Endangered and Threatened Wildlife and Plants; 90-Day Findings for 4 Species
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Issuing agencies
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce 90- day findings on petitions to add four species to the Lists of Endangered and Threatened Wildlife and Plants under the Endangered Species Act of 1973, as amended (Act). Based on our review, we find that the petitions to list the common hippopotamus (Hippopotamus amphibius), Morro Bay polyphyllan scarab beetle (Polyphylla morroensis), Inyo rock daisy (Perityle inyoensis; synonym Laphamia inyoensis), and roughhead shiner (Notropis semperasper) present substantial scientific or commercial information indicating that the petitioned actions may be warranted. Therefore, with the publication of this document, we announce that we are initiating status reviews of these species to determine whether the petitioned actions are warranted. To ensure that the status reviews are comprehensive, we request scientific and commercial data and other information regarding the species and factors that may affect their status. Based on the status reviews, we will issue 12-month petition findings, which will address whether or not the petitioned actions are warranted, in accordance with the Act.
Full Text
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<title>Federal Register, Volume 88 Issue 54 (Tuesday, March 21, 2023)</title>
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[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Proposed Rules]
[Pages 16933-16937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05610]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FF09E21000 FXES1111090FEDR 234]
Endangered and Threatened Wildlife and Plants; 90-Day Findings
for 4 Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of petition findings and initiation of status
reviews.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 90-
day findings on petitions to add four species to the Lists of
Endangered and Threatened Wildlife and Plants under the Endangered
Species Act of 1973, as amended (Act). Based on our review, we find
that the petitions to list the common hippopotamus (Hippopotamus
amphibius), Morro Bay polyphyllan scarab beetle (Polyphylla
morroensis), Inyo rock daisy (Perityle inyoensis; synonym Laphamia
inyoensis), and roughhead shiner (Notropis semperasper) present
substantial scientific or commercial information indicating that the
petitioned actions may be warranted. Therefore, with the publication of
this document, we announce that we are initiating status reviews of
these species to determine whether the petitioned actions are
warranted. To ensure that the status reviews are comprehensive, we
request scientific and commercial data and other information regarding
the species and factors that may affect their status. Based on the
status reviews, we will issue 12-month petition findings, which will
address whether or not the petitioned actions are warranted, in
accordance with the Act.
DATES: These findings were made on March 21, 2023. As we commence our
status reviews, we seek any new information concerning the status of,
or threats to, the common hippopotamus, Morro Bay polyphyllan scarab
beetle, Inyo rock daisy, and roughhead shiner, or their habitats. Any
information we receive during the course of our status reviews will be
considered.
ADDRESSES:
Supporting documents: Summaries of the basis for the petition
findings contained in this document are available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> under the appropriate docket number (see table
under SUPPLEMENTARY INFORMATION). In addition, this supporting
information is available by contacting the appropriate person, as
specified in FOR FURTHER INFORMATION CONTACT.
Status reviews: If you have new scientific or commercial data or
other information concerning the status of, or threats to, the common
hippopotamus, Morro Bay polyphyllan scarab beetle, Inyo rock daisy, and
roughhead shiner, or their habitats, please provide those data or
information by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter the appropriate docket
number (see table under SUPPLEMENTARY INFORMATION). Then, click on the
``Search'' button. After finding the correct document, you may submit
information by clicking on ``Comment.'' If your information will fit in
the provided comment box, please use this feature of <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as it is most compatible with our information
review procedures. If you attach your information as a separate
document, our preferred file format is Microsoft Word. If you attach
multiple comments (such as form letters), our preferred format is a
spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: [Insert appropriate docket number; see table under
SUPPLEMENTARY INFORMATION], U.S. Fish and Wildlife Service, MS: PRB/3W,
5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send information only by the methods described
above. We will post all information we receive on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This generally means that we will post any
personal information you provide us (see Information Submitted for a
Status Review, below).
