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29494 Federal Register / Vol. 70, No.

98 / Monday, May 23, 2005 / Notices

for inspection and reproduction at the the current and future state of DEPARTMENT OF ENERGY
address in item h above. infrastructure development and
You may also register online at investment in California. We look Federal Energy Regulatory forward to an informative discussion of Commission
esubscription.asp to be notified via e- the issues to clarify how we can [Docket No. PR05–8–000]
mail of new filings and issuances facilitate and enhance a comprehensive
related to this or other pending projects. collaborative approach to energy Northwest Natural Gas Company;
For assistance, contact FERC Online infrastructure development and Notice of Technical Conference
Support. reliability for California.
o. Procedural schedule and final May 13, 2005.
amendments: The application will be The Commission is now soliciting Take notice that a technical
processed according to the following nominations for speakers at the conference will be held on Tuesday,
Hydro Licensing Schedule. Revisions to technical conference. Persons wishing May 24, 2005 at 1 p.m., Eastern Time,
the schedule will be made as to nominate themselves as speakers in a room to be designated at the Federal
appropriate. should do so using this electronic link: Energy Regulatory Commission, 888
Issue Acceptance or Deficiency Letter: First Street NE., Washington, DC 20426.
June 2005. registration/infra-06–02-speaker- The purpose of the conference is to
Request Additional Information: June form.asp. Such nomination must be address Northwest Natural Gas
2005. made before the close of business on Company’s (Northwest) section 311
Notice Soliciting Final Terms and May 20, 2005, so that a final agenda for petition for rate approval filed on
Conditions: September 2005. the technical conference can be drafted January 18, 2005. Northwest should be
Notice of the Availability of the EA: and published. prepared to discuss return on equity and
February 2006. operating statements issues.
Although registration is not a strict FERC conferences are accessible
Ready for Commission’s Decision on
requirement, in-person attendees are under section 508 of the Rehabilitation
the Application: April 2006.
Final amendments to the application asked to register for the conference on- Act of 1973. For accessibility
must be filed with the Commission no line by close of business on May 31, accommodations please send an e-mail
later than 30 days from the issuance 2005 at to or call toll free
date of the notice of ready for registration/infra-06–02-form.asp. (866) 208–3372 (voice) or 202–208–1659
environmental analysis. Transcripts of the conference will be (TTY), or send a FAX to 202–208–2106
immediately available from Ace with the required accommodations.
Magalie R. Salas, All interested parties and staff are
Reporting Company (202) 347–3700 or
Secretary. permitted to attend. For further
1–800–266–6646) for a fee. They will be
[FR Doc. E5–2571 Filed 5–20–05; 8:45 am]
available for the public on the information please contact Aileen Roder
BILLING CODE 6717–01–P at (202) 502–6022 or e-mail
Commission’s eLibrary system and on
the calendar page posting for this event
DEPARTMENT OF ENERGY seven calendar days after FERC receives Magalie R. Salas,
the transcript. Additionally, Capitol Secretary.
Federal Energy Regulatory Connection offers the opportunity for [FR Doc. E5–2572 Filed 5–20–05; 8:45 am]
Commission remote listening of the conference via BILLING CODE 6717–01–P

[Docket Nos. AD05–11–000 and ER02–1656–

Real Audio or a Phone Bridge
000] Connection for a fee. Persons interested
in making arrangements should contact ENVIRONMENTAL PROTECTION
Energy Infrastructure and Investment David Reininger or Julia Morelli at AGENCY
in California and California Capitol Connection (703) 933–3100) as
Independent System Operator soon as possible or visit the Capitol
Corporation; Notice of Technical Connection Web site at http:// Protection of Stratospheric Ozone:
Conference and click on Process for Exempting Critical Uses of
May 13, 2005.
‘‘FERC.’’ Methyl Bromide
Take notice that the Federal Energy As mentioned above, additional AGENCY: Environmental Protection
Regulatory Commission in conjunction details on the conference, including the Agency (EPA).
with California State agencies, will host agenda, will be included in a ACTION: Notice of solicitation of
a technical conference on Thursday, supplemental notice to be issued at a applications and information on
June 2, 2005, to discuss energy later date. You are encouraged to watch alternatives
infrastructure and investment in for additional notices.
California. The conference will be held For additional information, please SUMMARY: EPA is soliciting applications
in San Francisco, California. The contact Sarah McKinley at (202) 502– for the Critical Use Exemption from the
conference is scheduled to begin at 9 8004, phaseout of methyl bromide for 2007
a.m. (p.s.t.) and end at approximately 3 and beyond. This application process
p.m. A separate notice will be issued by Magalie R. Salas, offers users of methyl bromide the
the Commission to announce the exact Secretary. opportunity to provide technical and
location and final agenda. FERC [FR Doc. E5–2579 Filed 5–20–05; 8:45 am] economic information to support a
Commissioners will attend and BILLING CODE 6717–01–P
‘‘critical use’’ claim. Today’s notice also
participate. invites interested parties to provide
The purpose of the conference is for information on the technical and
the Commission and State officials to economic feasibility of methyl bromide
discuss with industry representatives alternatives.

