Notice2025-06227
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 14, 2025
Effective
April 14, 2025
Issuing agencies
Commerce Department
Abstract
The Department of Commerce (Department or Commerce) is issuing this notice of its intent to establish a new system of records entitled "COMMERCE/DEPT-30, Public Affairs Records." The purpose of soliciting this information is to enable the Department's Office of Public Affairs and the Department's operating units to establish and maintain contact with the media, members of civil society organizations, and the public, as well as circulate information to specific individuals or groups based on self-identified regional and policy interests. This system significantly expands the Department's ability to collect current data, historical data, interviews, and commentary, as well as digitize existing libraries of this data in a searchable format. The Department uses public affairs records (PA Records) for various purposes, including research, historical commentary, storm and disaster archives, and public affairs records documenting matters of significant public interest. The Department is committed to ensuring that any technology, including digitization of archival records, used to collect, use, retain, or disseminate information about individuals complies with the Constitution, Federal law, regulations, and policies.
Full Text
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<title>Federal Register, Volume 90 Issue 70 (Monday, April 14, 2025)</title>
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[Federal Register Volume 90, Number 70 (Monday, April 14, 2025)]
[Notices]
[Pages 15537-15541]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06227]
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DEPARTMENT OF COMMERCE
[Docket No. DOC-2025-0002]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Department of Commerce.
ACTION: Notice of a new system of records.
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SUMMARY: The Department of Commerce (Department or Commerce) is issuing
this notice of its intent to establish a new system of records entitled
``COMMERCE/DEPT-30, Public Affairs Records.'' The purpose of soliciting
this information is to enable the Department's Office of Public Affairs
and the Department's operating units to establish and maintain contact
with the media, members of civil society organizations, and the public,
as well as circulate information to specific individuals or groups
based on self-identified regional and policy interests. This system
significantly expands the Department's ability to collect current data,
historical data, interviews, and commentary, as well as digitize
existing libraries of this data in a searchable format. The Department
uses public affairs records (PA Records) for various purposes,
including research, historical commentary, storm and disaster
[[Page 15538]]
archives, and public affairs records documenting matters of significant
public interest. The Department is committed to ensuring that any
technology, including digitization of archival records, used to
collect, use, retain, or disseminate information about individuals
complies with the Constitution, Federal law, regulations, and policies.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice
will go into effect without further notice on April 14, 2025. All
routine uses will go into effect on May 14, 2025, unless otherwise
revised pursuant to comments received. The Department will publish any
significant changes to the system of records or routine uses resulting
from public comment.
ADDRESSES: You may submit comments, identified as pertaining to
``COMMERCE/DEPT-30, Public Affairs Records'' via the Federal Rulemaking
Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. All submissions received must
include the agency name and docket number for this Federal Register
document. The general policy for comments and other submissions from
members of the public is to make these submissions available for public
viewing on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> as they are
received without change, including any personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: Dr. Brian E. Anderson, Privacy Act
Officer, Office of Privacy and Open Government, <a href="/cdn-cgi/l/email-protection#f585879c8394968c949681b5919a96db929a83"><span class="__cf_email__" data-cfemail="5525273c2334362c34362115313a367b323a23">[email protected]</span></a> or
call: 202-482-8294.
SUPPLEMENTARY INFORMATION: The Department is creating a new system of
records for PA Records, entitled ``COMMERCE/DEPT-30, Public Affairs
Records,'' as part of its commitment to ensuring that collection, use,
retention, or dissemination of information about individuals with any
technology, including digitized archival records, complies with the
Constitution, Federal law, regulations, and policies. The public
affairs function involves exchanging information and communications
between the Federal government and the public. This function consists
of two main activities: Creating or distributing of official government
information such as publications, speeches, agency histories, and
educational materials. The Office of Public Affairs oversees the
external affairs and communications functions, comprising Congressional
Relations; Banking Relations; Press Relations; Internal Communications;
External Outreach and Minority Affairs. Consistent with Office of
Management and Budget Circular A-130, Managing Information as a
Strategic Resource, this newly established system of records will be
included in Commerce's inventory of records systems. In accordance with
5 U.S.C. 552a(r), Commerce has provided a report of this system of
records to Congress and to the Office of Management and Budget.
SYSTEM NAME AND NUMBER:
Public Affairs Records, COMMERCE/DEPT-30.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained by Department of Commerce, Office of Public
Affairs, 1401 Constitution Ave. NW, Washington, DC 20230. The locations
at which the system is maintained by Commerce bureaus and operating
units are:
1. Bureau of Economic Analysis (BEA), 4600 Silver Hill Road,
Washington, DC.
