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Federal Register / Vol. 70, No.

151 / Monday, August 8, 2005 / Rules and Regulations 45539

107–295, 116 Stat. 2064; Department of being taken under section 110 of the provide it in the body of your comment.
Homeland Security Delegation No. 0170.1. Clean Air Act. If you send an e-mail comment directly
■ 2. From 5 a.m. to 9 p.m. from August DATES: This rule is effective on October to EPA, without going through
3 to August 20, 2005, a temporary 7, 2005, without further notice, unless EDOCKET or regulations.gov, your e-
§ 165.T13–013 is added to read as EPA receives adverse comment by mail address will be automatically
follows: September 7, 2005. If adverse comment captured and included as part of the
is received, EPA will publish a timely comment that is placed in the public
§ 165.T13–013 Safety Zone: New Tacoma withdrawal of the direct final rule in the docket and made available on the
Narrows Bridge Construction Project. Federal Register informing the public Internet. If you submit an electronic
(a) Location. The following is a safety that the rule will not take effect. comment, EPA recommends that you
zone: All waters of the Tacoma Narrows, ADDRESSES: Submit your comments, include your name and other contact
Washington State, within 250 yards on identified by Docket ID No. R08–OAR– information in the body of your
either side of a line with the points of 2005–ND–0001, by one of the following comment and with any disk or CD–ROM
47°16′15″ N, 122°33′15″ W, to 47°15′59″ methods: you submit. If EPA cannot read your
N, 122°32′49″ W, to 47°15′49″ N, • Federal eRulemaking Portal: http:// comment due to technical difficulties
122°32′43″ W. [Datum: NAD 1983] www.regulations.gov. Follow the on-line and cannot contact you for clarification,
(b) Regulations. In accordance with instructions for submitting comments. EPA may not be able to consider your
the general regulations in Section • Agency Web site: http:// comment. Electronic files should avoid
165.23 of this part, no person or vessel docket.epa.gov/rmepub/index.jsp. the use of special characters, any form
may enter or remain in the zone except Regional Materials in EDOCKET (RME), of encryption, and be free of any defects
for those persons involved in the EPA’s electronic public docket and or viruses. For additional information
construction of the new Tacoma comment system for regional actions, is about EPA’s public docket visit
Narrows Bridge, supporting personnel, EPA’s preferred method for receiving EDOCKET online or see the Federal
or other vessels authorized by the comments. Follow the on-line Register of May 31, 2002 (67 FR 38102).
Captain of the Port or his designated instructions for submitting comments. For additional instructions on
representatives. Vessels and persons • E-mail: long.richard@epa.gov and submitting comments, go to section I.
granted authorization to enter the safety platt.amy@epa.gov. General Information of the
zone shall obey all lawful orders or • Fax: (303) 312–6064 (please alert SUPPLEMENTARY INFORMATION section of
directions of the Captain of the Port or the individual listed in the FOR FURTHER this document.
his designated representative. INFORMATION CONTACT if you are faxing Docket: All documents in the docket
(c) Applicable dates. This section comments). are listed in the Regional Materials in
applies from 5 a.m. until 9 p.m., Pacific • Mail: Richard R. Long, Director, Air EDOCKET index at http://
daylight time, from August 3 to August and Radiation Program, Environmental docket.epa.gov/rmepub/index.jsp.
20, 2005. Protection Agency (EPA), Region 8, Although listed in the index, some
Dated: July 29, 2005. Mailcode 8P–AR, 999 18th Street, Suite information is not publicly available,
300, Denver, Colorado 80202–2466. i.e., CBI or other information whose
Mark J. Huebschman,
• Hand Delivery: Richard R. Long, disclosure is restricted by statute.
Commander, U.S. Coast Guard, Acting
Director, Air and Radiation Program, Certain other material, such as
Captain of the Port, Puget Sound.
Environmental Protection Agency copyrighted material, is not placed on
[FR Doc. 05–15617 Filed 8–5–05; 8:45 am]
(EPA), Region 8, Mailcode 8P–AR, 999 the Internet and will be publicly
BILLING CODE 4910–15–P
18th Street, Suite 300, Denver, Colorado available only in hard copy form.