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Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Notices 29495

Methyl bromide is a chemical Economic Information: Elisa Rim, of voluntary state involvement in Part I.B.
pesticide that has been identified under U.S. Environmental Protection Agency, below).
the Montreal Protocol on Substances Office of Pesticide Programs (7503C), In addition to requesting information from
applicants for the Critical Use Exemption,
that Deplete the Ozone Layer and the 1200 Pennsylvania Ave., NW., this solicitation for information provides an
Clean Air Act as an ozone-depleting Washington, DC, 20460, 703–308–8123. opportunity for any interested party to
substance. The complete phaseout of E-mail: provide EPA with information on methyl
methyl bromide took effect on January Regulatory Information: Marta bromide alternatives (e.g. technical and/or
1, 2005. The Critical Use Exemption is Montoro, U.S. Environmental Protection economic feasibility research). The
designed to allow continued production Agency, Stratospheric Protection application form for the methyl bromide
and import of methyl bromide after the Division (6205J), 1200 Pennsylvania Critical Use Exemption and other
Ave., NW., Washington, DC, 20460, information on research relevant to
phaseout for those uses that have no
alternatives must be sent to the addresses
technically and economically feasible 202–343–9321. E-mail: specified above or emailed to the address
alternatives. Critical Use Exemptions are specified above. The applicant’s signature,
exemptions from the January 1, 2005 SUPPLEMENTARY INFORMATION: which is required for processing and is
methyl bromide phaseout. required on Worksheet 1 of the application,
Table of Contents may be faxed to Marta Montoro at (202) 343–
Applicants for the exemption are
requested to submit technical and I. What do I need to know to respond to this 2337 or (202) 343–2338.
economic information to EPA for U.S. request for applications?
A. Who can respond to this request for B. Whom can I contact to find out if a
review. The U.S. will then create a information? consortium is submitting an application form
national nomination for review by the B. Whom can I contact to find out if a for my methyl bromide use?
Parties to the Montreal Protocol. EPA consortium is submitting an application Please contact your local, state, regional or
encourages users with similar form for my methyl bromide use? national commodity association to find out if
circumstances of use to submit a single C. How do I obtain an application form for they plan on submitting an application on
application. Please contact your state the Methyl Bromide Critical Use behalf of your commodity group.
regulatory agency to receive information Exemption? Additionally, you should contact your state
D. What alternatives must applicants address regulatory agency (generally this will be the
about their involvement in the process.
when applying for a Critical Use State Department of Agriculture or State
DATES: Applications for the Critical Use Exemption? Environmental Protection Agency) to receive
Exemption must be postmarked on or E. What portions of the applications will be information about their involvement in the
before August 8, 2005. considered confidential business process. If your state agency has chosen to
information? participate, EPA encourages all applicants to
ADDRESSES: Applications for the methyl first submit their applications to the state
F. Must I submit a ‘‘Notice of Intent to
bromide Critical Use Exemption should Apply?’’ regulatory agency, which will then forward
be submitted in duplicate (two copies) G. What if I submit an incomplete them to EPA. The National Pesticide
by mail to: U.S. Environmental application? Information Center Web site is one resource
Protection Agency, Office of Air and H. What if I already applied in 2002 and/or available for identifying the lead pesticide
Radiation, Stratospheric Protection 2003 and/or 2004? agency in each state (
Division, Attention Methyl Bromide II. What is the legal authority for the Critical npic/state1.htm).
Review Team, Mail Code 6205J, 1200 Use Exemption?
C. How do I obtain an Application Form for
A. What is the Clean Air Act (CAA) authority
Pennsylvania Ave, NW., Washington, for implementing the Critical Use
the methyl bromide Critical Use Exemption?
DC 20460 or by courier delivery (other Exemption to the methyl bromide An Application Form for the methyl
than U.S. Post Office overnight) to: U.S. phaseout? bromide Critical Use Exemption can be
Environmental Protection Agency, B. What is the Montreal Protocol authority obtained either in electronic or hard-copy
Office of Air and Radiation, for granting a Critical Use Exemption form. EPA encourages use of the electronic
Stratospheric Protection Division, after the methyl bromide phaseout? form. Applications can be obtained in the
Attention Methyl Bromide Review III. How will the U.S. implement the Critical following ways:
Use Exemption? 1. PDF format and Microsoft Excel at EPA
Team, 1310 L St. NW., Room 827L, website:;
A. When will the exemption become
Washington DC 20005. EPA also 2. Hard copy ordered through the
available to U.S. users of methyl
encourages users to submit their bromide? Stratospheric Ozone Protection Hotline at 1–
applications electronically to Marta B. What is the projected timeline for the 800–296–1996;
Montoro, Stratospheric Protection Critical Use Exemption application 3. Hard-copy format at Air Docket No.
Division, at If process? OAR–2003–0017. The docket is located in
the application is submitted room B–102, EPA West Building, U.S.
I. What Do I Need To Know to Respond to Environmental Protection Agency, 1301
electronically, applicants are requested This Request for Applications? Constitution Ave. NW., Washington DC,
to fax a signed copy of Worksheet 1 to 20004. The Docket Office is open from 8:30
Marta Montoro at (202) 343–2337 or A. Who can respond to this request for
information? a.m. until 4:30 p.m. Monday through Friday.
(202) 343–2338 by the application A reasonable fee may be charged by EPA for
deadline. The application form may be submitted copying docket materials.
either by a consortium representing multiple
FOR FURTHER INFORMATION CONTACT: users or by individual users who anticipate D. What alternatives must applicants address
General Information: U.S. EPA needing methyl bromide in 2007 and beyond when applying for a Critical Use Exemption?
Stratospheric Ozone Information and believe there are no technically and To support the assertion that a specific use
Hotline, 1–800–296–1996; also http:// economically feasible alternatives. EPA of methyl bromide is ‘‘critical,’’ applicants encourages groups of users with similar are expected to demonstrate that there are no
Technical Information: Colwell Cook, circumstances of use to submit a single technically and economically feasible
application (for example, any number of pre- alternatives available to the user of methyl
U.S. Environmental Protection Agency, plant users with similar soil, pest, and bromide. The Parties to the Montreal Protocol
Office of Pesticide Programs (7503C), climactic conditions can join together to have developed an ‘‘International Index’’ of
1200 Pennsylvania Ave., NW., submit a single application). In some methyl bromide alternatives which lists
Washington, DC, 20460, 703–308–8146. instances, state agencies will assist users chemical and non-chemical alternatives, by
E-mail: with the application process (see discussion crop (

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29496 Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Notices

