78335Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
(3) * * *
(i) Subtract 16.82 cents from the price
computed pursuant to paragraph (n)(1)
of this section and multiply the result
by 1.572; and * * *
(o) Other solids price. The other solids
price per pound, rounded to the nearest
one-hundredth cent, shall be the U.S.
average NASS dry whey survey price
reported by the Department for the
month minus 19.56 cents, with the
result multiplied by 1.03. * * *
(q) * * *
(3) An advanced butterfat price per
pound, rounded to the nearest one-
hundredth cent, shall be calculated by
computing a weighted average of the 2
most recent U.S. average NASS AA
Butter survey prices announced before
the 24th day of the month, subtracting
12.02 cents from this average, and
multiplying the result by 1.20.
Dated: December 26, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 06–9943 Filed 12–27–06; 9:53 am]
BILLING CODE 3410 –02–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 25
[Docket No. 06–18]
RIN 1557–AD00
FEDERAL RESERVE SYSTEM
12 CFR Part 228
[Regulation BB; Docket No. R–1273]
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 345
RIN 3064–AD11
Community Reinvestment Act
Regulations
AGENCIES: Office of the Comptroller of
the Currency, Treasury (OCC); Board of
Governors of the Federal Reserve
System (Board); Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint final rule; technical
correction.
SUMMARY: The OCC, the Board, and the
FDIC (collectively, the ‘‘agencies’’) are
publishing this joint final rule to
reinsert a provision that was
inadvertently deleted when the agencies
revised their Community Reinvestment
Act (CRA) regulations in August 2005.
This change is technical only and does
not make any substantive revisions. The
agencies are also amending their CRA
regulations to increase the asset-size
threshold to be used to define ‘‘small
bank’’ and ‘‘intermediate small bank.’’
The regulation is amended to state the
increase in the threshold amount based
on the annual percentage change in the
Consumer Price Index.
DATES: Effective January 1, 2007.
FOR FURTHER INFORMATION CONTACT:
OCC: Margaret Hesse, Special
Counsel, Community and Consumer
Law Division, (202) 874–5750; or Karen
Tucker, National Bank Examiner,
Compliance Division, (202) 874–4428,
Office of the Comptroller of the
Currency, 250 E Street, SW.,
Washington, DC 20219.
Board: Anjanette M. Kichline, Senior
Supervisory Consumer Financial
Services Analyst, (202) 785–6054; or
Elizabeth A. Eurgubian, Attorney, (202)
452–3667, Division of Consumer and
Community Affairs, Board of Governors
of the Federal Reserve System, 20th
Street and Constitution Avenue, NW.,
Washington, DC 20551.
FDIC: Faye Murphy, Fair Lending
Specialist, (202) 898–6613, CRA and
Fair Lending Policy Section, Division of
Supervision and Consumer Protection;
or Susan van den Toorn, Counsel, Legal
Division, (202) 898–8707, Federal
Deposit Insurance Corporation, 550 17th
Street, NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION:
Background
The agencies jointly are amending
their regulations at 12 CFR parts 25,
228, and 345 implementing the CRA (12
U.S.C. 2901 et seq.) to make a technical
correction related to regulatory changes
that became effective on September 1,
2005 (70 FR 44256) and to publish an
increase in the asset-size threshold for
small and intermediate small banks as
required by the regulations. The
agencies will publish current and
historical asset-size thresholds on the
Web site of the Federal Financial
Institutions Examination Council at
http://www.ffiec.gov/cra/.
Description of the Joint Final Rule
The technical correction published
today adds as paragraph (d) to §§ 25.26,
228.26, and 345.26 a provision stating,
‘‘The [agency] rates the performance of
a bank evaluated under this section as
provided in appendix A of this part.’’
No change in the evaluation or rating of
small banks will result from reinserting
the provision as new paragraph (d). The
agencies find it important to make this
technical correction in order to provide
clarification and consistency with other
similar provisions in parts 25, 228, and
345.
The agencies’ CRA regulations, as
revised on September 1, 2005, provide
that banks that, as of December 31 of
either of the prior two calendar years,
had assets of less than $1 billion are
‘‘small banks.’’ Small banks with assets
of at least $250 million as of
December 31 of both of the prior two
calendar years and less than $1 billion
as of December 31 of either of the prior
two calendar years are ‘‘intermediate
small banks.’’ 12 CFR 25.12(u)(1),
228.12(u)(1), and 345.12(u)(1). The
regulations further provide that the
agencies will publish annual
adjustments to these dollar figures based
on the year-to-year change in the
average of the Consumer Price Index for
Urban Wage Earners and Clerical
Workers (CPIW), not seasonally
adjusted, for each twelve-month period
ending in November, with rounding to
the nearest million. 12 CFR 25.12(u)(2),
228.12(u)(2), and 345.12(u)(2).
