82_FR_27735 82 FR 27620 - Safety Zones; Annual Events in the Captain of the Port Buffalo Zone-July Fireworks

82 FR 27620 - Safety Zones; Annual Events in the Captain of the Port Buffalo Zone-July Fireworks

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range27620-27621
FR Document2017-12547

The Coast Guard will enforce certain safety zones located in federal regulations for recurring marine events. This action is necessary and intended for the safety of life and property on navigable waters during this event. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo.

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27620-27621]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12547]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0387]


Safety Zones; Annual Events in the Captain of the Port Buffalo 
Zone--July Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce certain safety zones located in 
federal regulations for recurring marine events. This action is 
necessary and intended for the safety of life and property on navigable 
waters during this event. During each enforcement period, no person or 
vessel may enter the respective safety zone without the permission of 
the Captain of the Port Buffalo.

DATES: The regulations in 33 CFR 165.939(a)(16) will be enforced on 
July 2, 2017, from 9:45 p.m. to 11:15 p.m.; The regulations in 33 CFR 
165.939(a)(14) will be enforced on July 3, 2017 from 9:45 p.m. to 11:00 
p.m.; The regulations in 33 CFR 165.939(a)(18) will be enforced on July 
4, 2017 from 9:25 p.m. to 10:15 p.m.; The regulations in 33 CFR 
165.939(a)(19) will be enforced on July 23, 2017 from 9:00 p.m. to 
10:30 p.m.; The regulations in 33 CFR 165.939(a)(3) will be enforced on 
July 8, 2017 and July 9, 2017 from 9:30 p.m. to 10:45 p.m.; The 
regulations in 33 CFR 165.939(a)(1) will be enforced on July 4, 2017 
from 8:45 p.m. to 10:45 p.m.; The regulations in 33 CFR 165.939(a)(13) 
will be enforced on July 3, 2017 from 8:45 p.m. to 9:45 p.m.; The 
regulations in 33 CFR 165.939(a)(17) will be enforced on July 3, 2017 
from 9:30 p.m. to 11:00 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email LT Michael Collet, Chief of 
Waterways Management, Coast Guard Sector Buffalo, telephone 716-843-
9322, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety 
Zones; Annual Events in the Captain of the Port Buffalo Zone listed in 
33 CFR 165.939 for the following events:
    (1) A Salute to our Heroes, Lake Ontario, Hamlin, NY; The safety 
zone listed in 33 CFR 165.939(a)(16) will be enforced from 9:45 p.m. to 
11:15 p.m. on July 2, 2017.
    (2) Village Fireworks, Sodus Point, NY; The safety zone listed in 
33 CFR 165.939(a)(14) will be enforced from 9:45 p.m. to 11:00 p.m. on 
July 3, 2017.
    (3) North Tonawanda Fireworks, North Tonawanda, NY; The safety zone 
listed in 33 CFR 165.939(a)(18) will be enforced from 9:25 p.m. to 
10:15 p.m. on July 4, 2017.
    (4) Tonawanda's Canal Fest Fireworks, Tonawanda, NY; The safety 
zone listed in 33 CFR 165.939(a)(19) will be enforced from 9:00 p.m. to 
10:30 p.m. on July 23, 2017.
    (5) French Festival Fireworks, Cape Vincent, NY; The safety zone 
listed in 33 CFR 165.939(a)(3) will be enforced from 9:30 p.m. to 10:45 
p.m. on both July 8, 2017 and July 9, 2017.
    (6) Boldt Castle 4th of July Fireworks, Heart Island, NY; The 
safety zone listed in 33 CFR 165.939(a)(1) will be enforced from 8:45 
p.m. to 10:45 p.m. on July 4, 2017.
    (7) Tom Graves Memorial Fireworks, Port Bay, NY; The safety zone 
listed in 33 CFR 165.939(a)(13) will be enforced from 9:45 p.m. to 
10:45 p.m. on July 3, 2017 within a 420-foot radius of position 
43[deg]17'54'' N. and 076[deg]49'51'' W.
    (8) Olcott Fireworks, Olcott, NY; The safety zone listed in 33 CFR 
165.939(a)(17) will be enforced from 9:30 p.m. to 11:00 p.m. on July 3, 
2017.
    Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring 
within the safety zone during an enforcement period is prohibited 
unless authorized by the Captain of the Port Buffalo or his designated 
representative. Those seeking permission to enter the safety zone may 
request permission from the Captain of Port Buffalo via channel 16, 
VHF-FM. Vessels and persons granted permission to enter the safety zone 
shall obey the directions of the Captain of the Port Buffalo or his 
designated representative. While within a safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course.
    This notice of enforcement is issued under authority of 33 CFR 
165.939 and 5 U.S.C. 552(a). In addition to this notice of enforcement 
in the Federal Register, the Coast Guard will provide the maritime 
community with advance notification of this enforcement period via 
Broadcast Notice to Mariners or Local Notice to Mariners. If the 
Captain of the Port Buffalo determines that the

