[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 471 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 471
To amend title 23, United States Code, with respect to commercial motor
vehicle parking, safety, and licensing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2023
Mr. Johnson of South Dakota (for himself and Mr. Costa) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Education and
the Workforce, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 23, United States Code, with respect to commercial motor
vehicle parking, safety, and licensing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Highways and Increased
Performance for Interstate Trucking Act'' or the ``SHIP IT Act''.
SEC. 2. MODERNIZING AUTHORITY FOR CERTAIN VEHICLE WAIVERS DURING
EMERGENCIES.
Section 127(i) of title 23, United States Code, is amended to read
as follows:
``(i) Special Permits During Periods of National Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section, a State may issue special permits during an
emergency to overweight vehicles and loads that can easily be
dismantled or divided if the conditions of either paragraph (2)
or paragraph (3) are met.
``(2) Presidential declaration.--The conditions of
paragraph (2) as referenced in paragraph (1) of this subsection
are--
``(A) the President has declared the emergency to
be a major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.);
``(B) the permits described in paragraph (1) are
issued in accordance with State law;
``(C) the permits are issued exclusively to
vehicles and loads that are delivering relief supplies;
and
``(D) a permit shall expire not later than 120 days
after the date of the declaration of emergency under
subparagraph (A) of this paragraph.
``(3) Secretarial declaration.--The conditions of paragraph
(3) are the following:
``(A) The Secretary has declared that--
``(i) emergency or other unusual
conditions, including weather, fire,
earthquake, disease, or natural emergencies and
including financial or other non-natural
emergencies, are having a negative impact on
commerce in a State or regionally or
nationally; or
``(ii) supply chains in United States
commerce are functioning in a suboptimal manner
in a State or regionally or nationally, either
in terms of slow overall movement, freight
traffic congestion, or otherwise.
``(B) The permits described in paragraph (1) are
issued in accordance with State law.
``(C) The permit shall expire--
``(i) 365 days after the Secretary makes a
declaration pursuant to subparagraph (A),
unless the expiration date is extended by the
Secretary; or
``(ii) 180 days after the Secretary
declares that the emergency or other condition
declared by the Secretary pursuant to
subparagraph (A) has expired, whichever is
later.
``(D) In administering this paragraph, the
Secretary shall give weight to requests by a State to
make or extend subparagraph (A) declarations.''.
SEC. 3. ELIGIBILITY FOR WORKFORCE GRANTS.
Section 134 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174) is amended by adding at the end the following:
``(e) Truck Drivers.--
``(1) In general.--With respect to the commercial motor
vehicle operator profession, the Secretary shall provide grants
to individuals for the tuition and fees and other costs of
entry level driver training provided by an entity listed as a
training provider on the registry maintained by the Federal
Motor Carrier Safety Administration and for such other
education and training costs as the Secretary may approve,
including the cost of course materials, supplies, technology,
and fees for graduation, licensure, or certification.
``(2) Simplified process.--As soon as practicable after the
date of enactment of this subsection, the Secretary shall
develop a simplified process through which grants may be
provided under this subsection that would be readily accessible
to individuals with non-Federal share requirements set at the
lowest level allowed under other provisions of this section.
``(3) Requirements.--Expenses authorized under paragraph
(1) shall be provided both through the structure of existing
programs pursuant to subsections (a) through (d) of this
section and through the process developed by the Secretary
under subsection (e).''.
SEC. 4. STRENGTHENING SUPPLY CHAINS THROUGH TRUCK DRIVER INCENTIVES
ACT.
(a) In General.--The Internal Revenue Code of 1986 is amended by
inserting after section 36B the following new section:
``SEC. 36C. CREDIT FOR COMMERCIAL TRUCK DRIVERS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle an amount equal to $7,500 for the taxable year.
``(b) Eligible Individual.--For the purposes of this section, the
term `eligible taxpayer' means, with respect to a taxable year, an
individual--
``(1) who holds a valid Class A commercial driver's license
(except as provided in subsection (c)) who operates a tractor-
trailer combination that qualifies as a Group A vehicle under
section 383.91(a)(1) of title 49, Code of Federal Regulations,
``(2) whose adjusted gross income for the taxable year does
not exceed--
``(A) in the case of a joint return or surviving
spouse, $135,000,
``(B) in the case of an individual who is a head of
household, $112,500, or
``(C) in the case of any other individual, $90,000,
and
``(3) who drove such a vehicle in the course of a trade or
business--
``(A) and served not less than 1900 hours of on-
duty time, including driving time, during such taxable
year, or
``(B) in the case of an individual who did not
drive a commercial truck in the preceding taxable year,
not less than an average of 40 hours per week of on-
duty time, including driving time, with respect to
weeks during the taxable year in which such individual
drove such a vehicle in the course of a trade or
business.
