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Federal Register / Vol. 72, No.

122 / Tuesday, June 26, 2007 / Rules and Regulations 35015

Taking of Private Property technical standards (e.g., specifications Designated on-scene patrol personnel,
This rule will not effect a taking of of materials, performance, design, or means any commissioned, warrant and
private property or otherwise have operation; test methods; sampling petty officers of the U.S. Coast Guard
taking implications under Executive procedures; and related management operating Coast Guard vessels in the
Order 12630, Governmental Actions and systems practices) that are developed or enforcement of this safety zone.
Interference with Constitutionally adopted by voluntary consensus (c) Regulations. (1) The general
Protected Property Rights. standards bodies. regulations contained in 33 CFR 165.23
This rule does not use technical apply.
Civil Justice Reform standards. Therefore, we did not (2) In accordance with the general
This rule meets applicable standards consider the use of voluntary consensus regulations in § 165.23 of this part, entry
in sections 3(a) and 3(b)(2) of Executive standards. into or movement within this zone is
Order 12988, Civil Justice Reform, to Environment prohibited unless authorized by the
minimize litigation, eliminate Captain of the Port, Long Island Sound
ambiguity, and reduce burden. We have analyzed this rule under or his designated on-scene patrol
Commandant Instruction M16475.1D personnel.
Protection of Children and Department of Homeland Security (3) All persons and vessels shall
We have analyzed this rule under Management Directive 5100.1, which comply with the Coast Guard Captain of
Executive Order 13045, Protection of guide the Coast Guard in complying the Port or designated on-scene patrol
Children from Environmental Health with the National Environmental Policy personnel.
Risks and Safety Risks. This rule is not Act of 1969 (NEPA) (42 U.S.C. 4321– (4) Upon being hailed by a U.S. Coast
an economically significant rule and 4370f), and have concluded that there Guard vessel by siren, radio, flashing
will not concern an environmental risk are no factors in this case that would light or other means, the operator of the
to health or risk to safety that may limit the use of the categorical exclusion vessel shall proceed as directed.
disproportionately affect children. under section 2.B.2 of the Instruction. (5) Persons and vessels may request
Therefore, this rule is categorically permission to enter the zone on VHF–
Indian Tribal Governments
excluded, under figure 2–1, paragraph 16 or via phone at (203) 468–4401.
This rule does not have tribal (34)(g), of the Instruction, from further (d) Enforcement period. This section
implications under Executive Order environmental documentation. This rule will be enforced from 8:30 p.m. to 10:30
13175, Consultation and Coordination falls under the provisions of paragraph p.m. on Saturday, July 14, 2007 and if
with Indian Tribal Governments, (34)(g) because the rule establishes a the fireworks display is postponed, from
because it will not have a substantial safety zone. 8:30 p.m. to 10:30 p.m. on Sunday, July
direct effect on one or more Indian A final ‘‘Environmental Analysis 15, 2007.
tribes, on the relationship between the Check List’’ and a final ‘‘Categorical
Federal Government and Indian tribes, Dated: June 15, 2007.
Exclusion Determination’’ will be
or on the distribution of power and available in the docket where indicated D.A. Ronan,
responsibilities between the Federal under ADDRESSES. Captain, U.S. Coast Guard, Captain of the
Government and Indian tribes. Port, Long Island Sound.
List of Subjects in 33 CFR Part 165 [FR Doc. E7–12289 Filed 6–25–07; 8:45 am]
Energy Effects Harbors, Marine safety, Navigation BILLING CODE 4910–15–P
We have analyzed this rule under (water), Reporting and recordkeeping
Executive Order 13211, Actions requirements, Security measures,
Concerning Regulations That Waterways. ENVIRONMENTAL PROTECTION
Significantly Affect Energy Supply, AGENCY
■ For the reasons discussed in the
Distribution, or Use. We have
preamble, the Coast Guard amends 33
determined that it is not a ‘‘significant 40 CFR Part 52
CFR part 165 as follows:
energy action’’ under that order because
[EPA–R10–OAR–2007–0110; FRL–8330–9]
it is not a ‘‘significant regulatory action’’ PART 165—REGULATED NAVIGATION
under Executive Order 12866 and is not AREAS AND LIMITED ACCESS AREAS Approval and Promulgation of
likely to have a significant adverse effect Implementation Plans; Idaho and
on the supply, distribution, or use of ■ 1. The authority citation for part 165
Washington; Interstate Transport of
energy. The Administrator of the Office continues to read as follows:
Pollution
of Information and Regulatory Affairs Authority: 33 U.S.C. 1226 and 1231; 46
has not designated it as a significant U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 AGENCY: Environmental Protection
energy action. Therefore, it does not CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. Agency (EPA).
require a Statement of Energy Effects L. 107–295, 116 Stat. 2064; Department of ACTION: Direct final rule.
under Executive Order 13211. Homeland Security Delegation No. 0170.1.
SUMMARY: EPA is approving the actions
Technical Standards ■ 2. Add temporary § 165.T01–079 to
read as follows: of the Idaho Department of
The National Technology Transfer Environmental Quality (IDEQ) and the
and Advancement Act (NTTAA) (15 § 165.T01–079 Safety Zone: Fundation Washington State Department of
U.S.C. 272 note) directs agencies to use Amistad Fireworks, East Hampton, NY. Ecology (Ecology) to address the
voluntary consensus standards in their (a) Location. The following area is a provisions of Clean Air Act section
regulatory activities unless the agency safety zone: All navigable waters of 110(a)(2)(D)(i) for the 8-hour ozone and
provides Congress, through the Office of Three Mile Harbor off of East Hampton, PM2.5 National Ambient Air Quality
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Management and Budget, with an NY within an 800-foot radius of the Standards (NAAQS). These provisions
explanation of why using these fireworks barge located in approximate require each state to submit a State
standards would be inconsistent with position 41°1′5″ N, 072°11′55″ W. Implementation Plan (SIP) revision that
applicable law or otherwise impractical. (b) Definitions. The following prohibits emissions that adversely affect
Voluntary consensus standards are definitions apply to this section: another state’s air quality through

