[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26662]
[[Page Unknown]]
[Federal Register: October 27, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 228
[FRL-5098-1]
Ocean Dumping; Proposed Site Designation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA today proposes to designate an Ocean Dredged Material
Disposal Site (ODMDS) in the Atlantic Ocean offshore Miami, Florida, as
an EPA-approved ocean dumping site for the disposal of suitable dredged
material. This proposed action is necessary to provide an acceptable
ocean disposal site for consideration as an option for dredged material
disposal projects in the greater Miami, Florida vicinity. This proposed
site designation is for an indefinite period of time, but the site is
subject to continuing monitoring to insure that unacceptable adverse
environmental impacts do not occur.
DATES: Comments must be received on or before December 12, 1994.
ADDRESSES: Send comments to: Wesley B. Crum, Chief, Coastal Programs
Section, Water Management Division, U.S. Environmental Protection
Agency, Region IV, 345 Courtland Street NE., Atlanta, Georgia 30365.
The file supporting this proposed designation is available for
public inspection at the following locations:
EPA Public Information Reference Unit (PIRU), Room 2904 (rear), 401 M
Street SW., Washington, D.C. 20460.
EPA/Region IV, 345 Courtland Street NE., Atlanta, Georgia 30365.
Department of the Army, Jacksonville District Corps of Engineers, 400
West Bay Street, P.O. Box 4970, Jacksonville, FL 32232-0019.
FOR FURTHER INFORMATION CONTACT: Christopher J. McArthur, 404/347-3555
ext. 2056.
SUPPLEMENTARY INFORMATION:
A. Background
Section 102(c) of the Marine Protection, Research, and Sanctuaries
Act (MPRSA) of 1972, as amended, 33 U.S.C. 1401 et seq., gives the
Administrator of EPA the authority to designate sites where ocean
disposal may be permitted. On October 1, 1986, the Administrator
delegated the authority to designate ocean disposal sites to the
Regional Administrator of the Region in which the sites are located.
This proposed designation of a site offshore Miami, Florida, which is
within Region IV, is being made pursuant to that authority.
The EPA Ocean Dumping Regulations promulgated under MPRSA (40 CFR
Chapter I, Subchapter H, Section 228.4) state that ocean dumping sites
will be designated by promulgation in this Part 228. A list of
``Approved Interim and Final Ocean Dumping Sites'' was published on
January 11, 1977 (42 FR 2461 [January 11, 1977]). The list established
the existing Miami (``Miami Beach'') site as an interim site. The site
is now listed in 40 CFR 228.12(a)(3). Interested persons may
participate in this proposed rulemaking by submitting written comments
within 45 days of the date of this publication to the address given
above.
B. EIS Development
Section 102(2)(C) of the National Environmental Policy Act (NEPA)
of 1969, as amended, 42 U.S.C. 4321 et seq., requires that federal
agencies prepare an Environmental Impact Statement (EIS) on proposals
for legislation and other major federal actions significantly affecting
the quality of the human environment. The object of NEPA is to build
into the Agency decision making process careful consideration of all
environmental aspects of proposed actions. While NEPA does not apply to
EPA activities of this type, EPA has voluntarily committed to prepare
EISs in connection with ocean disposal site designations such as this
(see 39 FR 16186 [May 7, 1974]).
EPA, in cooperation with the Jacksonville District of the U.S. Army
Corps of Engineers (COE), has prepared a Draft EIS (DEIS) entitled
``Draft Environmental Impact Statement for Designation of An Ocean
Dredged Material Disposal Site Located Offshore Miami, Florida.'' On
September 7, 1990, the Notice of Availability (NOA) of the DEIS for
public review and comment was published in the Federal Register (55 FR
36891 [September 7, 1990]). Anyone desiring a copy of the EIS may
obtain one from the addresses given above. The public comment period on
the draft EIS was to have closed on October 22, 1990. However, the
closing date was changed to December 7, 1990 due to a request by the
State of Florida.
