83 FR 33125 - Special Local Regulation; 2018 Detroit Hydrofest, Detroit River, Detroit, MI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 137 (July 17, 2018)
Coast Guard
Federal Register Volume 83, Issue 137 (July 17, 2018)
| Page Range | 33125-33127 | |
| FR Document | 2018-15159 |
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)] [Rules and Regulations] [Pages 33125-33127] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15159] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2018-0673] RIN 1625-AA08 Special Local Regulation; 2018 Detroit Hydrofest, Detroit River, Detroit, MI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a special local regulation for certain navigable waters of the Detroit River, Detroit, MI. This action is necessary and is intended to ensure safety of life on navigable waters immediately prior to, during, and immediately after the 2018 Detroit Hydrofest boat races. DATES: This temporary final rule is effective from 7 a.m. on August 24, 2018, through 7 p.m. on August 26, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0673 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 Tracy.M.Girard@uscg.mil. 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 COTP Captain of the Port 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 [[Page 33126]] 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 the boat races 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. 1233. The Captain of the Port Detroit (COTP) has determined that the likely combination of recreation vessels, commercial vessels, and an unknown number of spectators in close proximity to a high speed boat race along the water pose extra and unusual hazards to public safety and property. Therefore, the COTP is establishing a special local regulation around the event location to help minimize risks to safety of life and property during this event. IV. Discussion of the Rule This rule establishes a temporary special local regulation from 7 a.m. on August 24, 2018 until 7 p.m. August 26, 2018. The regulation will be enforced from 12 p.m. until 7 p.m. on August 24, 2018, and from 7 a.m. until 7 p.m. on August 25 and August 26, 2018. In light of the aforementioned hazards, the COTP has determined that a special local regulation is necessary to protect spectators, vessels, and participants. The special local regulation will encompass all U.S. waters of the Detroit River in Scott Middle Ground, north of Belle Isle, Michigan, starting at positions 42[deg]20.506' N 083[deg]00.016' W on the Douglas MacArthur Bridge; extending east to the Belle Isle Crib Light at 42[deg]21.205' N 082[deg]57.996' W (NAD 83). No vessel or person will be permitted to enter the special regulated area without obtaining permission from the COTP or a designated representative. The Captain of the Port Detroit or a designated on-scene representative may be contacted via VHF Channel 16 or via telephone at (313) 568-9560. The Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone and the rule allows vessels to seek permission to enter the zone. 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 special local regulation. Vessel traffic will be able to safely transit around this special local regulation zone which will impact a small designated area of the Detroit River from 7 a.m. on August 24, 2018 until 7 p.m. on August 26, 2018. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the special local regulation and the rule allows vessels to seek permission to enter the area. 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 special local regulation 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 FURTHER INFORMATION CONTACT section above. [[Page 33127]] 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 special local regulation lasting 3 days that will prohibit entry into a designated area. It is categorically excluded from further review under paragraph L[61] 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 100 Marine safety, Navigation (water), Reporting and record keeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 0 2. Add Sec. 100.T09-0673 to read as follows: Sec. 100.T09-0673 Special Local Regulation; 2018 Detroit Hydrofest, Detroit River, Detroit, MI. (a) Location. The special local regulation will encompass all U.S. waters of the Detroit River in Scott Middle Ground, north of Belle Isle, Michigan, starting at positions 42[deg]20.506' N 083[deg]00.016' W on the Douglas MacArthur Bridge; extending east to the Belle Isle Crib Light at 42[deg]21.205' N 082[deg]57.996' W (NAD 83). (b) Enforcement period. A temporary special local is in effect from 7 a.m. on August 24, 2018 until 7 p.m. August 26, 2018. The regulation will be enforced from 12 p.m. until 7 p.m. on August 24, 2018, and from 7 a.m. until 7 p.m. on August 25 and August 26, 2018. (c) Regulations. (1) No