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Federal Register / Vol. 72, No.

158 / Thursday, August 16, 2007 / Proposed Rules 45949

substantive response in a notice-and- (42 U.S.C. 4332); secs. 131, 132, 133, 135, Notice of proposed rulemaking
ACTION:
comment process. For example, a 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, (NPRM).
substantive response is required when: 2232, 2241; sec. 148, Pub. L. 100–203, 101
(a) The comment causes the NRC staff Stat. 1330–235 (42 U.S.C. 10151, 10152, SUMMARY: The FAA proposes to adopt a
10153, 10155, 10157, 10161, 10168); sec. new airworthiness directive (AD) for
to reevaluate (or reconsider) its position 1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
or conduct additional analysis; certain Boeing Model 737–100, –200,
sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10
(b) The comment raises an issue (42 U.S.C. 2014, 2021, 2021b, 2111).
–200C, –300, –400, and –500 series
serious enough to warrant a substantive Section 72.44(g) also issued under secs. airplanes. This proposed AD would
response to clarify or complete the 142(b) and 148(c), (d), Pub. L. 100–203, 101 require repetitive detailed and high-
record; or Stat. 1330–232, 1330–236 (42 U.S.C. frequency eddy current inspections for
(c) The comment raises a relevant 10162(b), 10168(c),(d)). Section 72.46 also cracking around the heads of the
issue that was not previously addressed issued under sec. 189, 68 Stat. 955 (42 U.S.C. fasteners on the forward fastener row of
or considered by the NRC staff. 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 certain areas of the station (STA) 259.5
(2) The comment proposes a change (42 U.S.C. 10154). Section 72.96(d) also circumferential butt splice, and repair if
issued under sec. 145(g), Pub. L. 100–203, necessary. This proposed AD would
or an addition to the rule, and it is 101 Stat. 1330–235 (42 U.S.C. 10165(g)).
apparent that the rule would be Subpart J also issued under secs. 2(2), 2(15),
also require a preventive modification,
ineffective or unacceptable without 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. which would eliminate the need for the
incorporation of the change or addition. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. repetitive inspections. This proposed
(3) The comment causes the NRC staff 10101, 10137(a), 10161(h)). Subparts K and L AD results from a report that an operator
to make a change (other than editorial) are also issued under sec. 133, 98 Stat. 2230 found multiple cracks in the fuselage
to the rule, CoC, or TS. (42 U.S.C. 10153) and sec. 218(a), 96 Stat. skin of a Model 737–200 airplane, at the
For additional procedural information 2252 (42 U.S.C. 10198). forward fastener row of the STA 259.5
and the regulatory analysis, see the 2. In § 72.214, Certificate of circumferential butt splice between
direct final rule published in the Rules Compliance 1027 is revised to read as stringers 19 and 24. We are proposing
and Regulations section of this Federal follows: this AD to prevent cracking of the STA
Register. 259.5 circumferential butt splice, which
