[Federal Register Volume 91, Number 83 (Thursday, April 30, 2026)]
[Proposed Rules]
[Pages 23187-23190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08430]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2025-2635; Airspace Docket No. 25-AWA-5]
RIN 2120-AA66
Establishment of Prohibited Area P-75; New York, NY
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This action proposes to establish Prohibited Area 75 (P-75) in
the vicinity of the New York, NY, residence of the President of the
United States. The United States Secret Service (USSS) requested FAA
restrict aircraft operations in the vicinity of President Trump's New
York residence. To provide adequate safeguards for the USSS to fully
secure the non-Governmental property and protect USSS protectees in the
interest of national security, FAA is proposing to establish a
prohibited area in the immediate vicinity of the presidential
residence.
DATES: Comments must be received on or before June 15, 2026.
ADDRESSES: Send comments identified by FAA Docket No. FAA-2025-2635 and
Airspace Docket No. 25-AWA-5 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations; U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, Room W58-213, West
Building 5th Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building 5th Floor at 1200 New
Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations
Group, Policy Directorate, Federal Aviation Administration, 600
Independence Avenue SW, Washington, DC 20597; telephone: (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
FAA proposes to add a regulation to Title 14 of the Code of Federal
Regulations (14 CFR) part 73, subpart C to establish a prohibited area
in the vicinity of Trump Tower in New York, New York. The prohibited
area is necessary according to the United States Secret Service (USSS)
to protect the President, secure the non-Governmental property in
accordance with the Presidential Protection Assistance Act of 1976, and
exercise its authority under 18 U.S.C. 3056(a).\1\
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\1\ Public Law 94-524 (Oct. 17, 1976) enabling the President to
designate one non-governmental property to be fully secured by the
USSS on a permanent basis.
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Proposed Sec. 73.95 would create Prohibited Area P-75 (P-75). P-75
would prohibit aircraft operations from the surface to 1,000 feet above
ground level (AGL) beginning at lat. 40[deg]45'52'' N, long.
073[deg]57'' 11'' W; then counterclockwise along an arc with a 1
nautical mile (NM) radius centered at lat. 40[deg]45'' 46'' N, long.
073[deg]58''30'' W; to lat. 40[deg]44''48'' N, long. 73[deg]58'' 09''
W, with a straight line to the point of beginning. In other words, P-75
would cover a circle with a 1 NM radius centered on Trump Tower and
with a flat edge on the southeast side that parallels the East River.
Aircraft operations would not be permitted within P-75 unless the using
agency, which would be USSS, granted authorization to enter the
area.\2\
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\2\ 14 CFR 73.83 states that ``No person may operate an aircraft
within a prohibited area unless authorization has been granted by
the using agency.''
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II. Authority for This Rulemaking
FAA's authority to issue rules regarding aviation safety is found
in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator.
[[Page 23188]]
Subtitle VII, Aviation Programs, describes in more detail the scope of
the agency's authority. This rulemaking is promulgated under the
authority described in Subtitle VII, Part A, Subpart I, Section 40103.
Under that section, FAA is charged with prescribing regulations to
assign the use of the airspace necessary to ensure the safety of
aircraft, the efficient use of airspace, and protecting individuals and
property on the ground. In addition, 49 U.S.C. 44701(a)(5) charges FAA
with promoting safe flight of civil aircraft by prescribing regulations
and minimum standards for cybersecurity and other practices, methods,
and procedures FAA finds necessary for safety in air commerce and
national security. This regulation is within the scope of that
authority as it would establish prohibited area airspace in the
vicinity of New York, NY, to protect persons and property on the ground
and to enhance national security.
III. Background and Proposed Rule
FAA has prohibited the operation of aircraft in the vicinity of
seven presidential and vice presidential residences in the interest of
national security by establishing a prohibited area pursuant to 14 CFR
part 73. Prohibited areas are designated when necessary to prohibit all
flight within an area, except in very limited circumstances, in the
interest of national security. No person may conduct operations within
a prohibited area without the permission of the using agency.\3\ FAA
has established prohibited areas in the vicinity of the following
former presidential and vice presidential residences:
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\3\ Under Sec. 73.85 the using agency is the agency,
organization, or military command that established the requirements
for the prohibited area.
