82 FR 60318 - Safety Zone; Spa Creek, Annapolis, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 243 (December 20, 2017)
Coast Guard
Federal Register Volume 82, Issue 243 (December 20, 2017)
| Page Range | 60318-60320 | |
| FR Document | 2017-27381 |
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)] [Rules and Regulations] [Pages 60318-60320] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27381] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0994] RIN 1625-AA00 Safety Zone; Spa Creek, Annapolis, MD AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for certain waters of Spa Creek. This action is necessary to provide for the safety of life on navigable waters during a fireworks display in Anne Arundel County at Annapolis, MD, on December 31, 2017. This rulemaking prohibits persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. DATES: This rule is effective from 11 p.m. on December 31, 2017 through 1 a.m. on January 1, 2018. ADDRESSES: To view documents mentioned in this preamble as being [[Page 60319]] available in the docket, go to http://www.regulations.gov, type USCG- 2017-0994 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 Mr. Ronald Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576- 2674, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On August 29, 2017, the City of Annapolis, MD, notified the Coast Guard that it will be conducting an aerial fireworks display at 11:55 p.m. on December 31, 2017. The fireworks display will be conducted by Pyrotecnico of New Castle, PA and launched from a barge located in Spa Creek, in Anne Arundel County at Annapolis, MD. There is no rain date planned for this fireworks display. In response, on November 21, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ``Safety Zone; Spa Creek, Annapolis, MD'' (82 FR 55336). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended November 28, 2017, we received no comments. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because immediate action is needed to respond to the potential safety hazards associated with a fireworks display from a barge on navigable waters. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP has determined that potential hazards associated with the fireworks to be used in this December 31, 2017 display will be a safety concern for anyone within 133 yards of the fireworks barge. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published November 21, 2017. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a safety zone from 11 p.m. on December 31, 2017 through 1 a.m. on January 1, 2018. The safety zone will cover all navigable waters of Spa Creek within 133 yards of a fireworks barge in approximate position latitude 38[deg]58'33.01'' N, longitude 076[deg]28'58.00'' W, located at Annapolis, MD. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 11:55 p.m. fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. 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 (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the duration, time-of-year, and time-of-day of the safety zone. Although vessel traffic will not be able to safely transit around this safety zone, the impact would be for only 2 hours during the late evening when vessel traffic in Spa Creek is normally low. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. 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 (Public Law 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct [[Page 60320]] 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. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting less than two hours that would prohibit entry within 133 yards of a fireworks barge. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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; and Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T05-0994 to read as follows: Sec. 165.T05-0994 Safety Zone; Spa Creek, Annapolis, MD. (a) Definitions. As used in this section: Captain of the Port means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcing the safety zone described in paragraph (b) of this section. (b) Location. The following area is a safety zone: All navigable waters of Spa Creek, within 133 yards of a fireworks barge in approximate position latitude 38[deg]58'33.01'' N, longitude 076[deg]28'58.00'' W, located at Annapolis, MD. All coordinates refer to North American Datum 83 (NAD 1983). (c) Regulations. The general safety zone regulations found in subpart C of this part apply to the safety zone created by this section. (1) All persons are required to comply with the general regulations governing safety zones found in Sec. 165.23. (2) Entry into or remaining in this zone is prohibited unless authorized by the Captain of the Port (COTP) or designated representative. All vessels underway within this safety zone at the time it is implemented are to depart the zone. (3) Persons desiring to transit the area of the safety zone must first obtain authorization from the COTP or designated representative. To request permission to transit the area, the COTP and or designated representatives can be contacted at telephone number 410-576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8 MHz). If permission is granted, persons and vessels must comply with the instructions of the COTP or designated representative and proceed as directed while within the zone. (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (d) Enforcement period. This section will be enforced from 11 p.m. on December 31, 2017 through 1 a.m. on January 1, 2018. Dated: December 14, 2017. Michael W. Batchelder, Commander, U.S. Coast Guard, Acting Captain of the Port Maryland- National Capital Region. [FR Doc. 2017-27381 Filed 12-19-17; 8:45 am] BILLING CODE 9110-04-P
![60318 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
economic impact on any vessel owner responsibilities between the Federal 11:59 p.m. on January 11, 2018, suspend
or operator. Mariners requiring dual lift- Government and Indian tribes. paragraph (d) and add paragraph (j) to
span operations have been able to read as follows:
E. Unfunded Mandates Reform Act
transit the draw following provision of
advance notice. Single-leaf operations The Unfunded Mandates Reform Act § 117.799 Long Island, New York Inland
of 1995 (2 U.S.C. 1531–1538) requires Waterway from East Rockaway Inlet to
will be furnished on signal for those Shinnecock Canal.
