83 FR 23228 - Safety Zone; Tuskegee Airmen River Days Air Show, Detroit River, Detroit, MI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 97 (May 18, 2018)
Coast Guard
Federal Register Volume 83, Issue 97 (May 18, 2018)
| Page Range | 23228-23230 | |
| FR Document | 2018-10645 |
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)] [Rules and Regulations] [Pages 23228-23230] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10645] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2018-0368] RIN 1625-AA00 Safety Zone; Tuskegee Airmen River Days Air Show, Detroit River, Detroit, MI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters in the vicinity of Detroit, MI. This zone is necessary to protect spectators and vessels from potential hazards associated with the Tuskegee Airmen River Days Airshow. DATES: This temporary final rule is effective from 12:30 p.m. on June 22, 2018 until 8 p.m. on June 25, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0368 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 temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9564, or email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations [[Page 23229]] COTP Captain of the Port Detroit 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 doing so would be impracticable. The Coast Guard did not receive the final details of this air show in time to publish an NPRM. As such, it is impracticable to publish an NPRM because we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. 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 inhibit the Coast Guard's ability to protect participants, mariners and vessels from the hazards associated with this 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 Detroit (COTP) has determined that an aircraft aerial display proximate to a gathering of watercraft poses a significant risk to public safety and property. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the airshow is being displayed. IV. Discussion of the Rule This rule establishes a safety zone from 12:30 p.m. on June 22, 2018 until 8 p.m. on June 25, 2018. The safety zone will encompass all U.S. navigable waters of the Detroit River between the following two lines extending from 70 feet off the bank to the US/Canadian demarcation line: The first line is drawn directly across the channel at position 42[deg]19.444' N, 083[deg]03.114' W (NAD 83); The second line, to the north, is drawn directly across the channel at position 42[deg]19.860' N 083[deg]01.683' W (NAD 83). 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 size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit around this safety zone which will impact a small designated area of the Detroit River for no more than four hours per day from 12:30 p.m. on June 22, 2018 until 8 p.m. June 25, 2018. Moreover, the Coast Guard will issue Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16 about the zone and the rule allows vessels to seek permission to enter 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 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 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 [[Page 23230]] 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 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 Directive 023-01 and Commandant Instruction M16475.1D, 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 one hour that will prohibit entry into a designated area. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023- 01-001-01, Rev. 01. 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; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T09-0368 to read as follows: Sec. 165.T09-0368 Safety Zone; Tuskegee Airmen River Days Air Show, Detroit River, Detroit, MI. (a) Location. A safety zone is established to include all U.S. navigable waters of the Detroit River between the following two lines extending 70 feet off the bank to the US/Canadian demarcation line: the first line is drawn directly across the channel at position 42[deg]19.444' N, 083[deg]03.114' W (NAD 83); the second line, to the north, is drawn directly across the channel, at position 42[deg]19.860' N 083[deg]01.683' W (NAD 83). (b) Enforcement period. The regulated area described in paragraph (a) of this section will be enforced from 12:30 p.m. through 4 p.m. on June 22, 2018; 3 p.m. through 5:30 p.m. on June 23, 2018 and June 24, 2018; and 4 p.m. until 8 p.m. on June 25, 2018. (c) Regulations. (1) No vessel or person may enter, transit through, or anchor within the safety zone unless authorized by the Captain of the Port Detroit (COTP), or his on-scene representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or his on-scene representative. (3) The ``on-scene representative'' of COTP is any Coast Guard commissioned, warrant or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port Detroit to act on his behalf. (4) Vessel operators shall contact the COTP or his on-scene representative to obtain permission to enter or operate within the safety zone. The COTP or his on-scene representative may be contacted via VHF Channel 16 or at 313-568-9464. Vessel operators given permission to enter or operate in the regulated area must comply with all directions given to them by the COTP or his on-scene representative. Dated: May 3, 2018. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2018-10645 Filed 5-17-18; 8:45 am] BILLING CODE 9110-04-P
![23228 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
analyzed this rule under that Order and coordinate protest activities so that your from the COTP or a designated
have determined that it is consistent message can be received without representative. They may be contacted
with the fundamental federalism jeopardizing the safety or security of on VHF–FM Channel 16 or 67.