EPA received 12 comment letters on the Draft EIS. There were three
main concerns expressed in those letters: (1) Placement of beach
quality sand in the ODMDS; (2) potential for movement of silt and clay
sized particles out of the disposal area and onto environmentally
sensitive hardbottoms and coral reefs to the west during the occurrence
of Gulf Stream frontal eddies; and (3) disposal of contaminated
sediments from locations such as the Miami River. Concerns raised by
the State of Florida, regarding use of suitable material for beach
nourishment, will be addressed in the FEIS. EPA concurs with the State
of Florida regarding the use of suitable material for beach
nourishment, in circumstances where this use is practical. A real-time
monitoring system will be instituted by the Army Corps of Engineers to
identify the occurrence of Gulf Stream frontal eddies. During the
occurrence of such eddies, disposal at the ODMDS will discontinue.
Details of the monitoring plan and protocol will be included in the
Site Management and Monitoring Plan as part of the FEIS. Before any
material can be placed within an ODMDS, it must be evaluated and shown
to be acceptable for ocean disposal in accordance with ocean dumping
regulations (40 CFR 227.13). Certain portions of the sediments proposed
to be dredged from the Miami River have been found to be unacceptable
for ocean disposal.
The EIS will serve as a Biological Assessment for purposes of
Section 7 of the Endangered Species Act coordination. By itself, site
designation of the Miami ODMDS will not adversely impact any threatened
or endangered species under the purview of the National Marine
Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS).
Use of the ODMDS is not expected to adversely impact any threatened or
endangered species. Pursuant to Section 7 of the Endangered Species
Act, the National Marine Fisheries Service (NMFS) has been asked by EPA
to concur with EPA's conclusion that this site designation will not
affect the endangered species under their jurisdictions.
EPA has evaluated the proposed site designation for consistency
with the State of Florida's (the State) approved coastal management
program. EPA has determined that the designation of the proposed site
is consistent to the maximum extent practicable with the State coastal
management program, and has submitted this determination to the State
for review in accordance with EPA policy.
In a letter dated September 13, 1990, the Florida Department of
State agreed that the proposed designation will have no effect on any
archaeological or historic sites or properties listed, or eligible for
listing, in the National Register of Historic Places in accordance with
the National Preservation Act of 1966 (Public Law 89-6654), as amended.
The proposed action discussed in the DEIS is the permanent
designation for continuing use of the existing interim ocean disposal
site near Miami, Florida. The purpose of the proposed action is to
provide an environmentally acceptable option for the ocean disposal of
dredged material. The need for the permanent designation of the Miami
ODMDS is based on a demonstrated COE need for ocean disposal of
maintenance dredged material from the Federal navigation projects in
the greater Miami area. However, every disposal activity by the COE is
evaluated on a case-by-case basis to determine the need for ocean
disposal for that particular case. The need for ocean disposal for
other projects, and the suitability of the material for ocean disposal,
will be determined on a case-by-case basis as part of the COE's process
of issuing permits for ocean disposal for private/federal actions and a
public review process for their own actions.
For the Miami ODMDS, the COE and EPA would evaluate all federal
dredged material disposal projects pursuant to the EPA criteria given
in the Ocean Dumping Regulations (40 CFR Parts 220-229) and the COE
regulations (33 CFR 209.120 and Parts 335-338). The COE also issues
Marine Protection, Research, and Sanctuaries Act (MPRSA) permits to
private applicants for the transport of dredged material intended for
disposal after compliance with regulations is determined. EPA has the
right to disapprove any ocean disposal project if, in its judgment, all
provisions of MPRSA and the associated implementing regulations have
not been met.
The DEIS discusses the need for this site designation and examines
ocean disposal site alternatives to the proposed action. Non-ocean
disposal options have been examined in the previously published
Feasibility Report and EIS for the Miami Harbor Channel Project.
Alternatives to ocean disposal may include upland disposal within the
port area, disposal in Biscayne Bay, and beach disposal. Upland
disposal in the intensively developed Port of Miami-Biscayne Bay area
has not been found feasible. The Port of Miami itself is built
partially on fill in Biscayne Bay. Undeveloped areas within cost-
effective haul distances are environmentally valuable in their own
right.
