[32 Pa.B. 1611]
[Continued from previous Web Page] § 11.209. Miscellaneous activities.
(a) The following activities are prohibited without written permission of the Department:
(1) Engaging in construction or excavation.
(2) Moving, removing, damaging or defacing a Department sign, structure, facility or equipment.
(3) Possessing, discharging or causing to be discharged a firecracker, explosive, torpedo, rocket or other pyrotechnical material.
(4) Using a chain saw.
(5) Engaging in commercial activity.
(6) Posting or displaying a sign or printed matter.
(7) Soliciting funds.
(8) Removing or disturbing an historical or archeological artifact, relic or object.
(9) Bringing an animal, other than a pet as provided in § 11.212 (relating to pets), and other than a horse as provided in § 11.216 (relating to general recreational activity; horses; snowmobiles; all terrain vehicles; mountain bikes), into a State park.
(b) The following are prohibited:
(1) Failing to comply with a condition of a permit issued by the Department.
(2) Possessing, selling or consuming an alcoholic beverage except at specially designated facilities operated or leased by the Department.
(3) Causing or creating a noise which would likely annoy or disturb a reasonable person of normal sensitivities.
(4) Obstructing or impeding persons or vehicles, or subjecting persons to unwanted physical contact or unwanted verbal behavior.
(5) Failing to fully cover with opaque clothing one's genitals, pubic area, buttocks or female breast below the top of the nipple.
(6) Storing or leaving food in a manner that is reasonably likely to attract wildlife.
§ 11.210. Fires.
The following activities are prohibited without written permission of the Department:
(1) Starting or maintaining a fire except in a fireplace, grill, stove or other facility designated by the Department for campfires.
(2) Leaving a fire unattended.
(3) Disposing hot charcoal except in a facility designated by the Department for charcoal disposal.
§ 11.211. Natural resources.
The following activities are prohibited without written permission of the Department.
(1) Cutting, picking, digging, damaging or removing, in whole or in part, a living or dead tree, shrub or plant. However, the following activities are permitted:
(i) Gathering edible fruits, nuts, berries and fungi, in reasonable amounts, for one's own personal or family consumption. This permission does not apply to wild plants listed in Chapter 45 (relating to conservation of Pennsylvania native wild plants) as threatened, endangered, rare or vulnerable.
(ii) Gathering dead and down wood for use within the State park in a fireplace, grill, stove or other facility designated by the Department for campfires.
(2) Damaging, defacing, cutting or removing rock, shale, sand, clay, soil or other mineral product, natural object or material.
(3) Planting a seed, tree, shrub or plant.
(4) Feeding wildlife.
(5) Releasing an animal that was brought into a State park.
§ 11.212. Pets.
(a) This section does not apply to a guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability.
(b) An owner, keeper or handler of a pet may keep the pet in a State park only in accordance with subsections (c)--(e) and only under the following conditions:
(1) It is on a leash or is in a cage or crate. If a maximum length of leash is specified by posting, the leash may not exceed the length specified.
(2) It is attended and under physical control of an individual.
(3) It does not behave in a manner that may reasonably be expected to disturb or intimidate another person.
(4) It does not behave in a manner that may cause damage to property or resources.
(5) Its droppings are disposed of in trash receptacles or outside the park.
(6) It has been licensed and vaccinated as required by law.
(c) A pet is not permitted in a designated swimming area.
(d) A pet is not permitted in an overnight area unless the area is designated by the Department for pets.
(e) A pet is not permitted in a building.
(f) Subsection (b)(1)--(5) does not apply to a dog being used by a person engaged in hunting or training as provided in § 11.215 (relating to weapons and hunting).
§ 11.213. Organized events; public assemblies; distribution of printed matter.
(a) Activities. Engaging or participating in any of the following activities is prohibited without written permission of the Department:
(1) An exhibition, competition or organized event.
(2) A public assembly, meeting, gathering, demonstration, parade or other public expression of views.
(3) Distribution of printed matter.
(b) Application. An application for a permit to engage in an activity listed in subsection (a) shall be delivered to the park manager at least 24 hours before the activity on a form prescribed by the Department and shall include a copy of any printed matter to be distributed.
