Notice2025-12979
Agency Information Collection Activities; Proposed Collection; Comment Request; Third Party Testing of Children's Products
Primary source
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Published
July 11, 2025
Issuing agencies
Consumer Product Safety Commission
Abstract
As required by the Paperwork Reduction Act of 1995 (PRA), the Consumer Product Safety Commission (CPSC or Commission) requests comments on a proposed extension of approval of a collection of information for Third Party Testing of Children's Products. The Office of Management and Budget (OMB) previously approved the collection of information under control number 3041-0159. The CPSC will consider all comments received in response to this notice before requesting an extension of this collection of information OMB.
Full Text
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<title>Federal Register, Volume 90 Issue 131 (Friday, July 11, 2025)</title>
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[Federal Register Volume 90, Number 131 (Friday, July 11, 2025)]
[Notices]
[Pages 30887-30891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12979]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0038]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Third Party Testing of Children's Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of Information Collection; Request for Comment.
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SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA), the
Consumer Product Safety Commission (CPSC or Commission) requests
comments on a proposed extension of approval of a collection of
information for Third Party Testing of Children's Products. The Office
of Management and Budget (OMB) previously approved the collection of
information under control number 3041-0159. The CPSC will consider all
comments received in response to this notice before requesting an
extension of this collection of information OMB.
DATES: Submit comments on the collection of information by September 9,
2025.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0038, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by email, except through <a href="http://www.regulations.gov">www.regulations.gov</a>. CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal, as described above.
Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit
comments by mail, hand delivery, or courier to: Office of the
Secretary, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; (301) 504-7479. If you wish to submit confidential
business information, trade secret information, or other sensitive or
protected information that you do not want to be available to the
public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: <a href="/cdn-cgi/l/email-protection#e685969585cb8995a685969585c8818990"><span class="__cf_email__" data-cfemail="690a191a0a44061a290a191a0a470e061f">[email protected]</span></a>.
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Do not submit
through this website: Confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and insert the
docket number, CPSC-2010-0038, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; (301)
504-7791, or by email to: <a href="/cdn-cgi/l/email-protection#f7878596b794878494d9909881"><span class="__cf_email__" data-cfemail="b1c1c3d0f1d2c1c2d29fd6dec7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: CPSC seeks to renew the following currently
approved collection of information:
Title: Third Party Testing of Children's Products.
OMB Number: 3041-0159.
Type of Review: Renewal of collection of information for third
party testing of children's products, which includes: (1) previously
approved burden for marking and labeling of certain durable infant and
toddler products; (2) the labeling and recordkeeping requirements (not
covered by the Commission's third party testing rule at 16 CFR part
1107) set forth in the rule establishing requirements for electrically
operated toys or other electrically operated articles intended for
children (16 CFR part 1505) (electrically operated toys and other
articles rule); (3) recordkeeping and labeling requirements set forth
in the ban on articles known as ``baby bouncers'' or ``walker-jumpers''
(baby bouncer/walker-jumper rule, 16 CFR 1500.18(a)(6) and
1500.86(a)(4)), or similar articles that are not covered by the safety
standard for infant walkers (16 CFR part 1216) and that also are not
covered by the third party testing rule or any other rule issued under
section 104 of the Consumer Product Safety Improvement Act; (4) new
children's product safety rules promulgated since the last renewal,
including non-toy children's products containing button cell or coin
batteries, children's clothing storage units, and non-toy children's
products containing magnets, and (5) the addition of costs to eFile
children's product certificates (CPCs) pursuant to the revision to 16
CFR part 1110 (90 FR 1800 (Jan. 8, 2025)). The Commission already
expanded the scope of OMB Control No. 3041-0159 when it issued the
final rule to revise part 1110 and the final rule for button cell or
coin batteries; it is included in this renewal for completeness. As
explained in this notice, the requirement to eFile most certificates
does not begin until July 8, 2026.
General Description of Collection
Testing and Certification: On November 8, 2011, the Commission
issued two rules for implementing third party testing and certification
of
[[Page 30888]]
children's products, as required by section 14 of the Consumer Product
Safety Act (CPSA):
<bullet> Testing and Labeling Pertaining to Product Certification
(76 FR 69482, codified at 16 CFR part 1107; the testing rule); and
<bullet> Conditions and Requirements for Relying on Component Part
Testing or Certification, or Another Party's Finished Product Testing
or Certification to Meet Testing and Certification Requirements (76 FR
69547, codified at 16 CFR part 1109; the component part rule).
