[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Proposed Rules]
[Page 53341-53345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se06-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 53341]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24289; Directorate Identifier 2005-NM-186-AD]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A300 Airplanes; A300 B4-
600, B4-600R, and F4-600R Series Airplanes, and Model A300 C4-605R
Variant F Airplanes (Collectively Called A300-600 Series Airplanes);
and A310 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: The FAA is revising an earlier NPRM for an airworthiness
directive (AD) that applies to all Airbus airplanes identified above.
The original NPRM would have required improving the routing of certain
electrical wire bundles in certain airplane zones, as applicable to the
airplane model. The original NPRM resulted from fuel system reviews
conducted by the manufacturer. This action revises the original NPRM by
removing certain requirements, extending the compliance time for a
certain replacement, and specifies that the actions in this proposed AD
are considered interim action until a terminating action for the
removed requirements is approved and available. We are proposing this
supplemental NPRM to reduce the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in fuel tank explosions and consequent loss of the airplane.
DATES: We must receive comments on this supplemental NPRM by October 6,
2006.
ADDRESSES: Use one of the following addresses to submit comments on
this supplemental NPRM.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex,
France, for service information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Thomas Stafford, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1622; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this supplemental NPRM. Send your comments to an
address listed in the ADDRESSES section. Include the docket number
``Docket No. FAA-2006-24289; Directorate Identifier 2005-NM-186-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
supplemental NPRM. We will consider all comments received by the
closing date and may amend this supplemental NPRM in light of those
comments.
We will post all comments submitted, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this supplemental NPRM. Using the search function
of that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level in the Nassif Building at the DOT
street address stated in ADDRESSES. Comments will be available in the
AD docket shortly after the Docket Management System receives them.
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original
NPRM''). The original NPRM applies to all Airbus Model A300 B2 and A300
B4 series airplanes; Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called A300-600 series airplanes); and A310-200 and -300 series
airplanes. The original NPRM was published in the Federal Register on
April 4, 2006 (71 FR 16716). The original NPRM proposed to require
improving the routing of certain electrical wire bundles in certain
airplane zones, as applicable to the airplane model.
Since the original NPRM was issued, the European Aviation Safety
Agency (EASA) has superseded French airworthiness directive F-2005-112
R1, dated September 14, 2005, which was referenced as the parallel
airworthiness directive for the actions in the original NPRM. EASA
airworthiness directive 2006-0074, dated April 3, 2006, removes Actions
1 and 2 and specifies that a new EASA airworthiness directive is
planned in the future to mandate the embodiment of certain new service
information that will render Actions 1 and 2 null and void.
Actions 1 and 2 were:
Action 1--Install a heat-shrinkable sleeve along the
complete length of the electrical supply bundle of the fuel pumps.
These electrical supply bundles
[[Page 53342]]
are located in metallic protective conduits in zones 571 and 671.
Action 2--Install a heat-shrinkable sleeve along the
complete length of the electrical supply bundle of the fuel pumps.
These electrical supply bundles are located in metallic protective
conduits in zones 575 and 675.
In this supplemental NPRM, we have removed the service bulletins
that were referenced as the appropriate sources of service information
for doing Actions 1 and 2 in the original NPRM. The service bulletins
are described in the following table.
Airbus Service Bulletins Removed in This Supplemental NPRM
----------------------------------------------------------------------------------------------------------------
Airbus service bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
A300-28-0057............................. 02.......................... January 8, 2001.
A300-28-6018............................. 1........................... September 15, 1988.
A300-28-0070............................. 01.......................... March 18, 1999.
A300-28-6048............................. Original.................... September 19, 1996.
A310-28-2112............................. Original.................... September 19, 1996.
----------------------------------------------------------------------------------------------------------------
We have also removed Airbus Service Bulletins A300-28-6010,
Revision 1, dated September 17, 1986; and A310-28-2008, Revision 2,
dated May 14, 1990; which were referenced in the original NPRM as
prior/concurrent service bulletins for Actions 1 and 2. We have also
removed Airbus Service Bulletins A300-24-0073, Revision 04, dated June
30, 1998; and A300-24-6004, Revision 03, dated June 30, 1998; which
were referenced in the original NPRM as prior/concurrent service
bulletins for Action 3. Airbus has informed us that the actions in
Airbus Service Bulletins A300-24-0073 and A300-24-6004 are recommended
as complementary measures to improve the trailing edge electrical
installation reliability, but are not required for accomplishing Action
3. However, Airbus Service Bulletin A300-24-6004 is still specified as
a requirement for accomplishing Action 5.
