Mine emergency danger removal and ore mining
Publish: 2021-05-05 00:16:46
1.
< P > those who mine without obtaining a mining license shall enter the state planned mining area without authorization Anyone who mines in a mining area of great value to the national economy or within the mining area of another person, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state, shall be fined less than 50% of the illegal income
According to the provisions of article 343 of the criminal law of the people's Republic of China, those who, in violation of the provisions of the mineral resources law, mine without a mining license, enter the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization shall mine the specific minerals for which protective mining is prescribed by the state without authorization
Those who refuse to stop mining after being ordered to stop mining, thus causing damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; Whoever causes serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined Those who, in violation of the provisions of the mineral resources law, exploit mineral resources by destructive mining methods, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined According to Article 42 of the detailed rules for the implementation of the mineral resources law of the people's Republic of China, those who are fined in accordance with articles 39, 40, 42, 43 and 44 of the mineral resources law shall be subject to the following provisions respectively:< P > those who mine without obtaining a mining license shall enter the state planned mining area without authorization Anyone who mines in a mining area of great value to the national economy or within the mining area of another person, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state, shall be fined less than 50% of the illegal income
according to Article 39 of the mineral resources law of the people's Republic of China, those who, in violation of the provisions of this law, mine without a mining license, enter the state planned mining area, mine within the mining area of great value to the national economy, and mine specific minerals that are protected by the state
order to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and may also impose a fine; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law
Units and indivials who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others according to law shall be punished in accordance with the provisions of the preceding paragraphextended information:
Case: two men in Changjiang mining without license were sentenced
the Changjiang Court concluded a gang crime of illegal mining of river sand. The defendants Wu and Fu were sentenced to one year and six months' imprisonment and one year's imprisonment respectively for the crime of illegal mining, and were fined 20000 yuan respectively
after the trial, the court found that the defendant Wu and mai (handled separately) signed an agreement with a villager of Changshan village committee of Haiwei town and paid relevant fees to the villager without the approval of relevant departments and the issuance of "river sand mining license" and "mining license"
in March 2015, the defendant Wu rented the sand pumping boat of the defendant Fu for sand mining. Fu, knowing that Wu had no legal sand mining certificate, still provided two sand extraction boats and workers to help Wu mine river sand
after Hainan fair judicial appraisal center identified the seized sand sales bills of wumou sand quarry, the sales volume of river sand in the sand quarry was 6463 cubic meters, resulting in the loss of mineral resources of 161575 yuan, and the sales volume of river sand mined by Fumou sand pumping vessel was 2625 cubic meters, resulting in the loss of mineral resources of 65625 yuan
According to the investigation, the defendant Wu, together with Mai Qiufeng, worked in partnership to mine river sand and was actually responsible for the management of the sand field involved in the case, which played an active role in the joint crime. The Changjiang court held that the defendants Wu and Fu violated the provisions of the mineral resources law and exploited mineral sand without obtaining a mining license. Among them, the defendant Wu caused a loss of mineral sand resources of 161575 yuan and the defendant Fu caused a loss of mineral sand resources of 65625 yuan, both of which were serious cases. The actions of the two defendants constituted the crime of illegal mining, so the court made the above judgment2. Coal mine emergency plan system: composed of comprehensive emergency plan, special emergency plan and on-site disposal plan. Coal mine emergency work principles: (1) people-oriented, safety first 2) Unified leadership and hierarchical management 3) It is a combination of different sections, mainly territorial 4) Rely on science and standardize according to law 5) Prevention first, peacetime and wartime.
3. Of course, the general by-proct ores are piled up and reused when there is a concentrator. If they are thrown away, they will not be wasted
4. For example, the taste of copper ore is 1%, that is to say, 99% of copper is waste rock. Otherwise, the mining and cutting ratio, the ratio between the excavation volume of roadway and the mined ore, and the stripping volume of open-pit mining are not easy to answer!!
