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January 2, 2003
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday (Thursday this week because of the holiday) to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.08(B)(3)(a), Double Tagging in Zone G
PROPOSED RULE NUMBER: 2002-P282
CONCISE SUMMARY: Pursuant to 12 MRSA 6191 a public hearing has been scheduled to be held on January 23, 2003 in Scarborough in accordance with request received during the 30-day comment period (November 6 - December 6, 2002) on the following rulemaking proposal: This revised rulemaking is intended to replace the similar proposed double lobster trap tagging provision for non-Zone G lobstermen who fish in Zone G, on which a hearing was held in Scarborough on September 26, 2002. The proposed regulation would increase the Marine Patrol's ability to enforce the current 49/51 % trap component of the Lobster Zone Limited Entry rules of Zone G. The revised proposal would limit the requirement to double tag to only the months of November through February each year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A, 6191
PUBLIC HEARING: Thursday, January 23, 2003, 7:00 p.m., Scarborough Town Hall - Municipal Building, 259 US Route One, Scarborough
DEADLINE FOR COMMENTS: Monday, February 3, 2003
AGENCY CONTACT PERSON: Lt. David Mercier
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04576-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9695
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
For accommodations due to disability: (207) 624-6567 (Breena Whitcomb)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2002-P307
CONCISE SUMMARY: The Maine Milk Commission will hold a hearing to adjust Dealer Margins.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954
PUBLIC HEARING: 9: 00 a.m., Tuesday, January 21, 2003 Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
PREFILE: January 21, 2003
COMMENT PERIOD: January 31, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY:
05-071 - Department of Education, and
94-376 - Maine Municipal Bond Bank

RULE TITLE OR SUBJECT: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund
PROPOSED RULE NUMBER: 2002-P320
CONCISE SUMMARY: These rules govern the application and approval process for projects to be considered through the School Revolving Renovation Fund; Facility Maintenance and Capital Improvement Programs; Maine School Facilities Finance Program and lease and lease/purchase of temporary interim space and small nonadministrative space.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 1, 4001, 5804, 5805, 15603, and 15918; 30-A MR.S.A. 5953-E, 6006-E, 6006-F, and 6014; and PL 2001, Ch. 439, 0000-4
PUBLIC HEARING: Wednesday, January 22, 2003 from 1:00 p.m. to 2:00 p.m.:
Augusta: Burton M. Cross State Office Building, Room 103 (ATM Studio)
Bangor Public Library, ATM Studio
Presque Isle High School, ATM Studio
Gorham High School, ATM Studio
DEADLINE FOR COMMENTS: Written comments maybe submitted to the Department of Education, attention Judith Malcolm, by 5:00 p.m., Monday, February 3, 2003.
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director/Team Leader, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE:
Ch. 101, Visible Emissions Regulation, and
Ch. 100, Definitions
PROPOSED RULE NUMBER: 2002-P321
CONCISE SUMMARY: The Department is proposing to repeat and replace the Ch. 101, Visible Emissions Regulation, which establishes opacity limits for emissions from fuel burning sources, recovery boilers, general process sources and fugitive emission sources. Opacity is the degree that the background is obscured by the emissions from a stack or fugitive source. The Board of Environmental Protection held a public hearing on August 1, 2002 concerning the proposed amendments which change the averaging times that determine compliance with this rule and make the opacity limit on certain fuel burning sources more stringent. The following definitions have been added or amended in Ch. 100, Definitions: fuel burning equipment, fugitive emissions, general process source, recovery boiler, six minute block average for non-continuous opacity monitors and six minute block average for continuous opacity monitors. Based on comments received from the public, the Department made changes to the rule which require a 30-day public comment period. The Department is proposing to provide boiler start-up/shutdown exemptions through the licensing process on a case-by-case basis and compliance with the opacity limits are amended for certain sources.
Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: No public hearing will be held; public comments are requested.
DEADLINE FOR COMMENTS: January 31, 2003, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAMIE: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II and III, Section 13, Targeted Case Management Services
PROPOSED RULE NUMBER: 2002-P322
CONCISE SUMMARY: These proposed rule changes clarify the Department of Behavioral and Developmental Services targeted case management eligibility criteria, expands access, allow physicians to provide diagnosis, expand eligible providers for services to the homeless population and allow coverage for the Healthy Futures benefits and services related to Childfind.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 42, 3173-A
PUBLIC HEARING: 9 a.m., January 24, 2003, Bureau of Medical Services, 422 Civic Center Drive, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 4, 2003
AGENCY CONTACT PERSON: Gregory Nadeau, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
TTY: 1 (800) 423-4331 (Deaf/Hard of Hearing) or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 97, Private Non-Medical Institutions
PROPOSED RULE NUMBER: 2002-P323
CONCISE SUMMARY: These proposed rule changes include necessary definitions and clarification of covered services and non-duplication of services. This rulemaking covers minor and technical rulemaking in Ch. II, Section 97 only.
PUBLIC HEARING:
Date: January 22, 2003, 1:00 p.m.
Location: Large. Conference Room, Department of Human Services, 442 Civic Center Drive, Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 17, 2003

RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 97, Private Non-Medical Institutions, and Ch. III, Section 97 Appendices B, C, D, E and F.
PROPOSED RULE NUMBER: 2002-P324
CONCISE SUMMARY: This proposed rule includes changes adopted with emergency rule of July 1, 2002, as well as additional changes. The rule is major and substantive. Bed-hold policy is revised and moved to the Limitations section of Ch. II. The Department has added a code for personal care services provided in medical and remedial PNMIs to cover some dietary, housekeeping and laundry direct care staff wages. In Appendix D, the Department proposes to cover 60% of foster care parent wages and stipends as allowable costs.
PUBLIC HEARING:
Date: January 22, 2003, 2:00 p.m.
Location: Large Conference Room, Department of Human Services, 442 Civic Center Drive, Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 17, 2003.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
DEADLINE FOR COMMENTS: February 3, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. VI, Section 2, Mandatory Managed Care Initiative, and Ch. VII, Section 2, Medicaid Managed Care Initiative
PROPOSED RULE NUMBER: 2002-P325
CONCISE SUMMARY: These changes repeal Ch. VI, Section 2, Mandatory Managed Care Initiative, and Ch. VII, Section 2, Medicaid Managed Care Initiative, of the Maine Care Benefits Manual because there is no longer a contracted managed care initiative in place.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: 11 a.m., January 24, 2003, Bureau of Medical Services, 422 Civic Center Drive, Augusta, Maine, 04333
DEADLINE FOR COMMENTS: February 4, 2003
AGENCY CONTACT PERSON: Gregory Nadeau, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
TTY: 1 (800) 423-4331 (Deaf/Hard of Hearing) or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 115, Principles of Reimbursement for Residential Care Facilities
PROPOSED RULE NUMBER: 2002-326
CONCISE SUMMARY: The proposed rule includes necessary definitions and clarifications. The Department reinserted a table used to calculate the administrative allowance according to the number of beds in a facility. The proposed rules require that bed-hold days for the room and board portion of this chapter only be covered when a bed-hold day for the corresponding date is allowed for the PNMI service portion.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: January 22, 2003, 3:00 p.m.
Location: Department of Human Services, 442 Civic Center Drive, Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 17, 2003
DEADLINE FOR COMMENTS: February 3, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety & Health
RULE TITLE OR SUBJECT: Ch. 7, Rules Advancing the Performance of Sound Student Safety Practices in Maine's Public Schools and Colleges
PROPOSED RULE NUMBER: 2002-P327
CONCISE SUMMARY: Provides a structure for the Bureau of Labor Standards to regulate safety and health standards in public school facilities where a hazardous condition is not regulated by previously adopted standards.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 2001 Public Law Ch. 397
PUBLIC HEARING: January 23, 2003 - 9:00 a.m., Bureau of Labor Standards, Hallowell Annex, First Floor, Room 106, Hallowell, Maine 04347
DEADLINE FOR COMMENTS: February 3, 2003
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.96, Lobster Apprentice Program
PROPOSED RULE NUMBER: 2002-P328
CONCISE SUMMARY: The Department proposes to remove the stipulation on the amount of hours per day for the time requirement in the lobster apprentice program. The program currently requires documentation of 200 fishing days at a minimum of 5 hours per day. This criterion would be converted to the equivalent time period of 1,000 fishing hours. This amendment would provide individuals the option to accrue the necessary time on a more flexible basis that could be accrued on a less than 5-hour per day minimum. The minimum overall time period of 24 months to accrue fishing time would not change and the amendment would not require existing apprentices to change their logbook format.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6421, 6422 and 6448
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Saturday, February 1, 2003
AGENCY CONTACT PERSON: Lisa Cote, License Eligibility Specialist
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45, Shrimp
PROPOSED RULE NUMBER: 2002-P329
CONCISE SUMMARY: The proposed amendments would increase in the cod end mesh size from 6 to 6.5 inches in trawl net gear, update the prohibited bycatch list of regulated groundfish species and repeal the April small mesh exempted area between Matinicus and Vinalhaven. These changes are considered necessary to provide consistency with Ch. 34 rules for Groundfish that became effective on July 22, 2002 that complement and support the Court order issued by the United States District Court for the District of Columbia in connection with the lawsuit filed in Conservation Law Foundation v. Evans on April 26, 2002, as modified by the court on May 23, 2002, and the federal regulations promulgated in connection with that order which became effective as of June 1, 2002. Separate technical corrections and updates include: the penalty citation under section 50 would be repealed, as it is redundant with the statutes; the term "presumed" would be changed to "prima facie evidence" for consistency with new enforcement rules; the definition of shrimp is clarified to ensure that the existing meaning of all Pandalid species is consistent throughout Ch. 45, unless otherwise stated; and the closed season referred to under the processing section of 45.05(B) is clarified to mean the time period other than the annually set open season in section 45.05.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Saturday, February 1, 2003
AGENCY CONTACT PERSON: Col. Joe Fessenden. Mail written comments to: c/o L. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 624-6660
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 19-498 - Department of Economic and Community Development
RULE TITLE OR SUBJECT: Ch. 10, Community Industrial Building Program
PROPOSED RULE NUMBER: 2002-P330
CONCISE SUMMARY: The Community Industrial Building Program was transferred to the Maine Rural Development Authority. The department is repealing the current rule, as the program no longer resides within the department.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13058 sub-3
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 30, 2003
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9801