§ 72.214 List of approved spent fuel could result in loss of structural
List of Subjects In 10 CFR Part 72 storage casks. integrity of the fuselage skin and
Administrative practice and * * * * * possible loss of cabin pressure.
procedure, Criminal penalties, Certificate Number: 1027. DATES: We must receive comments on
Manpower training programs, Nuclear Initial Certificate Effective Date: May this proposed AD by October 1, 2007.
materials, Occupational safety and 30, 2000.
health, Penalties, Radiation protection, ADDRESSES: Use one of the following
Amendment Number 1 Effective Date:
Reporting and recordkeeping October 30, 2007. addresses to submit comments on this
requirements, Security measures, Spent SAR Submitted by: Transnuclear, Inc. proposed AD.
fuel, Whistleblowing. SAR Title: Final Safety Analysis • DOT Docket Web site: Go to
For the reasons set out in the Report for the TN–68 Dry Storage Cask. http://dms.dot.gov and follow the
preamble and under the authority of the Docket Number: 72–1027. instructions for sending your comments
Atomic Energy Act of 1954, as amended; Certificate Expiration Date: May 28, electronically.
the Energy Reorganization Act of 1974, 2020. • Government-wide rulemaking Web
as amended; the Nuclear Waste Policy Model Number: TN–68. site: Go to http://www.regulations.gov
Act of 1982, as amended; and 5 U.S.C. and follow the instructions for sending
* * * * *
553; the NRC is proposing to adopt the your comments electronically.
Dated at Rockville, Maryland, this 31st day • Mail: U.S. Department of
following amendments to 10 CFR part of July, 2007.
72. Transportation, Docket Operations, M–
For the Nuclear Regulatory Commission. 30, West Building Ground Floor, Room
PART 72—LICENSING Martin J. Virgilio, W12–140, 1200 New Jersey Avenue, SE.,
REQUIREMENTS FOR THE Acting Executive Director for Operations. Washington, DC 20590.
INDEPENDENT STORAGE OF SPENT [FR Doc. E7–16135 Filed 8–15–07; 8:45 am] • Fax: (202) 493–2251.
NUCLEAR FUEL, HIGH-LEVEL BILLING CODE 7590–01–P • Hand Delivery: Room W12–140 on
RADIOACTIVE WASTE, AND the ground floor of the West Building,
REACTOR-RELATED GREATER THAN 1200 New Jersey Avenue, SE.,
CLASS C WASTE DEPARTMENT OF TRANSPORTATION Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
1. The authority citation for part 72 Federal holidays.
Federal Aviation Administration
continues to read as follows:
Contact Boeing Commercial
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 14 CFR Part 39 Airplanes, P.O. Box 3707, Seattle,
81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. Washington 98124–2207, for the service
929, 930, 932, 933, 934, 935, 948, 953, 954, [Docket No. FAA–2007–28942; Directorate information identified in this proposed
955, as amended; sec. 234, 83 Stat. 444, as Identifier 2007–NM–093–AD]
amended (42 U.S.C. 2071, 2073, 2077, 2092,
AD.
2093, 2095, 2099, 2111, 2201, 2232, 2233, RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT:
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. Wayne Lockett, Aerospace Engineer,
Airworthiness Directives; Boeing
rwilkins on PROD1PC63 with PROPOSALS

