[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[Senate]
[Pages 21600-21602]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-2916. A communication from the Acting Assistant 
     Administrator for Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Northeastern United States; Atlantic Sea Scallop Fishery; 
     State Waters Exemption'' (RIN0648-AX54) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 19, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2917. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Pacific Ocean Perch in the West 
     Yakutat District of the Gulf of Alaska'' (RIN0648-XQ72) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on August 20, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2918. A communication from the Director of Sustainable 
     Fisheries, National Marine Fisheries Service, Department of 
     Commerce, transmitting, pursuant to law, the report of a rule 
     entitled ``Fisheries of the Exclusive Economic Zone Off 
     Alaska; Pacific Ocean Perch in the Western Regulatory Area of 
     the Gulf of Alaska'' (RIN0648-XQ76) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 20, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2919. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries Off West Coast States; 
     Modifications of the West Coast Commercial and Recreational 
     Salmon Fisheries; Inseason Actions No. 1, No. 2, and No. 3'' 
     (RIN0648-XQ50) received in the Office of the President of the 
     Senate on September 8, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2920. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Pacific Cod by Non-American 
     Fisheries Act Crab Vessels Catching Pacific Cod for 
     Processing by the Inshore Component in the Central Regulatory 
     Area of the Gulf of Alaska'' (RIN0648-XR04) received in the 
     Office of the President of the Senate on September 8, 2009; 
     to the Committee on Commerce, Science, and Transportation.
       EC-2921. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Northern Rockfish in the Gulf of 
     Alaska'' (RIN0648-XQ26) as received during adjournment of the 
     Senate in the Office of the President of the Senate on August 
     19, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2922. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Magnuson-Stevens Fishery 
     Conservation and Management Act Provisions; Fisheries of the 
     Northeastern United States; Atlantic Sea Scallop Fishery; 
     Closure of the Limited Access General Category Scallop 
     Fishery to Individual Fishing Quota Scallop Vessels'' 
     (RIN0648-XQ36) as received during adjournment of the

[[Page 21601]]

     Senate in the Office of the President of the Senate on August 
     19, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2923. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries Off West Coast States; 
     Coastal Pelagic Species Fisheries; Closure'' (RIN0648-XQ35) 
     as received during adjournment of the Senate in the Office of 
     the President of the Senate on August 19, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2924. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Exclusive 
     Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 
     and 543'' (RIN0648-XQ93) as received during adjournment of 
     the Senate in the Office of the President of the Senate on 
     August 31, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2925. A communication from the Acting Director of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries of the Northeastern 
     United States; Atlantic Mackerel, Squid, and Butterfish 
     Fisheries; Total Allowable Catch (TAC) Harvested for Loligo 
     Squid Trimester II'' (RIN0648-XQ73) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 31, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2926. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revisions to Digital Flight Data Recorder Regulations for 
     Boeing 737 Airplanes and for All Part 125 Airplanes'' 
     (RIN2120-AG87) as received during adjournment of the Senate 
     in the Office of the President of the Senate on August 31, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2927. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Activation of Ice Protection'' (RIN2120-AI90) as received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on August 10, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2928. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Standards; Fire Protection'' (RIN2120-AJ04) 
     as received during adjournment of the Senate in the Office of 
     the President of the Senate on August 10, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2929. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment, Revision, and Removal of Area Navigation 
     (RNAV) Routes; Alaska'' ((RIN2120-AA66) (8-10/8-11/0926/AAL-
     24)) as received during adjournment of the Senate in the 
     Office of the President of the Senate on August 31, 2009; to 
     the Committee on Commerce, Science, and Transportation.
       EC-2930. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revocation of VOR Federal Airway--329; Alabama-Florida'' 
     ((RIN2120-AA66) (8-10/8-11/0229/ASO-13)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 31, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2931. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class E Airspace; Plentywood, Montana'' 
     ((RIN2120-AA66) (8-10/8-11/0025/ANM-4)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 31, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2932. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Ironwood, Michigan'' 
     ((RIN2120-AA66) (7-30/7-30/0052/AGL-1)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 10, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2933. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Monee, Illinois'' ((RIN2120-
     AA66) (7-30/7-30/1314/AGL-21)) as received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     August 10, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2934. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Iowa Falls, Iowa'' 
     ((RIN2120-AA66) (7-31/1272/ACE-4)) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on August 10, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-2935. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Honeywell International Inc. 
     TPE331-10 and TPE331-11 Series Turboprop Engines'' ((RIN2120-
     AA64) (8-17/8-18/0555/NE-18)) received in the Office of the 
     President of the Senate on September 9, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2936. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Ten Sleep, Wyoming)'' (MB Docket No. 08-242) as received 
     during adjournment of the Senate in the Office of the 
     President of the Senate on August 19, 2009; to the Committee 
     on Commerce, Science, and Transportation.
       EC-2937. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Television 
     Broadcasting Services; Santa Fe, New Mexico'' ((DA 09-1757) 
     (MB Docket No. 09-110)) as received during adjournment of the 
     Senate in the Office of the President of the Senate on August 
     19, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2938. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Television 
     Broadcasting Services; Colorado Springs, Colorado'' ((DA 09-
     1758) (MB Docket No. 09-111)) as received during adjournment 
     of the Senate in the Office of the President of the Senate on 
     August 19, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2939. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Television 
     Broadcasting Services; Fond du Lac, Wisconsin'' ((DA 09-1794) 
     (MB Docket No. 09-115)) as received during adjournment of the 
     Senate in the Office of the President of the Senate on August 
     31, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2940. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Dulac, Louisiana)'' ((RM-11513) (MB Docket No. 09-18)) as 
     received during adjournment of the Senate in the Office of 
     the President of the Senate on August 19, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-2941. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment 
     Section 73.202(b), Table of Allotments, FM Broadcast Stations 
     (Waverly, Alabama)'' ((MB Docket No. 09-54) (RM-11520)) 
     received in the Office of the President of the Senate on 
     September 8, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-2942. A communication from the Assistant Secretary of 
     the Navy (Installations and Environment), transmitting, 
     pursuant to law, a report relative to the Department of the 
     Navy converting to contract the administrative management and 
     correspondence functions currently being performed by six (6) 
     military personnel of the Fleet Air Reconnaissance Squadron 
     Seven (VQ-7), located at Tinker Air Force Base, Oklahoma; to 
     the Committee on Armed Services.
       EC-2943. A communication from the Acting Deputy Under 
     Secretary of Defense (Acquisition and Technology), 
     transmitting, pursuant to law, a report entitled ``Department 
     of Defense Report to Congress on Commercial Software Reuse 
     Preference, Section 803 of Public Law 110-417''; to the 
     Committee on Armed Services.
       EC-2944. A communication from the Deputy Director of 
     Regulations and Policy Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Defining `Small Number of Animals' for Minor Use 
     Designation'' ((Docket No. FDA-2008-N-0176) (RIN0910-AG03)) 
     received in the Office of the President of the Senate on 
     September 8, 2009; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-2945. A communication from the Deputy Director of 
     Regulations and Policy Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Advisory Committee; Tobacco Products Scientific Advisory 
     Committee; Establishment'' (Docket No. FDA-2009-N-0381) 
     received in the Office of the President of the Senate in 
     September 8, 2009;

