81 FR 46833 - Safety Zone; Navy UNDET, Apra Outer Harbor, GU
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 138 (July 19, 2016)
Coast Guard
Federal Register Volume 81, Issue 138 (July 19, 2016)
| Page Range | 46833-46835 | |
| FR Document | 2016-17036 |
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)] [Rules and Regulations] [Pages 46833-46835] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17036] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0555] RIN 1625-AA00 Safety Zone; Navy UNDET, Apra Outer Harbor, GU AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters within a 700-yard radius on the surface and 1400-yard radius underwater of the Navy underwater detonation operations in the waters of Apra Outer Harbor, Guam. The Coast Guard believes this safety zone regulation is necessary to protect all persons and vessel that would otherwise transit or be within the affected areas from possible safety hazards associated with underwater detonation operations. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Guam. DATES: This rule is effective from 8 a.m. through 4 p.m. on July 28, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0555 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Chief Kristina Gauthier, Sector Guam, U.S. Coast Guard; telephone (671) 355-4866, email [email protected]. SUPPLEMENTARY INFORMATION: [[Page 46834]] I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the operation to publish an NPRM. Thus, delaying the effective dates of this rule to wait for a comment period to run would be impracticable because it would inhibit the Coast Guard's ability to protect vessels and waterway users from the hazards associated with this operation. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Due to the late notice and inherent danger in underwater detonation exercises, delaying the effective period of this safety zone would be contrary to public interest. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Guam has determined that potential hazards associated with the U.S. Navy training exercise, which include detonation of underwater explosive on July 28, 2016, will be a safety concern for anyone within a 700-yard radius on the surface and 1400- yard radius underwater of the operation. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the exercise. Mariners and divers approaching too close to such exercises could potentially expose the mariner to flying debris or other hazardous conditions. IV. Discussion of the Rule The safety zone will cover all navigable waters within 700-yards on the surface and 1400-yards underwater of vessels and machinery being used by the Navy. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the underwater detonation exercise. No vessel or person will be permitted to enter the safety zones without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive order 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 importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it 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-year of the safety zone. Vessel traffic will be able to safely transit around this safety zone which will impact a small designated area of waters in Apra Outer Harbor for 8 hours. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone and the rule allows 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 rule will 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 V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will 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 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 rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian [[Page 46835]] 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 rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this 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 determined 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 rule involves a safety zone lasting eight hours that will prohibit entry within 700-yards on the surface and 1400-yards underwater of vessels and machinery being used by Navy personnel. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a 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 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. 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 amends 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, 195; 33 CFR 1.05- 1(g), 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1 0 2. Add Sec. 165.T14-0555 to read as follows: Sec. 165.T14-0555 Safety Zone; Navy UNDET, Apra Outer Harbor, GU. (a) Location. The following areas, within the Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to the ocean floor, are safety zones: Apra Outer Harbor, Guam July 28, 2016. All surface waters bounded by a circle with a 700-yard radius and all underwater areas bounded by a circle with a 1400 yard radius centered at 13[deg]27'42'' North Latitude and 144[deg]38'30'' East Longitude, (NAD 1983). (b) Effective period. This section is effective from 8 a.m. through 4 p.m. on July 28th, 2016. (c) Regulations. The general regulations governing safety zones contained in Sec. 165.23 apply. No vessels may enter or transit safety zones and no persons in the water may enter or transit safety zone unless authorized by the COTP or a designated representative thereof. (d) Enforcement. Any Coast Guard commissioned, warrant, or petty officer, and any other COTP representative permitted by law, may enforce these temporary safety zones. (e) Waiver. The COTP may waive any of the requirements of this section for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime security. (f) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: June 24, 2016. James B. Pruett, Captain, U.S. Coast Guard, Captain of the Port, Guam. [FR Doc. 2016-17036 Filed 7-18-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations 46833
Authority: 26 U.S.C. 7805 * * * DEPARTMENT OF HOMELAND arrange their transits to minimize any
■ Par. 2. Section 1.956–2T is amended SECURITY impact caused by the temporary
by revising the first sentence of deviation.