L. 86–373, 73 Stat. 688, as amended (42 Airframe Branch, ANM–120S, FAA,


U.S.C. 2021); sec. 201, as amended, 202, 206, Model 737–100, –200, –200C, –300, Seattle Aircraft Certification Office,
88 Stat. 1242; as amended, 1244, 1246 (42 –400, and –500 Series Airplanes 1601 Lind Avenue, SW., Renton,
U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.
AGENCY: Federal Aviation Washington 98057–3356; telephone
10, 92 Stat. 2951, as amended by Pub. L. 102–
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. Administration (FAA), Department of (425) 917–6447; fax (425) 917–6590.
5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 Transportation (DOT). SUPPLEMENTARY INFORMATION:

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45950 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules

Comments Invited Discussion number of total flight cycles


We invite you to submit any relevant We have received a report indicating accumulated by the airplane.
written data, views, or arguments that an operator found multiple cracks Compliance times for doing the initial
regarding this proposed AD. Send your in the fuselage skin of a Model 737–200 inspections begin at or before the
comments to an address listed in the airplane that had accumulated 69,350 accumulation of 50,000 total flight
ADDRESSES section. Include the docket total flight cycles. The cracking was cycles, with grace periods ranging
number ‘‘Docket No. FAA–2007–28942; found at the forward fastener row of the between 500 and 4,500 flight cycles
Directorate Identifier 2007–NM–093– station (STA) 259.5 circumferential butt after the release date of the service
AD’’ at the beginning of your comments. splice between stringers 19 and 24, and bulletin. The service bulletin specifies
We specifically invite comments on the some cracks had joined into one large that repetitive inspections shall be done
overall regulatory, economic, crack. This condition, if not corrected, thereafter at intervals of 9,000 flight
environmental, and energy aspects of could result in loss of structural cycles, until the preventive modification
the proposed AD. We will consider all integrity of the fuselage skin and is done. The service bulletin specifies
comments received by the closing date possible loss of cabin pressure. that all repairs are to be done before
and may amend the proposed AD in further flight and that the preventive
Relevant Service Information
light of those comments. modification is to be done before the
We will post all comments we We have reviewed Boeing Special
receive, without change, to http:// Attention Service Bulletin 737–53– accumulation of 75,000 total flight
dms.dot.gov, including any personal 1267, dated November 28, 2006. The cycles or within 6,000 flight cycles after
information you provide. We will also service bulletin describes procedures for the release date of the service bulletin,
post a report summarizing each doing repetitive detailed and high- whichever comes later.
substantive verbal contact with FAA frequency eddy current (HFEC) surface Accomplishing the actions specified
personnel concerning this proposed AD. inspections for cracking around the in the service information is intended to
Using the search function of that Web heads of the fasteners on the forward adequately address the unsafe
site, anyone can find and read the fastener row of certain areas of the STA condition.
comments in any of our dockets, 259.5 circumferential butt splice, and
including the name of the individual applicable repair if necessary. Certain FAA’s Determination and Requirements
who sent the comment (or signed the areas of the circumferential butt splice of the Proposed AD
comment on behalf of an association, are those described in the
business, labor union, etc.). You may Accomplishment Instructions of Service We have evaluated all pertinent
review DOT’s complete Privacy Act Bulletin 737–53–1267 as areas that have information and identified an unsafe
Statement in the Federal Register not had a preventive modification condition that is likely to exist or
published on April 11, 2000 (65 FR installed in accordance with Boeing develop on other airplanes of this same
19477–78), or you may visit http:// Service Bulletin 737–53–1076, or have type design. For this reason, we are
dms.dot.gov. not had a Boeing, FAA-approved repair proposing this AD, which would require
accomplished. accomplishing the actions specified in
Examining the Docket The service bulletin also describes the service information described
You may examine the AD docket on procedures for doing a preventive previously.
the Internet at http://dms.dot.gov, or in modification of certain areas of the STA
person at the Docket Operations office 259.5 circumferential butt splice, Costs of Compliance
between 9 a.m. and 5 p.m., Monday including removing the existing
There are about 2,150 airplanes of the
through Friday, except Federal holidays. fasteners, doing an HFEC rotary probe
affected design in the worldwide fleet.
The Docket Operations office (telephone inspection of the fastener holes, and, if
(800) 647–5527) is located on the no crack is found, oversizing the holes The following table provides the
ground floor of the West Building at the and installing new protruding head estimated costs for U.S. operators to
DOT street address stated in the fasteners. The preventive modification comply with this proposed AD, at an
ADDRESSES section. Comments will be eliminates the need for the repetitive average labor rate of $80 per work hour.
available in the AD docket shortly after inspections. Required parts would be supplied by
the Docket Management System receives The service bulletin specifies the operator.
them. compliance times that depend upon the

ESTIMATED COSTS
Number of
Work
Action Cost per airplane U.S.-registered Fleet cost
hours airplanes

Inspection ............................................ 5 $400, per inspection cycle ................. 654 $261,600, per inspection cycle.
Preventive modification ....................... 24 $1,920 ................................................. 654 $1,255,680.

Authority for This Rulemaking detail the scope of the Agency’s air commerce by prescribing regulations
authority. for practices, methods, and procedures
Title 49 of the United States Code
rwilkins on PROD1PC63 with PROPOSALS

We are issuing this rulemaking under the Administrator finds necessary for
specifies the FAA’s authority to issue safety in air commerce. This regulation
the authority described in Subtitle VII,
rules on aviation safety. Subtitle I, is within the scope of that authority
Part A, Subpart III, Section 44701,
Section 106, describes the authority of because it addresses an unsafe condition
‘‘General requirements.’’ Under that
the FAA Administrator. Subtitle VII, that is likely to exist or develop on
section, Congress charges the FAA with
Aviation Programs, describes in more
promoting safe flight of civil aircraft in

