ATTACHMENT K: Program Access in Existing Facilities

Please Note: Paragraph 55 of the Agreement requires that within three months of the effective date of this Agreement, the City will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

The technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.

The chart below lists the facilities surveyed by the Department, the access issues identified during the survey, and the actions required to correct the access issues. Required actions are listed using an alphanumeric code. The key to the alphanumeric codes is provided in Attachment M to this Agreement.

In order to ensure that the programs, services, and activities housed in the City´s facilities are accessible to persons with disabilities, when viewed in their entirety, the City will take the actions referenced by the alphanumeric code and described in detail in Attachment M to this Settlement Agreement within the time period specified below, which time period begins to run on the effective date of the Agreement.

Item #

Access Issue

Required Action

Completion Date

1.

Miantonomi Park and Stone Tower, located at Hillside Avenue and Admiral Kalbfus Road

   

1.1.

Drinking Fountain along Paved Route

   

1.1.a.

The drinking fountain protrudes into the walkway and is not detectable to blind persons using a cane.

AR8

24 months

1.1.b.

Although a designated accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.

DF3

24 months

1.2.

Barbeque Grills and Benches: The grills and benches are inaccessible because the grass is not firm, stable, and slip resistant.

AR1

24 months

1.3.

Playground: The route to the playground is inaccessible because the grass is not firm, stable, and slip resistant.

AR1

24 months

2.

Department of Utilities, located at 70 Halsey Drive

   

2.1.

Parking Lot

   

2.1.a.

The parking lot, with a total of 17 parking spaces, is inaccessible because there are no spaces designated as accessible. This lot requires 1 van accessible space.

P3

24 months

2.1.b.

The route to the entrance is inaccessible because there is a 4 inch high curb with no curb ramp provided.

AR5

24 months

2.1.c.

The route from the entrance to the parking lot is inaccessible because there is a 1 inch high step up onto the curb.

AR1

24 months

2.2.

Entrance

   

2.2.a.

The pull side of the door, which is accessed through a front approach, is inaccessible because it has insufficient clear space on the latch side.

D6

24 months

2.2.b.

The door is inaccessible because there is a 3 inch high threshold.

D23

24 months

2.3.

Counters: The counter is inaccessible because it is 44 inches above the finished floor.

C6

24 months

3.

Cardines Memorial Field, located at 24 Americas Cup Avenue

   

3.1.

Corner of West Marlborough and Americas Cup Avenue: The route is inaccessible because the gravel surface is not firm, stable, and slip resistant, there is a 2 inch high step between the sidewalk and the gravel path, and there is a 3 inch high step by the men´s room between the gravel and the pavement.

AR1

30 months

3.2.

Ticket Counter (Corner of Marlborough and Americas Cup Avenue): The counter is inaccessible because it is 43 inches above the finished floor.

C6

30 months

3.3.

Exterior Entrance Gates: The building does not have directional signage posted at inaccessible entrances and does not have the International Symbol of Accessibility posted at accessible entrances.

D16

30 months

3.4.

Men´s Toilet Room with Stalls along 3rd Base Line and Marlborough

   

3.4.a.

The toilet room sign is mounted on the door and does not have raised or Braille characters.

TR17

30 months

3.4.b.

The door is inaccessible because it has an opening width of 30½ inches.

D25

30 months

3.4.c.

The door is inaccessible because there are only 71½ inches of head room provided.

AR7

30 months

3.4.d.

The toilet room is inaccessible because there are only 60 inches of head room provided along one wall due to the slanted ceiling.

AR7

30 months

3.4.e.

The urinal is inaccessible because the rim is 19 inches above the finished floor.

TR20

30 months

3.4.f.

The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided.

ST15

30 months

3.5.

Women´s Toilet Room with Stalls along 3rd Base Line and Marlborough

   

3.5.a.

The toilet room sign is mounted on the door and does not have raised or Braille characters.

TR17

30 months

3.5.b.

The door is inaccessible because it has an opening width of 30½ inches.

D25

30 months

3.5.c.