Coast Guard In accordance with 33 CFR 117.35(e),
paragraph (a)(4)(iv) Example 3.(A), the
the drawbridge must return to its regular
second sentence of paragraph (a)(4)(iv)
33 CFR Part 117 operating schedule immediately at the
Example 3.(B), and the third sentence of
end of the effective period of this
paragraph (a)(4)(iv) Example 4.(B) to [Docket No. USCG–2016–0645]
temporary deviation. This deviation
read as follows:
Drawbridge Operation Regulation; from the operating regulations is
§ 1.956–2T Definition of United States State Boat Channel, Captree Island, NY authorized under 33 CFR 117.35.
property (temporary). Dated: July 14, 2016.
* * * * * AGENCY: Coast Guard, DHS.
C.J. Bisignano,
ACTION: Notice of deviation from
(a) * * * Supervisory Bridge Management Specialist,
drawbridge regulation.
(4) * * * First Coast Guard District.
(iv) * * * SUMMARY: The Coast Guard has issued a [FR Doc. 2016–17006 Filed 7–18–16; 8:45 am]
Example 3. (A) Facts. Before the temporary deviation from the operating BILLING CODE 9110–04–P
inversion transaction, FA also wholly schedule that governs the Captree State
owns USP, a domestic corporation, Parkway Bridge across the State Boat
which, in turn, wholly owns, LFS, a Channel, mile 30.7 at Captree Island, DEPARTMENT OF HOMELAND
foreign corporation that is a controlled New York. This deviation is necessary SECURITY
foreign corporation. * * * to allow the bridge owner to perform
painting and steel repairs. Coast Guard
(B) * * * Because LFS was a
controlled foreign corporation and a DATES: This deviation is effective from
33 CFR Part 165
member of the EAG with respect to the September 6, 2016 to December 16,
inversion transaction on the completion 2016. [Docket Number USCG–2016–0555]
date, and DT was not a United States ADDRESSES: The docket for this RIN 1625–AA00
shareholder with respect to LFS on or deviation, [USCG–2016–0645] is
before the completion date, LFS is available at http://www.regulations.gov. Safety Zone; Navy UNDET, Apra Outer
excluded from the definition of Type the docket number in the Harbor, GU
expatriated foreign subsidiary pursuant ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
to § 1.7874–12T(a)(9)(ii). * * * AGENCY: Coast Guard, DHS.
Click on Open Docket Folder on the line
Example 4. * * * associated with this deviation. ACTION: Temporary final rule.
(B) * * * Because LFSS was not a FOR FURTHER INFORMATION CONTACT: If SUMMARY: The Coast Guard is
member of the EAG with respect to the you have questions about this temporary establishing a temporary safety zone for
inversion transaction on the completion deviation, call or email Judy Leung-Yee, navigable waters within a 700-yard
date, LFSS is not excluded from the Project Officer, First Coast Guard radius on the surface and 1400-yard
definition of expatriated foreign District, telephone (212) 514–4330, radius underwater of the Navy
subsidiary pursuant to § 1.7874– email judy.k.leung-yee@uscg.mil. underwater detonation operations in the
12T(a)(9)(ii). * * * SUPPLEMENTARY INFORMATION: waters of Apra Outer Harbor, Guam. The
* * * * * The Captree State Parkway Bridge, Coast Guard believes this safety zone
■ Par. 3. Section 1.7874–8T is amended mile 30.7, across the State Boat Channel, regulation is necessary to protect all
by revising the ninth sentence of has a vertical clearance in the closed persons and vessel that would otherwise
paragraph (h) Example 3.(ii) to read as position of 29 feet at mean high water transit or be within the affected areas
follows: and 30 feet at mean low water. The from possible safety hazards associated
existing bridge operating regulations are with underwater detonation operations.
§ 1.7874–8T Disregard of certain stock found at 33 CFR 117.799(i). Entry of vessels or persons into these
attributable to multiple domestic entity The waterway is transited by seasonal zones is prohibited unless specifically
acquisitions (temporary).
recreational traffic. authorized by the Captain of the Port
* * * * * New York State DOT, the owner of the Guam.
(h) * * * bridge, requested a temporary deviation DATES: This rule is effective from 8 a.m.
