July 22, 2008 – Federal Register Recent Federal Regulation Documents

Reader Aids
Document Number: FR-2008-07-22-ReaderAids
Type: Reader Aids
Date: 2008-07-22
Submission for OMB Review; Comment Request
Document Number: E8-16789
Type: Notice
Date: 2008-07-22
Agency: Department of Education
The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Marine Mammals; File No. 13392
Document Number: E8-16787
Type: Notice
Date: 2008-07-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Thomas A. Jefferson, NMFS Southwest Fisheries Science Center, 8604 La Jolla Shores Drive, La Jolla, CA 92037 has been issued a permit to conduct research on bottlenose dolphins (Tursiops truncatus).
Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Control Date; Hawaii Pelagic Charter Fishery
Document Number: E8-16786
Type: Proposed Rule
Date: 2008-07-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that anyone who enters the Hawaii-based pelagic charter fishery after June 19, 2008, (the ``control date'') is not guaranteed future participation in the fishery if the Western Pacific Fishery Management Council (Council) recommends, and NMFS approves, a program that limits entry into the fishery, or other fishery management measures. The Council is concerned about potential expansion of the Hawaii-based pelagic charter fishery and resultant impacts on billfish and other pelagic fishes.
Information Collection; Extension of Timber Sales
Document Number: E8-16785
Type: Notice
Date: 2008-07-22
Agency: Department of Agriculture, Forest Service
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the new information collection, Extension of Timber Sales.
Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fishery; Inseason Action #3 and #4
Document Number: E8-16784
Type: Rule
Date: 2008-07-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA Fisheries announces two inseason actions in the ocean salmon fisheries. Inseason action 3 modified the commercial fishery from Cape Falcon, Oregon, to the Oregon/California Border. Inseason action 4 modified the recreational fishery from Cape Falcon, Oregon, to Humbug Mountain, Oregon.
Open House To Provide Information on the Proposed Rule for the Management of Roadless Areas in the State of Colorado
Document Number: E8-16783
Type: Notice
Date: 2008-07-22
Agency: Department of Agriculture, Forest Service
There will be an open house in Washington, DC to discuss the proposed rule for the management of roadless areas on National Forest System lands in the State of Colorado.
Marine Mammals; File No. 10045
Document Number: E8-16781
Type: Notice
Date: 2008-07-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Samuel Wasser, Ph.D., has been issued a permit to conduct research on southern resident killer whales (Orcinus orca) for scientific research.
Agency Information Collection Activities: Proposed Collection: Comment Request
Document Number: E8-16780
Type: Notice
Date: 2008-07-22
Agency: Department of Health and Human Services, Health Resources and Services Administration
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: E8-16779
Type: Notice
Date: 2008-07-22
Agency: Department of Health and Human Services, Health Resources and Services Administration
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: E8-16778
Type: Notice
Date: 2008-07-22
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: E8-16777
Type: Notice
Date: 2008-07-22
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: E8-16776
Type: Notice
Date: 2008-07-22
Agency: Department of Health and Human Services, Health Resources and Services Administration
Agency Information Collection Activities: Proposed Collection: Comment Request
Document Number: E8-16775
Type: Notice
Date: 2008-07-22
Agency: Department of Health and Human Services, Health Resources and Services Administration
Agency Information Collection Activities: Proposed Collection: Comment Request
Document Number: E8-16774
Type: Notice
Date: 2008-07-22
Agency: Department of Health and Human Services, Health Resources and Services Administration
Advisory Commission of Childhood Vaccines; Request for Nominations for Voting Members
Document Number: E8-16773
Type: Notice
Date: 2008-07-22
Agency: Department of Health and Human Services, Health Resources and Services Administration
The Health Resources and Services Administration (HRSA) is requesting nominations to fill three vacancies on the Advisory Commission on Childhood Vaccines (ACCV). The ACCV was established by title XXI of the Public Health Service Act (the Act), as enacted by Public Law (Pub. L.) 99-660 and as subsequently amended, and advises the Secretary of Health and Human Services (the Secretary) on issues related to implementation of the National Vaccine Injury Compensation Program (VICP).