The door is inaccessible because there are only 71½ inches of head room provided.

AR7

30 months

3.5.d.

The pull side of the door, which is accessed through a front approach, is inaccessible because it has only 3 inches of clear space on the latch side.

D6

30 months

3.5.e.

The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided.

ST15

30 months

3.6.

Drinking Fountain next to Men´s Toilet Room (Americas Cup Avenue)

   

3.6.a.

The drinking fountain is inaccessible because the controls require 9 pounds of force to operate.

DF2

30 months

3.6.b.

The drinking fountain protrudes into the walkway and is not detectable to blind persons using a cane.

AR8

30 months

3.6.c.

Although a designated accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.

DF3

30 months

3.7.

Drinking Fountain next to Women´s Toilet Room (Americas Cup Avenue)

 

3.7.a.

The drinking fountain is inaccessible because the controls require 10 pounds of force to operate.

DF2

30 months

3.7.b.

The wall-mounted drinking fountain is inaccessible because it provides only 25¼ inches of clear knee height and 47 inches for a front approach.

DF5

30 months

3.7.c.

Although a designated accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.

DF3

30 months

3.8.

Wheelchair and Companion Seating: The stadium, containing 2,500 seats, is inaccessible because it has no seating accessible to individuals who use wheelchairs. The 4 designated accessible seats have obstructed views and are located on a gravel path that is not stable, firm and slip resistant. A total of 26 wheelchair seating areas is required. Before undertaking renovations to fix this issue, you should submit to the Department of Justice a plan to provide accessible seating for our review and approval.

AA7

30 months

3.9.

Route to Gulls Concession Stand: The ramp is inaccessible because it has a slope of up to 24.6% and it has no handrails.

R5

30 months

3.10.

Gulls Concession Counter: The counter is inaccessible because it is 39½ inches above the finished floor.

C5

30 months

3.11.

Dugouts: The route into the dugouts is inaccessible because there are only 70½ inches of head room provided.

AR7

30 months

3.12.

Press /Announcer´s Table: The route is inaccessible because it can be accessed only by stairs.

AR1, M2

30 months

4.

Vernon Park, located at Vernon Avenue and Reeborn Street

   

4.1.

Single User Unisex Toilet Rooms: The side grab bar at each toilet is inaccessible because it is obstructed by the toilet paper dispenser.

SU7

18 months

4.2.

Drinking Fountains by Toilet Rooms: The drinking fountain is inaccessible because the flow of water is less than 4 inches high, the flow is not within 3 inches of the front, and the controls require more than 5 pounds of force to operate.

DF1

18 months

4.3.

Baseball Field: There is no accessible route to the baseball field or bleachers.

AR1

18 months

4.4.

Tennis Courts: The routes are inaccessible because the entrances all have steps.

AR1

18 months

4.5.

Picnic Tables: The picnic tables are inaccessible because none provide the required knee space.

PD6

18 months

4.6.

Playground: The route to the playground equipment is inaccessible because the sand is not stable, firm, and slip resistant.

AR1

18 months

5.

Hunter Field, located at Van Zandt Avenue and 3rd Street

   

5.1.

Entrance: The route from the street into the park is inaccessible because it is blocked by a locked gate, and the grass and gravel are not firm, stable and slip resistant.

AR1

18 months

5.2.

Drinking Fountain: The drinking fountain protrudes into the walkway and is not detectable to blind persons using a cane.

AR8

18 months

6.

City Hall, located at 43 Broadway

   

6.1.

Route to Entrance: The curb ramp in front of the building is inaccessible because it has a slope of 12.8%.

AR5

30 months

6.2.

Fire Extinguishers: The fire extinguishers throughout the facility protrude into the walkway and are not detectable to blind persons using a cane.

AR8

30 months

6.3.

Interior Signage

   

6.3.a.

The interior signage provided is inaccessible because it does not have raised and Braille characters and it is not mounted on the latch sides of doors.

D26

30 months

6.3.b.

The signage protrudes into the walkway and is not detectable to blind persons using a cane.