During the period ending
November 2006, the CPIW increased by
3.32 percent. As a result, the agencies
are revising §§ 25.12(u)(1), 228.12(u)(1),
and 345.12(u)(1) to make this annual
adjustment. Beginning January 1, 2007,
banks that, as of December 31 of either
of the prior two calendar years, had
assets of less than $1.033 billion are
‘‘small banks.’’ Small banks with assets
of at least $258 million as of
December 31 of both of the prior two
calendar years and less than $1.033
billion as of December 31 of either of the
prior two calendar years are
‘‘intermediate small banks.’’
Administrative Procedure Act and
Effective Date
Under 5 U.S.C. 553(b)(B) of the
Administrative Procedure Act (APA), an
agency may, for good cause, find (and
incorporate the finding and a brief
statement of reasons therefor in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.
With regard to the revision adding
back the paragraph referring to
appendix A: Appendix A to the
agencies’ regulations describes the CRA
ratings system for each performance test
under the regulations and provides
specific information on what
institutions must demonstrate in order
to achieve a particular rating. Prior to
the regulatory changes adopted in 2005,
each provision in the agencies’
regulations describing a performance
test included a paragraph stating that
VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1
rmajette on PROD1PC72 with RULES
(3) * * *
(i) Subtract 16.82 cents from the price
computed pursuant to paragraph (n)(1)
of this section and multiply the result
by 1.572; and * * *
(o) Other solids price. The other solids
price per pound, rounded to the nearest
one-hundredth cent, shall be the U.S.
average NASS dry whey survey price
reported by the Department for the
month minus 19.56 cents, with the
result multiplied by 1.03. * * *
(q) * * *
(3) An advanced butterfat price per
pound, rounded to the nearest one-
hundredth cent, shall be calculated by
computing a weighted average of the 2
most recent U.S. average NASS AA
Butter survey prices announced before
the 24th day of the month, subtracting
12.02 cents from this average, and
multiplying the result by 1.20.
Dated: December 26, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 06–9943 Filed 12–27–06; 9:53 am]
BILLING CODE 3410 –02–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 25
[Docket No. 06–18]
RIN 1557–AD00
FEDERAL RESERVE SYSTEM
12 CFR Part 228
[Regulation BB; Docket No. R–1273]
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 345
RIN 3064–AD11
Community Reinvestment Act
Regulations
AGENCIES: Office of the Comptroller of
the Currency, Treasury (OCC); Board of
Governors of the Federal Reserve
System (Board); Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint final rule; technical
correction.
SUMMARY: The OCC, the Board, and the
FDIC (collectively, the ‘‘agencies’’) are
publishing this joint final rule to
reinsert a provision that was
inadvertently deleted when the agencies
revised their Community Reinvestment
Act (CRA) regulations in August 2005.
This change is technical only and does
not make any substantive revisions. The
agencies are also amending their CRA
regulations to increase the asset-size
threshold to be used to define ‘‘small
bank’’ and ‘‘intermediate small bank.’’
The regulation is amended to state the
increase in the threshold amount based
on the annual percentage change in the
Consumer Price Index.
DATES: Effective January 1, 2007.
FOR FURTHER INFORMATION CONTACT:
OCC: Margaret Hesse, Special
Counsel, Community and Consumer
Law Division, (202) 874–5750; or Karen
Tucker, National Bank Examiner,
Compliance Division, (202) 874–4428,
Office of the Comptroller of the
Currency, 250 E Street, SW.,
Washington, DC 20219.
Board: Anjanette M. Kichline, Senior
Supervisory Consumer Financial
Services Analyst, (202) 785–6054; or
Elizabeth A. Eurgubian, Attorney, (202)
452–3667, Division of Consumer and
Community Affairs, Board of Governors
of the Federal Reserve System, 20th
Street and Constitution Avenue, NW.,
Washington, DC 20551.
FDIC: Faye Murphy, Fair Lending
Specialist, (202) 898–6613, CRA and
Fair Lending Policy Section, Division of
Supervision and Consumer Protection;
or Susan van den Toorn, Counsel, Legal
Division, (202) 898–8707, Federal
Deposit Insurance Corporation, 550 17th
Street, NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION:
Background
The agencies jointly are amending
their regulations at 12 CFR parts 25,
228, and 345 implementing the CRA (12
U.S.C. 2901 et seq.) to make a technical
correction related to regulatory changes
that became effective on September 1,
2005 (70 FR 44256) and to publish an
increase in the asset-size threshold for
small and intermediate small banks as
required by the regulations. The
agencies will publish current and
historical asset-size thresholds on the
Web site of the Federal Financial
Institutions Examination Council at
http://www.ffiec.gov/cra/.
