81_FR_91116 81 FR 90875 - Combined License Application for Turkey Point Nuclear Plant, Units 6 and 7

81 FR 90875 - Combined License Application for Turkey Point Nuclear Plant, Units 6 and 7

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 241 (December 15, 2016)

Page Range90875-90876
FR Document2016-30154

The U.S. Nuclear Regulatory Commission (NRC) and the U.S. Army Corps of Engineers, Jacksonville District, are issuing a supplement to the final environmental impact statement (EIS), NUREG-2176, ``Environmental Impact Statement for Combined Licenses (COL) for Turkey Point Nuclear Plant, Units 6 and 7.'' Florida Power and Light Company (FPL) submitted an application for COLs to construct and operate two new nuclear power plants at its Turkey Point site near Homestead, Florida. This supplement to the final EIS considers and responds to 59 comment letters that were inadvertently not included in the final EIS.

Federal Register, Volume 81 Issue 241 (Thursday, December 15, 2016)
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Pages 90875-90876]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30154]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-040 and 52-041; NRC-2009-0337]


Combined License Application for Turkey Point Nuclear Plant, 
Units 6 and 7

AGENCY: Nuclear Regulatory Commission.

ACTION: Supplemental environmental impact statement; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) and the U.S. Army 
Corps of Engineers, Jacksonville District, are issuing a supplement to 
the final environmental impact statement (EIS), NUREG-2176, 
``Environmental Impact Statement for Combined Licenses (COL) for Turkey 
Point Nuclear Plant, Units 6 and 7.'' Florida Power and Light Company 
(FPL) submitted an application for COLs to construct and operate two 
new nuclear power plants at its Turkey Point site near Homestead, 
Florida. This supplement to the final EIS considers and responds to 59 
comment letters that were inadvertently not included in the final EIS.

DATES: The supplement to the final EIS is available as of December 2, 
2016.

ADDRESSES: Please refer to Docket ID NRC-2009-0337, when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2009-0337. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC'S Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents,'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The 
supplement to the final EIS is available in ADAMS under Accession No. 
ML16335A219.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.
     Project Web site: The final EIS can be accessed online at 
the Turkey Point COL specific Web page at http://www.nrc.gov/reactors/new-reactors/col/turkey-point.html.
     South Dade Regional Library and Homestead Branch Library: 
The supplement final EIS is available for public inspection at 10750 SW 
211th St., Cutler Bay, Florida 33189; and 700 N. Homestead Blvd., 
Homestead, Florida 33030.

FOR FURTHER INFORMATION CONTACT: Alicia Williamson Dickerson, Office of 
New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-1878, email: Alicia.Williamson@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC issued NUREG-2176, ``Environmental 
Impact Statement for Combined Licenses (COLs) for Turkey Point Nuclear 
Plant, Units 6 and 7,'' on October 28, 2016 (ADAMS Accession No. 
ML16335A219). On November 2, 2016, the NRC published a Federal Register 
notice (81 FR 76392) to announce the availability of the final EIS. 
After publication of the final EIS on October 28, 2016, however, the 
NRC identified 59 comment letters that were received before the draft 
EIS comment period closed but which were inadvertently not included in 
Appendix E to the final EIS.
    The NRC staff considered all 59 comment letters and determined that 
none of them provides new and significant information regarding the 
project or its environmental impacts. In evaluating the comments in the 
letters, the staff determined that it had already addressed the 
majority of comments by responding to other similar comments in 
Appendix E to the final EIS. In developing a document to respond to the 
comments in the letters not included in the final EIS, the staff 
concluded that, for public access and readability, the most effective 
method for documenting the staff responses would include reprinting the 
applicable existing responses in Appendix E. The staff also recognized 
that responses drawn from the final EIS (including existing responses 
in Appendix E) would be

[[Page 90876]]

