October 15, 2008 – Federal Register Recent Federal Regulation Documents

Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License
Document Number: E8-24526
Type: Rule
Date: 2008-10-15
Agency: Coast Guard, Department of Homeland Security
This document informs owners and operators of facilities located within Captain of the Port Zones Portland (OR), Puget Sound, and San Francisco Bay that they must implement access control procedures utilizing TWIC no later than February 28, 2009.
Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License
Document Number: E8-24525
Type: Rule
Date: 2008-10-15
Agency: Coast Guard, Department of Homeland Security
This document informs owners and operators of facilities located within Captain of the Port Zone New York that they must implement access control procedures utilizing TWIC no later than March 23, 2009.
Countries Whose Pleasure Vessels May Be Issued Cruising Licenses
Document Number: E8-24523
Type: Rule
Date: 2008-10-15
Agency: Department of Homeland Security, Bureau of Customs and Border Protection
This document amends the U.S. Customs and Border Protection (CBP) regulations relating to the list of foreign countries whose pleasure vessels may be issued U.S. cruising licenses. Pursuant to information provided by the British Embassy, the Department of State has recommended that CBP update the listing relating to the United Kingdom.
Drawbridge Operation Regulation; Cumberland River, Nashville, TN
Document Number: E8-24522
Type: Rule
Date: 2008-10-15
Agency: Coast Guard, Department of Homeland Security
The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operation of the Louisville and Nashville (CSX) Railroad Drawbridge, across the Cumberland River, Mile 190.4, at Nashville, Tennessee. The deviation is necessary to retrofit the bridge with an upgraded rail lift system. This deviation allows the bridge to remain in a closed-to-navigation position for a four-day period.
Drawbridge Operation Regulation; Piscataqua River, Portsmouth, NH, and Kittery, ME, Maintenance
Document Number: E8-24521
Type: Rule
Date: 2008-10-15
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Sara M. Long (Route 1 Bypass) Bridge across the Piscataqua River at mile 4.0, between Portsmouth, New Hampshire, and Kittery, Maine. Under this temporary deviation, the bridge may remain in the closed position. This deviation is necessary to facilitate scheduled bridge maintenance.
Drawbridge Operation Regulation; Saugus River, MA, Maintenance
Document Number: E8-24520
Type: Rule
Date: 2008-10-15
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Fox Hill (SR107) Bridge across the Saugus River at mile 2.5, between Lynn and Saugus, Massachusetts. Under this temporary deviation the bridge may open on a limited operating schedule for several months to facilitate the reliability of the bridge until it can be repaired during the winter months.
Drawbridge Operation Regulation; Harlem River, New York City, NY, Maintenance
Document Number: E8-24518
Type: Rule
Date: 2008-10-15
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the 145 Street Bridge across the Harlem River, mile 2.8, at New York City, New York. Under this temporary deviation the bridge may remain in the closed position for five days to facilitate bridge maintenance.
Fisheries Off West Coast States; West Coast Salmon Fisheries; Amendment 14; Essential Fish Habitat Descriptions for Pacific Salmon
Document Number: E8-24515
Type: Rule
Date: 2008-10-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this final rule to implement Essential Fish Habitat (EFH) identifications and descriptions for Pacific salmon included in Amendment 14 to the Pacific Salmon Fishery Management Plan (Salmon FMP). This final rule codifies the EFH identifications and descriptions for freshwater and marine habitats of Pacific salmon managed under the Salmon FMP, including Chinook, coho, and pink salmon. This action is necessary to comply with an order issued by the U.S. District Court for the District of Idaho which directed NMFS to codify the EFH identifications and descriptions contained in Amendment 14 to the Salmon FMP.
Drawbridge Operation Regulations; Raritan River, Perth Amboy, NJ
Document Number: E8-24513
Type: Rule
Date: 2008-10-15
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the regulations governing the operation of the NJTRO Bridge, across the Raritan River, mile 0.5, at Perth Amboy, New Jersey. Under this temporary deviation the draw may remain in the closed position for one weekend to facilitate scheduled bridge maintenance.
