2020.5.20 DRAFT COMMISSION MEETING MINUTES

Submitted by Sandra Shelton on Mon, 08/10/2020 - 9:23am
Release Date: 
08/10/2020

OKLAHOMA AERONAUTICS COMMISSION SPECIAL MEETING
WEDNESDAY, MAY 20, 2020, AT 10 AM
VIDEOCONFERENCE AND TELECONFERENCE
DRAFT MINUTES
1. ANNOUNCEMENT OF COMPLIANCE WITH THE OPEN MEETING ACT, FILING OF MEETING NOTICE, AND POSTING OF THE AGENDA — Chairman Dave Amis, III, Victor Bird, Director, Oklahoma Aeronautics Commission.
Director Victor Bird confirmed that pursuant to the Open Meeting Act, as amended by Senate Bill 661, this meeting was held way of videoconference and teleconference only. Commissioners participated in the meeting by videoconference via a unique URL specifically that allowed them to be viewed and view each other, listen, comment, and ask questions. There was no physical site for this special meeting. There were three options for the public to access this special meeting: online at https://video.ibm.com/channel/CKEfwftDGHz or https://odot.zoom.us/j/95865144858?pwd=Y3RzZXlvM3cvN0pRQWhkY3AyRmFhdz09, or by phone at 1-408-638-0968, meeting number 958 6514 4858, password: 05202020.
The public accessed the meeting agenda and materials relied upon by the Commissioners at www.oac.ok.gov.
The public access was monitored by the Commission to ensure that if the audio connection of any Commissioner was lost or interrupted, the meeting would have been stopped and not resumed until an audio connection was restored. This meeting was electronically recorded, and the recording is available at https://www.youtube.com/watch?v=XT9OcdeT6i4. The meeting began at 10:00 a.m. CST
2. CALL TO ORDER AND RECORDING OF MEMBERS PRESENT AND ABSENT — Chairman Dave Amis, III and Andrea Post, Executive Assistant to Director Bird
Andrea Post, Assistant to the Director, called the roll.
Present Dave Amis III Chairman (District 5)
Jim Putnam Vice Chairman (At-Large)
Jerry Hunter Secretary (At-Large)
Kevin Potter Commissioner (District 1)
David Conway Commissioner (District 2)
Absent Michael Ray Commissioner (District 3)
Lindy Ritz Commissioner (District 4)
Chairman Amis declared a quorum and called the meeting to order at 10:01 a.m. CST.
3. APPROVAL OF THE MINUTES OF THE AERONAUTICS COMMISSION MEETING FROM APRIL 22, 2020 — Chairman Dave Amis, III
Oklahoma Aeronautics Commission | May 20, 2020 | Commission Meeting 2
Action Required
Commissioner Putnam made a motion to accept the minutes from the April 22, 2020 meeting;
Commissioner Conway seconded the motion.
Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Abstained - None
The motion carried 5-0.
4. DIRECTOR’S REPORT - Director Victor Bird
A. Commission staff teleworking and return to the physical office
Director Bird reported that Oklahoma Aeronautics Commission (OAC) staff had been
successfully teleworking since March 16, 2020, and that there would be a phased-in
approach consistent with the Governor Stitt’s OURS (Open Up and Recover Safely) Plan to
return to the office beginning on June 1, 2020.
B. Oklahoma Airport Grants under the Federal CARES Act
Director Bird described the funding eligibility for funding of Oklahoma Airports. The CARES
Act made $42 million available to the 99 NPIAS airports in Oklahoma’s airport system, with
commercial airports receiving the most relief. He reminded Commissioners that funding for
airports was not originally included in the CARES Act and thanked the Oklahoma delegation
for support of these funds. He explained eligibility for relief depending on airport classification
and noted around 65% of eligible Oklahoma airports have applied for CARES Act grants,
and around 50% of these applicants have received grant offers. There is no state match
required for these funds.
C. Status of Aviation/Aerospace, and Airport Industries
Director Bird reported on the commercial air transport industry. He mentioned projections of
loss of revenue to major airlines range from $30-50 million per day since passenger counts
are down 94% and approximately half of commercial planes are parked, but that American
Airlines is still intending to invest over $500 million in the Tulsa Aircraft Maintenance Base.
Airport revenues are down as much as 70%. General aviation operations are also down
70%, highlighting the need for additional relief and future recovery.
D. Partnering with Commerce Department and Local Economic Development
Director Bird reported that OAC was working on over four projects with the Commerce
Department and local economic development. Past projects through this partnership include
the $2.5 million investment to extend the runway at Enid Woodring Regional Airport, the
grant to the Oklahoma City Will Rogers Airport for work on the AAR hangars, aviation
tradeshow partnerships, and work on the legislation for engineer tax credits for aerospace.
