83 FR 38099 - Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-Superior Harbor, MN
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 150 (August 3, 2018)
Coast Guard
Federal Register Volume 83, Issue 150 (August 3, 2018)
| Page Range | 38099-38101 | |
| FR Document | 2018-16669 |
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)] [Proposed Rules] [Pages 38099-38101] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16669] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0181] RIN 1625-AA09 Drawbridge Operation Regulation; Duluth Ship Canal, Duluth- Superior Harbor, MN AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to modify the operating schedule that [[Page 38100]] governs the Duluth Aerial Lift Bridge for vessels under 300 gross tons. The City of Duluth has requested that the current summer bridge schedule (Memorial Day to Labor Day) be extended to include the spring and fall. DATES: Comments and related material must reach the Coast Guard on or before September 4, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0181 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216-902-6085, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register IGLD85 International Great Lakes Datum of 1985 LWD Low Water Datum based on IGLD85 OMB Office of Management and Budget NPRM Notice of proposed rulemaking (Advance, Supplemental) Sec. Section U.S.C. United States Code II. Background, Purpose and Legal Basis The Duluth Aerial Bridge is located 0.25 miles from Duluth Harbor North Pier Light at the lakeward end of the Duluth Ship Canal. It is a vertical lift type bridge that provides 15 feet of vertical clearance in the down position and up to 141 feet in the open position. Currently the bridge opens on signal except that, from the Friday before Memorial Day through the Tuesday after Labor Day each year, between the hours of 7 a.m. and 9 p.m., seven days a week, the drawbridge opens on the hour and half-hour for vessels under 300 gross tons, if needed; and the bridge will open on signal for all vessels from 9 p.m. to 7 a.m., seven days a week, and at all times for Federal, state, and local government vessels, vessels in distress, commercial vessels engaged in rescue or emergency salvage operations, commercial-assist towing vessels engaged in towing or port operations, vessels engaged in pilot duties, vessels seeking shelter from severe weather, and all commercial vessels 300 gross tons or greater. From January 1 through March 15, the draw opens on signal if at least 12 hours notice is given. The opening signal is one prolonged blast, one short blast, one prolonged blast, one short blast. If the drawbridge is disabled, the bridge authorities shall give incoming and outgoing vessels timely and dependable notice, by tug service if necessary, so that the vessels do not attempt to enter the canal. Marine traffic on the waterway consists of large commercial vessels, smaller commercial vessels, and both power and sail recreational vessels. Duluth-Superior Harbor has two federal project channels available for mariners to enter the harbor: The Duluth Ship Canal and the Superior Channel. The Superior Channel is not crossed by any bridges. III. Discussion of Proposed Rule The City of Duluth operates the Duluth Aerial Lift Bridge across the Duluth Ship Canal and has reported increased traffic and community growth on Minnesota Point, which is only accessible by the Aerial Bridge, and has requested that the current scheduled summer openings be extended to include the spring and fall. The City of Duluth believes this will improve the flow of vehicular traffic over the bridge, relieve vehicular congestion near the bridge and on city streets on both sides of the bridge (Park Point and Canal Park), improve access and response times for emergency response entities, and enhance pedestrian safety in the vicinity of the bridge. The City of Duluth has informally queried local stake holders and has received several comments in favor of extending the summer bridge operating schedule to cover the spring and fall dates (March 16 to December 31). The regulation only affects recreational vessels and commercial vessels under 300 gross tons. The drawbridge will continue to open at all times for commercial vessels over 300 gross tons. The only change to the regulation will be to extend the dates of the scheduled bridge openings from the Friday before Memorial Day through the Tuesday after Labor Day to March 16 through December 31 each year. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on 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 NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 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 expected improvement to traffic and all modes of traffic using the drawbridge, and the proven improvement realized by the previous change to the bridge schedule implemented in the last rulemaking. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridges may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator because we coordinated with the marina operators and the local stakeholders and incorporated their concerns into the proposed regulation. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed rule. If the rule would affect your small business, organization, or governmental [[Page 38101]] jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). D. Federalism and Indian Tribal Government 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed 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 proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2- 1, paragraph (32)(e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to revise 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 0 2. Revise Sec. 117.661 to read as follows: Sec. 117.661 Duluth Ship Canal (Duluth-Superior Harbor). The draw of the Duluth Ship Canal Aerial bridge, mile 0.25 at Duluth, shall operate as follows: (a) From 16 March through 31 December, between the hours of 7 a.m. and 9 p.m., seven days a week, the drawbridge shall open on the hour and half-hour for vessels under 300 gross tons, if needed; and the bridge will open on signal for all vessels from 9 p.m. to 7 a.m., seven days a week, and at all times for Federal, state, and local government vessels, vessels in distress, commercial vessels engaged in rescue or emergency salvage operations, commercial-assist towing vessels engaged in towing or port operations, vessels engaged in pilot duties, vessels seeking shelter from severe weather, and all commercial vessels 300 gross tons or greater. (b) From January 1 through March 15, the draw shall open on signal if at least 12 hours notice is given. The opening signal is one prolonged blast, one short blast, one prolonged blast, one short blast. If the drawbridge is disabled, the bridge authorities shall give incoming and outgoing vessels timely and dependable notice, by tug service if necessary, so that the vessels do not attempt to enter the canal. Dated: July 27, 2018. J.M. Nunan, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2018-16669 Filed 8-2-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules 38099
environmental, and energy-related September 15, 2017. FAA Order Lists of Subjects in 14 CFR Part 71
aspects of the proposal. 7400.11B is publicly available as listed Airspace, Incorporation by reference,
Communications should identify both in the ADDRESSES section of this Navigation (air).