80202–2466. Such deliveries are only Publicly available docket materials are
accepted Monday through Friday, 8 a.m. available either electronically in
ENVIRONMENTAL PROTECTION Regional Materials in EDOCKET or in
to 4:55 p.m., excluding Federal
AGENCY hard copy at the Air and Radiation
holidays. Special arrangements should
be made for deliveries of boxed Program, Environmental Protection
40 CFR Part 52 Agency (EPA), Region 8, 999 18th
information.
[RME Docket Number R08–OAR–2005–ND– Instructions: Direct your comments to Street, Suite 300, Denver, Colorado
0001; FRL–7942–4] Docket ID No. R08–OAR–2005–ND– 80202–2466. EPA requests that if at all
0001. EPA’s policy is that all comments possible, you contact the individual
Clean Air Act Approval and listed in the FOR FURTHER INFORMATION
received will be included in the public
Promulgation of Air Quality CONTACT section to view the hard copy
docket without change and may be
Implementation Plan Revision for of the docket. You may view the hard
made available at http://docket.epa.gov/
North Dakota; Revisions to the Air copy of the docket Monday through
rmepub/index.jsp, including any
Pollution Control Rules Friday, 8 a.m. to 4 p.m., excluding
personal information provided, unless
AGENCY: Environmental Protection the comment includes information Federal holidays.
Agency (EPA). claimed to be Confidential Business FOR FURTHER INFORMATION CONTACT:
ACTION: Direct final rule. Information (CBI) or other information Amy Platt, Environmental Protection
whose disclosure is restricted by statute. Agency, Region 8, (303) 312–6449,
SUMMARY: EPA is taking direct final Do not submit information that you platt.amy@epa.gov.
action approving certain revisions to the consider to be CBI or otherwise SUPPLEMENTARY INFORMATION:
State Implementation Plan (SIP) as protected through EDOCKET,
submitted by the Governor of North regulations.gov, or e-mail. The EPA’s Table of Contents
Dakota with a letter dated April 11, Regional Materials in EDOCKET and I. General Information
2003. The revisions affect certain Federal regulations.gov Web site are II. Background
portions of air pollution control rules ‘‘anonymous access’’ systems, which III. Revisions in the April 11, 2003 Submittal
regarding permitting and prevention of means EPA will not know your identity That are the Subject of this Document
significant deterioration. This action is or contact information unless you IV. Section 110(l)

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45540 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Rules and Regulations

V. Final Action your estimate in sufficient detail to Rules regarding construction and minor
VI. Statutory and Executive Order Reviews allow for it to be reproduced. source permitting and prevention of
Definitions VI. Provide specific examples to significant deterioration, which involve
illustrate your concerns, and suggest sections of the following chapters of the
For the purpose of this document, we alternatives. North Dakota Administrative Code
are giving meaning to certain words or VII. Explain your views as clearly as (N.D.A.C.): 33–15–14 Designated Air
initials as follows: possible, avoiding the use of profanity Contaminant Sources, Permit to
(i) The words or initials Act or CAA or personal threats. Construct, Minor Source Permit to
mean or refer to the Clean Air Act, VIII. Make sure to submit your Operate, Title V Permit to Operate
unless the context indicates otherwise. comments by the comment period (certain sections specific to construction
(ii) The words EPA, we, us or our deadline identified. and minor source permitting) and 33–
mean or refer to the United States 15–15 (Prevention of Significant
II. Background
Environmental Protection Agency. Deterioration of Air Quality).
(iii) The initials SIP mean or refer to The Act requires States to follow
State Implementation Plan. certain procedures in developing A. Chapter 33–15–14, N.D.A.C.,
(iv) The words State or ND mean the implementation plans and plan Designated Air Contaminant Sources,
State of North Dakota, unless the revisions for submission to us. Sections Permit to Construct, Minor Source
context indicates otherwise. 110(a)(2) and 110(l) of the Act provide Permit to Operate, Title V Permit to
(v) The initials PSD mean prevention that each implementation plan must be Operate (certain sections specific to
adopted after reasonable notice and construction and minor source
of significant deterioration of air quality.
