National Oceanic and Atmospheric Administration 2008 – Federal Register Recent Federal Regulation Documents
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Proposed Information Collection; Comment Request; NOAA Customer Surveys
The Department of Commerce, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Correction
This document corrects information regarding a fishery closure.
Federal Consistency Appeal by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, L.L.C.
This announcement provides notice that the decision record has been closed for an administrative appeal filed with the Department of Commerce by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, L.L.C. (collectively, AES).
Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Navy Training Operations Conducted within the Virginia Capes and Jacksonville Range Complexes
NMFS has received requests from the U.S. Navy (Navy) for authorizations for the take of marine mammals incidental to training operations conducted within the Virginia Capes (VACAPES) Range Complex and the Jacksonville (JAX) Range Complex for the period beginning April 28, 2009 and ending April 27, 2014. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's requests for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's applications and requests.
Pacific Halibut Fisheries; Subsistence Fishing
NMFS proposes regulations to amend the subsistence fishery rules for Pacific halibut in waters in and off Alaska. These regulations are necessary to address subsistence halibut management concerns in densely populated areas. This action is intended to support the conservation and management provisions of the Northern Pacific Halibut Act of 1982.
International Whaling Commission; 60th Annual Meeting; Announcement of Public Meeting
This notice announces the date, time, and location of the public meeting being held prior to the 60th annual International Whaling Commission (IWC) meeting.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
NMFS proposes a regulation to implement the annual harvest guideline (HG) for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2008, through December 31, 2008. This HG has been determined according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific sardine off the Pacific coast.
Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Naval Surface Warfare Center Panama City Division Mission Activities
NMFS has received requests from the U.S. Navy (Navy) for authorizations for the take of marine mammals incidental to Naval Surface Warfare Center Panama City Division (NSWC PCD) mission activities for the period beginning July 10, 2009 and ending July 9, 2014. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's requests for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's applications and requests.
U.S. Climate Change Science Program Synthesis and Assessment Product Draft Report 1.3 “Re-analyses of Historical Climate Data for Key Atmospheric Features. Implications for Attribution of Causes of Observed Change”
The National Oceanic and Atmospheric Administration publishes this notice to announce a 45-day public comment period for the draft report titled, U.S. Climate Change Science Program Synthesis and Assessment Product 1.3 ``Re-analyses of historical climate data for key atmospheric features. Implications for attribution of causes of observed change.'' This draft report is being released solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by NOAA. It does not represent and should not be construed to represent any Agency policy or determination. After consideration of comments received on the draft report, a revised version along with the comments received will be published on the CCSP web site.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 11
NMFS is implementing approved measures contained in Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), developed by the New England Fishery Management Council (Council). Amendment 11 was developed by the Council to control the capacity of the open access general category fleet. Amendment 11 establishes a new management program for the general category scallop fishery, including a limited access program with individual fishing quotas (IFQs) for qualified general category vessels, a specific allocation for general category fisheries, and other measures to improve management of the general category scallop fishery.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council will convene a meeting of its Ecosystem Scientific and Statistical Committee (SSC) and Ad Hoc Marine Reserve Scientific and Statistical Committee (ADMRSSC) in Tampa, FL on May 6 & 7, 2008.
Notice of Availability of a Draft Environmental Impact Statement and Habitat Conservation Plan
This notice announces the availability of the Draft Environmental Impact Statement (DEIS) and draft habitat conservation plan (HCP) for public review and comment. The City of Portland (City) has submitted an application to the National Marine Fisheries Service (NMFS) for an incidental take permit under section 10 of the Endangered Species Act (ESA) of 1973 as amended. The HCP also serves as the basis of an application to NMFS that they take steps under the ESA to limit the application of the prohibition against take of listed salmon and steelhead so that it does not apply to the continued operation and maintenance of the Bull Run water supply system.
Atlantic Highly Migratory Species; Renewal of Atlantic Tunas Longline Limited Access Permits; and, Atlantic Shark Dealer Workshop Attendance Requirements
This proposed rule would amend the regulations governing the renewal of Atlantic tunas longline limited access permits (LAPs) and amend the workshop attendance requirements for businesses issued Atlantic shark dealer permits. Specifically, the proposed regulatory changes would allow for the renewal of Atlantic tunas longline LAPs that have been expired for more than one year, if the most recent permit holder of record originally qualified for the Atlantic tunas LAP, or if the most recent permit holder of record subsequently obtained a permit by transfer, and has maintained the associated swordfish and shark LAPs through timely renewal. Also, this rule proposes to amend the Atlantic Shark Identification Workshop requirements by: specifying that a workshop certificate be submitted and displayed for each place of business listed on the dealer permit which first receives Atlantic sharks by way of purchase, barter, or trade, rather than from each location listed on their dealer permit; and requiring that a copy of a valid workshop certificate be possessed in a truck or other conveyance serving as an extension of a dealer's business.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (< 18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the B season apportionment of the 2008 total allowable catch (TAC) of Pacific cod to be harvested.
