83 FR 4934 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Consolidated Audit Trail Compliance Rules
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 23 (February 2, 2018)
Federal Register Volume 83, Issue 23 (February 2, 2018)
| Page Range | 4934-4936 | |
| FR Document | 2018-02128 |
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)] [Notices] [Pages 4934-4936] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02128] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82600; File No. SR-MRX-2018-03] Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Consolidated Audit Trail Compliance Rules January 30, 2018. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on January 24, 2018, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to a proposal to [sic] relocate the Consolidated Audit Trail Compliance rules (``CAT Rules''), currently under Chapter 9, Rules 900 through 912, to General 7, Sections 1 through 13 in the Exchange's rulebook's (``Rulebook'') shell structure.\3\ --------------------------------------------------------------------------- \3\ Recently, the Exchange added a shell structure to its Rulebook with the purpose of improving efficiency and readability and to align its rules closer to those of its five sister exchanges, The Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq PHLX LLC; Nasdaq ISE, LLC; and Nasdaq GEMX, LLC (``Affiliated Exchanges''). See Securities Exchange Act Release No. 82172 (November 29, 2017), 82 FR 57495 (December 5, 2017) (SR-MRX-2017-26). --------------------------------------------------------------------------- The text of the proposed rule change is available on the Exchange's website at http://nasdaqmrx.cchwallstreet.com/, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to relocate the CAT Rules, currently under Chapter 9, Rules 900 through 912, to General 7, Sections 1 through 13 of the Rulebook's shell structure. The Exchange adopted the CAT Rules to implement a consolidated audit trail in order to capture customer and order event information to comply with the provisions of the National Market System Plan Governing the Consolidated Audit Trail.\4\ Because the [[Page 4935]] CAT Rules apply across all markets and to all products,\5\ the Exchange believes it is pertinent that they be located in the General section of the Rulebook's shell; therefore, the Exchange will amend the shell structure, creating a new ``General 7 Consolidated Audit Trail Compliance'' title under ``General Rules,'' and make conforming changes to the ``Options Rules'' titles; moreover, this proposal is consistent with similar filings concurrently submitted by the Affiliated Exchanges. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 80256 (March 15, 2017), 82 FR 14526 (March 21, 2017) (SR-ISEMercury-2017-03) (Order Approving Proposed Rule Changes To Adopt Consolidated Audit Trail Compliance Rules). The Exchange notes that, at the time of the approval of the CAT Rules, the Exchange was known as ``ISE Mercury, LLC.'' To reflect the Exchange's placement within its parent company's corporate structure, Nasdaq, Inc., the Exchange name was changed to ``Nasdaq MRX, LLC.'' See Securities Exchange Act Release No. 80326 (March 29, 2017), 82 FR 16460 (April 4, 2017) (SR-ISEMercury-2017-05). \5\ Id. --------------------------------------------------------------------------- The relocation of the CAT Rules is part of the Exchange's continued effort to promote efficiency and conformity of its processes with those of its Affiliated Exchanges.\6\ The Exchange believes that the migration of the CAT Rules to their new location will facilitate the use of the Rulebook by Members \7\ of the Exchange who are members of other Affiliated Exchanges. Moreover, the proposed changes are of a non-substantive nature and will not amend the relocated rules other than to update their numbers, make cross-reference changes, and make changes to harmonize the proposed rule with the text of filings simultaneously submitted by the Affiliated Exchanges.\8\ --------------------------------------------------------------------------- \6\ See footnote 3. \7\ Exchange Rule 100(a)(28). \8\ Specifically, the Exchange will remove the word ``Rule'' from General 7's title which will now read ``Consolidated Audit Trail Compliance.'' Moreover, the Exchange will update the description provided under General 7, Section 12(a), ``General,'' to exactly match the contents of similar sections in the Nasdaq, BX, and Phlx rulebooks. This change will not alter Section 12(a) since (i) the description under this subsection is essentially the same to that of the aforementioned Affiliated Exchanges and (ii) the removal of the phrase ``upon approval by the Commission'' is unnecessary at this point since the CAT Rules are already effective. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\9\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\10\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest, by promoting efficiency and conformity of the Exchange's processes with those of the Affiliated Exchanges and to make the Exchange's Rulebook easier to read and more accessible to its Members. The Exchange believes that the relocation of the CAT Rules and cross- reference updates are of a non-substantive nature. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78f(b). \10\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The proposed changes do not impose a burden on competition because, as previously stated, they (i) are of a non-substantive nature, (ii) are intended to harmonize the Exchange's rules with those of its Affiliated Exchanges, and (iii) are intended to organize the Rulebook in a way that it will ease the Members' navigation and reading of the rules across the Affiliated Exchanges. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act \11\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\12\ --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A)(iii). \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally does not become operative prior to 30 days after the date of the filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the Exchange can reorganize its Rulebook as already approved by the Commission. The Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission hereby waives the operative delay and designates the proposed rule change as operative upon filing.\15\ --------------------------------------------------------------------------- \13\ 17 CFR 240.19b-4(f)(6). \14\ 17 CFR 240.19b-4(f)(6)(iii). \15\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-MRX-2018-03 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File Number SR-MRX-2018-03. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the [[Page 4936]] Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MRX- 2018-03 and should be submitted on or before February 23, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-02128 Filed 2-1-18; 8:45 am] BILLING CODE 8011-01-P
![4934 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices
dated October 18, 2016 (ADAMS DFO one day before the meeting. If an publishing this notice to solicit
Accession No. ML16279A448). electronic copy cannot be provided comments on the proposed rule change
within this timeframe, presenters from interested persons.