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35016 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Rules and Regulations

interstate transport. IDEQ and Ecology that is placed in the public docket and another state, (3) interfere with plans in
have each adequately addressed the four made available on the Internet. If you another state to prevent significant
distinct elements related to the impact submit an electronic comment, EPA deterioration of air quality, or (4)
of interstate transport of air pollutants recommends that you include your interfere with efforts of another state to
for their states. These include name and other contact information in protect visibility.
prohibiting emissions that contribute the body of your comment and with any EPA issued guidance on August 15,
significantly to nonattainment of the disk or CD–ROM you submit. If EPA 2006, entitled ‘‘Guidance for State
NAAQS in another state, interfere with cannot read your comment due to Implementation Plan (SIP) Submissions
maintenance of the NAAQS by another technical difficulties and cannot contact to Meet Current Outstanding
state, interfere with plans in another you for clarification, EPA may not be Obligations Under Section
state to prevent significant deterioration able to consider your comment. 110(a)(2)(D)(i) for the 8-Hour Ozone and
of air quality, or interfere with efforts of Electronic files should avoid the use of PM2.5 National Ambient Air Quality
another state to protect visibility. special characters, any form of Standards,’’ relating to SIP submissions
DATES: This direct final rule will be encryption, and be free of any defects or to meet the requirements of CAA section
effective August 27, 2007, without viruses. 110(a)(2)(D)(i). As discussed below,
further notice, unless EPA receives Docket: All documents in the Idaho’s and Washington’s analyses of
adverse comment by July 26, 2007. If electronic docket are listed in the their respective SIPs with respect to the
adverse comment is received, EPA will www.regulations.gov index. Although statutory requirements of CAA section
publish a timely withdrawal of the listed in the index, some information is 110(a)(2)(D)(i) are consistent with the
direct final rule in the Federal Register not publicly available, i.e., CBI or other guidance. The discussion below covers
informing the public that the rule will information whose disclosure is how Idaho and Washington have
not take effect. restricted by statute. Certain other addressed the four key requirements of
material, such as copyrighted material, CAA section 110(a)(2)(D)(i).
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10– is not placed on the Internet and will be II. How Idaho’s Submittal Addresses
OAR–2007–0110, by one of the publicly available only in hard copy the Provisions of Clean Air Act Section
following methods: form. Publicly available docket 110(a)(2)(D)(i)
1. http://www.regulations.gov: Follow materials are available either
IDEQ addressed the first two elements
the on-line instructions for submitting electronically in www.regulations.gov or
of CAA section 110(a)(2)(D)(i) by
comments. in hard copy during normal business
submitting a technical demonstration
2. Mail: Dana Warn, Office of Air, hours at the Office of Air, Waste and
supporting the conclusion that
Waste and Toxics, AWT–107, EPA, Toxics, EPA Region 10, 1200 Sixth
emissions from Idaho do not
Region 10, 1200 Sixth Ave., Seattle, Avenue, Seattle, Washington 98101. significantly contribute to
Washington 98101. FOR FURTHER INFORMATION CONTACT: nonattainment or interfere with
3. Hand Delivery or Courier: EPA, Dana Warn at telephone number: (206) maintenance of the 8-hour ozone and