[[Page 27621]]

safety zone need not be enforced for the full duration stated in this 
notice he or she may use a Broadcast Notice to Mariners to grant 
general permission to enter the respective safety zone.

    Dated: June 12, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-12547 Filed 6-15-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             27620                Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations

                                             300-yard radius of the fireworks barge                    Dated: June 9, 2017.                                 Annual Events in the Captain of the Port
                                             positioned in vicinity of 42°19′14″ N.,                 C.C. Gelzer,                                           Buffalo Zone listed in 33 CFR 165.939
                                             070°59′36″ before, during, and after the                Captain, U.S. Coast Guard, Captain of the              for the following events:
                                             fireworks display.                                      Port Boston.                                              (1) A Salute to our Heroes, Lake
                                                                                                     [FR Doc. 2017–12493 Filed 6–15–17; 8:45 am]            Ontario, Hamlin, NY; The safety zone
                                                (2) Effective and enforcement period.
                                                                                                                                                            listed in 33 CFR 165.939(a)(16) will be
                                             This rule will be effective on June 16,                 BILLING CODE 9110–04–P
                                                                                                                                                            enforced from 9:45 p.m. to 11:15 p.m.
                                             2017, from 8 p.m. through 10:30 p.m.
                                                                                                                                                            on July 2, 2017.
                                                (b) Regulations. While this safety zone              DEPARTMENT OF HOMELAND                                    (2) Village Fireworks, Sodus Point,
                                             is being enforced, the following                        SECURITY                                               NY; The safety zone listed in 33 CFR
                                             regulations, along with those contained                                                                        165.939(a)(14) will be enforced from
                                             in 33 CFR 165.23 apply:                                 Coast Guard                                            9:45 p.m. to 11:00 p.m. on July 3, 2017.
                                                (1) No person or vessel may enter or                                                                           (3) North Tonawanda Fireworks,
                                             remain in this safety zone without the                  33 CFR Part 165                                        North Tonawanda, NY; The safety zone
                                             permission of the Captain of the Port                                                                          listed in 33 CFR 165.939(a)(18) will be
                                                                                                     [Docket No. USCG–2017–0387]
                                             (COTP) or the COTP’s representatives.                                                                          enforced from 9:25 p.m. to 10:15 p.m.
                                             However, any vessel that is granted                     Safety Zones; Annual Events in the                     on July 4, 2017.
                                                                                                     Captain of the Port Buffalo Zone—July                     (4) Tonawanda’s Canal Fest
                                             permission by the COTP or the COTP’s
                                                                                                     Fireworks                                              Fireworks, Tonawanda, NY; The safety
                                             representatives must proceed through
                                                                                                                                                            zone listed in 33 CFR 165.939(a)(19)
                                             the area with caution and operate at a                  AGENCY:  Coast Guard, DHS.                             will be enforced from 9:00 p.m. to 10:30
                                             speed no faster than that speed
                                                                                                     ACTION: Notice of enforcement of                       p.m. on July 23, 2017.
                                             necessary to maintain a safe course,                                                                              (5) French Festival Fireworks, Cape
                                             unless otherwise required by the                        regulation.
                                                                                                                                                            Vincent, NY; The safety zone listed in
                                             Navigation Rules.                                       SUMMARY:   The Coast Guard will enforce                33 CFR 165.939(a)(3) will be enforced
                                                (2) Any person or vessel permitted to                certain safety zones located in federal                from 9:30 p.m. to 10:45 p.m. on both
                                             enter the safety zone shall comply with                 regulations for recurring marine events.               July 8, 2017 and July 9, 2017.
                                             the directions and orders of the COTP                   This action is necessary and intended                     (6) Boldt Castle 4th of July Fireworks,
                                             or the COTP’s representatives. Upon                     for the safety of life and property on                 Heart Island, NY; The safety zone listed
                                             being hailed by a U.S. Coast Guard                      navigable waters during this event.                    in 33 CFR 165.939(a)(1) will be enforced
                                             vessel by siren, radio, flashing lights, or             During each enforcement period, no                     from 8:45 p.m. to 10:45 p.m. on July 4,
                                             other means, the operator of a vessel                   person or vessel may enter the                         2017.
                                             within the zone shall proceed as                        respective safety zone without the                        (7) Tom Graves Memorial Fireworks,
                                             directed. Any person or vessel within                   permission of the Captain of the Port                  Port Bay, NY; The safety zone listed in