Eligibility and Scope of Financing; Processing and Marketing; Effective Date
Document Number: E8-16772
Type: Rule
Date: 2008-07-22
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA or Agency), through the FCA Board (Board), issued a final rule under part 613 on May 28, 2008 (73 FR 30460) amending our regulation governing financing of processing and marketing operations by Farm Credit System institutions under titles I and II of the Farm Credit Act of 1971, as amended. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is July 17, 2008.
Culturally Significant Objects Imported for Exhibition Determinations: “Captured Emotions: Baroque Painting in Bologna 1575-1725”
Document Number: E8-16770
Type: Notice
Date: 2008-07-22
Agency: Department of State
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Captured Emotions: Baroque Painting in Bologna 1575-1725'' to be displayed at The J. Paul Getty Museum, Los Angeles, California, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit and additional objects at The J. Paul Getty Museum, Los Angeles, California, from on or about December 16, 2008, until on or about May 3, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. For Further Information Contact: For further information, including a list of the exhibit objects, contact Wolodymyr Sulzynsky, Attorney- Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8050). The address is U.S. Department of State, SA- 44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.
Houston/Galveston Navigation Safety Advisory Committee
Document Number: E8-16769
Type: Notice
Date: 2008-07-22
Agency: Coast Guard, Department of Homeland Security
The Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC) and its working groups will meet in Texas City, Texas, to discuss waterway improvements, aids to navigation, area projects impacting safety on the Houston Ship Channel, and various other navigation safety matters in the Galveston Bay area. All meetings will be open to the public.
Notice of Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe from the People's Republic of China
Document Number: E8-16767
Type: Notice
Date: 2008-07-22
Agency: Department of Commerce, International Trade Administration
Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on circular welded carbon quality steel pipe (``CWP'') from the People's Republic of China (``PRC''). On July 15, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Circular Welded Carbon Quality Steel Pipe from China, Investigation Nos. 701-TA-447 and 731-TA-1116 (Final), USITC Publication 4019 (July 2008).
Certain Off-the-Road Tires From China
Document Number: E8-16764
Type: Notice
Date: 2008-07-22
Agency: International Trade Commission, Agencies and Commissions
Applications for Duty-Free Entry of Scientific Instruments
Document Number: E8-16763
Type: Notice
Date: 2008-07-22
Agency: Department of Commerce, International Trade Administration
Notice of Entering Into a Compact With the Government of Burkina Faso
Document Number: E8-16755
Type: Notice
Date: 2008-07-22
Agency: Millennium Challenge Corporation, Agencies and Commissions
In accordance with Section 610(b)(2) of the Millennium Challenge Act of 2003 (Pub. L. 108-199, Division D), the Millennium Challenge Corporation (MCC) is publishing a summary and the complete text of the Millennium Challenge Compact between the United States of America, acting through the Millennium Challenge Corporation, and the Government of Burkina Faso. Representatives of the United States Government and the Government of Burkina Faso executed the Compact documents on July 14, 2008.
Notice of Submission of Proposed Information Collection to OMB; Emergency Comment Request; Applications for Housing Assistance Payments and Special Claims Processing and Owner Certification With Tenant Eligibility and Rent Procedures
Document Number: E8-16754
Type: Notice
Date: 2008-07-22
Agency: Department of Housing and Urban Development
The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal.
Circular Welded Carbon Quality Steel Pipe from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order
Document Number: E8-16753
Type: Notice
Date: 2008-07-22
Agency: Department of Commerce, International Trade Administration
Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on circular welded carbon quality steel pipe (CWP) from the People's Republic of China (PRC). On July 15, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Circular Welded Carbon-Quality Steel Pipe from China, USITC Pub. 4019, Investigation Nos. 701-TA-447 and 731-TA-1116 (Final) (July 2008).
The Secretary of Agriculture's Determination of the Primary Purpose of Pennsylvania's Upper Makefield Township Riparian Restoration and Preservation Grant Program
Document Number: E8-16748
Type: Notice
Date: 2008-07-22
Agency: Department of Agriculture, Natural Resources Conservation Service
NRCS is providing public notice that the Secretary of Agriculture has determined the payments made under Pennsylvania's Upper Makefield Township Riparian Restoration and Preservation Grant Program are primarily for the purpose of protecting or restoring the environment. NRCS was assigned technical and administrative responsibility for reviewing the Upper Makefield Township Riparian Restoration and Preservation Grant Program and making appropriate recommendations for the Secretary's determination of primary purpose. This determination is in accordance with section 126 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 126), and permits recipients of cost-share payments to exclude from gross income to the extent allowed by the Internal Revenue Service.