principles and preemption requirements people, places or vessels. (3) All persons and vessels permitted
described in Executive Order 13132. to enter this safety zone must transit at
Also, this rule does not have tribal List of Subjects in 33 CFR Part 165
the slowest safe speed and comply with
implications under Executive Order Marine safety, Navigation (water), all lawful directions issued by the COTP
13175, Consultation and Coordination Reporting and recordkeeping or the designated representative.
with Indian Tribal Governments, requirements, Security measures, (e) Informational broadcasts. The
because it does not have a substantial Waterways. COTP or a designated representative
direct effect on one or more Indian For the reasons discussed in the will inform the public of the effective
tribes, on the relationship between the preamble, the Coast Guard amends 33 period for the safety zone as well as any
Federal Government and Indian tribes, CFR part 165 as follows: changes in the dates and times of
or on the distribution of power and enforcement through LNMs, BNMs, or
responsibilities between the Federal PART 165—REGULATED NAVIGATION MSIBs as appropriate.
Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS
Dated: May 11, 2018
believe this rule has implications for
■ 1. The authority citation for part 165 L. McClain, Jr.,
federalism or Indian tribes, please
contact the person listed in the FOR continues to read as follows: Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
FURTHER INFORMATION CONTACT section 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; [FR Doc. 2018–10625 Filed 5–17–18; 8:45 am]
above.
Department of Homeland Security Delegation BILLING CODE 9110–04–P
E. Unfunded Mandates Reform Act No. 0170.1.
The Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0441 to read as
of 1995 (2 U.S.C. 1531–1538) requires follows: DEPARTMENT OF HOMELAND
Federal agencies to assess the effects of SECURITY
their discretionary regulatory actions. In § 165.T08–0441 Safety Zone; Ohio River
particular, the Act addresses actions mile marker 27.8 to mile marker 28.2, Coast Guard
Vanport, PA.
that may result in the expenditure by a
State, local, or tribal government, in the (a) Location. The following area is a 33 CFR Part 165
aggregate, or by the private sector of safety zone: All navigable waters of the [Docket No. USCG–2018–0368]
$100,000,000 (adjusted for inflation) or Ohio River from mile marker (MM) 27.8
to MM 28.2. RIN 1625–AA00
more in any one year. Though this rule
will not result in such an expenditure, (b) Effective period. This section is
effective from 8 a.m. on May 12, 2018 Safety Zone; Tuskegee Airmen River
we do discuss the effects of this rule Days Air Show, Detroit River, Detroit,
elsewhere in this preamble. through 6 p.m. on May 27, 2018.
(c) Enforcement period. Subject to MI
F. Environment cargo delivery intervals and potential AGENCY: Coast Guard, DHS.
We have analyzed this rule under inclement weather, this section will be ACTION: Temporary final rule.
Department of Homeland Security enforced on two separate occasions
Directive 023–01 and Commandant during the effective period. Each will be SUMMARY: The Coast Guard is
Instruction M16475.1D, which guide the 30 minutes prior to, during, and 1 hour establishing a temporary safety zone for
Coast Guard in complying with the after any cargo movement in the vicinity navigable waters in the vicinity of
National Environmental Policy Act of of the Vanport Highway Bridge. The Detroit, MI. This zone is necessary to
1969 (42 U.S.C. 4321–4370f), and have Captain of the Port Marine Safety Unit protect spectators and vessels from
determined that this action is one of a Pittsburgh (COTP) or a designated potential hazards associated with the
category of actions that do not representative will inform the public of Tuskegee Airmen River Days Airshow.
individually or cumulatively have a the enforcement period through DATES: This temporary final rule is
significant effect on the human Broadcast Notice to Mariners (BNM), effective from 12:30 p.m. on June 22,
environment. This rule involves a safety Local Notices to Mariners (LNM), and/ 2018 until 8 p.m. on June 25, 2018.