Endangered and Threatened Species; Notice of Finding on a Petition to List the Lynn Canal Population of Pacific Herring as a Threatened or Endangered Species
We, NMFS, announce a 12-month finding on a petition to list Lynn Canal Pacific Herring (Clupea pallasi) as a threatened or endangered Species under the Endangered Species Act (ESA). After a formal review of the best available scientific and commercial information, we find that listing Lynn Canal Pacific herring as threatened or endangered under the ESA is not warranted because this population does not constitute a species, subspecies, or distinct population segment (DPS) under the ESA. However, the Lynn Canal population is part of a larger DPS of Pacific herring that may warrant listing under the ESA, and, therefore, we initiate a status review to evaluate its status.
Pacific Whiting; Joint Management Committee and Scientific Review Group
NMFS is soliciting nominations for two advisory groups called for in the Pacific Whiting Act of 2006 (Act). Nominations received pursuant to this notice will be used to appoint one U.S. offshore whiting commercial sector representative to the Joint Management Committee and two U.S. representatives to the Scientific Review Group.
Taking and importing of Endangered Species; Taking of Sea Turtles Incidental to Power Plant Operations
NMFS received seven applications for individual incidental take permits under the Endangered Species Act of 1973, as amended (ESA) from power generating stations located on the coast of southern California for the entrainment of sea turtles incidental to routine operations associated with power plant operations. As a result of these applications, NMFS is considering whether to issue the permits in accordance with the ESA authorizing the incidental taking of endangered species. In order to issue the permits, NMFS must determine that these takings will not appreciably reduce the likelihood of survival and recovery for the species and that habitat conservation plans meet the requirements of the ESA. NMFS provides this notice to allow public comment on the applications and conservation plans. NMFS also seeks additional commercial and scientific data relevant to the documents.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to a U.S. Navy Shock Trial
NMFS has received a request from the U.S. Navy (Navy) for an authorization for the taking of marine mammals incidental to conducting a Full Ship Shock Trial (FSST) of the MESA VERDE (LPD 19) in the offshore waters of the Atlantic Ocean off Mayport, FL. By this document, NMFS is proposing regulations to govern that take. In order to issue final regulations governing the take and Letters of Authorization (LOAs) thereunder, NMFS must determine that the total taking will have a negligible impact on the affected species or stocks of marine mammals. NMFS regulations must set forth the permissible methods of take and other means of effecting the least practicable adverse impact on the affected species or stocks of marine mammals and their habitat, as well as monitoring and reporting requirements. NMFS invites comment on the proposed regulations and findings.
NOAA Bay Watershed Education and Training (B-WET) Program; Correction
This notice corrects an error contained in the notice published in the Federal Register on March 17th, 2008. That notice announced the Bay Watershed Education and Training (B-WET) Program competition and contained incorrect dates.
Proposed Information Collection; Comment Request; Permits for Incidental Taking of Endangered or Threatened Species
The Department of Commerce, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish, Pacific Ocean Perch, and Pelagic Shelf Rockfish in the Western Regulatory Area and West Yakutat District of the Gulf of Alaska
NMFS is prohibiting directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher vessels subject to sideboard limits established under the Central GOA Rockfish Program in the Western Regulatory Area and West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the sideboard limits of northern rockfish, Pacific ocean perch, and pelagic shelf rockfish established for catcher vessels in the Western Regulatory Area and West Yakutat District of the GOA.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2008 Georges Bank Cod Fixed Gear Sector Operations Plan and Agreement, and Allocation of Georges Bank Cod Total Allowable Catch
This final rule implements the Georges Bank (GB) Cod Fixed Gear Sector (Fixed Gear Sector) Fishing Year (FY) 2008 Operations Plan and Agreement, approved by the Administrator, Northeast (NE) Region, NMFS (Regional Administrator), and allocates a hard total allowable catch (TAC) of GB cod to the Fixed Gear Sector. Framework 42 (FW 42) to the NE Multispecies Fishery Management Plan (FMP) authorized allocation of up to 20 percent of the annual GB cod TAC to the Fixed Gear Sector. Pursuant to that authorization, the Fixed Gear Sector submitted an Operations Plan and Sector Contract entitled, ``Georges Bank Cod Fixed Gear Sector Fishing Year 2008-2009 Operations Plan and Agreement'' (together referred to as the Sector Agreement) and an Environmental Assessment (EA), and requested an allocation of GB cod, consistent with the FMP. This action results in authorization of the Sector Operations Plan for FY 2008 and allocation of 1,430 mt of GB cod to the Sector.