Description of the Joint Final Rule
The technical correction published
today adds as paragraph (d) to §§ 25.26,
228.26, and 345.26 a provision stating,
‘‘The [agency] rates the performance of
a bank evaluated under this section as
provided in appendix A of this part.’’
No change in the evaluation or rating of
small banks will result from reinserting
the provision as new paragraph (d). The
agencies find it important to make this
technical correction in order to provide
clarification and consistency with other
similar provisions in parts 25, 228, and
345.
The agencies’ CRA regulations, as
revised on September 1, 2005, provide
that banks that, as of December 31 of
either of the prior two calendar years,
had assets of less than $1 billion are
‘‘small banks.’’ Small banks with assets
of at least $250 million as of
December 31 of both of the prior two
calendar years and less than $1 billion
as of December 31 of either of the prior
two calendar years are ‘‘intermediate
small banks.’’ 12 CFR 25.12(u)(1),
228.12(u)(1), and 345.12(u)(1). The
regulations further provide that the
agencies will publish annual
adjustments to these dollar figures based
on the year-to-year change in the
average of the Consumer Price Index for
Urban Wage Earners and Clerical
Workers (CPIW), not seasonally
adjusted, for each twelve-month period
ending in November, with rounding to
the nearest million. 12 CFR 25.12(u)(2),
228.12(u)(2), and 345.12(u)(2).
During the period ending
November 2006, the CPIW increased by
3.32 percent. As a result, the agencies
are revising §§ 25.12(u)(1), 228.12(u)(1),
and 345.12(u)(1) to make this annual
adjustment. Beginning January 1, 2007,
banks that, as of December 31 of either
of the prior two calendar years, had
assets of less than $1.033 billion are
‘‘small banks.’’ Small banks with assets
of at least $258 million as of
December 31 of both of the prior two
calendar years and less than $1.033
billion as of December 31 of either of the
prior two calendar years are
‘‘intermediate small banks.’’
Administrative Procedure Act and
Effective Date
Under 5 U.S.C. 553(b)(B) of the
Administrative Procedure Act (APA), an
agency may, for good cause, find (and
incorporate the finding and a brief
statement of reasons therefor in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.
With regard to the revision adding
back the paragraph referring to
appendix A: Appendix A to the
agencies’ regulations describes the CRA
ratings system for each performance test
under the regulations and provides
specific information on what
institutions must demonstrate in order
to achieve a particular rating. Prior to
the regulatory changes adopted in 2005,
each provision in the agencies’
regulations describing a performance
test included a paragraph stating that
VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1
rmajette on PROD1PC72 with RULES
78336 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
the performance of a bank under that
particular test is rated as provided in
appendix A. In 2005, the agencies
revised §§ 25.26, 228.26, and 345.26 and
appendix A to include a new
performance test for banks that meet the
definition of ‘‘intermediate small bank.’’
In adopting the revision, the paragraph
in §§ 25.26, 228.26, and 345.26 referring
to appendix A inadvertently was
deleted. This revision adds that
paragraph back into the regulations. For
these reasons, the agencies, for good
cause, find that the notice and comment
procedures prescribed by the APA are
unnecessary because the joint final rule
is making a technical correction without
substantive change to the provisions of
parts 25, 228, and 345.
With regard to the adjusted asset-size
thresholds: The amendments to the
regulations to adjust the asset-size
thresholds for small and intermediate
small banks are technical. Sections
25.12(u)(1), 228.12(u)(1), and
345.12(u)(1) are amended by adjusting
the asset threshold as provided for in
§§ 25.12(u)(2), 228.12(u)(2), and
345.12(u)(2). This amendment applies
the formula established by the CRA
regulations for determining adjustments
to the small and intermediate small
bank asset thresholds.
For these reasons, the agencies have
determined that publishing a notice of
proposed rulemaking and providing
opportunity for public comment are
unnecessary.
Under 5 U.S.C. 553(d)(3) of the APA,
the required publication or service of a
substantive rule shall be made not less
than 30 days before its effective date,
except, among other things, as provided
by the agency for good cause found and
published with the rule. The agencies
find that there is good cause for
shortened notice because the revisions
made by this joint final rule are minor,
nonsubstantive, and technical. This
joint final rule takes effect January 1,
2007.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
does not apply to a rulemaking where a
general notice of proposed rulemaking
is not required. 5 U.S.C. 603 and 604.