E. Emerging Aviation Technologies Task Force
OAC is participating and working along with and with the support of Secretary Gatz of the
Oklahoma Department of Transportation and Secretary Kouplen of the Oklahoma
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Department of Commerce to develop this task force to address technologies such as unmanned aircraft systems, solar and battery-powered aircraft, urban air mobility vehicles, vertiports, and more. The goal of the Task Force is to foster an environment to allow these technologies to flourish in Oklahoma while balancing the interests of protecting the public.
Commissioner Putnum expressed concerns about airlines and the safety of passengers on commercial flights. Director Bird noted that many major airlines are requiring the use of masks and that many are conducting temperature checks, but that airlines are seeking a national standard. Commissioner Potter stated that the airlines are not helping themselves and asked to if it was possible to assist the maintenance base. Director Bird mentioned that it is unlikely that more federal aid will be provided to airlines and that a merger among legacy carriers may occur.
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5. LEGISLATIVE, CONGRESSIONAL AND REGULATORY UPDATE — Director Bird
Director Bird briefed the Commissioners on state legislation. He reported that both the Oklahoma House and Senate are currently in adjournment but have not sine die (final) adjourned; however, neither is expected to reconvene before sine die. All OAC legislation from this session, including SB 1157, SB 1489 and 1896, SB 1461, SB 1826, and SB 1553, had good support in the Senate but currently remain inactive. OAC plans to try again next legislative session.
For legislation related to Unmanned Aerial Systems (UAS, or drones), Director Bird has assessed that the reasonable expectation for right to privacy has been reduced already due to prevalence in digital device use. Director Bird plans to emphasize to the Task Force to balance development of new technologies while respecting the existing laws on trespassing and surveillance that already covers privacy concerns and may be adapted to apply to use of UAS.
Director Bird also said that the legislature has completed a budget. Funds for the State budget were not taken out of OAC’s account this year, but $180 million was taken from the Oklahoma Department of Transportation. The OAC does not have financial reserves but has committed its funds.
Commissioner Putnam asked if the legislature might reconvene, but the Director replied that it was unlikely unless the Governor vetoes something that the legislature disagrees with.
Director Bird reported that at the Federal/Congressional level, the United States Senate Commerce Committee held a hearing, and that many alphabet groups representing the aviation and aerospace industry including AAAE, Airlines 4 America, and the Aerospace Industries Association testified. At the Federal level, there were still advocacy efforts for relief from fuel taxes, a suspension of which has already been granted for commercial airlines. This fuel tax relief has reduced the Aviation Trust Fund from around $16 billion to around $0. The House passed the HEROES Act which authorized an appropriation from the general fund to the Aviation Trust Fund to offset the loss with an estimated result in $3.35 billion, but this bill is unlikely to be approved by the Senate. Legislative efforts are underway to suspend aviation fuel tax collections at general aviation airports through the end of the year.
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6. APPROVAL TO FILL POSITION – Director Bird
Director Bird requested approval to fill a part-time Aerospace and Aviation Education Program Manager position. Previous OAC employee Adam Fox had been fulfilling these duties, and Grants Administrator Michelle Bouziden currently handles them. The position
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would be approximately 20 hours per week and would allow the pursuit of external grants and additional support along with more focused tracking of program outcomes. Commissioner Putnam asked if there were any concerns about the budget related to the position. Director Bird reported that the Commission had not yet seen a negative impact on OAC’s budget and that funds were available for the position.
Action Required
Commissioner Putnam made a motion to authorize the Director to fill a part-time Aerospace and Aviation Education Program Manager position at OAC. Commissioner Conway seconded the motion.
Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Abstained - None
The motion carried 5-0.
7. FINANCIAL REPORT — Chris Wadsworth, Finance and Office Manager
Chris Wadsworth, Finance and Office Manager, briefed the Commission on the current budget figures for Fiscal Year 2020 (FY20). Wadsworth said as of April 30, 2020, the Commission had an ending cash balance of ~$4.5 million with encumbrances totaling just over $5.4 million. He said the estimated revenues for the remainder of FY20 total $3.5 million, which would leave an estimated cash balance of approximately $2.6 million at the end of this fiscal year. He said FY20 remaining total expenditures in the airport construction that could be incurred total $2.6 million, provided funds are available to proceed and grants are approved. Total expenditures for FY20 are $4.8 million. Total statutory revenues in April 2020 were $69,547.91, and May’s total was $506,851.74. Total statutory revenues deposited during FY20 through the end of May were $4.31 million, which compared to $4.38 million at the same time last year. Chris stated that the agency is continuing to watch for a decline in revenues due to the financial impact of the COVID-19 and the drop in oil prices. Chris reported that the revenues are about $1,000,000 less this year than the three-year average during the same time frame. Director Bird asked there were any issues with the cap on collections from Aircraft Excise Tax, and Chris replied that it would take close to unprecedented revenue for OAC to meet the balance.