Taking of the Cook Inlet, Alaska Beluga Whale Stock by Alaska Natives
Document Number: E8-24511
Type: Rule
Date: 2008-10-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues final regulations establishing long-term limits on the maximum number of Cook Inlet beluga whales that may be taken by Alaska Natives for subsistence and handicraft purposes. These regulations were developed after proceedings and public comment connected to an on-the-record rule-making and hearings before Administrative Law Judge (ALJ) Parlen L. McKenna (Judge McKenna); consultations with the parties to the hearings, including Alaska Native Organizations; and comments received from the public on the Cook Inlet Beluga Whale Subsistence Harvest Draft Supplemental Environmental Impact Statement (SEIS). These regulations are intended to conserve and manage Cook Inlet belugas under applicable provisions of the Marine Mammal Protection Act ( MMPA) until the whales are no longer depleted under the MMPA.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Spiny Lobster (Panulirus argus
Document Number: E8-24484
Type: Proposed Rule
Date: 2008-10-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the availability of Amendment 4 to the Spiny Lobster Fishery Management Plan (FMP) of Puerto Rico and the U.S. Virgin Islands and Amendment 8 to the Joint Spiny Lobster FMP of the Gulf of Mexico and South Atlantic prepared by the Caribbean, South Atlantic, and Gulf of Mexico Fishery Management Councils (Councils). Amendments 4 and 8 would establish minimum conservation standards for imported spiny lobster. The intended effect of Amendments 4 and 8 is to eliminate the primary market for lobster that do not meet the minimum size limit or mean size at sexual maturity, which is expected to result in a reduction in the foreign harvest of these undersized animals and increase the spawning stock biomass and long-term potential yield within the pan-Caribbean spiny lobster fishery.
Pennsylvania Regulatory Program
Document Number: E8-24477
Type: Rule
Date: 2008-10-15
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
We are announcing a rescission of a required amendment that we imposed, in modified form, upon the Pennsylvania regulatory program (the ``Pennsylvania program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We had modified a previous version of the required amendment, which we originally imposed in 1991. The United States Court of Appeals for the Third Circuit, and the United States District Court for the Middle District of Pennsylvania, on remand from the Third Circuit, set aside our termination of the 1991 required amendment. We are rescinding the modified required amendment because under those court actions, no action on our part was necessary to implement the Courts' orders.
Service Quality, Customer Satisfaction, Infrastructure and Operating Data Gathering
Document Number: E8-24476
Type: Proposed Rule
Date: 2008-10-15
Agency: Federal Communications Commission, Agencies and Commissions
In the Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (Commission) recognizes that it has continually sought to ensure that it has access to the data necessary for its public safety and broadband policymaking, and that certain infrastructure and operating data might be useful, but only if collected on an industry-wide basis from all relevant facilities-based providers of broadband and/or telecommunications. In addition, the Commission recognizes that certain service quality and customer satisfaction data might be useful, but only if collected on an industry-wide basis from all relevant facilities-based providers of broadband and/or telecommunications. The NPRM therefore seeks comment on whether and what types of such data should be collected from all relevant providers in furtherance of those goals.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Least Chub (Iotichthys phlegethontis
Document Number: E8-24467
Type: Proposed Rule
Date: 2008-10-15
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to list the least chub (Iotichthys phlegethontis) as threatened or endangered under the Endangered Species Act of 1973, as amended (Act). We find that the petition presents substantial scientific or commercial information indicating that listing of the least chub may be warranted. Therefore, with the publication of this notice, we are initiating a status review of the species, and we will issue a 12-month finding to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding this species. We will make a determination on critical habitat for this species if, and when, we initiate a listing action.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of Alaska
Document Number: E8-24418
Type: Rule
Date: 2008-10-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 total allowable catch (TAC) of pollock for Statistical Area 630 in the GOA.
Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer
Document Number: E8-24415
Type: Rule
Date: 2008-10-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the State of Florida is transferring commercial bluefish quota to the State of New York from its 2008 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: E8-24391
Type: Rule
Date: 2008-10-15
Agency: Department of Defense, Department of the Navy, Navy Department
The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that Unmanned Surface Vehicles with hull numbers 11MUC0601, 11MUC0602, 11MUC0603 and 11MUCO604, are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with their special function as naval vessels. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
General Claims Regulations
Document Number: E8-24384
Type: Rule
Date: 2008-10-15
Agency: Department of Defense, Department of the Navy, Navy Department
The Department of the Navy has adopted as final, an interim rule amending regulations concerning the administrative processing and consideration of claims on behalf of and against the United States. The revisions will ensure the proper administrative processing and consideration of claims on behalf of and against the United States. This rule is being published by the Department of the Navy for guidance and interest of the public in accordance with 5 U.S.C. 552(a)(1).