AR8

30 months

6.4.

Women´s Basement Toilet Room with Stalls

   

6.4.a.

The toilet room sign is mounted 56½ inches above the finished floor.

TR17

30 months

6.4.b.

The door is inaccessible because knob hardware is used.

D1

30 months

6.4.c.

The pull side of the door, which is accessed through a front approach, is inaccessible because it has 12 inches of clear space on the latch side.

D6

30 months

6.4.d.

The paper towel dispenser protrudes into the walkway and is not detectable to blind persons using a cane.

AR8

30 months

6.4.e.

The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.

TR12

30 months

6.4.f.

The designated accessible toilet is inaccessible because there is insufficient clear floor space due to the inward-swinging door.

ST18

30 months

6.4.g.

No accessible coat hook has been provided.

TR1

30 months

6.4.h.

The side grab bar at the designated accessible toilet is inaccessible because it is mounted with the far end 48 inches from the rear wall.

ST7

30 months

6.4.i.

The side grab bar at the designated accessible toilet is inaccessible because it is obstructed by the toilet paper dispenser.

ST8

30 months

6.4.j.

The grab bars at the designated accessible toilet are inaccessible because they have a diameter of 1 inch.

ST10

30 months

6.4.k.

The grab bars at the designated accessible toilet are inaccessible because they are mounted 2 inches from the wall.

ST13

30 months

6.4.l.

The designated accessible toilet is inaccessible because the rear grab bar is obstructed by the flush valve.

ST5

30 months

6.5.

Wheelchair Lifts: The lifts from the basement to the 1st floor and from the 1st floor to the 3rd floor are inaccessible because the controls require tight grasping and twisting of the wrist to operate, the interior dimensions are 30 by 41 inches, and there is a 2inch high change of level to enter the lifts.

LF2

30 months

6.6.

Council Chambers

   

6.6.a.

The dais is inaccessible because it can be accessed only by steps.

AA8

30 months

6.6.b.

There is no signage informing the public of the availability of an assistive listening system.

AA3

30 months

6.7.

1st Floor Men´s Toilet Rooms with Stalls

   

6.7.a.

The toilet room sign has no raised and Braille characters and is not mounted on the latch side of the door.

TR17

30 months

6.7.b.

The door is inaccessible because it has an opening width of 29 inches.

D25

30 months

6.7.c.

The door is inaccessible because it requires more than 5 pounds of force to open.

D2

30 months

6.7.d.

No accessible mirror has been provided.

TR14

30 months

6.7.e.

The paper towel dispenser is inaccessible because the controls require tight grasping to operate.

TR3

30 months

6.7.f.

The lavatory is inaccessible because it has twist-type hardware.

TR10

30 months

6.7.g.

The designated accessible toilet is inaccessible because its centerline is 20 inches from the side wall.

ST17

30 months

6.7.h.

The designated accessible toilet is inaccessible because the flush control is on the closed side.

ST2

30 months

6.7.i.

The side grab bar at the designated accessible toilet is inaccessible because it is 36 inches long.

ST7

30 months

6.7.j.

The side grab bar at the designated accessible toilet is inaccessible because it is obstructed by the toilet paper dispenser.

ST8

30 months

6.7.k.

The side grab bar at the designated accessible toilet is inaccessible because it is mounted 2 inches from the wall.

ST13

30 months

6.8.

Men´s Toilet Room between Second and Third Floor: There is no signage directing people with disabilities to the accessible men´s toilet room.

TR16

30 months

7.

Tot Lot, located at Edward Street

   

7.1.

Route from Cobblestone Street to Sidewalk: The curb ramp is inaccessible because it has a slope of 15.3%.

AR5

18 months

7.2.

Route to Equipment: There is no accessible route to the play equipment because the sand is not firm, stable, and slip resistant.

AR1

18 months

8.

Edward King House, located at 35 King Street

   

8.1.

Parking: The parking lot, with a total of 9 parking spaces, is inaccessible because there are no spaces designated as reserved for persons with disabilities. This lot requires 1 van accessible space.