As noted previously, the agencies have
determined that it is unnecessary to
publish a notice of proposed rulemaking
for this joint final rule. Accordingly, the
RFA’s requirements relating to an initial
and final regulatory flexibility analysis
do not apply.
Paperwork Reduction Act of 1995
There are no collection of information
requirements in this joint final rule.
Executive Order 12866
The OCC has determined that this
joint final rule is not a significant
regulatory action as defined in
Executive Order 12866.
Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532 (Unfunded Mandates Act),
requires that an agency must prepare a
budgetary impact statement before
promulgating any rule likely to result in
a Federal mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year. If a budgetary impact
statement is required, section 205 of the
Unfunded Mandates Act also requires
an agency to identify and consider a
reasonable number of regulatory
alternatives before promulgating a rule.
The OCC has determined that this joint
final rule will not result in expenditures
by State, local, and tribal governments,
or by the private sector, of $100 million
or more in any one year. Accordingly,
this joint final rule is not subject to
section 202 of the Unfunded Mandates
Act.
Executive Order 13132
The OCC has determined that this
joint final rule does not have any
Federalism implications as required by
Executive Order 13132.
List of Subjects
12 CFR Part 25
Community development, Credit,
Investments, National banks, Reporting
and recordkeeping requirements.
12 CFR Part 228
Banks, banking, Community
development, Credit, Investments,
Reporting and recordkeeping
requirements.
12 CFR Part 345
Banks, banking, Community
development, Credit, Investments,
Reporting and recordkeeping
requirements.
Department of the Treasury
Office of the Comptroller of the
Currency
12 CFR Chapter I
For the reasons discussed in the joint
preamble, 12 CFR part 25 is amended as
follows:
PART 25—COMMUNITY
REINVESTMENT ACT AND
INTERSTATE DEPOSIT PRODUCTION
REGULATIONS
1. The authority citation for part 25
continues to read as follows:
Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36,
93a, 161, 215, 215a, 481, 1814, 1816, 1828(c),
1835a, 2901 through 2907, and 3101 through
3111.
2. Revise § 25.12(u)(1) to read as
follows:
§ 25.12 Definitions.
* * * * *
(u) Small bank—(1) Definition. Small
bank means a bank that, as of December
31 of either of the prior two calendar
years, had assets of less than $1.033
billion. Intermediate small bank means
a small bank with assets of at least $258
million as of December 31 of both of the
prior two calendar years and less than
$1.033 billion as of December 31 of
either of the prior two calendar years.
* * * * *
3. Add § 25.26(d) to read as follows:
§ 25.26 Small bank performance
standards.
* * * * *
(d) Small bank performance rating.
The OCC rates the performance of a
bank evaluated under this section as
provided in appendix A of this part.
Federal Reserve System
12 CFR Chapter II
For the reasons set forth in the joint
preamble, the Board of Governors of the
Federal Reserve System amends part
228 of chapter II of title 12 of the Code
of Federal Regulations as follows:
PART 228—COMMUNITY
REINVESTMENT (REGULATION BB)
1. The authority citation for part 228
continues to read as follows:
Authority: 12 U.S.C. 321, 325, 1828(c),
1842, 1843, 1844, and 2901 et seq.
2. Revise § 228.12(u)(1) to read as
follows:
§ 228.12 Definitions.
* * * * *
(u) Small bank—(1) Definition. Small
bank means a bank that, as of December
31 of either of the prior two calendar
years, had assets of less than $1.033
billion. Intermediate small bank means
a small bank with assets of at least $258
million as of December 31 of both of the
prior two calendar years and less than
$1.033 billion as of December 31 of
either of the prior two calendar years.
* * * * *
VerDate Aug<31>2005 13:55 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1
rmajette on PROD1PC72 with RULES
the performance of a bank under that
particular test is rated as provided in
appendix A. In 2005, the agencies
revised §§ 25.26, 228.26, and 345.26 and
appendix A to include a new
performance test for banks that meet the
definition of ‘‘intermediate small bank.’’
In adopting the revision, the paragraph
in §§ 25.26, 228.26, and 345.26 referring
to appendix A inadvertently was
deleted. This revision adds that
paragraph back into the regulations. For
these reasons, the agencies, for good
cause, find that the notice and comment
procedures prescribed by the APA are
unnecessary because the joint final rule
is making a technical correction without
substantive change to the provisions of
parts 25, 228, and 345.
