[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Notices]
[Pages 67669-67672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32534]
[[Page 67669]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 092498A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Explosives Testing at Eglin Air Force Base, FL
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA), as amended, notification is hereby given that an Incidental
Harassment Authorization (IHA) has been issued to the U.S. Air Force to
take small numbers of bottlenose dolphins, spotted dolphins, and
possibly other cetacean species by harassment and non-serious injury
incidental to explosive testing of obstacle and mine clearance systems
at Eglin Air Force Base (Eglin), FL.
DATES: This authorization is effective from December 1, 1998, through
March 31, 1999.
ADDRESSES: A copy of the application and draft environmental
assessments (EAs) may be obtained by writing to the Chief, Marine
Mammal Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225, or by telephoning one of the contacts listed here.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead 301-713-2055, or
David Bernhart, 727-570-5312.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce to allow, upon request, the incidental, but
not intentional, taking of marine mammals by U.S. citizens who engage
in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and
regulations are issued.
Permission may be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s) and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses and that the permissible methods of
taking and requirements pertaining to the monitoring and reporting of
such taking are set forth. NMFS has defined ``negligible impact'' in 50
CFR 216.103 as ``...an impact resulting from the specified activity
that cannot be reasonably expected to, and is not reasonably likely to,
adversely affect the species or stock through effects on annual rates
of recruitment or survival.''
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which U.S. citizens can apply for an authorization to
incidentally take small numbers of marine mammals by harassment for a
period of up to 1 year. The MMPA defines ``harassment'' as:
...any act of pursuit, torment, or annoyance which (a) has the
potential to injure a marine mammal or marine mammal stock in the
wild; or (b) has the potential to disturb a marine mammal or marine
mammal stock in the wild by causing disruption of behavioral
patterns, including, but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering.
Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and a
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the comment period, NMFS must either issue or deny issuance of
the authorization.
Summary of Request
On July 20, 1998, NMFS received a complete application from the Air
Force Development Test Center, Department of the Air Force, Eglin. The
Air Force, in cooperation with the Naval Surface Warfare Center-Coastal
Systems Station (NSWC-CSS), U.S. Navy, is requesting an authorization
to take, by harassment and non-serious injury, bottlenose dolphins
(Tursiops truncatus), spotted dolphins (Stenella plagiodon), and
possibly other cetacean species incidental to explosive testing of
obstacle and mine clearance systems at Eglin. Eglin is located in the
Florida Panhandle, approximately midway between the cities of Pensacola
and Panama City, FL. The location of the proposed action is on the
beach areas on Santa Rosa Island (SRI), approximately 27 kilometers
(km)(17 miles (mi)) west of Destin, FL.
The Navy's current capability to clear obstacles and mines in the
surf zone is limited to the hand placement of explosive charges by Navy
combat swimmers. The effectiveness of this capability is limited by the
ability of swimmers to locate submerged targets and to carry sufficient
explosives to destroy the targets. Such operations are considered
highly hazardous, and the reliability of obstacle removal is considered
to be poor. To facilitate U.S. Marine amphibious assaults, the U.S.
Navy is committed to developing and testing methods to safely and
effectively clear a path through such obstacles.
NWSC-CSS has requested permission from Eglin to test four anti-mine
systems in the shallow surf zone along U.S. Air Force-controlled lands
of SRI. The four test systems are the Shallow Water Assault Breaching
(SABRE) system, the Distributed Explosive Technology (DET) system, the
MK-82 general purpose bombs (GPBs), and the MK-5 Mine Clearance System
(MCS).
The proposed action is to perform up to a total of 10 underwater
detonation tests (2 tests using the SABRE system and up to 8 tests
using the DET array); and a series of tests of explosive systems at
Eglin.