P3

24 months

8.2.

Interior Doors: Several doors in the facility, including the door to the gift shop and doors on the 2nd floor, are inaccessible because they have opening widths of less than 32 inches.

D25

24 months

8.3.

Elevator: The elevator is inaccessible because the emergency communication system is not identified by raised symbol and lettering, it requires voice communication to operate, and the handset cord is less than 29 inches long.

E8

24 months

8.4.

Toilet Rooms: Each of the toilet rooms contains a number of inaccessible elements and is not accessible to people with disabilities.

SU13

24 months

8.5.

Blue Room: The entrance is inaccessible because there are steps and the portable ramp provided is too steep.

AA8

24 months

9.

Newport Harbor Center, located at Thames Street

   

9.1.

Curb Ramp: The curb ramp is inaccessible because it has a slope of 11.6%

AR5

24 months

9.2.

Entrance

   

9.2.a.

The route from the sidewalk onto the brick walkway is inaccessible because there is an abrupt 1 inch change in level.

AR1

24 months

9.2.b.

The door is inaccessible because it has an opening width of 25 inches.

D25

24 months

9.3.

Men´s Toilet Rooms with Stalls

   

9.3.a.

The sign is mounted on the door and has no raised or Braille characters.

TR18

24 months

9.3.b.

The door is inaccessible because there is a 1½ inch high threshold.

D23

24 months

9.3.c.

The lavatory is inaccessible because the bottom of the apron is 27 inches above the finished floor.

TR11

24 months

9.3.d.

The urinal is inaccessible because the rim is 25½ inches above the finished floor, and the flush control is 53 inches above the finished floor.

TR20

24 months

9.3.e.

The designated accessible toilet stall is inaccessible because it is 54 inches wide.

ST16

24 months

9.3.f.

The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted 38 inches from the rear wall.

ST19

24 months

9.3.g.

The designated accessible toilet is inaccessible because the rear grab bar is obstructed by the seat cover dispenser.

ST5

24 months

9.4.

Women´s Toilet Rooms with Stalls

   

9.4.a.

The sign is mounted on the door and has no raised or Braille characters.

TR18

24 months

9.4.b.

The door is inaccessible because it requires 7 pounds of force to open.

D2

24 months

9.4.c.

The door is inaccessible because there is a 1½ inch high threshold.

D23

24 months

9.4.d.

The designated accessible toilet stall is inaccessible because it is 53 inches wide.

ST16

24 months

9.4.e.

The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted 39 inches from the rear wall.

ST19

24 months

9.4.f.

The designated accessible toilet is inaccessible because the rear grab bar is obstructed by the seat cover dispenser.

ST5

24 months

9.5.

2nd Floor: There is no access to upper levels of the facility for people with mobility impairments.

AR9

24 months

10.

Golden Hill Rec Center and Recreation Department Office, located at 35 Golden Hill Street

   

10.1.

Entrances: The building does not have directional signage posted at inaccessible entrances and does not have the International Symbol of Accessibility posted at accessible entrances.

D16

30 months

10.2.

Multipurpose Area Toilet Rooms with Stalls

   

10.2.a.

The toilet room sign is mounted on the door and has no raised or Braille characters.

TR18

30 months

10.2.b.

These toilet rooms are not accessible and there is no signage directing people with disabilities to the accessible toilet room.

TR16

30 months

10.3.

Drinking Fountains: The wall-mounted drinking fountains are inaccessible because one provides only 24 inches of clear knee height and the other has a spout more than 36 inches above the finished floor.

DF1

30 months

10.4.

Ramp to Gym: The ramp is inaccessible because it does not have edge protection at the drop off sides, there is only a handrail on one side, and the handrail is 31½ inches above the finished floor, is not continuous, is not stable, has no handrail extensions, does not have a diameter between and 1¼ and 1 ½ inches, and has ends that are not rounded or returned.

R3

30 months

10.5.

Women´s Locker Room

   

10.5.a.

The sign is mounted at the top of the door and does not have raised and Braille characters.

TR18

30 months

10.5.b.