The testing rule establishes requirements for manufacturers to
conduct initial third party testing and certification of children's
products, testing when there has been a material change in the product,
continuing testing (periodic testing), and guarding against undue
influence. A final rule on Representative Samples for Periodic Testing
of Children's Products (77 FR 72205, Dec. 5, 2012) amended the testing
rule to require that representative samples be selected for periodic
testing of children's products.
The component part rule is a companion to the testing rule that is
intended to reduce third party testing burdens, by providing all
parties involved in the required testing and certifying of children's
products the flexibility to conduct or rely upon testing where testing
is the easiest and least expensive to accomplish. Certification of a
children's product can be based upon one or more of the following: (a)
component part testing; (b) component part certification; (c) another
party's finished product testing; or (d) another party's finished
product certification.
Section 1107.26 of the testing rule states the records required for
testing and selecting representative samples. 16 CFR 1107.26. Required
records include a certificate and records documenting third party
testing and related sampling plans. These requirements largely overlap
the recordkeeping requirements in the component part rule, codified at
16 CFR 1109.5(g). Duplicate recordkeeping is not required; records need
to be created and maintained only once to meet the applicable
recordkeeping requirements. The component part rule also requires
records that enable tracing a product or component back to the entity
that had a product tested for compliance; the rule also requires
attestations of due care to ensure test result integrity.
Because these records largely overlap, for this renewal, CPSC is
streamlining the burden analysis and combining all recordkeeping for
testing and certification into one estimate, as explained further in
this notice.
New Children's Product Rules: Since the last renewal of this
collection of information, CPSC has issued four children's product
rules (not including rules issued under section 104 of the Consumer
Product Safety Improvement Act of 2008 CPSIA) that contain testing,
marking, labeling, and certification requirements for children's
products: (1) Safety Standard for Clothing Storage Units (CSUs) (16 CFR
part 1261); Safety Standard for Magnets (16 CFR part 1262) (does not
contain labeling requirements); Safety Standard for Button Cell or Coin
Batteries and Consumer Products Containing Such Batteries (Button
Battery) (16 CFR part 1263); and (4) Marking of Toy, Look-Alike, and
Imitation Firearms (16 CFR part 1272; PRA burden addressed in 16 CFR
part 1250). In this renewal the burden estimate for children's CSUs and
non-toy children's products containing magnets is included in this
collection of information. The Button Battery rule already expanded
this collection of information to include the certification and
labeling of non-toy children's products that contain button batteries,
and it is listed here for completeness. Toy imitation firearms are
already included in this collection pursuant to section 4.30 of ASTM
F963, as required in 16 CFR part 1250. The burden estimate for these
new rules is included in the analysis under the Testing and
Certification.
Section 104 Rules: The Commission has issued 28 rules for durable
infant and toddler products under section 104 of the Consumer Product
Safety Improvement Act of 2008 (CPSIA), codified in 15 U.S.C. 2056a
(section 104 rules). Section 104 rules that have been issued, to date,
appear in Table 2. Each section 104 rule contains requirements for
marking, labeling, and instructional literature:
<bullet> Each product and the shipping container must have a
permanent label or marking that identifies the name and address (city,
state, and zip code) of the manufacturer, distributor, or seller.
<bullet> A permanent code mark or other product identification
shall be provided on the product and its package or shipping container,
if multiple packaging is used. The code will identify the date (month
and year) of manufacture and permit future identification of any given
model.
Each standard also requires products to include easy-to-read and
understandable instructions regarding assembly, maintenance, cleaning,
use, and adjustments, where applicable. See, e.g., sections 8 (marking
and labeling) and 9 (instructional literature) of every ASTM voluntary
standard incorporated by reference into a CPSC mandatory standard, as
listed in Table 2.
OMB has assigned control numbers for the estimated burden to comply
with marking and labeling requirements in each section 104 rule. With
this renewal, CPSC is moving the marking and labeling burden
requirements for two additional section 104 rules that have been issued
since the last renewal in 2022, into the collection of information for
Third Party Testing of Children's Products (bold font in Table 2). The
paperwork burdens associated with the section 104 rules are
appropriately included in the collection for Third Party Testing of
Children's Products because all the section 104 products are also
required to be third party tested. Having all the burden hours under
one collection for children's products provides one OMB control number
and eases the administrative burden of renewing multiple collections.