FOR FURTHER INFORMATION CONTACT:
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Species common name Contact person
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Common hippopotamus............... Bridget Fahey, Chief, Division of
Conservation and Classification,
703-358-2163,
<a href="/cdn-cgi/l/email-protection#e785958e83808293b881868f829ea7819094c9808891"><span class="__cf_email__" data-cfemail="d0b2a2b9b4b7b5a48fb6b1b8b5a990b6a7a3feb7bfa6">[email protected]</span></a>.
Morro Bay polyphyllan scarab Catherine Darst, Assistant Field
beetle. Supervisor, Ventura Fish and
Wildlife Office, 805-677-3318,
<a href="/cdn-cgi/l/email-protection#0b686a7f546f6a79787f4b6d7c78256c647d"><span class="__cf_email__" data-cfemail="f1929085ae9590838285b1978682df969e87">[email protected]</span></a>.
Inyo rock daisy................... Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office,
760-431-9440,
<a href="/cdn-cgi/l/email-protection#0c7f6f637878537f636e65696f644c6a7b7f226b637a"><span class="__cf_email__" data-cfemail="d1a2b2bea5a58ea2beb3b8b4b2b991b7a6a2ffb6bea7">[email protected]</span></a>.
Roughhead shiner.................. Matt Hinderliter, Regional Listing
Coordinator, Northeast Regional
Office, 413-253-8240,
<a href="/cdn-cgi/l/email-protection#711c1005051914062e19181f1514031d18051403311706025f161e07"><span class="__cf_email__" data-cfemail="3e535f4a4a565b49615657505a5b4c52574a5b4c7e58494d10595148">[email protected]</span></a>.
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[[Page 16934]]
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the United States.
SUPPLEMENTARY INFORMATION:
Information Submitted for a Status Review
You may submit your comments and materials concerning the status
of, or threats to the common hippopotamus, Morro Bay polyphyllan scarab
beetle, Inyo rock daisy, and roughhead shiner, or their habitats, by
one of the methods listed above in ADDRESSES. We request that you send
comments only by the methods described in ADDRESSES. Please include
sufficient information with your submission (such as scientific journal
articles or other publications) to allow us to verify any scientific or
commercial information you include.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing these findings, will be available
for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations in title 50 of the Code of Federal Regulations (50 CFR part
424) set forth the procedures for adding species to, removing species
from, or reclassifying species on the Federal Lists of Endangered and
Threatened Wildlife and Plants (Lists or List) in 50 CFR part 17.
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to add a species to the List (i.e., ``list'' a
species), remove a species from the List (i.e., ``delist'' a species),
or change a listed species' status from endangered to threatened or
from threatened to endangered (i.e., ``reclassify'' a species) presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. To the maximum extent practicable,
we are to make this finding within 90 days of our receipt of the
petition and publish the finding promptly in the Federal Register.
Our regulations establish that substantial scientific or commercial
information with regard to a 90-day petition finding refers to credible
scientific or commercial information in support of the petition's
claims such that a reasonable person conducting an impartial scientific
review would conclude that the action proposed in the petition may be
warranted (50 CFR 424.14(h)(1)(i)). A positive 90-day petition finding
does not indicate that the petitioned action is warranted; the finding
indicates only that the petitioned action may be warranted and that a
full review should occur.
A species may be determined to be an endangered species or a
threatened species because of one or more of the five factors described
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). The five factors
are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A);
(b) Overutilization for commercial, recreational, scientific, or
educational purposes (Factor B);
(c) Disease or predation (Factor C);
(d) The inadequacy of existing regulatory mechanisms (Factor D);
and
(e) Other natural or manmade factors affecting its continued
existence (Factor E).
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to, or are reasonably likely to, affect
individuals of a species negatively. The term ``threat'' includes
actions or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition, or the action or condition itself. However, the mere
identification of any threat(s) may not be sufficient to compel a
finding that the information in the petition is substantial information
indicating that the petitioned action may be warranted. The information
presented in the petition must include evidence sufficient to suggest
that these threats may be affecting the species to the point that the
species may meet the definition of an endangered species or threatened
species under the Act.
