82 FR 22605 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 93 (May 16, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 93 (May 16, 2017)
| Page Range | 22605-22606 | |
| FR Document | 2017-09855 |
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)] [Notices] [Pages 22605-22606] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09855] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0030] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 40 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on April 27, 2017. The exemptions expire on April 27, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On March 27, 2017, FMCSA published a notice of receipt of Federal diabetes exemption applications from 40 individuals and requested comments from the public (82 FR 15271). The public comment period closed on April 26, 2017, and no comments were received. FMCSA has evaluated the eligibility of the 40 applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. The diabetes rule provides that ``A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control'' (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency's July 2000 study entitled ``A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.'' The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These 40 applicants have had ITDM over a range of 1 to 35 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the March 27, 2017, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered medical reports about the applicants' ITDM and vision, and reviewed the treating endocrinologists' medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist's or optometrist's report to the medical examiner at the time of the annual medical examination; and (4) that each [[Page 22606]] individual provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keep a copy in his/her driver's qualification file if he/she is self-employed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VI. Conclusion Based upon its evaluation of the 40 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(3): Felix M. Alicea (NJ) Ryan T. Anderson (MT) Vladimir Azbel (NY) Darren E. Barrett (AZ) Douglas D. Bartley (SC) Haydee G. Bast (NY) Robert D. Bravo (CA) John E. Carter (AL) Christopher A. Cleaves (ME) Jacob M. Cox (NY) Larry S. Crosby (GA) Dean G. Franck (CO) Irving Gandy 3rd (NJ) Bryan D. Giddings (IN) Sidney Greenlee (GA) Caleb D. Jahn (CO) Jason T. Langshaw (RI) John L. Lensch (IA) Jaxon S. Lind (MN) Jesse E. Long (CT) Gregory B. Lowry (UT) Paul J. Marsh (NY) Richard D. Marty (WA) Scott A. Meade (OH) Pedro Mejia (NJ) Maynard D. Moore (MO) Bret D. Noffke (WI) Dennis K. Rottenbucher (SD) Joseph J. Schwartz (PA) Benjamin N. Smith (CT) Matthew Spahr (PA) Aaron M. Stoltzfus (SC) Daniel Suarez (NJ) Tyler B. Terrill (WI) Jason M. Thomas (KY) Steven L. Tiefenthaler (IA) Joseph D. Wallace (IL) David L. White (AR) Paul B. Woodward (PA) Miguel L. Xilotl (MN) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: May 9, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-09855 Filed 5-15-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices 22605
lower level of safety than was personal information the commenter years. In each case, an endocrinologist
maintained prior to being granted; or (3) provides, to www.regulations.gov, as verified that the driver has
continuation of the exemption would described in the system of records demonstrated a willingness to properly
not be consistent with the goals and notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
objectives of 49 U.S.C. 31136 and 31315. be reviewed at www.dot.gov/privacy. mellitus, received education related to
Issued on: May 9, 2017. II. Background diabetes management, and is on a stable
Larry W. Minor,
insulin regimen. These drivers report no
On March 27, 2017, FMCSA other disqualifying conditions,
Associate Administrator for Policy. published a notice of receipt of Federal including diabetes-related
[FR Doc. 2017–09857 Filed 5–15–17; 8:45 am] diabetes exemption applications from complications. Each meets the vision
BILLING CODE 4910–EX–P 40 individuals and requested comments requirement at 49 CFR 391.41(b)(10).
from the public (82 FR 15271). The The qualifications and medical
public comment period closed on April condition of each applicant were stated
DEPARTMENT OF TRANSPORTATION 26, 2017, and no comments were and discussed in detail in the March 27,
received. 2017, Federal Register notice and they
Federal Motor Carrier Safety FMCSA has evaluated the eligibility
Administration will not be repeated in this notice.
of the 40 applicants and determined that
[FMCSA Docket No. FMCSA–2017–0030] granting the exemptions to these III. Discussion of Comments
individuals would achieve a level of FMCSA received no comments in this
Qualification of Drivers; Exemption safety equivalent to or greater than the proceeding.