public hearing. permitting)
(vi) The initials NDDH mean or refer
to the North Dakota Department of To provide for public comment, the In the Permit to Construct section, 33–
Health. North Dakota Department of Health 15–14–02, subsection 33–15–14–02.5,
(NDDH), after providing notice, held a Review of application—Standard for
I. General Information public hearing on April 19, 2002 to granting permits to construct, was
A. What Should I Consider as I Prepare address the revisions to the State revised to increase the amount of time
My Comments for EPA? Implementation Plan (SIP) and Air the NDDH is allowed to make its
Pollution Control Rules. Following the preliminary determinations on a Permit
1. Submitting CBI. Do not submit this public hearing, comment period, and to Construct application. The increase
information to EPA through Regional legal review by the North Dakota was from 30 days to 90 days. In
Materials in EDOCKET, regulations.gov Attorney General’s Office, the North addition, a revision was made to the
or e-mail. Clearly mark the part or all of Dakota State Health Council adopted the provision regarding the preliminary
the information that you claim to be revisions, which became effective on determination on whether the proposed
CBI. For CBI information in a disk or CD March 1, 2003. The North Dakota project will provide all known available
ROM that you mail to EPA, mark the Governor submitted the SIP revisions to and reasonable methods of emission
outside of the disk or CD ROM as CBI us with a letter dated April 11, 2003. control. ‘‘All known’’ was changed to
and then identify electronically within On October 21, 2004, EPA published ‘‘necessary.’’ The NDDH was concerned
the disk or CD ROM the specific a notice of final rulemaking for the State that ‘‘all known’’ could have been
information that is claimed as CBI. In of North Dakota (see 69 FR 61762). In interpreted to require the absolute best
addition to one complete version of the that final rulemaking, we approved control technology available (i.e.,
comment that includes information portions of the SIP revision submitted Lowest Achievable Emission Rate or
claimed as CBI, a copy of the comment by the Governor of North Dakota on LAER) even though emission limits in
that does not contain the information April 11, 2003. The portions of the SIP the other rules of the SIP may require
claimed as CBI must be submitted for revision that we approved affected the something less. Since it was never
inclusion in the public docket. North Dakota Air Pollution Control NDDH’s intent to establish additional
Information so marked will not be Rules regarding general provisions and emission control requirements
disclosed except in accordance with emissions of particulate matter and (especially LAER) in the Permit to
procedures set forth in 40 CFR part 2. sulfur compounds. Construct section that would supersede
2. Tips for Preparing Your Comments. As we discussed in our October 21, those in the rest of the SIP, this revision
When submitting comments, remember 2004 notice of final rulemaking, we was made to clarify that the emission
to: were handling separately the revisions control methodology proposed must be
I. Identify the rulemaking by docket in the April 11, 2003 submittal sufficient to comply with the applicable
number and other identifying addressing North Dakota Air Pollution rules but not more than the applicable
information (subject heading, Federal Control Rules Section 33–15–01–13, requirements dictate.
Register date and page number). regarding shutdown and malfunction of Subdivision 33–15–14–02.13.i,
II. Follow directions—The agency an installation, certain portions of paragraph 5, was revised to clarify that
may ask you to respond to specific Chapter 33–15–14, regarding petroleum liquid storage tanks that are
questions or organize comments by construction and minor source subject to air pollution control
referencing a Code of Federal permitting, and certain portions of requirements under the State’s New
Regulations (CFR) part or section Chapter 33–15–15, regarding prevention Source Performance Standards (NSPS)
number. of significant deterioration. Program, Chapter 33–15–12, are not
III. Explain why you agree or disagree; exempt from getting a permit to
suggest alternatives and substitute III. Revisions in the April 11, 2003 construct.
language for your requested changes. Submittal That Are the Subject of This In the Minor Source Permit to Operate
IV. Describe any assumptions and Document section, 33–15–14–03, subsection 33–
provide any technical information and/ The revisions in the April 11, 2003 15–14–03.4, Performance testing, was
or data that you used. submittal to be addressed in this revised to incorporate performance and
V. If you estimate potential costs or document pertain to certain portions of emissions testing requirements
burdens, explain how you arrived at the North Dakota Air Pollution Control previously located at 33–15–14–03.11.

