54952 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices 

U.S.C. 1801 et seq. The FMP governs the 

groundfish fishery off Washington, 

Oregon, and California (WOC). 

This comprehensive Federal Fisheries 

data collection program includes 

recordkeeping and reporting 

requirements for fish processing vessels 

over 125 feet in length (at sea 

processors, which includes catcher/ 

processors and motherships) and 

catcher vessels that deliver to 

motherships operating in the waters off 

WOC. This information is used by the 

observers at-sea to obtain fishing effort 

information and would also be used to 

estimate catch if observer data were not 

available (i.e., illness or injury of the 

observer) or to verify observer data. 

Affected Public: Business or other forprofit organizations. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, 

Departmental Paperwork Clearance 

Officer, (202) 482–0266, Department of 

Commerce, Room 7845, 14th and 

Constitution Avenue, NW., Washington, 

DC 20230 (or via the Internet at 

dHynek@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to David Rostker, OMB Desk 

Officer, FAX number (202) 395–7285, or 

David_Rostker@omb.eop.gov. 

Dated: October 20, 2009. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E9–25593 Filed 10–23–09; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Patent Cooperation Treaty 

ACTION: Proposed Collection; Comment 

Request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on the continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995, Public Law 104– 

13 (44 U.S.C. 3506(c)(2)(A)). 

DATES: Written comments must be 

submitted on or before December 28, 

2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include A0651–0021 comment@ in the 

subject line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan K. Fawcett. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Rafael Bacares, 

Office of PCT Legal Administration, 

United States Patent and Trademark 

Office, P.O. Box 1450, Alexandria, VA 

22313–1450; by telephone at 571–272– 

3276; or by e-mail to 

Rafael.Bacares@uspto.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This collection of information is 

required by the provisions of the Patent 

Cooperation Treaty (PCT), which 

became operational in June 1978 and is 

administered by the International 

Bureau (IB) of the World Intellectual 

Property Organization (WIPO) in 

Geneva, Switzerland. The provisions of 

the PCT have been implemented by the 

United States in Part IV of Title 35 of 

the U.S. Code and Subpart C of Title 37 

of the Code of Federal Regulations. The 

purpose of the PCT is to provide a 

standardized filing format and 

procedure that allows an applicant to 

seek protection for an invention in 

several countries by filing one 

international application in one 

location, in one language, and paying 

one initial set of fees. 

The information in this collection is 

used by the public to submit a patent 

application under the PCT and by the 

United States Patent and Trademark 

Office (USPTO) to fulfill its obligation to 

process, search, and examine the 

application as directed by the treaty. 

The USPTO acts as the United States 

Receiving Office (RO/US) for 

international applications filed by 

residents and nationals of the United 

States. These applicants send most of 

their correspondence directly to the 

USPTO, but they may also file certain 

documents directly with the IB. The 

USPTO also serves as an International 

Searching Authority (ISA) and an 

International Preliminary Examining 

Authority (IPEA). 

The USPTO is updating this 

information collection to reflect the 

current practice and fee structure for 

PCT applications entering the national 

stage at the USPTO. A form is being 

added to this collection for the 

previously approved information 

requirement for the withdrawal of an 

international application. This form 

(PCT/IB/372) is developed and 

maintained by the WIPO. 

II. Method of Collection 

By mail, hand delivery, or 

electronically to the USPTO. Electronic 

submissions are made through EFS– 

Web, the USPTO’s online filing system 

for patent applications and related 

documents. 

III. Data 

OMB Number: 0651–0021. 

Form Number(s): PCT/RO/101, PCT/ 

RO/134, PCT/IB/372, PCT/IPEA/401, 

PTO–1382, PTO–1390, PTO/SB/61/PCT, 

PTO/SB/64/PCT. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Individuals or 

households; businesses or other forprofits; and not-for-profit institutions. 

Estimated Number of Respondents: 

363,809 responses per year. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public from 15 minutes (0.25 hours) to 

8 hours to gather the necessary 

information, prepare the appropriate 

form or documents, and submit the 

information to the USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 341,840 hours per year. 