With regard to the adjusted asset-size
thresholds: The amendments to the
regulations to adjust the asset-size
thresholds for small and intermediate
small banks are technical. Sections
25.12(u)(1), 228.12(u)(1), and
345.12(u)(1) are amended by adjusting
the asset threshold as provided for in
§§ 25.12(u)(2), 228.12(u)(2), and
345.12(u)(2). This amendment applies
the formula established by the CRA
regulations for determining adjustments
to the small and intermediate small
bank asset thresholds.
For these reasons, the agencies have
determined that publishing a notice of
proposed rulemaking and providing
opportunity for public comment are
unnecessary.
Under 5 U.S.C. 553(d)(3) of the APA,
the required publication or service of a
substantive rule shall be made not less
than 30 days before its effective date,
except, among other things, as provided
by the agency for good cause found and
published with the rule. The agencies
find that there is good cause for
shortened notice because the revisions
made by this joint final rule are minor,
nonsubstantive, and technical. This
joint final rule takes effect January 1,
2007.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
does not apply to a rulemaking where a
general notice of proposed rulemaking
is not required. 5 U.S.C. 603 and 604.
As noted previously, the agencies have
determined that it is unnecessary to
publish a notice of proposed rulemaking
for this joint final rule. Accordingly, the
RFA’s requirements relating to an initial
and final regulatory flexibility analysis
do not apply.
Paperwork Reduction Act of 1995
There are no collection of information
requirements in this joint final rule.
Executive Order 12866
The OCC has determined that this
joint final rule is not a significant
regulatory action as defined in
Executive Order 12866.
Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532 (Unfunded Mandates Act),
requires that an agency must prepare a
budgetary impact statement before
promulgating any rule likely to result in
a Federal mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year. If a budgetary impact
statement is required, section 205 of the
Unfunded Mandates Act also requires
an agency to identify and consider a
reasonable number of regulatory
alternatives before promulgating a rule.
The OCC has determined that this joint
final rule will not result in expenditures
by State, local, and tribal governments,
or by the private sector, of $100 million
or more in any one year. Accordingly,
this joint final rule is not subject to
section 202 of the Unfunded Mandates
Act.
Executive Order 13132
The OCC has determined that this
joint final rule does not have any
Federalism implications as required by
Executive Order 13132.
List of Subjects
12 CFR Part 25
Community development, Credit,
Investments, National banks, Reporting
and recordkeeping requirements.
12 CFR Part 228
Banks, banking, Community
development, Credit, Investments,
Reporting and recordkeeping
requirements.
12 CFR Part 345
Banks, banking, Community
development, Credit, Investments,
Reporting and recordkeeping
requirements.
Department of the Treasury
Office of the Comptroller of the
Currency
12 CFR Chapter I
For the reasons discussed in the joint
preamble, 12 CFR part 25 is amended as
follows:
PART 25—COMMUNITY
REINVESTMENT ACT AND
INTERSTATE DEPOSIT PRODUCTION
REGULATIONS
1. The authority citation for part 25
continues to read as follows:
Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36,
93a, 161, 215, 215a, 481, 1814, 1816, 1828(c),
1835a, 2901 through 2907, and 3101 through
3111.
2. Revise § 25.12(u)(1) to read as
follows:
§ 25.12 Definitions.
* * * * *
(u) Small bank—(1) Definition. Small
bank means a bank that, as of December
31 of either of the prior two calendar
years, had assets of less than $1.033
billion. Intermediate small bank means
a small bank with assets of at least $258
million as of December 31 of both of the
prior two calendar years and less than
$1.033 billion as of December 31 of
either of the prior two calendar years.
* * * * *
3. Add § 25.26(d) to read as follows:
§ 25.26 Small bank performance
standards.
* * * * *
(d) Small bank performance rating.
The OCC rates the performance of a
bank evaluated under this section as
provided in appendix A of this part.
Federal Reserve System
12 CFR Chapter II
For the reasons set forth in the joint
preamble, the Board of Governors of the
Federal Reserve System amends part
228 of chapter II of title 12 of the Code
of Federal Regulations as follows:
PART 228—COMMUNITY
REINVESTMENT (REGULATION BB)
1. The authority citation for part 228
continues to read as follows:
Authority: 12 U.S.C. 321, 325, 1828(c),
1842, 1843, 1844, and 2901 et seq.
2. Revise § 228.12(u)(1) to read as
follows:
§ 228.12 Definitions.
* * * * *
(u) Small bank—(1) Definition. Small
bank means a bank that, as of December
31 of either of the prior two calendar
years, had assets of less than $1.033
billion. Intermediate small bank means
a small bank with assets of at least $258
million as of December 31 of both of the
prior two calendar years and less than
$1.033 billion as of December 31 of
either of the prior two calendar years.
* * * * *
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