Region 10 Mail Room, 9th Floor, 1200 553–6390 or Donna Deneen at (206) PM2.5 NAAQS in another state. IDEQ
Sixth Ave., Seattle, Washington 98101. 553–6706, e-mail address: relied on analysis by EPA that
Attention: Dana Warn, Office of Air, deneen.donna@epa.gov, fax number: determined that it was reasonable to
Waste and Toxics, AWT–107. Such (206) 553–0110, or the above EPA, exclude the western United States,
deliveries are only accepted during Region 10 address. including Idaho, from the Clean Air
normal hours of operation, and special SUPPLEMENTARY INFORMATION: Interstate Rule (CAIR), 70 FR 25162
arrangements should be made for Throughout this document whenever (May 12, 2005). In the proposal for
deliveries of boxed information. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean CAIR, EPA determined that because of
Instructions: Direct your comments to EPA. Information is organized as geographical, meteorological, and
Docket ID No. EPA–R10–OAR–2007– follows: topological factors, PM2.5 and 8-hour
0110. EPA’s policy is that all comments ozone nonattainment problems are not
received will be included in the public Table of Contents
likely to be affected significantly by
docket without change and may be I. Background of Submittal pollution transported across these
made available online at http:// II. How Idaho’s Submittal Addresses the
Provisions of Clean Air Act Section
state’s boundaries. See 69 FR 4566, 4581
www.regulations.gov, including any (January 30, 2004).
110(a)(2)(D)(i)
personal information provided, unless III. How Washington’s Submittal Addresses IDEQ also relied on information on
the comment includes information the Provisions of Clean Air Act Section the nearest nonattainment areas. For
claimed to be Confidential Business 110(a)(2)(D)(i) PM2.5, the closest nonattainment area is
Information (CBI) or other information IV. Statutory and Executive Order Reviews 25 miles away in Libby, Montana. 70 FR
whose disclosure is restricted by statute. 944, 986 (January 5, 2005). IDEQ noted
Do not submit through I. Background of Submittal
that the Technical Support Document
www.regulations.gov or e-mail EPA is approving IDEQ’s and (TSD) for the PM2.5 designation of the
information that you consider to be CBI Ecology’s SIP revisions to address the Libby area contains a description of the
or otherwise protected. The requirements of Clean Air Act (CAA) nonattainment area and sources. The
www.regulations.gov Web site is an section 110(a)(2)(D)(i). This CAA section Libby TSD states that PM2.5 levels in the
‘‘anonymous access’’ system, which requires each state to submit a SIP that Libby, Montana area are localized due to
means EPA will not know your identity prohibits emissions that could adversely topography and meteorological factors.
or contact information unless you affect another state, addressing four key For ozone, the closest nonattainment
provide it in the body of your comment. elements. The SIP must prevent sources area to Idaho is Las Vegas, Nevada. Las
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If you send an e-mail comment directly in the state from emitting pollutants in Vegas is over 400 miles away. See 69 FR
to EPA without going through amounts which will: (1) Contribute 23858, 23919 (April 30, 2004). IDEQ
www.regulations.gov, your e-mail significantly to nonattainment of the noted that the supporting
address will be automatically captured NAAQS in another state, (2) interfere documentation for the designation of
and included as part of the comment with maintenance of the NAAQS by this nonattainment area demonstrates