Western Pacific Fishery Management Council; Public Meeting
The Western Pacific Fishery Management Council (Council) will hold meetings of its Pelagics Plan Team (PPT), in Honolulu, HI, to discuss fishery issues and develop recommendations for future management.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council's (Council) Herring Advisory Panel will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Caribbean Fishery Management Council (CFMC); Public Meeting
CFMC will host a meeting of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors on May 6-9, 2008. The intent of this meeting is to discuss issues of relevance to the Councils, including FY 2008 budget allocations, implementation of provisions from the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA), and scientific fisheries research activities, among others.
Marine Mammals; File No. 10014-01
Notice is hereby given that the New Jersey Department of Environmental Protection (NJDEP), Division of Science, Research and Technology, P.O. Box 409, Trenton, NJ 08625-0409, has applied in due form for an amendment to their Permit No. 10014 to allow them to take additional marine mammals during surveys for purposes of scientific research.
Notice of Proposed Revision to Guidelines for Coastal and Estuarine Land Conservation Program
Notice is hereby given that NOAA is planning to update and revise its Guidelines for the Coastal and Estuarine Land Conservation Program (CELCP) after five years implementing the program under these guidelines. This notice invites interested parties to provide comments or suggestions to NOAA for consideration in updating the CELCP guidelines.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations; Correction
This document contains a correction to the final rule to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP) that was published in the Federal Register, Friday, October 5, 2007.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by trawl catcher vessels in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season allowance of the 2008 Pacific cod allowable catch (TAC) specified for trawl catcher vessels in the BSAI.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel by Vessels in the Amendment 80 Limited Access Fishery in the Western Aleutian District of the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Atka mackerel for vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2008 Atka mackerel allowable catch (TAC) specified for vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the BSAI.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 30A
NMFS issues this proposed rule that would implement Amendment 30A to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would establish accountability measures for the commercial and recreational fisheries for greater amberjack and gray triggerfish, establish commercial quotas for greater amberjack and gray triggerfish, establish a recreational quota for greater amberjack and recreational catch limits for gray triggerfish, increase the commercial and recreational minimum size limit for gray triggerfish, increase the recreational minimum size limit for greater amberjack, and reduce the greater amberjack bag limit to zero for captain and crew of a vessel operating as a charter vessel or headboat. In addition, Amendment 30A would establish management targets and thresholds for gray triggerfish consistent with the requirements of the Sustainable Fisheries Act. This proposed rule is intended to end overfishing of greater amberjack and gray triggerfish and to rebuild these stocks to sustainable levels.
Fisheries Off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit (EFP)
NMFS announces the receipt of two exempted fishing permit (EFP) applications, and the intent to issue EFPs for vessels participating in the EFP fisheries. The EFPs are necessary to allow activities that are otherwise prohibited by Federal regulations. The EFPs will be effective no earlier than May 1, 2008, and would expire no later than December 31, 2008, but could be terminated earlier under terms and conditions of the EFPs and other applicable laws.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council (Council)-Meeting of the Shrimp Review Panel
The South Atlantic Fishery Management Council will hold a meeting of its Shrimp Review Panel via conference call.
Endangered and Threatened Species; Designation of Critical Habitat for North Pacific Right Whale
We, NMFS, designate critical habitat for the North Pacific right whale in this rulemaking. The North Pacific right whale was recently listed as a separate, endangered species, and because this was a newly listed entity, we were required to designate critical habitat for it.
Endangered and Threatened Wildlife; Sea Turtle Conservation
NMFS issues this final rule to clarify the existing sea turtle conservation requirements for sea scallop dredge vessels entering waters south of 41[deg]9.0' N. latitude from May 1 through November 30 each year and to add a transiting provision to the requirements. Any vessel with a sea scallop dredge and required to have a Federal Atlantic sea scallop fishery permit, regardless of dredge size or vessel permit category, that enters waters south of 41[deg]9.0' N. latitude, from the shoreline to the outer boundary of the Exclusive Economic Zone (EEZ) must have a chain mat on each dredge, unless the terms of the transiting provision are met. The chain-mat modified dredge is necessary to help reduce mortality and injury to endangered and threatened sea turtles in scallop dredge gear and to conserve sea turtles listed under the Endangered Species Act (ESA). This current action addresses a procedural error in the original rulemaking to require chain mats on scallop dredge gear, clarifies the existing requirements, and adds a transiting provision to the regulations. Any incidental take of threatened sea turtles in sea scallop dredge gear in compliance with this gear modification requirement and all other applicable requirements will be exempted from the ESA's take prohibition.