warranted if an existing response did not explicitly address a comment. 
Accordingly, the NRC staff is of the opinion that issuance of a 
supplement under the unique circumstances present here--primarily the 
length of the document due to the repetition of existing text from the 
final EIS for clarity and readability--will enhance the transparency of 
the NRC process for implementing the National Environmental Policy Act 
of 1969, as amended (NEPA) and will further the purposes of NEPA. 
Therefore, the NRC staff has prepared Supplement 1 to NUREG-2176 in 
accordance with section 51.92(c) of title 10 of the Code of Federal 
Regulations (10 CFR). This supplement solely responds to comments 
previously submitted on the draft EIS. Because there are no changes to 
the proposed action and the comments do not provide new and significant 
information relevant to environmental concerns bearing on the proposed 
action or its impacts, 10 CFR 51.92(f) does not require the NRC to 
solicit comments on the supplement.
    The final EIS summarizes the results of the review team's 
environmental analysis of the FPL COL application for compliance with 
the requirements of 10 CFR part 51. On the basis of the information 
contained in the final EIS and this supplement, the review team finds 
that the comment letters not included in the final EIS did not provide 
information that would change the analysis in the final EIS or the NRC 
staff's recommendation to the Commission that the COLs be issued as 
proposed. This recommendation is based on (1) the application, 
including the Environmental Report (ER), submitted by FPL; (2) 
consultation with Federal, State, Tribal, and local agencies; (3) the 
review team's independent review; (4) consideration of public comments 
received on the environmental review; and (5) the assessments 
summarized in the EIS and this supplement, including the potential 
mitigation measures identified in the ER and the EIS.

    Dated at Rockville, Maryland, this 8th day of December, 2016.

    For the Nuclear Regulatory Commission.
Francis Akstulewicz,
Director, Division of New Reactor Licensing, Office of New Reactors.
[FR Doc. 2016-30154 Filed 12-14-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                         Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Notices                                            90875