zone that prohibits entry on a half-mile or Marine Safety Information Broadcasts ADDRESSES: To view documents
stretch of the Ohio River for 4 hours (MSIBs) or through other means of mentioned in this preamble as being
between May 12, 2018 and May 27, public notice at least 3 hours in advance available in the docket, go to http://
2018. It is categorically excluded from of the enforcement period. A safety www.regulations.gov, type USCG–2018–
further review under paragraph L60(d) vessel will coordinate all vessel traffic 0368 in the ‘‘SEARCH’’ box and click
of Appendix A, Table 1 of DHS during the enforcement of these safety ‘‘SEARCH.’’ Click on Open Docket
Instruction Manual 023–01–001–01, zones. Folder on the line associated with this
Rev. 01. A Record of Environmental (d) Regulations. (1) In accordance rule.
Consideration supporting this with the general regulations in § 165.23
FOR FURTHER INFORMATION CONTACT: If
determination will be made available in of this part, entry into the zone is
you have questions on this temporary
the docket where indicated under prohibited unless authorized by the
rule, call or email Tracy Girard,
ADDRESSES. COTP or designated representative. A
Prevention Department, Sector Detroit,
sradovich on DSK3GMQ082PROD with RULES
designated representative is a
G. Protest Activities Coast Guard; telephone 313–568–9564,
commissioned, warrant, or petty officer
or email Tracy.M.Girard@uscg.mil.
The Coast Guard respects the First of the U.S. Coast Guard assigned to
Amendment rights of protesters. units under the operational control of SUPPLEMENTARY INFORMATION:
Protesters are asked to contact the USCG Marine Safety Unit Pittsburgh. I. Table of Abbreviations
person listed in the FOR FURTHER (2) Vessels requiring entry into the
INFORMATION CONTACT section to safety zone must request permission CFR Code of Federal Regulations
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![23230 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation DEPARTMENT OF HOMELAND
above. No. 0170.1. SECURITY
E. Unfunded Mandates Reform Act ■ 2. Add § 165.T09–0368 to read as
Coast Guard
The Unfunded Mandates Reform Act follows:
of 1995 (2 U.S.C. 1531–1538) requires § 165.T09–0368 Safety Zone; Tuskegee 33 CFR Part 165
Federal agencies to assess the effects of Airmen River Days Air Show, Detroit River, [Docket No. USCG–2018–0248]
their discretionary regulatory actions. In Detroit, MI.
particular, the Act addresses actions RIN 1625–AA00
that may result in the expenditure by a (a) Location. A safety zone is
State, local, or tribal government, in the established to include all U.S. navigable Safety Zone; Algonac Fireworks, St.
aggregate, or by the private sector of waters of the Detroit River between the Clair River, Algonac, MI
$100,000,000 (adjusted for inflation) or following two lines extending 70 feet off
the bank to the US/Canadian AGENCY: Coast Guard, DHS.
more in any one year. Though this rule
will not result in such an expenditure, demarcation line: the first line is drawn ACTION: Temporary final rule.
we do discuss the effects of this rule directly across the channel at position SUMMARY: The Coast Guard is
elsewhere in this preamble. 42°19.444′ N, 083°03.114′ W (NAD 83); establishing a temporary safety zone for
the second line, to the north, is drawn navigable waters within a 700-foot
F. Environment
directly across the channel, at position radius of a portion of the St. Clair River,
We have analyzed this rule under 42°19.860′ N 083°01.683′ W (NAD 83).
Department of Homeland Security Algonac, MI. This zone is necessary to
Directive 023–01 and Commandant (b) Enforcement period. The regulated protect spectators and vessels from
Instruction M16475.1D, which guide the area described in paragraph (a) of this potential hazards associated with the
Coast Guard in complying with the section will be enforced from 12:30 p.m. Algonac Fireworks.