Relevant Service Information
Airbus has issued the service bulletins identified in the following
table. We described these service bulletins in the original NPRM.
Airbus Service Bulletins
------------------------------------------------------------------------
Applicable to Described in Service
Action model-- Bulletin--
------------------------------------------------------------------------
3.......................... A300 airplanes.... A300-24-0085, Revision
06, dated October 13,
2005.
A300-600 series A300-24-6043, Revision
airplanes. 06, dated October 13,
2005.
4.......................... A300-600 series A300-28-6056, dated
airplanes. February 18, 1998.
5.......................... A300-600 series A300-24-6004, Revision
airplanes. 03, dated June 30,
1998.
A310 airplanes.... A310-24-2009, Revision
03, dated June 30,
1998.
6.......................... A300 airplanes.... A300-24-0100, dated
April 7, 2005.
A300-600 series A300-24-6084, Revision
airplanes. 01, dated June 28,
2005.
A310 airplanes.... A310-24-2091, dated
March 4, 2005.
------------------------------------------------------------------------
EASA mandated the service information and issued EASA airworthiness
directive EASA airworthiness directive 2006-0074, dated April 3, 2006,
to ensure the continued airworthiness of these airplanes in the
European Union.
Comments
We have considered the following comments on the original NPRM.
Requests To Extend Compliance Time
FedEx, and Air Transport Association (ATA), on behalf of its member
American Airlines (AAL), request that we extend the compliance time.
FedEx states that the proposed compliance time of 26 months after the
effective date of the AD is not acceptable and states that it requires
43 months after the effective date to comply. FedEx's comment implies
that the 43-month compliance time would better align with its
maintenance schedule. AAL requests a 30-month compliance time to align
with its maintenance schedule. The scope of the modifications is well
beyond the capabilities of AAL's lower-level maintenance
infrastructure. AAL is also concerned about kit availability and lead
times. AAL states that the relevant reliability and service
interruption data gathered since 1996 do not support the 26-month
compliance time. AAL has had inspections in place for the affected area
since 1996 and has had no significant findings that would indicate re-
emergence of the unsafe condition specified in the original NPRM. In
addition, AAL states that it has implemented mitigation techniques that
are similar but less costly than those described in the referenced
serviced bulletins.
We disagree with the commenters. We have determined that the
compliance time, as proposed, represents the maximum interval of time
allowable for the affected airplanes to continue to safely operate
before the modification is done. In addition, we have confirmed with
the parts manufacturer that parts will be available to operators within
the timeframe proposed in this supplemental NPRM. However, operators
may request an Alternative Method of Compliance (AMOC) in accordance
with the procedures specified in paragraph (l) of this supplemental
NPRM.
Request for Editorial Changes
Airbus notes that the original NPRM should be corrected in three
areas: In paragraph (h)(2), Modification 11276 should be replaced by
Modification 10505; in paragraph (j)(2), Modification 478 should be
replaced by Modification 6478; and in paragraph (k), the phrase ``* * *
with new metallic clamps * * *; or replace * * * '' should be replaced
by ``* * * with new metallic clamps * * * and/or replace.''
We agree with Airbus. We have made the noted editorial changes in
the applicable paragraphs of the supplemental NPRM.
Request To Withdraw Action
ATA, on behalf of AAL, notes that some of the service bulletins in
the original NPRM had been released as early as 1988 without the FAA
taking
[[Page 53343]]
AD action. The commenters state that this indicates that at the time
the inherent safety risk was not considered to be significant enough to
warrant regulatory action.
We infer that the commenters are requesting that we withdraw the
supplemental NPRM because the action is not warranted. We disagree. As
stated in the original NPRM, we issued a regulation titled ``Transport
Airplane Fuel Tank System Design Review, Flammability Reduction and
Maintenance and Inspection Requirements'' (67 FR 23086, May 7, 2001).
In addition to new airworthiness standards for transport airplanes and
new maintenance requirements, this rule included Special Federal
Aviation Regulation No. 88 (``SFAR 88,'' Amendment 21-78, and
subsequent Amendments 21-82 and 21-83). Among other actions, SFAR 88
requires certain type design (i.e., type certificate (TC) and
supplemental type certificate (STC)) holders to substantiate that their
fuel tank systems can prevent ignition sources in the fuel tanks. This
requirement applies to type design holders for large turbine-powered
transport airplanes and for subsequent modifications to those
airplanes. It requires them to perform design reviews and to develop
design changes and maintenance procedures if their designs do not meet
the new fuel tank safety standards. As explained in the preamble to the
original NPRM, we intended to adopt airworthiness directives to mandate
any changes found necessary to address unsafe conditions identified as
a result of these reviews.