In order to avoid impacting the endangered West Indian manatee
(Trichiechus manatus)(which is more commonly found south of the region
and during warmer months) and sea turtles, tests will be conducted in
the fall and winter 1998/99. While a brief description of the four
systems proposed for testing is included here, more detailed
descriptions of the activity and the expected impact can be found in
the application and in the two EAs on the activities. These documents
are available upon request (see ADDRESSES).
SABRE System
An operational full-length SABRE-line charge consists of 130 10-
pound (lb)(4.5 kg) net explosive weight (N.E.W.) charges on 3-ft (0.9
m) centers which is deployed from a Landing Craft Air-Cushion (LCAC) by
an MK-22 Mod 4 rocket motor. Each charge consists of approximately 9.6
lb (4.3 kg) of PBXN-103 explosive and a W-11 booster, weighing
approximately 0.4 lb (0.2 kg). A detonating cord runs through the
centers of the booster and main charge.
For the two proposed tests, a total of 22 and 23 SABRE charges will
be hand-laid on the sea bottom, perpendicular to the beach in 3 ft (.91
m) and 10 ft (3.0 m) of water, respectively. For both tests, the
detonation sequence will be from the offshore end toward the beach. For
these events, 27 to 31 inert mines will be placed perpendicular to the
line charge and parallel to the shoreline. Total NE.W. of the SABRE
tests will be 221 lb (100.2 kg) and 232 lb (105.2 kg), respectively.
DET System
An operational, full-size DET array consists of parallel lines of
detonating cord, whose overall footprint is 180 by 180 ft (54.9 m by
54.9 m). The array is
[[Page 67670]]
packed in a container and launched from an LCAC by two MK-22 Mod 4
rocket motors for expansion and subsequent deployment.
Full-scale systems are not required for these tests. Previous tests
have shown that partial-length SABRE segments and partial-size DET
arrays are adequate for evaluations. The data acquired from small-scale
tests can be scaled up in order to make predictions for military
applications. Thus, for the DET system, the Navy is proposing to use an
11-ft by 60-ft (3.3 m by 18.3 m) DET array in 3 ft (0.9 m) of water.
There will be eight separate DET events, spanning several days, with
two to three arrays tested per day. The NE.W. of each array is 42 lb
(19 kg), with arrays being detonated at the seaward end. Each array
will be placed above a maximum of four live mines consisting of either
22 or 26.4 lb (10 or 12 kg) of explosive. Therefore, depending upon the
mine type, total NE.W. of each test would be up to either 130 lb (59
kg) or 147.6 lb (67 kg). DET events will be hand-deployed from a boat
and exploded electronically by trained personnel.
MK-82 GPBs
The proposed action is an evaluation of the MK-82 GPBs to clear
anti-invasion beach obstacles and mines in the surf zone. The MK-82
GPBs to be tested consist of seven GPBs, each containing 192 lb (87.1
kg) of explosive for a total NE.W. of 1,344 lb (610 kg). The
configuration for testing will be a linear arrangement of seven bombs
spaced 24 ft (7.3 m) apart, located parallel to the shoreline in 6 ft
(1.8 m) of water.
Two separate deployments and firings are required to test this
configuration. All MK-82s will be buried vertically to approximately
one-half length (about 3 ft (0.9 m)) by jetting. The MK-82s will be
detonated using approximately 1/4 block of C-4 explosive paced into the
aft fuse well. The MK-82s will be detonated simultaneously in 6 ft (1.8
m) of water using remote detonators to detonate the C-4. Beach
obstacles (log posts, concrete cubes, and steel hedgehogs) and inert
mines will be placed around the bombs to serve as targets for bomb
fragments and blast.
MK-5 MCS
The MK-5 MCS consists of a 350-ft (106.7 m) continuous length
charge of composition C-4 explosive (with a distribution of 5 lb (2.3
kg) per linear foot and a pair of detonating cords (totaling 11 lb (5
kg). Total NE.W. of the system is 1,750 lb (794 kg). The MK-5 MCS would
be deployed in the surf zone about 550 ft (167.6 m) from shore by an
LCAC. Once fully deployed, it will then be detonated. Testing will take
place over a 3-day period. On the first day, there will be inert
firings of four MK5 systems. The second day will consist of one inert
firing and one live firing of a MK5 system. The third day will consist
of three separate live firings.
