October 28, 2005 – Federal Register Recent Federal Regulation Documents

Psychopharmacologic Drugs Advisory Committee; Notice of Meeting
Document Number: 05-21524
Type: Notice
Date: 2005-10-28
Agency: Food and Drug Administration, Department of Health and Human Services
Administration for Children and Families
Document Number: 05-21523
Type: Notice
Date: 2005-10-28
Agency: Department of Health and Human Services, Children and Families Administration
The Administration for Children and Families (ACF) will be holding a one-day Tribal Consultation Session on December 6, 2005, at the Wyndham Hotel (California Grand Ball Room) in Palm Springs, California.
Availability of Integrated Feasibility Report & Environmental Impact Statement for the Flood Damage Reduction Project, Bloomsburg, PA
Document Number: 05-21522
Type: Notice
Date: 2005-10-28
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District has prepared a Final Integrated Feasibility Report & Environmental Impact Statement (EIS) for the flood damage reduction project for the Town of Bloomsburg, in Columbia County, PA. The Final Integrated Feasibility Report investigated the potential environmental effects of an array of alternative plans based on reducing flood damages in Bloomsburg. The recommended alternative includes approximately 17,000 linear feet of levee/floodwall systems with fourteen drainage structures, and nine closure structures, six of which incorporate limited road raisings.
Public Scoping Meeting and Preparation of Draft Environmental Impact Statement for Widening of the Freeport Ship Channel in Freeport, Brazoria County, TX
Document Number: 05-21521
Type: Notice
Date: 2005-10-28
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers, Galveston District intends to prepare a Draft Environmental Impact Statement (DEIS) to assess the social, economic and environmental effects of the proposed widening of portions of the Freeport Harbor Entrance and Jetty Channels. The DEIS will assess potential impacts of a range of alternatives, including the No Action and preferred alternatives. The Federal action is consideration of a Department of Army Permit application for work under section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), section 404 of the Clean Water Act (33 U.S.C. 1344) and section 103 of the Marine Protection Research and Sanctuary Act (33 U.S.C. 1413).
Notice of Availability of a Novel Composite Processing Technology for Exclusive, Partially Exclusive or Non-Exclusive Licenses
Document Number: 05-21520
Type: Notice
Date: 2005-10-28
Agency: Department of Defense, Department of the Army, Army Department
The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to a novel Composite Processing technology as described in U.S. Patent 6,586,054; entitled ``Apparatus and method for selectively distributing and controlling a means for impregnation of fibrous articles''; Shawn Walsh. Any license shall comply with 35 U.S.C 209 and 37 CFR 404.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: 05-21517
Type: Notice
Date: 2005-10-28
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: 05-21516
Type: Notice
Date: 2005-10-28
Agency: Office of the Secretary, Department of Health and Human Services
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: 05-21515
Type: Notice
Date: 2005-10-28
Agency: Office of the Secretary, Department of Health and Human Services
Submission for OMB Review; Comment Request
Document Number: 05-21514
Type: Notice
Date: 2005-10-28
Agency: Department of Education
The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Notice of Proposed Information Collection Requests
Document Number: 05-21513
Type: Notice
Date: 2005-10-28
Agency: Department of Education
The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995.