[[Page 21602]]

     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-2946. A communication from the Chief of the Planning and 
     Regulatory Affairs Branch, Supplemental Foods Programs 
     Division, Department of Agriculture, transmitting, pursuant 
     to law, the report of a rule entitled ``Special Supplemental 
     Nutrition Program for Women, Infants and Children (WIC): 
     Implementation of Nondiscretionary WIC Certifications and 
     General Administrative Provisions'' (RIN0584-AD73) received 
     in the Office of the President of the Senate on September 9, 
     2009; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-2947. A communication from the Administrator of Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Irish Potatoes Grown in Certain 
     Designated Counties in Idaho, and Malheur County, Oregon and 
     Imported Irish Potatoes; Relaxation of Size Requirements'' 
     ((Docket No. AMS-FV-08-0062) (FV08-945-1 FR)) received in the 
     Office of the President of the Senate on September 10, 2009; 
     to the Committee on Agriculture, Nutrition, and Forestry.
       EC-2948. A communication from the Administrator of Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Raisins Produced From Grapes 
     Grown in California; Final Free and Reserve Percentages for 
     2008-09 Crop Natural (Sun-Dried) Seedless Raisins'' ((Docket 
     No. AMS-FV-08-0114) (FV09-989-1 FIR)) received in the Office 
     of the President of the Senate on September 10, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-2949. A communication from the Administrator of Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Kiwifruit Grown in California; 
     Change in Reporting Requirements'' ((Docket No. AMS-FV-08-
     0017) (FV08-920-2 FR)) received in the Office of the 
     President of the Senate on September 10, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-2950. A communication from the Administrator of Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Vegetables, Import Regulations; 
     Partial Exemption to the Minimum Grade Requirements for Fresh 
     Tomatoes'' ((Docket No. AMS-FV-08-0097) (FV09-980-1 FR)) 
     received in the Office of the President of the Senate on 
     September 10, 2009; to the Committee on Agriculture, 
     Nutrition, and Forestry.
       EC-2951. A communication from the Administrator of Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Dried Prunes Produced in 
     California; Decreased Assessment Rate'' ((Docket No. AMS-FV-
     09-0048) (FV09-993-1 IFR)) received in the Office of the 
     President of the Senate on September 10, 2009; to the 
     Committee on Agriculture, Nutrition, and Forestry.
       EC-2952. A communication from the Administrator of Fruit 
     and Vegetable Programs, Agricultural Marketing Service, 
     Department of Agriculture, transmitting, pursuant to law, the 
     report of a rule entitled ``Oranges, Grapefruit, Tangerines, 
     and Tangelos Grown in Florida; Order Amending Marketing Order 
     No. 905'' ((Docket No. AMS-FV-07-0132) (FV08-905-1)) received 
     in the Office of the President of the Senate on September 10, 
     2009; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-2953. A communication from the Acting Assistant 
     Secretary for Export Administration, Bureau of Industry and 
     Security, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Revisions to Certain 
     End-User Controls under the Export Administration 
     Regulations; Clarification Regarding License Requirements for 
     Transfers (in-country) to Persons Listed on the Entity List'' 
     (RIN0694-AE54) received in the Office of the President of the 
     Senate on September 8, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-2954. A communication from the Acting Assistant 
     Secretary for Export Administration, Bureau of Industry and 
     Security, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Cuba: Revisions to Gift 
     Parcel and Baggage Restrictions, Creation of License 
     Exception for Donated Consumer Communications Devices and 
     Expansion of Licensing Policy Regarding Telecommunications'' 
     (RIN0694-AE60) received in the Office of the President of the 
     Senate on September 8, 2009; to the Committee on Banking, 
     Housing, and Urban Affairs.
       EC-2955. A communication from the Special Inspector General 
     for the Troubled Asset Relief Program, transmitting, the 
     Quarterly Report to Congress of the Special Inspector General 
     for the Troubled Asset Relief Programs; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-2956. A communication from the Assistant General Counsel 
