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Federal Register / Vol. 73, No.

60 / Thursday, March 27, 2008 / Proposed Rules 16221

and Model 328–300 airplanes, having S/Ns and support struts of the passenger doors, in DEPARTMENT OF TRANSPORTATION
3102, 3105, 3108, 3111, 3114, 3116, 3118, accordance with the Accomplishment
and 3120 through 3224; certificated in any Instructions of AvCraft Dornier Service Federal Aviation Administration
category. Bulletin SB–328–52–460 (for Model 328–100
Subject airplanes) or SB–328J–52–213, (for Model 14 CFR Part 39
328–300 airplanes), both dated February 4,
(d) Air Transport Association (ATA) of 2005, as applicable. [Docket No. FAA–2008–0363; Directorate
America Code 11: Placards and Markings; Identifier 2008–NM–020–AD]
and Code 52: Doors. FAA AD Differences
Reason Note: This AD differs from the MCAI and/ RIN 2120–AA64
(e) The mandatory continuing or service information as follows: No
differences. Airworthiness Directives; Bombardier
airworthiness information (MCAI) states: Model CL–600–2B19 (Regional Jet
At least one incident has occurred where, Other FAA AD Provisions
immediately after take-off, the passenger door Series 100 & 440) Airplanes
of a Dornier 328 completely opened. The (g) The following provisions also apply to
this AD:
AGENCY: Federal Aviation
flight crew reportedly had no cockpit
indication or audible chime prior to this (1) Alternative Methods of Compliance Administration (FAA), DOT.
event. The aircraft returned to the departure (AMOCs): The Manager, International ACTION: Notice of proposed rulemaking
airfield and made an uneventful emergency Branch, ANM–116, FAA, has the authority to (NPRM).
landing. Substantial damage to the door, approve AMOCs for this AD, if requested
handrails, door hinge arms and fuselage skin using the procedures found in 14 CFR 39.19. SUMMARY: We propose to adopt a new
were found. Send information to ATTN: Dan Rodina, airworthiness directive (AD) for the
The subsequent investigation could not Aerospace Engineer, International Branch, products listed above. This proposed
find any deficiency in the design of the main ANM–116, Transport Airplane Directorate, AD results from mandatory continuing
cabin door locking mechanism. In addition, FAA, 1601 Lind Avenue, SW., Renton,
no technical failure could be determined that
airworthiness information (MCAI)
Washington 98057–3356; telephone (425)
precipitated the event. The flight data 227–2125; fax (425) 227–1149. Before using originated by an aviation authority of
recorder showed that the door was closed any approved AMOC on any airplane to another country to identify and correct
and locked before take-off and opened which the AMOC applies, notify your an unsafe condition on an aviation
shortly afterward. Although final proof could appropriate principal inspector (PI) in the product. The MCAI describes the unsafe
not be obtained, the most likely way in FAA Flight Standards District Office (FSDO), condition as:
which the door opened was that the door or lacking a PI, your local FSDO.
handle was inadvertently operated during the (2) Airworthy Product: For any requirement * * * * *
take-off run. in this AD to obtain corrective actions from This assessment showed that the electrical
In response to the incident, AvCraft (the a manufacturer or other source, use these harness of the Fuel Quantity Gauging System
TC (type certificate) holder at the time) actions if they are FAA-approved. Corrective (FQGS) is installed in the same routing as the
