Department of Agriculture 2023 – Federal Register Recent Federal Regulation Documents
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Establishing the Summer EBT Program and Rural Non-Congregate Option in the Summer Meal Programs
The Consolidated Appropriations Act, 2023 requires the Secretary of Agriculture to make available an option to States to provide summer meals for non-congregate meal service in rural areas with no congregate meal service and to establish a permanent summer electronic benefits transfer for children program (Summer EBT) for the purpose of ensuring continued access to food when school is not in session for the summer. This interim final rule amends the Summer Food Service Program (SFSP) and the National School Lunch Program's Seamless Summer Option (SSO) regulations to codify the flexibility for rural program operators to provide non-congregate meal service in the SFSP and SSO, collectively referred to as the summer meal programs. This rule also establishes regulations and codifies the Summer EBT Program in the Code of Federal Regulations.
Milk in the Northeast and Other Marketing Areas; Notice of Hearing on Proposed Amendments to Marketing Agreements and Orders
This notice announces the reconvening of the national public hearing which began on August 23, 2023, in Carmel, Indiana, to consider and take evidence on proposals to amend the pricing formulas in the 11 Federal Milk Marketing Orders (FMMOs).
Notice of Intent To Prepare an Environmental Impact Statement for the Rattlesnake Creek Watershed Plan, in Stafford, Pratt, Rice, Reno, and Edwards Counties, Kansas
The Natural Resources Conservation Service (NRCS) Kansas State Office in cooperation with U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), Environmental Protection Agency (EPA), Kansas Department of Health and the Environment (KDHE), Kansas Department of Agriculture (KDA), and Big Bend Groundwater Management District 5 (GMD-5) (project sponsor), announces its intent to prepare a watershed plan and EIS for the Rattlesnake Creek Watershed Plan, in Stafford County, KS. The proposed watershed plan will examine alternative solutions for GMD-5 to provide agricultural water management measures to Rattlesnake Creek and Quivira National Wildlife Refuge (NWR). NRCS is requesting comments to identify significant issues, potential alternatives, information, and analysis relevant to the proposed action from all interested individuals, Federal and State agencies, and Tribes.
Agency Information Collection Activities; USDA Generic Solution for Solicitation for Funding Opportunity Announcement
In compliance with the Paperwork Reduction Act, the U.S. Department of Agriculture (USDA) is requesting comments concerning authorization to revise the approved USDA Generic Solution for Solicitation for Funding Opportunity Announcement information collection request (ICR). This is a revision request. We are revising the ICR to cover the additional use across USDA agencies for grants, agreements, and other Federal financial assistance programs.
National Organic Program (NOP); Organic Livestock and Poultry Standards; Correction
The Agricultural Marketing Service (AMS) is correcting non- substantive errors in the regulatory text of the Organic Livestock and Poultry Standards (OLPS) final rule published on November 2, 2023. The corrections are intended to improve readability and clarity.
Marketing Order for Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida
This rulemaking amends Marketing Order 905, which regulates the handling of oranges, grapefruit, tangerines, and pummelos grown in Florida. The amendments reduce the size of the Citrus Administrative Committee (Committee), lower the quorum requirements, revise the nomination and selection processes, and remove the requirement to allocate committee seats based on volume from each district. A new section will provide the Committee authority to receive voluntary contributions for promotion and research projects. Also, conforming changes were made to help align the marketing order with the amendments.
Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate
This proposed rule would implement a recommendation from the California Date Administrative Committee (Committee) to decrease the assessment rate established for the 2023-2024 and subsequent crop years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Debt Management; Administrative Updates
This final rule amends the U.S. Department of Agriculture's debt management regulations by making two minor clarifying changes pertaining to entities or programs to which some or all of the regulations do not apply.
Codex Alimentarius Commission: Meeting of the Codex Committee on Food Hygiene
The U.S. Codex Office is sponsoring a public meeting on February 5, 2024. The objective of the public meeting is to provide information and receive public comments on agenda items and draft U.S. positions to be discussed at the 54th Session of the Codex Committee on Food Hygiene (CCFH) of the Codex Alimentarius Commission (CAC). CCFH54 will be held in Nairobi, Kenya, from March 11-March 15, 2024. The U.S. Manager for Codex Alimentarius and the Under Secretary for Trade and Foreign Agricultural Affairs recognize the importance of providing interested parties the opportunity to obtain background information on the 54th Session of the CCFH and to address items on the agenda.
