83_FR_47774 83 FR 47591 - Hours of Service of Drivers

83 FR 47591 - Hours of Service of Drivers

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47591-47592
FR Document2018-20430

The Federal Motor Carrier Safety Administration (FMCSA) extends the comment period for its August 23, 2018, ANPRM concerning hours of service for drivers of property-carrying commercial motor vehicles (CMVs). FMCSA received requests for an extension to the comment period from a number of organizations, including the American Trucking Association, the Commercial Vehicle Safety Alliance, the International Brotherhood of Teamsters, the National Pork Producers Council, and the National Tank Truck Carriers, Inc. The Agency believes it is appropriate to extend the comment period to provide interested parties additional time to submit their responses to the ANPRM. Therefore, the Agency extends the deadline for the submission of comments from September 24, 2018, to October 10, 2018.

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Proposed Rules]
[Pages 47591-47592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20430]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2018-0248]
RIN 2126-AC19


Hours of Service of Drivers

ACTION: Advance notice of proposed rulemaking (ANPRM); Extension of 
comment period.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
extends the comment period for its August 23, 2018, ANPRM concerning 
hours of service for drivers of property-carrying commercial motor 
vehicles (CMVs). FMCSA received requests for an extension to the 
comment period from a number of organizations, including the American 
Trucking Association, the Commercial Vehicle Safety Alliance, the 
International Brotherhood of Teamsters, the National Pork Producers 
Council, and the National Tank Truck Carriers, Inc. The Agency believes 
it is appropriate to extend the comment period to provide interested 
parties additional time to submit their responses to the ANPRM. 
Therefore, the Agency extends the deadline for the submission of 
comments from September 24, 2018, to October 10, 2018.

DATES: The comment period for the ANPRM published August 23, 2018 at 83 
FR 42631 is extended. Comments on the ANPRM must be received on or 
before October 10, 2018.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2018-0248 using any one of the following methods:
    Federal Rulemaking Portal: www.regulations.gov. Follow the online 
instructions for submitting comments.
    Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    Fax: 202-493-2251.
    Hand Delivery or Courier: Docket Management Facility, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building 
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Submissions Containing Confidential Business Information (CBI): Mr. 
Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 New Jersey 
Ave. SE, Washington, DC 20590.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' heading under 
the SUPPLEMENTARY INFORMATION section below for instructions regarding 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Yager, Chief, Driver and 
Carrier Operations Division, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE, Washington, DC 20590, at (202) 366-4325, or via email: 
[email protected].
    If you have questions on viewing or submitting material to the 
docket, contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0284), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so the Agency can contact you if it has questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov and 
enter either docket number, ``FMCSA-2018-0284'' in the ``Keyword'' box, 
and click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. Late comments will be considered to the extent practicable.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is customarily not made available to the general 
public by the submitted. Under the Freedom of Information Act, CBI is 
eligible for protection from public disclosure. If you have CVI that is 
relevant or responsive to this notice, it is important that you clearly 
designate the submitted comments as CBI. Accordingly, please mark each 
page of your submission as ``confidential'' or ``CBI.'' Submissions 
designated as CBI and meeting the definition noted above will not be 
placed in the public docket. Submissions containing CBI should be sent 
to Brian Dahlin, Chief, Regulatory Evaluation Division, 1200 New Jersey 
Ave. SE, Washington, DC 20590. Any commentary that FMCSA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Viewing Comments and Documents

    To view comments, as well as documents available in the docket, go 
to http://www.regulations.gov and insert the docket number, ``FMCSA-
2018-0248'' in the ``Keyword'' box and click ``Search.'' Next, click 
``Open Docket Folder'' button and choose the document listed to review. 
If you do not have access to the internet, you may view the docket 
online by visiting the Docket Management Facility in Room W12-140 on 
the ground floor of the DOT West Building, 1200 New Jersey

[[Page 47592]]

Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays.

Privacy Act

    Under 5 U.S.C. 553(c), DOT solicits comments from the public to 
better inform its potential rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    The August 23, 2018 ANPRM (83 FR 42631) asked for public comment on 
four subject areas: Short haul operations, adverse conditions, the 30-
minute break, and the split-sleeper berth provision. The ANPRM also 
sought public comment on two petitions for rulemaking from the Owner-
Operator Independent Drivers Association (OOIDA) and TruckerNation.
    FMCSA held a public listening session on August 24, 2018, at the 
Great American Truck Show, in Dallas, Texas (83 FR 42630).