                                             the safety zone shall exit the zone when                Buffalo.                                               33 CFR 165.939(a)(13) will be enforced
                                             directed by the COTP or the COTP’s                      DATES:  The regulations in 33 CFR                      from 9:45 p.m. to 10:45 p.m. on July 3,
                                             representatives.                                        165.939(a)(16) will be enforced on July                2017 within a 420-foot radius of
                                                                                                     2, 2017, from 9:45 p.m. to 11:15 p.m.;                 position 43°17′54″ N. and 076°49′51″ W.
                                                (3) To obtain permissions required by                                                                          (8) Olcott Fireworks, Olcott, NY; The
                                             this regulation, individuals may reach                  The regulations in 33 CFR
                                                                                                                                                            safety zone listed in 33 CFR
                                             the COTP or a COTP representative via                   165.939(a)(14) will be enforced on July
                                                                                                                                                            165.939(a)(17) will be enforced from
                                             VHF channel 16 or 617–223–5757                          3, 2017 from 9:45 p.m. to 11:00 p.m.;
                                                                                                                                                            9:30 p.m. to 11:00 p.m. on July 3, 2017.
                                             (Sector Boston Command Center).                         The regulations in 33 CFR                                 Pursuant to 33 CFR 165.23, entry into,
                                                                                                     165.939(a)(18) will be enforced on July                transiting, or anchoring within the
                                                (c) Penalties. Those who violate this
                                                                                                     4, 2017 from 9:25 p.m. to 10:15 p.m.;                  safety zone during an enforcement
                                             section are subject to the penalties set
                                                                                                     The regulations in 33 CFR                              period is prohibited unless authorized
                                             forth in 33 U.S.C. 1232 and 50 U.S.C.
                                                                                                     165.939(a)(19) will be enforced on July                by the Captain of the Port Buffalo or his
                                             1226.
                                                                                                     23, 2017 from 9:00 p.m. to 10:30 p.m.;                 designated representative. Those
                                                (d) Notification. Coast Guard Sector                 The regulations in 33 CFR 165.939(a)(3)
                                             Boston will give notice through the                                                                            seeking permission to enter the safety
                                                                                                     will be enforced on July 8, 2017 and                   zone may request permission from the
                                             Local Notice to Mariners and Broadcast                  July 9, 2017 from 9:30 p.m. to 10:45
                                             Notice to Mariners for the purpose of                                                                          Captain of Port Buffalo via channel 16,
                                                                                                     p.m.; The regulations in 33 CFR                        VHF–FM. Vessels and persons granted
                                             enforcement of this temporary safety                    165.939(a)(1) will be enforced on July 4,              permission to enter the safety zone shall
                                             zone. Sector Boston will also notify the                2017 from 8:45 p.m. to 10:45 p.m.; The                 obey the directions of the Captain of the
                                             public to the greatest extent possible of               regulations in 33 CFR 165.939(a)(13)                   Port Buffalo or his designated
                                             any period in which the Coast Guard                     will be enforced on July 3, 2017 from                  representative. While within a safety
                                             will suspend enforcement of this safety                 8:45 p.m. to 9:45 p.m.; The regulations                zone, all vessels shall operate at the
                                             zone.                                                   in 33 CFR 165.939(a)(17) will be                       minimum speed necessary to maintain a
                                                (e) COTP representative. The COTP’s                  enforced on July 3, 2017 from 9:30 p.m.                safe course.
                                             representative may be any Coast Guard                   to 11:00 p.m.                                             This notice of enforcement is issued
                                             commissioned, or petty officer or any                   FOR FURTHER INFORMATION CONTACT: If                    under authority of 33 CFR 165.939 and
                                             federal, state, or local law enforcement                you have questions about this notice of                5 U.S.C. 552(a). In addition to this
                                             officer who has been designated by the                  enforcement, call or email LT Michael                  notice of enforcement in the Federal
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                                             COTP to act on the COTP’s behalf. The                   Collet, Chief of Waterways Management,                 Register, the Coast Guard will provide
                                             COTP’s representative may be on a                       Coast Guard Sector Buffalo, telephone                  the maritime community with advance
                                             Coast Guard vessel, a Coast Guard                       716–843–9322, email D09-SMB-                           notification of this enforcement period
                                             Auxiliary vessel, a state or local law                  SECBuffalo-WWM@uscg.mil.                               via Broadcast Notice to Mariners or
                                             enforcement vessel, or a location on                    SUPPLEMENTARY INFORMATION: The Coast                   Local Notice to Mariners. If the Captain
                                             shore.                                                  Guard will enforce the Safety Zones;                   of the Port Buffalo determines that the


