would cover all navigable waters within 500 yards of the barge located at Patriots Point on the Cooper River. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 9 p.m. to 9:30 p.m. fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the [[Page 38639]] importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic would be able to safely transit around this safety zone which would impact a small designated area of the Atlantic Ocean for less than 1 hour during the evening when vessel traffic is normally low. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 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 certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed 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 section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments 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 proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting less than 1 hour that would prohibit entry within 500 yards of the fireworks barge. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov [[Page 38640]] and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and Department of Homeland Security Delegation No. 0170.1. 0 2. Add temporary Sec. 165.T07-0224 to read as follows: Sec. 165.T07-0224 Safety zone; Fourth of July fireworks Patriots Point, Charleston, SC. (a) This rule establishes a safety zone on all Cooper River waters within a 500 yard radius of barge, from which fireworks will be launched. (b) Definition. The term ``designated representative'' means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. (2) Persons and vessels desiring to enter, transit through, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at 843-740-7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Enforcement period. This rule will be enforced on July 4, 2016 from 8:45 p.m. until 9:45 p.m. Dated: May 31, 2016. G.L. Tomasulo, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2016-13996 Filed 6-13-16; 8:45 am] BILLING CODE 9110-04-P
![38638 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Proposed Rules
determined for Federal estate tax information about having your name DHS Department of Homeland Security
purposes. placed on the building access list to FR Federal Register
attend the hearing, see the FOR FURTHER NPRM Notice of proposed rulemaking
DATES: The public hearing is being held § Section
on Monday, June 27, 2016 at 10:00 a.m. INFORMATION CONTACT section of this
U.S.C. United States Code
The IRS must receive outlines of the document.
topics to be discussed at the public Martin V. Franks, II. Background, Purpose, and Legal
hearing by Monday, June 20, 2016. Chief, Publications and Regulations Branch, Basis
ADDRESSES: The public hearing is being Legal Processing Division, Associate Chief On March 10, 2016, The Patriots Point
held in the IRS Auditorium, Internal Counsel (Procedure and Administration). Maritime Museum notified the Coast
Revenue Service Building, 1111 [FR Doc. 2016–14010 Filed 6–13–16; 8:45 am] Guard that it will be conducting a
Constitution Avenue NW., Washington, BILLING CODE 4830–01–P fireworks display from 9 p.m. to 9:30
DC 20224. Due to building security p.m. on July 4, 2016. The fireworks are
procedures, visitors must enter at the to be launched from a barge along the
Constitution Avenue entrance. In bank of the Cooper River at Patriots
DEPARTMENT OF HOMELAND
addition, all visitors must present photo Point in Charleston, SC. Hazards from
SECURITY
identification to enter the building. firework displays include accidental
Send Submissions to CC:PA:LPD:PR Coast Guard discharge of fireworks, dangerous
(REG–127923–15), Room 5205, Internal
projectiles, and falling hot embers or
Revenue Service, P.O. Box 7604, Ben 33 CFR Part 165 other debris. The Captain of the Port
Franklin Station, Washington, DC
Charleston (COTP) has determined that
20044. Submissions may be hand- [Docket Number USCG–2016–0224]
potential hazards associated with the
delivered Monday through Friday to
RIN 1625–AA00 fireworks to be used in this display
CC:PA:LPD:PR (REG–127923–15),
would be a safety concern for anyone
Couriers Desk, Internal Revenue Safety Zone; Fourth of July Fireworks within a 500-yard radius of the barge.
Service, 1111 Constitution Avenue NW., Patriots Point, Charleston, SC The purpose of this rulemaking is to
Washington, DC 20224 or sent
ensure the safety of vessels and the
electronically via the Federal AGENCY: Coast Guard, DHS.
navigable waters within a 500-yard
eRulemaking Portal at ACTION: Notice of proposed rulemaking. radius of the fireworks barge before,
www.regulations.gov (IRS–2016–0010).
SUMMARY: The Coast Guard proposes to during, and after the scheduled event.
FOR FURTHER INFORMATION CONTACT: The Coast Guard proposes this
Concerning the regulations, Theresa M. establish a temporary safety zone in the
navigable waters of Charleston, SC. This rulemaking under authority in 33 U.S.C.