Extension of the Public Comment Period

    The comment period for the ANPRM was set to expire on September 24, 
2018 (83 FR 42631). FMCSA received several requests to extend the 
comment period, as noted above. Copies of the requests are included in 
the docket referenced at the beginning of this notice.
    The organizations requested various lengths of time for the 
extension ranging from 30 to 60 days, stating that the additional time 
was needed to enable them to prepare more comprehensive responses based 
on research and information that has only recently been released or is 
expected to be released at upcoming industry meetings.
    FMCSA has determined that extending the comment period would 
provide the organizations additional time to prepare more detailed 
comments that are reflective of the concerns of their members. 
Accordingly, FMCSA extends the comment period for all comments on the 
ANPRM to October 10, 2018.

    Issued under the authority of delegations in 49 CFR 1.87: 
September 14, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-20430 Filed 9-19-18; 8:45 am]
BILLING CODE 4910-EX-P



                                                                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules                                         47591

                                                 session will be webcast in its entirety,                ADDRESSES:   You may submit comments                  contact you if it has questions regarding
                                                 providing the opportunity for remote                    identified by Docket Number FMCSA–                    your submission.
                                                 participation via the internet. For                     2018–0248 using any one of the                           To submit your comment online, go to
                                                 information on participating in the live                following methods:                                    http://www.regulations.gov and enter
                                                 webcast, please go to                                      Federal Rulemaking Portal:                         either docket number, ‘‘FMCSA–2018–
                                                 www.fmcsa.dot.gov.                                      www.regulations.gov. Follow the online                0284’’ in the ‘‘Keyword’’ box, and click
                                                                                                         instructions for submitting comments.                 ‘‘Search.’’ When the new screen
                                                 IV. Questions for Discussion During the                                                                       appears, click on ‘‘Comment Now!’’
                                                                                                            Mail: Docket Management Facility,
                                                 Listening Session                                                                                             button and type your comment into the
                                                                                                         U.S. Department of Transportation, 1200
                                                   In preparing their comments, meeting                  New Jersey Avenue SE, West Building                   text box in the following screen. Choose
                                                 participants should consider the                        Ground Floor, Room W12–140,                           whether you are submitting your
                                                 questions posed in the ANPRM about                      Washington, DC 20590–0001.                            comment as an individual or on behalf
                                                 the current HOS requirements. Answers                      Fax: 202–493–2251.                                 of a third party and then submit. If you
                                                 to these questions should be based upon                    Hand Delivery or Courier: Docket                   submit your comments by mail or hand
                                                 the experience of the participants and                  Management Facility, U.S. Department                  delivery, submit them in an unbound
                                                 any data or information they can share                  of Transportation, 1200 New Jersey                    format, no larger than 81⁄2 by 11 inches,
                                                 with FMCSA.                                             Avenue SE, West Building Ground                       suitable for copying and electronic
                                                   Issued on: September 14, 2018.                        Floor, Room W12–140, Washington, DC                   filing. If you submit comments by mail
                                                                                                         20590–0001, between 9 a.m. and 5 p.m.,                and would like to know that they
                                                 Cathy F. Gautreaux,
                                                                                                         Monday through Friday, except Federal                 reached the facility, please enclose a
                                                 Deputy Administrator.                                                                                         stamped, self-addressed postcard or
                                                                                                         holidays.
                                                 [FR Doc. 2018–20427 Filed 9–19–18; 8:45 am]                                                                   envelope.
                                                                                                            Submissions Containing Confidential
                                                 BILLING CODE 4910–EX–P
                                                                                                         Business Information (CBI): Mr. Brian                    FMCSA will consider all comments
                                                                                                         Dahlin, Chief, Regulatory Evaluation                  and material received during the
                                                                                                         Division, 1200 New Jersey Ave. SE,                    comment period and may change this
                                                 DEPARTMENT OF TRANSPORTATION                                                                                  proposed rule based on your comments.
                                                                                                         Washington, DC 20590.
                                                                                                            To avoid duplication, please use only              Late comments will be considered to the
                                                 Federal Motor Carrier Safety                                                                                  extent practicable.
                                                 Administration                                          one of these four methods. See the
                                                                                                         ‘‘Public Participation and Request for                Confidential Business Information
                                                 49 CFR Part 395                                         Comments’’ heading under the                             Confidential Business Information
                                                                                                         SUPPLEMENTARY INFORMATION section