Almost all inshore waters of the Biscayne Bay area are part of the
Biscayne Bay Aquatic Preserve. The waters of the southern portion of
Biscayne Bay, now included in the Aquatic Preserve, are to be
incorporated, along with some offshore waters, into the Biscayne
National Park in the near future. The Florida Department of
Environmental Regulation (DER) has afforded the waters of these areas
special protection as Outstanding Florida Waters. This effectively
removes virtually all of the Biscayne Bay area from consideration for
disposal of dredged material.
Dredged sand might be placed on beaches in the Miami Beach area.
Suitable rock might be placed in nearshore waters. These options are
feasible only where a substantial quantity of the desired type of
material is separable from silt or other undesirable material.
The COE has been authorized to deepen Miami Harbor. For that
project, environmental and economic analyses were performed and an EIS
was prepared. The COE examined and documented the feasibility of each
of the above-described disposal options and found none to be feasible.
The following ocean disposal alternatives were evaluated in the
Draft EIS:
1. Alternative Sites on the Continental Shelf
In the Miami nearshore area, hardgrounds supporting coral and algal
communities are concentrated on the continental shelf. Disposal
operations on the shelf could adversely impact this reef habitat.
Because the shelf is narrow, about 3.3 nmi (6 km) off Government Cut,
the transport of dredged materials for disposal beyond the shelf is
both practical and economically feasible. Therefore, alternative sites
on the continental shelf are not desirable.
2. Designated Interim Site (Candidate Site)
The preferred alternative considered in this document is the final
designation of an ODMDS. This site is an area of approximately one
square nautical mile with the following corner coordinates:
25 deg.45'30'' N, 80 deg.03'54'' W; 25 deg.45'30'' N, 80 deg.02'50'' W;
25 deg.44'30'' N, 80 deg.02'50'' W; 25 deg.44'30'' N, 80 deg.03'54'' W.
The site is centered at: 25 deg.45'00'' N and 80 deg.03'22'' W. This
site is considered suitable in terms of practicality and economic
feasibility. Sections 228.5 and 228.6 of EPA's Ocean Dumping
Regulations and Criteria 40 CFR establish criteria for the evaluation
of ocean disposal sites.
3. Alternative Sites Beyond the Continental Shelf
The western edge of the Gulf Stream meanders about one mile east of
the candidate site. Dumping in the Gulf Stream was considered, but the
enormous task and expense of monitoring disposal under such conditions
caused sufficient concern to eliminate that option.
4. No Action
Under the ``no action'' alternative, the interim site would not
receive final designation. The Water Resources Act of 1992, Title V,
Section 506(a) prohibits the continued use of ocean dump sites which
have not been designated by EPA as Section 102 dump sites after January
1, 1997. If EPA fails to designate the Miami ODMDS by that date, the
continued foreseeable need to have an appropriate site for disposal of
suitable sediments from dredging projects in the Miami area would place
pressure on the Corps and EPA to approve on a project-by-project basis
the use of temporary ocean dumping locations pursuant to either Clean
Water Act Section 404 or MPRSA Section 103.
The DEIS presents the information needed to evaluate the
suitability of ocean disposal areas for final designation use and is
based on one of a series of disposal site environmental studies. The
environmental studies and final designation are being conducted in
accordance with the requirements of MPRSA, the Ocean Dumping
Regulations, and other applicable federal environmental legislation.
Comments received on the DEIS will be addressed in the FEIS. This
Proposed Rule is being published between the DEIS and the Final EIS
(FEIS). EPA will accept comments on the Proposed Rule during the 45-day
NEPA review period. Comments on the Proposed Rule will be addressed in
the Final Rule, which will be published following the completion of the
30-day NEPA review period of the FEIS. Responses in the Final Rule may
refer to earlier published responses, as appropriate.
C. Proposed Site Designation
The proposed site is located east of Miami, Florida, the western
boundary being 3.6 nautical miles (nmi) offshore. The proposed ODMDS
occupies an area of about 1 square nautical mile (nmi\2\), in the
configuration of an approximate 1 nmi by 1 nmi square. Water depths
within the area range from 427 to 785 feet. The coordinates of the
Miami site proposed for final designation are as follows:
25 deg.45'30'' N 80 deg.03'54'' W;
25 deg.45'30'' N 80 deg.02'50'' W;
25 deg.44'30'' N 80 deg.03'54'' W; and
25 deg.44'30'' N 80 deg.02'50'' W.