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8. COMMITTEE ON THE PILOT SHORTAGE – Commissioner Jim Putnam and Deputy
Director Grayson Ardies
Deputy Director Ardies announced that the beta version of the “Become a Pilot” portal of the website is up and running at https://oac.ok.gov/becomeapilot and encouraged the
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Commissioners to look at the page and provide feedback. He mentioned he would conduct a more thorough “walk-through” of the site at a future in-person Commission meeting. Deputy Director Ardies explained that the site has lots of resources on how to become a pilot, including educational programs at different levels, study materials, scholarship information and more. The goal of the website was to become a clearinghouse of information about how to become a pilot. The information currently on the site is being fine-tuned, and OAC staff have met with the Spartan School of Aeronautics in Tulsa and is visiting with local universities. Press releases about the site are pending.
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9. FIVE-YEAR AIRPORT CONSTRUCTION PROGRAM – Grayson Ardies
Deputy Director Ardies mentioned that OAC is planning and programming for upcoming projects, and that since the March meeting, an extra year has been added to the Fiscal Year 2021 - 2025 Airport Construction Program (ACP). He reported that no official public comments were received related to the draft ACP, though he did field a couple questions from airport sponsors. He clarified that if a project is conducted between an airport and the FAA without sponsorship from OAC, the project will not appear in OAC’s ACP. Changes to the draft ACP since March include the following:
• Rehabilitating the main apron and constructing a taxilane at Duncan Halliburton Field Airport (E/W taxilane S. of Hangar) to stimulate economic development. Total project costs are just over $1.1M with $475,000 of this from OAC. The rest of the costs are covered through NPE, FAA, and local funds.
• Constructing a taxilane at Elk City Regional Business Airport. There is both public and private interest in building hangars and the area is seeing lots of growth. Total costs just under $800,000 with $450,000 of this from OAC. The rest of the costs are covered through NPE, FAA, and local funds.
Grayson also reviewed the Airport Construction Program changes due to the CARES Act covering FY2020 AIP Grants at 100% federal share and exempting the State of Oklahoma/OAC from the usual 5% match. These changes include:
• Rehabilitation of runway pavement and installation of new LED lights and signs at Ardmore Downtown Executive Airport – FAA AIP $900,000; CARES $100,000; savings to OAC is $50,000.
• Reconstruct a portion of the old runway into the parallel taxiway system at the Jones Memorial Airport, Bristow – FAA AIP $2,450,000; CARES $272,222; savings to OAC is ~$136,000.
• Rehabilitate and improve drainage for runway 17/35 at Ponca City Regional Airport – FAA AIP $6,750,000; CARES $750,000; savings to OAC is $375,000.
• Extend the parallel taxiway 1,600’ and rehabilitate the existing taxiway at Mid-America Industrial Airport – FAA AIP $1,350,000; CARES $150,000; savings to OAC is $75,000.
• Construct a new hangar taxilane area for Phase 1 of the Parallel Taxilane Realignment project at Seminole Municipal Airport – FAA AIP $450,000; CARES $50,000; savings to OAC is $25,000.
• Rehabilitate runway 17/35 and parallel taxiway system at Shawnee Regional Airport – FAA AIP $1,515,000; CARES $50,000; savings to OAC is $25,000.
• Reconstruct runway 17/35 and the connecting taxiways and install LED runway lights – FAA AIP $1,800,000; CARES $200,000; savings to OAC is $100,000.
• Conduct preliminary engineering studies at various locations within the Oklahoma Airport System – FAA AIP $327,792; CARES $36,422; savings to OAC $18,211.
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• Oklahoma Airport System Plan Phase 2 – FAA AIP $199,632; CARES $22,182; savings to OAC is $11,091.
Chairman Amis asked how funds are protected from seizure by the Legislature, and Director Bird stated that since OAC’s money is committed and even overcommitted to projects, there was nothing to spare in OAC’s revolving fund.