                                               authorization to continue to submit                       For the Nuclear Regulatory Commission.              please contact the NRC’s Public
                                               documents in paper format. Such filings                 Jennifer Dixon-Herrity,                               Document Room (PDR) reference staff at
                                               must be submitted by: (1) First class                   Chief, Licensing Branch 4, Division of New            1–800–397–4209, 301–415–4737, or by
                                               mail addressed to the Office of the                     Reactor Licensing, Office of New Reactors.            email to pdr.resource@nrc.gov. The
                                               Secretary of the Commission, U.S.                       [FR Doc. 2016–30152 Filed 12–14–16; 8:45 am]          supplement to the final EIS is available
                                               Nuclear Regulatory Commission,                          BILLING CODE 7590–01–P                                in ADAMS under Accession No.
                                               Washington, DC 20555–0001, Attention:                                                                         ML16335A219.
                                               Rulemaking and Adjudications Staff; or                                                                           • NRC’s PDR: You may examine and
                                               (2) courier, express mail, or expedited                 NUCLEAR REGULATORY                                    purchase copies of public documents at
                                               delivery service to the Office of the                   COMMISSION                                            the NRC’s PDR, Room O1–F21, One
                                               Secretary, 11555 Rockville Pike,                                                                              White Flint North, 11555 Rockville
                                                                                                       [Docket Nos. 52–040 and 52–041; NRC–                  Pike, Rockville, Maryland 20852.
                                               Rockville, Maryland 20852, Attention:                   2009–0337]
                                               Rulemaking and Adjudications Staff.                                                                              • Project Web site: The final EIS can
                                                                                                       Combined License Application for                      be accessed online at the Turkey Point
                                               Participants filing a document in this
                                                                                                       Turkey Point Nuclear Plant, Units 6 and               COL specific Web page at http://
                                               manner are responsible for serving the
                                                                                                       7                                                     www.nrc.gov/reactors/new-reactors/col/
                                               document on all other participants.
                                                                                                                                                             turkey-point.html.
                                               Filing is considered complete by first-                 AGENCY:  Nuclear Regulatory                              • South Dade Regional Library and
                                               class mail as of the time of deposit in                 Commission.                                           Homestead Branch Library: The
                                               the mail, or by courier, express mail, or                                                                     supplement final EIS is available for
                                                                                                       ACTION: Supplemental environmental
                                               expedited delivery service upon                                                                               public inspection at 10750 SW 211th
                                                                                                       impact statement; issuance.
                                               depositing the document with the                                                                              St., Cutler Bay, Florida 33189; and 700
                                               provider of the service. A presiding                    SUMMARY:   The U.S. Nuclear Regulatory                N. Homestead Blvd., Homestead,
                                               officer, having granted an exemption                    Commission (NRC) and the U.S. Army                    Florida 33030.
                                               request from using E-Filing, may require                Corps of Engineers, Jacksonville District,            FOR FURTHER INFORMATION CONTACT:
                                               a participant or party to use E-Filing if               are issuing a supplement to the final                 Alicia Williamson Dickerson, Office of
                                               the presiding officer subsequently                      environmental impact statement (EIS),                 New Reactors, U.S. Nuclear Regulatory
                                               determines that the reason for granting                 NUREG–2176, ‘‘Environmental Impact                    Commission, Washington, DC 20555–
                                               the exemption from use of E-Filing no                   Statement for Combined Licenses (COL)                 0001, telephone: 301–415–1878, email:
                                               longer exists.                                          for Turkey Point Nuclear Plant, Units 6               Alicia.Williamson@nrc.gov.
                                                  Documents submitted in adjudicatory                  and 7.’’ Florida Power and Light                      SUPPLEMENTARY INFORMATION: The NRC
                                               proceedings will appear in the NRC’s                    Company (FPL) submitted an                            issued NUREG–2176, ‘‘Environmental
                                               electronic hearing docket which is                      application for COLs to construct and                 Impact Statement for Combined
                                               available to the public at http://                      operate two new nuclear power plants                  Licenses (COLs) for Turkey Point
                                                                                                       at its Turkey Point site near Homestead,              Nuclear Plant, Units 6 and 7,’’ on
                                               ehd1.nrc.gov/ehd/, unless excluded
                                                                                                       Florida. This supplement to the final                 October 28, 2016 (ADAMS Accession
                                               pursuant to an order of the Commission,
                                                                                                       EIS considers and responds to 59                      No. ML16335A219). On November 2,
                                               or the presiding officer. Participants are
                                                                                                       comment letters that were inadvertently               2016, the NRC published a Federal
                                               requested not to include personal                       not included in the final EIS.
                                               privacy information, such as social                                                                           Register notice (81 FR 76392) to
                                                                                                       DATES: The supplement to the final EIS                announce the availability of the final
                                               security numbers, home addresses, or
                                               home phone numbers in their filings,                    is available as of December 2, 2016.                  EIS. After publication of the final EIS on
                                               unless an NRC regulation or other law                   ADDRESSES: Please refer to Docket ID                  October 28, 2016, however, the NRC
                                               requires submission of such                             NRC–2009–0337, when contacting the                    identified 59 comment letters that were
                                               information. However, in some                           NRC about the availability of                         received before the draft EIS comment
                                               instances, a request to intervene will                  information regarding this document.                  period closed but which were
                                               require including information on local                  You may obtain publicly-available                     inadvertently not included in Appendix
                                               residence in order to demonstrate a                     information related to this action by the             E to the final EIS.
                                               proximity assertion of interest in the                  following methods:                                       The NRC staff considered all 59
                                               proceeding. With respect to copyrighted                    • Federal Rulemaking Web site: Go to               comment letters and determined that
                                               works, except for limited excerpts that                 http://www.regulations.gov and search                 none of them provides new and
                                                                                                       for Docket ID NRC–2009–0337. Address                  significant information regarding the
                                               serve the purpose of the adjudicatory
                                                                                                       questions about NRC dockets to Carol                  project or its environmental impacts. In
                                               filings and would constitute a Fair Use
                                                                                                       Gallagher; telephone: 301–415–3463;                   evaluating the comments in the letters,
                                               application, participants are requested
                                                                                                       email: Carol.Gallagher@nrc.gov. For                   the staff determined that it had already
                                               not to include copyrighted materials in
                                                                                                       technical questions, contact the                      addressed the majority of comments by
                                               their submission.
                                                                                                       individual listed in the FOR FURTHER                  responding to other similar comments
                                                  For further details with respect to this             INFORMATION CONTACT section of this                   in Appendix E to the final EIS. In
                                               action, see the application for license                 document.                                             developing a document to respond to
                                               amendment dated November 18, 2016.                         • NRC’S Agencywide Documents                       the comments in the letters not included
                                                  Attorney for licensee: Ms. Kathryn M.                Access and Management System                          in the final EIS, the staff concluded that,
                                               Sutton, Morgan, Lewis & Bockius LLC,                    (ADAMS): You may obtain publicly-                     for public access and readability, the
rmajette on DSK2TPTVN1PROD with NOTICES




                                               1111 Pennsylvania Avenue NW.,                           available documents online in the                     most effective method for documenting
                                               Washington, DC 20004–2514.                              ADAMS Public Documents collection at                  the staff responses would include
                                                                                                       http://www.nrc.gov/reading-rm/                        reprinting the applicable existing
                                                  NRC Branch Chief: Jennifer Dixon-                    adams.html. To begin the search, select               responses in Appendix E. The staff also
                                               Herrity.                                                ‘‘ADAMS Public Documents,’’ and then                  recognized that responses drawn from
                                                 Dated at Rockville, Maryland, this 8th day            select ‘‘Begin Web-based ADAMS                        the final EIS (including existing
                                               of December 2016.                                       Search.’’ For problems with ADAMS,                    responses in Appendix E) would be


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                                               90876                     Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Notices