Center coordinates are 25 deg.45'00'' N and 80 deg.03'22'' W.
D. Regulatory Requirements
Pursuant to the Ocean Dumping Regulations, 40 CFR Part 228.5, five
general criteria are used in the selection and approval for continuing
use of ocean disposal sites. Sites are selected so as to minimize
interference with other marine activities, to prevent any temporary
perturbations associated with the disposal from causing impacts outside
the disposal site, and to permit effective monitoring to detect any
adverse impacts at an early stage. Where feasible, locations off the
Continental Shelf and other sites that have been historically used are
to be chosen. If, at any time, disposal operations at a site cause
unacceptable adverse impacts, further use of the site can be restricted
or terminated by EPA. The proposed site conforms to the five general
criteria.
In addition to these general criteria in Section 228.5, Section
228.6 lists the 11 specific criteria used in evaluating a proposed
disposal site to assure that the general criteria are met. Application
of these 11 criteria constitutes an environmental assessment of the
impact of disposal at the site. The characteristics of the proposed
site are reviewed below in terms of these 11 criteria (the EIS may be
consulted for additional information).
1. Geographical Position, Depth of Water, Bottom Topography, and
Distance [from Coast 228.6(a)(1)] 40 CFR
The boundary and center coordinates of the proposed site are given
above. The western boundary of the proposed site is located about 3.6
nmi offshore of Miami, Florida. The site is an approximate 1 nmi by 1
nmi square configuration. Water depth in the area ranges from 427 to
785 feet.
2. Location in Relation to Breeding, Spawning, Nursery, Feeding, or
Passage Areas of Living Resources in Adult or Juvenile Phases [40 CFR
228.6(a)(2)]
Many of the area's species spend their adult lives in the offshore
region, but are estuary-dependent because their juvenile stages use a
low salinity estuarine nursery region. Specific migration routes are
not known in the Miami area. The site is not known to include any major
breeding or spawning area, except for sea turtles which use the entire
beach area of eastern Florida as nesting habitat. Due to the motility
of finfish, it is unlikely that disposal activities will have any
significant impact on any of the species found in the area.
3. Location in Relation to Beaches and Other Amenity Areas [40 CFR
228.6(a)(3)]
The candidate site is located at least 3.6 nautical miles from the
coast. Shore-related amenities include Virginia Key, the Biscayne Bay
Aquatic Preserve, Biscayne National Park, and the Bill Baggs Cape
Florida State Recreational Area. Currents in the vicinity trend
alongshore in a general north-south orientation. It is therefore
unlikely that detectable quantities of dredged material will be
transported onto beaches. Considering the distance that the proposed
disposal site is offshore of beach areas, dredged material disposal at
the site is not expected to have an effect on the recreational uses of
these beaches. Modelling performed by the COE indicates that disposed
material will not impact these areas.
4. Types and Quantities of Wastes Proposed To Be Disposed of, and
Proposed Methods of Release, Including Methods of Packing the Waste, If
Any [40 CFR 228(a)(4)]
It is anticipated that the candidate site will be used primarily
for disposal of maintenance material from the Port of Miami.
Maintenance dredging has only occurred four times since 1957. Another
foreseen use of the site would be the Miami Harbor Deepening Project.
Estimated volume for this project is expected to be 6 million cubic
yards. For each future dredging project, each disposal plan must be
evaluated on a case-by-case basis to ensure that ocean disposal is the
best alternative and that the material meets the Ocean Dumping Criteria
in 40 CFR Part 227.
5. Feasibility of Surveillance and Monitoring [40 CFR 228.6(a)(5)]
Due to the proximity of the site to shore, surveillance will not be
difficult. Survey vessels, dredges or aircraft overflights are feasible
surveillance methods. However, the depths at this site make
conventional ODMDS monitoring techniques difficult to utilize. The Site
Management and Monitoring Plan (SMMP) for the Miami ODMDS has been
developed and was included as an appendix in the DEIS. This SMMP
establishes a sequence of monitoring surveys to be undertaken to
determine any impacts resulting from disposal activities. The SMMP may
be modified for cause by the responsible agency.