If we find that a petition presents such information, our
subsequent status review will evaluate all identified threats by
considering the individual-, population-, and species-level effects and
the expected response by the species. We will evaluate individual
threats and their expected effects on the species, then analyze the
cumulative effect of the threats on the species as a whole. We also
consider the cumulative effect of the threats in light of those actions
and conditions that are expected to have positive effects on the
species--such as any existing regulatory mechanisms or conservation
efforts that may ameliorate threats. It is only after conducting this
cumulative analysis of threats and the actions that may ameliorate
them, and the expected effect on the species now and in the foreseeable
future, that we can determine whether the species meets the definition
of an endangered species or threatened species under the Act.
If we find that a petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted, the Act requires that we promptly commence a review of the
status of the species, and we will subsequently complete a status
review in accordance with our prioritization methodology for 12-month
findings (81 FR 49248; July 27, 2016).
We note that designating critical habitat is not a petitionable
action under the Act. Petitions to designate critical habitat (for
species without existing critical habitat) are reviewed under the
Administrative Procedure Act and are not addressed in this finding (see
50 CFR 424.14(j)). To the maximum extent prudent and determinable, any
proposed critical habitat will be addressed concurrently with a
proposed rule to list a species, if applicable.
Summaries of Petition Findings
The petition findings contained in this document are listed in the
table below, and the basis for each finding, along with supporting
information, is available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> under the
appropriate docket number.
[[Page 16935]]
Table of Internet Search Information for Status Reviews for Four Species
Petitioned for Federal Listing
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URL to docket on
Common name Docket No. https://
www.regulations.gov
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Common hippopotamus........... FWS-HQ-ES-2022-01 https://
58. www.regulations.gov/
FWS-HQ-ES-2022-0158.
Morro Bay polyphyllan scarab FWS-R8-ES-2022-01 https://
beetle. 59. www.regulations.gov/
FWS-R8-ES-2022-0159.
Inyo rock daisy............... FWS-R8-ES-2022-01 https://
60. www.regulations.gov/
FWS-R8-ES-2022-0160.
Roughhead shiner.............. FWS-R5-ES-2022-01 https://
61. www.regulations.gov/
FWS-R5-ES-2022-0161.
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Evaluation of a Petition To List the Common Hippopotamus
Species and Range
The common hippopotamus (Hippopotamus amphibius). Historical range:
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon,
Central African Republic, Chad, Congo, Democratic Republic of the
Congo, C[ocirc]te d'Ivoire, Egypt, Equatorial Guinea, Eritrea,
Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia,
Malawi, Mali, Mauritania, Mozambique, Namibia, Niger, Nigeria, Rwanda,
Senegal, Sierra Leone, Somalia, South Africa, South Sudan, Sudan,
Eswatini (Swaziland), Tanzania, Togo, Uganda, Zambia, Zimbabwe. Current
range: Hippos are extant in the historical range states listed with the
exceptions of Algeria, Egypt, Liberia, and Mauritania where they are
regionally extirpated. It is unknown if they still occur in Sudan.
Petition History
On March 23, 2022, we received a petition from The Humane Society
of the United States, Humane Society International, Humane Society
Legislative Fund, and Center for Biological Diversity, requesting that
the common hippopotamus be listed as an endangered or a threatened
species under the Act. The petition clearly identified itself as such
and included the requisite identification information for the
petitioner, required at 50 CFR 424.14(c). This finding addresses the
petition.