III. Finding of No Significant Impact
should provide the DFO with a CD
On the basis of the EA, the NRC has I. Self-Regulatory Organization’s
containing each presentation at least
concluded that the proposed license Statement of the Terms of Substance of
thirty minutes before the meeting.
renewal for the Dominion’s SNM the Proposed Rule Change
Electronic recordings will be permitted
License Number SNM–2507 for the only during those portions of the The Exchange proposes to a proposal
operation of NAPS specifically licensed meeting that are open to the public. to [sic] relocate the Consolidated Audit
ISFSI located in Louisa County, Detailed procedures for the conduct of Trail Compliance rules (‘‘CAT Rules’’),
Virginia, will not significantly affect the and participation in ACRS meetings currently under Chapter 9, Rules 900
quality of the human environment. were published in the Federal Register through 912, to General 7, Sections 1
Therefore, the NRC has determined, on October 4, 2017 (82 FR 46312). through 13 in the Exchange’s rulebook’s
pursuant to 10 CFR 51.31, that Information regarding changes to the (‘‘Rulebook’’) shell structure.3
preparation of an EIS is not required for agenda, whether the meeting has been The text of the proposed rule change
the proposed action and a FONSI is canceled or rescheduled, and the time is available on the Exchange’s website at
appropriate. allotted to present oral statements can http://nasdaqmrx.cchwallstreet.com/, at
Dated at Rockville, Maryland, this 29th day be obtained by contacting the identified the principal office of the Exchange, and
of January 2018. DFO. Moreover, in view of the at the Commission’s Public Reference
For the Nuclear Regulatory Commission. possibility that the schedule for ACRS Room.
Craig G. Erlanger, meetings may be adjusted by the II. Self-Regulatory Organization’s
Director, Division of Fuel Cycle Safety,
Chairman as necessary to facilitate the Statement of the Purpose of, and
Safeguards, and Environmental Review, conduct of the meeting, persons Statutory Basis for, the Proposed Rule
Office of Nuclear Material Safety and planning to attend should check with Change
Safeguards. the DFO if such rescheduling would
result in a major inconvenience. In its filing with the Commission, the
[FR Doc. 2018–02111 Filed 2–1–18; 8:45 am]
If attending this meeting, please enter Exchange included statements
BILLING CODE 7590–01–P
through the One White Flint North concerning the purpose of and basis for
building, 11555 Rockville Pike, the proposed rule change and discussed
NUCLEAR REGULATORY Rockville, Maryland 20852. After any comments it received on the
COMMISSION registering with Security, please contact proposed rule change. The text of these
Mr. Theron Brown at 301–415–6207 to statements may be examined at the
Advisory Committee on Reactor be escorted to the meeting room. places specified in Item IV below. The
Safeguards; Meeting of the ACRS Exchange has prepared summaries, set
Dated: January 26, 2018.
Subcommittee on Planning and forth in sections A, B, and C below, of
Mark L. Banks, the most significant aspects of such
Procedures; Notice of Meeting
Chief, Technical Support Branch, Advisory statements.