(c) Departmental review. The Department will grant or deny a permit without unreasonable delay. A denial of a permit will specify the grounds for denial.
(d) Grounds for denial. Any of the following will justify denial of a permit:
(1) A prior application for a permit for the same time and place has been made that has been or will be granted and the activities authorized by that permit do not reasonably allow multiple occupancy of the particular area.
(2) It reasonably appears that the activity will present a clear and present danger to public health or safety.
(3) The activity is of a nature or duration that it cannot be accommodated without causing injury or damage to park resources.
(4) The activity is of a nature or duration that it cannot be accommodated without unreasonably interfering with a protected area's peace and tranquility, the use of the State park by other visitors, program or administrative activities, the operation of public use facilities or the provision of services by State park concessionaires or contractors.
(e) Conditions. A permit issued under this section may contain conditions consistent with the considerations in subsection (d).
§ 11.214. Waste.
The following activities are prohibited:
(1) Depositing, dumping or causing to be deposited or dumped, litter, trash, refuse, garbage, bottles, pollutants or any other substance, liquid or waste, including sewage, sink water or bath water, except in receptacles or facilities provided by the Department for this purpose and in accordance with any posted instructions.
(2) Disposing material that was not accumulated during use of a State park.
§ 11.215. Weapons and hunting.
The following activities are prohibited without written permission of the Department:
(1) Hunting, pursuing or intentionally disturbing woodchucks, also known as groundhogs. Paragraph (2) does not apply to this activity.
(2) Hunting, pursuing or intentionally disturbing wildlife unless:
(i) The person engaging in the activity is licensed by the Game Commission to hunt and is engaged in hunting in accordance with the Game and Wildlife Code.
(ii) The activity takes place in an area designated by the Department for hunting. At Presque Isle State Park, waterfowl hunting may take place only from a facility designated by the Department as a waterfowl blind, and shooting shall be directed away from State park land and over the adjacent waters.
(iii) The activity takes place during hunting season as established by the Game Commission.
(iv) The firearm, archery equipment or other device used for this activity is lawful for hunting under the Game and Wildlife Code. A device operated by air, chemical or gas cylinder by which a projectile can be discharged or propelled is not lawful for hunting under the Game and Wildlife Code.
(3) Using a device, including a firearm, archery equipment, or slingshot, that is capable of discharging or propelling a projectile, except as provided in paragraph (2) or (7).
(4) Possessing an uncased device, or uncasing a device, including a firearm, archery equipment, or slingshot, that is capable of discharging or propelling a projectile, except as provided in paragraph (2) or (7), or except in the owner's building on a leased campsite, in the owner's residence, or in the owner's vehicle or trailer.
(5) Failing to keep a device, including a firearm, archery equipment, or slingshot, that is capable of discharging or propelling a projectile, in the owner's building on a leased campsite, in the owner's residence or in the owner's vehicle or trailer. This prohibition does not apply to either of the following:
(i) A person licensed by the Game Commission to hunt, and in possession of a device that is lawful for hunting under the Game and Wildlife Code, during hunting season as established by the Game Commission, in a State park open for hunting.
(ii) A person engaged in target-shooting under paragraph (7).
(6) The trapping of wildlife. This prohibition does not apply to a person licensed by the Game Commission to engage in trapping, during trapping season as established by the Game Commission, in an area designated by the Department for hunting.
(7) Target-shooting with a device, including a firearm, archery equipment or slingshot, capable of discharging or propelling a projectile, except in an area designated by the Department for this purpose and in accordance with posted requirements and restrictions.
(8) Dog training, except from the day following Labor Day through March 31, in an area designated by the Department for hunting.
§ 11.216. General recreational activity; horses; snowmobiles; all-terrain vehicles; mountain bikes.
(a) General recreational activity. Outdoor recreational activity is restricted to locations at which physical improvement or posting designates the appropriate purpose and use and to the requirements in subsections (b)--(e).
(b) Horses.
(1) Subject to paragraph (4), a horse is permitted only on the right side of a State park road open to motor vehicles or on a trail or area posted for horseback riding.
(2) Hitching or confining a horse in a manner that may cause damage to a tree, shrub, improvement or structure is prohibited.
(3) Droppings from hitched or confined horses shall be disposed of outside the State park.