National Environmental Policy Act of through 4 p.m. on June 22, 2018; 3 p.m. DATES: This temporary final rule is
1969 (42 U.S.C. 4321–4370f), and have through 5:30 p.m. on June 23, 2018 and effective from 10 p.m. on June 29, 2018
determined that this action is one of a June 24, 2018; and 4 p.m. until 8 p.m. through 11:30 p.m. on June 30, 2018.
category of actions that do not on June 25, 2018. ADDRESSES: To view documents
individually or cumulatively have a (c) Regulations. (1) No vessel or mentioned in this preamble as being
significant effect on the human person may enter, transit through, or available in the docket, go to http://
environment. This rule involves a safety anchor within the safety zone unless www.regulations.gov, type USCG–2018–
zone lasting one hour that will prohibit authorized by the Captain of the Port 0248 in the ‘‘SEARCH’’ box and click
entry into a designated area. It is Detroit (COTP), or his on-scene ‘‘SEARCH.’’ Click on Open Docket
categorically excluded from further representative. Folder on the line associated with this
review under paragraph L60(a) of rule.
Appendix A, Table 1 of DHS Instruction (2) The safety zone is closed to all
FOR FURTHER INFORMATION CONTACT: If
Manual 023–01–001–01, Rev. 01. A vessel traffic, except as may be you have questions on this temporary
Record of Environmental Consideration permitted by the COTP or his on-scene rule, call or email Tracy Girard,
supporting this determination is representative. Prevention Department, Sector Detroit,
available in the docket where indicated (3) The ‘‘on-scene representative’’ of Coast Guard; telephone 313–568–9564,
under ADDRESSES. COTP is any Coast Guard or email Tracy.M.Girard@uscg.mil.
G. Protest Activities commissioned, warrant or petty officer SUPPLEMENTARY INFORMATION:
or a Federal, State, or local law
The Coast Guard respects the First I. Table of Abbreviations
enforcement officer designated by or
Amendment rights of protesters.
assisting the Captain of the Port Detroit CFR Code of Federal Regulations
Protesters are asked to contact the COTP Captain of the Port Detroit
person listed in the FOR FURTHER to act on his behalf.
DHS Department of Homeland Security
INFORMATION CONTACT section to (4) Vessel operators shall contact the FR Federal Register
coordinate protest activities so that your COTP or his on-scene representative to NPRM Notice of Proposed Rulemaking
message can be received without obtain permission to enter or operate § Section
jeopardizing the safety or security of within the safety zone. The COTP or his U.S.C. United States Code
people, places or vessels. on-scene representative may be II. Background Information and
List of Subjects in 33 CFR Part 165 contacted via VHF Channel 16 or at Regulatory History
313–568–9464. Vessel operators given
Harbors, Marine safety, Navigation permission to enter or operate in the The Coast Guard is issuing this
(water), Reporting and recordkeeping temporary rule without prior notice and
regulated area must comply with all
requirements, Security measures, opportunity to comment pursuant to
directions given to them by the COTP or
Waterways. authority under section 4(a) of the
his on-scene representative.
For the reasons discussed in the Administrative Procedure Act (APA)
preamble, the Coast Guard amends 33 Dated: May 3, 2018. (5 U.S.C. 553(b)). This provision
CFR part 165 as follows: Jeffrey W. Novak, authorizes an agency to issue a rule
Captain, U.S. Coast Guard, Captain of the without prior notice and opportunity to
sradovich on DSK3GMQ082PROD with RULES
PART 165—REGULATED NAVIGATION Port Detroit. comment when the agency for good
AREAS AND LIMITED ACCESS AREAS [FR Doc. 2018–10645 Filed 5–17–18; 8:45 am] cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
BILLING CODE 9110–04–P
■ 1. The authority citation for part 165 to the public interest.’’ Under 5 U.S.C.
continues to read as follows: 553(b) (B), the Coast Guard finds that
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; good cause exists for not publishing a
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; notice of proposed rulemaking (NPRM)
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Document Created: 2018-05-18 02:16:01
Document Modified: 2018-05-18 02:16:01
| 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 temporary final rule is effective from 12:30 p.m. on June 22, 2018 until 8 p.m. on June 25, 2018. | |
| Contact | If you have questions on this temporary rule, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9564, or email [email protected] | |
| FR Citation | 83 FR 23228 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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