5. 1、 General provisions (1) purpose of compilation: to further enhance the ability to deal with and prevent the risks and disasters of mine safety proction accidents, to ensure that the rescue work can be carried out quickly and effectively in case of mine safety proction accidents, and to minimize the casualties and property losses caused by accidents and disasters, Strive to make the proction of mining enterprises return to normal in the shortest time
(2) working principles
(1) people oriented, safety first. The emergency rescue work of mine accidents and disasters should always put the protection of people's life safety and health in the first place, strengthen the safety protection of emergency rescue personnel, and minimize the casualties and hazards caused by mine accidents and disasters
(2) unified leadership and hierarchical management. Under the unified leadership of the people's government, the administration of work safety is responsible for guiding and coordinating the emergency rescue work of mine accidents and disasters. All Town People's governments, relevant departments and enterprises shall be responsible for the emergency management and emergency disposal of accidents and disasters in accordance with their respective responsibilities and authorities
(3) combination of sections, mainly territorial. The administrative leadership responsibility system of local people's governments at all levels is implemented in the emergency rescue work of mine accidents and disasters. The emergency rescue command at the scene of accidents is under the unified leadership of the people's Government of the banner. The relevant departments perform their ties according to law, and the enterprises give full play to the role of self rescue
(4) relying on science and regulating by law. Follow scientific principles and realize scientific and democratic decision-making. Relying on the progress of science and technology, we should constantly improve and perfect the equipment, facilities and means of emergency rescue. Standardize the emergency rescue work according to law, and ensure the scientificity, authority and operability of the plan
(5) prevention first, combining peacetime with wartime. Implement & quot; Safety first, prevention first, comprehensive treatment & quot; We should adhere to the principle of combining emergency response with prevention. In accordance with the requirements of long-term preparation and key construction, we should make ideological preparation, preplan preparation, materials and funds preparation, and work preparation for mine accidents, strengthen training and drills, and make unremitting preparations. We should combine daily management with emergency rescue work, make full use of the existing professional strength, cultivate part-time emergency rescue force, and give full play to the role in disaster emergency rescue< (3) the compilation is based on laws and regulations such as proction safety law, mine safety law, regulations on work safety license, and emergency plan for mine accidents and disasters issued by the State Administration of work safety< (IV) scope of application
this plan is applicable to all kinds of general, major, major and particularly major safety proction accidents in mining enterprises in the administrative region of ejinholo banner< (1) emergency rescue command organization and responsibilities
1. Establish mine enterprise accident emergency rescue headquarters, which is responsible for commanding mine disaster emergency rescue work, and the daily work of the headquarters is in the charge of the National Bureau of work safety supervision and administration< Chief commander: Deputy Chief in charge of work safety
deputy chief commander: Director of work safety supervision and Administration Bureau, director of Coal Bureau and director of land and Resources Bureau
the members are the people's Government of the town where the accident occurred, the Public Security Bureau of the banner, the fire brigade, the traffic police brigade, the economic and commercial bureau, the Health Bureau, the Bureau of quality and technical supervision, the planning, construction and Environmental Protection Bureau, the Meteorological Bureau, the Publicity Department of CPC Central Committee
2. Responsibilities: organize emergency rescue drills for mining enterprises in the whole banner, supervise and inspect emergency drills of various departments and towns; After an accident occurs in a mining enterprise, the commander in chief or the deputy commander in chief entrusted by the commander in chief shall immediately rush to the scene of the accident for on-site command, establish a leading group for on-site emergency rescue command, immediately start the on-site rescue plan and organize on-site rescue< (2) on site rescue organization and responsibilities
1. According to the actual situation of the accident, the emergency rescue headquarters of qikuang mine has set up six professional rescue groups, including on-site emergency rescue command leading group, accident rescue group, traffic security group, medical rescue group, accident rescue coordination group, accident investigation group and accident comprehensive group
(1) the on-site emergency rescue command and leading group is headed by the deputy head of the banner, the director of the office of the banner people's government, the head of the local town people's government, the director of the banner work safety supervision and Administration Bureau, and the director of the banner Coal Bureau. Be responsible for the organization, leadership, command and coordination of on-site rescue work<