developed a placard set to warn the actions are considered FAA-approved if they 28 Volts AC, 28 Volts DC, and 115 Volts AC
occupants against touching the door handle, are approved by the State of Design Authority electrical harnesses. A chafing condition
as well as a structural modification of the (or their delegated agent). You are required between these electrical harnesses and the
passenger door hinge supports to make to assure the product is airworthy before it FQGS harness could increase the surface
certain that the door does not separate from is returned to service. temperatures of fuel quantity probes and high
the aircraft when inadvertently opened (3) Reporting Requirements: For any level sensors inside the fuel tank, resulting in
during flight, allowing a safe descent and reporting requirement in this AD, under the potential ignition source[s] and consequent
landing. provisions of the Paperwork Reduction Act, fuel tank explosion.
Although the event described above did the Office of Management and Budget (OMB)
not prevent the flight crew from landing the * * * * *
has approved the information collection The proposed AD would require actions
aircraft safely, the condition of the aircraft requirements and has assigned OMB Control
immediately after the opening of the door has that are intended to address the unsafe
Number 2120–0056.
been determined to have been unsafe. [T]his condition described in the MCAI.
Airworthiness Directive (AD) aims to prevent Related Information DATES: We must receive comments on
further incidents of inadvertent opening and (h) Refer to MCAI European Aviation this proposed AD by April 28, 2008.
possible detachment of a passenger door in- Safety Agency (EASA) Airworthiness
flight, likely resulting in damage to airframe ADDRESSES: You may send comments by
Directive 2007–0199, dated July 25, 2007
and systems and, under less favorable any of the following methods:
(corrected July 26, 2007), and the service
circumstances, loss of control of the aircraft. bulletins described in Table 1 of this AD, for • Federal eRulemaking Portal: Go to
* * * * * related information. http://www.regulations.gov. Follow the
Corrective actions include installing warning instructions for submitting comments.
placards on the doors, and doing a TABLE 1.—SERVICE INFORMATION • Fax: (202) 493–2251.
modification that includes replacing the • Mail: U.S. Department of
hinge supports and support struts of the Transportation, Docket Operations, M–
AvCraft Dornier
passenger doors with new, improved hinge Dated
Service Bulletin 30, West Building Ground Floor, Room
supports and support struts.
W12–140, 1200 New Jersey Avenue, SE.,
Actions and Compliance SB–328–11–454 ........... May 3, 2004. Washington, DC 20590.
SB–328–52–460 ........... February 4, 2005. • Hand Delivery: U.S. Department of
(f) Unless already done, do the following SB–328J–11–209 .......... May 3, 2004.
actions.
SB–328J–52–213 .......... February 4, 2005.
Transportation, Docket Operations, M–
(1) Within 30 days after the effective date 30, West Building Ground Floor, Room
of this AD, install warning placards on the W12–40, 1200 New Jersey Avenue, SE.,
inside of the passenger door and service Issued in Renton, Washington, on March Washington, DC, between 9 a.m. and 5
doors, in accordance with AvCraft Dornier 20, 2008.
p.m., Monday through Friday, except
Service Bulletin SB–328–11–454 (for Model
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Dionne Palermo, Federal holidays.