docket numbers (Docket No. FAA– document. FAA Order 7400.11B lists
2018–0468 and Airspace Docket No. 18– Class A, B, C, D, and E airspace areas, The Proposed Amendment
AEA–13) and be submitted in triplicate air traffic service routes, and reporting In consideration of the foregoing, the
to DOT Docket Operations (see points. Federal Aviation Administration
ADDRESSES section for the address and proposes to amend 14 CFR part 71 as
phone number.) You may also submit The Proposal
follows:
comments through the internet at http:// The FAA proposes an amendment to
www.regulations.gov. Title 14, Code of Federal Regulations PART 71—DESIGNATION OF CLASS A,
Persons wishing the FAA to (14 CFR) part 71 to modify Class E B, C, D, AND E AIRSPACE AREAS; AIR
acknowledge receipt of their comments airspace extending upward from 700 TRAFFIC SERVICE ROUTES; AND
on this action must submit with those feet or more above the surface within a REPORTING POINTS
comments a self-addressed stamped 6.6-mile radius (increased from a 6.4-
postcard on which the following mile radius) of Cambridge-Dorchester ■ 1. The authority citation for part 71
statement is made: ‘‘Comments to FAA Regional Airport, Cambridge, MD, due continues to read as follows:
Docket No. FAA–2018–0468; Airspace to the decommissioning of the Authority: 49 U.S.C. 106(f), 106(g); 40103,
Docket No. 18–AEA–13.’’ The postcard Cambridge NDB, and cancellation of the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
will be date/time stamped and returned NDB approach. The airspace redesign 1959–1963 Comp., p. 389.
to the commenter. would enhance the safety and
All communications received before management of IFR operations at the § 71.1 [Amended]
the specified closing date for comments airport. The geographic coordinates of ■ 2. The incorporation by reference in
will be considered before taking action the airport also would be adjusted to 14 CFR 71.1 of Federal Aviation
on the proposed rule. The proposal coincide with the FAA’s aeronautical Administration Order 7400.11B,
contained in this document may be database, and the airport name would be Airspace Designations and Reporting
changed in light of the comments updated to Cambridge-Dorchester Points, dated August 3, 2017, and
received. All comments submitted will Regional Airport, (formerly Cambridge- effective September 15, 2017, is
be available for examination in the Dorchester Airport). amended as follows:
public docket both before and after the Class E airspace designations are Paragraph 6005 Class E Airspace Areas
comment closing date. A report published in Paragraph 6005 of FAA Extending Upward From 700 Feet or More
summarizing each substantive public Order 7400.11B, dated August 3, 2017, Above the Surface of the Earth.
contact with FAA personnel concerned and effective September 15, 2017, which * * * * *
with this rulemaking will be filed in the is incorporated by reference in 14 CFR
ANE ME E5 Cambridge, MD [Amended]
docket. 71.1. The Class E airspace designation
listed in this document will be Cambridge-Dorchester Regional Airport, MD
Availability of NPRMs published subsequently in the Order. (Lat. 38°32′22″ N, long. 76°01′49″ W)
An electronic copy of this document That airspace extending upward from 700
may be downloaded through the Regulatory Notices and Analyses feet above the surface within a 6.6- mile
internet at http://www.regulations.gov. The FAA has determined that this radius of Cambridge-Dorchester Regional
proposed regulation only involves an Airport.