(4) At Presque Isle State Park, a horse is permitted only with written permission of the Department.
(c) Snowmobiles. Use of a snowmobile, as defined in the Vehicle Code, is permitted only as follows:
(1) In accordance with Chapter 77 of the Vehicle Code (relating to snowmobiles and all-terrain vehicles).
(2) On an area, road or trail posted for snowmobiles, or with written permission of the Department.
(3) During the period beginning the day following the last day of antlerless deer season as established by the Game Commission, through the following April 1, unless otherwise posted. For purposes of this paragraph, ''antlerless deer season'' means a regular season or an extended season. If more than one antlerless deer season in a calendar year is established by the Game Commission, then ''the last day of antlerless deer season'' as used in this paragraph means the antlerless deer season that is the latest in the calendar year but that ends prior to December 25.
(d) All-terrain vehicles. Use of an all-terrain vehicle, as defined in the Vehicle Code, is permitted only as follows:
(1) In accordance with Chapter 77 of the Vehicle Code.
(2) On an area, road or trail posted for all-terrain vehicles, or with written permission of the Department.
(e) Mountain bikes. Use of a mountain bike on a trail is permitted only on a trail posted for mountain biking.
§ 11.217. Swimming.
The following are prohibited:
(1) Swimming outside a designated swimming area.
(2) Swimming at other than posted hours.
(3) Use of underwater breathing apparatus or a snorkel. However, with permission of the Department, this equipment may be used by an emergency or rescue unit conducting a rescue operation or training or by a diver certified by an organization approved by the Department.
(4) Possessing or using a glass or breakable container or utensil in a designated swimming area.
(5) Wearing the following:
(i) In a designated swimming area that is a swimming pool, cut-off pants, clothing that may damage the filtration system or pool surface or clothing that may otherwise cause damage or endanger the facility or a visitor.
(ii) In a designated swimming area that is a swimming pool, clothing that is not leak-proof, on an infant or on a child who is not toilet-trained.
(iii) In a designated swimming area, clothing that displays lifeguard lettering or insignia.
(6) The presence of a child under 10 years of age in a designated swimming area unless accompanied and supervised competently and effectively by a person at least 14 years of age. There may be no more than five children under the supervision of one person.
(7) Diving as follows in a designated swimming area:
(i) Running-entry diving.
(ii) Diving from the shoulders of another person.
(iii) Head-first diving from poolside where the water depth is 5 feet or less.
(8) Engaging in the following activities in a designated swimming area unless permitted by posting or by an on-duty lifeguard:
(i) Using or possessing a buoyant device. However, personal flotation devices approved by the United States Coast Guard may be worn.
(ii) Engaging in sports activities, including water polo, volleyball, disc throwing and catch.
§ 11.218. Camping; overnight facilities.
(a) Camping. Placing a tent, shelter, lean-to, sleeping bag, bedding material or mobile camping unit in an area without a valid camping permit for use of that area is prohibited.
(b) Overnight facilities. Placing personal property in, or otherwise using, a cabin, yurt, walled tent, camping cottage or other overnight facility without possession of a valid permit for use of that facility is prohibited.
§ 11.219. Boating.
(a) Applicability. This section applies to the use of watercraft, as defined by section 102 of the Fish and Boat Code (relating to definitions), other than whitewater boating.
(b) General. The following activities are prohibited without written permission of the Department:
(1) Operating watercraft on a body of water not posted as being open for boating.
(2) Operating, using or anchoring watercraft within 100 feet of either a designated swimming area or an area marked by buoys.
(3) Operating or using watercraft in an impoundment, except where the impoundment is designated for boating.
(4) Operating, towing or using any of the following:
(i) Watercraft propelled by air propellers.
(ii) Seaplanes. However, seaplanes may be taxied at a slow minimum-height-swell speed in the waters of Presque Isle State Park for the purpose of access to and egress from the park.
(iii) Water skis, as defined by the Fish and Boat Commission in 58 Pa. Code Chapter 109 (relating to specialty boats and water skiing activities). This prohibition does not apply to the use of conventional water skis in lakes where motorboats with unlimited horsepower are permitted.
(iv) Unseaworthy watercraft.
(v) Novelty-type watercraft.
