incorporation by reference osha example

[86 FR 32628, June 21, 2021; 86 FR 61554, November 5, 2021], Occupational Safety & Health Administration, Occupational Safety and Health Administration, Outreach Training Program (10- and 30-hour Cards), OSHA Training Institute Education Centers, Severe Storm and Flood Recovery Assistance. Spanish Subjunctive Practice, This document is normally a standard or a regulation originally coming from astandard agency. Standards that are incorporated by reference provide employers with additional training, inspections, and other measures through OSHA to make a workplace as safe as possible. Sign up for our newsletter to receive more like this. Of law wherever they apply ventilation standard ( 29 CFR 1910.509 - incorporation by reference here are set to December! The following material is available from the Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 15096; telephone: 1-877-606-7323; fax: 724-776-0790; website:www.sae.org/: SAE 1970 Handbook, IBR approved for 1926.602(b). If priority is claimed as of the filing date, any unintentionally omitted material from the parent application, contract, or document, can be incorporated into the new document by making amendments to the new document, contract, or application. 3 Question 1 incorporation by reference is often done in creating laws as as. All approved material is available for inspection at any Regional Office of the Occupational Safety and Health Administration (OSHA), or at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-3508, Washington, DC 20210; telephone: 202-693-2350 (TTY number: 877-889-5627). 25, 2016; 84 FR 21574, May 14, 2019], Occupational Safety & Health Administration. The authority citation for subpart A continues to read as follows: ISO 11660-1:2008(E), CranesAccess, guards and restraintsPart 1: General, 2d ed., Feb. 15, 2008 (ISO 11660-1:2008(E)), IBR approved for 1926.1423(c). Only the mandatory provisions ( i.e., provisions containing the word shall or other mandatory language) of standards incorporated by reference are adopted as standards under 112, first paragraph, "Written Description" Requirement. One example of an OSHA citation related to electrical safe work practices is the proposed citation issued to Fort Bragg in Fayetteville, North Carolina. In many cases, an OSHA Standard simply states a rule, spelling out the compliance requirement word-for-word.. 1910.509 Incorporation by Reference: Contains materials adopted as part of the ETS, including: Centers for Disease Control and Prevention (CDC) guidance, consensus standards for personal protective equipment (PPE), and EPAs list of approved disinfectants. 2, American Table of Distances for Storage of Explosives, Jun. Required OSHA safety sign types (with referenced ANSI standards) OSHA safety sign standard 1910.145 regulates safety signs and tags for accident prevention. ANSI A17.2b-1967, Practice for the Inspection of Elevators (Inspector's Manual) Supplement, IBR approved for 1926.552(d). That is where OSHA references American National Standards Institute (ANSI) Z308.1-1998 Minimum Requirements for Workplace First-aid Kits. This is a classic example of OSHAs Incorporation by Reference standard, better known as the general consensus standard. In this example, OSHA allows employers to show issue or activity can the use of a code or standard by reference, incorporation or as part of a set of minimum requirements be undertaken. Because of this, the engineer needs to be aware of standards or documents that rely on this concept and should be familiar with the referenced standards. 29 CFR 1926.453 Aerial Lifts (previously numbered 1926.556), which is part of OSHAs construction scaffolding standard, Part 1926 Subpart L, is one example where OSHA incorporated by reference an ANSI standard. Appendix D to Subpart L Availability of publications incorporated by reference in Section 1910.156, Fire Brigades, published 3/7/96, FR vol. SAE J319b-1971, Self-Propelled Scrapers, IBR approved for 1926.602(a). SAE J1063 (rev. IBR standards add an extensive amount of information and safety requirements to the Code that lay out more far-reaching and industry-specific guidelines. These standards are also available for inspection at theNational Archives and Records Administration (NARA). Even the slightest error in the way the reference is made or lack of document can significantly delay the approval process. SAE J236-1971, Self-Propelled Graders, IBR approved for 1926.602(a). Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Severinsky is incorporated into the 817 application with the following paragraph: This application discloses a number of improvements over and enhancements to the hybrid vehicles disclosed in the inventors U.S. Pat. The following material is available for purchase from the International Organization for Standardization (ISO), 1, ch. M. Lupica Incorporation by reference is especially common in the drafting of business contracts. A standards agency (other than OSHA) produces a standard or a practice for aspecified activity like caring of patients or other healthcare practice. The material has been submitted in the prescribed electronic format to the Department of State and Explicitly, OSHA can reference specific ANSI (or any other organizations) standards in OSHA regulations. . Here's how OSHA puts it in 1910.6 (the general industry standard: The standards of agencies of the U.S. Government, and organizations which are not agencies of the U.S. Government which are incorporated by reference in this part, have the same force and effect as other standards in this part. SAE J320a, Minimum Performance Criteria for Roll-Over Protective Structure for Rubber-Tired, Self-Propelled Scrapers, revised July 1969 (editorial change July 1970), IBR approved for 1926.1001(b). Occupational Safety and Health Administration, Outreach Training Program (10- and 30-hour Cards), OSHA Training Institute Education Centers, Severe Storm and Flood Recovery Assistance. Industry consensus standards can also play a role in evaluating employer responsibilities under section 5(a)(1) of the OSH Act, also known as the General Duty Clause. The clauses may be as low as ten or go beyond 200 clauses in a single contract or legal document. ANSI A17.1d-1970, Elevators, Dumbwaiters, Escalators, and Moving Walks Supplement, IBR approved for 1926.552(d). All three safety sign types listed below are covered in 1910.145 and reference ANSI standards Z53.1-1967 and Z535.1-2006(R2011) for more comprehensive guidelines. 2 In contrast, regulated parties must, among other things, use the test procedures . The General Duty Clause protects workers from hazards that are not addressed by any OSHA standard, and incorporation by reference does the same thing. If the hazard violates a specific OSHA standard (like, for example, there are hazardous chemicals that are not labeled as required by the Hazard Communication standard), the inspector will cite the employer for violating that standard. If printed, the IBR standards would be several feet thick. (b) Each rule incorporated by reference is further identified as follows: Chapter 2100: Patentability. Incorporation by reference allows agencies to comply with the requirement of publishing rules in the Federal Register to be codified in the Code of Federal Regulations (CFR) by referring to material published elsewhere. ASTM D93-1969, Standard Method of Test for Flash Point by the Pensky Martens Closed Tester, IBR approved for 1926.155(i). Incorporation by reference is a useful mechanism by which an application can incorporate disclosure from other documents as if the disclosure was explicitly contained therein without having to repeat the disclosure in the application. (a) (1) The standards of agencies of the U.S. Government, and organizations which are not agencies of the U.S. Government which are incorporated by reference in this part, have the same force and effect as other standards in this part. Agencies are not authorized to incorporate by reference material on their web sites as a . Answer:A number of ANSI and other industry consensus standards have been adopted as OSHA requirements. Standards ) OSHA safety sign types ( with referenced ANSI standards ) OSHA safety sign standard 1910.145 safety ( CSB ) concerning the Hoeganaes Corporation ( see attached 1969 standard a rule, spelling out the requirement! incorporated by reference sample. Explosive means any substance classified as an explosive by the Department of Transportation in 49 CFR 173.53, 173.88, and 173.100 which are incorporated by reference. A copy of the American National Standards Institute (ANSI) Z 245.1-1975, incorporated by reference, may be obtained for a fee from the American National Standards Institute, Incorporated, 1430 Broadway, New York, New York 10018 or available for review at the Department of Workplace Standards, Labor pages 124 of the summary report from the Chemical Safety Board (CSB) concerning the Hoeganaes Corporation (see attached. 1926.4 Rules of practice for administrative adjudications for enforcement of safety and health standards. No. 5,343,970 (Severinsky), in combination with other prior art of record, rendered obvious certain of the challenged claims of the 634 patent and the 097 patent. Even though compliance with the standard may be different after an update, OSHA must take specific action to update the law to the new standard. Web site mentioning the second document a part of the incidents at the Hoeganaes Corporation in 2011. the. Incorporation by reference is a fancy term for a simple process. Go here for a list of what's incorporated by reference in the 1926 construction standards. Get Your Custom Essay on case study of the incidents at the Hoeganaes Corporation in 2011 Just Continue reading See 29 CFR 1910.94 (c). Many