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On February 18, 1969, FAA established P-29 in the vicinity
of Key Biscayne, Florida.\4\ USSS had requested FAA establish the
prohibited area for the security of the President, who had a residence
in Key Biscayne. One concern was that public interest in the President
may attract numerous aircraft over the residence for sightseeing and
photographic purposes. The prohibited area provided for the protection
of the President and property on the ground. FAA prohibited operations
within 1 nautical mile (NM) radius from the surface up to 18,000 feet
above mean sea level (MSL). FAA was the using agency. FAA revoked the
prohibited area on September 3, 1974, shortly after President Nixon
left office because the conditions that had prompted the prohibited
area no longer existed.\5\
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\4\ 34 FR 2306 (Feb. 18, 1969).
\5\ 39 FR 32325 (Sep. 6, 1974).
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On June 23, 1969, FAA established P-25 in the vicinity of
San Mateo, California to provide adequate safeguards for the protection
of the President and persons or property on the ground.\6\ The
prohibited area was established for the security of the President and
because the public interest in the President might attract numerous
aircraft over the Presidential residence for sightseeing and
photographic purposes. FAA prohibited operations within a 1 NM radius
from the surface to 4,000 feet MSL. FAA was the using agency. FAA
revoked the prohibited area on September 3, 1974, shortly after
President Nixon left office because the conditions that had prompted
the prohibited area no longer existed.\7\
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\6\ 34 FR 9854 (Jun. 26, 1969).
\7\ 39 FR 32325 (Sep. 6, 1974).
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On February 18, 1977, FAA established P-77 in the vicinity
of Plains, Georgia.\8\ The prohibited area was established due to the
interest the President's residence may attract for sightseeing and
photographic purposes. To provide adequate safeguards for the President
and persons or property on the ground, FAA prohibited operations within
1 NM radius from the surface up to 1,500 feet MSL. FAA was the using
agency. FAA revoked the prohibited area effective May 5, 1988, after
President Carter left office, as USSS had notified the FAA that
national welfare and security no longer required the prohibited
area.\9\
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\8\ 42 FR 142 FR 11826 (Mar. 1, 1977); 42 FR 12168 (Mar. 3,
1977).
\9\ 53 FR 3010 (Feb. 3, 1988).
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On January 20, 1981, FAA established P-65 in the vicinity
of Pacific Palisades, California, and P-66 in the vicinity of Rancho
del Cielo, California, based on USSS's request.\10\ FAA prohibited
operations within 1 NM radius from the surface to 1,000 feet above
ground level (AGL) in both areas. The purpose of the prohibited areas
was to enhance the level of security for the President by prohibiting
unauthorized flights of aircraft over and in the immediate vicinity of
presidential residences. The vertical and lateral limits of the areas
were designed to impose the minimum burden upon the public while still
providing acceptable security restraints. FAA was the using agency. On
July 27, 1981, FAA revoked P-65 because USSS determined a prohibited
area was no longer required.\11\ Effective October 23, 1986, P-66 was
expanded laterally and vertically due to the USSS's determination that
this expansion was necessary to enhance the level of security provided
to the President.\12\ The area was subdivided into P-66A and P-66B as
follows: P-66A from the surface to 4,000 feet MSL and P-66B from 4,000
feet MSL up to but not including 5,000 feet MSL. P-66B was activated by
notice to airmen (NOTAM). FAA revoked the prohibited areas on June 1,
1989, shortly after President Reagan left office.\13\ The FAA's
revocation was based on the USSS's indication that the prohibition was
no longer required for national welfare or security purposes.\14\
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\10\ 46 FR 3499 (Jan. 15, 1981).
\11\ 46 FR 38345 (Jul. 27, 1981).
\12\ 51 FR 30208 (Aug. 25, 1986).
\13\ 54 FR 13517 (Apr. 4, 1989).
\14\ Id.
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On November 26, 1981, FAA established P-67 in the vicinity
of Kennebunkport, Maine. FAA prohibited operations within 1 NM radius
from the surface to 1,000 feet MSL.\15\ The establishment of P-67 was
based on USSS's request to prohibit the unauthorized flight of aircraft
in the immediate vicinity of the Vice President's residence. The using
agency was FAA. P-67 is still in effect at the time of the publication
of this proposed rule.
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\15\ 46 FR 47065 (Sep. 24, 1981).
