U.S. Customs and Border Protection – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities: NAFTA Regulations and Certificate of Origin
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: NAFTA Regulations and Certificate of Origin. This is a proposed revision and extension of an information collection that was previously approved. CBP is proposing that this information collection be revised with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (77 FR 76983) on December 9, 2011, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities: Bonded Warehouse Proprietor's Submission
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Bonded Warehouse Proprietor's Submission (CBP Form 300). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Exemptions From Entry Requirements and Report of Arrival Requirements for Certain Department of Defense Vessels and Aircraft
Certain vessels and aircraft owned or chartered by the Department of Defense (DoD) are exempt from entry requirements and, in some cases, reporting requirements upon their arrival in the United States from a foreign place. This rule proposes to expand those exemptions to include additional DoD-owned or chartered vessels and aircraft when transporting certain cargo or passengers.
Agency Information Collection Activities: Country of Origin Marking Requirements for Containers or Holders
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning Country of Origin Marking Requirements for Containers or Holders. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Kootenai Tribe of Idaho as an Acceptable Document To Denote Identity and Citizenship
This notice announces that the Commissioner of U.S. Customs and Border Protection (CBP) is designating an approved Native American Tribal Card issued by the Kootenai Tribe of Idaho (Kootenai Tribe) to U.S. and Canadian citizens as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative. The approved card may be used to denote identity and citizenship of Kootenai Tribe members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry.
Agency Information Collection Activities; Importers of Merchandise Subject to Actual Use Provisions
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning Importers of Merchandise Subject to Actual Use Provisions. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Agency Information Collection Activities: Transfer of Cargo to a Container Station
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning Transfer of Cargo to a Container Station. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Agency Information Collection Activities: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights (Part 133 of the CBP Regulations). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Agency Information Collection Activities: Passenger List/Crew List (CBP Form I-418)
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Passenger List/Crew List (CBP Form I-418). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Agency Information Collection Activities: Entry Summary
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Entry Summary (CBP Form 7501). This is a proposed revision and extension of an information collection that was previously approved. CBP is proposing that this information collection be revised and extended with a change to the burden hours and to the information collected as a result of the addition of the new proposed Document/ Payment Transmittal form. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 69277) on November 8, 2011, allowing for a 60-day comment period. One comment was received. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Notice of Availability of the Draft Programmatic Environmental Assessment for the Deployment and Operation of Low Energy X-Ray Inspection Systems at U.S. Customs and Border Protection Operational Areas
U.S. Customs and Border Protection (CBP) is advising the public that a draft Programmatic Environmental Assessment (PEA) for Low Energy X-Ray Inspection Systems (LEXRIS) at CBP operational areas has been prepared and is available for public review. The draft PEA analyzes the potential environmental impacts due to the deployment and use of LEXRIS. CBP seeks public comment on the draft PEA. CBP will consider comments before issuing a final PEA.
Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties
This notice advises the public of the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning January 1, 2012, the interest rates for overpayments will be 2 percent for corporations and 3 percent for non-corporations, and the interest rate for underpayments will be 3 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and U.S. Customs and Border Protection personnel.
Approval of Altol Petroleum Product Service, as a Commercial Gauger
Notice is hereby given that, pursuant to 19 CFR 151.13, Altol Petroleum Product Service, Calle Gregorio Ledesma HN-55 Urb. Levittown, Toa Baja, PR 00949, has been approved to gauge petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.13. Anyone wishing to employ this entity to conduct gauger services should request and receive written assurances from the entity that it is approved by the U.S. Customs and Border Protection to conduct the specific gauger service requested. Alternatively, inquiries regarding the specific gauger service this entity is approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories: https://cbp.gov/xp/cgov/import/operations support/labsscientificsvcs/commercialgaugers/.
Accreditation of Intertek USA, Inc., as a Commercial Laboratory
Notice is hereby given that, pursuant to 19 CFR 151.12, Intertek USA, Inc., 1114 Seaco Avenue Deer Park, TX 77536, has been accredited to test petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12. Anyone wishing to employ this entity to conduct laboratory analyses should request and receive written assurances from the entity that it is accredited by the U.S. Customs and Border Protection to conduct the specific test requested. Alternatively, inquiries regarding the specific test this entity is accredited to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories: https://cbp.gov/xp/cgov/import/operationssupport/labsscientifi c svcs/commercialgaugers/.
Accreditation and Approval of Saybolt LP, as a Commercial Gauger and Laboratory
Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Saybolt LP, 2321 Burnett Blvd., Wilmington, NC 28401, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to cbp.labhq@dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. https://cbp.gov/xp/cgov/import/operations support/lablsscientificsvcs/commercialgaugers/.