Deputy Director Ardies noted that if an FY19 grant was issued last year and the project rolled through the winter, the FAA CARES Act operational money can be used to help make the sponsor match. He then provided a quick review of projects that had not changed the FY2021-2025 ACP as it was presented at the March 2020 OAC meeting (posted on the OAC website at: https://oac.ok.gov/airports/airport-construction-program).
Chairman Amis asked how many terminals have been built, and Grayson confirmed that the ACP provides for one per year, with seven already complete and five per cycle for a total of thirteen at the end of FY25. Director Bird confirmed that OAC’s maximum contribution for a terminal is $500,000, and that the local sponsor invests much more in most cases.
Action Required
Commissioner Conway made a motion to approve the FY 2021-2025 Airport Construction Program. Commissioner Putnam seconded the motion.
Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Abstained - None
The motion carried 5-0.
10. AIRPORT CONSTRUCTION GRANT PROGRAM CONSENT DOCKET — Grayson Ardies
Deputy Director Ardies reviewed the items on the ACP Grant Program consent docket including:
A. An amendment to State Grant 404-18-FS at Idabel McCurtain County Regional Airport, which was previously approved by the Commission but has longer construction times due to weather, so the request is to move construction costs. The change does not increase OAC’s share of $153,623.
B. Design phase costs for LED runway lights and PAPI’s in the approved ACP for Seminole Municipal Airport with a total project cost of $65,000 funded with $61,750 in state funds and $3,250 in sponsor matching funds.
C. A new state grant for an Omni-Directional Approach Lighting System (ODALS) at Alva Regional Airport with approval contingent on receiving funds an acceptable grant application. The total estimated project cost is $268,451.57 and will be funded with $255,028.49 in state funds and $13,423.08 in matching sponsor funds.
D. Rehabilitation of the runway, connector taxiway, apron pavements, and new LED runway
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lights at Chattanooga Sky Harbor Airport funded with a total project of cost of $496,854.75 to be funded with $472,012 of state funds and $24,842.75 of sponsor matching funds. Approval is contingent upon receipt of an acceptable grant application.
E. Rehabilitation of the Automated Weather Observation System (AWOS) at Idabel McCurtain County Regional Airport contingent on receipt of an acceptable grant application. The total project cost is estimated at $187,919 funded with $178,523 of state grant funds and $9,396 of sponsor matching funds.
Action Required
Commissioner Potter moved to approve items A, B, C, D, and E of the consent docket as presented. Commissioner Putnam seconded the motion.
Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Abstained - None
The motion carried 5-0.
11. CARES ACT GRANT OFFERS – Grayson Ardies
Deputy Director Grayson Ardies reported that OAC applied to the FAA for CARES Act Grants for Carlton Landing Field, Fountainhead Lodge, and Lake Texoma State Park, and that the FAA has made grant offers for $1,000 to each of these airports for a total of $3,000.
Action Required
Commissioner Conway made a motion to approve accepting FAA CARES Act Grant Offers of $1,000 for Carlton Landing Field Airport, $1,000 for Fountainhead Lodge Airpark, and $1,000 for Lake Texoma State Park Airport. Commissioner Putnam seconded the motion.
Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Abstained - None
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The motion carried 5-0.
12. VARIOUS LOCATIONS GRANTS – Grayson Ardies
Deputy Director Ardies spoke about various locations grants. He said all projects are in the ACP from FY22-25 and include Preliminary Engineering Reports (PER) at Ada Municipal Airport, Alva Regional Airport, Clinton Regional Airport, and R. L. Jones (Tulsa) Airport; National Environmental Policy Act (NEPA) documentation at Fairview Municipal Airport; and accepting a FAA grant offer. The approval is contingent upon FAA making a grant offer. The estimated cost of the project is $364,214 and will be funded with $364,214 of federal grant funds with no OAC match due to the CARES Act. He mentioned that OAC will come back to the Commission for approval of the contracts for these projects when the contracts are ready.
Action Required
Commissioner Putnam made a motion to grant approval to allow staff to move forward in accordance with Title 3, Section 85 of Oklahoma State Statutes and act as an agent for the cities for the development of PER at Ada Municipal Airport, Alva Regional Airport, Clinton Regional Airport, and R. L. Jones (Tulsa) Airport; National Environmental Policy Act (NEPA) documentation at Fairview Municipal Airport, and accepting a FAA grant offer contingent upon FAA making a grant offer. Commissioner Conway seconded the motion.
Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Abstained - None
The motion carried 5-0.
13. OKLAHOMA AIRPORT SYSTEM GRANT PHASE 2 — Grayson Ardies
Deputy Director Ardies noted that the Phase 1 grant was accepted last fall but did not provide all the funds necessary for the Airport System Plan update. This Phase 2 grant will be 100% funded with no OAC match required due to the CARES Act and will furnish $221,814 in federal grant funds. Permission to accept the grant is contingent upon an FAA grant offer to OAC.