(2) accident rescue group
leader: Director of work safety supervision and Administration Bureau, deputy leader: Mayor of local town people's government, director of Coal Bureau, director of land and Resources Bureau, responsibilities:
1
2. Organize the rescue of people in danger
3. Study and take measures to prevent the accident from expanding< (3) traffic security group leader: Director of the Public Security Bureau of the flag
deputy leader: leader of the traffic police brigade of the flag
responsibilities:
1
2. Maintain the public security of the scene and prevent man-made damage and other emergencies at the scene of the accident
③ assist the rescue team to organize and mobilize the means of transportation< (4) maintain the traffic order near the accident site< (4) head of medical rescue group: Director of the Health Bureau of the banner; Responsibilities:
① rush to the scene of the accident quickly, formulate rescue plan and rescue the wounded
2. Coordinate the hospitals to treat the injured in time
coordinate the hospital and epidemic prevention department to do a good job in blood supply and epidemic prevention for the injured< (5) accident rescue coordination group leader: Director of the coal bureau and director of the land and Resources Bureau of the banner
2. Organize and coordinate the consultation of experts from higher authorities<
(6) accident investigation group
leader: Director of the Bureau of work safety
deputy leader: Deputy Director of the Bureau of work safety, deputy director of the Bureau of coal, deputy director of the Bureau of public security, deputy director of the Bureau of supervision, Deputy Procurator General of the procuratorate and deputy head of the Federation of trade unions
responsibilities:
1 Analysis and other work
2. Trace the cause of the accident and the responsible persons
③ complete the investigation work assigned by the superior departments and leaders< (7) group leader of the accident comprehensive group: Director of the work safety supervision and Administration Bureau of the banner. Responsibilities:
① be responsible for comprehensive coordination, liaison with the disaster and accident emergency rescue headquarters of the banner government, and announce the progress of the accident emergency rescue to the public
② grasp the basic situation of mine distribution and disasters within the whole banner, establish the database of basic situation and major hazard sources of Yiqi mine, and do a good job in accident and disaster prevention
2. Rapid response force
the professional rescue force mine rescue team is the main body, and the rapid response force is composed of flag Health Bureau, flag traffic police brigade and flag fire brigade, which rush to the scene to implement emergency rescue at the first time< (1) according to the command of the banner headquarters, the mining enterprises quickly assemble the team, carry the necessary rescue equipment and equipment, and rush to the rescue site
(2) the emergency rescue command department puts forward the reinforcement request to the superior mine rescue organization
4. Emergency linkage mechanism
after starting the mine accident disaster emergency plan in Yijinhuoluo banner, all relevant departments and first aid, medical, water supply, power supply and other units should arrive at the scene of the accident quickly according to the arrangement of the rescue headquarters, and complete their respective tasks according to their responsibilities< (1) emergency response
after an accident occurs in a mining enterprise, the on-site personnel should immediately carry out self rescue and mutual rescue, and immediately report to the person in charge of the unit. After receiving the accident report, the person in charge of the mining enterprise shall, in accordance with the emergency plan formulated by the unit, immediately take measures to rescue the injured, evacuate the personnel from the accident risk area, control the development of the situation, and report to the people's Government of the banner and relevant departments within one hour< (2) emergency start
after receiving the mine disaster report, the people's Government of Yijinhuoluo banner should immediately start the mine accident disaster emergency plan and report it to the Municipal People's government and relevant departments within 2 hours. Organize the person in charge of relevant departments to rush to the scene immediately, set up the on-site emergency rescue command leading group, open the information and communication network, notify the deployment of emergency resources required for rescue, and quickly organize the rescue work< (3) rescue operations and rescue methods
1. Coal mine gas explosion accident. After the accident, the accident unit or on-site emergency rescue command leading group shall immediately request the Erdos mine rescue team for rescue, and do the following work well before the rescue team arrives: first, immediately set up a rescue team, mobilize rescue personnel, and make preparations for emergency rescue; The second is to collect drawings and data, arrange personnel who are familiar with the situation to prepare for going down the well, and know the explosion location and the possibility of survival as soon as possible, so as to judge the location of the victims and win time for rescue work; Third, inform the logistics team to mobilize fans and air cts to supply air to the underground, and ask the power supply department to do a good job in power supply to prevent power failure. After the rescue team arrived, they immediately sent the rescue team to go down the well for reconnaissance, to understand the underground gas concentration and roadway collapse, and to determine the rescue action plan according to the current situation. When the concentration of harmful gas in the well is reced to the allowable value, people can go down the well to save