vessels requiring such an opening. Federal agencies to assess the effects of
their discretionary regulatory actions. In * * * * *
Under section 213(a) of the Small
particular, the Act addresses actions (j) The draws of the West Bay bridge,
Business Regulatory Enforcement
that may result in the expenditure by a mile 0.1, across Quantuck Canal,
Fairness Act of 1996 (Pub. L. 104–121),
State, local, or tribal government, in the Quoque bridge, mile 1.1, across Quoque
we want to assist small entities in
aggregate, or by the private sector of Canal and the Smith Point bridge, mile
understanding this rule. If the rule
$100,000,000 (adjusted for inflation) or 6.1, across Narrow Bay shall open on
would affect your small business,
more in any one year. Though this rule signal from October 1 through April 30
organization, or governmental
will not result in such an expenditure, from 8 a.m. to 4 p.m. and from May 1
jurisdiction and you have questions
we do discuss the effects of this rule through September 30 from 6 a.m. to 10
concerning its provisions or options for
elsewhere in this preamble. p.m. At all other times during these
compliance, please contact the person
periods, the draws shall open as soon as
listed in the FOR FURTHER INFORMATION F. Environment possible but no more than one hour after
CONTACT, above.
We have analyzed this rule under a request to open is received.
Small businesses may send comments Department of Homeland Security (1) The draw of the Beach Lane
on the actions of Federal employees Management Directive 023–01 and bridge, mile 1.1, across Quantuck Canal
who enforce, or otherwise determine Commandant Instruction M16475.lD, shall open only one of two bascule
compliance with, Federal regulations to which guides the Coast Guard in spans on signal for bridge openings.
the Small Business and Agriculture complying with the National Dual lift-span operations will occur for
Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 vessels requiring such an opening
and the Regional Small Business (NEPA) (42 U.S.C. 4321–4370f), and provided a 48 hour advance to the
Regulatory Fairness Boards. The have made a determination that this owner of the bridge.
Ombudsman evaluates these actions action is one of a category of actions
annually and rates each agency’s Dated: December 5, 2017.
which do not individually or S.D. Poulin,
responsiveness to small business. If you cumulatively have a significant effect on
wish to comment on actions by Rear Admiral, U.S. Coast Guard, Commander,
the human environment. This rule First Coast Guard District.
employees of the Coast Guard, call 1– simply promulgates the operating
888–REG–FAIR (1–888–734–3247). The [FR Doc. 2017–27403 Filed 12–19–17; 8:45 am]
regulations or procedures for
Coast Guard will not retaliate against drawbridges. This action is categorically
BILLING CODE 9110–04–P
small entities that question or complain excluded from further review, under
about this rule or any policy or action figure 2–1, paragraph (32)(e), of the
of the Coast Guard. DEPARTMENT OF HOMELAND
Instruction. A preliminary Record of SECURITY
C. Collection of Information Environmental Consideration and a
Memorandum for the Record are not Coast Guard
This rule calls for no new collection
required for this rule.