National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing
Document Number: E8-16746
Type: Rule
Date: 2008-07-22
Agency: Environmental Protection Agency
EPA is issuing amendments to the national emission standards for hazardous air pollutants (NESHAP) for semiconductor manufacturing. These amendments establish a new maximum achievable control technology floor level of control for existing and new combined hazardous air pollutants process vent streams containing inorganic and organic hazardous air pollutants and clarify the emission requirements for process vents by adding definitions for organic, inorganic, and combined hazardous air pollutant process vent streams that contain both organic and inorganic hazardous air pollutant.
Notice of Availability of the Draft Demonstration of Alternative Asbestos Control Method Demolition for Two Asbestos-Containing Buildings and Expert Peer Review Meeting
Document Number: E8-16745
Type: Notice
Date: 2008-07-22
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency is announcing the availability for review and comment of two draft reports titled, Evaluation of the Alternative Asbestos Control Method at Site Two (AACM2) for Demolition of Asbestos-Containing Buildings, and Evaluation of the Alternative Asbestos Control Method at Site Three (AACM3) for Demolition of Asbestos-Containing Buildings. These reports were prepared by EPA's Office of Research and Development (ORD) and are available through docket ID number EPA-HQ-ORD-2008-0523 located at https://www.regulations.gov and through https://www.epa.gov/region6/6xa/ asbestos. EPA is also announcing that in the month of August or September an EPA contractor will convene a panel of experts and will organize and conduct an independent expert external peer review meeting of the two reports. The dates and location of the peer review meeting will be provided in a separate Federal Register Notice. The public will be invited to register to attend the peer review meeting as observers and also will be able to give oral or provide written comments at the meeting. The expert panel will review the scientific and technical aspects of the draft documents and consider public comments received prior to the meeting in the official public docket for this activity under docket ID number EPA-HQ-ORD-2008-0523. The public release of these draft documents is solely for the purpose of seeking public comment and external peer review. The draft reports do not represent and should not be construed to represent any final EPA by policy, viewpoint, or determination.
Washoe Project-Rate Order No. WAPA-136
Document Number: E8-16744
Type: Notice
Date: 2008-07-22
Agency: Department of Energy, Western Area Power Administration
The Deputy Secretary of Energy confirmed and approved Rate Order No. WAPA-136 and Rate Schedule SNF-7, placing a non-firm power formula rate from the Stampede Powerplant (Stampede) of the Washoe Project of the Western Area Power Administration (Western) into effect on an interim basis. The provisional rate will be in effect until the Federal Energy Regulatory Commission (FERC) confirms, approves, and places it into effect on a final basis or until it is replaced by another rate. The provisional rate will provide sufficient revenue to pay all annual costs, including interest expense, and repayment of power investment within allowable periods.
Privacy Act of 1974; Systems of Records
Document Number: E8-16742
Type: Notice
Date: 2008-07-22
Agency: United States Mint, Department of Treasury, Department of the Treasury
In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the United States Mint, Treasury, is publishing its inventory of Privacy Act systems of records.