Movement of Organisms Modified or Produced Through Genetic Engineering; Notice of Proposed Exemptions; Reopening of Comment Period
We are reopening the comment period for our notice that proposes to add five new types of genetic modifications a plant can contain and be exempt from the regulations for the movement of organisms modified or produced through genetic engineering because such modifications could otherwise be achieved through conventional breeding methods. This action will allow interested persons additional time to prepare and submit comments.
Notice of Solicitation for the Agricultural Policy Advisory Committee (APAC) and the Related Agricultural Technical Advisory Committees (ATACs) for Trade and Continuation of Requests for Nominations for the Agricultural Trade Advisory Committees
Pursuant to section 135 of the Trade Act of 1974 and the Federal Advisory Committee Act, as amended, notice is hereby given that the Secretary of Agriculture (Secretary), in coordination with the United States Trade Representative (Trade Representative or USTR), is soliciting nominations for the Agricultural Policy Advisory Committee (APAC) and the related Agricultural Technical Advisory Committees (ATACs) for Trade to provide detailed policy and technical advice, information, and recommendations regarding trade barriers, negotiation of trade agreements, and implementation of existing trade agreements affecting food and agricultural products, including the performance of other advisory functions relevant to U.S. agricultural trade policy matters. The Foreign Agricultural Service (FAS) continues to welcome nominations for persons to serve on APAC and ATACs. The APAC and ATACs charters were renewed on June 13, 2023, and the committees are in the public interest in connection with the duties of USDA imposed by the Trade Act of 1974, as amended.
Ouachita National Forest, Scott and Sebastian Counties, Arkansas; Heavener Coal Leasing Project; Environmental Impact Statement
The USDA Forest Service (FS) is preparing an environmental impact statement (EIS) as the lead Federal agency with support from Federal cooperating agencies, the U.S. Department of Interior (DOI) Bureau of Land Management (BLM) and Office of Surface Mining Reclamation and Enforcement (OSMRE). The purpose of the analysis is to respond to a Federal coal Lease by Application (LBA) submitted to the BLM from the Emera Corporation on behalf of Ouro Mining Inc. The application seeks approval to access and recover Federal metallurgical coal resources from approximately 3,077 acres that underly lands on the Ouachita National Forest (ONF). No surface mining is proposed on National Forest System (NFS) lands. The FS and BLM have consent and leasing determinations to be made based in association with this EIS. The OSMRE does not have a decision to be made at this time but may tier to this analysis in the future.
Urban Agriculture and Innovative Production Advisory Committee Meeting
The Natural Resources Conservation Service (NRCS) will hold a public meeting of the Urban Agriculture and Innovative Production Advisory Committee (UAIPAC). UAIPAC will convene to discuss proposed recommendations for the Secretary of Agriculture on the development of policies and outreach relating to urban, indoor, and other emerging agriculture production practices. UAIPAC is authorized under the Agriculture Improvement Act of 2018 (2018 Farm Bill) and operates in compliance with the Federal Advisory Committee Act, as amended.
2024 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees
FSIS is announcing the 2024 rates it will charge meat, poultry, and egg products establishments, and importers and exporters for providing voluntary, overtime, and holiday inspection and identification, certification, and laboratory services. Additionally, FSIS is announcing that there will be no changes to the fee FSIS assesses to exporters that choose to apply for export certificates electronically through the export component of the Agency's Public Health Information System. The 2024 basetime, overtime, holiday, and laboratory services rates will be applied on January 14, 2024.
Codex Alimentarius Commission: Meeting of the Codex Committee on Fats and Oils
The U.S. Codex Office is sponsoring a public meeting on January 23, 2024. The objective of the public meeting is to provide information and receive public comments on agenda items and draft U.S. positions to be discussed at the 28th Session of the Codex Committee on Fats and Oils (CCFO28) of the Codex Alimentarius Commission (CAC). CCFO28 will be held in Kuala Lumpur, Malaysia, from February 19-23, 2024. The U.S. Manager for Codex Alimentarius and the Under Secretary for Trade and Foreign Agricultural Affairs recognize the importance of providing interested parties the opportunity to obtain background information on the 28th Session of the CCFO and to address items on the agenda.
Notice of Request for an Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget for an extension of and revision to the currently approved information collection Cotton Classification and Market News Service.
Information Collection Request; County Committee Elections
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and entities on an extension of a currently approved information collection associated with FSA county committee elections. The collection of information from FSA farmers and ranchers is used to receive nominations from eligible voters for the FSA county committee.