Comments and Responses
A notice of receipt of the application and proposed authorization
was published on October 13, 1998 (63 FR 54676), and a 30-day public
comment period was provided on the application and proposed
authorization. During the 30-day comment period, comments were received
from the Marine Mammal Commission (MMC), the Animal Protection
Institute (API), the Animal Rights Foundation of Florida, and two
private citizens.
Comment 1: Two commenters expressed concern that the underwater
explosions would affect the sensory perceptions of wild dolphins and
would inflict unnecessary stress and possible injury to the animals.
Response: While underwater explosions have the potential to harass,
injure, or kill marine mammals, the notice of proposed authorization
and the accompanying EAs provided information on mitigation measures
that would be undertaken by the applicant to ensure that no mortality
or serious injuries and few harassment takings would occur. These
measures are repeated later in this document.
Comment 2: Two individuals recommended that the tests be conducted
at an inland lake or pond on the Eglin property.
Response: As discussed in the draft EAs, while some testing can be
conducted in ponds, test ponds are unable to replicate the sea and surf
conditions, including wave action and berm formation, found in the
nearshore coastal waters. These conditions are necessary for successful
testing.
Comment 3: While recognizing that subsection 101(a)(5)(D) of the
MMPA authorizes the incidental harassment of marine mammals, the API
expressed concern over the numbers of dolphins that may be impacted by
the activity. They believe that the number of dolphins proposed for a
take by harassment should not be considered a small number.
Response: Interim regulations implementing subsection 101(a)(5)(D)
of the MMPA were issued on April 10, 1996 (61 FR 15884). These
regulations contain specific definitions to interpret Congressional
meaning of the terms ``small numbers'' and ``negligible impact.'' For
the purposes of this part, ``small numbers'' means a portion of a
marine mammal species or stock whose taking would have a negligible
impact on that species or stock. ``Negligible impact'' is an impact
resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival. Because, due to mitigation measures required under IHA, no
marine mammals are likely to be killed or seriously injured by the
proposed activities, harassment takings are expected to be reduced to
the lowest level practicable, the number of authorized takings is
considered small, and the takings have no more than a negligible impact
on the affected species and stocks of marine mammals.
Comment 4: The API also believes that, because explosives have a
potential lethal impact on marine mammals, the application and
authorization would not fall under MMPA subsection 101(a)(5)(D).
Response: Depending upon the distance between the explosive and the
animal and the charge weight, explosives in the marine environment have
the potential to seriously injure or kill marine mammals. However, if
mitigating measures imposed on an applicant's activity through an IHA
reduce the impacts of the activity such that it is unlikely that
serious injury or mortality will result, then an IHA may be
appropriate. If however, upon review, an activity's mitigation measures
are not considered sufficient to eliminate mortality and serious
injury, NMFS will deny the application request and recommend the
applicant apply for a taking authorization under subsection
101(a)(5)(A) of the MMPA. An authorization under that section of the
MMPA allows for lethal takings incidental to an activity.
Comment 5: The API recommends that NMFS deny an IHA to the Air
Force to test underwater anti-mine devices in the waters off Eglin. One
individual recommended denial, partly because it would open the door to
future testing that could be harmful to marine life.
Response: NMFS would like to clarify that NMFS' responsibility in
this action is limited to the issuance or denial of an authorization
for the short-term, incidental harassment of a small number of marine
mammals by the Air Force while conducting explosive testing of obstacle
and mine clearance systems at Eglin. NMFS does not authorize the
activity itself, as such authorization is provided by the U.S.
Department of Defense and is not within the jurisdiction of the
Secretary of
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Commerce. As provided by subsection 101(a)(5)(D) of the MMPA, unless
NMFS finds that the activity will result in a taking of marine mammals
that is either not small or results in more than a negligible impact,
the authorization is warranted. Authorizations to take marine mammals
incidental to detonating explosives in the marine environment have been
issued previously.