Personnel Claims Regulations
Document Number: E8-24383
Type: Rule
Date: 2008-10-15
Agency: Department of Defense, Department of the Navy, Navy Department
The Department of the Navy has adopted as final, an interim rule amending regulations concerning the administrative processing and consideration of claims on behalf of and against the United States. The revisions will ensure the proper administrative processing and consideration of claims on behalf of and against the United States. This rule is being published by the Department of the Navy for guidance and interest of the public in accordance with 5 U.S.C. 552(a)(1).
Non-Appropriated Fund Claims Regulations
Document Number: E8-24382
Type: Rule
Date: 2008-10-15
Agency: Department of Defense, Department of the Navy, Navy Department
The Department of the Navy has adopted as final, an interim rule amending regulations concerning the administrative processing of non-appropriated funds. The revisions will ensure the proper administrative processing and consideration of claims on behalf of and against the United States. This rule is being published by the Department of the Navy for guidance and interest of the public in accordance with 5 U.S.C. 552(a)(1).
Affirmative Claims Regulations
Document Number: E8-24381
Type: Rule
Date: 2008-10-15
Agency: Department of Defense, Department of the Navy, Navy Department
The Department of the Navy has adopted as final, an interim rule amending regulations concerning the administrative processing and consideration of claims on behalf of and against the United States. This rule is being published by the Department of the Navy for guidance and interest of the public in accordance with 5 U.S.C. 552(a)(1).
Proposed Establishment of Special Air Traffic Rule, in the Vicinity of Luke AFB, AZ
Document Number: E8-24373
Type: Proposed Rule
Date: 2008-10-15
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting its proposed establishment of a Special Air Traffic Rule, in the vicinity of Luke AFB, AZ. The purpose of the NPRM was to address reported near midair collisions in the area around Luke and to help reduce the potential for midair collisions in the vicinity of Luke. In the preamble the docket number was incorrect. This document corrects the error. The old docket number FAA-2007-26470 is being changed to FAA-2008-1087.
Television Broadcasting Services; Vanderbilt, MI
Document Number: E8-24301
Type: Rule
Date: 2008-10-15
Agency: Federal Communications Commission, Agencies and Commissions
The Media Bureau grants a petition for reconsideration, reinstates, and grants a petition for rulemaking filed by Cadillac Telecasting, Co., licensee of station WFUP(TV), to add DTV channel 45 at Vanderbilt.
Television Broadcasting Services; Wittenberg, WI
Document Number: E8-24291
Type: Rule
Date: 2008-10-15
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Davis Television Wausau, LLC, licensee of station WFXS(TV), to substitute DTV channel 31 for DTV channel 50 at Wittenberg, Wisconsin.
Television Broadcasting Services; Greenville, NC
Document Number: E8-24290
Type: Rule
Date: 2008-10-15
Agency: Federal Communications Commission, Agencies and Commissions
The Commission grants a petition for rulemaking filed by Esteem Broadcasting of North Carolina, LLC, licensee of station WYDO- DT, to substitute DTV channel 47 for DTV channel 14 at Greenville, North Carolina.
Approval and Promulgation of Implementation Plans; Alaska; Interstate Transport of Pollution
Document Number: E8-24279
Type: Rule
Date: 2008-10-15
Agency: Environmental Protection Agency
EPA is approving the actions of the Alaska Department of Environmental Conservation (ADEC) to address the provisions of Clean Air Act section 110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). These provisions require each state to submit a State Implementation Plan (SIP) revision that prohibits emissions that adversely affect another state's air quality through interstate transport. ADEC has adequately addressed the four distinct elements related to the impact of interstate transport of air pollutants for the state of Alaska. These include prohibiting emissions that contribute significantly to nonattainment of the NAAQS in another state, interfere with maintenance of the NAAQS by another state, interfere with plans in another state to prevent significant deterioration of air quality, or interfere with efforts of another state to protect visibility.