Recently published rulemaking
documents can also be accessed through established body of technical Issued in College Park, Georgia, on July 26,
the FAA’s web page at http:// regulations for which frequent and 2018.
www.faa.gov/air_traffic/publications/ routine amendments are necessary to Shawn Reddinger,
airspace_amendments/. keep them operationally current. It, Acting Manager, Operations Support Group,
You may review the public docket therefore: (1) Is not a ‘‘significant Eastern Service Center, Air Traffic
containing the proposal, any comments regulatory action’’ under Executive Organization.
received and any final disposition in Order 12866; (2) is not a ‘‘significant [FR Doc. 2018–16606 Filed 8–2–18; 8:45 am]
person in the Dockets Office (see the rule’’ under DOT Regulatory Policies BILLING CODE 4910–13–P
ADDRESSES section for address and and Procedures (44 FR 11034; February
phone number) between 9:00 a.m. and 26, 1979); and (3) does not warrant
5:00 p.m., Monday through Friday, preparation of a Regulatory Evaluation DEPARTMENT OF HOMELAND
except federal holidays. An informal as the anticipated impact is so minimal. SECURITY
docket may also be examined between Since this is a routine matter that will
8:00 a.m. and 4:30 p.m., Monday only affect air traffic procedures and air Coast Guard
through Friday, except federal holidays navigation, it is certified that this
at the office of the Eastern Service proposed rule, when promulgated, will 33 CFR Part 117
Center, Federal Aviation not have a significant economic impact [Docket No. USCG–2018–0181]
Administration, Room 350, 1701 on a substantial number of small entities
Columbia Avenue, College Park, GA under the criteria of the Regulatory RIN 1625–AA09
30337. Flexibility Act.
amozie on DSK3GDR082PROD with PROPOSALS1
Drawbridge Operation Regulation;
Availability and Summary of Environmental Review Duluth Ship Canal, Duluth-Superior
Documents for Incorporation by This proposal will be subject to an Harbor, MN
Reference environmental analysis in accordance AGENCY: Coast Guard, DHS.
This document proposes to amend with FAA Order 1050.1F, ACTION: Notice of proposed rulemaking.
FAA Order 7400.11B, Airspace ‘‘Environmental Impacts: Policies and
Designations and Reporting Points, Procedures’’ prior to any FAA final SUMMARY: The Coast Guard proposes to
dated August 3, 2017, and effective regulatory action. modify the operating schedule that
VerDate Sep<11>2014 18:01 Aug 02, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\03AUP1.SGM 03AUP1](https://thefederalregister.org/doc/83_FR_38249/page/1.svg)
![Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules 38101
jurisdiction and you have questions Security Management Directive 023–01 public comments, will be in our online
concerning its provisions or options for and Commandant Instruction docket at http://www.regulations.gov
compliance, please contact the person M16475.lD, which guides the Coast and can be viewed by following that
listed in the FOR FURTHER INFORMATION Guard in complying with the National website’s instructions. Additionally, if
CONTACT, above. The Coast Guard will Environmental Policy Act of 1969 you go to the online docket and sign up
not retaliate against small entities that (NEPA)(42 U.S.C. 4321–4370f), and for email alerts, you will be notified
question or complain about this have made a preliminary determination when comments are posted or a final
proposed rule or any policy or action of that this action is one of a category of rule is published.
the Coast Guard. actions which do not individually or
cumulatively have a significant effect on List of Subjects in 33 CFR Part 117
C. Collection of Information the human environment. This proposed Bridges.
This proposed rule would call for no rule simply promulgates the operating
new collection of information under the regulations or procedures for For the reasons discussed in the
Paperwork Reduction Act of 1995 (44 drawbridges. Normally such actions are preamble, the Coast Guard proposes to
U.S.C. 3501–3520.). categorically excluded from further revise 33 CFR part 117 as follows:
review, under figure 2–1, paragraph
D. Federalism and Indian Tribal PART 117—DRAWBRIDGE
(32)(e), of the Instruction.