``(c) Special Rule for Apprentices.--With respect to an individual
enrolled in an apprenticeship program registered under the Act of
August 16, 1937 (commonly known as the `National Apprenticeship Act'),
who, upon completion or in the course of such apprenticeship program
will receive a Class A commercial driver's license--
``(1) the requirements of subsection (b)(1) shall not
apply, and
``(2) such individual may count training hours in such
program as hours driving a vehicle described in subsection
(b)(1) for the purposes of this section.
``(d) Special Rule for New Truck Drivers.--Except as provided in
subsection (e), in the case of an eligible taxpayer who did not drive a
commercial truck in the course of a trade or business during the
preceding taxable year, subsection (a) shall be applied by substituting
`$10,000' for `$7,500'.
``(e) Special Rule for Drivers With Less Than 1420 Hours.--In the
case of an eligible taxpayer who did not drive a commercial truck in
the preceding taxable year who drives a commercial truck and served for
less than 1420 hours of on-duty time, including driving time, in the
course of a trade or business during the taxable year, the amount of
the credit allowed by subsection (a) shall be the amount that bears the
same proportion to the dollar amount (determined without regard to this
subsection) with respect to the individual under subsection (a) as the
number of hours of on-duty time, including driving time, such
individual drove a commercial truck in the course of a trade or
business during such taxable year bears to 1420 hours.
``(f) Inflation Adjustment.--In the case of any taxable year
beginning after 2022, the dollar amounts in this section shall be
increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2021' for
`calendar year 2016' in subparagraph (A)(ii).
``(g) Limitation.--An eligible individual shall be allowed the
credit under this section only 2 times.
``(h) Definitions.--In this section, the terms ``on-duty time'' and
``driving time'' shall have the meaning given such terms in section
395.2 of title 49, Code of Federal Regulations.''.
(b) Conforming Amendments.--
(1) In general.--Section 6211(b)(4)(A) of the Internal
Revenue Code of 1986 is amended by inserting ``, 36C'' after
``36B''.
(2) Refund of internal revenue collections.--Section
1324(b)(2) of title 31, United States Code, is amended by
inserting ``, 36C'' after ``, 36B''.
(3) Clerical amendment.--The table of sections for subpart
C of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting after the item
relating to section 36B the following new item: ``Sec. 36C.
Credit for commercial truck drivers.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after December 31, 2022.
SEC. 5. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) Sense of Congress.--It is the sense of Congress that it should
be a national priority to address the shortage of parking for
commercial motor vehicles on the Federal-aid highway system to improve
highway safety.
(b) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 180. Parking for commercial motor vehicles
``(a) Grant Authority.--Subject to the availability of funds, the
Secretary shall make grants under this section, on a competitive basis,
to eligible entities for projects to provide parking for commercial
motor vehicles and improve the safety of commercial motor vehicle
operators.
``(b) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application at such
time and in such manner as the Secretary may require.
``(c) Application Contents.--An application submitted under
subsection (b) shall contain--
``(1) a description of the proposed project; and
``(2) any other information that the Secretary may require.
``(d) Eligible Entities.--The following entities shall be eligible
to receive amounts under this section:
``(1) A State.
``(2) A metropolitan planning organization.
``(3) A unit of local government.
``(4) A political subdivision of a State or local
government carrying out responsibilities relating to commercial
motor vehicle parking.
``(5) A Tribal government or a consortium of Tribal
governments.
``(6) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (5).
``(e) Private Sector Participation.--An eligible entity that
receives a grant under this section may partner with a private entity
to carry out an eligible project under this section.
``(f) Eligible Projects.--
``(1) In general.--An entity may use a grant awarded under
this section for a project described in paragraph (2) that is
on--
``(A) a Federal-aid highway; or
``(B) a facility with reasonable access to--
``(i) a Federal-aid highway; or
``(ii) a freight facility.