                                                                                                                                                               (CBI) is commercial or financial
                                                 [Docket No. FMCSA–2018–0248]                            below for instructions regarding                      information that is customarily not
                                                                                                         submitting comments.                                  made available to the general public by
                                                 RIN 2126–AC19
                                                                                                         FOR FURTHER INFORMATION CONTACT: Mr.                  the submitted. Under the Freedom of
                                                 Hours of Service of Drivers                             Tom Yager, Chief, Driver and Carrier                  Information Act, CBI is eligible for
                                                                                                         Operations Division, Federal Motor                    protection from public disclosure. If you
                                                 ACTION:Advance notice of proposed                       Carrier Safety Administration, U.S.                   have CVI that is relevant or responsive
                                                 rulemaking (ANPRM); Extension of                        Department of Transportation, 1200                    to this notice, it is important that you
                                                 comment period.                                         New Jersey Avenue SE, Washington, DC                  clearly designate the submitted
                                                                                                         20590, at (202) 366–4325, or via email:               comments as CBI. Accordingly, please
                                                 SUMMARY:   The Federal Motor Carrier                    mcpsd@dot.gov.
                                                 Safety Administration (FMCSA) extends                                                                         mark each page of your submission as
                                                                                                            If you have questions on viewing or                ‘‘confidential’’ or ‘‘CBI.’’ Submissions
                                                 the comment period for its August 23,                   submitting material to the docket,
                                                 2018, ANPRM concerning hours of                                                                               designated as CBI and meeting the
                                                                                                         contact Docket Services, telephone (202)              definition noted above will not be
                                                 service for drivers of property-carrying                366–9826.
                                                 commercial motor vehicles (CMVs).                                                                             placed in the public docket.
                                                 FMCSA received requests for an                          SUPPLEMENTARY INFORMATION:                            Submissions containing CBI should be
                                                 extension to the comment period from                                                                          sent to Brian Dahlin, Chief, Regulatory
                                                                                                         Public Participation and Request for
                                                 a number of organizations, including the                                                                      Evaluation Division, 1200 New Jersey
                                                                                                         Comments
                                                 American Trucking Association, the                                                                            Ave. SE, Washington, DC 20590. Any
                                                                                                           FMCSA encourages you to participate                 commentary that FMCSA receives
                                                 Commercial Vehicle Safety Alliance, the
                                                                                                         by submitting comments and related                    which is not specifically designated as
                                                 International Brotherhood of Teamsters,
                                                                                                         materials.                                            CBI will be placed in the public docket
                                                 the National Pork Producers Council,
                                                 and the National Tank Truck Carriers,                   Submitting Comments                                   for this rulemaking.
                                                 Inc. The Agency believes it is                            If you submit a comment, please                     Viewing Comments and Documents
                                                 appropriate to extend the comment                       include the docket number for this                       To view comments, as well as
                                                 period to provide interested parties                    notice (FMCSA–2018–0284), indicate                    documents available in the docket, go to
                                                 additional time to submit their                         the specific section of this document to              http://www.regulations.gov and insert
                                                 responses to the ANPRM. Therefore, the                  which each comment applies, and                       the docket number, ‘‘FMCSA–2018–
                                                 Agency extends the deadline for the                     provide a reason for each suggestion or               0248’’ in the ‘‘Keyword’’ box and click
                                                 submission of comments from
tkelley on DSKBCP9HB2PROD with PROPOSALS2




                                                                                                         recommendation. You may submit your                   ‘‘Search.’’ Next, click ‘‘Open Docket
                                                 September 24, 2018, to October 10,                      comments and material online or by fax,               Folder’’ button and choose the
                                                 2018.                                                   mail, or hand delivery, but please use                document listed to review. If you do not
                                                 DATES: The comment period for the                       only one of these means. FMCSA                        have access to the internet, you may
                                                 ANPRM published August 23, 2018 at                      recommends that you include your                      view the docket online by visiting the
                                                 83 FR 42631 is extended. Comments on                    name and a mailing address, an email                  Docket Management Facility in Room
                                                 the ANPRM must be received on or                        address, or a phone number in the body                W12–140 on the ground floor of the
                                                 before October 10, 2018.                                of your document so the Agency can                    DOT West Building, 1200 New Jersey