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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Rules and Regulations 45541

As a result, subsection 33–15–14–03.11 major source, it will be included in the related to administrative or procedural
was deleted. Title V permit. provisions. Therefore, these revisions do
In subsection 33–15–14–03.5, Action The engines covered by this not interfere with attainment or
on applications, subparagraph 33–15– exemption will produce only a minimal maintenance of the NAAQS or other
14–03.5.a(1)(d), was revised to eliminate increase in emissions. Since the ambient applicable requirements of the Act.
the requirement for delivery of a copy levels are well below the NAAQS, EPA The State believes that the exemption
of the proposed minor source permit to concludes that this revision will not for internal combustion engines in 33–
operate and public notice to the chief interfere with attainment or 15–14–02.13 applies mostly to
executive officer of the city and county maintenance of the NAAQS or any other emergency type generators that are
where the source is located and the applicable requirement of the Act and diesel or natural gas fired. Using
Regional Planning Agency. Regional is, therefore, approvable. appropriate AP–42 emission factors,
Planning Agencies will continue to get they demonstrated that the most one of
B. Chapter 33–15–15, N.D.A.C.,
notice of preconstruction permits and these engines will emit (i.e., operating at
Prevention of Significant Deterioration
counties will continue to get notice of 1000 horsepower for 500 hours/year) is
(PSD) of Air Quality
federally enforceable minor source 8 tons/year of any pollutant. Therefore,
permits to operate since the State sends In subsection 33–15–15–01.1, the engines covered by this exemption
a copy to the County Auditor. Therefore, Definitions, the subparagraph regarding will produce only a minimal increase in
this revision results in a change in major modifications (33–15–15– emissions. Since ambient levels are well
process but without any substantive 01.1.x(2)(d)) was revised. The revision below the NAAQS, EPA concludes that
impacts. clarifies that a physical change or this revision will not interfere with
The changes to subsection 33–15–14– change in the method of operation does attainment or maintenance of the
03.5 also clarified that lands will be not include an increase in the hours of NAAQS or any other applicable
considered to be ‘‘significantly affected’’ operation or in the production rate, requirement of the Act.
by a source’s emissions if the source is unless such change would be prohibited Finally, the revision to the
located within 50 kilometers of such under any federally enforceable permit subparagraph 33–15–15–01.1.x(2)(d) of
land. While a source seeking a federally conditions established under the the PSD chapter was required by EPA to
enforceable minor source permit to requirements of the PSD program be consistent with Federal PSD
operate may cause localized air quality (Chapter 33–15–15) or the Permit to requirements previously found in 40
degradation near the source, these Construct and Permit to Operate CFR 51.24(b)(2)(iii)(f) and 40 CFR
impacts diminish rapidly with requirements of Chapter 33–15–14. This 52.21(b)(2)(iii)(f) and now located in 40
increasing distance from the source. revision became effective at the State CFR 51.166 and 40 CFR 52.21.
Therefore, EPA believes this level on March 1, 2003, to make the Therefore, the revision does not
clarification is reasonable since it is regulations consistent with the Federal interfere with the attainment or
extremely unlikely that minor sources PSD requirements in effect at that time, maintenance of the NAAQS, or other
would have a significant impact beyond as found in 40 CFR 51.24(b)(2)(iii)(f) and applicable requirements of the Act, but
50 km. 52.21(b)(2)(iii)(f). This revision is still provides some enhancement.
The revisions discussed above are consistent with the new PSD
clarifying or procedural in nature; V. Final Action
requirements found in 40 CFR 51.166
therefore, these revisions are and 52.21, as promulgated on December We reviewed the adequacy of these
approvable. 31, 2002. Therefore, this revision is certain revisions submitted by the North
Finally, in the Permit to Construct approvable. Dakota Governor with a letter dated
section, 33–15–14–02, Subsection 33– In addition, subsection 33–15–15– April 11, 2003, and find them
15–14–02.13, Exemptions, subdivision 01.4, Review of New Major Stationary approvable.