Land Management Plan Direction for Old-Growth Forest Conditions Across the National Forest System
The United States Department of Agriculture (Department) is proposing to amend all land management plans for units of the National Forest System (128 plans in total) to include consistent direction to conserve and steward existing and recruit future old-growth forest conditions and to monitor their condition across planning areas of the National Forest System. The intent is to foster the long-term resilience of old-growth forest conditions and their contributions to ecological integrity across the National Forest System. This notice initiates a scoping period on a preliminary proposed action and advises the public that the Department is preparing an environmental impact statement to evaluate the effects of amending the 128 land management plans.
Northwest Forest Plan Area Advisory Committee; Notice of Meeting
The Northwest Forest Plan Advisory Committee will hold a public meeting according to the details shown below. The Committee is authorized under the National Forest Management Act (the Act) and operates in compliance with the Federal Advisory Committee Act (FACA). The purpose of the Committee is to provide advice and pragmatic recommendations regarding potential regional scale land management planning approaches and solutions within the Northwest Forest Plan Area within the context of the 2012 planning rule.
Agency Information Collection Activities: 2024-2025 National School Foods Study
In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a new collection that combines the School Nutrition and Meal Cost Study-II (SNMCS-II), School Food Purchase Study-IV (SFPS-IV), and a second Fresh Fruit and Vegetable Program Evaluation (FFVP-II) into one coordinated effort named the 2024-2025 National School Foods Study. The purpose of this combined effort is to reduce overall burden for respondents across the three studies and provide a comprehensive picture of the school- based child nutrition (CN) programs in the 2024-2025 school year.
Provisions To Improve the Supplemental Nutrition Assistance Program's Quality Control System
The U.S. Department of Agriculture proposed to make changes to the Supplemental Nutrition Assistance Program's Quality Control (SNAP QC) system to strengthen and improve the integrity and accuracy of the system and to better align SNAP QC with requirements in the Payment Integrity Information Act of 2019 (PIIA). When published, the proposed rule included an incorrect email address for comments; the reopening of the comment period is intended to allow additional time for the public to submit comments in the event the original comment submission was returned as undeliverable due to the incorrect email address.
Notice of Funding Opportunity for the Community Connect Grant Program for Fiscal Year 2023
The Rural Utilities Service (RUS or the Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), published a Notice of Funding Opportunity (NOFO) in the Federal Register on March 20, 2023, to announce the acceptance of applications under the Community Connect Grant (CCG) program for Fiscal Year 2023. The NOFO also announced the availability of approximately $79 million for FY 2023 that would be made available to eligible applicants to construct broadband networks that provide service on a community-oriented connectivity basis in rural areas. This correction notice is amending the definition of an Eligible Service Area and announcing an extension of the application window until February 20, 2024. Existing and new applicants should refer to the SUPPLEMENTARY INFORMATION section of this notice for additional guidelines on being considered for funding under this opportunity and the public notice requirement that applies.
Request for Information on Agricultural Foreign Investment Disclosure Act (AFIDA) FSA-153 Form Modernization and Information Collection Request
The Farm Service Agency (FSA) is requesting information on proposed revisions to the Agricultural Foreign Investment Disclosure Act Report (FSA-153 form). The FSA-153 requires updating. Specifically, the FSA-153 form needs clarification and updating to ensure that foreign owners (or long-term lessees) who are required to file the FSA- 153 form have clear instructions and that USDA is collecting the most precise and meaningful data, so that the report to Congress is as accurate and insightful as possible. Foreign owners are investors who buy, sell, or hold a direct or indirect interest in U.S. agricultural land (or who hold long-term leases on agricultural land) and must report their holdings and transactions to USDA on the FSA-153 form. USDA uses the information on the submitted forms to generate the report that it submits to Congress. FSA is moving towards modernizing the collection of information process, clarifying and modernizing the FSA- 153 form, and if funding becomes available, creating an electronic submission system that will allow foreign owners to report by filing electronically. In addition, this document requests public input for our plan to revise not only the information request, but ultimately, the regulation (which will likely result in further modifications at a later date to the FSA-153 form).
Intent To Establish Secure Rural Schools Resource Advisory Committee and Solicitation of Nominations for Membership for Secure Rural Schools Resource Advisory Committee
In accordance with the Secure Rural Schools (SRS) and Community Self-Determination Act of 2000 as amended, codified in Agricultural Improvement Act of 2018, and the Federal Advisory Committee Act (FACA), as amended, the United States Department of Agriculture announces its intent to renew the charter for 80 Secure Rural Schools Resource Advisory Committees (RACs) and establish six new RACs through merger/consolidation. The Secure Rural Schools Advisory Committees will advise the Secretary of Agriculture on proposed recommendations and other such matters as the Secretary determines. The Secure Rural Schools Resource Advisory Committees will be governed by the provisions of FACA. Duration of Secure Rural Schools Resource Advisory Committees are for two years unless renewed by the Secretary, USDA. This notice also solicits nominations for membership on the Secure Rural Schools Resource Advisory Committees.