Melchiorre at (202) 317–6859; 1231.
concerning submissions of comments, safety zone is necessary to protect the
the hearing and/or to be placed on the public from hazards associated with III. Discussion of Proposed Rule
building access list to attend the hearing launching fireworks over navigable The COTP proposes to establish a
Regina Johnson at (202) 317–6901 (not waters of the United States. This safety zone from 8:45 p.m. to 9:45 p.m.
toll-free numbers). proposed rulemaking would prohibit on July 4, 2016. The safety zone would
SUPPLEMENTARY INFORMATION: The persons and vessels from being in the cover all navigable waters within 500
subject of the public hearing is the safety zone unless authorized by the yards of the barge located at Patriots
notice of proposed rulemaking (REG– Captain of the Port Charleston or a Point on the Cooper River. The duration
127923–15) that was published in the designated representative. We invite of the zone is intended to ensure the
Federal Register on Friday, March 4, your comments on this proposed safety of vessels and these navigable
2016 (81 FR 11486). rulemaking. waters before, during, and after the
The rules of 26 CFR 601.601(a)(3) DATES: Comments and related material scheduled 9 p.m. to 9:30 p.m. fireworks
apply to the hearing. Persons who wish must be received by the Coast Guard on display. No vessel or person would be
to present oral comments at the hearing or before June 29, 2016. permitted to enter the safety zone
that submitted written comments by ADDRESSES: You may submit comments without obtaining permission from the
June 20, 2016 must submit an outline of identified by docket number USCG– COTP or a designated representative.
the topics to be addressed and the 2016–0224 using the Federal The regulatory text we are proposing
amount of time to be devoted to each eRulemaking Portal at http:// appears at the end of this document.
topic by Monday, June 20, 2016. www.regulations.gov. See the ‘‘Public
A period of 10 minutes is allotted to IV. Regulatory Analyses
Participation and Request for
each person for presenting oral Comments’’ portion of the We developed this proposed rule after
comments. After the deadline for SUPPLEMENTARY INFORMATION section for considering numerous statutes and
receiving outlines has passed, the IRS further instructions on submitting Executive orders related to rulemaking.
will prepare an agenda containing the comments. Below we summarize our analyses
schedule of speakers. Copies of the based on a number of these statutes and
agenda will be made available, free of FOR FURTHER INFORMATION CONTACT: If Executive orders and we discuss First
charge, at the hearing or in the Freedom you have questions about this proposed Amendment rights of protestors.
of Information Reading Room (FOIA RR) rulemaking, call or email Lieutenant
sradovich on DSK3TPTVN1PROD with PROPOSALS
(Room 1621) which is located at the John Downing, Sector Charleston Office A. Regulatory Planning and Review
11th and Pennsylvania Avenue NW., of Waterways Management, Coast Executive Orders 12866 and 13563
entrance, 1111 Constitution Avenue Guard; telephone (843) 740–3184, email direct agencies to assess the costs and
NW., Washington, DC 20224. John.Z.Downing@uscg.mil. benefits of available regulatory
Because of access restrictions, the IRS SUPPLEMENTARY INFORMATION: alternatives and, if regulation is
will not admit visitors beyond the necessary, to select regulatory
immediate entrance area more than 30 I. Table of Abbreviations approaches that maximize net benefits.
minutes before the hearing starts. For CFR Code of Federal Regulations Executive Order 13563 emphasizes the
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![38640 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Proposed Rules
and can be viewed by following that Mariners, and on-scene designated The EPA may publish any comment
Web site’s instructions. Additionally, if representatives. received to its public docket. Do not
you go to the online docket and sign up (d) Enforcement period. This rule will submit electronically any information
for email alerts, you will be notified be enforced on July 4, 2016 from 8:45 you consider to be Confidential
when comments are posted or a final p.m. until 9:45 p.m. Business Information (CBI) or other
rule is published. Dated: May 31, 2016. information whose disclosure is
G.L. Tomasulo, restricted by statute. Multimedia
List of Subjects in 33 CFR Part 165
submissions (audio, video, etc.) must be
Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the
Port Charleston. accompanied by a written comment.
(water), Reporting and recordkeeping The written comment is considered the
[FR Doc. 2016–13996 Filed 6–13–16; 8:45 am]
requirements, Security measures, official comment and should include
Waterways. BILLING CODE 9110–04–P
discussion of all points you wish to
For the reasons discussed in the make. The EPA will generally not
preamble, the Coast Guard proposes to consider comments or comment
amend 33 CFR part 165 as follows: ENVIRONMENTAL PROTECTION contents located outside of the primary
AGENCY submission (i.e., on the Web, Cloud, or
PART 165—REGULATED NAVIGATION other file sharing system). For
AREAS AND LIMITED ACCESS AREAS 40 CFR Parts 49 and 52
additional submission methods, the full
[EPA–HQ–OAR–2015–0782; FRL–9947–31– EPA public comment policy,
■ 1. The authority citation for part 165 OAR] information about CBI or multimedia
continues to read as follows:
RIN 2060–AS56 submissions, and general guidance on
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; making effective comments, please visit
33 CFR 1.05–1, 6.04–1, 6.04–6, and Rescission of Preconstruction Permits https://www.epa.gov/dockets/
Department of Homeland Security Delegation
Issued Under the Clean Air Act commenting-epa-dockets.