``(2) Projects described.--A project described in this
paragraph is a project to--
``(A) construct safety rest areas (as such term is
defined in section 120(c)) that include parking for
commercial motor vehicles;
``(B) construct additional commercial motor vehicle
parking capacity--
``(i) adjacent to private commercial truck
stops and travel plazas;
``(ii) within the boundaries of, or
adjacent to, a publicly owned freight facility,
including a port terminal operated by a public
authority; and
``(iii) at existing facilities, including
inspection and weigh stations and park-and-ride
locations;
``(C) open existing weigh stations, safety rest
areas, and park-and-ride facilities to commercial motor
vehicle parking;
``(D) construct or make capital improvements to
existing public commercial motor vehicle parking
facilities to expand parking utilization and
availability, including at seasonal facilities;
``(E) identify, promote, and manage the
availability of publicly and privately provided
commercial motor vehicle parking, such as through the
use of intelligent transportation systems;
``(F) improve the safety of commercial motor
vehicle operators at parking facilities as part of a
project described in subparagraphs (A) through (D); or
``(G) improve a parking facility, including through
advanced truck stop electrification systems and other
improvements determined appropriate by the Secretary,
as part of a project described in subparagraphs (A)
through (D).
``(3) Publicly accessible parking.--Commercial motor
vehicle parking constructed or opened with a grant under this
section shall be open and accessible to all commercial motor
vehicle operators.
``(g) Use of Funds.--
``(1) In general.--An eligible entity may use a grant under
this section for--
``(A) development phase activities, including
planning, feasibility analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities
necessary to advance a project under this section; and
``(B) construction and operational improvements.
``(2) Limitation.--
``(A) In general.--An eligible entity may use not
more than 25 percent of the amount of a grant under
this section for activities described in paragraph
(1)(A).
``(B) Existing facilities.--Not more than 10
percent of the amounts available for each fiscal year
for grants under the program may be used for projects
described under subsection (f)(2)(E) that solely
identify, promote, and manage the availability of
existing commercial motor vehicle parking.
``(h) Selection Criteria.--In making grants under this subsection,
the Secretary shall give priority to applications that demonstrate--
``(1) a shortage of commercial motor vehicle parking
capacity in the corridor in which the project is located;
``(2) consultation with motor carriers, commercial motor
vehicle operators, public safety officials, and private
providers of commercial motor vehicle parking;
``(3) that the project will likely--
``(A) increase the availability or utilization of
commercial motor vehicle parking;
``(B) facilitate the efficient movement of freight;
and
``(C) improve highway safety, traffic congestion,
and air quality; and
``(4) the ability to provide for the maintenance and
operation of the facility.
``(i) Federal Share.--Notwithstanding section 120, the Federal
share for a project carried out under this subsection shall be up to
100 percent.
``(j) Treatment of Projects.--
``(1) In general.--Notwithstanding any other provision of
law, projects funded under this section shall be treated as
projects on a Federal-aid highway under this chapter.
``(2) Period of availability.--Funds appropriated for
projects under this section shall remain available for a period
of 3 years after the last day of the fiscal year in which the
funds are made available.
``(k) Prohibition on Charging Fees.--To be eligible for a grant
under this section, an eligible entity shall agree that no fees will be
charged to a commercial motor vehicle to access parking constructed,
opened, or improved with a grant under this section.
``(l) Notification of Congress.--Not less than 3 business days
before making a grant for a project under this section, the Secretary
shall notify, in writing, the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on the
Environment and Public Works of the Senate of the intention to award
such a grant.
``(m) Survey and Comparative Assessment.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subsection, and every 2 years thereafter,
the Secretary, in consultation with appropriate State motor
carrier safety personnel, motor carriers, State departments of
transportation, and private providers of commercial motor
vehicle parking shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the Senate a
report that--
``(A) evaluates the availability of adequate
parking and rest facilities, taking into account both
private and public facilities, for commercial motor
vehicles engaged in interstate transportation;
``(B) evaluates the effectiveness of the projects
funded under this section in improving access to
commercial motor vehicle parking;
``(C) evaluates the ability of entities receiving a
grant under this section to sustain the operation of
parking facilities constructed with funds provided
under this section; and
``(D) reports on the progress being made to provide
adequate commercial motor vehicle parking facilities in
the State.
``(2) Results.--The Secretary shall make the report and
subsequent updated reports under paragraph (1) available to the
public on the website of the Department of Transportation.
``(3) Alignment of reports.--In carrying out this
subsection, the Secretary shall consider the results of the
commercial motor vehicle parking facilities assessments of the
States under section 70202 of title 49 and seek to align the
contents of the report and reporting deadlines under paragraph
(1) with the requirements of such section.
``(n) Commercial Motor Vehicle Defined.--In this section, the term
`commercial motor vehicle' has the meaning given such term in section
31132 of title 49.''.
(c) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding after the item relating to
section 177 the following:
``180. Parking for commercial motor vehicles.''.