                                               warranted if an existing response did                   SECURITIES AND EXCHANGE                               the Exchange filed Amendment No. 2 to
                                               not explicitly address a comment.                       COMMISSION                                            the proposed rule change, which
                                               Accordingly, the NRC staff is of the                                                                          replaced and superseded the proposed
                                                                                                       [Release No. 34–79518; File No. SR–
                                               opinion that issuance of a supplement                   NYSEArca–2016–84]                                     rule change as modified by Amendment
                                               under the unique circumstances present                                                                        No. 1.6 On September 16, 2016, the
                                               here—primarily the length of the                        Self-Regulatory Organizations; NYSE                   Commission noticed the filing of
                                               document due to the repetition of                       Arca, Inc.; Notice of Filing of                       Amendment No. 2, and instituted
                                               existing text from the final EIS for                    Amendment No. 3, and Order Granting                   proceedings under Section 19(b)(2)(B) of
                                               clarity and readability—will enhance                    Accelerated Approval of Proposed                      the Exchange Act 7 to determine
                                               the transparency of the NRC process for                 Rule Change, as Modified by                           whether to approve or disapprove the
                                               implementing the National                               Amendment No. 3, Relating to the                      proposed rule change, as modified by
                                               Environmental Policy Act of 1969, as                    Listing and Trading of Shares of the                  Amendment No. 2.8 On November 22,
                                               amended (NEPA) and will further the                     Long Dollar Gold Trust Under NYSE                     2016, the Exchange filed Amendment
                                               purposes of NEPA. Therefore, the NRC                    Arca Equities Rule 8.201                              No. 3, which replaced the proposed rule
                                               staff has prepared Supplement 1 to                      December 9, 2016.                                     change as modified by Amendment No.
                                               NUREG–2176 in accordance with                                                                                 2.9 The Commission has not received
                                               section 51.92(c) of title 10 of the Code                I. Introduction                                       any comments on the proposed rule
                                               of Federal Regulations (10 CFR). This                      On June 1, 2016, NYSE Arca, Inc.                   change. The Commission is publishing
                                               supplement solely responds to                           (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed                 this notice to solicit comments on
                                               comments previously submitted on the                    with the Securities and Exchange                      Amendment No. 3 from interested
                                               draft EIS. Because there are no changes                 Commission (‘‘Commission’’), pursuant                 persons, and is approving the proposed
                                               to the proposed action and the                          to Section 19(b)(1) of the Securities                 rule change, as modified by Amendment
                                               comments do not provide new and                         Exchange Act of 1934 (‘‘Exchange                      No. 3, on an accelerated basis.
                                               significant information relevant to                     Act’’) 1 and Rule 19b–4 thereunder,2 a
                                               environmental concerns bearing on the                   proposed rule change to list and trade                   6 In Amendment No. 2, the Exchange: (1) Changed

                                               proposed action or its impacts, 10 CFR                  shares (‘‘Shares’’) of the Long Dollar                the names of the Fund and the Trust; (2) stated that
                                               51.92(f) does not require the NRC to                    Gold Trust (‘‘Fund’’) under NYSE Arca                 the methodology of the underlying index is
                                                                                                       Equities Rule 8.201. The proposed rule                transparent; (3) explained how market makers in
                                               solicit comments on the supplement.                                                                           the Shares could calculate an approximate value for
                                                                                                       change was published for comment in
                                                  The final EIS summarizes the results                                                                       the underlying index during the Exchange’s Core
                                                                                                       the Federal Register on June 21, 2016.3               Trading Session, which is ordinarily between 9:30
                                               of the review team’s environmental                      On July 27, 2016, the Commission                      a.m. to 4:00 p.m. Eastern time (‘‘ET’’); (4) made
                                               analysis of the FPL COL application for                 extended the time period within which                 further modifications to its description of when and
                                               compliance with the requirements of 10                  to approve the proposed rule change,                  how NAV would be calculated, and when it would
                                               CFR part 51. On the basis of the                        disapprove the proposed rule change, or               be disseminated; (5) disclosed more information
                                                                                                                                                             regarding the availability of the value of the
                                               information contained in the final EIS                  institute proceedings to determine                    underlying index; (6) provided information about
                                               and this supplement, the review team                    whether to approve or disapprove the                  its ability to obtain information from Exchange
                                               finds that the comment letters not                      proposed rule change to September 19,                 Trading Permit Holders (‘‘ETP Holders’’) regarding
                                               included in the final EIS did not                       2016.4 On July 29, 2016, the Exchange                 their trading in currencies and currency derivatives;
                                                                                                       filed Amendment No. 1 to the proposed                 and (7) represented that it (a) may halt trading in
                                               provide information that would change
                                                                                                                                                             the Shares during the trading day if an interruption
                                               the analysis in the final EIS or the NRC                rule change, which replaced and                       occurs in the dissemination of the value of the
                                               staff’s recommendation to the                           superseded the proposed rule change as                underlying index, and (b) would halt trading in the
                                               Commission that the COLs be issued as                   originally filed.5 On September 8, 2016,              Shares no later than the beginning of the trading
                                               proposed. This recommendation is                                                                              day following the interruption if the interruption in
                                                                                                         1 15  U.S.C. 78s(b)(1).                             the dissemination of the value of the underlying
                                               based on (1) the application, including                   2 17                                                index persists past the trading day in which it
                                                                                                               CFR 240.19b–4.
                                               the Environmental Report (ER),                             3 See Securities Exchange Act Release No. 78075    occurs.
                                               submitted by FPL; (2) consultation with                 (June 15, 2016), 81 FR 40381.                            7 15 U.S.C. 78s(b)(2)(B).