(vi) An inflatable device except one which is at least 7 feet long, made of durable, reinforced fabric and has at least two separate buoyancy chambers exclusive of an inflatable floor or bottom.
(vii) Equipment or devices not constructed or sold primarily for transportation on water.
(viii) Body boards or surfboards, except where permitted by posting at Presque Isle State Park.
(c) Motorboats. This subsection does not apply to boats used for purposes of State park administration, law enforcement, search and rescue, safety patrol or concessionaire excursions. The following activities are prohibited without written permission of the Department:
(1) Operating a boat powered by one or more internal combustion engines totaling more than the posted maximum horsepower.
(2) Operating a boat powered by an internal combustion engine in waters that are posted as being restricted to electric motor use.
(3) Operating personal watercraft, regardless of horsepower, unless the body of water is posted as being open to motorboats without a limit on horsepower.
(d) Endangerment. Operating or using watercraft in a manner that endangers a person or property is prohibited.
(e) Mooring, anchoring and storing. The following activities are prohibited:
(1) Mooring watercraft at any location without possession of a valid watercraft mooring permit issued by the Department for that location. This prohibition does not apply as provided in subparagraph (ii).
(i) A decal issued by the Department evidencing issuance of the permit shall be affixed aft of amidship on the starboard (right) side of the watercraft.
(ii) At Point State Park, watercraft may be moored along the river wall temporarily during the day. Watercraft may be moored along the river wall overnight only with permission of the Department.
(2) Leaving watercraft in an area designated by the Department for storage without possession of a valid storage permit issued by the Department.
(3) Leaving unoccupied watercraft anywhere in a State park between sunset and 8 a.m., except in accordance with paragraph (1) or (2).
(f) Launching. The following activities are prohibited:
(1) Launching or removing watercraft at a location that is not designated by the Department as a launching site, without written permission of the Department.
(2) Except as provided in paragraph (3), launching watercraft without one of the following:
(i) A valid watercraft launching or mooring permit issued by the Department. If a decal evidencing the issuance of a permit has been provided by the Department, the decal shall be affixed to the watercraft aft of amidship on the starboard (right) side. If another form of evidence of the issuance of a permit has been provided by the Department in lieu of a decal, this evidence shall be carried on the watercraft.
(ii) A valid registration number and validation decal, or a valid use permit, issued and displayed in accordance with 58 Pa. Code Part II (relating to Fish and Boat Commission).
(3) Paragraph (2) does not apply as follows:
(i) Presque Isle State Park. To an operator of watercraft at Presque Isle State Park, unless registration or a use permit is required under 58 Pa. Code Part II. If registration or a use permit is required under 58 Pa. Code Part II, launching watercraft without complying with the regulations is prohibited.
(ii) Pymatuning State Park. To an operator of watercraft at Pymatuning State Park if a valid launching permit has been issued for the watercraft by the State of Ohio.
§ 11.220. Whitewater boating.
(a) General requirements. A person engaging in whitewater boating at Ohiopyle State Park, Lehigh Gorge State Park or McConnells Mill State Park shall comply with the following requirements:
(1) Wear an appropriate-sized United States Coast Guard-approved personal flotation device, Type I, III or V. However, participants in whitewater events approved by the Department and the Fish and Boat Commission may, with written approval of the Department and the Fish and Boat Commission, wear a lifedeck personal flotation device that provides a minimum buoyancy of 6 kilograms (13.5 pounds).
(2) Use one of the following types of watercraft in addition to complying with specific watercraft requirements in subsections (c)--(e):
(i) Noninflatable watercraft that is designed by the manufacturer for whitewater use. Noninflatable canoes and noninflatable kayaks shall have sufficient flotation to ensure that they will float when they are completely full of water.
(ii) Inflatable watercraft that has multiple air chambers of a tough durable construction intended for whitewater use, consists of a tough laminated material and is of commercial grade.
(iii) Other nonmotorized watercraft approved by the Department.
(b) General prohibitions. A person engaging in whitewater boating at Ohiopyle State Park, Lehigh Gorge State Park or McConnells Mill State Park is prohibited from the following:
(1) Using motorized watercraft.
(2) Using watercraft in a manner that endangers a person or property.
(3) Using watercraft before sunrise or after sunset without written permission of the Department.