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Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules 45951

products identified in this rulemaking § 39.13 [Amended] November 28, 2006, except as provided by
action. 2. The Federal Aviation paragraph (j) of this AD: Do detailed and
Administration (FAA) amends § 39.13 high-frequency eddy current inspections for
Regulatory Findings cracking around the heads of the fasteners on
by adding the following new
We have determined that this airworthiness directive (AD): the forward fastener row of certain areas of
proposed AD would not have federalism the station (STA) 259.5 circumferential butt
Boeing: Docket No. FAA–2007–28942; splice, by doing all of the actions specified
implications under Executive Order Directorate Identifier 2007–NM–093–AD.
13132. This proposed AD would not in Part 1 of the Accomplishment Instructions
have a substantial direct effect on the Comments Due Date of the service bulletin, except as provided by
States, on the relationship between the (a) The FAA must receive comments on paragraph (i) of this AD. Repeat the
this AD action by October 1, 2007. inspections thereafter at the intervals
national Government and the States, or
specified in paragraph 1.E. of the service
on the distribution of power and Affected ADs bulletin. Doing the preventive modification
responsibilities among the various specified in paragraph (h) of this AD
(b) Accomplishing repairs and
levels of government. modifications described in paragraphs (f) and terminates the repetitive inspection
For the reasons discussed above, I (g) of this AD is considered acceptable for requirements of this paragraph.
certify that the proposed regulation: compliance with repair requirements of
1. Is not a ‘‘significant regulatory paragraphs (f) and (g) of AD 92–25–09, Repair
action’’ under Executive Order 12866; amendment 39–8424, for the areas of the (g) If any crack is found during any
2. Is not a ‘‘significant rule’’ under the station (STA) 259.5 circumferential butt inspection required by this AD, before further
DOT Regulatory Policies and Procedures splice only. flight, repair in accordance with Part 1 of the
(44 FR 11034, February 26, 1979); and Applicability Accomplishment Instructions of Boeing
3. Will not have a significant Special Attention Service Bulletin 737–53–
(c) This AD applies to Boeing Model 737–
economic impact, positive or negative, 1267, dated November 28, 2006.
100, –200, –200C, –300, –400, and –500
on a substantial number of small entities series airplanes, certificated in any category, Preventive Modification
under the criteria of the Regulatory as identified in Boeing Special Attention
Flexibility Act. Service Bulletin 737–53–1267, dated (h) At the compliance time specified in
We prepared a regulatory evaluation November 28, 2006. paragraph 1.E. of Boeing Special Attention
of the estimated costs to comply with Service Bulletin 737–53–1267, dated
Unsafe Condition November 28, 2006, except as provided by
this proposed AD and placed it in the
(d) This AD results from a report that an paragraph (j) of this AD: Do the preventive
AD docket. See the ADDRESSES section
operator found multiple cracks in the modification in accordance with the
for a location to examine the regulatory
fuselage skin of a Model 737–200 airplane, at Accomplishment Instructions of Boeing
evaluation. the forward fastener row of the STA 259.5 Special Attention Service Bulletin 737–53–
List of Subjects in 14 CFR Part 39 circumferential butt splice between stringers 1267, dated November 28, 2006. Doing the
19 and 24. We are issuing this AD to prevent preventive modification terminates the
Air transportation, Aircraft, Aviation cracking of the STA 259.5 circumferential repetitive inspections required by paragraph
safety, Safety. butt splice, which could result in loss of (f) of this AD.
structural integrity of the fuselage skin and
The Proposed Amendment possible loss of cabin pressure. Modification or Repair Done in Accordance
Accordingly, under the authority with AD 92–25–09
Compliance
delegated to me by the Administrator, (i) Inspections described by paragraph (f) of
the FAA proposes to amend 14 CFR part (e) You are responsible for having the
this AD are not required for areas of the STA
actions required by this AD performed within
39 as follows: the compliance times specified, unless the
259.5 circumferential butt splice that have
actions have already been done. been modified in accordance with the service
PART 39—AIRWORTHINESS information specified in Table 1 of this AD.
DIRECTIVES Inspections (Boeing Service Bulletin 737–53–1076,
(f) At the applicable initial compliance Revision 4, dated September 26, 1991, is
1. The authority citation for part 39 cited as an appropriate source of service
time specified in paragraph 1.E.
continues to read as follows: ‘‘Compliance’’ of Boeing Special Attention information for doing certain requirements of
Authority: 49 U.S.C. 106(g), 40113, 44701. Service Bulletin 737–53–1267, dated AD 92–25–09.)