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                                                 47592              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules

                                                 Avenue SE, Washington, DC 20590,                        DEPARTMENT OF COMMERCE                                   • Electronic Submissions: Submit all
                                                 between 9 a.m. and 5 p.m., ET, Monday                                                                         electronic public comments via the
                                                 through Friday, except Federal holidays.                National Oceanic and Atmospheric                      Federal eRulemaking Portal. Go to
                                                                                                         Administration                                        www.regulations.gov/
                                                 Privacy Act                                                                                                   #!docketDetail;D=NOAA-NMFS-2018-
                                                   Under 5 U.S.C. 553(c), DOT solicits                   50 CFR Parts 223 and 224                              0060. Click the ‘‘Comment Now’’ icon,
                                                 comments from the public to better                      [Docket No. 180503449–8782–01]                        complete the required fields, and enter
                                                 inform its potential rulemaking process.                                                                      or attach your comments.
                                                 DOT posts these comments, without
                                                                                                         RIN 0648–XG232                                           • Mail: Submit written comments to
                                                 edit, including any personal information                                                                      Lance Smith, NOAA IRC, NMFS/PIRO/
                                                                                                         Endangered and Threatened Wildlife;                   PRD, 1845 Wasp Blvd., Bldg. 176,
                                                 the commenter provides, to                              Positive 90-Day Finding on a Petition
                                                 www.regulations.gov, as described in                                                                          Honolulu, HI 96818.
                                                                                                         To List the Cauliflower Coral,                           Instructions: Comments sent by any
                                                 the system of records notice (DOT/ALL–                  Pocillopora Meandrina, in Hawaii as
                                                 14 FDMS), which can be reviewed at                                                                            other method, to any other address or
                                                                                                         Endangered or Threatened Under the                    individual, or received after the end of
                                                 www.dot.gov/privacy.                                    Endangered Species Act                                the comment period, may not be
                                                 Background                                              AGENCY:  National Marine Fisheries                    considered by NMFS. All comments
                                                                                                         Service (NMFS), National Oceanic and                  received are a part of the public record
                                                   The August 23, 2018 ANPRM (83 FR                      Atmospheric Administration (NOAA),                    and will generally be posted for public
                                                 42631) asked for public comment on                      Department of Commerce.                               viewing on www.regulations.gov
                                                 four subject areas: Short haul                                                                                without change. All personal identifying
                                                                                                         ACTION: 90-day petition finding, request
                                                 operations, adverse conditions, the 30-                                                                       information (e.g., name, address, etc.),
                                                                                                         for information, and initiation of status
                                                 minute break, and the split-sleeper berth                                                                     confidential business information, or
                                                                                                         review.
                                                 provision. The ANPRM also sought                                                                              otherwise sensitive information
                                                 public comment on two petitions for                     SUMMARY:     We, NMFS, announce a 90-                 submitted voluntarily by the sender will
                                                 rulemaking from the Owner-Operator                      day finding on a petition to list the                 be publicly accessible. NMFS will
                                                 Independent Drivers Association                         cauliflower coral (Pocillopora                        accept anonymous comments (enter
                                                 (OOIDA) and TruckerNation.                              meandrina) in Hawaii as an endangered                 ‘‘N/A’’ in the required fields if you wish
                                                   FMCSA held a public listening                         or threatened species under the                       to remain anonymous).
                                                 session on August 24, 2018, at the Great                Endangered Species Act (ESA). The                        Copies of the petition and related
                                                 American Truck Show, in Dallas, Texas                   petition requested that the Hawaii                    materials are available on our website at
                                                 (83 FR 42630).                                          population of P. meandrina be                         http://www.fisheries.noaa.gov/species/
                                                                                                         considered a significant portion of the               Pocillopora-meandrina.
                                                 Extension of the Public Comment                         range of the species, and that the species            FOR FURTHER INFORMATION CONTACT:
                                                 Period                                                  be listed because of its status in Hawaii.            Lance Smith, NMFS, Pacific Islands
                                                                                                         Our policy on the interpretation of the               Regional Office, Protected Resources
                                                    The comment period for the ANPRM
                                                                                                         phrase ‘‘Significant Portion of Its                   Division, (808) 725–5131; or Chelsey
                                                 was set to expire on September 24, 2018
                                                                                                         Range’’ (SPR) under the ESA states that,              Young, NMFS, Office of Protected
                                                 (83 FR 42631). FMCSA received several                   before undergoing an SPR analysis, we
                                                 requests to extend the comment period,                                                                        Resources, 301–427–8403.
                                                                                                         must first find that the species is neither
                                                 as noted above. Copies of the requests                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                         endangered nor threatened throughout
                                                 are included in the docket referenced at                all of its range. Therefore, we interpret             Background
                                                 the beginning of this notice.                           the petition as a request to consider the               On March 14, 2018, we received a
                                                    The organizations requested various                  status of P. meandrina throughout its                 petition from the Center for Biological
                                                 lengths of time for the extension ranging               range first. We find that the petition and            Diversity to list the cauliflower coral
                                                 from 30 to 60 days, stating that the                    other readily available information in                (Pocillopora meandrina) in Hawaii as an
                                                 additional time was needed to enable                    our files indicates that P. meandrina                 endangered or threatened species under
                                                 them to prepare more comprehensive                      may warrant listing as a threatened                   the ESA. The petition asserts that P.
                                                 responses based on research and                         species or an endangered species                      meandrina in Hawaii is threatened by at
                                                 information that has only recently been                 throughout its range. Thus, we will                   least four of the five ESA section 4(a)(1)
                                                 released or is expected to be released at               initiate a global status review of P.                 factors: (1) Pesent modification of its
                                                 upcoming industry meetings.                             meandrina to determine whether listing                habitat; (2) disease and predation; (3)
                                                    FMCSA has determined that                            it throughout its range is warranted. If              inadequacy of existing regulatory
                                                 extending the comment period would                      not, we will determine if Hawaii                      mechanisms: and (4) other natural or
                                                 provide the organizations additional                    constitutes an SPR, and proceed                       manmade factors, specifically ocean
                                                 time to prepare more detailed comments                  accordingly. To ensure that the status                warming and ocean acidification
                                                 that are reflective of the concerns of                  review is comprehensive, we are                       resulting from global climate change.
                                                 their members. Accordingly, FMCSA                       soliciting scientific and commercial                  Copies of the petition are available upon
                                                 extends the comment period for all                      information pertaining to P. meandrina                request (see ADDRESSES).
                                                 comments on the ANPRM to October 10,                    from any interested party.
                                                                                                                                                               ESA Statutory, Regulatory, and Policy
tkelley on DSKBCP9HB2PROD with PROPOSALS2