Notice of Public Hearings for a Draft Overseas Environmental Impact Statement/Environmental Impact Statement for the Undersea Warfare Training Range
Document Number: 05-21511
Type: Notice
Date: 2005-10-28
Agency: Department of Defense, Department of the Navy, Navy Department
Pursuant to Executive Order 12114, Environmental Effects Abroad of Major Federal Actions, and Section 102(2) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality regulations (40 CFR Parts 1500-1508), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Overseas Environmental Impact Statement/Environmental Impact Statement (Draft OEIS/EIS) to evaluate the construction and operation of a proposed Undersea Warfare Training Range. In accordance with NEPA and its implementing regulations, this notice announces the dates and locations of public hearings. Open information sessions will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the data presented in the Draft OEIS/EIS. Navy representatives will be available during the information sessions to clarify information related to the Draft OEIS/EIS. The open information sessions are scheduled from 3:30 p.m. to 5:30 p.m. and from 6:30 to 7 p.m., followed by the public hearings from 7 p.m. to 9:30 p.m.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: 05-21509
Type: Notice
Date: 2005-10-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency (FEMA) has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. Title: Post Construction Elevation Certificate/Floodproofing Certificate. OMB Number: 1660-0008. Abstract: The Elevation Certificate and Floodproofing Certificate are used in conjunction with the application for flood insurance. The certificates are required for proper rating of post Flood Insurance Rate Map (FIRM) structures, which are buildings constructed after the publication of the FIRM, for flood insurance in Special Flood Hazard Areas. In addition, the Elevation Certificate is needed for pre-FIRM structures being rated under post-FIRM flood insurance rules. The certificates provide community officials and others standardized documents to readily record needed building elevation information. The certificates are supplied to insurance agents, community officials, surveyors, engineers, architects, and NFIP policyholders/ applicants. Surveyors, engineers, and architects complete the Elevation Certificate. Engineers and architects complete the Floodproofing Certificate. Community officials are provided the building elevation information required to document and determine compliance with the community's floodplain management ordinance. NFIP policyholders/ applicants provide the appropriate certificate to insurance agents. The certificate is then used in conjunction with the flood insurance application so that the building can be properly rated for flood insurance. Affected Public: Individuals or Households, Business or Other for Profit, Not-For-Profit Institutions, Farms, and State, local or tribal government. Number of Respondents: 48,430. Estimated Time per Respondent:
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: 05-21508
Type: Notice
Date: 2005-10-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed continuing information collection. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), this notice seeks comments on the Exemption of State- Owned Properties Under Self-Insurance Plan.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: 05-21507
Type: Notice
Date: 2005-10-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
The Federal Emergency Management Agency (FEMA) has submitted the following information collection to the Office of Management and Budget (OMB) for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The submission describes the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. Title: State/Local/Tribal Hazard Mitigation Plans-Section 322 of the Disaster Mitigation Act of 2000. OMB Number: 1660-0062. Abstract: This collection is in accordance with our responsibilities under 44 CFR Part 201 Hazard Mitigation Planning, which requires FEMA's approval and determination of State, local and tribal eligibility for Stafford Act assistance. Affected Public: State, local and Tribal governments. Number of Respondents: 1,024 respondents. Estimated Time per Respondent: The estimated response time for this collection varies depending on the level of government and the scope of the plan. Response time can be as short as 8 hours for a State's review of a local mitigation plan or as long as 2,080 hours for the actual development of a new mitigation plan. On average the collection takes approximately 545 hours. Estimated Total Annual Burden Hours: 571,200 hours. Frequency of Response: Once every three years with 3/5 year updates. Comments: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs at OMB, Attention: Desk Officer for the Department of Homeland Security/FEMA, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503, or facsimile number (202) 395-7285. Comments must be submitted on or before November 28, 2005.
Louisiana; Amendment No. 10 to Notice of a Major Disaster Declaration
Document Number: 05-21506
Type: Notice
Date: 2005-10-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005, and related determinations.
Louisiana; Amendment No. 9 to Notice of a Major Disaster Declaration
Document Number: 05-21505
Type: Notice
Date: 2005-10-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005, and related determinations.
Louisiana; Amendment No. 8 to Notice of a Major Disaster Declaration
Document Number: 05-21504
Type: Notice
Date: 2005-10-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005, and related determinations.
Texas; Amendment No. 6 to Notice of a Major Disaster Declaration
Document Number: 05-21503
Type: Notice
Date: 2005-10-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster for the State of Texas (FEMA-1606-DR), dated September 24, 2005, and related determinations.