Approval and Promulgation of Implementation Plans; Alaska; Interstate Transport of Pollution
Document Number: E8-24278
Type: Proposed Rule
Date: 2008-10-15
Agency: Environmental Protection Agency
EPA is proposing to approve the action of the Alaska Department of Environmental Conservation (ADEC) to address the provisions of Clean Air Act section 110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). These provisions require each state to submit a State Implementation Plan (SIP) revision that prohibits emissions that adversely affect another state's air quality through interstate transport. EPA is proposing to approve ADEC's SIP revision because it adequately addresses the four distinct elements related to the impact of interstate transport of air pollutants for the state of Alaska. These include prohibiting emissions that contribute significantly to nonattainment of the NAAQS in another state, interfere with maintenance of the NAAQS by another state, interfere with plans in another state to prevent significant deterioration of air quality, or interfere with efforts of another state to protect visibility.
Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
Document Number: E8-24111
Type: Rule
Date: 2008-10-15
Agency: Department of Transportation, Federal Aviation Administration
This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.
Airspace Designations; Incorporation by Reference
Document Number: E8-24086
Type: Rule
Date: 2008-10-15
Agency: Federal Aviation Administration, Department of Transportation
This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 relating to airspace designations to reflect the approval by the Director of the Federal Register of the incorporation by reference of FAA Order 7400.9S, Airspace Designations and Reporting Points. This action also explains the procedures the FAA will use to amend the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points incorporated by reference.
Thiencarbazone-methyl; Pesticide Tolerances
Document Number: E8-24040
Type: Rule
Date: 2008-10-15
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of thiencarbazone-methyl [methyl 4-[[[(4,5-dihydro-3-methoxy-4-methyl-5- oxo-1H-1,2,4-triazol-1-yl)-carbonyl]amino]sulfonyl]-5-methyl- 3- thiophenecarboxylate], per se, in or on field corn, pop corn, sweet corn, and wheat; combined residues of thiencarbazone-methyl and its metabolite BYH 18636-MMT [5-methoxy-4-methyl-2,4-dihydro-3H-1,2,4- triazol-3-one], calculated as the parent compound, in or on livestock commodities; and indirect or inadvertent combined residues of thiencarbazone-methyl and its metabolite BYH 18636-MMT-glucoside [2- hexopyranosyl-5-methoxy-4-methyl-2,4-dihydro-3H-1,2,4-triazol -3-one], calculated as the parent compound, in or on soybeans. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Cyprosulfamide; Pesticide Tolerances
Document Number: E8-24034
Type: Rule
Date: 2008-10-15
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of the herbicide safener cyprosulfamide in or on corn, field, forage; corn, field, grain; corn, field, stover; corn, pop, grain; corn, pop, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; and corn, sweet, stover; and for combined residues of cyprosulfamide and its metabolite 4-(aminosulfonyl)-N-cyclopropylbenzamide, calculated as cyprosulfamide, in or on cattle, meat byproducts; goat, meat byproducts; horse, meat byproducts and sheep, meat byproducts. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Implementation Plans: Alabama: Approval of Revisions to the Visible Emissions Rule
Document Number: E8-24031
Type: Rule
Date: 2008-10-15
Agency: Environmental Protection Agency
EPA is taking final action to approve revisions to the Visible Emissions portion of the State Implementation Plan (SIP) submitted to EPA by the State of Alabama, via the Alabama Department of Environmental Management (ADEM), on September 11, 2003 (the ``2003 ADEM submittal''), and amended by a revision submitted to EPA on August 22, 2008 (the ``2008 ADEM amendment''). The open burning portion of the State of Alabama's 2003 ADEM submittal was previously approved in a separate action on March 9, 2006 (71 FR 12138) and is not relevant to this action. These revisions amend the requirements for units that are required to operate continuous opacity monitoring systems (COMS) and that are not subject to any opacity limits other than those of the Alabama SIP.