(d) Authorization of Appropriations.--There are authorized to be
appropriated out of the general fund of the Treasury for projects for
commercial vehicle parking under section 177 of title 23, United States
Code (as added by this Act)--
(1) $175,000,000 for fiscal year 2023;
(2) $185,000,000 for fiscal year 2024;
(3) $195,000,000 for fiscal year 2025; and
(4) $200,000,000 for fiscal year 2026.
SEC. 6. LICENSING INDIVIDUAL COMMERCIAL EXAM-TAKERS NOW SAFELY AND
EFFICIENTLY ACT.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Transportation, acting through the Administrator of the
Federal Motor Carrier Safety Administration, shall--
(1) revise section 384.228 of title 49, Code of Federal
Regulations (or a successor regulation), to allow a State or
third-party examiner to administer a commercial driver's
license knowledge test so long as the examiner--
(A) maintains a valid commercial driver's license
test examiner certification;
(B) completes a commercial driver's license skills
test examiner training course that meets the
requirements of subsection (d) of such section; and
(C) completes 1 unit of instruction described in
subsection (c)(3) of such section;
(2) revise section 383.25(a)(1) of title 49, Code of
Federal Regulations (or a successor regulation), to allow a
commercial driver's license holder accompanying a commercial
learner's permit holder to be present anywhere in the cab of
the vehicle being operated by the commercial learner's permit
holder; and
(3) revise section 383.79 of title 49, Code of Federal
Regulations (or a successor regulation), to allow a State to
administer a driving skills test to any commercial driver's
license applicant, regardless of the State of domicile of the
applicant or where the applicant received driver training.
SEC. 7. EXEMPTION FOR ZERO EMISSION CLASS 7 VEHICLES.
Section 31301(4) of title 49, United States Code, is amended by
inserting ``, except that, for vehicles powered primarily by means of
electric battery power, the weight of the electric battery or batteries
shall not count towards the gross vehicle weight rating and gross
vehicle weight stated in this subparagraph, or towards any lesser gross
vehicle weight rating or gross vehicle weight that may be prescribed by
the Secretary by regulation'' after ``10,001 pounds''.
SEC. 8. SAFETY DATA COLLECTION PROGRAM FOR CERTAIN 6-AXLE VEHICLES.
Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(x) Pilot Program for Safety Data Collection on Certain 6-Axle
Vehicles.--
``(1) General authority.--Not later than 30 days after the
date of enactment of this subsection, the Secretary shall
establish a pilot program (referred to in this subsection as
the `pilot program') under which States selected by the
Secretary under paragraph (2) may allow covered 6-axle vehicles
to be operated on the Interstate System in the State.
``(2) Selection of states for the program.--
``(A) Initial application.--Beginning on the date
that is 30 days after the date of enactment of this
subsection, a State seeking to participate in the pilot
program shall submit an application to the Secretary in
electronic form, containing such administrative
information as the Secretary may require, including a
certification that the State will have the authority
pursuant to State law to implement the pilot program.
``(B) Selection.--The Secretary shall select for
the pilot program, on a rolling basis, States that
submit a completed application under subparagraph (A).
``(C) Election to no longer participate.--If a
State elects to no longer participate in the pilot
program, the State shall notify the Secretary of such
election.
``(3) Means of implementation.--
``(A) In general.--To be eligible to participate in
the pilot program, a State shall agree to implement the
pilot program through the issuance of permits per
vehicle or group of vehicles with respect to covered 6-
axle vehicles.
``(B) Permit.--A permit described in subparagraph
(A) shall--
``(i) describe the Interstate System routes
that may be used while operating at greater
than 80,000 pounds gross vehicle weight in a
covered 6-axle vehicle; and
``(ii) require the permit holder to report
to the State, with respect to such permit
holder--
``(I) each accident (as such term
is defined in section 390.5 of title
49, Code of Federal Regulations, as in
effect on the date of enactment of this
subsection) that occurred in the State
involving a covered 6-axle vehicle on
the Interstate System in the State;
``(II) the estimated gross vehicle
weight of each covered 6-axle vehicle
at the time of an accident described in
subclause (I); and
``(III) the estimated miles
traveled by covered 6-axle vehicles on
the Interstate System annually.
``(C) Safety equipment incentive.--
``(i) Fee reduction.--With respect to any
fee associated with a permit under this
paragraph, the State shall reduce the fee
otherwise applicable to a vehicle by 67 percent
if the vehicle is equipped with an automatic
emergency braking system, including such
systems in use on the date of enactment of this
subsection.
``(ii) Group of vehicles.--As applied to a
permit for a group of vehicles, the reduction
under clause (i) shall only apply with respect
to individual vehicles in the group that are
equipped with an automatic emergency breaking
system, including such systems in use on the
date of enactment of this subsection.