cases, an OSHA standard should be the effective date ; for most standards, this is the of!, regulations, contracts, legal and regulated documentation estate law reference the! Coble, D. F. (2018). ANSI Z87.1-2003, Occupational and Educational Personal Eye and Face Protection Devices, Approved June 19, 2003; IBR approved for 1926.102(b). increased morale. Employers are expected to seek out such risks and take steps to eliminate or minimize the risk. Post #3 - In the previous post to the confined space training blog, I identified various OSHA standards governing confined space entry work for construction and general industry work (as well as the maritime industry). OSHA lists government standards as well as consensus organization standards (e.g. This is a classic example of OSHA's "Incorporation by Reference" standard, better known as the "general consensus standard." OSHA Asbestos In Construction Regulation Watch on Upon request, the Contracting Officer will make their full text available. For information on the availability of these standards at NARA, telephone: 202 7416030, or go to www.archives.gov/federal-register/cfr/ibr-locations.html. The following material is available for purchase from the Institute of Makers of Explosives (IME), 1120 19th Street, NW., Suite 310, Washington, DC 20036; telephone: 202-429-9280; fax: 202-429-9280; e-mail:info@ime.org;Web site:http://www.ime.org/: IME Pub. Copies are available for purchase from: American National Standards Institute (ANSI) Z89.1-2009, American National Standard for Industrial Head Protection, approved January 26, 2009; IBR approved for 1926.100(b)(1)(i). Incorporation by Reference, Etc. Section 1. Similarly passed their own versions of OMB A-119 an articulating or telescopic boom the OSHA voluntary Protection (. ( b incorporation by reference osha example ( iii ) ( 1 ) ( 1 ) ( iii ) ( ). A great example of a Group B machine would be an articulating or telescopic boom. ASME Boiler and Pressure Vessel Code, Section VIII, 1968, IBR approved for 1926.152(i), 1926.306(a), and 1926.603(a). 1910.2 - Definitions. DEPARTMENT OF VETERANS AFFAIRS [Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)] [Proposed Rules] [Pages 41153-41157] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2014-16414] ===== ----- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 17, 51, 52 and 59 RIN 2900-AO90 Update to NFPA Standards, Incorporation by Reference 61, no. Upon request, the OSHA aerial lift standard continues to require only compliance with the standard. 1.57 Incorporation by reference. In this OSHA Basics article, we're going to explain to you what "incorporation by reference" means. A major downfall to incorporation by reference is that dynamic incorporations are not allowed and that OSHA could not simply adopt a 5o year old version of a standard and enforce it, which is why newer standards from government agencies become newer laws. In many cases, OSHA creates rules that have the weight of law wherever they apply we ve! The common practice of drafting incorporates an existing writing legal document like a contract or pleading to save space. SAE J333a-1970, Operator Protection for Agricultural and Light Industrial Tractors, IBR approved for 1926.602(a). Agencies. The updated rules are effective beginning June 22, 2021 and are set to expire December 22, 2021. However, depending on the incorporation language, it may not always be clear what portions of a document have been incorporated by reference into an application. Does osha regional office, and reviewed by reference an update the incorporated. Incorporation by reference is an important construct in engineering documents that allows enforceable contract documents to include voluntary standards. Those documents, which are listed below, will all be fixed in time and are made publicly available here, as well as in the docket for the rulemakings, www.regulations.gov. But it also furthers important, substantive ANSI/ISEA Z87.12020, American National Standard for Occupational and Educational Personal Eye and Face Protection Devices, ANSI-approved March 11, 2020, IBR approved for 1910.502(b). In the first sort of incorporation by reference, the incorporation is based automatically from a priority claim to a prior application. Incorporation by reference (IBR) allows Federal agencies to comply with the requirement to publish rules in the Federal Register and the Code of Federal Regulations (CFR) by referring to material already published elsewhere. The challenged claims of these patents involve selection of operating modes in a hybrid vehicle. The List of Subjects at the end of the preamble (see section 2.6) must include the term "Incorporation by reference." If your agency needs to update material incorporated by reference, you must: OSHA supplied the ACCOSH with a draft document dated January 7, 1994 (copy attached) which listed the problems to be solved and OSHA's proposed solutions. This is referred to as incorporation by reference. The short answer is no, because NFPA 70E is not Incorporated by Reference in 29 CFR 1910.6. . BS EN 14439:2006, CranesSafetyTower Cranes, published Jan. 31, 2007 (BS EN 14439:2006), IBR approved for 1926.1433(c). On That is where OSHA references American National Standards Institute (ANSI) Z308.1-1998 Minimum Requirements for Workplace First-aid Kits. This is a classic example of OSHAs Incorporation by Reference standard, better known as the general consensus standard. Upon request, the Contracting Officer will make their full text available. 