33–15–14–02.13.c was revised to amend Sources and Major Modifications, EPA is publishing this rule without
an exemption for internal combustion subparagraph 33–15–15–01.4.h(3), prior proposal because the Agency
engines. The change exempts internal regarding source information, was views this as a noncontroversial
combustion engines with a maximum updated to delete a reference to an amendment and anticipates no adverse
rating of less than 1000 brake outdated, obsolete State document comments. However, in the ‘‘Proposed
horsepower which operate less than 500 regarding Best Available Control Rules’’ section of today’s Federal
hours in a year from the construction Technology (BACT). This revision is Register publication, EPA is publishing
permitting requirements provided they editorial in nature and is approvable. a separate document that will serve as
are not ‘‘utility units’’ as defined in the the proposal to approve the SIP revision
State’s Acid Rain Program, Chapter 33– IV. Section 110(l) if adverse comments are filed. This rule
15–21. This revision was made Section 110(l) of the Clean Air Act will be effective October 7, 2005,
primarily for emergency generators. The states that a SIP revision cannot be without further notice unless the
State believes that almost all the engines approved if the revision would interfere Agency receives adverse comments by
that fall into this exemption category are with any applicable requirement September 7, 2005. If the EPA receives
diesel engines or natural gas fired. concerning attainment and reasonable adverse comments, EPA will publish a
Therefore, using the appropriate AP–42 further progress towards attainment of timely withdrawal in the Federal
emission factors, they estimated that the the National Ambient Air Quality Register informing the public that the
most one of these engines will emit (i.e., Standards (NAAQS) or any other rule will not take effect. EPA will
operating at 1000 horsepower for 500 applicable requirements of the Act. address all public comments in a
hours/year) is 8 tons/year of any There are no nonattainment areas in subsequent final rule based on the
pollutant. Even though these units are North Dakota. The revisions to the proposed rule. The EPA will not
exempt from the preconstruction permitting provisions and PSD rules, institute a second comment period on
permitting requirements, they must still except as discussed below, were either this action. Any parties interested in
comply with any other applicable clarifying or procedural in nature, will commenting must do so at this time.
requirements in the permitting rules. not affect emissions, and will not Please note that if EPA receives adverse
Also, if any such unit is located at a interfere with requirements of the Act comment on an amendment, paragraph,

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45542 Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Rules and Regulations

or section of this rule and if that In reviewing SIP submissions, EPA’s Dated: July 14, 2005.
provision may be severed from the role is to approve state choices, Max H. Dodson,
remainder of the rule, EPA may adopt provided that they meet the criteria of Acting Regional Administrator, Region 8.
as final those provisions of the rule that the Clean Air Act. In this context, in the ■ 40 CFR part 52 is amended to read as
are not the subject of an adverse absence of a prior existing requirement follows:
comment. for the State to use voluntary consensus
VI. Statutory and Executive Order standards (VCS), EPA has no authority PART 52—[AMENDED]
Reviews to disapprove a SIP submission for
failure to use VCS. It would thus be ■ 1. The authority citation for part 52
Under Executive Order 12866 (58 FR inconsistent with applicable law for continues to read as follows:
51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, Authority: 42 U.S.C. 7401 et seq.
not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission
therefore is not subject to review by the that otherwise satisfies the provisions of Subpart JJ—North Dakota
Office of Management and Budget. For the Clean Air Act. Thus, the
this reason, this action is also not ■ 2. Section 52.1820 is amended by
requirements of section 12(d) of the adding paragraph (c)(34) to read as
subject to Executive Order 13211, National Technology Transfer and
‘‘Actions Concerning Regulations That follows:
Advancement Act of 1995 (15 U.S.C.
Significantly Affect Energy Supply, 272 note) do not apply. This rule does § 52.1820 Identification of plan.