in_alt_in.html). The chemicals and non- summary sheets will be posted on the EPA completed if any information has changed
chemical practices included on this index Web site ( and since 2004.
were identified by the international technical included in Air Docket No. OAR–2003–0017. If a user has previously submitted a critical
advisory groups under the Montreal Protocol: Applications that are not confidential use exemption application to EPA in 2002 or
The Methyl Bromide Technical Options business information will be placed in the 2003 (first and second rounds) but did not
Committee (MBTOC) and the Technical and Docket in their entirety. Please note, claiming submit an application in 2004 (third round)
Economic Assessment Panel (TEAP). The business confidentiality may delay the ability then the all worksheets in the application
MBTOC and the TEAP determined that of EPA to review your application. must be submitted again in their entirety.
alternatives in the International Index have
F. Must I submit a ‘‘Notice of Intent to II. What Is the Legal Authority for the
the ‘‘technical potential’’ to replace methyl
Apply?’’ Critical Use Exemption?
bromide in at least one circumstance of use
on the identified crop (Report of the A ‘‘Notice of Intent to Apply’’ is not A. What is the Clean Air Act (CAA) authority
Technical and Economic Assessment Panel, required, but would facilitate the for implementing the Critical Use Exemption
1997) ( organization of the application review during
to the methyl bromide phaseout?
teap_reports.html). A corresponding U.S. the Critical Use Exemption Process. If EPA is
aware of the consortia and the individuals In October 1998, the U.S. Congress
Index of alternatives (also listed by crop) has
who intend to submit applications 30 days amended the Clean Air Act by adding CAA
been developed by the U.S. government
before the application deadline, the technical sections 604(d)(6), 604(e)(3), and 604(h)
experts will be better positioned to review (Section 764 of the 1999 Omnibus
us_alt_in.html). This U.S. Index reflects
the application. This Notice may be Consolidated and Emergency Supplemental
whether chemical alternatives included in
submitted to Marta Montoro via e-mail at Appropriations Act (Pub. L. 105–277;
the International Index have been registered or via U.S. mail to October 21, 1998)). The amendment requires
for use in the United States.
U.S. Environmental Protection Agency, EPA to conform the U.S. phaseout schedule
Applicants must address technical,
Office of Air and Radiation, Stratospheric for methyl bromide to the provisions of the
regulatory, and economic issues that limit the
Protection Division, 1200 Pennsylvania Ave., Montreal Protocol for industrialized
adoption of ‘‘chemical alternatives’’ and
NW., 6205J, Washington, DC 20460 or by countries. Specifically, the amendment
combinations of ‘‘chemical’’ and ‘‘non-
courier to U.S. Environmental Protection requires EPA to make regulatory changes to
chemical alternatives’’ listed for their crop
Agency, Office of Air and Radiation, implement the following phaseout schedule:
within the ‘‘U.S. Index’’ of Methyl Bromide
Alternatives. Applicants must also address Stratospheric Protection Division, 1310 L St., 25% reduction (from 1991 baseline) in 1999
technical, regulatory, and economic issues NW., Room 827L, Washington, DC 20005. 50% reduction in 2001
that limit the adoption of ‘‘non-chemical G. What if I submit an incomplete 70% reduction in 2003
alternatives’’ and combinations of application? 100% reduction in 2005
‘‘chemical’’ and ‘‘non-chemical alternatives’’ EPA published regulations in the Federal
EPA will not accept any applications
listed for their crop in the ‘‘International Register on June 1, 1999 (64 FR 29240) and
postmarked after August 8, 2005. If the
Index.’’ application is completed but postmarked November 28, 2000 (65 FR 70795), instituting
after August 8, 2005, EPA will not accept the the phaseout reductions in the production
E. What portions of the applications will be and import of methyl bromide in accordance
considered confidential business application. If the application is postmarked
by the deadline but is incomplete or missing with the schedule listed above. Additionally,
information? the 1998 amendment allowed EPA to exempt
any of the following data elements listed in