Mississippi; Amendment No. 6 to Notice of a Major Disaster Declaration
Document Number: 05-21502
Type: Notice
Date: 2005-10-28
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster for the State of Mississippi (FEMA-1604-DR), dated August 29, 2005, and related determinations.
Drawbridge Operation Regulations; Shark River (South Channel), NJ
Document Number: 05-21501
Type: Rule
Date: 2005-10-28
Agency: Coast Guard, Department of Homeland Security
The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Route 71 Bridge, at mile 0.8, across Shark River (South Channel), at Belmar, New Jersey. This deviation allows the drawbridge to provide vessel openings upon two hours advance notice each day from 8 a.m. to 3 p.m. and from 6 p.m. to 10 p.m. beginning on Monday, October 31 until Thursday, November 3, 2005, to facilitate emergency mechanical repairs.
Federal Motor Vehicle Safety Standards; Cargo Carrying Capacity
Document Number: 05-21500
Type: Proposed Rule
Date: 2005-10-28
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document extends the comment period on a notice of proposed rulemaking (NPRM) published on August 31, 2005 (70 FR 51707) that addresses motor home and travel trailer overloading by proposing to amend the Federal motor vehicle safety standard (FMVSS) on tire selection and rims for motor vehicles other than passenger cars. We also proposed a related amendment to our safety standard for tire selection and rims for light vehicles. The comment due date was October 31, 2005. In a submission dated October 14, 2005, a coalition of trade associations representing vehicle manufacturers and dealers asked NHTSA for an extension of this due date. This document grants that request and extends the comment due date for the NPRM to November 30, 2005.
Pipeline Safety: Public Meetings on Operator Qualifications
Document Number: 05-21499
Type: Notice
Date: 2005-10-28
Agency: Pipeline and Hazardous Materials Safety Administration, Department of Transportation
This notice announces a public meeting on operator qualification programs. PHMSA is preparing a Report to Congress on the status and results of programs to ensure the qualifications of individuals performing safety tasks on pipelines. The American Society of Mechanical Engineers (ASME) has almost completed developing a consensus standard qualifying individuals performing safety tasks on pipelines. The meeting provides an opportunity to discuss progress on operator qualification programs to help PHMSA prepare the Report to Congress and the potential the ASME standard offers for strengthening operator qualification programs.
National Assessment Governing Board; Meeting
Document Number: 05-21495
Type: Notice
Date: 2005-10-28
Agency: Department of Education
The notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Assessment Governing Board. This notice also describes the functions of the Board. Notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify members of the general public of their opportunity to attend. Individuals who will need special accommodations in order to attend the meeting (i.e. interpreting services, assistive listening devices, materials in alternative format) should notify Munira Mwalimu at 202-357-6938 or at Munira.Mwalimu@ed.gov no later than November 1, 2005. We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The meeting site is accessible to individuals with disabilities.
Oncologic Drugs Advisory Committee; Amendment of Notice
Document Number: 05-21493
Type: Notice
Date: 2005-10-28
Agency: Food and Drug Administration, Department of Health and Human Services
Agency Information Collection Activities: Emergency Consideration Request
Document Number: 05-21492
Type: Notice
Date: 2005-10-28
Agency: Social Security Administration, Agencies and Commissions
Privacy Act of 1974; as Amended; New System of Records and New Routine Use Disclosures
Document Number: 05-21491
Type: Notice
Date: 2005-10-28
Agency: Social Security Administration, Agencies and Commissions
In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and (e)(11)), we are issuing public notice of our intent to establish a new system of records entitled Reasonable Accommodation for Persons With Disabilities (RAPD) System, 60-0315, and routine uses applicable to this system of records. Hereinafter, we will refer to the proposed system of records as the RAPD System. The proposed system of records will consist of information used to provide reasonable accommodations to qualified employees on the basis of disability, the disposition of the requests and the reasonable accommodations provided. We invite public comments on this proposal.
