[Federal Register Volume 67, Number 135 (Monday, July 15, 2002)]
[Rules and Regulations]
[Pages 46369-46372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17648]



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  Federal Register / Vol. 67, No. 135 / Monday, July 15, 2002 / Rules 
and Regulations  

[[Page 46369]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG97


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the Holtec International HI-STORM 100 cask system 
listing within the list of approved spent fuel storage casks to include 
Amendment 1 to Certificate of Compliance (CoC) Number 1014. This 
amendment modifies the present cask system design to: add four new 
multipurpose canisters; add new containers for damaged fuel; add the 
HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored 
overpacks; allow the storage of high-burnup fuel; delete the Technical 
Specifications for special requirements for the first systems in place 
and for training requirements and relocate these requirements to the 
main body of CoC 1014; and allow the storage of selected nonfuel 
hardware. The amendment also uses revised thermal analysis tools to 
include natural convection heat transfer, revises the helium backfill 
requirements to allow a helium density measurement to be used, allows a 
helium drying system rather than the existing vacuum drying system, and 
requires soluble boron during canister loading for certain higher 
enriched fuels. In addition, modifications will be made to applicable 
CoC conditions and sections of Appendices A and B to the CoC to reflect 
the changes.

EFFECTIVE DATE: July 15, 2002.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301) 
415-6219, e-mail [email protected], of the Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), requires that ``[t]he Secretary [of Energy] shall establish a 
demonstration program, in cooperation with the private sector, for the 
dry storage of spent nuclear fuel at civilian nuclear reactor power 
sites, with the objective of establishing one or more technologies that 
the [Nuclear Regulatory] Commission may, by rule, approve for use at 
the sites of civilian nuclear power reactors without, to the maximum 
extent practicable, the need for additional site-specific approvals by 
the Commission.'' Section 133 of the NWPA states, in part, ``[t]he 
Commission shall, by rule, establish procedures for the licensing of 
any technology approved by the Commission under Section 218(a) for use 
at the site of any civilian nuclear power reactor.''
    To implement this mandate, the NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license, publishing 
a final rule in 10 CFR part 72 entitled, ``General License for Storage 
of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July 18, 1990). 
This rule also established a new Subpart L within 10 CFR part 72 
entitled, ``Approval of Spent Fuel Storage Casks'' containing 
procedures and criteria for obtaining NRC approval of dry storage cask 
designs. The NRC subsequently issued a final rule on May 1, 2000 (65 FR 
25241), that approved the Holtec International HI-STORM 100 cask design 
and added it to the list of NRC-approved cask designs in Sec. 72.214 as 
Certificate of Compliance Number (CoC No.) 1014.

Discussion

    On July 3, 2001, and as supplemented on August 13 and 17, and 
October 5, 12, and 19, 2001, the certificate holder, Holtec 
International, submitted an application to the NRC to amend CoC No. 
1014 to permit a part 72 licensee to: (1) Add four new multipurpose 
canisters--three for pressurized water reactor fuel and one for boiling 
water reactor fuel; (2) add new containers for damaged fuel; (3) add 
the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored 
overpacks; (4) allow the storage of high-burnup fuel; (5) delete the 
Technical Specifications for special requirements for the first systems 
in place and for training requirements and relocate these requirements 
to the main body of CoC 1014; and (6) allow the storage of selected 
nonfuel hardware. The amendment also will utilize revised thermal 
analysis tools to include natural convection heat transfer, revise the 
helium backfill requirements to allow a helium density measurement to 
be used, allow a helium drying system rather than the existing vacuum 
drying system, and require soluble boron during canister loading for 
certain higher enriched fuels. In addition, modifications have been 
made to Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; 
Sections 3.0 and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, 
and 3.0 of Appendix B to the CoC to reflect the changes. No other 
changes to the Holtec International HI-STORM 100 cask system design 
were requested in this application. The NRC staff performed a detailed 
safety evaluation of the proposed CoC amendment request and found that 
an acceptable safety margin is maintained. In addition, the NRC staff 
has determined that there is still reasonable assurance that public 
health and safety and the environment will be adequately protected.
    This rule revises the Holtec International HI-STORM 100 cask design 
listing in Sec. 72.214 by adding Amendment No. 1 to CoC No. 1014. The 
amendment consists of changes to the Technical Specifications as 
described above. The particular Technical Specifications that are 
changed are identified in the NRC staff's Safety Evaluation Report 
(SER) for Amendment 1.
    The NRC published a direct final rule (67 FR 14627; March 27, 2002) 
and the companion proposed rule (67 FR 14662) in the Federal Register 
to revise the Holtec International HI-STORM 100 cask system listing in 
10 CFR 72.214 to include Amendment 1 to the CoC. The comment period 
ended on April 26, 2002. Three comment letters were received on the 
proposed rule. One comment was considered to be