(4) Using a nonwatercraft device, such as an inner tube or body board, without written permission of the Department.
(5) Possessing or using a glass container.
(c) Ohiopyle State Park. The following rules apply on the Youghiogheny River at Ohiopyle State Park. River levels are measured at the State park's river gauge at the Lower Youghiogheny River launch area.
(1) Lower Youghiogheny River. The Lower Youghiogheny River is the section of the Youghiogheny River between the base of Ohiopyle Falls and the northern-most point of the river that lies within the State park. Persons engaging in whitewater boating on the Lower Youghiogheny River shall comply with the following requirements:
(i) Guided tour or permit. They shall either be part of a guided tour provided by a State park-licensed concession or have a valid whitewater launch permit issued by the Department. Permits may not be transferred, assigned, altered or used to subvert their original intent. During periods when a launch area is not staffed, boaters shall sign the sign-on sheet at the contact station in lieu of obtaining a permit.
(ii) Launch and take-out. Except as provided in clauses (A) and (B), launch of watercraft shall occur only at launch areas designated by the Department and take-out shall occur only at take-out areas designated by the Department.
(A) Watercraft may be launched on tributaries entering the Youghiogheny River downstream from Ohiopyle Falls, with permission of the Department.
(B) Watercraft may be launched at Bruner's Run take-out area for the purpose of boating downstream from Bruner's Run take-out area.
(iii) Watercraft requirements. Except as provided in subparagraph (iv), the following requirements apply to watercraft used on the Lower Youghiogheny River:
(A) At river levels below 3 feet, inflatable watercraft shall be at least 8 feet long and have an outside tube diameter of at least 14 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.
(B) At river levels 3 feet and above but less than 4 feet, inflatable watercraft shall be at least 12 feet long and have an outside tube diameter of at least 16 inches.
(C) At river levels 4 feet and above, watercraft shall be other than commercially-rented watercraft, and inflatable watercraft shall be at least 15 feet long and have an outside tube diameter of at least 18 inches.
(iv) Exceptions to watercraft requirements.
(A) State park-licensed concession watercraft is not subject to subparagraph (iii), but is subject to the terms of the license agreement.
(B) Watercraft, other than commercially-rented watercraft, that is approved by the Department as being high-performance watercraft is not subject to subparagraph (iii) unless posting states otherwise.
(2) Middle Youghiogheny River. The Middle Youghiogheny River is the section of the Youghiogheny River between the Ramcat launch area and the Middle Youghiogheny take-out area upstream of the bike trail bridge in Ohiopyle Borough. Persons engaging in whitewater boating on the Middle Youghiogheny River shall comply with the following requirements.
(i) Launch and take-out. Launch of watercraft shall occur only at launch areas designated by the Department, and take-out shall occur only at take-out areas designated by the Department.
(ii) Watercraft requirements. Except as provided in subparagraph (iii), the following requirements apply to watercraft used on the Middle Youghiogheny River:
(A) At river levels below 3 feet, inflatable watercraft shall be at least 8 feet long and have an outside tube diameter of at least 14 inches.
(B) At river levels 3 feet and above, inflatable watercraft shall be at least 12 feet long and have an outside tube diameter of at least 16 inches.
(iii) Exceptions to watercraft requirements.
(A) Inflatable canoes and inflatable kayaks are not subject to subparagraph (ii).
(B) State park-licensed concession watercraft is not subject to subparagraph (ii), but is subject to the terms of the license agreement.
(C) Watercraft, other than commercially-rented watercraft, that is approved by the Department as being high-performance watercraft is not subject to subparagraph (ii) unless posting states otherwise.
(3) Waterfall running. Waterfall running is prohibited without written permission of the Department.
(d) Lehigh Gorge State Park. The following rules apply on the Lehigh River at Lehigh Gorge State Park. Flow rates are measured at the State park river gauges at the launch area designated by the Department at White Haven and the launch and take-out areas designated by the Department at Rockport and Glen Onoko.
(1) At flow rates less than 250 cubic feet per second, inflatable watercraft shall be at least 7 feet long and have at least two separate air chambers.
(2) At flow rates from 250 cubic feet per second through 1,000 cubic feet per second, inflatable watercraft shall be at least 8 feet long, contain at least three separate air chambers, and have an outside tube diameter of at least 13 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.