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                                                                  Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations                                          27621

                                             safety zone need not be enforced for the                (d)(6)(ii)(F) introductory text,                          Under section 705 of the APA,
                                             full duration stated in this notice he or               (d)(6)(ii)(F)(5), (d)(6)(ii)(G), (d)(6)(ii)(H)         ‘‘[w]hen an agency finds that justice so
                                             she may use a Broadcast Notice to                       through (K), (d)(7)(ii) and (iii), (d)(8),             requires, it may postpone the effective
                                             Mariners to grant general permission to                 and (e)(6)(iii); 682.405(b)(4)(ii); 682.410;           date of action taken by it, pending
                                             enter the respective safety zone.                       685.200; 685.205; 685.206; 685,212(k);                 judicial review.’’ 5 U.S.C. 705. In light
                                                Dated: June 12, 2017.                                685.214; 685.215; 685.222; Appendix A                  of the pending litigation, and for the
                                                                                                     to Subpart B of Part 685; and 685.308,                 following reasons, the Department has
                                             J.S. Dufresne,
                                                                                                     published November 1, 2016, at 81 FR                   concluded that justice requires it to
                                             Captain, U.S. Coast Guard, Captain of the
                                                                                                     75926, is delayed until further notice.                postpone the effectiveness of certain
                                             Port Buffalo.
                                                                                                     FOR FURTHER INFORMATION CONTACT:                       provisions of the final regulations until
                                             [FR Doc. 2017–12547 Filed 6–15–17; 8:45 am]
                                                                                                     Barbara Hoblitzell, U.S. Department of                 the judicial challenges to the final
                                             BILLING CODE 9110–04–P                                                                                         regulations are resolved.
                                                                                                     Education, 400 Maryland Ave. SW.,
                                                                                                     Room 6W252, Washington, DC 20202.                         First, the postponement will preserve
                                                                                                     Telephone: (202) 453–7583 or by email                  the regulatory status quo while the
                                             DEPARTMENT OF EDUCATION                                 at: Barbara.Hoblitzell@ed.gov.                         litigation is pending and the Court
                                                                                                        If you use a telecommunications                     decides whether to uphold the final
                                             34 CFR Parts 668, 674, 682, and 685                     device for the deaf (TDD) or a text                    regulations. The plaintiffs have raised
                                             RIN 1840–AD19                                           telephone (TTY), call the Federal Relay                serious questions concerning the
                                                                                                     Service (FRS), toll free, at 1–800–877–                validity of certain provisions of the final
                                             [Docket ID ED–2015–OPE–0103]                            8339.                                                  regulations and have identified
                                                                                                                                                            substantial injuries that could result if
                                             Student Assistance General                              SUPPLEMENTARY INFORMATION: On
                                                                                                                                                            the final regulations go into effect before
                                             Provisions, Federal Perkins Loan                        November 1, 2016, the Department                       those questions are resolved. Given the
                                             Program, Federal Family Education                       published the final regulations in the                 legal uncertainty, maintaining the status
                                             Loan Program, William D. Ford Federal                   Federal Register (81 FR 75296), and the                quo is critical. For instance, if the final
                                             Direct Loan Program, and Teacher                        final regulations are scheduled to take                regulations are not postponed,
                                             Education Assistance for College and                    effect on July 1, 2017. The final                      institutions participating in the
                                             Higher Education Grant Program                          regulations made several changes to the                programs under title IV of the Higher
                                                                                                     Department’s student financial                         Education Act of 1965, as amended
                                             AGENCY:  Office of Postsecondary                        assistance regulations. Those changes
                                             Education, Department of Education.                                                                            (HEA), would be required, as of July 1,
                                                                                                     include a new Federal standard and                     2017, to modify their contracts in
                                             ACTION: Final rule; notification of partial             process for determining whether a                      accordance with the arbitration and
                                             delay of effective dates.                               borrower has a defense to repayment on                 class action waiver regulations, which