Action Required
Commissioner Potter made a motion to grant approval to accept a system planning grant to fund phase two of the Oklahoma Airport System Plan Update, contingent upon an FAA grant offer, with a total project cost for this phase is estimated to be $221,814 to be funded with $221,814 of federal grant funds. Commissioner Putnam seconded the motion.
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Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Abstained - None
The motion carried 5-0.
14. OKLAHOMA AIRPORT SYSTEM PLAN UPDATE – Grayson Ardies
Deputy Director Ardies explained that the Oklahoma Airport System Plan was created in 1999 by the Texas Transportation Institute and previous OAC staff member Dale Williams. The Airport System Plan is a plan to develop or remove airports from the system, including NPIAS airports as well as others, for the next 20 years with a focus on infrastructure items. However, an update to the Plan is needed, as many of the projects from 1999 have been completed, and there may be opportunities for Unmanned Aerial Systems, navigation and electrical systems, runway changes, and more. The update to the Oklahoma Airport System Plan will examine roles of airports in the system and how these airports meet the needs of the state and communities in the state. OAC issued a Request for Proposals, selected a consultant, and negotiated a scope and fee for the project. The total cost of the project will be $667,000 with funding from the FAA. The vote will be to authorize the Director to sign the agreement with the selected consultant for the project. Vice Chairman Putnam asked how long the update to the System Plan would take. Deputy Director Ardies reported that the project is estimated to take 18 months, give or take four months, and will include a survey of airports, discussion of base of operations along with past and future operations. In the past, the project research phase included regional planning meetings. Commissioners will be welcome to join planning meetings. Director Bird noted that the existing System Plan had internal adjustments in 2005 and 2007, and that most peer states update their system plans every five to ten years.
Chairman Amis expressed that he applauded the OAC staff for their efficiency.
Action Required
Commissioner Putnam moved to approve a contract with the selected consultant for the new Oklahoma Airport System Plan. Commissioner Conway seconded the motion.
Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Oklahoma Aeronautics Commission | May 20, 2020 | Commission Meeting 10
Abstained - None
The motion carried 5-0.
15. AVIATION EDUCATION GRANT PROGRAM – Grayson Ardies and Michelle Bouziden, Grants Administrator
Deputy Director Ardies said that the Oklahoma CareerTech Foundation Oklahoma Education and Industry Partnerships (OEIP) program began through General/Secretary Robinson and provides teachers with a full day of training by aviation professionals so that teachers can take the opportunities in aviation and aerospace curriculum back to their classrooms. The scope of this year’s event is transitioning to virtual online sessions rather than in-person training at the cost of $3,700 rather than $10,000 that was originally approved by OAC.
Action Required
Commissioner Conway moved to approve a program scope change to a previously approved aerospace and aviation education grant for the Oklahoma CareerTech Foundation Oklahoma Education and Industry Partnerships, transitioning the in-person events to online virtual sessions. Commissioner Potter seconded the motion.
Andrea Post called the roll and recorded the votes as follows:
Ayes - Chairman Amis
Vice Chairman Putnam
Secretary Hunter
Commissioner Potter
Commissioner Conway
Nays - None
Abstained - None
The motion carried 5-0.
16. CONCLUDING REMARKS REGARDING AGENDA ITEMS — Director Bird and Commissioners
Director Bird thanked Secretary Gatz and the staff of the Oklahoma Department of Transportation for their support and for his audio and visual staff to host the OAC meeting by videoconference and teleconference. He also expressed appreciation to Jamey Jacob and others for their knowledge about drones.
Chairman Amis mentioned that an A-26 Invader aircraft is being restored at Guthrie-Edmond Regional Airport, and that the first flight will be happening soon.
17. ANNOUNCEMENT OF NEXT MEETING — Chairman Dave Amis, III
Chairman Amis announced the next Commission meeting would be July 8, 2020 at 10:00 a.m. The place and forum would be determined.
18. ADJOURNMENT
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Chris Wadsworth reported that the public audio connection throughout the meeting was monitored and was reported the connection was maintained throughout the meeting.
Director Bird reported the time was 11:29 a.m. and the Commission was ready to conclude this meeting by videoconference and teleconference.
Chairman Amis declared the meeting adjourned at 11:29 a.m. CST.
5:30 PM
6.4.2020

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2020.5.20 DRAFT COMMISSION MEETING MINUTES
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