Comment 6: Concerned that there is the possibility that a manatee
could be within the zone of influence of the detonations, the MMC
recommended the Air Force consult with the U.S. Fish and Wildlife
Service (USFWS) under section 7 of the Endangered Species Act (ESA).
Response: The Air Force consulted with the USFWS under section 7 of
the ESA on this activity. This consultation was principally for the
Gulf sturgeon, a listed fish species. Neither agency indicated that
manatees inhabit the test area during the time of the year that tests
are authorized.
Description of Habitat and Marine Mammals Affected by the Activity
A description of the project area ecosystem in the eastern Gulf of
Mexico (GOM) can be found in the application and in the associated
draft EAs and needs not be repeated here.
Marine Mammals
Although approximately 27 species of marine mammals (whales,
dolphins, and porpoises) reside in or pass through the northeastern
GOM, the only species of marine mammals that are likely to be impacted
by the activities proposed for the shallow coastal waters off SRI are
the bottlenose dolphin (Tursiops truncatus) and the Atlantic spotted
dolphin (Stenella frontalis). Information on these two species may be
found in the application and in the supporting EAs for these projects.
Additional information on these and other species of marine mammals in
the GOM can be found in Blaylock et al. (1995) and Waring et al.
(1997). Please refer to those documents for information on the biology,
distribution, and abundance of these species.
Potential Effects of Explosives on Marine Mammals
Potential impacts to those marine mammal species known to occur in
the SRI area from explosives include both lethal and non-lethal injury,
as well as incidental harassment. The pressure wave from the explosive
can impact air cavities, such as lungs and intestines. Extensive
hemorrhaging into the lungs due to underwater shock waves may cause
death to a marine mammal through suffocation (Hill, 1978). Other common
injuries which may result in mortality include circulatory failure,
broncho-pneumonia in damaged lungs, or peritonitis resulting from
perforations of the intestinal wall (Hill, 1978). Because impulse
levels sufficient to cause lethal injury increase with increased mammal
mass (Yelverton et al., 1973), conservative criteria are based on the
lowest possible affected mammalian weight (e.g., an infant dolphin).
Extensive lung hemorrhage is an injury which would be debilitating, and
not all animals would be expected to survive (1- percent mortality is
predicted at the onset level). As the severity of extensive lung
hemorrhage increases beyond the onset level, gastro-intestinal tract
injuries can increase significantly. The expected mortality level
associated with these combined severe injuries would be significantly
higher than 1 percent (U.S. Navy, 1998).
Non-lethal injuries involve slight lung hemorrhage and tympanic
membrane (TM) rupture from which the mammal is expected to recover
(Yelverton et al., 1973; Richmond et al., 1973). Eardrum damage
criteria are based upon a limited number of small charge tests
(Yelverton et al., 1973; Richmond et al., 1973). Ranges for percent TM
rupture incurred by underwater explosives can be calculated by a
conservative TM damage model (U.S. Navy, 1996). General criteria for TM
damage have been reported to occur at impulse levels down to 20 psi-
msec (Yelverton et al., 1973).
Because eardrum (e.g., TM) rupture, rather than slight lung
hemorrhage, usually occurs at lower impulse levels, TM rupture is used
by NMFS and others to conservatively define the non-lethal injury zone.
A maximum impulse of 10 psi-msec is often considered to define the non-
lethal injury zone, where a very low incidence of blast injuries are
likely to occur (Yelverton et al., 1973). A level of pressure impulse
at which marine mammals are not expected to experience non-lethal
injury (nor instantaneous mortality or lethal injury) is reported to be
5 psi-msec (Yelverton et al., 1973). This is the impulse level adopted
by the Air Force to designate no injurious takings by this activity.