2. Bureau of Industry and Security (BIS), 14th and Constitution
Avenue NW, Room 3876, Washington, DC 20230.
3. U.S. Census Bureau (CENSUS), 4600 Silver Hill Rd., Hillcrest
Heights, MD 20746.
4. Economic Development Agency (EDA), 1401 Constitution Ave. NW,
Suite 71014, Washington, DC 20230.
5. Office of the Under Secretary for Economic Affairs (OUS/EA),
1401 Constitution Ave. NW, Washington, DC 20230.
6. International Trade Administration (ITA), 1401 Constitution Ave.
NW, Mail Stop 3421, Washington, DC 20230.
7. Minority Business Development Agency (MBDA), 1401 Constitution
Ave. NW, Washington, DC 20230.
8. National Institute of Standards and Technology (NIST), 100
Bureau Drive, Gaithersburg, MD 20899.
9. National Oceanic and Atmospheric Administration (NOAA),
10. National Telecommunications and Information Administration
(NTIA), 1401 Constitution Avenue NW, Room 4897, Washington, DC 20230.
11. U.S. Patent and Trademark Office (USPTO), 600 Dulany St.,
Alexandria, VA 22314.
12. Office of the Secretary (OS), 1401 Constitution Ave. NW,
Washington, DC 20230.
SYSTEM MANAGER(S):
Commerce, Office of Public Affairs, Meghan Burris, Director of
Public Affairs, <a href="/cdn-cgi/l/email-protection#532326313f3a30323535323a212013373c307d343c25"><span class="__cf_email__" data-cfemail="4e3e3b2c22272d2f28282f273c3d0e2a212d60292138">[email protected]</span></a>, 1401 Constitution Ave. NW,
Washington, DC 20230. The system managers for the Department bureaus
and operating units' points of contact are:
1. BEA, Public Affairs Officer, Jeannine Aversa, 202-606-2649,
<a href="/cdn-cgi/l/email-protection#b6fcd3d7d8d8dfd8d398d7c0d3c4c5d7f6d4d3d798d1d9c0"><span class="__cf_email__" data-cfemail="155f70747b7b7c7b703b746370676674557770743b727a63">[email protected]</span></a>.
2. BIS, Office of Congressional and Public Affairs Office,
<a href="/cdn-cgi/l/email-protection#85eae6f5e4c5e7ecf6abe1eae6abe2eaf3"><span class="__cf_email__" data-cfemail="640b07140524060d174a000b074a030b12">[email protected]</span></a>.
3. CENSUS, Office of Public Affairs, or Public Information Office
(PIO), 301-763-3030, <a href="/cdn-cgi/l/email-protection#adddc4c2edcec8c3ded8de83cac2db"><span class="__cf_email__" data-cfemail="17677e785774727964626439707861">[email protected]</span></a>.
4. EDA, Office of Public Affairs, <a href="/cdn-cgi/l/email-protection#5b2b2e393732383a3d3d3a3229281b3f3438753c342d"><span class="__cf_email__" data-cfemail="afdfdacdc3c6cccec9c9cec6dddcefcbc0cc81c8c0d9">[email protected]</span></a>, 202-482-
4085, <a href="http://www.eda.gov">www.eda.gov</a>.
5. OUS/EA, Office of Public Affairs, <a href="/cdn-cgi/l/email-protection#413134232d28222027272028333201252e226f262e37"><span class="__cf_email__" data-cfemail="44343126282d27252222252d363704202b276a232b32">[email protected]</span></a>, 202-
482-4085.
6. ITA, Office of Public Affairs, 202-482-3809,
<a href="/cdn-cgi/l/email-protection#6c1c190e00050f0d0a0a0d051e1f2c181e0d0809420b031a"><span class="__cf_email__" data-cfemail="473732252b2e24262121262e353407333526232269202831">[email protected]</span></a>.
7. MBDA, Public Affairs Officer, Antavia Grimsley, 202-482-6272,
<a href="/cdn-cgi/l/email-protection#aae7e8eeebfadfc8c6c3c9ebcccccbc3d8d9eac7c8cecb84cdc5dc"><span class="__cf_email__" data-cfemail="521f1016130227303e3b31133434333b2021123f3036337c353d24">[email protected]</span></a>.