The person submitting information to EPA the production and import of methyl bromide
the ‘‘Re-Application Information Document’’
in response to this Notice may assert a from the phaseout for critical uses starting
available at
business confidentiality claim covering part January 1, 2005 ‘‘to the extent consistent with
EPA will not accept the application and will
or all of the information by placing on (or the Montreal Protocol’’ (Section 764 of the
not include the application in the U.S.
attaching to) the information, at the time it nomination submitted for international 1999 Omnibus Consolidated and Emergency
is submitted to EPA, a cover sheet, stamped consideration. These required elements Supplemental Appropriations Act (Pub. L.
or typed legend, or other suitable form of include Worksheets 1, 2B, 2C, 2D, 4, and 5. 105–277, October 21, 1998), section 604(d)(6)
notice employing language such as ‘‘trade However, the entire application (all of the Clean Air Act).
secret,’’ ‘‘proprietary,’’ or ‘‘company Worksheets) must be submitted and
confidential.’’ Allegedly confidential B. What is the Montreal Protocol authority for
applicants must submit any new data or granting a Critical Use Exemption after the
portions of otherwise non-confidential updated information that is relevant.
documents should be clearly identified by methyl bromide phaseout?
However, if the application is substantially
the applicant, and may be submitted complete with only minor errors, corrections The Montreal Protocol provides an
separately to facilitate identification and will be accepted. EPA reviewers may also exemption to the phaseout of methyl bromide
handling by EPA. If the applicant desires call applicants for further elaboration about for critical uses in Article 2H, paragraph 5.
confidential treatment only until a certain their application, even if it is complete. All The Parties to the Protocol included
date or until the occurrence of a certain consortia or users who have not applied to provisions for such an exemption in
event, the notice should so state. Information EPA in the previous year (2004) must submit recognition that substitutes for methyl
covered by a claim of confidentiality will be an entire completed application with all bromide may not be available by 2005 for
disclosed by EPA only to the extent, and by Worksheets. certain uses of methyl bromide agreed by the
means of the procedures, set forth under 40 Parties to be ‘‘critical uses.’’
CFR Part 2 Subpart B; 41 FR 36752, 43 FR H. What if I already applied in 2002 and/or In their Ninth Meeting (1997), the Parties
40000, 50 FR 51661. If no claim of 2003 and/or 2004? to the Protocol agreed to Decision IX/6,
confidentiality accompanies the information In March, 2004 and in November, 2004, the setting forth the following criteria for a
when it is received by EPA, it may be made Parties decided that critical use exemptions ‘‘critical use’’ determination:
available to the public by EPA without would be granted for one year. As a result, (a) That a use of methyl bromide should
further notice to the applicant. users must apply to EPA for critical use qualify as ‘critical’ only if the nominating
If you are asserting a business exemptions on an annual basis. However, if Party [e.g. U.S.] determines that:
confidentiality claim covering part or all of a user group submitted a complete (i) The specific use is critical because the
the information in the application, please application to EPA in 2004, the user is only lack of availability of methyl bromide for that
submit a non-confidential version that EPA required to submit revised copies of the use would result in a significant market
can place in the public docket for reference selected Worksheets listed above, though the disruption; and
by other interested parties. Do not include on entire application with all Worksheets must (ii) There are no technically and
the ‘‘Worksheet Five: Application Summary’’ be on file with EPA. A list of the Worksheets economically feasible alternatives or
page of the application any information that is detailed above and is also available at substitutes available to the user that are
you wish to claim as confidential business The acceptable from the standpoint of
information. These application information remaining worksheets must only be environment and health and are suitable to