Distribution, or Use’’ (66 FR 28355, May not impose an information collection * * * * *
22, 2001). This action merely approves burden under the provisions of the (c) * * *
state law as meeting Federal Paperwork Reduction Act of 1995 (44 (34) Certain revisions to the North
requirements and imposes no additional U.S.C. 3501 et seq.). Dakota State Implementation Plan and
requirements beyond those imposed by Air Pollution Control Rules as
The Congressional Review Act, 5
state law. Accordingly, the submitted by the Governor with a letter
U.S.C. 801 et seq., as added by the Small
Administrator certifies that this rule dated April 11, 2003. The revisions
Business Regulatory Enforcement
will not have a significant economic affect portions of North Dakota
Fairness Act of 1996, generally provides
impact on a substantial number of small Administrative Code (N.D.A.C.)
that before a rule may take effect, the
entities under the Regulatory Flexibility regarding construction and minor
agency promulgating the rule must
Act (5 U.S.C. 601 et seq.). Because this source permitting and prevention of
rule approves pre-existing requirements submit a rule report, which includes a
copy of the rule, to each House of the significant deterioration of air quality.
under state law and does not impose (i) Incorporation by reference.
any additional enforceable duty beyond Congress and to the Comptroller General
of the United States. EPA will submit a (A) Revisions to the North Dakota Air
that required by state law, it does not Pollution Control Rules as follows:
contain any unfunded mandate or report containing this rule and other
required information to the U.S. Senate, (1) Chapter 33–15–14, N.D.A.C.,
significantly or uniquely affect small Designated Air Contaminant Sources,
governments, as described in the the U.S. House of Representatives, and
the Comptroller General of the United Permit to Construct, Minor Source
Unfunded Mandates Reform Act of 1995 Permit to Operate, Title V Permit to
(Public Law 104–4). States prior to publication of the rule in
the Federal Register. A major rule Operate, subsections 33–15–14–02.5,
This rule also does not have tribal 33–15–14–02.13.c, 33–15–14–02.13.i(5),
implications because it will not have a cannot take effect until 60 days after it
is published in the Federal Register. 33–15–14–03.4, 33–15–14–03.5.a(1)(d),
substantial direct effect on one or more and 33–15–14–03.11, effective March 1,
Indian tribes, on the relationship This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). 2003.
between the Federal Government and (2) Chapter 33–15–15, N.D.A.C.,
Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean Prevention of Significant Deterioration
power and responsibilities between the Air Act, petitions for judicial review of of Air Quality, subsections 33–15–15–
Federal Government and Indian tribes, this action must be filed in the United 01.1.x(2)(d) and 33–15–15–01.4.h(3),
as specified by Executive Order 13175 States Court of Appeals for the effective March 1, 2003.
(65 FR 67249, November 9, 2000). This appropriate circuit by October 7, 2005.
action also does not have Federalism Filing a petition for reconsideration by [FR Doc. 05–15609 Filed 8–5–05; 8:45 am]
implications because it does not have the Administrator of this final rule does BILLING CODE 6560–50–P
substantial direct effects on the States, not affect the finality of this rule for the
on the relationship between the national purposes of judicial review nor does it
government and the States, or on the extend the time within which a petition ENVIRONMENTAL PROTECTION
distribution of power and for judicial review may be filed, and AGENCY
responsibilities among the various shall not postpone the effectiveness of
40 CFR Part 52
levels of government, as specified in such rule or action. This action may not
Executive Order 13132 (64 FR 43255, be challenged later in proceedings to [R06–OAR–2005–TX–0011; FRL–7948–7]
August 10, 1999). This action merely enforce its requirements. (See section
approves a state rule implementing a 307(b)(2).) Approval and Promulgation of Air
Federal standard, and does not alter the Quality Implementation Plans; Texas;
List of Subjects in 40 CFR Part 52 Vehicle Inspection and Maintenance
relationship or the distribution of power
and responsibilities established in the Environmental protection, Air Program for Travis and Williamson
Clean Air Act. This rule also is not pollution control, Carbon monoxide, Counties
subject to Executive Order 13045 Incorporation by reference, AGENCY: Environmental Protection
‘‘Protection of Children from Intergovernmental relations, Nitrogen Agency (EPA).
Environmental Health Risks and Safety dioxide, Ozone, Particulate matter, ACTION: Final rule.
Risks’’ (62 FR 19885, April 23, 1997), Reporting and recordkeeping
because it is not economically requirements, Sulfur oxides, Volatile SUMMARY: The EPA is approving a
significant. organic compounds. revision to the State Implementation

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