Agency Information Collection Activities: Jade Act
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the JADE Act. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Agency Information Collection Activities: Small Vessel Reporting System
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: the Small Vessel Reporting System (SVRS). CBP is proposing that the SVRS be established as a new collection of information. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 65206) on October 20, 2011, allowing for a 60- day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities: Prior Disclosure
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Prior Disclosure. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours or to the information collected. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 66741) on September 27, 2011, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities: Entry/Immediate Delivery Application and Simplified Entry
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Entry/Immediate Delivery Application (Forms 3461 and 3461 ALT) and Simplified Entry. This is a proposed revision and extension of an information collection that was previously approved. CBP is proposing that this information collection be revised and extended with a change to the burden hours and to the information collected. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 66740) on October 27, 2011, allowing for a 60- day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Final Determination Regarding Petition To Reconcile Inconsistent Customs Decisions Concerning the Tariff Classification of CN-9 Solution
This document publishes a summary of a decision issued by U.S. Customs and Border Protection (``CBP'') in response to a petition filed pursuant to section 177.13 of the CBP regulations requesting the reconciliation of inconsistent classification decisions issued by CBP under the Harmonized Tariff Schedule of the United States (``HTSUS'') of a certain CN-9 solution, a hydrated ammonium calcium nitrate double salt that is primarily used as a fertilizer but is also used for waste water treatment. In the decision, CBP informed the party filing the petition that the correct classification of the subject CN-9 Solution is under subheading 3102.60.00, HTSUS.
Notice of Issuance of Final Determination Concerning Laser-Based Multi-Function Office Machines
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of laser-based multi-function office machines. Based upon the facts presented, CBP has concluded in the final determination that the assembly and programming operations together convey the essential character of the laser-based multi-function office machine, and it is at their assembly and programming where the last substantial transformation occurs. Therefore, when the laser-based multi-function office machines are assembled and programmed in Mexico, the country of origin for purposes of U.S. government procurement is Mexico.
Agency Information Collection Activities: NAFTA Regulations and Certificate of Origin
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the NAFTA Regulations and Certificate of Origin. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Agency Information Collection Activities: Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Entry and Manifest of Merchandise Free of Duty, Carrier's Certificate and Release (CBP Form 7523). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 62086) on October 6, 2011, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities: Documents Required Aboard Private Aircraft
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Documents Required Aboard Private Aircraft. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 60853) on September 30, 2011, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities: Declaration of Owner and Declaration of Consignee When Entry Is Made by an Agent
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Declaration of Owner and Declaration of Consignee When Entry is made by an Agent (Forms 3347 and 3347A). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Agency Information Collection Activities: Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Completion of the Broker Self-Assessment Outreach Pilot
This document announces the completion of the Broker Self- Assessment (BSA) Outreach Pilot (BSA Pilot), a voluntary partnership with the customs brokerage community, which began in July 2009. CBP has decided to end the BSA pilot without a plan to proceed with another Importer Self-Assessment type model. CBP and the National Customs Brokers and Forwarders Association of America (NCBFAA) have agreed to pursue other avenues to collaborate pertaining to trade modernization efforts.
Import Restrictions Imposed on Certain Archaeological and Ethnological Material From Greece
This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on certain archaeological and ethnological material from the Hellenic Republic (Greece). These restrictions are being imposed pursuant to an agreement between the United States and Greece that has been entered into under the authority of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The final rule amends CBP regulations by adding Greece to the list of countries for which a bilateral agreement has been entered into for imposing cultural property import restrictions. The final rule also contains the designated list that describes the types of archaeological and ethnological articles to which the restrictions apply.
Extension of Import Restrictions Imposed on Archaeological and Ethnological Material From Bolivia
This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological and ethnological material from Bolivia. The restrictions, which were originally imposed by Treasury Decision (T.D.) 01-86 and last extended by CBP Dec. 06-26, are due to expire on December 4, 2011. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, these import restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to reflect this extension through December 4, 2016. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 01-86 contains the Designated List of archaeological and ethnological material from Bolivia to which the restrictions apply.
Agency Information Collection Activities: Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Advisory Committee on Commercial Operations of Customs and Border Protection (COAC)
The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) will meet on December 7, 2011, in Washington, DC. The meeting will be open to the public. As an alternative to on- site attendance, U.S. Customs and Border Protection (CBP) will also offer a live webcast of the COAC meeting via the Internet.
Notice of Revocation of Customs Broker Licenses
Notice is hereby given that pursuant to section 641 of the Tariff Act of 1930, as amended (19 U.S.C. 1641), and Title 19 of the Code of Federal Regulations at Sec. 111.30(d), the following Customs broker licenses are revoked by operation of law without prejudice.