``(4) Other authorizations not affected.--This subsection
shall not restrict--
``(A) a vehicle that may operate under any other
provision of this section or another Federal law; or
``(B) a State's authority with respect to a vehicle
that may operate under any other provision of this
section or another Federal law.
``(5) No highway funding reduction.--Notwithstanding
subsection (a), funds apportioned to a State under section 104
for any period may not be reduced because the State authorizes
the operation of covered 6-axle vehicles within such State in
accordance with this subsection.
``(6) Annual report.--Not later than the first March 1
after the date of enactment of this subsection, and annually
thereafter, a State participating in the pilot program shall
submit to the Secretary with respect to the previous calendar
year, a report on--
``(A) the number of accidents (as such term is
defined in section 390.5 of title 49, Code of Federal
Regulations (as in effect on the date of enactment of
this subsection)) that occurred in the State involving
covered 6-axle vehicles on the Interstate System in the
State;
``(B) the estimated gross vehicle weight of each
such vehicle at the time of the accident in the State
described in subparagraph (A); and
``(C) the estimated miles traveled by such vehicle
on the Interstate System in the State.
``(7) Termination of pilot program.--
``(A) In general.--Except as provided in
subparagraph (B), the pilot program shall terminate on
the date that is 10 years after the date of enactment
of this subsection.
``(B) Additional application; continuation of
authority.--For a period of 10 years beginning on the
date described in subparagraph (A), the Secretary may
continue the pilot program with respect to each State
in the program, upon the application of a State and
after consideration of--
``(i) the actual experience of the State
under the pilot program; and
``(ii) any documents or other material
submitted by the State in support of such an
application.
``(8) Covered 6-axle vehicle defined.--In this subsection,
the term `covered 6-axle vehicle' means a vehicle--
``(A) equipped with 6 or more axles;
``(B) for which the weight--
``(i) on any single axle of the vehicle
does not exceed 20,000 pounds, including
enforcement tolerances;
``(ii) on any tandem axle of the vehicle
does not exceed 34,000 pounds, including
enforcement tolerances; and
``(iii) on any group of three or more axles
of the vehicle does not exceed 45,000 pounds,
including enforcement tolerances;
``(C) for which the gross weight does not exceed
the lesser of--
``(i) 91,000 pounds, including enforcement
tolerances; and
``(ii) the maximum permitted by the bridge
formula under subsection (a); and
``(D) that is not a longer combination vehicle, as
such term is defined in subsection (d)(4).''.
SEC. 9. HAULERS OF AGRICULTURE AND LIVESTOCK SAFETY ACT.
(a) Transportation of Agricultural Commodities and Farm Supplies.--
Section 229 of the Motor Carrier Safety Improvement Act of 1999 (49
U.S.C. 31136 note; Public Law 106-159) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A) by
striking ``during planting and harvest periods, as
determined by each State,''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) drivers transporting agricultural commodities
within a 150 air-mile radius from--
``(i) the source of the agricultural
commodities; or
``(ii) the destination of the agricultural
commodities;''; and
(2) in subsection (e)(8) by striking ``during the planting
and harvesting seasons within each State, as determined by the
State, and livestock feed at any time of the year'' and
inserting ``and livestock feed''.
(b) Definition of Agricultural Commodity.--
(1) In general.--Section 229(e) of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C. 31136 note; Public Law 106-
159) is amended by striking paragraph (7) and inserting the
following:
``(7) Agricultural commodity.--The term `agricultural
commodity' has the meaning given the term in section 395.2 of
title 49, Code of Federal Regulations (or a successor
regulation).''.
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
revise the definition of the term ``agricultural commodity'' in
section 395.2 of title 49, Code of Federal Regulations, to
include--
(A) any nonprocessed product planted or harvested
for food, feed, fuel, or fiber;
(B)(i) any nonhuman living animal, including--
(I) fish;
(II) insects; and
(III) livestock (as such term is defined in
section 602 of the Emergency Livestock Feed
Assistance Act of 1988 (7 U.S.C. 1471); and
(ii) the nonprocessed products of any nonhuman
living animal, including--
(I) milk;
(II) eggs; and
(III) honey;
(C) nonprocessed forestry, aquacultural,
horticultural, and floricultural commodities;
(D) fresh or minimally processed fruits and
vegetables, including fruits and vegetables that are
rinsed, cooled, cut, ripened, or otherwise minimally
processed, as determined by the Secretary;
(E) animal feed, including the ingredients of
animal feed; and
(F) any additional agricultural or forest product,
whether unprocessed or processed, including paper and
packaging products and food and beverage products.
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