                                                 2018.                                                   DATES: Information and comments on
                                                                                                         the subject action must be received by                Provisions and Evaluation Framework
                                                   Issued under the authority of delegations
                                                                                                         November 19, 2018.                                      Section 4(b)(3)(A) of the ESA of 1973,
                                                 in 49 CFR 1.87: September 14, 2018.
                                                                                                         ADDRESSES: You may submit comments,                   as amended (16 U.S.C. 1531 et seq.),
                                                 Cathy F. Gautreaux,
                                                                                                         information, or data on this document,                requires, to the maximum extent
                                                 Deputy Administrator.                                   identified by the code NOAA–NMFS–                     practicable, that within 90 days of
                                                 [FR Doc. 2018–20430 Filed 9–19–18; 8:45 am]             2018–0060, by either of the following                 receipt of a petition to list a species as
                                                 BILLING CODE 4910–EX–P                                  methods:                                              threatened or endangered, the Secretary


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Document Created: 2018-09-20 02:09:12
Document Modified: 2018-09-20 02:09:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking (ANPRM); Extension of comment period.
DatesThe comment period for the ANPRM published August 23, 2018 at 83 FR 42631 is extended. Comments on the ANPRM must be received on or before October 10, 2018.
ContactMr. Tom Yager, Chief, Driver and Carrier Operations Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 366-4325, or via email: [email protected]
FR Citation83 FR 47591 
RIN Number2126-AC19

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