(3) At flow rates above 1,000 cubic feet per second through 5,000 cubic feet per second, inflatable watercraft shall be at least 11 feet long, contain at least 3 separate air chambers, and have an outside tube diameter of at least 15 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.
(4) At flow rates above 5,000 cubic feet per second, inflatable watercraft shall be at least 12-1/2 feet long, contain at least 3 separate air chambers and have an outside tube diameter of at least 17 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.
(5) Launch of watercraft shall occur only at launch areas designated by the Department and take-out shall occur only at take-out areas designated by the Department, except with written permission of the Department.
(6) Operation of commercial watercraft is prohibited on the Lehigh River between the Francis E. Walter Dam and the White Haven launch area.
(7) Operation of commercial watercraft is prohibited on the Lehigh River between the White Haven launch area and the Rockport launch and take-out area during the opening weekend of annual trout season, as established by the Fish and Boat Commission, and the following weekend.
(e) McConnells Mill State Park. Inflatable watercraft used on Slippery Rock Creek at McConnells Mill State Park shall be at least 8 feet long and have an outside tube diameter of at least 14 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.
§ 11.221. Special provisions for Point State Park.
The following provisions apply to Point State Park:
(1) Memorials. Memorials may be erected with written permission of the Department to honor those persons and events which symbolize the spirit of the American pioneer and the significance of frontier forts prior to the year 1800.
(2) Portal Arch Bridge. Congregating or loitering on the Portal Arch Bridge is prohibited.
(3) Decorative pools. Swimming, wading or fishing in the reflecting pool or the fountain pool is prohibited.
(4) Recreational equipment. Use of roller skates, skateboards, scooters, bicycles or other wheeled recreational equipment is prohibited, except where posted as being permitted or except with written permission of the Department.
§ 11.222. Special provisions for Presque Isle State Park.
The following provisions apply to Presque Isle State Park:
(1) Visiting after closing. A person who desires to enter the park during a period when the park is closed shall stop at the park ranger office and state his name, address, destination, reason for entering and planned time of departure. Permission to enter the park may be granted if the Department determines that good cause exists for entering the park. This provision does not apply to a park resident or tenant.
(2) Transfer of night parking permit. Lending or transferring a night parking permit is prohibited and will result in cancellation of the permit.
(3) Seining for bait. Seining for bait in designated swimming areas is prohibited.
§ 11.223. Violation of rules regarding conduct in State parks.
Engaging in activity prohibited under the following sections constitutes a summary offense under section 7506 of the Crimes Code (relating to violation of rules regarding conduct on Commonwealth property):
(1) Section 11.208 (relating to schedule; closure).
(2) Section 11.209 (relating to miscellaneous activities).
(3) Section 11.210 (relating to fires).
(4) Section 11.211 (relating to natural resources).
(5) Section 11.212 (relating to pets).
(6) Section 11.213 (relating to organized events; public assemblies; distribution of printed matter).
(7) Section 11.214 (relating to waste).
(8) Section 11.215 (relating to weapons and hunting).
(9) Section 11.216 (relating to general recreational activity; horses; snowmobiles; all-terrain vehicles; mountain bikes).
(10) Section 11.217 (relating to swimming).
(11) Section 11.218 (relating to camping; overnight facilities).
(12) Section 11.219 (relating to boating).
(13) Section 11.220 (relating to whitewater boating).
(14) Section 11.221 (relating to special provisions for Point State Park).
(15) Section 11.222 (relating to special provisions for Presque Isle State Park).
§ 11.224. Prices.
(a) Schedule of prices. The Department will establish, by publication in the Pennsylvania Bulletin, a schedule of prices for activities, uses and privileges.
(b) Reduction or waiver of prices. The Department may reduce or waive prices established under subsection (a) as follows:
(1) For persons who provide a service deemed by the Department to be valuable to the public, the Department or the Commonwealth.
(2) In specific situations in which the Department determines that good customer service or a marketing or promotional benefit to the Department warrants a reduction or waiver.
(c) Prices for goods and services. The Department will set reasonable prices for the sale of goods and services to the public.
[Pa.B. Doc. No. 02-487. Filed for public inspection March 22, 2002, 9:00 a.m.]
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