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Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Rules and Regulations 35017

that the Las Vegas, Nevada area is Libby, Montana. 70 FR at 986. Libby is state is working on adopting any
geologically and topologically separate over 150 miles away from Spokane, the relevant requirements of the Phase II
from surrounding areas. Based on this nearest major city in Washington. ozone implementation rule. For PM2.5,
and other information provided by IDEQ Ecology noted that the TSD for the PM2.5 Ecology confirmed that the state’s PSD
in its SIP submittal, EPA believes the designation of the Libby area contains a program is being implemented in
state has sufficiently demonstrated that description of the nonattainment area accordance with EPA’s interim guidance
emissions from Idaho do not and sources. The Libby TSD states that calling for the use of PM10 as a surrogate
significantly contribute to PM2.5 levels in the Libby, Montana area for PM2.5 for the purposes of PSD
nonattainment or interfere with are localized due to topography and review.
maintenance of the NAAQS in another meteorological factors. The fourth element Ecology addressed
state. Additional supporting information For ozone, the closest nonattainment is protection of visibility. EPA’s regional
can be found in IDEQ’s submittal area to Washington is the San Francisco haze regulations require states to submit
included in the docket. Bay area in California. See 69 FR at regional haze SIPS to EPA by December
The third element IDEQ addressed is 23887. San Francisco is over 600 miles 17, 2007. Since Washington has not yet
prevention of significant deterioration away from Vancouver, the closest major completed or submitted its regional
(PSD). For 8-hour ozone, the state has urban area in Washington. Ecology haze SIP, it is not possible at this time
met the obligation by confirming that noted that the supporting for the State of Washington to determine
major sources in the state are currently documentation for the designation of whether Washington interferes with
subject to PSD programs that implement the San Francisco Bay nonattainment measures to protect visibility in the
the 8-hour ozone standard and that the area contains information showing that applicable SIP of another state.
state is working on adopting any the San Francisco airshed is separate
IV. Statutory and Executive Order
relevant requirements of the Phase II from areas to the north.
Ecology also discussed the Portland- Reviews
ozone implementation rule. For PM2.5,
IDEQ confirmed that the state’s PSD Vancouver Interstate Ozone area. The Under Executive Order 12866 (58 FR
program is being implemented in Portland-Vancouver Interstate Ozone 51735, October 4, 1993), this action is
accordance with EPA’s interim guidance area comprises Portland, Oregon and not a ‘‘significant regulatory action’’ and
calling for the use of PM10 as a surrogate Vancouver, Washington. The area was a therefore is not subject to review by the
for PM2.5 for the purposes of PSD maintenance area for the 1-hour ozone Office of Management and Budget. For
review. standard. It has been meeting the 8-hour this reason, this action is also not
The fourth element IDEQ addressed is ozone NAAQS since the standard was subject to Executive Order 13211,
protection of visibility. EPA’s regional promulgated in 1997. Ecology explains ‘‘Actions Concerning Regulations That
haze regulations, 64 FR 35714 (July 1, that the Southwest Clean Air Agency Significantly Affect Energy Supply,
1999), require states to submit regional (SWCAA), the local CAA planning Distribution, or Use’’ (66 FR 28355, May
haze SIPS to EPA by December 17, 2007. agency for the Vancouver area, and the 22, 2001). This action merely approves