vessels or person may enter, transit through, or anchor within the regulated navigation area unless authorized by the Captain of the Port Detroit, or his on-scene representative. (2) The regulated area is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his on-scene representative. (3) The ``on-scene representative'' of the Captain of the Port Detroit 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 Captain of the Port Detroit or his on-scene representative to obtain permission to enter or operate within the regulated area. The Captain of the Port Detroit or his on- scene representative may be contacted via VHF Channel 16 or at (313) 568-9560. Vessel operators given permission to enter or operate in the regulated area must comply with all directions given to them by the Captain of the Port Detroit or his on-scene representative. Dated: July 10, 2018. Kevin D. Floyd, Commander, U.S. Coast Guard, Acting Captain of the Port Detroit. [FR Doc. 2018-15159 Filed 7-16-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 33125
D. Federalism and Indian Tribal determination is available in the docket DEPARTMENT OF HOMELAND
Governments where indicated under ADDRESSES. SECURITY
A rule has implications for federalism G. Protest Activities Coast Guard
under Executive Order 13132,
Federalism, if it has a substantial direct The Coast Guard respects the First
Amendment rights of protesters. 33 CFR Part 100
effect on the States, on the relationship
between the national government and Protesters are asked to contact the [Docket No. USCG–2018–0673]
the States, or on the distribution of person listed in the FOR FURTHER RIN 1625–AA08
power and responsibilities among the INFORMATION CONTACT section to
various levels of government. We have coordinate protest activities so that your Special Local Regulation; 2018 Detroit
analyzed this rule under that Order and message can be received without Hydrofest, Detroit River, Detroit, MI
have determined that it is consistent jeopardizing the safety or security of
with the fundamental federalism people, places or vessels. AGENCY: Coast Guard, DHS.
principles and preemption requirements ACTION: Temporary final rule.
described in Executive Order 13132. List of Subjects in 33 CFR Part 100
Also, this rule does not have tribal SUMMARY: The Coast Guard is
Marine safety, Navigation (water), establishing a special local regulation
implications under Executive Order Reporting and recordkeeping
13175, Consultation and Coordination for certain navigable waters of the
requirements, Waterways. Detroit River, Detroit, MI. This action is
with Indian Tribal Governments,
because it would not have a substantial For the reasons discussed in the necessary and is intended to ensure
direct effect on one or more Indian preamble, the Coast Guard amends 33 safety of life on navigable waters
tribes, on the relationship between the CFR part 100 as follows: immediately prior to, during, and
Federal Government and Indian tribes, immediately after the 2018 Detroit
or on the distribution of power and PART 100—SAFETY OF LIFE ON Hydrofest boat races.
responsibilities between the Federal NAVIGABLE WATERS DATES: This temporary final rule is
Government and Indian tribes. If you effective from 7 a.m. on August 24,
believe this rule has implications for ■ 1. The authority citation for part 100 2018, through 7 p.m. on August 26,
federalism or Indian tribes, please continues to read as follows: 2018.
contact the person listed in the FOR Authority: 33 U.S.C. 1233. ADDRESSES: To view documents
FURTHER INFORMATION CONTACT section. mentioned in this preamble as being
E. Unfunded Mandates Reform Act ■ 2. Add § 100.922 to read as follows: available in the docket, go to http://
www.regulations.gov, type USCG–2018–
The Unfunded Mandates Reform Act § 100.922 Special Local Regulations; 0673 in the ‘‘SEARCH’’ box and click
of 1995 (2 U.S.C. 1531–1538) requires Annual Les Cheneaux Islands Antique
Wooden Boat Show; Hessel, MI.
‘‘SEARCH.’’ Click on Open Docket
Federal agencies to assess the effects of Folder on the line associated with this
their discretionary regulatory actions. In (a) Regulated area. These Special rule.
particular, the Act addresses actions Local Regulations apply to all U.S. FOR FURTHER INFORMATION CONTACT: If
that may result in the expenditure by a navigable waters of Marquette Bay, you have questions on this temporary
State, local, or tribal government, in the Hessel, MI, within an area bordered by rule, call or email Tracy Girard,
aggregate, or by the private sector of a line from the crib piles charted in Prevention Department, Sector Detroit,
$100,000,000 (adjusted for inflation) or position 45°59′59″ N, 084°25′10″ W to Coast Guard; telephone (313) 568–9564,
more in any one year. Though this rule Red Buoy ‘‘8’’ charted in position or email Tracy.M.Girard@uscg.mil.