Schedule for Atlantic Shark Identification Workshops; Changing the Location of an Atlantic Shark Identification Workshop; Correction
Due to unanticipated construction activity at the North Tampa Branch Library, NMFS is changing the location of its April 24, 2008, Atlantic Shark Identification Workshop that published in the Federal Register on March 4, 2008. The May and June workshop locations remain unchanged. Shark dealers are required to attend a workshop to meet new regulatory requirements and maintain valid permits. The Atlantic Shark Identification Workshops are mandatory for all federally permitted Atlantic shark dealers. Additional free workshops will be held in 2008 and announced in the Federal Register.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 18
The South Atlantic Fishery Management Council (Council) intends to prepare a DEIS to assess the impacts on the natural and human environment of the management measures proposed in its revised draft Amendment 18 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP).
Proposed Information Collection; Comment Request; Atlantic Highly Migratory Species Observer Notification Requirements
The Department of Commerce, as part of its continuing effort to reduce paperwork and the respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Information Collection; Comment Request; Alaska Region Logbook Family of Forms
The Department of Commerce, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Information Collection; Comment Request; Marine Recreational Fisheries Statistics Survey
The Department of Commerce, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Information Collection; Comment Request; Coral Reef Conservation Program Administration
The Department of Commerce, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper/Grouper Resources of the South Atlantic; Withdrawal of Trip Limit Reduction
NMFS withdraws the reduction of the commercial trip limit for golden tilefish in the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive economic zone (EEZ) that was published in the Federal Register on March 28, 2008. Based on updated information, NMFS has determined that the threshold level for implementation of the trip limit will not have been reached by April 6 as originally projected.
Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Fishery Closure
NMFS is closing the commercial and non-commercial fisheries in the Main Hawaiian Islands fishery for seven deepwater bottomfish species (``Deep 7'' bottomfish) as a result of reaching the total allowable catch (TAC) for the 2007-08 fishing year.
International Fisheries; Atlantic Highly Migratory Species
NMFS proposes to modify permitting and reporting requirements for the Highly Migratory Species (HMS) International Trade Permit (ITP) to improve program efficacy and enforceability, and implement the International Commission for the Conservation of Atlantic Tunas (ICCAT) bluefin tuna catch documentation (BCD) program. The modified regulations would also require that shark fin importers, exporters, and re-exporters obtain the HMS ITP to assist NMFS in monitoring trade of shark fins, and would implement the new definition of ``import'' contained in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures
This action implements 2008 specifications and management measures for Atlantic mackerel, squid, and butterfish (MSB) and modifies existing management measures. Specifically, it clarifies gear requirements for the Loligo squid fishery, standardizes procedures for closing the Atlantic mackerel (mackerel) and butterfish fisheries, modifies incidental possession limits for mackerel and butterfish, and establishes a butterfish possession limit. These specifications and management measures promote the utilization and conservation of the MSB resource.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 9
NMFS proposes regulations to implement measures in Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP). Amendment 9 was developed by the Mid-Atlantic Fishery Management Council (Council) to remedy deficiencies in the FMP and to address other issues that have arisen since Amendment 8 to the FMP became effective in 1999. Amendment 9 would establish multi-year specifications for all four species managed under the FMP (mackerel, butterfish, Illex squid (Illex), and Loligo squid (Loligo)) for up to 3 years; extend the moratorium on entry into the Illex fishery, without a sunset provision; adopt biological reference points recommended by the Stock Assessment Review Committee (SARC) for Loligo; designate essential fish habitat (EFH) for Loligo eggs based on best available scientific information; and prohibit bottom trawling by MSB-permitted vessels in Lydonia and Oceanographer Canyons.
Marine Mammals; File No. 10084
Notice is hereby given that Sea World, Inc., 7007 Sea World Drive, Orlando, FL 32821 [Brad Andrews, Responsible Party] has been issued a permit to import one beluga whale (Delphinapterus leucas) for public display.
Marine Mammals; File No. 10095
Notice is hereby given that the North Carolina Zoological Park, 4401 Zoo Parkway, Asheboro, NC 27205, has been issued a permit to import two juvenile harbor seals (Phoca vitulina) for the purposes of public display.
Fisheries of the South Atlantic and Gulf of Mexico; South Atlantic Fishery Management Council (SAFMC); Public Meeting; Correction
The meeting scheduled for April 29-30, 2008 will be held at the Hilton Garden Inn, 5265 International Boulevard, North Charleston, SC 29418, not at 4055 Faber Place Drive as originally scheduled. The SAFMC will hold a meeting of its SSC to orient new members and introduce them to the Council system. See SUPPLEMENTARY INFORMATION.
Fisheries of the South Atlantic and Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); king mackerel; Public Meeting; Correction
The SEDAR assessments of the South Atlantic and Gulf of Mexico stocks of king mackerel will consist of a series of three workshops: a Data Workshop, an Assessment Workshop, and a Review Workshop. This is the sixteenth SEDAR. See SUPPLEMENTARY INFORMATION.
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