AGENCY: Maine Rural Development Authority (temporarily filed under 19-100)
RULE TITLE OR SUBJECT: Ch. 10, Community Industrial Building Program
PROPOSED RULE NUMBER: 2002-P331
CONCISE SUMMARY:
* This rules outlines the methodology and criteria for allocating funds to community industrial building projects.
* The process through which municipalities and local development corporations must apply for community industrial building funds.
* Rates of interest, the duration of interest payments and any other terms to which municipalities and local development corporations must be subject under this paragraph; and
* Other matters necessary to the proper administration of the program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13120-0 sub -1 D
PUBLIC HEARING: none scheduled; if five or more people request one, a public hearing will be scheduled.
DEADLINE FOR COMMENTS: January 30, 2003
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station, Augusta, ME 04333
E-MAIL: Peggy.Schaffer@maine.gov
TELEPHONE: (207) 624-9801


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 320, BETR Reimbursement Loan Program
PROPOSED RULE NUMBER: 2002-P332
CONCISE SUMMARY: This rule establishes the procedures, standards and fees applicable to borrowers applying for loans from the Authority's program of direct loans for businesses facing a substantial hardship from delay in the payment of the BETR Reimbursement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2001, ch. 714, Secs. QQ-1 and QQ-2.
PUBLIC HEARING: January 16, 2003, 10:30 a.m., Finance Authority of Maine, 5 Community Dr., Augusta, ME 04330
DEADLINE FOR COMMENTS: Written comments are requested on or before January 16, 2003 but will be accepted on or before January 27, 2003. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 1, General Provisions
ADOPTED RULE NUMBER: 2002-507
CONCISE SUMMARY: The Commission revised its fees to create a more equitable, simplified fee system that will be more consistently applied. Application fees for building, forestry operation, and other development permits, excluding subdivision permits, were previously assessed based on the estimated development costs of the project. It was difficult for applicants to correctly estimate building costs, and nearly impossible for staff to verify these estimates. The Commission established a flat fee for most of these permit types, although it retained the ability to charge more for very large projects, and will continue to base those fees on the estimated development costs.
EFFECTIVE DATE: January 1, 2003
AGENCY CONTACT PERSON: Peggy Dwyer
AGENCY NAME: Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2631


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #01-03
ADOPTED RULE NUMBER: 2002-508
CONCISE SUMMARY: Minimum January, 2003 Class I price is $13.81 plus $.15/cwt. Producer Cost of Production and an over order premium of $0.80/cwt. as prevailing in southern New England for a total of $14.76. Class II minimums set at $11.41 which includes $0.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: January 1, 2003
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 14, Advanced Practice Registered Nursing Services
ADOPTED RULE NUMBER: 2002-509
CONCISE SUMMARY: These rule changes clarify the use of billing modifiers for A.P.R.N. services. The proposed rules also clarify that A.P.R.N.s must meet all applicable service and procedure requirements of MBM, Ch. II, Section 90, Physician's Services. Rule changes also contain other clarifications, organizational changes, minor edits, technology changes and updates. Some sections that are covered in Ch. I are removed from this chapter.
EFFECTIVE DATE: January 1, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services, Bureau of Medical Services
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



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