                                                                                                     a loan based on an act or omission of a                may be contrary to their interests.
                                             SUMMARY:    On November 1, 2016, the                    school. The final regulations also
                                             Department of Education published                                                                              Postponing the final regulations will
                                                                                                     prohibit schools from using certain                    avoid the cost that institutions would
                                             final regulations entitled Student                      contractual provisions regarding dispute
                                             Assistance General Provisions, Federal                                                                         incur in making these changes while the
                                                                                                     resolution processes in their agreements               regulation is subject to judicial review.
                                             Perkins Loan Program, Federal Family                    with students, including predispute                    Additionally, if the final regulations are
                                             Education Loan (FFEL) Program,                          arbitration provisions and class action                not postponed, institutions would be
                                             William D. Ford Federal Direct Loan                     waivers. The final regulations further                 subject to financial responsibility trigger
                                             Program, and Teacher Education                          impose new financial responsibility                    provisions that could impose substantial
                                             Assistance for College and Higher                       standards and require proprietary                      costs. Meanwhile, the postponement of
                                             Education Grant Program (the final                      schools to make certain disclosures                    the final regulations will not prevent
                                             regulations) in the Federal Register. On                regarding the student loan repayment                   student borrowers from obtaining relief
                                             May 24, 2017, the California Association                rates of their graduates.                              because the Department will continue to
                                             of Private Postsecondary Schools                           On May 24, 2017, CAPPS filed its                    process borrower defense claims under
                                             (CAPPS) filed a Complaint and Prayer                    complaint with the Court challenging                   existing regulations that will remain in
                                             for Declaratory and Injunctive Relief in                the final regulations (California                      effect during the postponement.
                                             the United States District Court for the                Association of Private Postsecondary                      Second, the United States will suffer
                                             District of Columbia (Court). In light of               Schools v. DeVos, No. 1:17–cv–00999                    no significant harm from postponing the
                                             the existence and potential                             (D.D.C. May 24, 2017)), in particular                  effectiveness of the final regulations
                                             consequences of the pending litigation,                 those provisions of the regulations                    while the litigation is pending. As the
                                             the Department has concluded that                       pertaining to the standard and process                 Department stated in the Net Budget
                                             justice requires it to postpone certain                 for the Department to adjudicate                       Impacts section of the Regulatory
                                             provisions of the final regulations                     borrower defense claims, requirements                  Impact Analysis of the final regulations,
                                             pursuant to the Administrative                          pertaining to financial responsibility                 the provisions with the greatest impact
                                             Procedure Act (APA), pending judicial                   standards, provisions requiring                        on the net budget impact of the final
                                             review. The provisions to be postponed                  proprietary institutions to provide                    regulations are those related to the
                                             are listed in detail in the                             warnings about their students’ loan                    discharge of borrowers’ loans, especially
                                             SUPPLEMENTARY INFORMATION section of                    repayment rates, and prohibitions                      the changes to borrower defense and
                                             this document.                                          against institutions including arbitration             closed school discharges. The final
                                             DATES: As of June 16, 2017, the effective               or class action waivers in their                       regulations were estimated to have a net
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                                             date for the amendments to or additions                 agreements with students. CAPPS has                    budget impact in costs over the 2016–
                                             of: §§ 668.14; 668.41; 668.71; 668.90;                  also filed a motion for preliminary                    2026 loan cohorts of $16.6 billion in the
                                             668.93; 668.171; 668.175 (c) and (d) and                injunction asking the Court to restrain                primary estimate scenario, including a
                                             (f) and (h); Appendix C to Subpart L of                 the Department from implementing or                    cost of $381 million for cohorts 2014–
                                             Part 668; 674.33; 682.202; 682.211;                     enforcing the arbitration and class                    2016 attributable to the regulations
                                             682.402(d)(3), (d)(6)(ii)(B)(1) and (2),                action waiver prohibitions.                            providing for a three-year automatic