No accessible mirror has been provided.

TR14

30 months

10.5.c.

The lavatory is inaccessible because the top of the counter is 36 inches above the finished floor.

TR11

30 months

10.5.d.

The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.

TR12

30 months

10.5.e.

The urinals, which really are in the women´s locker room, are inaccessible because the rims are 23½ inches above the finished floor, and the clear floor space is 25 inches wide.

TR20

30 months

10.5.f.

There are no grab bars provided at the designated accessible toilet.

ST11

30 months

10.5.g.

There is no accessible shower provided.

B8

30 months

10.5.h.

There is no accessible bench provided.

LR1

30 months

10.6.

Men´s Locker Room

   

10.6.a.

The sign is mounted at the top of the door and does not have raised and Braille characters.

TR18

30 months

10.6.b.

The lavatory is inaccessible because the top of the counter is 36 inches above the finished floor.

TR11

30 months

10.6.c.

The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.

TR12

30 months

10.6.d.

The urinal is inaccessible because the rim is 23½ inches above the finished floor, and the clear floor space is 25 inches wide.

TR20

30 months

10.6.e.

There are no grab bars provided at the designated accessible toilet.

ST11

30 months

10.6.f.

There is no accessible shower provided.

B8

30 months

10.6.g.

There is no accessible bench provided.

LR1

30 months

10.7.

Gym Drinking Fountain: The drinking fountain is inaccessible because the spout is more than 36 inches above the finished floor.

DF6

30 months

11.

Little League Ball Field and Shed, located at 60 Ellery Road

 

11.1.

Parking: The parking lot, with a total of 67 parking spaces, is inaccessible because there are no spaces designated as reserved for persons with disabilities, and the surface is not firm, stable, and slip resistant. This lot requires 1 van accessible space and 2 standard accessible spaces.

P3

18 months

11.2.

Toilet Rooms: The toilet rooms were locked and could not be surveyed.

ST14

18 months

11.3.

Ball Field: The route is inaccessible because the grass is not firm, stable, and slip resistant.

AR1

18 months

11.4.

Concession Stand: The counter is inaccessible because it is 43 inches above the finished floor.

C5

18 months

11.5.

Dugouts

   

11.5.a.

No wheelchair accessible seating is provided in either dugout.

AA6

18 months

11.5.b.

The route to the 3rd base dugouts is inaccessible because the grass is not firm, stable, and slip resistant.

AR1

18 months

11.6.

Route from Street to Shed: The route is inaccessible because the slope is 8.3% and there are no handrails provided.

AR1

18 months

12.

Eisenhower Park, located at Washington Square at Touro Street

   

12.1.

Sidewalks: The walks are inaccessible because there are abrupt changes in levels of more than ½ inch throughout the park.

AR1

24 months

12.2.

Drinking Fountain: The drinking fountain is inaccessible because the water flow is less than 4 inches high, the water flow is more than 3 inches from the front of the fountain, and the controls require more than 5 pounds of force to operate.

DF1

24 months

13.

Newport Police Department, located at 120 Broadway

   

13.1.

Parking: The parking lot, with a total of 13 parking spaces, is inaccessible because there is no van accessible space, and the access aisle has a cross slope of 4.7%. This lot requires 1 van accessible space.

P3

30 months

13.2.

Entrance: The door is inaccessible because there is a slope of 5.8% within the door´s required maneuvering clearance.

D13

30 months

13.3.

Women´s Lobby Single-User Toilet Rooms

   

13.3.a.

The toilet room sign lacks raised and Braille characters.

TR18

30 months

13.3.b.

The door is inaccessible because it requires 9 pounds of force to open.

D2

30 months

13.3.c.

Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.

TR21

30 months

13.3.d.

The toilet is inaccessible because there is insufficient clear floor space provided.

SU16

30 months

13.3.e.

The toilet is inaccessible because the top of the seat is 20¾ inches above the finished floor.

SU18

30 months

13.3.f.

The toilet is inaccessible because its centerline is 16½ inches from the side wall.

SU15

30 months

13.3.g.