[[Page 46370]]

significant and adverse and warranted withdrawal of the direct final 
rule. A notice of withdrawal was published in the Federal Register on 
June 7, 2002; 67 FR 39260. Additionally, the NRC staff made minor 
editorial changes, in response to the two other comment letters, to 
Appendix B to CoC 1014, for the HI-STORM 100 cask system.
    The NRC finds that the amended Holtec International HI-STORM 100 
cask system, as designed and when fabricated and used in accordance 
with the conditions specified in its CoC, meets the requirements of 
part 72. Thus, use of the Holtec International HI-STORM 100 cask 
system, as approved by the NRC, will continue to provide adequate 
protection of public health and safety and the environment. With this 
final rule, the NRC is approving the use of the Holtec International 
HI-STORM 100 cask system under the general license in 10 CFR part 72, 
Subpart K, by holders of power reactor operating licenses under 10 CFR 
part 50. Simultaneously, the NRC is issuing a final SER and CoC that 
will be effective on July 15, 2002. Single copies of the CoC and SER 
are available for public inspection and/or copying for a fee at the NRC 
Public Document Room, 11555 Rockville Pike, Rockville, MD. Copies of 
the public comments are available for review in the NRC Public Document 
Room, 11555 Rockville Pike, Rockville, MD.

Summary of Public Comments on the Proposed Rule

    The NRC received three comment letters on the proposed rule. The 
comments included the State of Illinois and two from the applicant 
(Holtec International).

Comments on the Holtec International HI-STORM 100 Cask System

    Minor changes were made to Appendix B to the CoC to correct several 
inconsistencies and a typographical error. The SER was not changed as a 
result of public comments. A review of the comments and the NRC staff's 
responses follow:
    Comment: One commenter suggested editorial changes to Appendix B of 
the CoC. These changes include a correction to Table 2.1-1 where the 
term ``water displacement guide tube plugs'' should be used rather than 
the incorrect term ``water displacement rod guide tubes'' and a 
typographical error in Table 
2.1-3.
    Response: The NRC staff agreed with the comments. The suggested 
changes have been made to Appendix B.
    Comment: One commenter raised concerns with the provisions in the 
draft amended certificate that would allow licensees to store certain 
items of nonfuel hardware with the spent fuel in the cask. The 
commenter assumed that this nonfuel hardware was Greater-than-Class-C 
(GTCC) waste and noted that the NRC, in a recent rulemaking, had 
prohibited commingling of GTCC waste and spent fuel in the same cask 
except on a case-by-case basis. The commenter's concerns were focused 
on (1) the storage of GTCC waste commingled with the fuel, (2) the 
possibility of adverse interactions between the chemical elements and 
compounds in the nonfuel hardware and the fuel as well as the material 
components of the cask, and (3) the absence of documentation of NRC's 
analysis and criteria to accept storage of the nonfuel hardware.
    Response: The NRC disagrees with the comment. First, under 10 CFR 
72.3, spent fuel is defined to include ``the special nuclear material, 
byproduct material, source material, and other radioactive materials 
associated with fuel assemblies.'' The nonfuel hardware included 
burnable poison rod assemblies, thimble plug devices, control rod 
assemblies, axial power shaping rods, wet annular burnable absorbers, 
rod cluster control assemblies, control element assemblies, water 
displacement guide tube plugs, and orifice rod assemblies. These 
nonfuel hardware items permitted to be stored in the cask by this 
amendment are ``other radioactive materials associated with fuel 
assemblies.'' As explained in the GTCC waste rule,\1\ the NRC believes 
that appropriate interim storage for these nonfuel components is with 
the associated spent fuel. However, with respect to GTCC waste that is 
not integral to spent fuel assemblies, the NRC concluded that this 
waste should not be stored in the same cask with spent fuel and that 
storing this waste would only be allowed on a case-by-case basis after 
a thorough analysis of possible adverse interactions between the 
materials in these components and the materials in the cask.
---------------------------------------------------------------------------

    \1\ The NRC published a final rule amending 10 CFR part 72 which 
authorized the storage of GTCC waste under a Part 72 specific 
license on October 11, 2001; 66 FR 51823.
---------------------------------------------------------------------------