Since Idaho has not yet completed or Oregon Department of Environmental state law as meeting Federal
submitted its regional haze SIP, it is not Quality (ODEQ) worked together on requirements and imposes no additional
possible at this time for the State of modeling that demonstrates that the requirements beyond those imposed by
Idaho to determine whether Idaho Portland-Vancouver area will continue state law. Accordingly, the
interferes with measures to protect to attain the 8-hour ozone NAAQS Administrator certifies that this action
visibility in the applicable SIP of through 2015. Both SWCAA and Oregon will not have a significant economic
another state. have developed 110(a)(1) maintenance impact on a substantial number of small
plans for the 8-hour ozone NAAQS entities under the Regulatory Flexibility
III. How Washington’s Submittal Act (5 U.S.C. 601 et seq.). Because this
based on the modeling to meet EPA
Addresses the Provisions of Clean Air action approves pre-existing
implementation requirements. The
Act Section 110(a)(2)(D)(i) requirements under state law and does
modeling also demonstrates as part of
Ecology addressed the first two the 110 (a)(l) plan that the Salem-Keizer not impose any additional enforceable
elements of CAA section 110(a)(2(D)(i) area to the south of Portland will duty beyond that required by state law,
by submitting a technical demonstration continue to maintain the 8-hour ozone it does not contain any unfunded
supporting the conclusion that NAAQS through 2015. Ecology notes mandate or significantly or uniquely
emissions from Washington do not that both Washington and Oregon will affect small governments, as described
significantly contribute to submit the plans to EPA for approval in the Unfunded Mandates Reform Act
nonattainment or interfere with this year. The draft plans are available of 1995 (Pub. L. 104–4).
maintenance of the 8-hour ozone and on the SWCAA and ODEQ websites. This action also does not have tribal
PM2.5 NAAQS in another state. Ecology Based on this and other information implications because it will not have a
relied on analysis by EPA that provided by Washington in its SIP substantial direct effect on one or more
determined that it was reasonable to submittal, EPA believes the state has Indian tribes, on the relationship
exclude the western United States, sufficiently demonstrated that emissions between the Federal Government and
including Washington, from CAIR. As from Washington do not significantly Indian tribes, or on the distribution of
discussed in the proposal for CAIR, EPA contribute to nonattainment or interfere power and responsibilities between the
determined that because of with maintenance of the NAAQS in Federal Government and Indian tribes,
geographical, meteorological, and another state. Additional supporting as specified by Executive Order 13175
topological factors, PM2.5 and 8-hour information can be found in the state’s (65 FR 67249, November 9, 2000). This
ozone nonattainment problems are not SIP submittal included in the docket. action also does not have Federalism
likely to be affected significantly by The third element Ecology addressed implications because it does not have
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pollution transported across these is PSD. For 8-hour ozone, the state has substantial direct effects on the States,
State’s boundaries. See 69 FR at 4581. met the obligation by confirming that on the relationship between the national
Ecology also relied on information on major sources in the state are currently government and the States, or on the
the nearest nonattainment areas. For subject to PSD programs that implement distribution of power and
PM2.5, the closest nonattainment area is the 8-hour ozone standard and that the responsibilities among the various