Example 3. * * * from the normal operating schedule to through 4 p.m. on July 28, 2016.
(ii) * * * Accordingly, the excluded perform painting and steel repairs.
ADDRESSES: To view documents
amount is $112.50x calculated as 150 Under this temporary deviation, the
Captree State Parkway Bridge will not mentioned in this preamble as being
(200, the total number of prior
open for marine traffic from September available in the docket, go to http://
acquisition shares, less 50, the allocable
6, 2016 to December 16, 2016. www.regulations.gov, type USCG–2016–
redeemed shares) multiplied by $0.75x
Vessels able to pass under the bridge 0555 in the ‘‘SEARCH’’ box and click
(the fair market value of a single share
in the closed position may do so at ‘‘SEARCH.’’ Click on Open Docket
of FA stock on the completion date with
anytime. The bridge will not be able to Folder on the line associated with this
respect to the DT2 acquisition). * * *
open for emergencies and there is no rule.
* * * * * FOR FURTHER INFORMATION CONTACT: If
immediate alternate route for vessels to
ehiers on DSK5VPTVN1PROD with RULES
Martin V. Franks, pass. you have questions on this rule, call or
Chief, Publications and Regulations Branch, The Coast Guard will inform the users email Chief Kristina Gauthier, Sector
Legal Processing Division, Associate Chief of the waterways through our Local Guam, U.S. Coast Guard; telephone
Counsel (Procedure and Administration). Notice and Broadcast to Mariners of the (671) 355–4866, email
[FR Doc. 2016–16470 Filed 7–18–16; 8:45 am] change in operating schedule for the Kristina.M.Gauthier@uscg.mil.
BILLING CODE 4830–01–P bridge so that vessel operations can SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Rules and Regulations 46835
tribes, on the relationship between the List of Subjects in 33 CFR Part 165 DEPARTMENT OF HOMELAND
Federal Government and Indian tribes, Harbors, Marine safety, Navigation SECURITY
or on the distribution of power and (water), Reporting and recordkeeping
responsibilities between the Federal requirements, Security measures, Coast Guard
Government and Indian tribes. If you Waterways.
believe this rule has implications for 33 CFR Part 165
For the reasons discussed in the
federalism or Indian tribes, please preamble, the Coast Guard amends 33 [Docket No. USCG–2010–0062]
contact the person listed in the FOR CFR part 165 as follows:
FURTHER INFORMATION CONTACT section Safety Zone; Fleet Week Maritime
above. PART 165—REGULATED NAVIGATION Festival, 2016, Pier 66, Elliott Bay;
AREAS AND LIMITED ACCESS AREAS Seattle, WA
E. Unfunded Mandates Reform Act
■ 1. The authority citation for part 165 AGENCY: Coast Guard, DHS.
The Unfunded Mandates Reform Act
continues to read as follows: ACTION: Notice of enforcement of
of 1995 (2 U.S.C. 1531–1538) requires
Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
regulation.
Federal agencies to assess the effects of
their discretionary regulatory actions. In 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and SUMMARY: The Fleet Week Maritime
particular, the Act addresses actions 160.5; Department of Homeland Security
Delegation No. 0170.1
Festival’s Pier 66 Safety Zone in Elliott
that may result in the expenditure by a Bay, WA will be subject to enforcement
State, local, or tribal government, in the ■ 2. Add § 165.T14–0555 to read as from 8 a.m. until 8 p.m. on August 2,
aggregate, or by the private sector of follows: 2016, but within this time period the
$100,000,000 (adjusted for inflation) or zone will only be enforced 30 minutes
§ 165.T14–0555 Safety Zone; Navy UNDET,
more in any one year. Though this rule Apra Outer Harbor, GU. prior to the beginning, during, and 30
will not result in such an expenditure, minutes following the conclusion of the
(a) Location. The following areas,
we do discuss the effects of this rule parade of ships. This action is necessary
within the Guam Captain of the Port
elsewhere in this preamble. (COTP) Zone (See 33 CFR 3.70–15), to promote safety on navigable waters.