Government OPERATION REGULATIONS
A preliminary Record of
A rule has implications for federalism Environmental Consideration and a
under Executive Order 13132, Memorandum for the Record are not ■ 1. The authority citation for part 117
Federalism, if it has a substantial direct required for this proposed rule. We seek continues to read as follows:
effect on the States, on the relationship any comments or information that may Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
between the national government and lead to the discovery of a significant Department of Homeland Security Delegation
the States, or on the distribution of environmental impact from this No. 0170.1.
power and responsibilities among the proposed rule. ■ 2. Revise § 117.661 to read as follows:
various levels of government. We have
G. Protest Activities
analyzed this proposed rule under that § 117.661 Duluth Ship Canal (Duluth-
Order and have determined that it is The Coast Guard respects the First Superior Harbor).
consistent with the fundamental Amendment rights of protesters.
Protesters are asked to contact the The draw of the Duluth Ship Canal
federalism principles and preemption
person listed in the FOR FURTHER Aerial bridge, mile 0.25 at Duluth, shall
requirements described in Executive
operate as follows:
Order 13132. INFORMATION CONTACT section to
Also, this proposed rule does not have coordinate protest activities so that your (a) From 16 March through 31
tribal implications under Executive message can be received without December, between the hours of 7 a.m.
Order 13175, Consultation and jeopardizing the safety or security of and 9 p.m., seven days a week, the
Coordination with Indian Tribal people, places or vessels. drawbridge shall open on the hour and
Governments, because it would not have half-hour for vessels under 300 gross
V. Public Participation and Request for tons, if needed; and the bridge will open
a substantial direct effect on one or Comments
more Indian tribes, on the relationship on signal for all vessels from 9 p.m. to
between the Federal Government and We view public participation as 7 a.m., seven days a week, and at all
Indian tribes, or on the distribution of essential to effective rulemaking, and times for Federal, state, and local
power and responsibilities between the will consider all comments and material government vessels, vessels in distress,
Federal Government and Indian tribes. received during the comment period. commercial vessels engaged in rescue or
If you believe this proposed rule has Your comment can help shape the emergency salvage operations,
implications for federalism or Indian outcome of this rulemaking. If you commercial-assist towing vessels
tribes, please contact the person listed submit a comment, please include the engaged in towing or port operations,
in the FOR FURTHER INFORMATION docket number for this rulemaking, vessels engaged in pilot duties, vessels
CONTACT section above. indicate the specific section of this seeking shelter from severe weather, and
document to which each comment all commercial vessels 300 gross tons or
E. Unfunded Mandates Reform Act applies, and provide a reason for each greater.
The Unfunded Mandates Reform Act suggestion or recommendation. (b) From January 1 through March 15,
of 1995 (2 U.S.C. 1531–1538) requires We encourage you to submit the draw shall open on signal if at least
Federal agencies to assess the effects of comments through the Federal 12 hours notice is given. The opening
their discretionary regulatory actions. In eRulemaking Portal at http:// signal is one prolonged blast, one short
particular, the Act addresses actions www.regulations.gov. If your material blast, one prolonged blast, one short
that may result in the expenditure by a cannot be submitted using http:// blast. If the drawbridge is disabled, the
State, local, or tribal government, in the www.regulations.gov, contact the person bridge authorities shall give incoming
aggregate, or by the private sector of in the FOR FURTHER INFORMATION and outgoing vessels timely and
$100,000,000 (adjusted for inflation) or CONTACT section of this document for dependable notice, by tug service if
more in any one year. Though this alternate instructions. necessary, so that the vessels do not
amozie on DSK3GDR082PROD with PROPOSALS1
proposed rule will not result in such an We accept anonymous comments. All attempt to enter the canal.
expenditure, we do discuss the effects of comments received will be posted
without change to http:// Dated: July 27, 2018.
this proposed rule elsewhere in this
preamble. www.regulations.gov and will include J.M. Nunan,
any personal information you have Rear Admiral, U.S. Coast Guard, Commander,
F. Environment provided. Ninth Coast Guard District.
We have analyzed this proposed rule Documents mentioned in this NPRM [FR Doc. 2018–16669 Filed 8–2–18; 8:45 am]
under Department of Homeland as being available in this docket and all BILLING CODE 9110–04–P
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Document Created: 2018-11-06 10:34:39
Document Modified: 2018-11-06 10:34:39
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before September 4, 2018. | |
| Contact | If you have questions on this proposed rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216-902-6085, email [email protected] | |
| FR Citation | 83 FR 38099 | |
| RIN Number | 1625-AA09 |
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