TABLE 1.—SERVICE INFORMATION


Boeing Service Bulletin Revision level Date

737–53–1076 ................................................................................................................................... 4 ................................ September 26, 1991.


737–53–1076 ................................................................................................................................... 3 ................................ September 20, 1990.
737–53–1076 ................................................................................................................................... 2 ................................ February 8, 1990.
737–53–1076 ................................................................................................................................... 1 ................................ November 23, 1988.
737–53–1076 ................................................................................................................................... Original Issue ............ October 30, 1986.

Compliance Times Alternative Methods of Compliance 39.19. Before using any approved AMOC on
(j) Where the service bulletin specifies (AMOCs) any airplane to which the AMOC applies,
compliance times relative to the release date (k)(1) The Manager, Seattle Aircraft notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
rwilkins on PROD1PC63 with PROPOSALS

of Boeing Special Attention Service Bulletin Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if Office (FSDO), or lacking a PI, your local
737–53–1267, dated November 28, 2006, this
requested in accordance with the procedures FSDO.
AD requires compliance at compliance times
found in 14 CFR 39.19. (3) An AMOC that provides an acceptable
relative to the effective date of this AD.
(2) To request a different method of level of safety may be used for any repair
compliance or a different compliance time required by this AD, if it is approved by an
for this AD, follow the procedures in 14 CFR Authorized Representative for the Boeing

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45952 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Proposed Rules

