82 FR 52210 - Safety Zone; City of Oswego Fireworks Display; Oswego River, Oswego, NY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 217 (November 13, 2017)
Coast Guard
Federal Register Volume 82, Issue 217 (November 13, 2017)
| Page Range | 52210-52212 | |
| FR Document | 2017-24498 |
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)] [Rules and Regulations] [Pages 52210-52212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24498] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0990] RIN 1625-AA00 Safety Zone; City of Oswego Fireworks Display; Oswego River, Oswego, NY AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- [[Page 52211]] SUMMARY: The Coast Guard is establishing a temporary safety zone on the Oswego River, Oswego, NY. This safety zone is intended to restrict vessels from portions of the Oswego River during the City of Oswego fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo. DATES: This rule is effective from 7:15 p.m. on November 25, 2017 until 8:15 p.m. on November 26, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0990 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the event sponsor did not submit notice to the Coast Guard with sufficient time remaining before the event to publish an NPRM. Delaying the effective date of this rule to wait for a comment period to run would be impracticable and contrary to the public interest by inhibiting the Coast Guard's ability to protect spectators and vessels from the hazards associated with a fireworks display. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register because doing so would be impracticable and contrary to the public interest. Delaying the effective date would be contrary to the rule's objectives of ensuring safety of life on the navigable waters and protection of persons and vessels near the event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Buffalo (COTP) has determined that a fireworks display presents significant risks to public safety and property. Such hazards include premature and accidental detonations, dangerous projectiles, and falling or burning debris. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the fireworks display takes place. IV. Discussion of the Rule This rule establishes a safety zone on November 25, 2017, or in the event of inclement weather November 26, 2017, from 7:15 p.m. to 8:15 p.m. The safety zone will encompass all waters of the Oswego River; Oswego, NY contained within 210-foot radius of: 43[deg]27'15.37'' N., 076[deg]30'28.34'' W. (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget. We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions [[Page 52212]] annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1- 888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule establishes a temporary safety zone. It is categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction, which pertains to establishment of safety zones. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated in the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T09-0990 to read as follows: Sec. 165.T09-0990 Safety Zone; City of Oswego Fireworks Display; Oswego River, Oswego, NY. (a) Location. The safety zone will encompass all waters of the Oswego River; Oswego, NY contained within a 210-foot radius of: 43[deg]27'15.37'' N., 076[deg]30'28.34'' W. (NAD 83). (b) Enforcement period. This regulation will be enforced from 7:15 p.m. until 8:15 p.m. on November 25, 2017, or in the event of inclement weather, on November 26, 2017, from 7:15 p.m. until 8:15 p.m. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on- scene representative. (3) The ``on-scene representative'' of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative. Dated: November 6, 2017. J.S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2017-24498 Filed 11-9-17; 8:45 am] BILLING CODE 9110-04-P
![52210 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Rules and Regulations
declaration of a national emergency in 2016), OFAC amends 31 CFR chapter V clearance of 50 feet above mean high
E.O. 13396 with respect to the situation as follows: water (MHW) in the closed position.
in or in relation to Côte d’Ivoire had The current operating schedule is set
been significantly altered by the PART 543—[REMOVED] out in 33 CFR 117.716. Under this
progress achieved in the stabilization of temporary deviation, the bridge will be
Côte d’Ivoire, including the successful ■ 1. Remove part 543. maintained in the closed-to-navigation
conduct of the October 2015 Dated: November 7, 2017. position for six (6) separate four (4) day
presidential election, progress on the John E. Smith, periods from 7 a.m. until 5 p.m. starting
management of arms and related Director, Office of Foreign Assets Control. from December 15, 2017, through
materiel, and the combatting of illicit [FR Doc. 2017–24521 Filed 11–9–17; 8:45 am] December 18, 2017; January 4, 2018,
trafficking in natural resources. BILLING CODE 4810–AL–P
through January 7, 2018; January 11,
Accordingly, and in view of the removal 2018, through January 14, 2018; January
of multilateral sanctions by the United 18, 2018, through January 21, 2018;
Nations Security Council in Resolution January 25, 2018, through January 28,
DEPARTMENT OF HOMELAND
2283, the President terminated the 2018; and February 1, 2018, through
SECURITY
national emergency and revoked E.O. February 4, 2018. The bridge will open
13396. Coast Guard on signal at all other times.
Therefore, OFAC is removing the The Delaware River is used by a
Regulations from the Code of Federal 33 CFR Part 117 variety of vessels including small
Regulations. Pursuant to section 202 of commercial vessels, recreational vessels
the National Emergencies Act (50 U.S.C. [Docket No. USCG–2017–0758] and tug and barge traffic. The Coast
1622) and section 1 of E.O. 13739, Guard has carefully coordinated the
termination of the national emergency Drawbridge Operation Regulation; restrictions with waterway users in
declared in E.O. 13396 shall not affect Delaware River, Tacony, PA, and publishing this temporary deviation.
any action taken or proceeding pending Palmyra, NJ Vessels able to pass through the
and not fully concluded or determined AGENCY: Coast Guard, DHS. bridge in the closed position may do so
as of 8:00 a.m. eastern daylight time on if at least 15 minutes notice is given.