CPSC will discontinue using the OMB control numbers currently assigned
to individual section 104 rules. The discontinued OMB control numbers
are listed in Table 2.
eFiling Revision to 16 CFR part 1110: Section 14(a) of the CPSA
requires that manufacturers (including importers) and private labelers
issue certificates for all consumer products subject to a consumer
product safety rule under the CPSA, or a similar rule, ban, standard,
or regulation under any other law enforced by the Commission, that are
imported for consumption or warehousing or distributed in commerce. 15
U.S.C. 2052(a)(11)-(12); 15 U.S.C. 2063(a)(1). Children's products
introduced to the U.S. market must have a Children's Product
Certificate (CPC), which, if imported, must be electronically filed
with U.S. Customs and Border Protection at the time of filing entry.
The final rule revising part 1110 details the eFiling requirement and
the burden of eFiling CPCs. 90 FR 1800, 1838-39 (Jan. 8, 2025). For
most imported products, the effective date of this requirement is July
8, 2026. Products imported from a Foreign Trade Zone (FTZ) must comply
with the eFiling requirement by January 8, 2027.
Electrically Operated Toys and Other Articles: The requirements for
electrically operated toys and other electrically operated articles
intended for use by children are set forth in 16 CFR part 1505. The
regulation establishes certain criteria to use in determining whether
electrically
[[Page 30889]]
operated toys and other electrically operated children's products are
banned and requires that certain warning and identification labeling be
included on both the product and the packaging. The regulation also
requires that manufacturers establish a quality assurance program to
assure compliance and to keep records pertaining to the quality
assurance program. Additionally, manufacturers or importers must keep
records of the sale and distribution of the products.
Baby-Bouncer/Walker-Jumper Rule: The requirements for baby
bouncers, baby walkers, and similar articles that are not covered by 16
CFR part 1216 (Safety Standard for Infant Walkers) are set forth under
16 CFR 1500.18(a)(6) and 1500.86(a)(4). These regulations establish
criteria to use in determining whether certain baby-bouncers, walker-
jumpers, or similar products are banned. The regulation requires that
each product be labeled with information that will permit future
identification by the manufacturer of the particular model of bouncer
or walker-jumper. In addition, manufacturers must maintain records of
sales, distribution, and results of tests and inspections for three
years and make such records available to CPSC, upon request. Products
covered under this regulation are not duplicative of an existing
section 104 rule.
Frequency of Response: On occasion.
Affected Public: Manufacturers, private labelers, and importers of
children's products subject to a children's product safety rule.
Estimated Number of Respondents:
Testing and Certification of Children's Products: Recordkeeping
requirements in parts 1107 and 1109 apply to all manufacturers,
importers, and private labelers of children's products that are covered
by one or more children's product safety rules promulgated and/or
enforced by the CPSC.
To estimate the number of respondents, CPSC staff reviewed every
industry category in the NAICS and selected industry categories that
included firms that could manufacture or sell children's products that
are regulated by CPSC and require testing and certification. Using data
from the U.S. Census Bureau,\1\ CPSC determined that there were
approximately 20,100 manufacturers, about 106,700 wholesalers, and
about 263,800 retailers in these NAICS categories. Accordingly, there
are approximately 390,600 annual respondents. Note, however, these
categories also include many non-children's products, which are not
covered by any children's product safety rules. Therefore, these
numbers would constitute an overestimate of the number of
establishments that are subject to the PRA requirements and therefore
constitute a high estimate of the number of firms that are subject to
the recordkeeping requirements. Table 1 sets forth the burden estimate
for all children's product safety rules that are not rules under
section 104 of the CPSIA, estimating an average annual hourly burden of
5,037,900 hours.
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\1\ All Sectors: County Business Patterns, including ZIP Code
Business Patterns, by Legal Form of Organization and Employment Size
Class for the U.S., States, and Selected Geographies: 2022, Census--
Table Results for Table ID CB2200CBP. The list of all children's
product safety rules covered by this burden analysis appears in
Appendix A of the Supporting Statement posted on <a href="http://Regulations.gov">Regulations.gov</a>
under Docket No. CPSC-2010-0038.