     for Legislation and Regulatory Law, Department of Energy, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Assistance Regulations'' (RIN1991-AB77) as received during 
     adjournment of the Senate in the Office of the President of 
     the Senate on September 2, 2009; to the Committee on Energy 
     and Natural Resources.
       EC-2957. A communication from the Senior Counsel for 
     Regulatory Affairs, Office of Domestic Finance, Department of 
     the Treasury, transmitting, pursuant to law, the report of a 
     rule entitled ``Payments in Lieu of Low Income Housing Tax 
     Credits'' (RIN1505-AC17) received in the Office of the 
     President of the Senate on September 8, 2009; to the 
     Committee on Finance.
       EC-2958. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Corrections to Rev. Proc. 2009-39 Regarding 
     Taxpayers Before the Joint Committee on Taxation'' (Notice 
     2009-67) received in the Office of the President of the 
     Senate on September 9, 2009; to the Committee on Finance.
       EC-2959. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Revocation of Elections by Multiemployer 
     Defined Benefit Pension Plans to Freeze Funded Status under 
     Section 204 of WRERA'' (Notice 2009-43) received in the 
     Office of the President of the Senate on September 10, 2009; 
     to the Committee on Finance.
       EC-2960. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``Public-Private Investment Partnerships'' 
     (Rev. Proc. 2009-42) received in the Office of the President 
     of the Senate on September 10, 2009; to the Committee on 
     Finance.
       EC-2961. A communication from the Chief of the Publications 
     and Regulations Branch, Internal Revenue Service, Department 
     of the Treasury, transmitting, pursuant to law, the report of 
     a rule entitled ``2009 Marginal Production Rates under 
     Section 613A'' (Notice 2009-74) received in the Office of the 
     President of the Senate on September 10, 2009; to the 
     Committee on Finance.
       EC-2962. A communication from the Secretary General of the 
     Organization for Security and Co-operation in Europe (OSCE) 
     Parliamentary Assembly, transmitting, a report relative to 
     the Vilnius Declaration of the OSCE Parliamentary Assembly 
     and Resolutions Adopted at the Eighteenth Annual Session; to 
     the Committee on Foreign Relations.
       EC-2963. A communication from the Deputy Director of 
     Regulations and Policy Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Charging for Investigational Drugs under an Investigational 
     New Drug Application'' ((Docket No. FDA-2006-N-0237) 
     (RIN0910-AF13)) received in the Office of the President of 
     the Senate on September 8, 2009; to the Committee on Health, 
     Education, Labor, and Pensions.
       EC-2964. A communication from the Deputy Director of 
     Regulations and Policy Management Staff, Food and Drug 
     Administration, Department of Health and Human Services, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Expanded Access to Investigational Drugs for Treatment 
     Use'' ((Docket No. FDA-2006-N-0238) (RIN0910-AF14)) received 
     in the Office of the President of the Senate on September 8, 
     2009; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-2965. A communication from the Director, National Drug 
     Control Policy, Executive Office of the President, 
     transmitting, pursuant to law, an addendum to the report 
     entitled ``Fiscal Year 2008 Performance Summary Report''; to 
     the Committee on the Judiciary.
       EC-2966. A communication from the Deputy General Counsel, 
     Office of Financial Assistance, Small Business 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``American Recovery and Reinvestment Act: 504 
     Loan Program Debt Refinancing'' (RIN3245-AF91) received in 
     the Office of the President of the Senate on September 8, 
     2009; to the Committee on Small Business and 
     Entrepreneurship.
       EC-2967. A communication from the Deputy General Counsel, 
     Office of Financial Assistance, Small Business 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Small Business Investment Companies--
     Leverage Eligibility and Portfolio Diversification 
     Requirements'' (RIN3245-AF92) received in the Office of the 
     President of the Senate on September 8, 2009; to the 
     Committee on Small Business and Entrepreneurship.

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