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On May 17, 2001, FAA established P-49 in the vicinity of
Crawford, Texas, in response to a USSS request.\16\ The purpose of the
prohibited area was to enhance the level of security provided to the
President, who had a residence in that area. FAA prohibited operations
within a 3 NM radius from the surface up to 5,000 feet MSL. USSS was
the using agency. Effective February 16, 2010, FAA reduced the boundary
and altitude dimensions of the prohibited area from a 3 NM radius to a
2 NM radius and from 5,000 feet MSL to 2,000 feet MSL.\17\ The USSS
determined that the larger restriction was no longer necessary.
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\16\ 66 FR 16391 (Mar. 26, 2001).
\17\ 75 FR 15992 (Mar. 31, 2010).
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On September 16, 2025, USSS requested that FAA establish a
``permanent flight restriction under 14 CFR 99.7 to ensure the safety
and security of our protectee'' in the vicinity of the Trump Tower
``due to adverse threat intelligence and the ongoing protective mission
of the USSS.'' \18\ Moreover, USSS stated it would ``greatly increase
the ability to mitigate the
[[Page 23189]]
persistent risk posed by unauthorized aircraft and unmanned aircraft
systems (UAS) operating in the proximity.'' USSS also requested that
the restriction be published in the Federal Register and charted to
ensure compliance. This action responds to that request.
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\18\ September 16, 2025 Letter from Sean M. Curran, Director,
United States Secret Service, to Bryan Bedford, Administrator, FAA.
A copy of this letter has been placed in the docket for this
rulemaking.
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On October 20, 2025, FAA issued a Special Security Instruction
(SSI) flight restriction, under 14 CFR 99.7, that temporarily restricts
all flight operations in the vicinity of the presidential residence at
New York, NY.\19\ The SSI flight restriction is set to expire on
October 20, 2026. The SSI extends from the surface to 1,000 feet AGL.
The SSI covers an area beginning at 40[deg]45'53'' N, long.
073[deg]57'11'' W, then counterclockwise along a 1 nautical mile (NM)
arc centered at lat. 40[deg]45'46'' N, long. 073[deg]58'30'' W; to lat.
40[deg]44'48'' N, long. 073[deg]58'09'' W; to the point of beginning.
Under the Sec. 99.7 SSI flight restriction, aircraft cannot enter the
airspace unless (1) they have authorization from ATC and or are on an
air traffic control (ATC) instrument flight rules (IFR) plan with a
discrete code assigned by ATC, (2) are squawking the discrete code
prior to departure and at all times while in the TFR, and (3) in two-
way radio communication with ATC.
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\19\ A copy of the SSI has been placed in the docket.
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Under 49 U.S.C. 40103(b) and in compliance with the Administrative
Procedure Act (APA), 5 U.S.C. 551 et seq., FAA can designate airspace
through a rulemaking. In addition, FAA charts permanent flight
restrictions established through rulemaking providing enhanced public
awareness; whereas, temporary SSI flight restrictions are not charted.
The enhanced public awareness in turn provides a higher level of
security. This proposed rule would make the area covered by the SSI
flight restriction a permanent prohibited area that is in effect
continuously. Under 14 CFR 73.83, no person may operate an aircraft
within a prohibited area without permission from the using agency.
Although the prohibited area is more restrictive than the Sec. 99.7
SSI in wording, there are few, if any, practical differences.
FAA is proposing an amendment to 14 CFR part 73 to establish
Prohibited Area P-75, New York, NY. This rule would apply to all
persons seeking to operate in the area defined in 14 CFR 73.95. The
breadth of applicability is necessary in the interest of national
security and to ensure the USSS ability to secure the non-Governmental
property. The prohibited area would extend from the surface to 1,000
feet AGL, and would be defined as an area beginning at lat.
40[deg]45'52'' N, long. 073[deg]57'11'' W; then counterclockwise along
an arc with a 1 nautical mile (NM) radius centered at lat.
40[deg]45'46'' N, long. 073[deg]58'30'' W; to lat. 40[deg]44'48'' N,
long. 73[deg]58'09'' W; with a straight line to the point of
beginning.\20\ In other words, P-75 would cover a circle with a 1 NM
radius centered on Trump Tower and with a flat edge on the southeast
side that parallels the East River.\21\ Flight within this area would
be prohibited unless permission is obtained from the using agency,
which would be USSS.