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Section 104 Rules: Table 2 summarizes the section 104 rules for
durable infant or toddler products subject to the marking and labeling
requirement that have been or are now being moved into OMB control
number 3041-0159. The two new section 104 rules being moved into this
information collection are shown in bold text. Table 2 also contains
the estimated number of manufacturers and models and the total
respondent hours, estimating 6,338 respondents for section 104 Rules,
with an estimated annual hourly burden of 97,968 hours.
eFiling Requirements: As shown in Table 3, the final rule to revise
part 1110 estimates that 224,000 importers of children's products will
annually eFile Children's Product Certificates (CPCs) with an estimated
annual 209,462 hourly burden. 90 FR 1800, 1838-39 (Table 14).
Electrically Operated Toys and Other Articles Rule: CPSC staff
estimates that about 40 entities will respond to this collection
annually.
Baby-Bouncer/Walker-Jumper Rule: CPSC staff estimates that about
six entities will respond to the testing and recordkeeping requirements
of this regulation annually.
Estimated Time per Response
Testing and Certification: An average of three hours per year will
be needed for each response. The PRA burden will vary greatly from
respondent to respondent, depending upon factors that are out of CPSC's
control and at the discretion of the establishment. For example,
respondents that regularly change their product may spend more time on
testing and certification and the associated recordkeeping, while
respondents that utilize the component part rule effectively, or that
continuously manufacture the same product, may spend less time
responding to the collection.
Section 104 Rules: Each section 104 rule contains a similar
analysis for marking and labeling that estimates the time to make any
necessary changes to marking and labeling requirements at 1 hour per
model. Some section 104 rules also contain requirements for
instructional literature, and estimates are included for instructional
literature in this analysis, where required.
eFiling Requirements: The average filing takes roughly 22 seconds
(or 0.0062 hours) across filing modes.
Electrically Operated Toys and Other Articles Rule: Products
subject to this regulation are also subject to the requirements of the
testing rule. Therefore, the burden of any duplicative recordkeeping
requirements will not be reported here to avoid double-counting the
burden. CPSC staff estimates that the additional burden imposed by this
regulation over that imposed by the testing rule is 1.5 hours (30
minutes per response to maintain sales and distribution records for
recordkeeping, and 1 hour to make labeling changes).
Baby-Bouncer/Walker-Jumper Rule: CPSC staff estimates that
respondents will spend 2 hours per response (1 hour on recordkeeping
requirements, and 1 hour on labeling requirements).
Total Estimated Annual Burden
Adding the total estimated recordkeeping burden for testing and
certification (5,037,900 hours), marking and labeling for 104 Rules
(97,968 hours), eFiling CPCs (209,462 hours), electrically operated
toys (750 hours), and baby bouncer/walker-jumpers (24 hours) the total
estimated annual burden of the collection is 5,346,104 hours.
At $41.59 (U.S. Bureau of Labor Statistics, ``Employer Costs for
Employee Compensation,'' March 2025, Table 4, total compensation for
all sales and office workers in goods-producing private industries:
<a href="https://www.bls.gov/news.release/archives/ecec_06132025.htm">https://www.bls.gov/news.release/archives/ecec_06132025.htm</a>) hourly
compensation rate, the total cost of the information collection is
approximately $222.3 million (5,346,104 hours x $41.59 =
$222,344,465.36).
[[Page 30890]]
Table 1--Estimated Burden for Testing and Certification
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Duration of Average hourly
Respondents Number of Frequency of response (in response
responses response hours) burden
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Manufacturers................................... 20,100 2 3 120,600
Wholesalers..................................... 106,700 3 3 960,300
Retailers....................................... 263,800 5 3 3,957,000
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Total....................................... 390,600 .............. .............. 5,037,900
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Table 2--Estimated Burden for Marking and Labeling in Section 104 Rules
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Total
Discontinued OMB control No. 16 CFR part Description Mfrs. Models respondent
hours
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3041-0145........................ 1215 Safety Standard for 12 2 24
Infant Bath Seats.
3041-0141........................ 1216 Safety Standard for 19 4 76
Infant Walkers.
3041-0150........................ 1217 Safety Standard for 111 10 1,110
Toddler Beds.
3041-0157........................ 1218 Safety Standard for 72 4 288
Bassinets and Cradles.
3041-0147........................ 1219 Safety Standard for Full- 80 13 1,040
Size Cribs.