8. NIST, Public Affairs Office, Jennifer Huergo, 301-975-6343,
<a href="/cdn-cgi/l/email-protection#82c8e7ececebe4e7f0aceaf7e7f0e5edc2ecebf1f6ace5edf4"><span class="__cf_email__" data-cfemail="c68ca3a8a8afa0a3b4e8aeb3a3b4a1a986a8afb5b2e8a1a9b0">[email protected]</span></a>.
9. NOAA, Public Affairs Specialist, Jasmine Blackwell, 202-482-
6090, <a href="/cdn-cgi/l/email-protection#e68c87958b8f8883c8848a87858d91838a8aa688898787c8818990"><span class="__cf_email__" data-cfemail="6e040f1d0307000b400c020f0d05190b02022e00010f0f40090118">[email protected]</span></a>.
10. NTIA, Office of Public Affairs (OPA), Stephen Yusko, Director
(Acting), 202-482-7002, <a href="/cdn-cgi/l/email-protection#b9c9cbdccacaf9d7cdd0d897ded6cf"><span class="__cf_email__" data-cfemail="c0b0b2a5b3b380aeb4a9a1eea7afb6">[email protected]</span></a>.
11. USPTO, Office of the Chief Communications Officer. Mandy Kraft,
Deputy Press Secretary, 571-272-8400, <a href="/cdn-cgi/l/email-protection#4e3e3c2b3d3d0e3b3d3e3a2160292138"><span class="__cf_email__" data-cfemail="36464453454576434546425918515940">[email protected]</span></a>.
12. OS, Office of Public Affairs, Meghan Burris, Director of Public
Affairs, <a href="/cdn-cgi/l/email-protection#8bfbfee9e7e2e8eaededeae2f9f8cbefe4e8a5ece4fd"><span class="__cf_email__" data-cfemail="3d4d485f51545e5c5b5b5c544f4e7d59525e135a524b">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301 (Departmental Regulations); 44 U.S.C. 2912
(Preservation of Electronic Messages and Other Records).
PURPOSE(S) OF THE SYSTEM:
The Department of Commerce may use Public Affairs Records for
various purposes, including archival references, Central Library
documentation, historical research, agency operations, storm and
disaster documentation, and documentation of commentary, interviews,
and references of matters of significant public interest. By nature,
matters that arise to the level of public affairs documentation and
essential interactions between the Federal and the public and the
information that the Department presents to the public about government
activities for the preservation, reference, and retrieval.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
a. Current and former employees of the Department and other people
whose association with the Department relates to the use of PA records.
The names of
[[Page 15539]]
individuals and the files in their names may be: (1) received pursuant
to employment; or (2) submitted by the employee for access or use to
files within the system in the conduct of assigned duties involving
matters of public interest;
b. Agency, partners, individuals, including members of the public,
who are identified while assisting the agency or commenting on matters
of public interest, dignitaries, or experts in a field, those close to
disaster relief efforts, storm tracking, and law enforcement
activities. Members of the public could also include fishing vessel
owners and occupants (made a comment or had a picture etc.);
c. Media representatives who request interviews with the Office of
the Secretary and/or Department principals;
d. individuals who request information from a press officer
concerning an issue(s) or information about the Department and its
policies;
e. individuals who are on the mailing list for the Secretary's
speeches;
f. individuals who invite the Secretary or Department principals to
accept a speaking engagement or attend a function;
g. representatives of nongovernmental organizations throughout the
United States;
h. state and local government officials; and
i. Department employees who have asked the Office of Public Affairs
or the public affairs team within their respective operating unit to
place articles about their achievements in their hometown newspapers.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system is a comprehensive repository, contains contact
information for individuals who are involved in the operations of the
Office Public Affairs and the offices of public affairs operating
within the Department's operating units; travel records, assignments,
biographies, speaking engagements, interviews and communications of the
Secretary and Department principals and members of the media; records
relating to requests for access to Department facilities by members of
the press; press releases; names of local media organizations;
information on Department employees who asked the Department to publish
information/articles about them; and invitations sent to the Secretary
and Department principals to include the name/organization of the
requester, internal control number, assigned action office and status.
On-camera video and audio interviews and commentary, with names of
participants, audio recordings from news conferences, image, audio and
video legal releases, public affairs photography with caption
information, historical journals, capstone emails, notes, transcripts,
audio and video logs, graphic images, documentaries, podcasts, and
dialogue regarding matters of public interest or scientific
significance, textual-based materials (articles, newspaper files,
letters, tweets, posts, etc.), and existing records not currently
searchable that are to be digitized.