2. Mine water leakage accident. After the occurrence of water seepage, the accident unit or on-site emergency rescue command leading group should judge whether there are survivors in the mine according to the size of water seepage, location, underground roadway elevation, trapped time and other factors. The first is to find out the number and working place of the personnel under the well as soon as possible; The second is to collect drawings and data to accurately judge the position of water penetration and the amount of water; The third is to immediately mobilize the water pump, speed up the progress of drainage, judge the underground hydrogeological situation from the change of water level, and timely adjust the emergency plan; Fourth, keep ventilation to prevent the old kiln harmful gas from poisoning the rescue workers; Fifthly, necessary materials should be prepared to repair the tunnel damaged by water immersion
3. Roof fall accident. According to the scope of roof fall and the amount of ore fall, the accident unit or the on-site emergency rescue command leading group should set up several rescue teams to work in turn. If any person is buried, it is necessary to immediately organize personnel to pick out the ore for transportation, support the roof and pay attention to observation, so as to ensure the personal safety of rescue personnel. If someone is blocked in the roadway, different measures should be taken according to the collapse range, ore volume and roof lithology. If the caving area is small, the amount of ore is small, and the lithology is stable, the ore can be stripped out after the roof support, and the people can be saved directly through the caving area; If it is difficult to pass through the caving area, it is necessary to dig another roadway to bypass the caving area. In the rescue at the same time, through the water pipe, pressure air pipe to supply air, and send a signal, let the blocked personnel know, firm their belief in survival. The rescued survivors should immediately cover their eyes with towel, etc., and be rescued by medical staff
4. Slope collapse accident. The accident unit or on-site emergency rescue command leading group shall, according to the specific situation, adopt the method of combining manual and mechanical to deal with the collapse site. In case of collapse boulder in rescue, large crane can be mobilized for transportation when manual handling is difficult. When approaching the slope, the mechanical operation must be stopped, and all the stones must be removed manually to prevent accidental injury to the buried personnel. On site rescue
(2) working principles
(1) people oriented, safety first. The emergency rescue work of mine accidents and disasters should always put the protection of people's life safety and health in the first place, strengthen the safety protection of emergency rescue personnel, and minimize the casualties and hazards caused by mine accidents and disasters
(2) unified leadership and hierarchical management. Under the unified leadership of the people's government, the administration of work safety is responsible for guiding and coordinating the emergency rescue work of mine accidents and disasters. All Town People's governments, relevant departments and enterprises shall be responsible for the emergency management and emergency disposal of accidents and disasters in accordance with their respective responsibilities and authorities
(3) combination of sections, mainly territorial. The administrative leadership responsibility system of local people's governments at all levels is implemented in the emergency rescue work of mine accidents and disasters. The emergency rescue command at the scene of accidents is under the unified leadership of the people's Government of the banner. The relevant departments perform their ties according to law, and the enterprises give full play to the role of self rescue
(4) relying on science and regulating by law. Follow scientific principles and realize scientific and democratic decision-making. Relying on the progress of science and technology, we should constantly improve and perfect the equipment, facilities and means of emergency rescue. Standardize the emergency rescue work according to law, and ensure the scientificity, authority and operability of the plan
(5) prevention first, combining peacetime with wartime. Implement & quot; Safety first, prevention first, comprehensive treatment & quot; We should adhere to the principle of combining emergency response with prevention. In accordance with the requirements of long-term preparation and key construction, we should make ideological preparation, preplan preparation, materials and funds preparation, and work preparation for mine accidents, strengthen training and drills, and make unremitting preparations. We should combine daily management with emergency rescue work, make full use of the existing professional strength, cultivate part-time emergency rescue force, and give full play to the role in disaster emergency rescue< (3) the compilation is based on laws and regulations such as proction safety law, mine safety law, regulations on work safety license, and emergency plan for mine accidents and disasters issued by the State Administration of work safety< (IV) scope of application