Estimated Total Annual Respondent 

Cost Burden: $105,970,400 per year. The 

USPTO expects that the information in 

this collection will be prepared by 

attorneys. Using the professional rate of 

$310 per hour for attorneys in private 

firms, the USPTO estimates that the 

respondent cost burden for submitting 

the information in this collection will be 

$105,970,400 per year. 

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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices 54953 

Item 

Estimated time 

for 

response 

Estimated 

annual 

responses 

Estimated 

annual 

burden 

hours 

Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101) ........................................... 1 hour ............. 53,527 53,527 

Description/claims/drawings/abstracts ................................................................................................ 3 hours ........... 53,527 160,581 

Application Data Sheet ....................................................................................................................... 23 minutes ..... 39,592 15,045 

Transmittal Letter to the United States Receiving Office (RO/US) (PTO–1382) ............................... 15 minutes ..... 48,174 12,044 

Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) Concerning a Submission Under 35 U.S.C. 371 (PTO–1390).15 minutes ..... 58,794 14,699 

PCT/Model of Power of Attorney ........................................................................................................ 15 minutes ..... 5,353 1,338 

PCT/Model of General Power of Attorney .......................................................................................... 15 minutes ..... 536 134 

Extensions of time .............................................................................................................................. 15 minutes ..... 21,000 5,250 

Priority documents .............................................................................................................................. 15 minutes ..... 20 5 

Indications Relating to a Deposited Microorganism (PCT/RO/134) ................................................... 15 minutes ..... 20 5 

Response to invitation to correct defects ........................................................................................... 2 hours ........... 18,524 37,048 

Request for rectification of obvious errors .......................................................................................... 30 minutes ..... 589 295 

Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/401) ........................................ 1 hour ............. 3,365 3,365 

Amendments ....................................................................................................................................... 1 hour ............. 3,365 3,365 

Fee Authorization ................................................................................................................................ 15 minutes ..... 48,174 12,044 

Requests to transmit copies of international application .................................................................... 15 minutes ..... 501 125 

Withdrawal of international application (PCT/IB/372) ......................................................................... 15 minutes ..... 1,306 327 

Translations ......................................................................................................................................... 2 hours ........... 1,655 3,310 

Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT).8 hours ........... 55 440 

Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT).1 hour ............. 1,027 1,027 

Petitions to the Commissioner for international applications .............................................................. 4 hours ........... 581 2,324 

Petitions to the Commissioner in national stage examination ............................................................ 4 hours ........... 3,287 13,148 

Acceptance of an unintentionally delayed claim for priority ............................................................... 2 hours ........... 117 234 

Request for the restoration of the right of priority (37 CFR 1.78) ...................................................... 3 hours ........... 720 2,160 

Totals ........................................................................................................................................... ........................ 363,809 341,840 

Estimated Total Annual Non-hour 

Respondent Cost Burden: $282,024,234 

per year. There are no capital start-up or 

maintenance costs associated with this 

information collection. However, this 

collection does have annual (non-hour) 

costs in the form of translations, 

drawings, fees, recordkeeping costs, and 

postage costs. 

Under the terms of the PCT, the 

USPTO may require documents 

submitted for a PCT application to be 

translated into English when necessary. 

This requirement may carry additional 

costs for the applicant to contract for a 

translation of the documents in 

question. The USPTO believes that the 

average length of the documents to be 

translated will be 10 pages and that it 

will cost $150 per page for the 

translation, for an average translation 

cost of $1,500 per document. The 

USPTO estimates that it receives 

approximately 1,655 English 

translations annually, for a total cost of 

$2,482,500 per year for English 

translations of non-English language 

documents for PCT applications. 