ACTION:Notice of deviation from
September 14, 2016 (the effective date of The bridge will not be able to open for
drawbridge regulation.
E.O. 13739), any action or proceeding emergencies and there is no immediate
based on any act committed prior to the SUMMARY: The Coast Guard has issued a alternate route for vessels unable to pass
effective date, or any rights or duties temporary deviation from the operating through the bridge in the closed
that matured or penalties that were schedule that governs the SR 73 position. The Coast Guard will also
incurred prior to the effective date. (Tacony-Palmyra) Bridge across the inform the users of the waterways
Delaware River, mile 107.2, in between through our Local and Broadcast Notice
Public Participation to Mariners of the change in operating
Tacony, PA, and Palmyra, NJ. The
Because the Regulations involve a deviation is necessary to facilitate schedule for the bridge so that vessel
foreign affairs function, the provisions routine maintenance. This deviation operators can arrange their transits to
of Executive Order 12866 and the allows the bridge to remain in the minimize any impact caused by this
Administrative Procedure Act (5 U.S.C. closed-to-navigation position. temporary deviation.
553) requiring notice of proposed In accordance with 33 CFR 117.35(e),
DATES: This deviation is effective from
rulemaking, opportunity for public the drawbridge must return to its regular
7 a.m. on December 15, 2017, through
participation, and delay in effective operating schedule immediately at the
5 p.m. on February 4, 2018.
date, as well as the provisions of end of this effective period of this
ADDRESSES: The docket for this temporary deviation. This deviation
Executive Order 13771, are
deviation, [USCG–2017–0758] is from the operating regulations is
inapplicable. Because no notice of
available at http://www.regulations.gov. authorized under 33 CFR 117.35.
proposed rulemaking is required for this
Type the docket number in the
rule, the Regulatory Flexibility Act (5 Dated: November 3, 2017.
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
U.S.C. 601–612) does not apply. Hal R. Pitts,
Click on Open Docket Folder on the line
Paperwork Reduction Act associated with this deviation. Bridge Program Manager, Fifth Coast Guard
District.
The Paperwork Reduction Act does FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary [FR Doc. 2017–24468 Filed 11–9–17; 8:45 am]
not apply because this rule does not
deviation, call or email Mr. Mickey BILLING CODE 9110–04–P
impose information collection
requirements that would require the Sanders, Bridge Administration Branch
approval of the Office of Management Fifth District, Coast Guard; telephone
(757) 398–6587, email DEPARTMENT OF HOMELAND
and Budget under 44 U.S.C. 3501 et seq. SECURITY
Mickey.D.Sanders2@uscg.mil.
List of Subjects in 31 CFR Part 543 SUPPLEMENTARY INFORMATION: The Coast Guard
Administrative practice and Burlington County Bridge Commission,
procedure, Banks, Banking, Blocking of owner and operator of the SR 73 33 CFR Part 165
assets, Côte d’Ivoire, Credit, Foreign (Tacony-Palmyra) Bridge across the
asabaliauskas on DSKBBXCHB2PROD with RULES
trade, Penalties, Reporting and Delaware River, mile 107.2, in between [Docket Number USCG–2017–0990]
recordkeeping requirements, Securities, Tacony, PA, and Palmyra, NJ, has RIN 1625–AA00
Services. requested a temporary deviation from
For reasons set forth in the preamble, the current operating schedule to Safety Zone; City of Oswego Fireworks
and under the authority of 3 U.S.C. 301; accommodate annual maintenance to Display; Oswego River, Oswego, NY
50 U.S.C. 1601–1651; E.O. 13396, 71 FR replace machinery components for the AGENCY: Coast Guard, DHS.
7389, 3 CFR, 2006 Comp., p. 209; E.O. drive system that operates the bascule
ACTION: Temporary final rule.
13739, 81 FR 63673 (September 16, spans. The bridge has a vertical
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![52212 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Rules and Regulations
annually and rates each agency’s complying with the National Captain of the Port Buffalo or his
responsiveness to small business. If you Environmental Policy Act of 1969 (42 designated on-scene representative.
wish to comment on actions by U.S.C. 4321–4370f), and have (2) This safety zone is closed to all
employees of the Coast Guard, call 1– determined that this action is one of a vessel traffic, except as may be
888–REG–FAIR (1–888–734–3247). The category of actions that do not permitted by the Captain of the Port
Coast Guard will not retaliate against individually or cumulatively have a Buffalo or his designated on-scene
small entities that question or complain significant effect on the human representative.
about this rule or any policy or action environment. This rule establishes a (3) The ‘‘on-scene representative’’ of
of the Coast Guard. temporary safety zone. It is categorically the Captain of the Port Buffalo is any
excluded under section 2.B.2, figure 2– Coast Guard commissioned, warrant or
C. Collection of Information
1, paragraph 34(g) of the Instruction, petty officer who has been designated
This rule will not call for a new which pertains to establishment of by the Captain of the Port Buffalo to act
collection of information under the safety zones. A Record of Environmental on his behalf.