from the surface of the water to the During the enforcement period, entry
F. Environment
ocean floor, are safety zones: Apra Outer into, transit through, mooring, or
We have analyzed this rule under Harbor, Guam July 28, 2016. All surface anchoring within this zone is prohibited
Department of Homeland Security waters bounded by a circle with a 700- unless authorized by the Captain of the
Management Directive 023–01 and yard radius and all underwater areas Port, Puget Sound or his designated
Commandant Instruction M16475.lD, bounded by a circle with a 1400 yard representative.
which guide the Coast Guard in radius centered at 13°27′42″ North DATES: The regulations in 33 CFR
complying with the National Latitude and 144°38′30″ East Longitude, 165.1330 will be subject to enforcement
Environmental Policy Act of 1969(42 (NAD 1983). from 8 a.m. until 8 p.m. on August 2,
U.S.C. 4321–4370f), and have (b) Effective period. This section is 2016.
determined that this action is one of a effective from 8 a.m. through 4 p.m. on FOR FURTHER INFORMATION CONTACT: If
category of actions that do not July 28th, 2016. you have questions on this notice of
individually or cumulatively have a (c) Regulations. The general enforcement, call or email LT Kate
significant effect on the human regulations governing safety zones Haseley, Sector Puget Sound Waterways
environment. This rule involves a safety contained in § 165.23 apply. No vessels Management Division, Coast Guard;
zone lasting eight hours that will may enter or transit safety zones and no telephone (206) 217–6051,
prohibit entry within 700-yards on the persons in the water may enter or transit SectorPugetSoundWWM@uscg.mil.
surface and 1400-yards underwater of safety zone unless authorized by the
SUPPLEMENTARY INFORMATION:
vessels and machinery being used by COTP or a designated representative The safety zone for the Fleet Week
Navy personnel. It is categorically thereof. Maritime Festival in 33 CFR 165.1330
excluded from further review under (d) Enforcement. Any Coast Guard
will be subject to enforcement from 8
paragraph 34(g) of Figure 2–1 of the commissioned, warrant, or petty officer,
a.m. until 8 p.m. on August 2, 2016;
Commandant Instruction. An and any other COTP representative
however, it will only be enforced 30
environmental analysis checklist permitted by law, may enforce these
minutes prior to the beginning, during,
supporting this determination and a temporary safety zones.
(e) Waiver. The COTP may waive any and 30 minutes following the
Categorical Exclusion Determination are conclusion of the parade of ships. The
available in the docket where indicated of the requirements of this section for
any person, vessel, or class of vessel COTP may issue a general permission to
under ADDRESSES. We seek any enter the zone during some of this time
comments or information that may lead upon finding that application of the
safety zone is unnecessary or period if he or she determines the zone
to the discovery of a significant need not be enforced for a certain period
environmental impact from this rule. impractical for the purpose of maritime
security. of time because the parade of ships
G. Protest Activities (f) Penalties. Vessels or persons starts late or ends early. If the COTP
violating this rule are subject to the issues a general permission to enter, the
The Coast Guard respects the First penalties set forth in 33 U.S.C. 1232 and public would be notified via a Broadcast
Amendment rights of protesters. 50 U.S.C. 192. Notice to Mariners.
Protesters are asked to contact the In accordance with the general
ehiers on DSK5VPTVN1PROD with RULES
person listed in the FOR FURTHER Dated: June 24, 2016. regulations in 33 CFR part 165, subpart
INFORMATION CONTACT section to James B. Pruett, C, no vessel operator may enter, transit,
coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the moor, or anchor within this safety zone,
message can be received without Port, Guam. except for vessels authorized by the
jeopardizing the safety or security of [FR Doc. 2016–17036 Filed 7–18–16; 8:45 am] Captain of the Port, Puget Sound or his
people, places or vessels. BILLING CODE 9110–04–P designated representative, thirty
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Document Created: 2016-07-19 01:10:43
Document Modified: 2016-07-19 01:10:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 8 a.m. through 4 p.m. on July 28, 2016. | |
| Contact | If you have questions on this rule, call or email Chief Kristina Gauthier, Sector Guam, U.S. Coast Guard; telephone (671) 355-4866, email [email protected] | |
| FR Citation | 81 FR 46833 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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