The ACRS Subcommittee on Planning Committee on Reactor Safeguards.
and Procedures will hold a meeting on [FR Doc. 2018–02068 Filed 2–1–18; 8:45 am] A. Self-Regulatory Organization’s
February 7, 2018, 11545 Rockville Pike, BILLING CODE 7590–01–P
Statement of the Purpose of, and
Room T–2B3, Rockville, Maryland Statutory Basis for, the Proposed Rule
20852. Change
The meeting will be open to public SECURITIES AND EXCHANGE 1. Purpose
attendance. COMMISSION
The agenda for the subject meeting The Exchange proposes to relocate the
shall be as follows: [Release No. 34–82600; File No. SR–MRX– CAT Rules, currently under Chapter 9,
2018–03] Rules 900 through 912, to General 7,
Wednesday, February 7, 2018–12:00 Sections 1 through 13 of the Rulebook’s
p.m. until 1:00 p.m. Self-Regulatory Organizations; Nasdaq shell structure.
MRX, LLC; Notice of Filing and The Exchange adopted the CAT Rules
The Subcommittee will discuss
Immediate Effectiveness of Proposed to implement a consolidated audit trail
proposed ACRS activities and related
Rule Change To Relocate the in order to capture customer and order
matters. The Subcommittee will gather
Consolidated Audit Trail Compliance event information to comply with the
information, analyze relevant issues and
Rules provisions of the National Market
facts, and formulate proposed positions
and actions, as appropriate, for January 30, 2018. System Plan Governing the
deliberation by the Full Committee. Pursuant to Section 19(b)(1) of the Consolidated Audit Trail.4 Because the
Members of the public desiring to Securities Exchange Act of 1934 3 Recently, the Exchange added a shell structure
provide oral statements and/or written (‘‘Act’’),1 and Rule 19b–4 thereunder,2 to its Rulebook with the purpose of improving
comments should notify the Designated notice is hereby given that on January efficiency and readability and to align its rules
Federal Official (DFO), Quynh Nguyen 24, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or closer to those of its five sister exchanges, The
(Telephone 301–415–5844 or Email: ‘‘Exchange’’) filed with the Securities Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq
Quynh.Nguyen@nrc.gov) five days prior PHLX LLC; Nasdaq ISE, LLC; and Nasdaq GEMX,
sradovich on DSK3GMQ082PROD with NOTICES
and Exchange Commission LLC (‘‘Affiliated Exchanges’’). See Securities
to the meeting, if possible, so that (‘‘Commission’’) the proposed rule Exchange Act Release No. 82172 (November 29,
arrangements can be made. Thirty-five change as described in Items I and II 2017), 82 FR 57495 (December 5, 2017) (SR–MRX–
hard copies of each presentation or below, which Items have been prepared 2017–26).
4 See Securities Exchange Act Release No. 80256
handout should be provided to the DFO by the Exchange. The Commission is (March 15, 2017), 82 FR 14526 (March 21, 2017)
thirty minutes before the meeting. In (SR–ISEMercury–2017–03) (Order Approving
addition, one electronic copy of each 1 15 U.S.C. 78s(b)(1). Proposed Rule Changes To Adopt Consolidated
presentation should be emailed to the 2 17 CFR 240.19b–4. Audit Trail Compliance Rules).
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![4936 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Notices
Commission and any person, other than Office of Minority and Women writing within 60 days of this
those that may be withheld from the Inclusion (OMWI) developed and publication. Please direct your written
public in accordance with the maintains an electronic Supplier comments to Pamela Dyson, Director/
provisions of 5 U.S.C. 552, will be Diversity Business Management System Chief Information Officer, Securities
available for website viewing and (the System) to collect up-to-date and Exchange Commission, c/o Remi
printing in the Commission’s Public business information and capabilities Pavlik-Simon, 100 F Street NE,
Reference Room, 100 F Street NE, statements from diverse suppliers Washington, DC 20549 or send an email
Washington, DC 20549, on official interested in doing business with the to: PRA_Mailbox@sec.gov.
business days between the hours of Commission. This information allows January 30, 2018.
10:00 a.m. and 3:00 p.m. Copies of the the Commission to update and more
Eduardo A. Aleman,
filing also will be available for effectively manage its current internal
inspection and copying at the principal repository. It also allows the Assistant Secretary.
office of the Exchange. All comments Commission to measure the [FR Doc. 2018–02116 Filed 2–1–18; 8:45 am]
received will be posted without change. effectiveness of its technical assistance BILLING CODE 8011–01–P
Persons submitting comments are and outreach efforts, and target areas
cautioned that we do not redact or edit where additional program efforts are
personal identifying information from necessary. SECURITIES AND EXCHANGE
comment submissions. You should The Commission invites comment on COMMISSION
submit only information that you wish the System. Information is collected in [Release No. 34–82598; File No. SR–GEMX–
to make available publicly. All the System via web-based, e-filed, 2018–02]
submissions should refer to File dynamic form-based technology. The
Number SR–MRX–2018–03 and should company point of contact completes a Self-Regulatory Organizations; Nasdaq
be submitted on or before February 23, profile consisting of basic contact data GEMX, LLC; Notice of Filing and
2018. and information on the capabilities of Immediate Effectiveness of Proposed
For the Commission, by the Division of the business. The profile includes a Rule Change To Relocate the
Trading and Markets, pursuant to delegated series of questions, some of which are Consolidated Audit Trail Compliance
authority.16 based on the data that the individual Rules
Eduardo A. Aleman, enters. Drop-down lists are included
where appropriate to increase ease of January 30, 2018.