Evaluation of Information
The petitioners provided credible information indicating potential
threats to common hippopotamus populations from habitat loss (Factor A)
due to land conversion for agricultural and human settlements, the
resulting demand for irrigation and water, climate change impacts, and
war. The petitioners provided information that indicates the threats
under Factor A are negatively impacting common hippopotamus populations
in much of the species' range, and this, in combination with the
species' ecology, makes the common hippopotamus particularly vulnerable
to habitat loss, which may be threatening the species. The petition
provides information on additional threats from legal international
trade, poaching, disease, predation, and traditional and medicinal use
of hippopotamus parts that we will investigate further during our full
status review.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the factors under section
4(a)(1) of the Act and assessed the effect that the threats identified
within the factors--as potentially ameliorated or exacerbated by any
existing regulatory mechanisms or conservation efforts--may have on the
species now and in the foreseeable future. Based on our review of the
petition and sources cited in the petition, we find that the petition
presents substantial scientific or commercial information indicating
that listing the common hippopotamus (Hippopotamus amphibius) under the
Act may be warranted due to potential threats associated with habitat
loss and degradation due to land conversion and urbanization, demand
for irrigation and water, climate change, and war (Factor A). The
petitioners also presented information suggesting overutilization from
legal international trade and poaching (Factor B), disease and
predation (Factor C), and traditional and medicinal use of hippopotamus
parts (Factor E) may be threats to the common hippopotamus and that
existing regulatory mechanisms, particularly as they pertain to trade
and poaching, may be inadequate to address the impacts of these threats
(Factor D). We will fully evaluate these potential threats during our
12-month status review, pursuant to the Act's requirement to review the
best scientific and commercial information available when making that
finding.
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-HQ-ES-2022-0158 under
the Supporting Documents section.
Evaluation of a Petition To List the Morro Bay Polyphyllan Scarab
Beetle
Species and Range
Morro Bay polyphyllan scarab beetle (Polyphylla morroensis); San
Luis Obispo County, California.
Petition History
On January 7, 2022, we received a petition from Michael Walgren, a
resident of San Luis Obispo County, California, requesting that the
Morro Bay polyphyllan scarab beetle be listed as a threatened species
under the Act. The petition clearly identified itself as such and
included the requisite identification information for the petitioner,
required at 50 CFR 424.14(c). This finding addresses the petition.
Evaluation of Information
The petitioner provided credible information indicating that urban
development is a threat to the Morro Bay polyphyllan scarab beetle, and
there is substantial information related to the effects of urban
development indicating that the petitioned action may be warranted
(Factor A). Further, the petition claims that future development as
currently proposed (Jodi McGraw Consulting 2019, entire; U.S. Fish and
Wildlife Service 2019, entire) would be a threat to the species, as
urban development and habitat loss would increase (Factor A). The
petition thus presents substantial information related to the current
and future effects of urban development (Factor A), indicating that the
petitioned action may be warranted.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the factors under section
4(a)(1) of the Act and assessed the effect that the threats identified
within the factors--as may be ameliorated or exacerbated by any
existing regulatory mechanisms or conservation efforts--may have on the
species now and in the foreseeable future. Based on our review of the
petition and readily available information regarding Factor A, we find
that the petition presents substantial scientific or commercial
information indicating that listing the Morro Bay
[[Page 16936]]
polyphyllan scarab beetle (Polyphylla morroensis) as a threatened or
endangered species may be warranted. The petitioner also presented
information suggesting lights and landscaping may be threats to the
Morro Bay polyphyllan scarab beetle (Walgren 2022b, pp. 5-7). The
Service will fully evaluate these and all other potential threats,
including the inadequacy of existing regulatory mechanisms (Factor D),
during our 12-month status review, pursuant to the Act's requirement to
review the best available scientific information when making that
finding.
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> under Docket No. FWS-R8-ES-2022-0159 under
the Supporting Documents section.
Evaluation of a Petition To List Inyo Rock Daisy
Species and Range
Inyo rock daisy (Perityle inyoensis; synonym Laphamia inyoensis).
Historical range: southern Inyo Mountains, Inyo County, California.
Current range: southern Inyo Mountains, Inyo County, California.
Petition History
On February 2, 2022, we received a petition with the same date from
Maria Jesus, the Center for Biological Diversity, and the California
Native Plant Society, requesting that Inyo rock daisy be listed as an
endangered or threatened species and that critical habitat be
designated for this species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(c). This
finding addresses the petition.
Evaluation of Information
We reviewed the petition, sources cited in the petition, and other
readily available information in our files. The petitioned entity is
Inyo rock daisy (Perityle inyoensis), which occurs in the southern Inyo
Mountains of Inyo County, California. This plant species is recognized
in the taxonomic literature. The petitioners request that we list Inyo
rock daisy as an endangered or threatened species.