this plan is applicable to all kinds of general, major, major and particularly major safety proction accidents in mining enterprises in the administrative region of ejinholo banner< (1) emergency rescue command organization and responsibilities
1. Establish mine enterprise accident emergency rescue headquarters, which is responsible for commanding mine disaster emergency rescue work, and the daily work of the headquarters is in the charge of the National Bureau of work safety supervision and administration< Chief commander: Deputy Chief in charge of work safety
deputy chief commander: Director of work safety supervision and Administration Bureau, director of Coal Bureau and director of land and Resources Bureau
the members are the people's Government of the town where the accident occurred, the Public Security Bureau of the banner, the fire brigade, the traffic police brigade, the economic and commercial bureau, the Health Bureau, the Bureau of quality and technical supervision, the planning, construction and Environmental Protection Bureau, the Meteorological Bureau, the Publicity Department of CPC Central Committee
2. Responsibilities: organize emergency rescue drills for mining enterprises in the whole banner, supervise and inspect emergency drills of various departments and towns; After an accident occurs in a mining enterprise, the commander in chief or the deputy commander in chief entrusted by the commander in chief shall immediately rush to the scene of the accident for on-site command, establish a leading group for on-site emergency rescue command, immediately start the on-site rescue plan and organize on-site rescue< (2) on site rescue organization and responsibilities
1. According to the actual situation of the accident, the emergency rescue headquarters of qikuang mine has set up six professional rescue groups, including on-site emergency rescue command leading group, accident rescue group, traffic security group, medical rescue group, accident rescue coordination group, accident investigation group and accident comprehensive group
(1) the on-site emergency rescue command and leading group is headed by the deputy head of the banner, the director of the office of the banner people's government, the head of the local town people's government, the director of the banner work safety supervision and Administration Bureau, and the director of the banner Coal Bureau. Be responsible for the organization, leadership, command and coordination of on-site rescue work<
(2) accident rescue group
leader: Director of work safety supervision and Administration Bureau, deputy leader: Mayor of local town people's government, director of Coal Bureau, director of land and Resources Bureau, responsibilities:
1
2. Organize the rescue of people in danger
3. Study and take measures to prevent the accident from expanding< (3) traffic security group leader: Director of the Public Security Bureau of the flag
deputy leader: leader of the traffic police brigade of the flag
responsibilities:
1
2. Maintain the public security of the scene and prevent man-made damage and other emergencies at the scene of the accident
③ assist the rescue team to organize and mobilize the means of transportation< (4) maintain the traffic order near the accident site< (4) head of medical rescue group: Director of the Health Bureau of the banner; Responsibilities:
① rush to the scene of the accident quickly, formulate rescue plan and rescue the wounded
2. Coordinate the hospitals to treat the injured in time
coordinate the hospital and epidemic prevention department to do a good job in blood supply and epidemic prevention for the injured< (5) accident rescue coordination group leader: Director of the coal bureau and director of the land and Resources Bureau of the banner
2. Organize and coordinate the consultation of experts from higher authorities<
(6) accident investigation group
leader: Director of the Bureau of work safety
deputy leader: Deputy Director of the Bureau of work safety, deputy director of the Bureau of coal, deputy director of the Bureau of public security, deputy director of the Bureau of supervision, Deputy Procurator General of the procuratorate and deputy head of the Federation of trade unions
responsibilities:
1 Analysis and other work
2. Trace the cause of the accident and the responsible persons
③ complete the investigation work assigned by the superior departments and leaders< (7) group leader of the accident comprehensive group: Director of the work safety supervision and Administration Bureau of the banner. Responsibilities:
① be responsible for comprehensive coordination, liaison with the disaster and accident emergency rescue headquarters of the banner government, and announce the progress of the accident emergency rescue to the public
② grasp the basic situation of mine distribution and disasters within the whole banner, establish the database of basic situation and major hazard sources of Yiqi mine, and do a good job in accident and disaster prevention
2. Rapid response force
the professional rescue force mine rescue team is the main body, and the rapid response force is composed of flag Health Bureau, flag traffic police brigade and flag fire brigade, which rush to the scene to implement emergency rescue at the first time< (1) according to the command of the banner headquarters, the mining enterprises quickly assemble the team, carry the necessary rescue equipment and equipment, and rush to the rescue site