328–100 airplanes) or SB–328J–11–209 (for
Acting Manager, Transport Airplane
Model 328–300 airplanes), both dated May 3, Examining the AD Docket
Directorate, Aircraft Certification Service.
2004, as applicable.
(2) Within 12 months after the effective [FR Doc. E8–6296 Filed 3–26–08; 8:45 am] You may examine the AD docket on
date of this AD, modify the hinge supports BILLING CODE 4910–13–P the Internet at http://

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16222 Federal Register / Vol. 73, No. 60 / Thursday, March 27, 2008 / Proposed Rules

www.regulations.gov; or in person at the FQGS harness could increase the surface We have determined that the actions
Docket Operations office between 9 a.m. temperatures of fuel quantity probes and high identified in this AD are necessary to
and 5 p.m., Monday through Friday, level sensors inside the fuel tank, resulting in reduce the potential of ignition sources
except Federal holidays. The AD docket potential ignition source[s] and consequent inside fuel tanks, which, in combination
fuel tank explosion.
contains this proposed AD, the To correct the unsafe condition, this
with flammable fuel vapors, could result
regulatory evaluation, any comments directive mandates the modification of FQGS in fuel tank explosions and consequent
received, and other information. The electrical harness routing. loss of the airplane.
street address for the Docket Operations
You may obtain further information by Relevant Service Information
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will examining the MCAI in the AD docket. Bombardier has issued Service
be available in the AD docket shortly The FAA has examined the Bulletin 601R–28–059, Revision E,
after receipt. underlying safety issues involved in fuel dated October 29, 2007. The actions
FOR FURTHER INFORMATION CONTACT: tank explosions on several large described in this service information are
Richard Fiesel, Aerospace Engineer, transport airplanes, including the intended to correct the unsafe condition
Airframe and Propulsion Branch, ANE– adequacy of existing regulations, the identified in the MCAI.
171, FAA, New York Aircraft service history of airplanes subject to FAA’s Determination and Requirements
Certification Office, 1600 Stewart those regulations, and existing of This Proposed AD
Avenue, Suite 410, Westbury, New York maintenance practices for fuel tank
11590; telephone (516) 228–7304; fax systems. As a result of those findings, This product has been approved by
(516) 794–5531. we issued a regulation titled ‘‘Transport the aviation authority of another
Airplane Fuel Tank System Design country, and is approved for operation
SUPPLEMENTARY INFORMATION:
Review, Flammability Reduction and in the United States. Pursuant to our
Comments Invited Maintenance and Inspection bilateral agreement with the State of
We invite you to send any written Requirements’’ (66 FR 23086, May 7, Design Authority, we have been notified
relevant data, views, or arguments about 2001). In addition to new airworthiness of the unsafe condition described in the
this proposed AD. Send your comments standards for transport airplanes and MCAI and service information
to an address listed under the new maintenance requirements, this referenced above. We are proposing this
ADDRESSES section. Include ‘‘Docket No. rule included Special Federal Aviation AD because we evaluated all pertinent
FAA–2008–0363; Directorate Identifier Regulation Number 88 (‘‘SFAR 88,’’ information and determined an unsafe
2008–NM–020–AD’’ at the beginning of Amendment 21–78, and subsequent condition exists and is likely to exist or
your comments. We specifically invite Amendments 21–82 and 21–83). develop on other products of the same
comments on the overall regulatory, Among other actions, SFAR 88 type design.
economic, environmental, and energy requires certain type design (i.e., type Differences Between This AD and the
aspects of this proposed AD. We will certificate (TC) and supplemental type MCAI or Service Information
consider all comments received by the certificate (STC)) holders to substantiate We have reviewed the MCAI and
closing date and may amend this that their fuel tank systems can prevent related service information and, in
proposed AD based on those comments. ignition sources in the fuel tanks. This general, agree with their substance. But
We will post all comments we requirement applies to type design we might have found it necessary to use
receive, without change, to http:// holders for large turbine-powered different words from those in the MCAI
www.regulations.gov, including any transport airplanes and for subsequent to ensure the AD is clear for U.S.
personal information you provide. We modifications to those airplanes. It operators and is enforceable. In making
will also post a report summarizing each requires them to perform design reviews these changes, we do not intend to differ
substantive verbal contact we receive and to develop design changes and substantively from the information
about this proposed AD. maintenance procedures if their designs provided in the MCAI and related
Discussion do not meet the new fuel tank safety service information.
standards. As explained in the preamble We might also have proposed
Transport Canada Civil Aviation to the rule, we intended to adopt
(TCCA), which is the aviation authority different actions in this AD from those
airworthiness directives to mandate any in the MCAI in order to follow FAA
for Canada, has issued Canadian changes found necessary to address
Airworthiness Directive CF–2007–36, policies. Any such differences are
unsafe conditions identified as a result highlighted in a NOTE within the
dated December 21, 2007 (referred to of these reviews.
after this as ‘‘the MCAI’’), to correct an proposed AD.
In evaluating these design reviews, we
unsafe condition for the specified Costs of Compliance
have established four criteria intended
products. The MCAI states:
to define the unsafe conditions Based on the service information, we
Bombardier Aerospace has completed a associated with fuel tank systems that estimate that this proposed AD would
system safety review of the CL–600–2B19 require corrective actions. The affect about 709 products of U.S.
aircraft fuel system against new fuel tank
safety standards, introduced in Chapter 525
percentage of operating time during registry. We also estimate that it would
of the Airworthiness Manual through Notice which fuel tanks are exposed to take about 83 work-hours per product to
of Proposed Amendment (NPA) 2002–043. flammable conditions is one of these comply with the basic requirements of
The identified non-compliances were criteria. The other three criteria address this proposed AD. The average labor
assessed using Transport Canada Policy the failure types under evaluation: rate is $80 per work-hour. Required
Letter No. 525–001, to determine if single failures, single failures in parts would cost about $15,552 per
mandatory corrective action is required. combination with a latent condition(s), product. Where the service information
This assessment showed that the electrical
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and in-service failure experience. For all lists required parts costs that are
harness of the Fuel Quantity Gauging System
(FQGS) is installed in the same routing as the four criteria, the evaluations included covered under warranty, we have
28 Volts AC, 28 Volts DC, and 115 Volts AC consideration of previous actions taken assumed that there will be no charge for
electrical harnesses. A chafing condition that may mitigate the need for further these costs. As we do not control
between these electrical harnesses and the action. warranty coverage for affected parties,