In addition to lethal, serious, and non-serious injury, harassment
of marine mammals may occur as a result of non-injurious physiological
responses to an explosion-generated shockwave and its acoustic
signature. Based upon information provided in the SEAWOLF shock trial
final environmental impact statement (U.S. Navy, 1998), a dual
criterion for marine mammal acoustic harassment has been developed for
explosive-generated signals: (1) An energy-based temporary threshold
shift (TTS) injury criterion of 182 dB re 1 uPa2 -sec
derived from experiments with bottlenose dolphins (Ridgway et al.,
1997), and (2) a 12- lbs/in2 (psi) peak pressure cited by
Ketten (1995) as associated with a ``safe outer limit (for the 10,000
lb charge for minimal, recoverable auditory trauma'' (i.e., TTS)). For
this activity, noise levels that fall between the 5 psi-msec and out to
a transmission distance where a noise level of 180 dB re 1
uPa2 -sec (Air Force, 1998) will be considered to fall
within the incidental harassment zone.
The potential impact to Atlantic bottlenose dolphins and the
Atlantic spotted dolphins, the two species that may potentially be
affected, was evaluated using modeling on the effects of underwater
explosions resulting from each of the test systems described previously
(see application). Based upon data provided in Tables 5.2 and 5.3 in
the application, the maximum number of Atlantic bottlenose dolphins
potentially injured from all tests ranges from 4 to 13. The maximum
number of Atlantic spotted dolphins potentially injured from all tests
combined is less than 1. These are the maximum injury levels without
implementation of mitigation.
The estimated total numbers of bottlenose dolphins and spotted
dolphins potentially exposed to takes by harassment are 33 and 1,
respectively. The total number of bottlenose dolphins potentially
exposed to noise from the source of the noise to 180 dB re 1
uPa2 -sec ranges from 4 to 15 for the MK-82 GPB tests, 1 to
3 for the MK5 MCS tests, 1 to 2 for the combined SABRE tests, and 4 to
13 for all DET array tests combined. However, mitigation is expected to
obviate any injury to marine mammals.
Mitigation
There are two forms of mitigation: (1) Natural, as provided by the
environment and (2) human, designed to protect marine mammals to the
greatest extent practicable.
Natural mitigation: Physical characteristics of the proposed test
area and test methods will ameliorate the underwater shock wave. Tests
will be conducted in approximately 3 to 10 ft (0.9 to 3.0 m) of water.
At this shallow depth, some protection of the energy from the
detonations will be directed through the surface of the water rather
than transmitted through the water. Another consequence of the shallow,
as opposed to the deep water detonation depth, is that bubble pulse is
not
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significant and there will be far less energy in any oscillations.
Additionally, these tests will be conducted inside the offshore bar at
the SRI site. The offshore bar ameliorates the transmission of the
underwater portion of the shock wave. Also, MK-82 GPBs will be buried
in bottom sands to approximately their center of gravity (3 ft (0.9 m),
a factor expected to mitigate the transmission of the shock wave as the
detonations will be directed downwards.
Human mitigation: Eglin has established safety zones to prevent
marine mammal injury for each test. These safety zones are: 0.75 km
(0.47 mi) for SABRE-22, 1.0 km (0.62 mi) for SABRE-23, 1.0 km (0.62 mi)
for DET, 6.0 km (3.73 mi) for MK-82 GPB, and 0.5 km (0.31 mi) for MK-5
MCS.
Eglin has proposed that base personnel conduct a 30-minute pre-
detonation aerial monitoring survey immediately prior to each test to
ensure no marine mammals are within each test area's designated safety
zone. With water depths less than 18 m (59 ft), low turbidity, and
white sand bottom, exceptional marine mammal visibility is ensured.
Aerial surveys will be conducted at approximately 100 ft (30.5 m)
elevation.
In order to ensure adequate visibility for locating marine mammals
(and sea turtles), no tests will take place if sea state conditions are
greater than category 3 and water clarity is not adequate for
conducting surveys. No tests will take place if marine mammals or sea
turtles are sighted within the safety zone.