Findings of Scientific Misconduct
Document Number: E8-16741
Type: Notice
Date: 2008-07-22
Agency: Office of the Secretary, Department of Health and Human Services
Notice is hereby given that the Office of Research Integrity (ORI) and the Assistant Secretary for Health have taken final action in the following case: Roxana Gonzalez, Carnegie Mellon University: Based on reports submitted by Carnegie Mellon University's (CMU) inquiry and investigation committees, the Respondent's own admission in sworn testimony, and additional analysis conducted by the Office of Research Integrity (ORI) during its oversight review, the U.S. Public Health Service (PHS) found that Roxana Gonzalez, graduate student, Department of Social and Decision Sciences and Psychology, CMU, engaged in scientific misconduct in research supported by National Institute of Mental Health (NIMH), National Institutes of Health (NIH), grants R01 MH56880, R03 MH62376, and R24 MH67346. Specifically, PHS found that Ms. Gonzalez engaged in the following acts of scientific misconduct: 1. Respondent altered the main dependent variable (life events; life expectation) in the electronic file and the manipulation check variables for ease-of-thought generation so that the reported study results are largely unsupported in: (a) Publication: Lerner, J.S., & Gonzalez, R.M. ``Forecasting one's future based on fleeting subjective experiences.'' Personality and Social Psychology Bulletin 31:454-466, 2005; (b) 2005 Manuscript: Lerner, J. S., & Gonzalez, R. M. ``On perceiving the self as triumphant when happy or angry''; (c) Review Article: Lerner J. S., Tiedens, L.Z., & Gonzalez, R. M. ``Portrait of the angry decision maker: How appraisal tendencies shape anger's influence on cognition.'' Journal of Behavioral Decision Making: Special Issue on Emotion and Decision Making. 2. Respondent falsified cortisol values, and possibly cardiovascular measures and optimistic appraisals (as measured by LOT), so that a large portion of the mediation analyses of Table 3 does not reflect the data actually collected and analyzed for the study reported in a publication (Lerner, J.S., Gonzalez, R.M., Dahl, R.E., Hariri, A.R., & Taylor, S.E. ``Facial expressions of emotion reveal neuroendocrine and cardiovascular stress responses.'' Biological Psychiatry 58:743-750, 2005). Respondent further allowed one of her collaborators to report the results from this study at the Annual Meeting of the American Psychological Society held in Los Angeles, California in May 2005, although Respondent's collaborator did not know at the time that the results were tainted by Respondent's acts of research misconduct. 3. Respondent falsified the analyses based on participants' responses to the manipulation check items (including the data for self reported fear) in a study reported in a publication (Fischhoff, B., Gonzalez, R.M., Lerner, J.S., & Small, D.A. ``Evolving judgments of terrorism's risks: Foresight, hindsight, and emotion.'' Journal of Experimental Psychology: Applied 11:124-139, 2005. 4. Respondent falsified the main dependent variable (reservation price, BDM) in the electronic file for 48 of the 175 subjects participating in a study reported in a 2005 manuscript (Lerner, J.S., Gonzalez, R.M., Small, D.A., Lowenstein, G., & Dahl, R.E. ``Emotional influence on economic behavior among adolescents.''). Respondent directed the alteration of the paper files for those subjects in order to match the altered electronic file. One of Respondent's collaborators included a qualitative description of the results of the research that is the subject of this study in an NIH grant application, although Respondent's collaborator did not know at the time that the results were tainted by the Respondent's acts of research misconduct. ORI acknowledges Ms. Gonzalez' extensive cooperation with CMU's research misconduct proceedings. Ms. Gonzalez has entered into a Voluntary Exclusion Agreement (Agreement) in which she has voluntarily agreed, beginning on June 26, 2008: (1) To exclude herself from serving in any advisory capacity to PHS, including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant or contractor to PHS, for a period of three (3) years; (2) That for a period of three (3) years, any institution that submits an application for PHS support for a research project on which the Respondent's participation is proposed or that uses the Respondent in any capacity on PHS supported research, or that submits a report of PHS-funded research in which the Respondent is involved, must concurrently submit a plan for supervision of the Respondent's duties to the funding agency for approval; the supervisory plan must be designed to ensure the scientific integrity of the respondent's research contribution; Respondent agrees to ensure that a copy of the supervisory plan is also submitted to ORI by the institution; Respondent agrees that she will not participate in any PHS-supported research until such a supervisory plan is submitted to ORI; (3) for a period of three (3) years to ensure that any institution employing her submits, in conjunction with each application for PHS funds or report, manuscript, or abstract of PHS-funded research in which the Respondent is involved, a certification that the data provided by the Respondent are based on actual experiments or are otherwise legitimately derived, and that the data, procedures, analyses, and methodology are accurately reported in the application, report, manuscript or abstract; the Respondent must ensure that the institution sends a copy of the certification to ORI; and (4) to write ORI-approved letters to (a) collaborators/coauthors of the manuscripts and published papers cited above, stating what she falsified/fabricated and offering restitution; and (b) editors of the journals in which papers were published (even if they have been retracted/corrected) to state that her falsifications/fabrications were the underlying reason for the retraction/correction.