Public Health and Environmental Radiation Protection Standards for Yucca Mountain, Nevada
Document Number: E8-23754
Type: Rule
Date: 2008-10-15
Agency: Environmental Protection Agency
We, the Environmental Protection Agency (EPA), are promulgating amendments to our public health and safety standards for radioactive material stored or disposed of in the potential repository at Yucca Mountain, Nevada. Congress directed us to develop these standards and required us to contract with the National Academy of Sciences (NAS) to conduct a study to provide findings and recommendations on reasonable standards for protection of the public health and safety. The health and safety standards promulgated by EPA are to be ``based upon and consistent with'' the findings and recommendations of NAS. Originally, these standards were promulgated on June 13, 2001 (66 FR 32074) (the 2001 standards). On July 9, 2004, the U.S. Court of Appeals for the District of Columbia Circuit vacated portions of the 2001 standards concerning the period of time for which compliance must be demonstrated. The Court ruled that the compliance period of 10,000 years was not ``based upon and consistent with'' the findings and recommendations of the NAS and remanded those portions of the standards to EPA for revision. These remanded provisions are the subject of this action. This final rule incorporates compliance criteria applicable at different times for protection of individuals and in circumstances involving human intrusion into the repository. Compliance will be judged against a standard of 150 microsieverts per year ([mu]Sv/yr) (15 millirem per year (mrem/yr)) committed effective dose equivalent (CEDE) at times up to 10,000 years after disposal and against a standard of 1 millisievert per year (mSv/yr) (100 mrem/yr) CEDE at times after 10,000 years and up to 1 million years after disposal. This final rule also includes several supporting provisions affecting the projections of expected disposal system performance prepared by the Department of Energy (DOE).
Implementation of the National Environmental Policy Act (NEPA) of 1969
Document Number: E8-23474
Type: Rule
Date: 2008-10-15
Agency: Office of the Secretary, Department of the Interior
The Department of the Interior (Department) is amending its regulations by adding a new part to codify its procedures for implementing the National Environmental Policy Act (NEPA), which are currently located in chapters 1-6 of Part 516 of the Departmental Manual (DM). This rule contains Departmental policies and procedures for compliance with NEPA, Executive Order (E.O.) 11514, E.O. 13352 and the Council on Environmental Quality's (CEQ) regulations (40 CFR Parts 1500-1508). Department officials will use this rule in conjunction with and supplementary to these authorities. The Department believes that codifying the procedures in regulations that are consistent with NEPA and the CEQ regulations will provide greater visibility to that which was previously contained in the DM and enhance cooperative conservation by highlighting opportunities for public engagement and input in the NEPA process. The Department will continue to maintain Department's information and explanatory guidance pertaining to NEPA in the DM and Environmental Statement Memoranda (ESM) to assist bureaus in complying with NEPA. Bureau-specific NEPA procedures remain in 516 DM Chapters 8-15 and bureau guidance in explanatory and informational directives. Maintaining explanatory information in the Department's DM chapters and ESM, and bureau-specific explanatory and informational directives will facilitate timely responses to new ideas, new information, procedural interpretations, training needs, and editorial changes to assist field offices when implementing the NEPA process.
Rural Development Grants
Document Number: E8-23286
Type: Proposed Rule
Date: 2008-10-15
Agency: Department of Agriculture, Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service
Rural Development, a mission area within the U.S. Department of Agriculture, is proposing a unified grant platform for enhanced delivery of eight existing Rural Development grant programsCommunity Facility; Distance Learning and Telemedicine; Economic Impact Initiatives; Renewable Energy Systems and Energy Efficiency Improvement Projects; Rural Cooperative Development; Tribal College; Value-Added Producer; and Water and Waste Disposal Facilities. This proposed rule would eliminate or revise the grant regulations for the eight existing programs and consolidate them under a new, single regulation.
Modification of Class E Airspace; Culpeper, VA; Removal of Class E Airspace; Pelham Lake, VA
Document Number: E8-22467
Type: Rule
Date: 2008-10-15
Agency: Federal Aviation Administration, Department of Transportation
This action modifies and restores Class E airspace that had inadvertently been omitted at Culpeper, VA. Additionally, this action transfers airspace listed under Pelham Lake, VA to that listed under Culpeper, VA, more appropriately identifying its official location. This rule increases the safety and management of the National Airspace System (NAS) around the Culpeper Regional Airport and the Culpeper Memorial Hospital Heliport.
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