1968, IBR approved for 1926.900(k). Standards incorporated by reference: Little-known secrets. Incorporation by reference (IBR) is the process of adopting national consensus standards created by industry experts into the Occupational Safety and Health Act, which gives them the same legal authority as the Act itself. Incorporation by reference is used primarily to make privately developed technical standards Federally enforceable. According to JB Titus at Control Engineering, if OSHA references a consensus standard, it is enforceable by law under incorporation by reference. OSHA also has the right to infer enforceable reference to non-referenced consensus standards under a general duty clause. Please research the terminology of Incorporation by reference. Fort Bragg OSHA Citation. This may include personalization of content and ads, and traffic analytics. U.S. Environmental Protection Agency (EPA): 1200 Pennsylvania Avenue NW, Washington, DC 20460; website: https://www.epa.gov/. There are a few drawbacks to IBR in OSHA standards. better labour/management relations. higher quality products. Standards Incorporated by Reference. reduced turnover. For example, many of the safety-related practices discussed in AWS A6.1-1966 are specifically addressed in 1910.252(a), (b), and (c). Incorporation by Reference. ANSI B30.5-1968, Crawler, Locomotive, and Truck Cranes, approved Dec. 16, 1968, IBR approved for 1926.1433(a). Citations under other OSHA standards and programs 52.252-2. See the example image below. We align our best resources to meet each client's specific needs and we treat each matter with the highest degree of attention and care. 552(a) and 1 CFR part 51. In effect, the ANSI Standard becomes part of the law. The PTAB determined the electrical claims lack written description prior to the filing date of the continuation-in-part, and thus found the 455 PCT publication to be prior art to those claims. Stay up-to-date on the latest information in the powered industrial equipment industry with our Articles of Interest. That is where OSHA references American National Standards Institute (ANSI) Z308.1-1998 Minimum Requirements for Workplace First-aid Kits. This is a classic example of OSHAs Incorporation by Reference standard, better known as the general consensus standard. And know that this is just one article in a series of OSHA Basics articles weve been writing that cover basic OSHA concepts such as the General Duty Clause, Incorporation by Reference, and more. That provision requires employers to furnish to each of [its] employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to [its] employees. Industry consensus standards can be evidence that an industry recognizes a hazard and that there are feasible means of correcting the hazard. By placing the requirements that were relevant directly into the standards, employers and OSHA would no longer have to refer to another document incorporated by reference to understand their obligations. Secondly, OSHA reserves the right to incorporate by reference various consensus standards, thereby, the consensus standard referenced is considered the law. To enforce any edition other than that specified in this section, OSHA must publish a document in the FEDERAL REGISTER and the material must be available to the public. Receive exclusive fall protection resources and industry updates. Now the question of the day! SAE J237-1971, Front End Loaders and Dozers, IBR approved for 1926.602(a). Jun. Copies of standards listed in this section and issued by private standards organizations are available for purchase from the issuing organizations at the addresses or through the other contact information listed below for these private standards organizations. Follows: Chapter 2100: Patentability with referenced ANSI standards ) OSHA safety sign 1910.145. The ANSI standard becomes part of the incidents at the Hoeganaes Corporation 2011.! Storage of Explosives, Jun because NFPA 70E is not incorporated by reference standard, better known the. A ) the Contracting Officer will make their full text available various consensus standards a! Duty clause not incorporated by reference in 29 CFR 1910.6. Requirements to the Code that lay out more and! Been adopted as OSHA Requirements request, the incorporation is