Applications; Diabetes Mellitus level that would be achieved by
complying with the current regulation IV. Basis for Exemption Determination
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315,
Administration (FMCSA), DOT. FMCSA may grant an exemption from
ACTION: Notice of final disposition. Diabetes Mellitus and Driving
the diabetes requirement in 49 CFR
Experience of the Applicants
SUMMARY: FMCSA announces its 391.41(b)(3) if the exemption is likely to
The Agency established the current achieve an equivalent or greater level of
decision to exempt 40 individuals from requirement for diabetes in 1970
its rule prohibiting persons with safety than would be achieved without
because several risk studies indicated the exemption. The exemption allows
insulin-treated diabetes mellitus (ITDM) that drivers with diabetes had a higher
from operating commercial motor the applicants to operate CMVs in
rate of crash involvement than the interstate commerce.
vehicles (CMVs) in interstate commerce. general population. The diabetes rule To evaluate the effect of these
The exemptions enable these provides that ‘‘A person is physically exemptions on safety, FMCSA
individuals to operate CMVs in qualified to drive a commercial motor considered medical reports about the
interstate commerce. vehicle if that person has no established applicants’ ITDM and vision, and
DATES: The exemptions were effective medical history or clinical diagnosis of reviewed the treating endocrinologists’
on April 27, 2017. The exemptions diabetes mellitus currently requiring medical opinion related to the ability of
expire on April 27, 2019. insulin for control’’ (49 CFR the driver to safely operate a CMV while
FOR FURTHER INFORMATION CONTACT: Ms. 391.41(b)(3)). using insulin.
Christine A. Hydock, Chief, Medical FMCSA established its diabetes Consequently, FMCSA finds that in
Programs Division, (202) 366–4001, exemption program, based on the each case exempting these applicants
fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR
Department of Transportation, 1200 Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level
New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with of safety equal to that existing without
113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to the exemption.
Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
e.t., Monday through Friday, except Directed by the Transportation Act for V. Conditions and Requirements
Federal holidays. the 21st Century.’’ The report concluded The terms and conditions of the
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to exemption will be provided to the
allow some drivers with ITDM to applicants in the exemption document
I. Electronic Access operate CMVs is feasible. The and they include the following: (1) That
You may see all the comments online September 3, 2003 (68 FR 52441), each individual submit a quarterly
through the Federal Document Federal Register notice in conjunction monitoring checklist completed by the
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR treating endocrinologist as well as an
www.regulations.gov. 67777), Federal Register notice provides annual checklist with a comprehensive
Docket: For access to the docket to the current protocol for allowing such medical evaluation; (2) that each
read background documents or drivers to operate CMVs in interstate individual reports within 2 business
comments, go to http:// commerce. days of occurrence, all episodes of
www.regulations.gov and/or Room These 40 applicants have had ITDM severe hypoglycemia, significant
W12–140 on the ground level of the over a range of 1 to 35 years. These complications, or inability to manage
West Building, 1200 New Jersey Avenue applicants report no severe diabetes; also, any involvement in an
hypoglycemic reactions resulting in loss accident or any other adverse event in
sradovich on DSK3GMQ082PROD with NOTICES
SE., Washington, DC, between 9 a.m.
and 5 p.m., e.t., Monday through Friday, of consciousness or seizure, requiring a CMV or personal vehicle, whether or
except Federal holidays. the assistance of another person, or not it is related to an episode of
Privacy Act: In accordance with 5 resulting in impaired cognitive function hypoglycemia; (3) that each individual
U.S.C. 553(c), DOT solicits comments that occurred without warning provide a copy of the ophthalmologist’s
from the public to better inform its symptoms, in the past 12 months and no or optometrist’s report to the medical
rulemaking process. DOT posts these recurrent (2 or more) severe examiner at the time of the annual
comments, without edit, including any hypoglycemic episodes in the past 5 medical examination; and (4) that each
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![22606 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
individual provide a copy of the annual the goals and objectives of 49 U.S.C. Jamil; a.k.a. AL-RAHMAN, ’Inayat al-Rahman
medical certification to the employer for 31136(e) and 31315. If the exemption is Bin al-Sheikh Jamil; a.k.a. JALIL, Inayatullah
retention in the driver’s qualification still effective at the end of the 2-year ur-Rahman; a.k.a. JAMEAL, ‘Anayet el-
Rahman; a.k.a. JAMEEL, Inayat; a.k.a. JAMIL,
file, or keep a copy in his/her driver’s period, the person may apply to FMCSA
Enayat al-Rahman; a.k.a. JAMIL,
qualification file if he/she is self- for a renewal under procedures in effect Enayaturrahman; a.k.a. JAMIL, Enayetul
employed. The driver must also have a at that time. Rahman; a.k.a. JAMIL, Inayat al-Rahman;
copy of the certification when driving, Issued on: May 9, 2017. a.k.a. RAHMAN, Anayat ur; a.k.a. RAHMAN,
for presentation to a duly authorized Larry W. Minor, Anayatullah; a.k.a. RAHMAN, Enayat al;
Federal, State, or local enforcement a.k.a. RAHMAN, Enayatullah; a.k.a.