The Joint Aviation Authorities (JAA) have issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
The original NPRM and this supplemental NPRM follow from those
rulings. As such, they may make use of service information issued
previously but not mandated by AD action.
Explanation of Change in Applicability
We have revised the applicability to more closely match the
effectivity of the EASA airworthiness directive. This change does not
expand the applicability of this proposed action.
Explanation of Change in Compliance Time of Paragraph (h)
Paragraph (h) of the NPRM specifies to do the replacement ``within
24 months after the effective date of this AD'' and to repeat
thereafter at intervals not to exceed 24 months. We have revised the
compliance times in paragraph (h) of this supplemental NPRM to specify
a compliance time of ``within 26 months after the effective date of
this AD'' and to repeat thereafter at intervals not to exceed 26
months. We have determined that extending the compliance time will not
adversely affect safety and will allow operators to coordinate the
replacement specified in paragraph (h) of this supplemental NPRM with
the other actions specified in this supplemental NPRM. This difference
has been coordinated with the EASA.
FAA's Determination and Proposed Requirements of the Supplemental NPRM
The changes discussed above expand the scope of the original NPRM;
therefore, we have determined that it is necessary to reopen the
comment period to provide additional opportunity for public comment on
this supplemental NPRM.
Interim Action
We consider this proposed AD interim action. EASA has informed us
that the manufacturer is currently developing an additional
modification that will address the unsafe condition identified in this
AD. Once this modification is developed, approved, and available, we
may consider additional rulemaking.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this supplemental NPRM.
This supplemental NPRM would affect about 169 airplanes of U.S.
registry. The following table provides the estimated costs for U.S.
operators to comply with this supplemental NPRM. The average labor rate
is $80 per work hour.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
For airplanes on which this action
is required-- Work hours Parts Cost per airplane
----------------------------------------------------------------------------------------------------------------
Action 3, Modify the retaining and 4 to 16................. $836 to $1,056......... $1,156 to $2,336.
protection system.
Action 4, Modify the electrical 2....................... $720................... $880.
wiring of routes 1P and 2P.
Action 5, Inspect the wire looms on 8....................... Operator Supplied...... $640.
the wing trailing edge.
Action 6, Replace the nylon clamps 44 to 98 $100 to $5,700......... $3,620 to $13,540.
of the electrical routes in the
hydraulic compartment and in the
shroud box.
----------------------------------------------------------------------------------------------------------------
Based on these figures, the estimated cost of the supplemental NPRM
for U.S. operators is up to $2,939,924, or up to $17,396 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
[[Page 53344]]
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this supplemental NPRM and placed it in the AD docket. See
the ADDRESSES section for a location to examine the regulatory
evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Airbus: Docket No. FAA-2006-24289; Directorate Identifier 2005-NM-
186-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by October
6, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Airbus Model A300 airplanes; A300 B4-
601, B4-603, B4-620, B4-622, B4-605R, B4-622R, A300 F4-605R, F4-
622R, and C4-605R Variant F airplanes; and A310 airplanes;
certificated in any category.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Action 3--Modify the Retaining and Protection System
(f) For all airplanes identified in paragraphs (f)(1), and
(f)(2) of this AD: Within 26 months after the effective date of this
AD, modify the retaining and protection system for the electrical
bundles located at the wing-to-fuselage junction, under the flap
control screw jack.
(1) For Model A300 airplanes: Do the actions specified in
paragraph (f) of this AD in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-24-0085, Revision 06,
dated October 13, 2005.
(2) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, A300 F4-605R, F4-622R, and C4-605R Variant F airplanes, except
those on which Airbus Modification 10505 has been done: Do the
action specified in paragraph (h) of this AD in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-24-6043,
Revision 06, dated October 13, 2005.
Action 4--Modify the Electrical Wiring of Routes 1P and 2P
(g) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, A300 F4-605R, F4-622R, and C4-605R Variant F airplanes; except
those on which Airbus Modification 11741 has been done: Within 26
months after the effective date of this AD, modify the electrical
wiring of routes 1P and 2P (along the top panel of the shroud box
and the rear spars of the wings) by extending the protective
conduits up to the next support, and replace the two existing clamps
on this support with new, improved clamps. Do all actions in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A300-28-6056, dated February 18, 1998.