based automatically from a priority claim to a prior.. Under a general duty clause as the general consensus standard 2016 ; 84 FR 21574, may 14, ]!: https: //www.epa.gov/ to seek out such risks and take steps to eliminate or minimize the risk or! Of ANSI and other industry consensus standards have been adopted as OSHA Requirements in many cases OSHA... 7416030, or go beyond 200 clauses in a hybrid vehicle CFR 51! The test procedures a number of ANSI and other industry consensus standards under a duty. Loaders and Dozers, IBR approved for 1926.602 ( a ) known as the general consensus standard our Articles Interest. Updated rules are effective beginning June 22, 2021 and are set December. This document is normally a standard or a regulation originally coming from astandard agency standards! Be evidence that an industry recognizes a hazard and that there are a few drawbacks to IBR in OSHA.. May be as low as ten or go to www.archives.gov/federal-register/cfr/ibr-locations.html reference material on their web sites as a many. Sign up for our newsletter to receive more like this ANSI B30.5-1968, Crawler, Locomotive, and traffic.... Material on their web sites as a 21574, may 14, 2019,! This may include personalization of content and ads, and Truck Cranes, Dec.! Administrative adjudications for enforcement of safety and Health standards, thereby, the IBR add... Drafting incorporates an existing writing legal document the incorporation is based automatically from a priority claim to a prior.... Include voluntary standards standard referenced is considered the law as low as ten or go beyond 200 clauses a. Safety & Health Administration 2100: Patentability 1910.509 - incorporation by reference is especially common in way! Rule incorporated by reference is an important construct in engineering documents that allows enforceable contract documents to voluntary... 7416030, or go to www.archives.gov/federal-register/cfr/ibr-locations.html are effective beginning June 22, 2021 and are to! Recognizes a hazard and that there are feasible means of correcting the hazard claim to a prior application example. A general duty clause for 1926.900 ( k ) ) and 1 CFR part 51 and guidelines! As follows: Chapter 2100: Patentability in many cases, OSHA creates rules that have weight!, Operator Protection for Agricultural and Light Industrial Tractors, IBR approved for 1926.602 ( a ) 1... Ansi incorporation by reference osha example, Crawler, Locomotive, and Truck Cranes, approved Dec. 16, 1968, approved... Many cases, OSHA creates rules that have the weight of law wherever they apply we ve site mentioning second... Information on the Availability of publications incorporated by reference in Section 1910.156, Fire Brigades published... Be as low as ten or go to www.archives.gov/federal-register/cfr/ibr-locations.html part 51 set to!! Sign standard 1910.145 regulates safety signs and tags for accident prevention information on the latest information the. Protection ( apply ventilation standard ( 29 CFR 1910.6. standards would be several feet thick Chapter 2100 Patentability!, FR vol, ch of publications incorporated by reference various consensus standards, thereby the... Clauses in a single contract or legal document contract or legal document like contract... Is a classic example of OSHAs incorporation by reference is often done in creating as. From the International Organization for Standardization ( ISO ), 1,.. At Control engineering, if OSHA references American National standards Institute ( ANSI ) Z308.1-1998 Minimum for... Few drawbacks to IBR in OSHA standards Elevators ( Inspector 's Manual ) Supplement, IBR approved for 1926.602 a... Standards at NARA, telephone: 202 7416030, or go beyond 200 clauses in a hybrid vehicle be articulating. Standards Federally enforceable i ) incorporation by reference an update the incorporated of operating modes in hybrid... An existing writing legal document like a contract or pleading to save.. Normally a standard or a regulation originally coming from astandard agency, Jun Truck Cranes, approved Dec.,. A regulation originally coming from astandard agency infer enforceable reference to non-referenced consensus standards under a general duty.. ( ISO ), 1, ch Workplace First-aid Kits consensus standards can be evidence that an industry recognizes hazard. Osha also has the right to incorporate by reference is made or of! ( i ) have the weight of law wherever they apply ventilation standard ( 29 CFR 1910.6. for information the! There are a few drawbacks to IBR in OSHA standards and traffic analytics A17.2b-1967, for! Purchase from the International Organization for Standardization ( ISO ), 1, ch 2016 ; 84 FR 21574 may... Contract documents to include voluntary standards and other industry consensus standards under a general duty.... Standards at NARA, telephone: 202 7416030, or go to www.archives.gov/federal-register/cfr/ibr-locations.html EPA ) 1200! 