Commercial Airplanes Delegation Option • Fax: (202) 493–2251. the Docket Management System receives
Authorization Organization who has been • Hand Delivery: Room W12–140 on them.
authorized by the Manager, Seattle ACO, to the ground floor of the West Building,
make those findings. For a repair method to Discussion
1200 New Jersey Avenue, SE.,
be approved, the repair must meet the The European Aviation Safety Agency
certification basis of the airplane, and the
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except (EASA), which is the Technical Agent
approval must specifically refer to this AD.
Federal holidays. for the Member States of the European
Issued in Renton, Washington, on July 30, Contact Airbus, 1 Rond Point Maurice Community, notified us that an unsafe
2007. condition may exist on all Airbus Model
Bellonte, 31707 Blagnac Cedex, France,
Ali Bahrami, for service information identified in this A310 series airplanes. The EASA
Manager, Transport Airplane Directorate, proposed AD. advises that Airbus has issued new and
Aircraft Certification Service. revised structural inspections and
FOR FURTHER INFORMATION CONTACT: Tom
[FR Doc. E7–16104 Filed 8–15–07; 8:45 am]
Stafford, Aerospace Engineer, inspection intervals to detect and
BILLING CODE 4910–13–P
International Branch, ANM–116, FAA, correct fatigue cracking. This condition,
Transport Airplane Directorate, 1601 if not corrected, could result in reduced
Lind Avenue, SW., Renton, Washington structural integrity of the airplane.
DEPARTMENT OF TRANSPORTATION
98057–3356; telephone (425) 227–1622; Relevant Service Information
Federal Aviation Administration fax (425) 227–1149. Airbus has issued A310
SUPPLEMENTARY INFORMATION: Airworthiness Limitation Items (ALI)
14 CFR Part 39 Document, AI/SE–M2/95A.0263/06,
Comments Invited
[Docket No. FAA–2007–28996; Directorate Issue 6, dated April 2006 (approved by
We invite you to submit any relevant the EASA on May 31, 2006) (hereafter
Identifier 2006–NM–217–AD]
written data, views, or arguments referred to as ‘‘Issue 6 of the ALI’’). That
RIN 2120–AA64 regarding this proposed AD. Send your ALI document describes fatigue-related
comments to an address listed in the structural inspections arising from the
Airworthiness Directives; Airbus Model ADDRESSES section. Include the docket evaluation of damage tolerance and
A310 Series Airplanes number ‘‘FAA–2007–28996; Directorate widespread fatigue damage.
AGENCY: Federal Aviation Identifier 2006–NM–217–AD’’ at the Airbus has also issued Temporary
Administration (FAA), Department of beginning of your comments. We Revision (TR) 6.1, dated November 2006
Transportation (DOT). specifically invite comments on the (approved by the EASA on December
overall regulatory, economic, 12, 2006), to Issue 6 of the ALI. Airbus
ACTION: Notice of proposed rulemaking
environmental, and energy aspects of TR 6.1 provides new and revised
(NPRM). the proposed AD. We will consider all inspections to address certification of
SUMMARY: The FAA proposes to adopt a comments received by the closing date the new Model A310–300 weight
new airworthiness directive (AD) for all and may amend the proposed AD in variant airplanes (Airbus Modification
Airbus Model A310 series airplanes. light of those comments. 13302). The applicability, limit of
This proposed AD would require We will post all comments we validity, program rules, program notes,
revising the Airworthiness Limitations receive, without change, to http:// and definitions stated in Issue 6 of the
section of the Instructions for Continued dms.dot.gov, including any personal ALI remain valid.
Airworthiness to incorporate new and information you provide. We will also Accomplishing the actions specified
revised structural inspections and post a report summarizing each in the service information is intended to
inspection intervals. This proposed AD substantive verbal contact with FAA adequately address the unsafe
results from issuance of new and personnel concerning this proposed AD. condition. The EASA mandated the
revised structural inspections and Using the search function of that Web service information and issued
inspection intervals. We are proposing site, anyone can find and read the airworthiness directive 2006–0260,
this AD to detect and correct fatigue comments in any of our dockets, dated August 25, 2006, to ensure the
cracking, which could result in reduced including the name of the individual continued airworthiness of these
structural integrity of the airplane. who sent the comment (or signed the airplanes in the European Union.
comment on behalf of an association,
DATES: We must receive comments on FAA’s Determination and Requirements
business, labor union, etc.). You may
this proposed AD by September 17, of the Proposed AD
review the DOT’s complete Privacy Act
2007. This airplane model is manufactured
Statement in the Federal Register
ADDRESSES: Use one of the following published on April 11, 2000 (65 FR in France and is type certificated for
addresses to submit comments on this 19477–78), or you may visit http:// operation in the United States under the
proposed AD. dms.dot.gov. provisions of section 21.29 of the
• DOT Docket Web site: Go to Federal Aviation Regulations (14 CFR
http://dms.dot.gov and follow the Examining the Docket 21.29) and the applicable bilateral
instructions for sending your comments You may examine the AD docket on airworthiness agreement. As described
electronically. the Internet at http://dms.dot.gov, or in in FAA Order 8100.14A, ‘‘Interim
• Government-wide rulemaking Web person at the Docket Operations office Procedures for Working with the
site: Go to http://www.regulations.gov between 9 a.m. and 5 p.m., Monday European Community on Airworthiness
and follow the instructions for sending through Friday, except Federal holidays. Certification and Continued
rwilkins on PROD1PC63 with PROPOSALS

your comments electronically. The Docket Operations office (telephone Airworthiness,’’ dated August 12, 2005,
• Mail: U.S. Department of (800) 647–5527) is located on the the EASA has kept the FAA informed of
Transportation, Docket Operations, M– ground floor of the West Building at the the situation described above. We have
30, West Building Ground Floor, Room DOT street address stated in the examined the EASA’s findings,
W12–140, 1200 New Jersey Avenue, SE., ADDRESSES section. Comments will be evaluated all pertinent information, and
Washington, DC 20590. available in the AD docket shortly after determined that we need to issue an AD

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