    Second, materials interaction between spent fuel and radioactive 
materials associated with fuel assemblies was considered in the 
definitions at 10 CFR 72.3 and in the recent rulemaking associated with 
Interim Storage for Greater Than Class C Waste at 66 FR 51823, and the 
comment provided no new information suggesting a need for 
reconsideration of this issue in this rulemaking. From basic corrosion 
principles, in order for galvanic corrosion/chemical reactions to occur 
between the spent fuel, the confinement boundary, and nonfuel hardware, 
an electrolyte is needed (water) and the components must be fairly far 
apart from one another on the galvanic series. The NRC staff approved 
the storage of the nonfuel hardware because the cask is dry, backfilled 
with an inert gas (i.e., no electrolyte is present), and the materials 
are not at the extreme end of the galvanic series from the spent fuel.
    Third, in documenting the NRC's review findings and conclusions, it 
is neither practical nor appropriate to specify each detail considered 
in the staff's determination of acceptability. Rather, the 
documentation focuses on the safety and risk significant factors of the 
cask's overall performance in areas such as structural integrity, 
confinement boundary integrity, fuel cladding integrity, radiation 
shielding, criticality safety, heat removal, and operations and 
maintenance during normal and accident conditions. Although materials 
interactions with the nonfuel hardware identified in the comment were 
considered for acceptability in dry cask storage systems, they do not 
present conditions that are significant enough to warrant documentation 
in the SER.

Summary of Final Revisions

Section 72.214  List of Approved Spent Fuel Storage Casks

    Certificate No. 1014 is revised by adding the effective date of the 
initial certificate and the effective date of Amendment Number 1.

Good Cause To Dispense With Deferred Effective Date Requirement

    The NRC finds that good cause exists to waive the 30-day deferred 
effective date provisions of the Administrative Procedure Act (5 U.S.C. 
553(d)). The primary purpose of the delayed effective date requirement 
is to give affected persons; e.g., licensees, a reasonable time to 
prepare to comply with or take other action with respect to the rule. 
In this case, the rule does not require any action to be taken by 
licensees. The regulation allows, but does not require, use of the 
amended Holtec International HI-STORM 100 cask system for the storage 
of spent nuclear fuel. The amended Holtec International HI-STORM 100 
cask system meets the requirements of 10 CFR part 72, is ready to be 
used, and, as approved by the NRC, will continue to provide adequate 
protection of public health and safety and the environment.

[[Page 46371]]

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws, but does not confer 
regulatory authority on the State.

Voluntary Consensus Standards

    The National Technology Transfer Act of 1995 (Public Law 104-113) 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this final rule, the NRC is amending the Holtec 
International HI-STAR 100 cask system within the list of NRC-approved 
cask systems for spent fuel storage in 10 CFR 72.214. This action does 
not constitute the establishment of a standard that establishes 
generally-applicable requirements.

Finding of No Significant Environmental Impact: Availability

    Under the National Environmental Policy Act of 1969, as amended, 
and the Commission's regulations in Subpart A of 10 CFR part 51, the 
NRC has determined that this rule is not a major Federal action 
significantly affecting the quality of the human environment and 
therefore an environmental impact statement is not required. This final 
rule amends the CoC for the Holtec International HI-STORM 100 cask 
system within the list of approved spent fuel storage casks that power 
reactor licensees can use to store spent fuel at reactor sites under a 
general license. The amendment modifies the present cask system design 
to: (1) Add four new multipurpose canisters--three for pressurized 
water reactor fuel and one for boiling water reactor fuel; (2) add new 
containers for damaged fuel; (3) add the HI-STORM 100S overpack and the 
100A and 100SA high-seismic anchored overpacks; (4) allow the storage 
of high-burnup fuel; (5) delete the Technical Specification for special 
requirements for the first systems in place and for training 
requirements and relocate these requirements to the main body of CoC 
1014; and (6) allow the storage of selected nonfuel hardware. The 
amendment also utilizes revised thermal analysis tools to include 
natural convection heat transfer, revises the helium backfill 
requirements to allow a helium density measurement to be used, allows a 
helium drying system rather than the existing vacuum drying system, and 
requires soluble boron during canister loading for certain higher 
enriched fuels. In addition, modifications have been made to Conditions 
1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections 3.0 and 5.0 of 
Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of Appendix B to 
the CoC to reflect the changes. The environmental assessment and 
finding of no significant impact on which this determination is based 
are available for inspection at the NRC Public Document Room, One White 
Flint North, 11555 Rockville Pike, Room O-1F23, Rockville, MD. Single 
copies of the environmental assessment and finding of no significant 
impact are available from Jayne M. McCausland, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone (301) 415-6219, e-mail [email protected].