Region 5 and Region 6; California, Oregon, and Washington; Forest Plan Amendment for Planning and Management of Northwest Forests Within the Range of the Northern Spotted Owl
The Pacific Northwest and Pacific Southwest Regions of the Forest Service, USDA, are proposing to amend the 1994 Northwest Forest Plan (NWFP). The amendment would apply to those Forest Service units, or parts thereof, with land management plans amended in 1994 by the NWFP or with land management plans developed later to include provisions of the NWFP. Units in the Pacific Northwest Region (Region 6) include: Deschutes National Forest, Fremont-Winema National Forest, Gifford Pinchot National Forest, Mt. Baker-Snoqualmie National Forest, Mt. Hood National Forest, Okanogan-Wenatchee National Forest, Olympic National Forest, Rogue River-Siskiyou National Forest, Siuslaw National Forest, Umpqua National Forest, and Willamette National Forest. Units in the Pacific Southwest Region (Region 5) include: Klamath National Forest and Butte Valley National Grassland, Lassen National Forest, Mendocino National Forest, Modoc National Forest, Six Rivers National Forest, and Shasta-Trinity National Forest. This notice initiates a scoping period on a preliminary proposed action and advises the public that the Forest Service is preparing an Environmental Impact Statement (EIS) to evaluate the effects of amending the Northwest Forest Plan.
Intent To Reestablish the Black Hills National Forest Advisory Board and Solicitation of Nominations for Membership for the Black Hills National Forest Advisory Board AGENCY: Forest Service, Agriculture (USDA).
In accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 (RPA), the National Forest Management Act of 1976 (NFMA), the Federal Lands Recreation Enhancement Act (REA), and the Federal Advisory Committee Act (FACA), the United States Department of Agriculture announces its intent through its Secretary to reestablish the Black Hills National Forest Advisory Board. The Black Hills National Forest Advisory Board will advise the Secretary of Agriculture on programmatic forest issues and project level issues that have forest-wide implications. The Black Hills National Forest Advisory Board will be governed by the provisions of FACA. Duration of the Black Hills National Forest Advisory Board is for two years unless renewed by the Secretary, USDA. This notice also solicits nominations for membership on the Black Hills National Forest Advisory Board.
Proposed New Recreation Fee Sites
The Ouachita National Forest is proposing to establish several new recreation fee sites. Recreation fee revenues collected at the new recreation fee sites would be used for operation, maintenance, and improvement of the sites. An analysis of nearby recreation fee sites with similar amenities shows the recreation fees that would be charged at the new recreation fee sites are reasonable and typical of similar recreation fee sites in the area.
Proposed New Recreation Fee Sites
The Salmon-Challis National Forest is proposing to establish several new recreation fee sites. Recreation fee revenues collected at the new recreation fee sites would be used for operation, maintenance, and improvement of the sites. An analysis of nearby recreation fee sites with similar amenities shows the recreation fees that would be charged at the new recreation fee sites are reasonable and typical of similar recreation fee sites in the area.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) for an extension of and revision to the currently approved information collection 0581-0268 for the Christmas Tree Promotion, Research and Information Program.
Notice of Request for a New Information Collection: Web-Based Surveys
In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, FSIS is announcing its intention to collect information using web surveys to test new labels for safe handling of raw and partially cooked meat and poultry products. This is a new information collection with 3,550 hours.
Rural Business Development Grant (RBDG) Regulation: Tribes and Tribal Business References To Provide Equitable Access
The Rural Business Development Grant (RBDG) program is intended for governmental entities and non-profits that foster economic development, job creation and business creation in rural and Tribal communities. Eligible applicants for RBDG assistance include rural towns, communities, State agencies, authorities, nonprofit corporations, institutions of higher education, Federally recognized Tribes (https://www.bia.gov/service/tribal-leaders-directory) and cooperatives (if organized as a private nonprofit corporation). United States Department of Agriculture (USDA) intends to improve Tribal Government participation in the program. This final rule seeks to increase Tribal Government participation with programmatic amendments. This final rule responds to all comments received on the proposed rule.
Guaranteed Loanmaking and Servicing Regulations
The Rural Business- Cooperative Service (RB-CS or Agency), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), is publishing a stay of effective date for the final rule published in the Federal Register on November 24, 2023. The stay of the effective date for 60-days as provided in this notification will bring the final rule into compliance with the Congressional Review Act. This notification also corrects the reference to Executive Order 12866, Regulatory Planning and Review, which the final rule was determined to be significant.
Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions
This rulemaking serves to amend the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Program regulations by incorporating provisions of the Access to Baby Formula Act of 2022 and making related amendments. ABFA establishes waiver authority for the Secretary of Agriculture to address certain emergencies, disasters, and supply chain disruptions impacting WIC, and adds requirements to State agency infant formula cost containment contracts to protect against disruptions to the Program in the event of a recall. The provisions focus on improving State agencies' ability to ensure continuity of Program operations during emergency periods (i.e., emergencies, disasters, and public health emergencies) and supply chain disruptions, while ensuring access to Program benefits among low-income pregnant and postpartum participants, infants, and children up to 5 years of age who are at nutritional risk.
Supplemental Nutrition Assistance Program: Revision of Civil Rights Data Collection Methods
This rule finalizes provisions of a proposed rule published on June 27, 2022. With this final rule, the Food and Nutrition Service (FNS) is revising Supplemental Nutrition Assistance Program (SNAP) regulations that cover collecting and reporting race and ethnicity data by State agencies on persons receiving benefits from SNAP. This rule removes regulatory language that provides an example that State agencies might collect race and ethnicity data by observation (also referred to as ``visual observation'') when participants do not voluntarily provide the information on the application form. In addition, based on feedback from the commenters, this rule prohibits using visual observation as a data collection method for race and ethnicity. Through this rulemaking, FNS intends to improve the quality of data collected for purposes of Federal civil rights law and policy including title VI of the Civil Rights Act of 1964. USDA's Food and Nutrition Service is committed to promoting equity and inclusion through its Federal nutrition assistance programs. This regulatory change is consistent with this Administration's priorities and furthers FNS' commitment to building equitable and inclusive systems for nutrition access.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to extend its current approval from the Office of Management and Budget to collect information for eight competitive and two non-competitive AMS Grant Programs under its Grants Division. AMS TM Grant Programs is merging collection OMB 0581-0320Non-competitive Micro-Grants for Food Security Program (MGFSP). MGFSP was acquired through the enactment of the Agriculture Improvement Act of 2018 (Farm Bill).
National Organic Program (NOP); Organic Livestock and Poultry Standards; Delay of Effective Date and Update of Compliance Date
The Agricultural Marketing Service (AMS) is delaying the effective date of the Organic Livestock and Poultry Standards (OLPS) final rule, published on November 2, 2023, to meet the requirements of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act (CRA)). The CRA requires that agencies provide Congress with at least 60 days to review a major rule before it takes effect. For the OLPS final rule, AMS provided the required notice to Congress on November 13, 2023, after publication of the rule. Therefore, the published effective date did not provide 60 days for congressional review. This final rule delays the effective date of the OLPS final rule by 10 days to meet the 60-day requirement. AMS is making a technical correction to the compliance date of January 5, 2029, for indoor and outdoor stocking density requirements and soil and vegetation requirements for broiler operations to January 2, 2029. All other compliance dates of the OLPS final rule remain unchanged. Additionally, in acknowledgement of the U.S. Government Accountability Office assessment of the final rule, AMS confirms that the Administrative Pay-As-You-Go Act of 2023 does not apply to the OLPS final rule because it does not increase direct spending.
Notice of Request for an Extension and Revision to a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension and revision to the currently approved information collection entitled Cotton Classing, Testing, and Standards.
Onions Grown in Certain Designated Counties in Idaho and Malheur County, Oregon; Increased Assessment Rate
This proposed rule would implement a recommendation from the Idaho-Eastern Oregon Onion Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Black Hills National Forest Advisory Board
The Black Hills National Forest Advisory Board will hold a public meeting according to the details shown below. The Board is authorized under the Forest and Rangeland Renewable Resources Planning Act of 1974, the National Forest Management Act of 1976, the Federal Lands Recreation Enhancement Act, and operates in compliance with the Federal Advisory Committee Act (FACA). The purpose of the Board is to provide advice and recommendations on a broad range of forest issues such as forest plan revisions or amendments, forest health including fire, insect and disease, travel management, forest monitoring and evaluation, recreation fees, and site-specific projects having forest- wide implications.
Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this document announces the Agricultural Marketing Service's (AMS) intention to request an extension to currently approved forms used by importers of commodities that are exempt from section 8e import regulations.
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the Department of Agriculture (USDA), Farm Service Agency (FSA) has submitted a Generic Information Collection Request (Generic ICR): ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' to OMB for approval under the Paperwork Reduction Act (PRA).
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