will not result in such an expenditure, 45°59′46″ N, 084°25′37″ W to Red Buoy
we do discuss the effects of this rule SUPPLEMENTARY INFORMATION:
‘‘6’’ charted in position 45°59′58″ N,
elsewhere in this preamble. 084°25′53″ W to Red Buoy ‘‘4’’ charted I. Table of Abbreviations
F. Environment in position 45°59′57″ N, 084°26′23″ W to CFR Code of Federal Regulations
Green Buoy ‘‘5’’ charted in position DHS Department of Homeland Security
We have analyzed this proposed rule 46°00′13″ N, 084°26′10″ W to land in FR Federal Register
under Department of Homeland position 46°00′18″ N, 084°26′04″ W. NPRM Notice of proposed rulemaking
Security Management Directive 023–01 § Section
and Commandant Instruction (b) Enforcement period. These special
COTP Captain of the Port
M16475.lD, which guide the Coast local regulations are effective for one U.S.C. United States Code
Guard in complying with the National day in mid-August. The Coast Guard
Environmental Policy Act of 1969 (42 will issue a notice of enforcement with II. Background Information and
U.S.C. 4321–4370f), and have made a the exact time and date this regulated Regulatory History
preliminary determination that this area will be enforced. The Coast Guard is issuing this
action is one of a category of actions that (c) Special local regulation. While in temporary rule without prior notice and
do not individually or cumulatively the regulated area all vessels will opportunity to comment pursuant to
have a significant effect on the human operate at a no wake speed and follow authority under section 4(a) of the
environment. This rule involves the directions of the on-scene patrol Administrative Procedure Act (APA) (5
creating a no wake zone for one day commander. U.S.C. 553(b)). This provision
each year in a small area. It is authorizes an agency to issue a rule
daltland on DSKBBV9HB2PROD with RULES
Dated: July 12, 2018.
categorically excluded from further without prior notice and opportunity to
review under paragraph L61 of M.R. Broz, comment when the agency for good
Appendix A, Table 1 of DHS Instruction Captain, U.S. Coast Guard, Captain of the cause finds that those procedures are
Manual 023–01–001–01, Rev. 01. A Port Sault Sainte Marie. ‘‘impracticable, unnecessary, or contrary
preliminary Record of Environmental [FR Doc. 2018–15248 Filed 7–16–18; 8:45 am] to the public interest.’’ Under 5 U.S.C.
Consideration supporting this BILLING CODE 9110–04–P 553(b)(B), the Coast Guard finds that
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E. Unfunded Mandates Reform Act § 100.T09–0673 Special Local Regulation; DEPARTMENT OF HOMELAND
2018 Detroit Hydrofest, Detroit River, SECURITY
The Unfunded Mandates Reform Act Detroit, MI.
of 1995 (2 U.S.C. 1531–1538) requires Coast Guard
Federal agencies to assess the effects of (a) Location. The special local
their discretionary regulatory actions. In regulation will encompass all U.S.
33 CFR Part 165
particular, the Act addresses actions waters of the Detroit River in Scott
that may result in the expenditure by a Middle Ground, north of Belle Isle, [Docket No. USCG–2018–0690]
State, local, or tribal government, in the Michigan, starting at positions RIN 1625–AA00
aggregate, or by the private sector of 42°20.506′ N 083°00.016′ W on the
$100,000,000 (adjusted for inflation) or Douglas MacArthur Bridge; extending Safety Zone; Yankee Air Museum’s
more in any one year. Though this rule east to the Belle Isle Crib Light at Fundraiser Air Demonstration, Lake St.
will not result in such an expenditure, 42°21.205′ N 082°57.996′ W (NAD 83). Clair, Grosse Pointe Farms, MI
we do discuss the effects of this rule (b) Enforcement period. A temporary AGENCY: Coast Guard, DHS.
elsewhere in this preamble. special local is in effect from 7 a.m. on ACTION: Temporary final rule.