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Document Created: 2017-06-16 00:52:31
Document Modified: 2017-06-16 00:52:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of enforcement of regulation.
DatesThe regulations in 33 CFR 165.939(a)(16) will be enforced on July 2, 2017, from 9:45 p.m. to 11:15 p.m.; The regulations in 33 CFR 165.939(a)(14) will be enforced on July 3, 2017 from 9:45 p.m. to 11:00 p.m.; The regulations in 33 CFR 165.939(a)(18) will be enforced on July 4, 2017 from 9:25 p.m. to 10:15 p.m.; The regulations in 33 CFR 165.939(a)(19) will be enforced on July 23, 2017 from 9:00 p.m. to 10:30 p.m.; The regulations in 33 CFR 165.939(a)(3) will be enforced on July 8, 2017 and July 9, 2017 from 9:30 p.m. to 10:45 p.m.; The regulations in 33 CFR 165.939(a)(1) will be enforced on July 4, 2017 from 8:45 p.m. to 10:45 p.m.; The regulations in 33 CFR 165.939(a)(13) will be enforced on July 3, 2017 from 8:45 p.m. to 9:45 p.m.; The regulations in 33 CFR 165.939(a)(17) will be enforced on July 3, 2017 from 9:30 p.m. to 11:00 p.m.
ContactIf you have questions about this notice of enforcement, call or email LT Michael Collet, Chief of Waterways Management, Coast Guard Sector Buffalo, telephone 716-843- 9322, email [email protected]
FR Citation82 FR 27620 

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