RECORD SOURCE CATEGORIES:
Submissions of images or media from the public and employee
documentation of a public interest event obtained during of their
official work, capstone email records that include final
determinations, policies, and guidance pertaining to agency operations
and other news-worthy documentation created or submitted to the agency.
Also, these records contain information obtained directly from the
individual who is the subject of these records, the agency or
organization that the individual represents, published directories,
and/or other operating units in the Department.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
Department as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. Media and the Public--A record in this system of records may be
disclosed for distribution and presentation for news, public relations,
official agency social media, community affairs purposes, with the
approval of the Department's Chief Privacy Officer in consultation with
counsel, when there exists a legitimate public interest in the
disclosure of the information or when disclosure is necessary to
preserve confidence in the integrity of the Department or is necessary
to demonstrate the accountability of the Department's officers,
employees, or individuals covered by the system; except to the extent
the Department determines that release of the specific information in
the context of a particular case would constitute an unwarranted
invasion of personal privacy.
2. Audit Disclosure--A record from this system of records may be
disclosed to an agency, organization, or individual for the purpose of
performing an audit or oversight operation as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function to accomplish an agency function related to this
system of records. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to the Department officers and employees.
3. Governments Disclosure--A record from this system of records may
be disclosed to a Federal, state, local, tribal, or international
agency, in response to its request, in connection with (1) the
assignment, hiring, or retention of an individual, (2) the issuance of
a security clearance, (3) the letting of a contract, or (4) the
issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary to
the requesting agency's decision on the matter.
4. Record Informational Inquiries--A record in this system of
records may be disclosed to a Federal, state, local, tribal, or
international agency, maintaining civil, criminal, or other relevant
enforcement information or other pertinent information, such as current
licenses, if necessary to obtain information relevant to a Department
decision concerning (1) the assignment, hiring, or retention of an
individual, (2) the issuance of a security clearance, (3) the letting
of a contract, or (4) the issuance of a license, grant, or other
benefit.
5. Law Enforcement and Investigation--A record in this system of
records may be disclosed to a Federal, state, local, tribal, or foreign
agency or other appropriate entity where a record, either alone or in
conjunction with other information, indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature, and
whether arising by (1) general statute or particular program statute or
contract, (2) rule, regulation, or order issued pursuant thereto, or
(3) the necessity to protect an interest of the Department. The agency
receiving the record(s) must be charged with the responsibility of
investigating or prosecuting such violations or with enforcing or
implementing the statute, rule, regulation, or order issued pursuant
thereto, or protecting the interest of the Department.
6. Non-Federal Personnel--A record in this system of records may be
disclosed to individuals, contractors, agents, grantees, experts,
consultants, student volunteers, and other workers
[[Page 15540]]
who technically do not have the status of Federal employees, performing
or working on a contract, service, grant, cooperative agreement, or
other work assignment for the Department or the Department of Commerce,
to the extent needed to perform their assigned functions. These
individuals or entities may have a need for information from the system
of records: (1) in the course of operating or administrating the system
of records; (2) in the course of fulfilling an agency function, but
only to the extent necessary to fulfill that function; or (3) in order
to fulfill their contract(s), but who do not operate the system of
records within the meaning of 5 U.S.C. 552a(m).
7. Data Breach Notification--A record in this system of records may
be disclosed to appropriate agencies, entities, and persons when (1)
the Department suspects or has confirmed that there has been a breach
of the system of records; (2) the Department has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, Department (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the Department's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
8. Data Breach Assistance--A record in this system of records may
be disclosed to another Federal agency or Federal entity when the
Department determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
9. Adjudication and Litigation--A record in this system of records
may be disclosed to a court, magistrate, or administrative tribunal
during the course of presenting evidence, including disclosures to
opposing counsel or witnesses in the course of civil discovery,
litigation, or settlement negotiations where use of such records by the
court or the Department is deemed by the Department to be relevant and
necessary to the litigation, provided, however, that in each case, the
Department determines that disclosure of the records to the court is a
use of the information contained in the records that is compatible with
the purpose for which the records were collected.