The side grab bar at the toilet is inaccessible because it is obstructed by the toilet paper dispenser.

SU7

30 months

13.3.h.

The side grab bar at the toilet is inaccessible because it is mounted with the far end 48½ inches from the rear wall.

SU6

30 months

13.3.i.

The toilet is inaccessible because there is no rear grab bar provided.

SU2

30 months

13.4.

Men´s Lobby Single-User Toilet Rooms

   

13.4.a.

The toilet room sign lacks raised and Braille characters.

TR18

30 months

13.4.b.

The door is inaccessible because it requires 14 pounds of force to open.

D2

30 months

13.4.c.

Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.

TR21

30 months

13.4.d.

The soap dispenser is inaccessible because it is mounted 50 inches above the finished floor behind the lavatory.

TR4

30 months

13.4.e.

The toilet is inaccessible because there is insufficient clear floor space provided.

SU16

30 months

13.4.f.

The toilet is inaccessible because the top of the seat is 19½ inches above the finished floor.

SU18

30 months

13.4.g.

The side grab bar at the toilet is inaccessible because it is obstructed by the toilet paper dispenser.

SU7

30 months

13.4.h.

The toilet is inaccessible because there is no rear grab bar provided.

SU2

30 months

13.5.

Lobby Parking Ticket Window

   

13.5.a.

The window counter protrudes into the walkway and is not detectable to blind persons using a cane.

AR8

30 months

13.5.b.

The counter is inaccessible because it is 39½ inches above the finished floor.

C6

30 months

13.6.

Elevator: The elevator is inaccessible because the emergency controls are 22½ inches above the finished floor.

E9

30 months

13.7.

2nd Floor Drinking Fountain: Although a designated accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.

DF3

30 months

14.

Mary Street Restrooms

   

14.1.

Route from Parking to Toilet Rooms: The route is inaccessible because there is a 1½ inch high step onto the sidewalk.

AR1

24 months

14.2.

Women´s Toilet Room with Stalls

   

14.2.a.

The toilet room sign is mounted 58 inches above the finished floor.

TR18

24 months

14.2.b.

No accessible mirror has been provided.

TR14

24 months

14.2.c.

The soap dispenser is inaccessible because it is mounted 54 inches above the finished floor over an obstruction.

TR4

24 months

14.2.d.

The air dryers protrude into the walkway and are not detectable to blind persons using a cane.

AR8

24 months

14.2.e.

The paper towel dispenser is inaccessible because the controls require tight grasping and twisting of the wrist to operate.

TR3

24 months

14.2.f.

There is no accessible toilet stall provided.

ST15

24 months

14.3.

Men´s Toilet Room with Stalls

   

14.3.a.

The toilet room sign is mounted 58 inches above the finished floor.

TR18

24 months

14.3.b.

The lavatory is inaccessible because it has twist-type hardware.

TR10

24 months

14.3.c.

The urinal is inaccessible because the rim is 19½ inches above the finished floor and the clear floor space is 26 inches wide.

TR20

24 months

14.3.d.

The paper towel dispensers protrude into the walkway and are not detectable to blind persons using a cane.

AR8

24 months

14.3.e.

There is no accessible toilet stall provided.

ST15

24 months

15.

Ann Street Pier, located at Ann Street and Thames Street

   

15.1.

Ramps onto Pier: Both ramps are inaccessible because the handrails are 42 inches above the finished floor and lack adequate extensions.

R4

18 months

16.

Brick Market Place, located on Thames Street at Long Wharf

   

16.1.

Route: The route from the private parking lot to the sidewalk is inaccessible because it has a slope of up to 11.6% at the "No Parking Tow Zone" marking.

AR1

24 months

17.

Morton Park, located at Morton Avenue and Coggeshall Avenue

   

17.1.

Route: The route to all of the park´s elements (playground, benches, picnic tables) is inaccessible because the grass is not firm, stable and slip resistant.

AR1

18 months

17.2.

Playground: The play equipment may not be usable by children with disabilities.

PG1

18 months

 

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