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Federal Register / Vol. 70, No. 98 / Monday, May 23, 2005 / Notices 29497

the crops and circumstances of the misleading. Consumption does not mean the Exemption became available to approved
nomination. ‘‘use’’ of a controlled substance, but rather is users on January 1, 2005. Allowances for
(b) That production and consumption, if defined as the formula: Consumption = subsequent years will be authorized through
any, of methyl bromide for a critical use production + import ¥exports, of controlled regulations. Until that date, all production
should be permitted only if: substances (Article 1 of the Protocol and and import of methyl bromide (except for
(i) All technically and economically Section 601 of the CAA). A Class I controlled
substance that was produced or imported those quantities that qualify for the
feasible steps have been taken to minimize
the critical use and any associated emission through the expenditure of allowances prior quarantine and preshipment exemption)
of methyl bromide; to its phaseout date can continue to be used were required to conform to the phasedown
(ii) Methyl bromide is not available in by industry and the public after that specific schedule listed above (see Supplementary
sufficient quantity and quality from existing chemical’s phaseout under EPA’s phaseout Information Section II A). For more
stocks of banked or recycled methyl bromide, regulations, unless otherwise precluded information on the quarantine and
also bearing in mind the developing under separate regulations. preshipment exemption, please refer to 68 FR
countries’ need for methyl bromide; In addition to the language quoted above, 238 (January 2, 2003).
(iii) It is demonstrated that an appropriate the Parties further agreed to request the TEAP
effort is being made to evaluate, to review nominations and make B. What is the projected timeline for the
commercialize and secure national regulatory recommendations for approval based on the Critical Use Exemption application process?
approval of alternatives and substitutes, criteria established in paragraphs (a)(ii) and
(b) of Decision IX/6. There is both a domestic and international
taking into consideration the circumstances component to the Critical Use Exemption
of the particular nomination * * *. Non- III. How Will the U.S. Implement the Critical process. The following outline projects a
Article 5 Parties [e.g., the U.S.] must Use Exemption? timeline for the process for the next three
demonstrate that research programmes are in
place to develop and deploy alternatives and A. When will the exemption become years.
substitutes * * *. available to U.S. users of methyl bromide?
In the context of the phaseout program, the Under the provisions of both the CAA and
use of the term consumption may be the Montreal Protocol, the Critical Use