Notice of Availability of Finding of No Significant Impact for Field Release of Insects for Biological Control of Carrizo Cane
U.S. Customs and Border Protection (CBP) is advising the public of the availability of a Finding of No Significant Impact (FONSI) for its support of U.S. Department of Agriculture (USDA) research and field release of two insects, the Arundo scale and the Arundo wasp as biological control agents for the non-native and invasive Carrizo cane in the continental United States. To reach this FONSI, CBP examined two Environmental Assessments (EAs) prepared by USDA's Animal and Plant Health Inspection Service (APHIS), performed independent analyses of those EAs, and reached its own findings. The two EAs (APHIS 2009 and 2010) are also being made available through CBP.
Agency Information Collection Activities: Crew's Effects Declaration
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Crew's Effects Declaration (CBP Form 1304). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 56213) on September 12, 2011, allowing for a 60-day comment period. One comment was received. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
National Customs Automation Program Test Concerning Automated Commercial Environment (ACE) Simplified Entry
This document announces U.S. Customs and Border Protection's (CBP's) plan to conduct a National Customs Automation Program (NCAP) test concerning Automated Commercial Environment (ACE) entry capability. This new capability will include functionality specific to the filing of entry data for formal and informal consumption entries. This functionality will simplify the entry process by allowing participants to submit 12 required and three (3) optional data elements to CBP at any time prior to the arrival of the merchandise on the conveyance transporting the cargo to the United States. This data will fulfill merchandise entry requirements and will allow for earlier release decisions and more certainty for the importer in determining the logistics of cargo delivery. This initial phase of the test will be open to entries filed in the air transportation mode only. This notice invites parties to participate in the test, seeks public comment concerning any aspect of the planned test, describes the eligibility requirements for participation in the test, and outlines the development and evaluation methodology to be used in the test. This notice will be referred to as the Simplified Entry Notice.
Modification of the Port Limits of Green Bay, WI
U.S. Customs and Border Protection (CBP) is proposing to extend the geographic limits of the port of Green Bay, Wisconsin, to update and change the description of the port boundaries to refer to identifiable roadways and waterways rather than townships and to include the entire Austin Straubel Airport. Due to an error, a portion of the airport is located outside the current port limits. The change is part of CBP's continuing program to more efficiently utilize its personnel, facilities, and resources, and to provide better service to carriers, importers, and the general public.
Agency Information Collection Activities: Entry Summary
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Entry Summary (CBP Form 7501). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Addition of the Cook Islands to the List of Nations Entitled to Special Tonnage Tax Exemption
The Department of State has informed U.S. Customs and Border Protection (CBP) that discriminating or countervailing duties are not imposed by the government of the Cook Islands on vessels owned by citizens of the United States. Accordingly, vessels of the Cook Islands are exempt from special tonnage taxes and light money in ports of the United States. This document amends the CBP regulations by adding the Cook Islands to the list of nations whose vessels are exempt from payment of any higher tonnage duties than are applicable to vessels of the United States and from the payment of light money.
United States-Peru Trade Promotion Agreement
This rule amends the U.S. Customs and Border Protection (CBP) regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States- Peru Trade Promotion Agreement.
Opening of Boquillas Border Crossing and Update to the Class B Port of Entry Description
This notice of proposed rulemaking proposes to create a border crossing in Big Bend National Park to be called Boquillas. The Boquillas crossing would be situated between Presidio and Del Rio, Texas. U.S. Customs and Border Protection (CBP) and the National Park Service plan to partner on the construction of a joint use facility in Big Bend National Park where the border crossing would operate. This NPRM proposes to designate the Boquillas border crossing as a ``Customs station'' for customs purposes and a Class B port of entry for immigration purposes. This NPRM also proposes to update the description of a Class B port of entry to reflect current border crossing documentation requirements.
Agency Information Collection Activities: Prior Disclosure
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning Prior Disclosure. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Agency Information Collection Activities: Entry and Immediate Delivery Application
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Entry and Immediate Delivery Application (Forms 3461 and 3461 ALT). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
CBP Audit Procedures; Use of Sampling Methods and Offsetting of Overpayments and Over-Declarations
This document amends the U.S. Customs and Border Protection (CBP) regulations by adding provisions for the use of sampling methods in CBP audits and prior disclosure cases and for the offsetting of overpayments and over-declarations when an audit involves a calculation of lost duties, taxes, or fees or monetary penalties under 19 U.S.C. 1592. The sampling provision may be used by both CBP and private parties in certain circumstances. The offsetting provision is in accordance with CBP's authority under 19 U.S.C. 1509(b)(6).
Customs Brokers User Fee Payment for 2012
This document provides notice to customs brokers that the annual fee of $138 that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by January 20, 2012. U.S. Customs and Border Protection announces this date of payment for 2012 in accordance with the Tax Reform Act of 1986.
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