No. 0170.1.
FOR FURTHER INFORMATION CONTACT: For
■ 2. Add temporary § 165.T07–0224 to AGENCY: Environmental Protection
general information on this proposed
read as follows: Agency (EPA).
rule, please contact Ms. Jessica
ACTION: Proposed rule. Montanez, Office of Air Quality
§ 165.T07–0224 Safety zone; Fourth of July
fireworks Patriots Point, Charleston, SC. SUMMARY: The U.S. Environmental Planning and Standards, U.S.
(a) This rule establishes a safety zone Protection Agency (EPA) is proposing to Environmental Protection Agency, by
on all Cooper River waters within a 500 revise a limitation on the rescission of phone at (919) 541–3407 or by email at
yard radius of barge, from which stationary source preconstruction montanez.jessica@epa.gov. To request a
fireworks will be launched. permits that is contained in the federal public hearing or information pertaining
(b) Definition. The term ‘‘designated New Source Review (NSR) regulations. to a public hearing on this document,
representative’’ means Coast Guard This proposal would amend the EPA’s contact Ms. Pamela Long, Office of Air
Patrol Commanders, including Coast federal Prevention of Significant Quality Planning and Standards, U.S.
Guard coxswains, petty officers, and Deterioration (PSD) regulations to Environmental Protection Agency, by
other officers operating Coast Guard remove a date restriction from the phone at (919) 541–0641 or by email at
vessels, and Federal, state, and local current permit rescission provision. long.pam@epa.gov.
officers designated by or assisting the Other than removing the date SUPPLEMENTARY INFORMATION:
Captain of the Port Charleston in the restriction, the proposed rule is not I. General Information
enforcement of the regulated areas. intended to alter the circumstances
(c) Regulations. (1) All persons and under which an NSR permit may be A. How is this Federal Register
vessels are prohibited from entering, rescinded. This proposal would also document organized?
transiting through, anchoring in, or add a corresponding permit rescission The information presented in this
remaining within the regulated area provision in the federal regulations that document is organized as follows:
unless authorized by the Captain of the apply to major sources in nonattainment I. General Information
Port Charleston or a designated areas of Indian country. This rule also A. How is this Federal Register document
representative. proposes to correct an outdated cross- organized?
(2) Persons and vessels desiring to reference to another part of the B. Does this action apply to me?
enter, transit through, or remain within regulations. C. What should I consider as I prepare my
the regulated area may contact the comments for the EPA?
Captain of the Port Charleston by DATES: Comments. Comments must be D. How can I find information about a
telephone at 843–740–7050, or a received on or before July 14, 2016. possible public hearing?
designated representative via VHF radio Public hearing. If anyone contacts us E. Where can I obtain a copy of this
requesting a public hearing on or before document and other related information?
on channel 16, to request authorization. II. Overview of Action
If authorization to enter, transit through, June 20, 2016, we will hold a hearing.
Additional information about the III. Background
or remain within the regulated area is IV. Proposed Revisions
granted by the Captain of the Port hearing, if requested, will be published
A. Removal of Date Restriction
Charleston or a designated in a subsequent Federal Register B. Discretion of the Permitting Reviewing
sradovich on DSK3TPTVN1PROD with PROPOSALS
representative, all persons and vessels document. Authority
receiving such authorization must ADDRESSES: Submit your comments, C. Incorrect Cross Reference
comply with the instructions of the identified by Docket ID No. EPA–HQ– D. Rescission Authority for NA NSR
Permits in Indian Country
Captain of the Port Charleston or a OAR–2015–0782, at https:// E. Rescission Authority for Other Air
designated representative. www.regulations.gov. Follow the online Permitting Programs
(3) The Coast Guard will provide instructions for submitting comments. F. Public Notice
notice of the regulated area by Local Once submitted, comments cannot be V. Implementation
Notice to Mariners, Broadcast Notice to edited or removed from Regulations.gov. VI. Environmental Justice Considerations
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Document Created: 2016-06-14 02:59:11
Document Modified: 2016-06-14 02:59:11
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before June 29, 2016. | |
| Contact | If you have questions about this proposed rulemaking, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected] | |
| FR Citation | 81 FR 38638 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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