3041-0147........................ 1220 Safety Standard for Non- 39 2 78
Full-Size Cribs.
3041-0152........................ 1221 Safety Standard for Play 34 4 136
Yards.
3041-0160........................ 1222 Safety Standard for 13 2 26
Infant Bedside Sleepers.
3041-0155........................ 1223 Safety Standard for 6 8 48
Swings.
3041-0149........................ 1224 Safety Standard for 18 2 36
Portable Bedrails.
3041-0158........................ 1225 Safety Standard for Hand- 78 2 156
Held Infant Carriers.
3041-0162........................ 1226 Safety Standard for Soft 44 3 132
Infant and Toddler
Carriers.
3041-0164........................ 1227 Safety Standard for 100 7 700
Carriages and Strollers.
3041-0167........................ 1228 Safety Standard for Sling 1,000 2 * 8,500
Carriers.
3041-0174........................ 1229 Safety Standard for 26 4 104
Infant Bouncer Seats.
3041-0166........................ 1230 Safety Standard for Frame 14 3 42
Child Carriers.
3041-0173........................ 1231 Safety Standard for High 83 3 249
Chairs.
3041-0172........................ 1232 Safety Standard for 17 2 34
Children's Folding
Chairs and Stools.
3041-0170........................ 1233 Safety Standard for Hook- 7 1 7
On-Chairs.
3041-0171........................ 1234 Safety Standard for 27 2 54
Infant Bath Tubs.
3041-0175........................ 1235 Safety Standard for Baby 141 6 846
Changing Products.
3041-0177........................ 1236 Safety Standard for 1,325 6,528 * 68,650
Infant Sleep Products.
3041-0178........................ 1237 Safety Standard for 52 2 104
Booster Seats.
3041-0179........................ 1238 Safety Standard for 11 4 44
Stationary Activity
Centers.
3041-0182........................ 1239 Safety Standard for Gates 127 3.6 * 9,496
and Enclosures.
3041-0185........................ 1241 Safety Standard for Crib 38 10 380
Mattresses.
3041-0197........................ 1242 Safety Standard for 844 ........... 1,688
Nursing Pillows.
3041-0202........................ 1243 Safety Standard for 2,000 ........... 4,000
Infant Support Cushions.
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Total Burden Hours........... ........... ......................... ........... ........... 97,968
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* Includes additional hours for instructional literature.
Table 3--Estimated Burden for Other Children's Product Requirements
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Estimated
Requirement Number of Frequency of number of Response time Burden hours
respondents response responses (in hours)
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eFiling CPCs.................... 224,000 152 34,055,116 .0062 209,462
Electrically Operated Toys and 50 10 500 1.5 750
Other Artiles Rule.............
Baby-Bouncer/Walker Jumper Rule. 6 2 12 2 24
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Estimates of Other Total Annual Cost Burden to Respondents or
Recordkeepers
Many importers use import brokers who charge a filing fee to
facilitate customs filings and reporting with the government. Brokers
typically charge a fee per entry or per entry line that is filed, and
each entry line may contain one or more product certificates. The fees
that brokers charge vary with the complexity of the Message Set and
with the number of Message Sets filed.
Table 4 below presents an estimate of filing fees for CPCs. CPSC
estimates that importers of children's products will file 28,555,603
annual message sets and expect filing fees for CPCs to total
$21,987,815 annually.
[[Page 30891]]
Table 4--Estimate of Filing Fees for CPCs
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Number of Number of
Additional cost respondents filings with a Total number of Cost per Total burden
(importers) fee responses response cost
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CPC Filing Fee..................................................... 224,000 127 28,555,603 $0.77 $21,987,815
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Request for Comments
The Commission solicits written comments from all interested
persons about the proposed renewal of this collection of information.
The Commission specifically solicits information relevant to the
following topics:
<bullet> Whether the collection of information described above is
necessary for the proper performance of the Commission's functions,
including whether the information would have practical utility;
<bullet> Whether the estimated burden of the proposed collection of
information is accurate;
<bullet> Whether the quality, utility, and clarity of the
information to be collected could be enhanced; and
<bullet> Whether the burden imposed by the collection of
information could be minimized by use of automated, electronic or other
technological collection techniques, or other forms of information
technology.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2025-12979 Filed 7-10-25; 8:45 am]
BILLING CODE 6355-01-P
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