                                               Federal, State, Tribal, and local                          4 See Securities Exchange Act Release No. 78425       8 See Securities Exchange Act Release No. 78859,

                                               agencies; (3) the review team’s                         (July 27, 2016), 81 FR 50759 (August 2, 2016).        81 FR 65431 (September 22, 2016) (‘‘OIP’’). The
                                                                                                          5 In Amendment No. 1, the Exchange: (1)            Commission instituted proceedings to allow for
                                               independent review; (4) consideration                   Provided additional information about WM/             additional analysis of the proposed rule change’s
                                               of public comments received on the                      Reuters, which calculates the ‘‘Spot Rate’’           consistency with Section 6(b)(5) of the Exchange
                                               environmental review; and (5) the                       (discussed below); (2) provided additional            Act, which requires, among other things, that the
                                               assessments summarized in the EIS and                   information about calculation of the Spot Rate; (3)   rules of a national securities exchange be ‘‘designed
                                                                                                       provided additional information about                 to prevent fraudulent and manipulative acts and
                                               this supplement, including the potential                dissemination of the value of the underlying index;   practices, to promote just and equitable principles
                                               mitigation measures identified in the ER                (4) corrected a statement that the net asset value    of trade,’’ and ‘‘to protect investors and the public
                                               and the EIS.                                            (‘‘NAV’’) of the Shares would not be calculated       interest.’’ Id., 81 FR at 65441.
                                                                                                       during the occurrence of a Market Disruption Event       9 In Amendment No. 3, the Exchange: (1)
                                                 Dated at Rockville, Maryland, this 8th day            (discussed below) or Extraordinary Event
                                                                                                                                                             Proposes to expand NYSE Arca Equities Rule
                                               of December, 2016.                                      (discussed below), and instead stated that, if the
                                                                                                                                                             8.201(g), which governs market maker accounts, to
                                                                                                       LBMA Gold Price AM is unavailable during such
                                                 For the Nuclear Regulatory Commission.                circumstances, the Fund would calculate NAV           include non-U.S. currencies; (2) states that the
                                                                                                       using the last published LBMA Gold Price AM; (5)      administrator of the WM/Reuters currency
                                               Francis Akstulewicz,
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                                                                                                       identified circumstances in which the Fund may        benchmarks complies with the International
                                               Director, Division of New Reactor Licensing,            reject a purchase order; (6) modified the             Organization of Securities Commissions (‘‘IOSCO’’)
                                               Office of New Reactors.                                 circumstances in which the Fund may reject a          Principles for Financial Benchmarks; and (3) states
                                               [FR Doc. 2016–30154 Filed 12–14–16; 8:45 am]            redemption order; and (7) explained how market        that: (a) The Commission has previously approved
                                                                                                       makers in the Shares would be able to hedge their     the listing and trading of other issues of securities
                                               BILLING CODE 7590–01–P                                  positions. All amendments to the proposed rule        based on a WM/Reuters exchange rate or an index
                                                                                                       change are available at: https://www.sec.gov/         that uses such a rate, and (b) WM/Reuters utilizes
                                                                                                       comments/sr-nysearca-2016-84/                         the same methodology in calculating the ‘‘Closing
                                                                                                       nysearca201684.shtml.                                 Spot Rate’’ (discussed below) and the Spot Rate.



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Document Created: 2016-12-15 01:10:56
Document Modified: 2016-12-15 01:10:56
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
ActionSupplemental environmental impact statement; issuance.
DatesThe supplement to the final EIS is available as of December 2, 2016.
ContactAlicia Williamson Dickerson, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001, telephone: 301-415-1878, email: [email protected]
FR Citation81 FR 90875 

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