Applicants may also incur costs for 

drawings that are submitted as part of 

PCT applications. Some applicants may 

produce their own drawings, while 

others may contract out the work to 

various patent illustration firms. For the 

purpose of estimating burden for this 

collection, the USPTO will consider all 

applicants to have their drawings 

prepared by these firms. The USPTO 

estimates that drawings may cost an 

average of $58 per sheet to produce and 

that on average 11 sheets of drawings 

are submitted per application, for an 

average total cost of $638 to produce a 

set of drawings for an application. The 

USPTO expects that approximately 91% 

of the estimated 53,527 applications per 

year will have drawings filed with them, 

for a total of 48,710 sets of drawings at 

a total cost of $31,076,980 per year. 

The estimated filing fees for this 

collection are calculated in the 

accompanying table. The fees listed for 

Requests and Demands represent an 

estimate of the average fees for filing the 

appropriate items associated with those 

requirements for an international 

application. The basic national fee 

under 37 CFR 1.492(a) for an 

international application entering the 

national stage is fixed at $330 ($165 for 

small entities). The search and 

examination fees under 37 CFR 

1.492(b)–(c) vary depending on the 

outcome of the written opinion 

prepared by the ISA/US, the 

international preliminary examination 

report prepared by the IPEA/US, and 

other related factors as noted in the 

accompanying table. The basic national 

fee, search fee, examination fee, and the 

fees for petitions to revive unavoidably 

or unintentionally abandoned 

international applications are 

discounted for small entities. 

Item 

Estimated 

annual 

responses 

Fee amount 

Estimated 

annual 

filing costs 

Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101) .............................. 53,527 $3,504.00 $187,558,608.00 

Description/claims/drawings/abstracts ................................................................................... 53,527 0.00 0.00 

Application Data Sheet .......................................................................................................... 39,592 0.00 0.00 

Transmittal Letter to the United States Receiving Office (RO/US) (PTO–1382) .................. 48,174 0.00 0.00 

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54954 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices 

Item 

Estimated 

annual 

responses 

Fee amount 

Estimated 

annual 

filing costs 

Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) (PTO– 

1390)—U.S. was the ISA or IPEA and all claims satisfy PCT Article 33(1)–(4); includes 

$330 basic fee, $0 search fee, and $0 examination fee ................................................... 808 330.00 266,640.00 

Transmittal Letter to the DO/EO/US (PTO–1390)—U.S. was the ISA or IPEA and all 

claims satisfy PCT Article 33(1)–(4); includes $165 basic fee, $0 search fee, and $0 

examination fee for small entity ......................................................................................... 202 165.00 33,330.00 

Transmittal Letter to the DO/EO/US (PTO–1390)—U.S. was the ISA; includes $330 basic 

fee, $100 search fee, and $220 examination fee .............................................................. 1,935 650.00 1,257,750.00 

Transmittal Letter to the DO/EO/US (PTO–1390)—U.S. was the ISA; includes $165 basic 

fee, $50 search fee, and $110 examination fee for small entity ....................................... 2,604 325.00 846,300.00 

Transmittal Letter to the DO/EO/US (PTO–1390)—International search report prepared 

by other than the U.S. and provided to the USPTO or previously communicated to the 

U.S. by the IB; includes $330 basic fee, $430 search fee, and $220 examination fee .... 40,994 980.00 40,174,120.00 

Transmittal Letter to the DO/EO/US (PTO–1390)—International search report prepared 

by other than the U.S. and provided to the USPTO or previously communicated to the 

U.S. by the IB; includes $165 basic fee, $215 search fee, and $110 examination fee for 

small entity ......................................................................................................................... 9,667 490.00 4,736,830.00 

Transmittal Letter to the DO/EO/US (PTO–1390)—All other situations; includes $330 

basic fee, $540 search fee, and $220 examination fee .................................................... 1,669 1,090.00 1,819,210.00 

Transmittal Letter to the DO/EO/US (PTO–1390)—All other situations; includes $165 

basic fee, $270 search fee, and $110 examination fee for small entity ........................... 915 545.00 498,675.00 

PCT/Model of Power of Attorney ........................................................................................... 5,353 0.00 0.00 

PCT/Model of General Power of Attorney ............................................................................. 536 0.00 0.00 

Extensions of time ................................................................................................................. 21,000 0.00 0.00 