Paperwork Reduction Act Statement

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0132.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the Commission issued an amendment 
to 10 CFR part 72. The amendment provided for the storage of spent 
nuclear fuel in cask systems with designs approved by the NRC under a 
general license. Any nuclear power reactor licensee can use cask 
systems with designs approved by the NRC to store spent nuclear fuel if 
it notifies the NRC in advance, the spent fuel is stored under the 
conditions specified in the cask's CoC, and the conditions of the 
general license are met. In that rule, four spent fuel storage casks 
were approved for use at reactor sites and were listed in 10 CFR 
72.214. That rule envisioned that storage casks certified in the future 
could be routinely added to the listing in 10 CFR 72.214 through the 
rulemaking process. Procedures and criteria for obtaining NRC approval 
of new spent fuel storage cask designs were provided in 10 CFR part 72, 
subpart L. On May 1, 2000 (65 FR 25241), the NRC issued an amendment to 
Part 72 that approved the Holtec International HI-STORM 100 cask design 
by adding it to the list of NRC-approved cask designs in Sec. 72.214. 
On July 3, 2001, and as supplemented on August 13 and 17, and October 
5, 12, and 19, 2001, the certificate holder, Holtec International, 
submitted an application to the NRC to amend CoC No. 1014 to permit a 
part 72 licensee to: (1) Add four new multipurpose canisters--three for 
pressurized water reactor fuel and one for boiling water reactor fuel; 
(2) add new containers for damaged fuel; (3) add the HI-STORM 100S 
overpack and the 100A and 100SA high-seismic anchored overpacks; (4) 
allow the storage of high-burnup fuel; (5) delete the Technical 
Specifications for special requirements for the first systems in place 
and for training requirements and relocate these requirements to the 
main body of CoC 1014; and (6) allow the storage of selected nonfuel 
hardware. The amendment also will utilize revised thermal analysis 
tools to include natural convection heat transfer, revise the helium 
backfill requirements to allow a helium density measurement to be used, 
allow a helium drying system rather than the existing vacuum drying 
system, and require soluble boron during canister loading for certain 
higher enriched fuels. In addition, modifications will be made to 
Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections 3.0 
and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of 
Appendix B to the CoC to reflect the changes.
    The alternative to this action is to withhold approval of this 
amended cask system design and issue a site-specific license to each 
licensee. This alternative would cost both the NRC and the utilities 
more time and money because each utility would have to pursue an 
exemption or a site-specific license. Conducting site-specific reviews 
would ignore the procedures and criteria currently in place for the 
addition of new cask designs that can be used under

[[Page 46372]]

a general license, and would be in conflict with NWPA direction to the 
Commission to approve technologies for the use of spent fuel storage at 
the sites of civilian nuclear power reactors without, to the maximum 
extent practicable, the need for additional site reviews. This 
alternative also would tend to exclude new vendors from the business 
market without cause and would arbitrarily limit the choice of cask 
designs available to power reactor licensees.
    This final rule will eliminate the above problems and is consistent 
with previous Commission actions. Further, this final rule will have no 
adverse effect on public health and safety. This final rule has no 
significant identifiable impact on or benefit to other Government 
agencies.
    Based on the above discussion of the benefits and impacts of the 
alternatives, the NRC concludes that the requirements of the final rule 
are commensurate with the Commission's responsibilities for public 
health and safety and the common defense and security. No other 
available alternative is believed to be as satisfactory, and thus, this 
action is recommended.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This rule affects only the licensing and operation 
of nuclear power plants, independent spent fuel storage facilities, and 
Holtec International. The companies that own these plants do not fall 
within the scope of the definition of ``small entities'' set forth in 
the Regulatory Flexibility Act or the Small Business Size Standards set 
out in regulations issued by the Small Business Administration at 13 
CFR part 121.

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 50.109 or 10 
CFR 72.62) does not apply to this rule because this amendment does not 
involve any provisions that would impose backfits as defined in the 
backfit rule. Therefore, a backfit analysis is not required.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting 
the following amendments to 10 CFR part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

    1. The authority citation for part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


    2. In Sec. 72.214, Certificate of Compliance 1014 is revised to 
read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1014
Initial Certificate Effective Date: June 1, 2000
Amendment Number 1 Effective Date: July 15, 2002.
SAR Submitted by: Holtec International
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System
Docket Number: 72-1014
Certificate Expiration Date: June 1, 2020
Model Number: HI-STORM 100
* * * * *

    Dated at Rockville, Maryland, this 30th day of June, 2002.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-17648 Filed 7-12-02; 8:45 am]
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