Monitoring
In addition to pre-detonation monitoring mentioned previously,
Eglin will conduct aerial surveys immediately following each detonation
event. The post-test monitoring will be conducted in a similar manner
to the pre-test monitoring, except that observation personnel will be
focusing on locating any injured marine mammals. If any injured marine
mammals are observed during post-test monitoring, subsequent
detonations will be postponed, and the local stranding network
notified. The project will be required to be reviewed by Air Force and
NMFS personnel prior to conducting any additional tests.
Reporting
Any takes of marine mammals other than those authorized by the IHA
will be reported to the Regional Administrator, NMFS, by the next
working day. A draft final report of the entire test results and marine
mammal observations for pre- and post-detonation monitoring will be
submitted to NMFS within 90 days after completion of the last test.
Unless notified by NMFS to the contrary, that draft final report will
be considered the final report under the IHA.
National Environmental Policy Act (NEPA)
As part of its request for a small take authorization, the Air
Force prepared two EAs, one for SABRE and DET and a second document for
the MK-82/MK-5 systems. These EAs, which supplement information
contained in the application, are necessary for determining whether the
activities proposed for receiving small take authorizations are having
a negligible impact on affected marine mammal stocks. NMFS has reviewed
the EAs and concurs with the findings. As a result, NMFS finds that it
is unnecessary to prepare its own NEPA documentation and hereby adopts
the Air Force EAs as its own, as provided by 40 CFR 1506.3. NMFS finds
that the issuance of an IHA to the Air Force will not result in a
signficant environmental impact on the human environment and that it is
unnecessary to either prepare its own NEPA documentation or to
recirculate the Air Force EAs for additional comments.
Consultation
On October 15, 1998, NMFS completed consultation with the Air Force
under section 7 of the ESA. The finding of that consultation was that
the proposed testing activity is not likely to adversely affect
endangered or threatened species of whales or sea turtles, if the
conservation and mitigation measures specified in the Biological
Assessment prepared by the Air Force are undertaken. NMFS concludes,
therefore, that the issuance of an IHA to the Air Force to take small
numbers of bottlenose dolphins, spotted dolphins and possibly other
cetacean species by harassment incidental to explosive testing at Eglin
is not likely to adversely affect endangered or threatened species of
whales or sea turtles.
Conclusions
NMFS has determined that the short-term impact of incidentally
taking small numbers of bottlenose dolphins, spotted dolphins, and
possibly other cetacean species by harassment and non-serious injury
incidental to explosive testing of obstacle and mine clearance systems
at Eglin, as described previously in this document, will result, at
worst, in the brief harassment of these species and possibly in a
temporary behavioral modification. While behavioral modifications may
be made by these species to avoid the resultant acoustic disturbance,
this action is expected to have a negligible impact on both individual
animals and the stocks of these mammals. In addition, no take by injury
and/or death is anticipated, and harassment takes will be at the lowest
level practicable due to incorporation of the mitigation measures
mentioned above.
Since NMFS is assured that the taking would not result in more than
the incidental harassment (as defined by the MMPA) of small numbers of
bottlenose dolphins, spotted dolphins and possibly other cetacean
species and would result in the least practicable impact on the stocks,
NMFS has determined that the requirements of subsection 101(a)(5)(D)
have been met and the authorization can be issued.
Authorization
For the above reasons, NMFS has issued an IHA to the Air Force for
the incidental harassment and non-serious injury of a small number of
bottlenose dolphins, spotted dolphins, and possibly other cetacean
species. NMFS has determined that, provided the mitigation, monitoring,
and reporting requirements described in the authorization are
undertaken the short-term impact of explosives testing for obstacle and
mine clearance systems at Eglin has the potential to result in no more
than a negligible impact on affected marine mammal stocks.
Dated: December 3, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 98-32534 Filed 12-7-98; 8:45 am]
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