10. Department of Justice Litigation--To the U.S. Department of
Justice (DOJ), or in a proceeding before a court, adjudicative body, or
other administrative body in which the Department is authorized to
appear, when:
(1) The Department;
(2) Any employee of the Department in their official capacity; or
(3) Any employee of the Department in their individual capacity
where the DOJ or the Department has agreed to represent the employee;
or
(4) The United States, when the Department determines that
litigation is likely to affect the Department;
is a party to litigation or has an interest in such litigation, and
the use of such records by the DOJ or the Department is deemed by the
Department to be relevant and necessary to the litigation, provided,
however, that in each case, the Department determines that disclosure
of the records to DOJ is a use of the information contained in the
records that is compatible with the purpose for which the records were
collected.
11. Freedom of Information Act Assistance From Department of
Justice--A record in this system of records may be disclosed to the
Department of Justice in connection with determining whether disclosure
thereof is required by the Freedom of Information Act (5 U.S.C. 552).
12. Congressional Inquiries--A record in this system of records may
be disclosed to a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of, the individual who is the subject of the record.
13. National Archives and Records Administration--A record in this
system of records may be disclosed to the Administrator of the National
Archives and Records Administration (NARA), or said administrator's
designee, during an inspection of records conducted by NARA as part of
that agency's responsibility to recommend improvements in records
management practices and programs, under authority of 44 U.S.C. 2904
and 2906. Such disclosure shall be made in accordance with NARA
regulations governing inspection of records for this purpose, and any
other relevant directive. Such disclosure shall not be used to make
determinations about individuals. A capstone email record may be
disclosed to NARA that is created by individuals serving in specific
level positions. These records will include final determinations,
policies, and guidance pertaining to agency operations and strategic
planning under the authority of 44 U.S.C. 2912 and M-23-07 Update to
Transition to Electronic Records.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Automated storage includes but is not limited to digital audio and
video media captured via webinar software, flatbed scanners, and
digitization of older film or audio recordings stored on departmental
computers and servers. Non-digitized images such as films, audio tapes,
and other hardcopy images are maintained in file cabinets or locked
storage rooms.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved alphabetically by last name and/or first
name, cross referenced to file number, and by event or topic of
newsworthiness.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in the system are maintained in accordance with the NARA
approved Records Controls Schedules 6.4 Item 010, Temporary. Destroy
when 3 years old, or no longer needed, whichever is later; IN1-241-05-
001:5; N1-241-06-002:4; N1-241-06-002:6; N1-241-10-001:10.3; and
General Records Schedules 1.1 3.2 and 6.1.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are protected from unauthorized access and improper use
through administrative, technical, and physical security measures.
Administrative Safeguards: Administrative controls include, but are
not limited to, written policies, standards, and procedures reinforced
by training and periodic auditing and the completion of a Privacy
Threshold Analysis (PTA) and/or a Privacy Impact Assessment (PIA).
Physical Safeguards: Physical controls include, but are not limited
to, the use of the Department Employee ID and/or badge number and
Department key cards, security guards, cipher locks, biometrics, and
closed-circuit TV.
Technical Safeguards: Technical controls include, but are not
limited to user identification, password protection, firewalls, virtual
private network, encryption, intrusion detection systems, common access
cards, smart cards,
[[Page 15541]]
biometrics, and public key infrastructure.
Alleged or Confirmed Incidents: The Department will report and take
action to remediate security incidents involving the unauthorized
access or disclosure of personally identifiable and sensitive
information according to applicable law, regulations, OMB guidance, and
Department of Commerce policies.
RECORD ACCESS PROCEDURES:
Individuals seeking to access records maintained in this system of
records must submit an access request in accordance with the
Department's Privacy Act implementing regulations in 15 CFR part 4,
subpart B. The regulations define the procedures for making requests
for records in person, not in person, and on behalf of a minor or by a
legal guardian.
CONTESTING RECORD PROCEDURES:
Individuals contesting the content of records about themselves
contained in this system of records must submit a request for
correction or amendment in accordance with the Department's Privacy Act
implementing regulations in 15 CFR part 4, subpart B. The regulations
define the procedures for making requests for correction or amendment
and include what should be submitted with the request.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves must submit a request in
accordance with the Department's Privacy Act implementation regulations
in 15 CFR part 4, subpart B. The regulations define the procedures for
making inquiries and what information should be submitted with the
request.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Charles R. Cutshall,
Director of Open Government, Office of Privacy and Open Government,
Department of Commerce.
[FR Doc. 2025-06227 Filed 4-11-25; 8:45 am]
BILLING CODE 3510-17-P
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