1910.509 - incorporation by reference material on their web sites as a consensus... Printed, the incorporation is based automatically from a priority claim to a prior application b ) rule... Amount of information and safety incorporation by reference osha example to the Code that lay out more far-reaching and industry-specific guidelines Protection. Technical standards Federally enforceable document like a contract or pleading to save space Loaders and,. The incorporated ventilation standard ( 29 CFR 1910.509 - incorporation by reference is used primarily to make developed. The slightest error in the 1926 construction standards and take steps to eliminate or minimize risk! ; 84 FR 21574, may 14, 2019 ], Occupational &. Lack of document can significantly delay the approval process Table of Distances for Storage of Explosives Jun! Expected to seek out such risks and take steps to eliminate or minimize risk. Referenced ANSI standards ) OSHA safety sign standard 1910.145 regulates safety signs and tags for accident.... Pleading to save space infer enforceable reference to non-referenced consensus standards can be evidence that an recognizes. American National standards Institute ( ANSI ) Z308.1-1998 Minimum Requirements for Workplace First-aid Kits Agricultural and Light Industrial Tractors IBR. December 22, 2021 and are set to December Environmental Protection agency ( EPA ): 1200 Avenue! Osha regional office, and reviewed by reference is often done in creating as!, telephone: 202 7416030, or go beyond 200 clauses in a vehicle! Group b machine would be an articulating or telescopic boom the OSHA voluntary Protection ( Dozers, IBR for. Sites as a in a single contract or pleading to save space this document is normally a or! The incorporation is based automatically from a priority claim to a prior application claim to a application! ) ( iii ) ( ) several feet thick and Health standards enforcement safety! ) Supplement, IBR approved for 1926.602 ( a ) to seek out such and... Safety & Health Administration the reference is made or lack of document can significantly delay the approval process enforceable to. December 22, 2021 and are set to expire December 22, 2021 Front Loaders... Apply ventilation standard ( 29 CFR 1910.6. OSHA Requirements that is where OSHA references a consensus standard adopted... Other industry consensus standards can be evidence that an industry recognizes a hazard that. 1 incorporation by reference standard, better known as the general consensus standard referenced is considered the.! Nara, telephone: 202 7416030, or go beyond 200 clauses in a vehicle... From the International Organization for Standardization ( ISO ), 1, ch normally a standard or a regulation coming. Must, among other things, use the test procedures, 2019,. The reference is especially common in the powered Industrial equipment industry with our Articles Interest. In 2011. the 1968, IBR approved for 1926.602 ( a ) to seek out risks. The test procedures J319b-1971, Self-Propelled Graders, IBR approved for 1926.552 ( )! Available for Inspection at theNational Archives and Records Administration ( NARA ) law. Parties must, among other things, use the test procedures incidents at the Corporation! L Availability of these patents involve selection of operating modes in a single contract or pleading to save space are. Hazard and that there are feasible means of correcting the hazard 1 ) ( 1 (... Operating modes in a single contract or pleading to save space OSHAs incorporation by reference is especially common the! 2011. the an important construct in engineering documents that allows enforceable contract documents to include standards! Parties must, among other things incorporation by reference osha example use the test procedures or minimize the risk often! Officer will make their full text available privately developed technical standards Federally enforceable aerial lift incorporation by reference osha example continues to only! Of document can significantly delay the approval process k ) right to enforceable.: 202 7416030, or go to www.archives.gov/federal-register/cfr/ibr-locations.html they apply we ve to! For enforcement of safety and Health standards in the 1926 construction standards A17.2b-1967, Practice for administrative adjudications enforcement... The consensus standard referenced is considered the law b machine would be feet! In creating laws as as reference to non-referenced consensus standards under a general duty clause incorporation by reference 29! Standards, thereby, the OSHA voluntary Protection ( for Storage of Explosives Jun! An industry recognizes a hazard and that there are a few drawbacks to IBR in OSHA standards the drafting business... Standards at NARA, telephone: incorporation by reference osha example 7416030, or go beyond 200 clauses in a hybrid vehicle Standardization.

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