Assistant Secretary. Pursuant to Section 19(b)(1) of the
[FR Doc. 2018–02128 Filed 2–1–18; 8:45 am]
use.
The information collection is Securities Exchange Act of 1934
BILLING CODE 8011–01–P
voluntary. There are no costs associated (‘‘Act’’),1 and Rule 19b–4 thereunder,2
with this collection. The public notice is hereby given that on January
interface to the System is available via 24, 2018, Nasdaq GEMX, LLC (‘‘GEMX’’
SECURITIES AND EXCHANGE or ‘‘Exchange’’) filed with the Securities
COMMISSION a web-link provided by the agency.
Estimated number of annual and Exchange Commission
Proposed Collection; Comment responses = 300. (‘‘Commission’’) the proposed rule
Request Estimated annual reporting burden = change as described in Items I and II
150 hours (30 minutes per submission). below, which Items have been prepared
Upon Written Request Copies Available Since the last approval of this by the Exchange. The Commission is
From: U.S. Securities and Exchange information collection, we have publishing this notice to solicit
Commission, Office of FOIA Services, adjusted the estimated number of comments on the proposed rule change
100 F Street NE, Washington, DC respondents from 500 to 300 from interested persons.
20549–2736 respondents per year, based on the
actual response rate for the past two I. Self-Regulatory Organization’s
Extension: Statement of the Terms of Substance of
Supplier Diversity Business Management years and anticipated increase in that
System, SEC File No. 270–663, OMB response rate with the posting of a link the Proposed Rule Change
Control No. 3235–0724 to the System on our web page to allow The Exchange proposes to relocate the
Notice is hereby given that, pursuant self-registration. This reduction in the Consolidated Audit Trail Compliance
to the Paperwork Reduction Act of 1995 number of respondents has resulted in rules (‘‘CAT Rules’’), currently under
(44 U.S.C. 3501 et seq.), the Securities a 100-hour reduction in the total burden Chapter 9, Rules 900 through 912, to
and Exchange Commission estimate. General 7, Sections 1 through 13 in the
(‘‘Commission’’) is soliciting comments Written comments are invited on: (a) Exchange’s rulebook’s (‘‘Rulebook’’)
on the existing collection of information Whether this collection of information shell structure.3
summarized below. The Commission is necessary for the proper performance The text of the proposed rule change
plans to submit this existing collection of the functions of the agency, including is available on the Exchange’s website at
of information to the Office of whether the information will have http://nasdaqgemx.cchwallstreet.com/,
Management and Budget (‘‘OMB’’) for practical utility; (b) the accuracy of the at the principal office of the Exchange,
approval. agency’s estimate of the burden imposed
The Commission is required under by the collection of information; (c) 1 15 U.S.C. 78s(b)(1).
Section 342 of the Dodd Frank Wall ways to enhance the quality, utility, and 2 17 CFR 240.19b–4.
3 Recently, the Exchange added a shell structure
clarity of the information collected; and
sradovich on DSK3GMQ082PROD with NOTICES
Street and Reform Act to develop
to its Rulebook with the purpose of improving
standards and processes for ensuring the (d) ways to minimize the burden of the efficiency and readability and to align its rules
fair inclusion of women-owned and collection of information on closer to those of its five sister exchanges, The
minority-owned businesses in all of the respondents, including through the use Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq
Commission’s business activities. To of automated collection techniques or PHLX LLC; Nasdaq ISE, LLC; and Nasdaq MRX,
LLC (‘‘Affiliated Exchanges’’). See Securities
help implement this requirement, the other forms of information technology. Exchange Act Release No. 82171 (November 29,
Consideration will be given to 2017), 82 FR 57516 (December 5, 2017) (SR–GEMX–
16 17 CFR 200.30–3(a)(12). comments and suggestions submitted in 2017–54).
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Document Created: 2018-02-03 14:27:40
Document Modified: 2018-02-03 14:27:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 4934 |
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