6. Dispersal, Horizontal Transport and Vertical Mixing Characteristics
of the Area Including Prevailing Current Direction and Velocity, If Any
[40 CFR 228.6(a)(6)]
Prevailing currents parallel the coast and are generally oriented
along a north-south axis. Northerly flow predominates. Mean surface
currents range from 62 to 95 cm/sec with maximum velocities of about
150 cm/sec. Current speeds are lower and current reversals more common
in near-bottom waters. Mean velocities of 3.5 cm/sec and maximum
velocities of 27 cm/sec have been reported for near-bottom waters in
the area. A pycnocline occurs in site waters throughout the year at
reported depths ranging from about 60 feet in the summer to 325 feet in
the winter. A dredged material dispersion study conducted by the COE
for both the short- and long-term fate of material disposed at the
proposed site indicates little possibility of disposed material
affecting near-shore reefs. Measures as discussed in the Management and
Monitoring Plan will be instituted during disposal operations to
minimize the possibility of material being transported to the near-
shore reefs.
7. Existence and Effects of Current and Previous Discharges and Dumping
in the Area (Including Cumulative Effects) [40 CFR 228.6(a)(7)]
The proposed ODMDS was used for the first time in April 1990. Only
225,000 cubic yards of maintenance material was disposed in the
proposed ODMDS. In conjunction with this use of the site, the Corps of
Engineers in cooperation with the National Oceanic and Atmospheric
Administration (NOAA) monitored the physical processes and the
dispersive characteristics of the dredged material plume. Monitoring
results indicated that the material discharged, except for a low
concentration residual remaining within the water column, reached
bottom within the designated site boundaries. During the monitoring,
the resulting plumes were observed to be transported in a north to
northeast direction. The full monitoring report will be included as
part of the Final EIS. Due to the limited quantity of material disposed
at the site, an effects study has not been initiated. Effects
monitoring is discussed in the Site Management and Monitoring Plan as
part of the EIS.
No other discharges or dumping occurs in the site. The Miami-Dade
Central publicly owned treatment plant outfall discharges approximately
1.2 miles west of the site. The effects from this discharge are local
and predominantly in a north-south direction due to prevailing currents
and should not have any effect within the site.
8. Interference With Shipping, Fishing, Recreation, Mineral Extraction,
Desalination, Fish and Shellfish Culture, Areas of Special Scientific
Importance and Other Legitimate Uses of the Ocean [40 CFR 228.6(a)(8)]
While shipping is heavy at the Port of Miami, the infrequent use of
this site should not significantly disrupt either commercial shipping
or recreational boating. Commercial and recreational fishing activities
are concentrated in inshore and nearshore waters. No mineral
extraction, desalination, or mariculture activities occur in the
immediate area. Scientific resources present throughout this area are
not geographically limited to the proposed Miami ODMDS or nearby
waters.
9. The Existing Water Quality and Ecology of the Site as Determined By
Available Data or By Trend Assessment or Baseline Surveys [40 CFR
228.6(a)(9)]
Water quality at the proposed ODMDS is variable and is influenced
by discharges from inshore systems, frequent oceanic intrusions, and
periodic upwelling. The proposed disposal site lies on the continental
slope in an area traversed by the western edge of the Florida Current.
The location of the western edge of the current determines to a large
extent whether waters at the site are predominantly coastal or oceanic.
Frequent intrusions or eddies of the Florida Current transport oceanic
waters over the continental shelf in the proposed ODMDS vicinity.
Periodic upwelling/downwelling events associated with wind stress also
influence waters in the area.
No critical habitat or unique ecological communities have been
identified at the candidate site. Buffer zone protection has been
applied to any existing fish havens, artificial reef communities,
turtle nesting areas, and onshore amenities in the general region of
the site.
10. Potentiality for the Development or Recruitment of Nuisance Species
in the Disposal Site [40 CFR 228.6(a)(10)]
The disposal of dredged materials should not attract or promote the
development of nuisance species. No nuisance species have been reported
to occur at previously utilized disposal sites in the vicinity.