F. Environment August 24, 2018 until 7 p.m. August 26,
2018. The regulation will be enforced SUMMARY: The Coast Guard is
We have analyzed this rule under from 12 p.m. until 7 p.m. on August 24, establishing a temporary safety zone for
Department of Homeland Security 2018, and from 7 a.m. until 7 p.m. on navigable waters in the vicinity of
Directive 023–01 and Commandant August 25 and August 26, 2018. Grosse Pointe Farms, MI. This zone is
Instruction M16475.1D, which guide the necessary to protect spectators and
Coast Guard in complying with the (c) Regulations. (1) No vessels or
vessels from potential hazards
National Environmental Policy Act of person may enter, transit through, or
associated with the Yankee Air
1969 (42 U.S.C. 4321–4370f), and have anchor within the regulated navigation
Museum’s Fundraiser Air
determined that this action is one of a area unless authorized by the Captain of Demonstration.
category of actions that do not the Port Detroit, or his on-scene
individually or cumulatively have a representative. DATES: This temporary final rule is
significant effect on the human effective from 8 p.m. until 8:30 p.m. July
(2) The regulated area is closed to all 18, 2018.
environment. This rule involves a vessel traffic, except as may be
special local regulation lasting 3 days ADDRESSES: To view documents
permitted by the Captain of the Port
that will prohibit entry into a designated mentioned in this preamble as being
Detroit or his on-scene representative.
area. It is categorically excluded from available in the docket, go to http://
further review under paragraph L[61] of (3) The ‘‘on-scene representative’’ of www.regulations.gov, type USCG–2018–
Appendix A, Table 1 of DHS Instruction the Captain of the Port Detroit is any 0690 in the ‘‘SEARCH’’ box and click
Manual 023–01–001–01, Rev. 01. A Coast Guard commissioned, warrant or ‘‘SEARCH.’’ Click on Open Docket
Record of Environmental Consideration petty officer or a Federal, State, or local Folder on the line associated with this
supporting this determination is law enforcement officer designated by rule.
available in the docket where indicated or assisting the Captain of the Port FOR FURTHER INFORMATION CONTACT: If
under ADDRESSES. Detroit to act on his behalf. you have questions on this temporary
G. Protest Activities (4) Vessel operators shall contact the rule, call or email Tracy Girard,
Captain of the Port Detroit or his on- Prevention Department, Sector Detroit,
The Coast Guard respects the First scene representative to obtain Coast Guard; telephone 313–568–9564,
Amendment rights of protesters. permission to enter or operate within or email Tracy.M.Girard@uscg.mil.
Protesters are asked to contact the the regulated area. The Captain of the SUPPLEMENTARY INFORMATION:
person listed in the FOR FURTHER Port Detroit or his on-scene
INFORMATION CONTACT section to
I. Table of Abbreviations
representative may be contacted via
coordinate protest activities so that your VHF Channel 16 or at (313) 568–9560. CFR Code of Federal Regulations
message can be received without COTP Captain of the Port Detroit
Vessel operators given permission to DHS Department of Homeland Security
jeopardizing the safety or security of
enter or operate in the regulated area FR Federal Register
people, places or vessels.
must comply with all directions given to NPRM Notice of proposed rulemaking
List of Subjects in 33 CFR Part 100 them by the Captain of the Port Detroit § Section
or his on-scene representative. U.S.C. United States Code
Marine safety, Navigation (water),
Reporting and record keeping Dated: July 10, 2018. II. Background Information and
requirements, Waterways. Kevin D. Floyd, Regulatory History
For the reasons discussed in the Commander, U.S. Coast Guard, Acting The Coast Guard is issuing this
preamble, the Coast Guard amends 33 Captain of the Port Detroit. temporary rule without prior notice and
CFR part 100 as follows: [FR Doc. 2018–15159 Filed 7–16–18; 8:45 am] opportunity to comment pursuant to
BILLING CODE 9110–04–P authority under section 4(a) of the
PART 100—SAFETY OF LIFE ON Administrative Procedure Act (APA) (5
NAVIGABLE WATERS U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
daltland on DSKBBV9HB2PROD with RULES
■ 1. The authority citation for part 100 without prior notice and opportunity to
continues to read as follows: comment when the agency for good
Authority: 33 U.S.C. 1233. cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
■ 2. Add § 100.T09–0673 to read as to the public interest.’’ Under 5 U.S.C.
follows: 553(b)(B), the Coast Guard finds that
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Document Created: 2018-07-17 01:39:06
Document Modified: 2018-07-17 01:39:06
| 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 7 a.m. on August 24, 2018, through 7 p.m. on August 26, 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 33125 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Record Keeping Requirements and Waterways |
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