Priority documents ................................................................................................................. 20 0.00 0.00 

Indications Relating to a Deposited Microorganism (PCT/RO/134) ...................................... 20 0.00 0.00 

Response to invitation to correct defects .............................................................................. 18,524 0.00 0.00 

Request for rectification of obvious errors ............................................................................ 589 0.00 0.00 

Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/401) ........................... 3,365 771.00 2,594,415.00 

Amendments .......................................................................................................................... 3,365 0.00 0.00 

Fee Authorization ................................................................................................................... 48,174 0.00 0.00 

Requests to transmit copies of international application ....................................................... 501 0.00 0.00 

Withdrawal of international application (PCT/IB/372) ............................................................ 1,306 0.00 0.00

Translations ........................................................................................................................... 1,655 0.00 0.00 

Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT) ....................................... 25 540.00 13,500.00 

Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT)—small entity ................. 30 270.00 8,100.00 

Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT) ................................... 565 1,620.00 915,300.00 

Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT)—small entity ............. 462 810.00 374,220.00 

Petitions to the Commissioner for international applications ................................................ 581 130.00 75,530.00 

Petitions to the Commissioner in national stage examination .............................................. 3,287 200.00 657,400.00 

Acceptance of an unintentionally delayed claim for priority .................................................. 117 1,410.00 164,970.00 

Request for the restoration of the right of priority (37 CFR 1.78) ......................................... 720 1,410.00 1,015,200.00 

Totals .............................................................................................................................. 363,809 ........................ 243,010,098.00 

In addition to the filing fees listed in 

the table, applicants may also incur fees 

for late filings, multiple dependent 

claims, and lengthy applications. The 

fee for the late filing of search or 

examination fees under 37 CFR 1.492(h) 

is $130 for large entities and $65 for 

small entities. The USPTO estimates 

that it will receive approximately 20,053 

of these late payment fees for large 

entities and 7,632 for small entities per 

year, for a total of $3,102,970. The fee 

for the late filing of an English 

translation of an international 

application under 37 CFR 1.492(i) is 

$130. The USPTO estimates that it will 

receive approximately 116 of these late 

translation fees per year, for a total of 

$15,080. The fee for applications 

containing a multiple dependent claim 

is $390 for large entities and $195 for 

small entities. The USPTO estimates 

that it will receive approximately 3,530 

of these multiple dependent claim fees 

for large entities and 1,158 for small 

entities per year, for a total of 

$1,602,510. Applications with 

specifications and drawings that exceed 

100 pages may be subject to an 

application size fee of $270 ($135 for 

small entities) for each additional 50 

pages or fraction thereof. The USPTO 

estimates that it will receive 

approximately 2,205 of the $270 size 

fees from large entities and 

approximately 621 of the $135 size fees 

from small entities per year, for a total 

of $679,185. The total estimated fees for 

this collection, including filing fees and 

other additional fees, will be 

approximately $248,409,843 per year. 

There are recordkeeping costs 

associated with filing PCT submissions 

online using EFS-Web. The USPTO 

recommends that customers print and 

retain a copy of the acknowledgment 

receipt after a successful online 

submission. The USPTO estimates that 

it will take five seconds (0.001 hours) to 

print a copy of the acknowledgment 

receipt and that approximately 309,238 

PCT-related items per year will be 

submitted via EFS-Web, for a total of 

approximately 309 hours per year for 

printing this receipt. The USPTO 

expects that these receipts will be 

printed by paraprofessionals at an 

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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices 54955 

estimated rate of $100 per hour, for an 

estimated recordkeeping cost of $30,900 

per year. 

Customers may incur postage costs 

when submitting the information in this 

collection to the USPTO by mail. The 

USPTO estimates that the average firstclass postage cost for a mailed 

submission will be 44 cents and that up 

to 54,571 submissions will be mailed to 

the USPTO per year. The total estimated 

postage cost for this collection is 

$24,011 per year. 