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501– G. Protest Activities 33 CFR Part 165
3520). The Coast Guard respects the First [Docket Number USCG–2017–0994]
D. Federalism and Indian Tribal Amendment rights of protesters. RIN 1625–AA00
Government Protesters are asked to contact the
person listed in the FOR FURTHER Safety Zone; Spa Creek, Annapolis, MD
A rule has implications for federalism INFORMATION CONTACT section to
under Executive Order 13132, AGENCY: Coast Guard, DHS.
coordinate protest activities so that your
Federalism, if it has a substantial direct message can be received without ACTION: Temporary final rule.
effect on the States, on the relationship jeopardizing the safety or security of
between the national government and SUMMARY: The Coast Guard is
people, places or vessels. establishing a temporary safety zone for
the States, or on the distribution of
power and responsibilities among the List of Subjects in 33 CFR Part 117 certain waters of Spa Creek. This action
various levels of government. We have is necessary to provide for the safety of
Bridges.
analyzed this rule under that Order and life on navigable waters during a
For the reasons discussed in the fireworks display in Anne Arundel
have determined that it is consistent preamble, the Coast Guard amends 33
with the fundamental federalism County at Annapolis, MD, on December
CFR part 117 as follows: 31, 2017. This rulemaking prohibits
principles and preemption requirements
described in Executive Order 13132. PART 117—DRAWBRIDGE persons and vessels from entering the
OPERATION REGULATIONS safety zone unless authorized by the
Also, this rule does not have tribal
Captain of the Port Maryland–National
implications under Executive Order
■ 1. The authority citation for part 117 Capital Region or a designated
13175, Consultation and Coordination
ethrower on DSK3G9T082PROD with RULES
continues to read as follows: representative.
with Indian Tribal Governments,
because it does not have a substantial Authority: 33 U.S.C. 499; 33 CFR 1.05–1; DATES: This rule is effective from 11
direct effect on one or more Indian Department of Homeland Security Delegation p.m. on December 31, 2017 through 1
tribes, on the relationship between the No. 0170.1. a.m. on January 1, 2018.
Federal Government and Indian tribes, ■ 2. In § 117.799, effective from 12:01 ADDRESSES: To view documents
or on the distribution of power and a.m. on December 20, 2017, through mentioned in this preamble as being
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![60320 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
effect on the States, on the relationship Protesters are asked to contact the permission to transit the area, the COTP
between the national government and person listed in the FOR FURTHER and or designated representatives can be
the States, or on the distribution of INFORMATION CONTACT section to contacted at telephone number 410–
power and responsibilities among the coordinate protest activities so that your 576–2693 or on Marine Band Radio
various levels of government. We have message can be received without VHF–FM channel 16 (156.8 MHz). The
analyzed this rule under that Order and jeopardizing the safety or security of Coast Guard vessels enforcing this
have determined that it is consistent people, places or vessels. section can be contacted on Marine
with the fundamental federalism Band Radio VHF–FM channel 16 (156.8
principles and preemption requirements List of Subjects in 33 CFR Part 165
MHz). If permission is granted, persons
described in Executive Order 13132. Harbors, Marine safety, Navigation and vessels must comply with the
Also, this rule does not have tribal (water), Reporting and recordkeeping instructions of the COTP or designated
implications under Executive Order requirements, Security measures, representative and proceed as directed
13175, Consultation and Coordination Waterways. while within the zone.
with Indian Tribal Governments, For the reasons discussed in the (4) The U.S. Coast Guard may be
because it does not have a substantial preamble, the Coast Guard amends 33 assisted in the patrol and enforcement
direct effect on one or more Indian CFR part 165 as follows: of the safety zone by Federal, State, and
tribes, on the relationship between the local agencies.
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION (d) Enforcement period. This section
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS will be enforced from 11 p.m. on
responsibilities between the Federal December 31, 2017 through 1 a.m. on
Government and Indian tribes. If you ■ 1. The authority citation for part 165 January 1, 2018.
believe this rule has implications for continues to read as follows:
Dated: December 14, 2017.
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Michael W. Batchelder,
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
and Department of Homeland Security Commander, U.S. Coast Guard, Acting
FURTHER INFORMATION CONTACT section.