Paperwork Reduction Act of 1995 (44 Consideration (REC) supporting this (4) Vessel operators desiring to enter
U.S.C. 3501–3520). determination is available in the docket or operate within the safety zone must
D. Federalism and Indian Tribal where indicated in the ADDRESSES contact the Captain of the Port Buffalo
Governments section of this preamble. or his on-scene representative to obtain
permission to do so. The Captain of the
A rule has implications for federalism G. Protest Activities
Port Buffalo or his on-scene
under Executive Order 13132, The Coast Guard respects the First representative may be contacted via
Federalism, if it has a substantial direct Amendment rights of protesters. VHF Channel 16. Vessel operators given
effect on the States, on the relationship Protesters are asked to contact the permission to enter or operate in the
between the national government and person listed in the FOR FURTHER safety zone must comply with all
the States, or on the distribution of INFORMATION CONTACT section to directions given to them by the Captain
power and responsibilities among the coordinate protest activities so that your of the Port Buffalo, or his on-scene
various levels of government. We have message can be received without representative.
analyzed this rule under that Order and jeopardizing the safety or security of
have determined that it is consistent Dated: November 6, 2017.
people, places, or vessels.
with the fundamental federalism J.S. Dufresne,
principles and preemption requirements List of Subjects in 33 CFR Part 165 Captain, U.S. Coast Guard, Captain of the
described in Executive Order 13132. Harbors, Marine safety, Navigation Port Buffalo.
Also, this rule does not have tribal (water), Reporting and recordkeeping [FR Doc. 2017–24498 Filed 11–9–17; 8:45 am]
implications under Executive Order requirements, Security measures, BILLING CODE 9110–04–P
13175, Consultation and Coordination Waterways.
with Indian Tribal Governments, For the reasons discussed in the
because it does not have a substantial preamble, the Coast Guard amends 33 DEPARTMENT OF HOMELAND
direct effect on one or more Indian CFR part 165 as follows: SECURITY
tribes, on the relationship between the
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION Coast Guard
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS
responsibilities between the Federal 33 CFR Part 165
Government and Indian tribes. If you ■ 1. The authority citation for part 165
[Docket Number USCG–2017–1011]
believe this rule has implications for continues to read as follows:
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; RIN 1625–AA00
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation Safety Zone, Delaware River; Pipeline
above. No. 0170.1. Removal
E. Unfunded Mandates Reform Act ■ 2. Add § 165.T09–0990 to read as AGENCY:Coast Guard, DHS.
follows:
The Unfunded Mandates Reform Act Temporary final rule; correcting
ACTION:
of 1995 (2 U.S.C. 1531–1538) requires § 165.T09–0990 Safety Zone; City of amendment.
Federal agencies to assess the effects of Oswego Fireworks Display; Oswego River,
their discretionary regulatory actions. In Oswego, NY. SUMMARY: The Coast Guard is correcting
particular, the Act addresses actions (a) Location. The safety zone will a temporary final rule that appeared in
that may result in the expenditure by a encompass all waters of the Oswego the Federal Register on November 6,
State, local, or tribal government, in the River; Oswego, NY contained within a 2017. The document issued a temporary
aggregate, or by the private sector of 210-foot radius of: 43°27′15.37″ N., safety zone for in the Mifflin Range on
$100,000,000 (adjusted for inflation) or 076°30′28.34″ W. (NAD 83). the Delaware River to facilitate pipeline
more in any one year. Though this rule (b) Enforcement period. This removal in preparation for the
will not result in such expenditure, we regulation will be enforced from 7:15 deepening of the Delaware River. Due to
do discuss the effects of this rule p.m. until 8:15 p.m. on November 25, mechanical issues on the SHELBY, the
asabaliauskas on DSKBBXCHB2PROD with RULES
elsewhere in this preamble. 2017, or in the event of inclement dredging operations will be attended by
weather, on November 26, 2017, from the towing vessel GRAPE APE for the
F. Environment 7:15 p.m. until 8:15 p.m. duration of the safety zone. All vessel
We have analyzed this rule under (c) Regulations. (1) In accordance with contact information remains the same.
Department of Homeland Security the general regulations in § 165.23 of DATES: This correction is effective
Management Directive 023–01 and this part, entry into, transiting, or without actual notice from November
Commandant Instruction M16475.lD, anchoring within this safety zone is 13, 2017 until December 4, 2017. For the
which guide the Coast Guard in prohibited unless authorized by the purpose of enforcement, actual notice
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Document Created: 2017-11-10 01:18:14
Document Modified: 2017-11-10 01:18:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 7:15 p.m. on November 25, 2017 until 8:15 p.m. on November 26, 2017. | |
| Contact | If you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email D09-SMB- [email protected] | |
| FR Citation | 82 FR 52210 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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