11. Existence at or in Close Proximity to the Site of Any Significant
Natural or Cultural Features of Historical Importance [40 CFR
228.6(a)(11)]
No known natural or cultural features of historical importance
occur at or in close proximity to the site. No such features were noted
in a video survey of the proposed disposal area.
E. Site Management
Site management of the Miami ODMDS is the responsibility of EPA as
well as the COE. The COE issues permits to private applicants for ocean
disposal; however, EPA/Region IV assumes overall responsibility for
site management.
The Site Management and Monitoring Plan (SMMP) for the proposed
Miami ODMDS was developed as a part of the process of completing the
EIS. This plan provides procedures for both site management and for the
monitoring of effects of disposal activities. This SMMP is intended to
be flexible and may be modified by the responsible agency for cause.
F. Proposed Action
The EIS concludes that the proposed site may appropriately be
designated for use. The proposed site is compatible with the 11
specific and 5 general criteria used for site evaluation.
The designation of the Miami site as an EPA-approved ODMDS is being
published as Proposed Rulemaking. Overall management of this site is
the responsibility of the Regional Administrator of EPA/Region IV.
It should be emphasized that, if an ODMDS is designated, such a
site designation does not constitute EPA's approval of actual disposal
of material at sea. Before ocean disposal of dredged material at the
site may commence, the COE must evaluate a permit application according
to EPA's Ocean Dumping Criteria. EPA has the right to disapprove the
actual disposal if it determines that environmental concerns under
MPRSA have not been met.
The Miami ODMDS is not restricted to disposal use by federal
projects; private applicants may also dispose suitable dredged material
at the ODMDS once relevant regulations have been satisfied. This site
is restricted, however, to suitable dredged material from the greater
Miami, Florida vicinity.
G. Regulatory Assessments
Under the Regulatory Flexibility Act, EPA is required to perform a
Regulatory Flexibility Analysis for all rules that may have a
significant impact on a substantial number of small entities. EPA has
determined that this proposed action will not have a significant impact
on small entities since the designation will only have the effect of
providing a disposal option for dredged material. Consequently, this
Rule does not necessitate preparation of a Regulatory Flexibility
Analysis.
Under Executive Order 12866, EPA must judge whether a regulation is
``significant'' and therefore subject to the requirement of a
Regulatory Impact Analysis. This action will not result in an annual
effect on the economy of $100 million or more or cause any of the other
effects which would result in its being classified by the Executive
Order as a ``significant'' rule. Consequently, this Rule does not
necessitate preparation of a Regulatory Impact Analysis.
This Proposed Rule does not contain any information collection
requirements subject to Office Management and Budget review under the
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.
List of Subjects in 40 CFR Part 228
Environmental protection, Water pollution control.
Dated: September 23, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
In consideration of the foregoing, Subchapter H of Chapter I of
Title 40 is proposed to be amended as set forth below.
PART 228--[AMENDED]
1. The authority citation for part 228 continues to read as
follows:
Authority: 33 U.S.C. 1412 and 1418.
2. Section 228.12(a)(3) is amended by removing the complete entry
for the Miami Beach approved interim dredged material dumping site and
adding Sec. 228.12(b)(95) to read as follows:
Sec. 228.12 Delegation of management authority for ocean dumping
sites.
* * * * *
(b) * * *
(95) Miami, Florida; Ocean Dredged Material Disposal Site--
Region IV.
Location:
25 deg.45'30'' N 80 deg.03'54'' W;
25 deg.45'30'' N 80 deg.02'50'' W;
25 deg.44'30'' N 80 deg.03'54'' W;
25 deg.44'30'' N 80 deg.02'50'' W.
Center coordinates are 25 deg.45'00'' N and 80 deg.03'22'' W.
Size: Approximately 1 square nautical mile.
Depth: Ranges from 427 to 785 feet.
Primary use: Dredged material.
Period of use: Continuing use.
Restriction: Disposal shall be limited to suitable dredged material
from the greater Miami, Florida vicinity. Disposal shall comply with
conditions set forth in the most recent approved Site Management and
Monitoring Plan.
[FR Doc. 94-26662 Filed 10-26-94; 8:45 am]
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