Delegation No. 0170.1. Captain of the Port Maryland-National
E. Unfunded Mandates Reform Act Capital Region.
■ 2. Add § 165.T05–0994 to read as
The Unfunded Mandates Reform Act [FR Doc. 2017–27381 Filed 12–19–17; 8:45 am]
follows:
of 1995 (2 U.S.C. 1531–1538) requires BILLING CODE 9110–04–P
Federal agencies to assess the effects of § 165.T05–0994 Safety Zone; Spa Creek,
their discretionary regulatory actions. In Annapolis, MD.
particular, the Act addresses actions (a) Definitions. As used in this DEPARTMENT OF THE INTERIOR
that may result in the expenditure by a section:
State, local, or tribal government, in the Captain of the Port means the Bureau of Land Management
aggregate, or by the private sector of Commander, U.S. Coast Guard Sector
$100,000,000 (adjusted for inflation) or Maryland-National Capital Region. 43 CFR Part 8360
more in any one year. Though this rule Designated representative means any [LLCOF02000.L12200000.DU0000–17X]
will not result in such an expenditure, Coast Guard commissioned, warrant, or
we do discuss the effects of this rule petty officer who has been authorized Final Supplementary Rules for Guffey
elsewhere in this preamble. by the Captain of the Port Maryland- Gorge in Park County, Colorado
National Capital Region to assist in
F. Environment enforcing the safety zone described in AGENCY: Bureau of Land Management,
We have analyzed this rule under paragraph (b) of this section. Interior.
Department of Homeland Security (b) Location. The following area is a ACTION: Final supplementary rules.
Management Directive 023–01 and safety zone: All navigable waters of Spa
Creek, within 133 yards of a fireworks SUMMARY: The Bureau of Land
Commandant Instruction M16475.lD,
barge in approximate position latitude Management (BLM) Royal Gorge Field
which guide the Coast Guard in
38°58′33.01″ N, longitude 076°28′58.00″ Office is implementing supplementary
complying with the National
W, located at Annapolis, MD. All rules to regulate certain activities on
Environmental Policy Act of 1969 (42
coordinates refer to North American public lands within Guffey Gorge in
U.S.C. 4321–4370f), and have
Datum 83 (NAD 1983). Park County, Colorado. These
determined that this action is one of a
(c) Regulations. The general safety supplementary rules are necessary to
category of actions that do not
zone regulations found in subpart C of implement decisions found in the
individually or cumulatively have a
this part apply to the safety zone created Guffey Gorge Management Plan
significant effect on the human
by this section. approved on June 29, 2015, to provide
environment. This rule involves a safety
(1) All persons are required to comply for the protection of persons, property,
zone lasting less than two hours that
with the general regulations governing and public lands and resources located
would prohibit entry within 133 yards
safety zones found in § 165.23. within the 80-acre site. These
of a fireworks barge. It is categorically
(2) Entry into or remaining in this supplementary rules will result in
excluded from further review under
zone is prohibited unless authorized by changes to some currently authorized
paragraph 34(g) of Figure 2–1 of the
the Captain of the Port (COTP) or activities related to the possession or
Commandant Instruction. A Record of
designated representative. All vessels use of alcohol, amplified music, vehicle
Environmental Consideration
parking, and visitors with dogs.
ethrower on DSK3G9T082PROD with RULES
supporting this determination is underway within this safety zone at the
available in the docket where indicated time it is implemented are to depart the DATES: These supplementary rules are
under ADDRESSES. zone. effective January 19, 2018.
(3) Persons desiring to transit the area ADDRESSES: You may send inquiries by
G. Protest Activities of the safety zone must first obtain mail or hand delivery to Linda Skinner,
The Coast Guard respects the First authorization from the COTP or Outdoor Recreation Planner, BLM Royal
Amendment rights of protesters. designated representative. To request Gorge Field Office, 3028 E. Main Street,
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Document Created: 2018-10-25 10:56:46
Document Modified: 2018-10-25 10:56:46
| 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 11 p.m. on December 31, 2017 through 1 a.m. on January 1, 2018. | |
| Contact | If you have questions on this rule, call or email Mr. Ronald Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410-576- 2674, email [email protected] | |
| FR Citation | 82 FR 60318 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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