The total annual (non-hour) 

respondent cost burden for this 

collection associated with translations, 

drawings, fees, recordkeeping, and 

postage is estimated to be $282,024,234 

per year. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, e.g., the use of 

automated collection techniques or 

other forms of information technology. 

Comments submitted in response to 

this notice will be summarized or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: October 20, 2009. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. E9–25652 Filed 10–23–09; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Customer Input: United States Patent 

and Trademark Office Customer 

Surveys 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on this extension of a 

continuing information collection, as 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13 (44 

U.S.C. 3506(c)(2)(A)). 

DATES: Written comments must be 

submitted on or before December 28, 

2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include ‘‘0651–0038 Customer Input: 

United States Patent and Trademark 

Office Customer Surveys comment’’ in 

the subject line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan K. Fawcett. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, Information Management 

Services, Data Management Division, 

U.S. Patent and Trademark Office, P.O. 

Box 1450, Alexandria, VA 22313–1450. 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to the attention of 

Martin Rater, Management Analyst, 

Office of Patent Quality Assurance, 

United States Patent and Trademark 

Office, P.O. Box 1450, Alexandria, VA 

22313–1450; by telephone at 571–272– 

5966; or by e-mail at 

martin.rater@uspto.gov with 

‘‘Paperwork’’ in the subject line. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This is a generic clearance for an 

undefined number of voluntary surveys 

that the United States Patent and 

Trademark Office (USPTO) may conduct 

over the next three years. The USPTO 

uses telephone surveys, questionnaires, 

and customer surveys to collect 

feedback from their customers. 

With the exception of the telephone 

surveys, the surveys are mailed to the 

USPTO’s customers. The USPTO 

provides the option for customers to 

respond to the questionnaires and 

surveys electronically. Although the 

USPTO is moving to an electronic 

environment and would prefer to 

administer the questionnaires and 

customer surveys wholly via the Web to 

coincide with other e-government 

initiatives, the USPTO’s customers have 

requested that the surveys be made 

available in paper format as well since 

many of them only find the time to 

complete the surveys during their 

commutes, on planes, etc., where they 

do not have Internet access. 

Consequently, the surveys are primarily 

answered in the paper format. 

Customers either access the survey in 

question through the USPTO’s Web site 

or through the Web sites of the USPTO’s 

survey contractors. Instructions for 

using the online surveys are provided in 

the cover letter that accompanies the 

survey. The cover letter also contains 

the username and password required to 

enter the survey site and the access code 

to activate the survey. The electronic 

version of the survey mirrors the paper 

version. 

The surveys in this collection are 

designed to obtain customer feedback 

regarding products, services, and related 

service standards of the USPTO. At this 

time, the USPTO is unable to state 

precisely which survey vehicles will be 

used during the renewal period. As the 

USPTO’s survey needs are determined, 

the USPTO will submit the specific 

survey instrument for approval. 

II. Method of Collection 

These surveys will either be 

conducted by telephone, mailed to the 

USPTO in a pre-addressed, self-stamped 

envelope, or completed electronically. A 

random sample is used to collect the 

data. Statistical methods will be 

followed. 

III. Data 

OMB Number: 0651–0038. 

Form Number(s): N/A. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other for 

profits. 

Estimated Number of Respondents: 

1,900 responses per year. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public approximately 15 minutes (0.25 

hours) to complete the telephone 

surveys and 5 minutes (.08 hours) to 

complete the questionnaires and 

customer surveys, whether they are 

mailed to the USPTO or submitted 

electronically. This includes the time to 

gather the necessary information, 

complete the surveys, and submit them 

to the USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 220 hours. 

Estimated Total Annual Respondent 

Cost Burden: $57,420. The USPTO 

believes that both professionals and 

paraprofessionals will complete these 

surveys, at a rate of 76% of the current 

professional rate of $310 ($236) per hour 

and 25% of the paraprofessional rate of 

$100 ($25) per hour. Using a 

combination of these rates, the USPTO 

is using an hourly rate of $261 to 

calculate the respondent costs. The 

USPTO estimates that the respondent 

cost burden for this collection will be 

$57,420 per year. 

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