(2) the emergency rescue command department puts forward the reinforcement request to the superior mine rescue organization
4. Emergency linkage mechanism
after starting the mine accident disaster emergency plan in Yijinhuoluo banner, all relevant departments and first aid, medical, water supply, power supply and other units should arrive at the scene of the accident quickly according to the arrangement of the rescue headquarters, and complete their respective tasks according to their responsibilities< (1) emergency response
after an accident occurs in a mining enterprise, the on-site personnel should immediately carry out self rescue and mutual rescue, and immediately report to the person in charge of the unit. After receiving the accident report, the person in charge of the mining enterprise shall, in accordance with the emergency plan formulated by the unit, immediately take measures to rescue the injured, evacuate the personnel from the accident risk area, control the development of the situation, and report to the people's Government of the banner and relevant departments within one hour< (2) emergency start
after receiving the mine disaster report, the people's Government of Yijinhuoluo banner should immediately start the mine accident disaster emergency plan and report it to the Municipal People's government and relevant departments within 2 hours. Organize the person in charge of relevant departments to rush to the scene immediately, set up the on-site emergency rescue command leading group, open the information and communication network, notify the deployment of emergency resources required for rescue, and quickly organize the rescue work< (3) rescue operations and rescue methods
1. Coal mine gas explosion accident. After the accident, the accident unit or on-site emergency rescue command leading group shall immediately request the Erdos mine rescue team for rescue, and do the following work well before the rescue team arrives: first, immediately set up a rescue team, mobilize rescue personnel, and make preparations for emergency rescue; The second is to collect drawings and data, arrange personnel who are familiar with the situation to prepare for going down the well, and know the explosion location and the possibility of survival as soon as possible, so as to judge the location of the victims and win time for rescue work; Third, inform the logistics team to mobilize fans and air cts to supply air to the underground, and ask the power supply department to do a good job in power supply to prevent power failure. After the rescue team arrived, they immediately sent the rescue team to go down the well for reconnaissance, to understand the underground gas concentration and roadway collapse, and to determine the rescue action plan according to the current situation. When the concentration of harmful gas in the well is reced to the allowable value, people can go down the well to save
2. Mine water leakage accident. After the occurrence of water seepage, the accident unit or on-site emergency rescue command leading group should judge whether there are survivors in the mine according to the size of water seepage, location, underground roadway elevation, trapped time and other factors. The first is to find out the number and working place of the personnel under the well as soon as possible; The second is to collect drawings and data to accurately judge the position of water penetration and the amount of water; The third is to immediately mobilize the water pump, speed up the progress of drainage, judge the underground hydrogeological situation from the change of water level, and timely adjust the emergency plan; Fourth, keep ventilation to prevent the old kiln harmful gas from poisoning the rescue workers; Fifthly, necessary materials should be prepared to repair the tunnel damaged by water immersion
3. Roof fall accident. According to the scope of roof fall and the amount of ore fall, the accident unit or the on-site emergency rescue command leading group should set up several rescue teams to work in turn. If any person is buried, it is necessary to immediately organize personnel to pick out the ore for transportation, support the roof and pay attention to observation, so as to ensure the personal safety of rescue personnel. If someone is blocked in the roadway, different measures should be taken according to the collapse range, ore volume and roof lithology. If the caving area is small, the amount of ore is small, and the lithology is stable, the ore can be stripped out after the roof support, and the people can be saved directly through the caving area; If it is difficult to pass through the caving area, it is necessary to dig another roadway to bypass the caving area. In the rescue at the same time, through the water pipe, pressure air pipe to supply air, and send a signal, let the blocked personnel know, firm their belief in survival. The rescued survivors should immediately cover their eyes with towel, etc., and be rescued by medical staff
4. Slope collapse accident. The accident unit or on-site emergency rescue command leading group shall, according to the specific situation, adopt the method of combining manual and mechanical to deal with the collapse site. In case of collapse boulder in rescue, large crane can be mobilized for transportation when manual handling is difficult. When approaching the slope, the mechanical operation must be stopped, and all the stones must be removed manually to prevent accidental injury to the buried personnel. On site rescue
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