Associate Administrator for Policy. RAHMAN, Inayatu; a.k.a. RAHMAN, Inayat-
official.
[FR Doc. 2017–09855 Filed 5–15–17; 8:45 am] u-; a.k.a. RAHMAN, Inayatullah; a.k.a.
VI. Conclusion BILLING CODE 4910–EX–P RAHMAN, Inayat-ur-; a.k.a. REHMAN,
Inayat; a.k.a. REHMAN, Inayat ur; a.k.a. UR-
Based upon its evaluation of the 40
RAHMAN, Anayat; a.k.a. UR-RAHMAN,
exemption applications, FMCSA Anyat; a.k.a. UR-RAHMAN, Enayat; a.k.a.
exempts the following drivers from the DEPARTMENT OF THE TREASURY UR-RAHMAN, Jamil Inayat; a.k.a.
diabetes requirement in 49 CFR ‘‘AINAYATURAHMAN’’; a.k.a.
391.41(b)(3): Office of Foreign Assets Control ‘‘ANAYATURAHMAN’’; a.k.a.
Felix M. Alicea (NJ) ‘‘INAYATURAHMAN’’; a.k.a.
Sanctions Actions Pursuant to ‘‘INAYATURRAHMAN’’), Saidabad Pajagi
Ryan T. Anderson (MT) Executive Order 13224 Road, Peshawar, Pakistan; DOB 02 Dec 1973;
Vladimir Azbel (NY) POB Nangalam Village, Manugay District,
Darren E. Barrett (AZ) AGENCY: Office of Foreign Assets
Afghanistan; nationality Pakistan; Gender
Douglas D. Bartley (SC) Control, Treasury. Male; Passport BG1744461 (Pakistan);
Haydee G. Bast (NY) ACTION: Notice. National ID No. 1730156254465 (Pakistan)
Robert D. Bravo (CA) (individual) [SDGT] (Linked To: JAMA’AT
John E. Carter (AL) SUMMARY: The Department of the UL DAWA AL-QU’RAN; Linked To:
Christopher A. Cleaves (ME) Treasury’s Office of Foreign Assets TALIBAN; Linked To: LASHKAR E-
Jacob M. Cox (NY) Control (OFAC) is publishing the names TAYYIBA).
Larry S. Crosby (GA) of 3 individuals and 1 entity whose 2. TURAB, Ali Muhammad Abu (a.k.a.
property and interests in property are ABUTURAB, Ali Muhammad; a.k.a.
Dean G. Franck (CO) MOHAMMAD, Ali Mohammad Abutorab
Irving Gandy 3rd (NJ) blocked pursuant to Executive Order
13224 of September 23, 2001, ‘‘Blocking Noor; a.k.a. MOHAMMAD, Ali Mohammad
Bryan D. Giddings (IN) Noor; a.k.a. MOHD, Ali Mohd Abutorab
Sidney Greenlee (GA) Property and Prohibiting Transactions Noor; a.k.a. MUHAMMAD, Abu Turab Ali;
Caleb D. Jahn (CO) With Persons Who Commit, Threaten To a.k.a. MUHAMMED, Ali Muhammed Noor;
Jason T. Langshaw (RI) Commit, or Support Terrorism.’’ a.k.a. TORAB, Abu Ali; a.k.a. TORAB, Ali
John L. Lensch (IA) DATES: OFAC’s actions described in this Mohammad Abu; a.k.a. TURAB, Ali
notice were effective on May 11, 2017. Mohammad Abu; a.k.a. TURAB, Ali
Jaxon S. Lind (MN)
FOR FURTHER INFORMATION CONTACT: Mohammed Abu; a.k.a. ‘‘MOHAMMED, Ali’’;
Jesse E. Long (CT) a.k.a. ‘‘TURAB, Abu’’), Jamia Salfia, Airport
Gregory B. Lowry (UT) Associate Director for Global Targeting, Road, Quetta, Pakistan; Patel Road, Quetta,
Paul J. Marsh (NY) tel.: 202/622–2420, Assistant Director Pakistan; Saudi Arabia; DOB 10 Sep 1964;
Richard D. Marty (WA) for Sanctions Compliance & Evaluation, alt. DOB 05 Jan 1968; POB Quetta,
Scott A. Meade (OH) tel.: 202/622–2490, Assistant Director Balochistan, Pakistan; nationality Pakistan;
Pedro Mejia (NJ) for Licensing, tel.: 202/622–2480, Office Gender Male; Passport J349992 (Pakistan);
Maynard D. Moore (MO) of Foreign Assets Control, or Chief National ID No. 2083655452 (Saudi Arabia)
Bret D. Noffke (WI) Counsel (Foreign Assets Control), tel.: (individual) [SDGT] (Linked To: JAMA’AT
202/622–2410, Office of the General UL DAWA AL-QU’RAN; Linked To: AMEEN
Dennis K. Rottenbucher (SD)
Counsel, Department of the Treasury AL-PESHAWARI, Fazeel-A-Tul Shaykh Abu
Joseph J. Schwartz (PA) Mohammed).