We find that the petition provides substantial scientific or
commercial information indicating that the petitioned action may be
warranted due to potential threats from mining and development due to
habitat loss and damage, invasive plant species due to competition, and
climate change because of increased water stress and range shifts. We
will fully evaluate these potential threats during our 12-month status
review of the species.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the factors under section
4(a)(1) of the Act and assessed the effect that the threats identified
within the factors--as may be ameliorated or exacerbated by any
existing regulatory mechanisms or conservation efforts--may have on the
species now and in the foreseeable future. Based on our review of the
petition and readily available information regarding mining (Factor A),
development (Factor A), invasive plant species (Factor E), and climate
change (Factor E), we find that the petition presents substantial
scientific or commercial information indicating that the petitioned
action to list the Inyo rock daisy (Perityle inyoensis) as an
endangered or threatened species may be warranted. The petitioners also
presented information suggesting that genetic swamping and expected
self-incompatibility, as the number of individuals decrease limiting
reproduction, may be threats to Inyo rock daisy. We will fully evaluate
these potential threats during our 12-month status review, pursuant to
the Act's requirement to review the best available scientific
information when making that finding.
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2022-0160 under
the Supporting Documents section.
Evaluation of a Petition To List the Roughhead Shiner
Species and Range
The roughhead shiner (Notropis semperasper) is a small, olive-
colored minnow named for the distinctive bumps on its head, that
historically and currently lives in the James River watershed in
Virginia.
Petition History
On March 25, 2022, we received a petition from the Center for
Biological Diversity, requesting that the roughhead shiner be listed as
an endangered or threatened species and critical habitat be designated
for this species under the Act. The petition clearly identified itself
as such and included the requisite identification information for the
petitioner, required at 50 CFR 424.14(c). This finding addresses the
petition.
Evaluation of Information
After thorough examination of the petition, we find that the
petitioner provided credible information indicating past and current
threats to individuals of the species due to other natural or humanmade
factors. Under Factor A, the petition presents citations demonstrating
that habitat modification from urbanization and forest management
activities may degrade water quality to the point where it negatively
impacts the species. Under Factor E, the petition presents citations
demonstrating that the introduced nonnative telescope shiner (Notropis
telescopus) may outcompete the roughhead shiner and cause extirpations
of the roughhead shiner at those sites.
Finding
We reviewed the petition, sources cited in the petition, and other
readily available information. We considered the credible information
that the petition provided regarding effects of the threats that fall
within the factors under the Act's section 4(a)(1) as potentially
ameliorated or exacerbated by any existing regulatory mechanisms or
conservation efforts. Based on our review of the petition and readily
available information regarding habitat modification from siltation
and/or contamination (Factor A), and competition from the introduced
telescope shiner (Factor E), we find that the petition presents
substantial scientific or commercial information indicating that
listing the roughhead shiner (Notropis semperasper) as an endangered or
threatened species may be warranted. We will fully evaluate this
potential threat during our 12-month status review, pursuant to the
Act's requirement to review the best available scientific and
commercial information when making that finding.
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R5-ES-2022-0161 under
the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petitions under section 4(b)(3)(A) of the Act, we have determined that
the petitions summarized above for the common hippopotamus, Morro Bay
polyphyllan scarab beetle, Inyo rock daisy, and roughhead shiner
present substantial scientific or commercial information
[[Page 16937]]
indicating that the petitioned actions may be warranted. We are,
therefore, initiating status reviews of these species to determine
whether the actions are warranted under the Act. At the conclusion of
the status reviews, we will issue findings, in accordance with section
4(b)(3)(B) of the Act, as to whether the petitioned actions are not
warranted, warranted, or warranted but precluded by pending proposals
to determine whether any species is an endangered species or a
threatened species.
Authors
The primary authors of this document are staff members of the
Ecological Services Program, U.S. Fish and Wildlife Service.
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Signed:
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-05610 Filed 3-20-23; 8:45 am]
BILLING CODE 4333-15-P
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