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35018 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Rules and Regulations

levels of government, as specified in Paperwork Reduction Act of 1995 (44 be challenged later in proceedings to
Executive Order 13132 (64 FR 43255, U.S.C. 3501 et seq.). enforce its requirements. (See section
August 10, 1999). This action merely The Congressional Review Act, 5 307(b)(2).)
approves a state rule implementing a U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement List of Subjects in 40 CFR Part 52
Federal standard, and does not alter the
relationship or the distribution of power Fairness Act of 1996, generally provides Environmental protection, Air
and responsibilities established in the that before a rule may take effect, the pollution control, Incorporation by
CAA. This action also is not subject to agency promulgating the rule must reference, Intergovernmental relations,
Executive Order 13045, ‘‘Protection of submit a rule report, which includes a Nitrogen dioxide, Ozone, Particulate
Children from Environmental Health copy of the rule, to each House of the matter, Reporting and recordkeeping
Risks and Safety Risks’’ (62 FR 19885, Congress and to the Comptroller General requirements, Sulfur oxides, Volatile
April 23, 1997), because it approves a of the United States. EPA will submit a organic compounds.
state rule implementing a Federal report containing this rule and other
Dated: June 14, 2007.
standard. required information to the U.S. Senate,
the U.S. House of Representatives, and Michael F. Gearheard,
In reviewing state submissions, EPA’s the Comptroller General of the United Acting Regional Administrator, Region 10.
role is to approve state choices, States prior to publication of the rule in
provided that they meet the criteria of ■ Chapter I, title 40 of the Code of
the Federal Register. A major rule Federal Regulations is amended as
the CAA. In this context, in the absence cannot take effect until 60 days after it follows:
of a prior existing requirement for the is published in the Federal Register.
State to use voluntary consensus This action is not a ‘‘major rule’’ as PART 52—[AMENDED]
standards (VCS), EPA has no authority defined by 5 U.S.C. 804(2).
to disapprove a state submission for Under section 307(b)(1) of the Clean ■ 1. The authority citation for part 52
failure to use VCS. It would thus be Air Act, petitions for judicial review of continues to read as follows:
inconsistent with applicable law for this action must be filed in the United Authority: 42 U.S.C. 7401 et seq.
EPA, when it reviews a state States Court of Appeals for the
submission, to use VCS in place of a appropriate circuit by August 27, 2007. Subpart N—Idaho
state submission that otherwise satisfies Filing a petition for reconsideration by
the provisions of the CAA. Thus, the the Administrator of this final rule does ■ 2. In § 52.670(e) the table is amended
requirements of section 12(d) of the not affect the finality of this rule for the by adding an entry at the end of the
National Technology Transfer and purposes of judicial review nor does it table to read as follows:
Advancement Act of 1995 (15 U.S.C. extend the time within which a petition
272 note) do not apply. This action does for judicial review may be filed, and § 52.670 Identification of plan.
not impose an information collection shall not postpone the effectiveness of * * * * *
burden under the provisions of the such rule or action. This action may not (e) * * *

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES


Applicable geographic or State sub-
Name of SIP provision EPA approval date Comments
nonattainment area mittal date

* * * * * * *
CAA 110(a)(2)(D)(i) SIP—Interstate Statewide .......................................... 1/30/07 6/26/07, [insert FR page number
Transport. where the document begins].

Subpart WW—Washington ENVIRONMENTAL PROTECTION applicable local agency rules and


AGENCY Federally-approved rules.
■ 3. Section 52.2470 is amended by DATES: This direct final rule will be
adding paragraph (c)(89) to read as 40 CFR Part 52 effective August 27, 2007, without
follows: further notice, unless EPA receives
[EPA–R07–OAR–2007–0457; FRL–8330–7] adverse comment by July 26, 2007. If
§ 52.2470 Identification of plan.
adverse comment is received, EPA will
* * * * * Approval and Promulgation of publish a timely withdrawal of the
Implementation Plans; State of Iowa direct final rule in the Federal Register
(c) * * *
AGENCY: Environmental Protection informing the public that the rule will
(89) On January 17, 2007, the
Agency (EPA). not take effect.
Washington State Department of
ACTION: Direct final rule. ADDRESSES: Submit your comments,
Ecology submitted a SIP revision to
meet the requirements of Clean Air Act identified by Docket ID No. EPA–R07–
SUMMARY: EPA is approving a revision to OAR–2007–0457, by one of the
section 110(a)(2)(D)(i). EPA is approving
the Iowa State Implementation Plan following methods:
this submittal.
(SIP). The purpose of this revision is to 1. http://www.regulations.gov. Follow
[FR Doc. E7–12234 Filed 6–25–07; 8:45 am] update the Polk County Board of Health the on-line instructions for submitting
sroberts on PROD1PC70 with RULES

BILLING CODE 6560–50–P Rules and Regulations, Chapter V, Air comments.


Pollution. These revisions reflect 2. E-mail: Hamilton.heather@epa.gov.
updates to the Iowa statewide rules 3. Mail: Heather Hamilton,
previously approved by EPA and will Environmental Protection Agency, Air
ensure consistency between the Planning and Development Branch, 901

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