Benjamin N. Smith (CT) (not toll free numbers). 3. MUHAMMAD, Hayat Ullah Ghulam
Matthew Spahr (PA) SUPPLEMENTARY INFORMATION: (a.k.a. HAYAATULLAH, Haji; a.k.a.
Aaron M. Stoltzfus (SC) HAYATOLLAH, Haji; a.k.a. HAYATULLAH,
Electronic Availability
Daniel Suarez (NJ) Haji; a.k.a. HIYATULLAH, Haji), Saeedabad,
Tyler B. Terrill (WI) The SDN List and additional Pagi Road, Peshawar, Pakistan; Saeedabad,
Jason M. Thomas (KY) information concerning OFAC sanctions Pachagi Road, Peshawar, Pakistan; DOB 1957
Steven L. Tiefenthaler (IA) programs are available from OFAC’s to 1959; POB Nangalam Village, Dar-e-Pech,
Web site (www.treas.gov/ofac). Kunar, Afghanistan; Gender Male; Passport
Joseph D. Wallace (IL)
TR030544 (Afghanistan); alt. Passport
David L. White (AR) Notice of OFAC Actions TR035506 (Afghanistan) (individual) [SDGT]
Paul B. Woodward (PA) (Linked To: JAMA’AT UL DAWA AL-
Miguel L. Xilotl (MN) On May 11, 2017, OFAC blocked the
QU’RAN; Linked To: LASHKAR E-TAYYIBA;
property and interests in property of the
In accordance with 49 U.S.C. 31136(e) Linked To: TALIBAN; Linked To: ISIL
following 3 individuals and 1 entity KHORASAN; Linked To: AL QA’IDA; Linked
and 31315 each exemption is valid for pursuant to E.O. 13224, ‘‘Blocking
two years unless revoked earlier by To: ISLAMIC STATE OF IRAQ AND THE
Property and Prohibiting Transactions LEVANT).
FMCSA. The exemption will be revoked
sradovich on DSK3GMQ082PROD with NOTICES
With Persons Who Commit, Threaten To
if the following occurs: (1) The person Commit, or Support Terrorism’’: Entity
fails to comply with the terms and
1. WELFARE AND DEVELOPMENT
conditions of the exemption; (2) the Individuals
ORGANIZATION OF JAMAAT-UD-DAWAH
exemption has resulted in a lower level 1. RAHMAN, Inayat ur (a.k.a. AL FOR QUR’AN AND SUNNAH (a.k.a. AL-
of safety than was maintained before it RAHMAN, Inayat al Rahman bin Sheikh MUNADAMA AL-KHAYRIA LILTANMIA;
was granted; or (3) continuation of the Jamil; a.k.a. AL-RAHMAN, ‘Inayat; a.k.a. AL- a.k.a. AL-MUNADDAMA AL-KAIRYIA LIL-
exemption would not be consistent with RAHMAN, ‘Inayat al-Rahman bin Sheikh TANMIYA OF JAMA’AT AL-DA’WAH ILA
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Document Created: 2017-05-16 13:52:22
Document Modified: 2017-05-16 13:52:22
| 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 | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were effective on April 27, 2017. The exemptions expire on April 27, 2019. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 82 FR 22605 |
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