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\20\ The beginning point of the proposed prohibited area is one
second in latitude different from the SSI beginning point to account
for a rounding error, but the proposed prohibited area and SSI cover
essentially the same space.
\21\ A geographical depiction has been placed in the docket.
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The size of the proposed prohibited area is based on discussions
between FAA and USSS and meets security needs while minimizing impact
on operators and the general public. Specifically, in its coordination
with USSS, FAA sought to ensure minimal impact on helicopter operations
and other operations that are routinely conducted along the Hudson and
East River corridors. FAA specifically carved out an area over the East
River that is within a 1 NM mile of Trump Tower to allow helicopter
operations along the East River to continue. The SSI flight restriction
and proposed prohibited area achieve the objective of maintaining the
efficient flow of air traffic while also meeting the security
requirements associated with USSS's request. FAA constructed the SSI
flight restriction and proposed prohibited area in a way that avoids
typical aircraft routes. Only law enforcement helicopters, air
ambulance aircraft, and unmanned aircraft systems operated in this area
before the SSI flight restrictions became effective on October 20,
2025. Additionally, per 14 CFR 73.83, if authorization has been granted
by the using agency, which is USSS in this case, aircraft could still
gain access to the area.
Regulatory Notices and Analyses
Regulatory Flexibility Act
FAA has determined that this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Order 2100.6B, ``Rulemaking and Guidance Procedure'' (March 10, 2025);
and (3) is anticipated to have a minimal economic impact, as it only
affects air traffic procedures and air navigation, resulting in at most
de minimis costs from minor rerouting of flights. Since this is a
routine matter that will only affect air traffic procedures and air
navigation, it is certified that this proposed rule, when promulgated,
will not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, they be the basis for U.S. standards.
FAA has assessed the potential effect of this proposed rule and
determined that it has legitimate domestic objectives of safety and
security. The proposed rule would not impact exports. As a result, FAA
does not consider this proposed rule as creating an unnecessary
obstacle to foreign commerce.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization(ICAO) Standards and
Recommended Practices to the maximum extent practicable. FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these proposed regulations.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
FAA to consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor
[[Page 23190]]
the collection of information, nor may it impose an information
collection requirement unless it displays a currently valid Office of
Management and Budget (OMB) control number. FAA determined that there
would be no information collection associated with the proposed rule.
Environmental Review
This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1G, ``FAA National Environmental Policy
Act Implementing Procedures'' prior to any FAA final regulatory action.
Executive Order Determinations
Executive Order 13132, Federalism
FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. FAA has determined this
action would not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, would not have federalism implications.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures, FAA ensures Federally Recognized Tribes (Tribes) are given
the opportunity to provide meaningful and timely input regarding
proposed Federal actions that have the potential to affect uniquely or
significantly their respective Tribes. At this point, FAA has not
identified any unique or significant effects, environmental or
otherwise, on Tribes resulting from this proposed rule.
Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). FAA has determined it would not be
a ``significant energy action'' under the E.O. and would not be likely
to have a significant adverse effect on the supply, distribution, or
use of energy.
Executive Order 13609, Promoting International Regulatory Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to (1) meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or (2)
prevent unnecessary differences in regulatory requirements. FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609 and has determined this action would have no
effect on international regulatory cooperation.
Executive Order 14192, Unleashing Prosperity Through Deregulation
This proposed rule is not an Executive Order 14192 regulatory
action because it is being issued with respect to a national security
or homeland security function of the United States.
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:
PART 73--SPECIAL USE AIRSPACE
0
1. The authority citation for part 73 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.95 P-75 New York, NY [New]
0
2. Section 73.95 is amended by adding the following:
* * * * *
P-75 New York, NY [New]
Boundaries. Beginning at lat. 40[deg]45'52'' N, long.
073[deg]57'11'' W; then counterclockwise along a 1 NM arc centered
at lat. 40[deg]45'46'' N, long. 073[deg]58'30'' W; to lat.
40[deg]44'48'' N, long. 073[deg]58'09'' W; to the point of
beginning.
Designated altitudes. Surface to 1,000 feet AGL.
Time of designation. Continuous.
Using agency. United States Secret Service, Washington, DC.
* * * * *
Issued in Washington, DC, on April 28, 2026.
Alex W. Nelson,
Manager, Rules and Regulations Group.
[FR Doc. 2026-08430 Filed 4-29-26; 8:45 am]
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