Notice of Availability of Draft NPDES General Permits MAG7000 and NHG7000 for Discharges From Dewatering Activities in the States of Massachusetts and New Hampshire: the Dewatering General Permit (DGP)
Document Number: E8-16740
Type: Notice
Date: 2008-07-22
Agency: Environmental Protection Agency
The Director of the Office of Ecosystem Protection, EPA-New England, is issuing a notice of availability of the draft National Pollutant Discharge Elimination System (NPDES) general permits for dewatering activity discharges to certain waters of the Commonwealth of Massachusetts and the State of New Hampshire. These General Permits replace the Construction Dewatering General Permits which expired on September 23, 2007. These draft General Permits establish Notice of Intent (NOI) requirements, effluent limitations, standards, prohibitions, and management practices for facilities with dewatering activity discharges from construction dewatering, flushing of potable water lines, pump testing of water wells, and dewatering of foundation sumps. Owners and/ or operators of facilities with dewatering discharges, including those currently authorized to discharge under the expired General Permits, will be required to submit an NOI to be covered by the General Permit to both EPA-New England and the appropriate state agency. After EPA and the State have reviewed the NOI, the facility will receive a written notification from EPA of permit coverage and authorization to discharge under the General Permit. The purpose of this document is to solicit public comments on the proposed General Permits. Public Comment Period: Interested persons may submit written comments on the draft General Permits to the EPA-Region I at the address listed below. Within the comment period, interested persons may also request, in writing, that EPA hold a public hearing pursuant to 40 CFR section 124.12, concerning the draft General Permits. Such requests shall state the nature of the issues proposed to be raised at the hearing. A public hearing may be held at least thirty days after public notice whenever the Regional Administrator finds that response to this notice indicates significant public interest. In reaching a final decision on this draft permit, the Regional Administrator will respond to all significant comments and make responses available to the public at EPA's Boston office. In addition to comments on the draft General Permit, EPA is also requesting comments on the cost associated with a limit for total residual chlorine (TRC) for discharges containing potable water. All comments and requests for public hearings must be postmarked or delivered before midnight August 21, 2008, the close of the public comment period. All public comments or requests for a public hearing must be submitted to the address below.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Ferroalloys Production: Ferromanganese and Silicomanganese (Renewal), ICR Number 1831.04, OMB Number 2060-0391
Document Number: E8-16739
Type: Notice
Date: 2008-07-22
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.
Sault Ste. Marie Bridge Company-Abandonment Exemption-In Dickinson County, MI
Document Number: E8-16735
Type: Notice
Date: 2008-07-22
Agency: Surface Transportation Board, Department of Transportation
Combined Notice of Filings
Document Number: E8-16734
Type: Notice
Date: 2008-07-22
Agency: Department of Energy, Federal Energy Regulatory Commission
Draft Regulatory Guide: Issuance, Availability
Document Number: E8-16729
Type: Notice
Date: 2008-07-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on ESBWR; Notice of Meeting
Document Number: E8-16728
Type: Notice
Date: 2008-07-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Receipt of an Application for an Incidental Take Permit for Commercial Construction in Charlotte County, FL
Document Number: E8-16727
Type: Notice
Date: 2008-07-22
Agency: Fish and Wildlife Service, Department of the Interior
We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) and Habitat Conservation Plan (HCP). Charlotte County (applicant) requests an ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicant anticipates taking about 0.46 acre of foraging and sheltering habitat occupied by the threatened Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) incidental to lot preparation for the construction of a library and supporting infrastructure in Charlotte County, Florida (Project). The applicant's Habitat Conservation Plan (HCP) describes the mitigation and minimization measures proposed to address the effects of the Project to the scrub-jay.
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: E8-16726
Type: Notice
Date: 2008-07-22
Agency: Department of Health and Human Services, Substance Abuse and Mental Health Services Administration
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