May 23, 2005 ..................................................................... Solicit applications for the methyl bromide Critical Use Exemption for 2007 and be-
August 8, 2005 ................................................................... Deadline for submitting Critical Use Exemption applications to EPA.
Fall 2005 ............................................................................ U.S. government (EPA, Department of State, U.S. Department of Agriculture, and
other interested federal agencies) create U.S. Critical Use nomination package.
January 31, 2006 ............................................................... Deadline for U.S. government to submit U.S. nomination package to the Protocol
Early 2006 .......................................................................... Review of the nominations packages for Critical Use Exemptions by the Technical
and Economic Assessment Panel (TEAP) and Methyl Bromide Technical Options
Committee (MBTOC).
Mid 2006 ............................................................................ Parties consider TEAP/MBTOC recommendations.
Late 2006 ........................................................................... Parties authorize Critical Use Exemptions for methyl bromide for production and con-
sumption in 2007 (supplemental request) and 2008.
Early-Mid 2007 ................................................................... EPA publishes proposal and final rule for 2007 supplemental request.
Mid 2007 ............................................................................ EPA publishes proposed rule for allocating Critical Use Exemptions in the U.S. for
Late 2007 ........................................................................... EPA publishes final rule allocating Critical Use Exemptions in the U.S. for the 2008
control period.
January 1, 2008 ................................................................. Critical Use Exemption permits the limited production and import of methyl bromide
beyond the phaseout date for specific uses for the 2008 control period.

Authority: 42 U.S.C. 7414, 7601, 7671– ACTION: Notice. 0680. Media Contact: Lauren Patrich at
7671q. (202) 418–7944.
Dated: May 16, 2005. SUMMARY: This document announces the
procedures and minimum opening bids SUPPLEMENTARY INFORMATION: This is a
Brian J. McLean, summary of the Auction No. 61
for the upcoming auction of licenses of
Director, Office of Atmospheric Programs. Procedures Public Notice released on
Automated Maritime
[FR Doc. 05–10195 Filed 5–20–05; 8:45 am]
Telecommunications System (AMTS) April 21, 2005. The complete text of the
spectrum. This document is intended to Auction No. 61 Procedures Public
familiarize prospective bidders with the Notice, including attachments, as well
procedures and minimum opening bids as related Commission documents, are
FEDERAL COMMUNICATIONS for this auction. available for public inspection and
COMMISSION coping during regular business hours at
DATES: Auction No. 61 is scheduled to the FCC Reference Information Center,
[Report No. AUC–05–61–B (Auction No. 61); begin on August 3, 2005. Portals II, 445 12th Street, SW., Room
DA 05–1047] CY–A257, Washington, DC 20554. The
Automated Maritime Auctions and Spectrum Access Auction No. 61 Procedures Public
Telecommunications System Licenses Division, WTB: For legal questions: Notice and related Commission
Auction, Notice and Filing Howard Davenport at (202) 418–0660. documents may also be purchased from
Requirements, Minimum Opening Bids, For general auction questions: Debbie the Commission’s duplicating
Upfront Payments and Other Auction Smith, Roy Knowles or Barbara Sibert at contractor, Best Copy and Printing, Inc.
Procedures (717) 338–2888. For service rule (BCPI), Portals II, 445 12th Street, SW.,
questions: Public Safety and Critical Room CY–B402, Washington, DC 20554,
AGENCY:Federal Communications Infrastructure Division, WTB: Jeff telephone 202–488–5300, facsimile
Commission. Tobias or James Shaffer at (202) 418– 202–488–5563, or you may contact BCPI

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