Notice of Permits Issued Under the Antarctic Conservation Act of 1978
Document Number: 05-21490
Type: Notice
Date: 2005-10-28
Agency: National Science Foundation, Agencies and Commissions
The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.
Pistachios Grown in California; Establishment of Procedures for Exempting Handlers From Minimum Quality Testing
Document Number: 05-21489
Type: Rule
Date: 2005-10-28
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that established procedures for exempting handlers from quality requirements, including maximum limits for quality defects and minimum size, prescribed under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). These procedures will be used by the committee in considering handler requests for exemptions from minimum quality testing requirements and when considering revocations of such exemptions. Additionally, this final rule continues in effect the establishment of an appeals process for handlers who have been denied an exemption or had an approved exemption revoked.
Final Programmatic Environmental Impact Statement for Mountaintop Mining and Valley Fills
Document Number: 05-21474
Type: Notice
Date: 2005-10-28
Agency: Department of Defense, Environmental Protection Agency, Fish and Wildlife Service, Department of the Interior, Department of the Army, Corps of Engineers, Office of Surface Mining, Engineers Corps, Army Department
The above agencies announce the availability of the FPEIS that considers developing policies, guidance, and coordinated agency decision-making processes to minimize, to the maximum extent practicable, the adverse environmental effects to waters of the United States and to fish and wildlife resources affected by mountaintop mining operations, and to environmental resources that could be affected by the size and location of excess spoil-disposal sites in valley fills within the Appalachian study area in West Virginia, Kentucky, Virginia, and Tennessee. This FPEIS was prepared as part of a settlement agreement that resolved the Federal claims brought in Bragg v. Robertson, Civ. No. 2:98-0636 (S.D.W.Va.). This FPEIS was prepared consistent with the provision set forth in 40 CFR 1503.4(c) of the Council on Environmental Quality regulations implementing NEPA, which allow the agencies to attach an errata sheet to the statement instead of rewriting the draft statement and to circulate the errata, comments, responses, and the changes, rather than the entire document. The agencies are filing the entire statement with a new cover sheet as the FPEIS. The FPEIS is being made available by mail and can be viewed on the Internet at https://www.epa.gov/region3/ mtntop/index.htm. The FPEIS can also be viewed at local offices of the above agencies and at selected local libraries. Copies of the FPEIS may be obtained by writing to the address listed below.
Procedures for Conducting Five-Year (“Sunset”) Reviews of Antidumping and Countervailing Duty Orders
Document Number: 05-21468
Type: Rule
Date: 2005-10-28
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') is amending its regulations related to sunset reviews to conform the existing regulation to the United States' obligations under Articles 6.1, 6.2, and 11.3 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (``Antidumping Agreement''). The regulations amend the ``waiver'' provisions which govern treatment of interested parties who do not provide a substantive response to the Department's notice of initiation of a sunset review and clarify the basis for parties' participation in a public hearing in an expedited sunset review.
Reflectorization of Rail Freight Rolling Stock
Document Number: 05-21466
Type: Rule
Date: 2005-10-28
Agency: Federal Railroad Administration, Department of Transportation
This document responds to petitions for reconsideration of FRA's January 3, 2005 rule mandating the reflectorization of freight rolling stock (freight cars and locomotives). This document amends and clarifies the final rule and also lifts the stay of the rule's effectiveness published on May 26, 2005 (70 FR 30378).
Pesticide Product; Registration Approval
Document Number: 05-21462
Type: Notice
Date: 2005-10-28
Agency: Environmental Protection Agency
This notice announces Agency approval of an application to register the pesticide product, Cuelure containing an active ingredient not included in any previously registered product pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.
Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units: Reconsideration
Document Number: 05-21457
Type: Proposed Rule
Date: 2005-10-28
Agency: Environmental Protection Agency
On May 18, 2005, pursuant to section 111 of the Clean Air Act (CAA), EPA published a final rule, entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Steam Generating Units'' (the Clean Air Mercury Rule or CAMR; see 70 FR 28606). The final rule establishes standards of performance for emissions of mercury (Hg) from new and existing coal-fired electric utility steam generating units (Utility Units or EGU). After the notice of final rule appeared in the Federal Register, the Administrator received four petitions for reconsideration of certain aspects of CAMR. In this notice, EPA is announcing reconsideration of specific issues in CAMR, and we are requesting comment on those issues. We are seeking comment only on the aspects of CAMR specifically identified in this notice. We will not respond to any comments addressing other provisions of CAMR or any related rulemakings.
Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units From the Section 112(c) List: Reconsideration
Document Number: 05-21456
Type: Proposed Rule
Date: 2005-10-28
Agency: Environmental Protection Agency
On March 29, 2005, EPA published a final rule entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (Section 112(n) Revision Rule). (See 70 FR 15994.) Following that final action, the Administrator received two petitions for reconsideration. In response to those petitions, EPA is announcing its reconsideration of certain aspects of the Section 112(n) Revision Rule. We are requesting comment on the particular issues identified below for which we are granting reconsideration. Those issues are referenced briefly in the SUPPLEMENTARY INFORMATION section of the preamble and described more fully later in this preamble. We are seeking comment only on the aspects of the Section 112(n) Revision Rule specifically identified in this notice. We will not respond to any comments addressing other aspects of the Section 112(n) Revision Rule or any related rulemakings.
Airworthiness Directives; Aerospatiale Model ATR42 and ATR72 Airplanes
Document Number: 05-21338
Type: Rule
Date: 2005-10-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is adopting a new airworthiness directive (AD) for all Aerospatiale Model ATR42 and ATR72 airplanes. This AD requires a one- time inspection to determine the part number or markings of the fuel quality indicator (FQI) and replacement of any FQI having an incorrect part number. This AD results from a report that an FQI having an incorrect part number was installed on a Model ATR72 airplane. We are issuing this AD to ensure that a correct FQI is installed. An incorrect FQI could result in fuel starvation to the engine and consequent engine shutdown during flight.
Federal Property Suitable as Facilities To Assist the Homeless
Document Number: 05-21325
Type: Notice
Date: 2005-10-28
Agency: Department of Housing and Urban Development
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Medicare and Medicaid Programs; Requirements for Long Term Care Facilities; Nursing Services; Posting of Nurse Staffing Information
Document Number: 05-21278
Type: Rule
Date: 2005-10-28
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
In this rule, we finalize provisions specified in the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA) that establish new data collection, posting, and recordkeeping requirements for skilled nursing facilities (SNFs) and nursing facilities (NFs). It requires that on a daily basis for each shift, SNFs and NFs must post nurse staffing data for the licensed and unlicensed staff directly responsible for resident care in the facility. Facility census information must also be posted. This final rule is also part of a broader communication outreach initiative by CMS to provide beneficiaries, their families, and the public with access to updated data and other information that can assist them in making healthcare decisions.
Deposit Insurance Coverage; Accounts of Qualified Tuition Savings Programs Under Section 529 of the Internal Revenue Code
Document Number: 05-20766
Type: Rule
Date: 2005-10-28
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is adopting a final rule governing the insurance coverage of deposits of qualified tuition savings programs under section 529 of the Internal Revenue Code. The final rule makes no substantive changes to a previous interim final rule. Under the rule, the deposits of a qualified tuition savings program will be insured on a ``pass-through'' basis to the program participants. In other words, the deposits will be insured up to $100,000 for the interest of each participant in aggregation with the participant's other deposits (if any) at the same insured depository institution.
Medicare Program; Meeting of the Practicing Physicians Advisory Council, December 5, 2005
Document Number: 05-20316
Type: Notice
Date: 2005-10-28
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This notice announces a quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Council will meet to discuss certain proposed changes in regulations and carrier manual instructions related to physicians' services, as identified by the Secretary of Health and Human Services (the Secretary). This meeting is open to the public.
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