Action 5--Inspect the Wire Looms
(h) For all airplanes identified in paragraphs (h)(1) and (h)(2)
of this AD: Within 26 months after the effective date of this AD, do
a general visual inspection of the wire looms on the wing trailing
edge for improperly held wires in the clamps, restore the electrical
bundles to good condition, and replace the affected nylon clamps
with metallic clamps that have an elastometer lining. Do any
applicable corrective action before further flight. Repeat the
inspection thereafter at intervals not to exceed 26 months until all
clamps have been replaced.
(1) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, A300 F4-605R, F4-622R, and C4-605R Variant F airplanes; except
those on which Airbus Modification 6478 has been done: Do the
actions specified in paragraph (h) of this AD in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A300-24-6004,
Revision 03, dated June 30, 1998.
(2) For Model A310 airplanes, except those on which Airbus
Modification 6478 has been done: Do the actions specified in
paragraph (h) of this AD in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A310-24-2009, Revision 03,
dated June 30, 1998.
Action 6--Improve the Quality of the Electrical Routes
(i) For all airplanes identified in paragraphs (i)(1), (i)(2),
and (i)(3) of this AD: Within 26 months after the effective date of
this AD, replace the nylon clamps of the electrical routes in the
hydraulic compartment and in the shroud box with new metallic clamps
that have white silicone lining (for airplanes identified in
paragraph (i)(1) of this AD); and/or replace the nylon clamps and
change the location of routes 1P and 2P to improve the retention of
the wiring loom (for airplanes identified in paragraphs (i)(2) and
(i)(3) of this AD).
(1) For Model A300 airplanes; except those on which Airbus
Modification 11763 has been done: Do the action specified in
paragraph (i) of this AD in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-24-0100, dated April 7,
2005.
(2) For Model A300 B4-601, B4-603, B4-620, B4-622, B4-605R, B4-
622R, A300 F4-605R, F4-622R, and C4-605R Variant F airplanes; except
those on which Airbus Modifications 11763 and 12995 have been done:
Do the action specified in paragraph (i) of this AD in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A300-24-6084, Revision 01, dated June 28, 2005.
(3) For Model A310 airplanes, except those on which Airbus
Modification 11763 has been done: Do the action specified in
paragraph (i) of this AD in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A310-24-2091, dated March 4,
2005.
Parts Installation
(j) After the effective date of this AD, no person may install
on any airplane plate assemblies with part numbers A5351088000000 or
A5351088000100 unless they have been modified in accordance with
paragraph (f) of this AD.
Actions Accomplished According to Previous Revisions of Service
Bulletins
(k) Actions done before the effective date of this AD in
accordance with the service bulletins identified in Table 1 of this
AD are acceptable for compliance with the corresponding requirements
in this AD.
Table 1.--Previous Revisions of Service Bulletins
----------------------------------------------------------------------------------------------------------------
Airbus Service Bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
A300-24-0085............................ Original....................... December 12, 1994.
A300-24-0085............................ 03............................. January 17, 1996.
[[Page 53345]]
A300-24-0085............................ 04............................. July 23, 1996.
A300-24-0085............................ 05............................. March 6, 2001.
A300-24-6004............................ 1.............................. January 28, 1988.
A300-24-6004............................ 2.............................. February 24, 1995.
A300-24-6043............................ Original....................... December 12, 1994.
A300-24-6043............................ 01............................. February 7, 1995.
A300-24-6043............................ 02............................. May 10, 1995.
A300-24-6043............................ 03............................. January 17, 1996.
A300-24-6043............................ 04............................. March 6, 2001.
A300-24-6043............................ 05............................. August 30, 2001.
A300-24-6084............................ Original....................... March 4, 2005.
A310-24-2009............................ Original....................... May 31, 1985.
A310-24-2009............................ 1.............................. January 28, 1988.
A310-24-2009............................ 2.............................. February 24, 1995.
----------------------------------------------------------------------------------------------------------------
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(m) European Aviation Safety Agency airworthiness directive
2006-0074, dated April 3, 2006, also addresses the subject of this
AD.
Issued in Renton, Washington, on September 1, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-14945 Filed 9-8-06; 8:45 am]
BILLING CODE 4910-13-P