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Federal Register / Vol. 73, No. 60 / Thursday, March 27, 2008 / Proposed Rules 16223

some parties may incur costs higher 2. Is not a ‘‘significant rule’’ under the numbers 7003 through 7067 inclusive, and
than estimated here. Based on these DOT Regulatory Policies and Procedures 7069 through 7982 inclusive.
figures, we estimate the cost of the (44 FR 11034, February 26, 1979); and Subject
proposed AD on U.S. operators to be 3. Will not have a significant
(d) Air Transport Association (ATA) of
$15,734,128, or $22,192 per product. economic impact, positive or negative,
America Code 28: Fuel.
on a substantial number of small entities
Authority for This Rulemaking Reason
under the criteria of the Regulatory
Title 49 of the United States Code Flexibility Act. (e) The mandatory continuing
specifies the FAA’s authority to issue We prepared a regulatory evaluation airworthiness information (MCAI) states:
rules on aviation safety. Subtitle I, of the estimated costs to comply with Bombardier Aerospace has completed a
section 106, describes the authority of this proposed AD and placed it in the system safety review of the CL–600–2B19
the FAA Administrator. ‘‘Subtitle VII: AD docket. aircraft fuel system against new fuel tank
Aviation Programs’’ describes in more safety standards, introduced in Chapter 525
detail the scope of the Agency’s List of Subjects in 14 CFR Part 39 of the Airworthiness Manual through Notice
authority. Air transportation, Aircraft, Aviation of Proposed Amendment (NPA) 2002–043.
We are issuing this rulemaking under safety, Safety. The identified non-compliances were
the authority described in ‘‘Subtitle VII, assessed using Transport Canada Policy
The Proposed Amendment Letter No. 525–001, to determine if
Part A, Subpart III, Section 44701:
Accordingly, under the authority mandatory corrective action is required.
General requirements.’’ Under that This assessment showed that the electrical
section, Congress charges the FAA with delegated to me by the Administrator, harness of the Fuel Quantity Gauging System
promoting safe flight of civil aircraft in the FAA proposes to amend 14 CFR part (FQGS) is installed in the same routing as the
air commerce by prescribing regulations 39 as follows: 28 Volts AC, 28 Volts DC, and 115 Volts AC
for practices, methods, and procedures electrical harnesses. A chafing condition
the Administrator finds necessary for PART 39—AIRWORTHINESS between these electrical harnesses and the
safety in air commerce. This regulation DIRECTIVES FQGS harness could increase the surface
is within the scope of that authority temperatures of fuel quantity probes and high
1. The authority citation for part 39
because it addresses an unsafe condition level sensors inside the fuel tank, resulting in
continues to read as follows: potential ignition source[s] and consequent
that is likely to exist or develop on Authority: 49 U.S.C. 106(g), 40113, 44701. fuel tank explosion.
products identified in this rulemaking To correct the unsafe condition, this
action. § 39.13 [Amended] directive mandates the modification of FQGS
Regulatory Findings 2. The FAA amends § 39.13 by adding electrical harness routing.
the following new AD:
We determined that this proposed AD Actions and Compliance
would not have federalism implications Bombardier, Inc. (Formerly Canadair): (f) Within 10,000 flight hours after the
Docket No. FAA–2008–0363; Directorate effective date of this AD, unless already
under Executive Order 13132. This Identifier 2008–NM–020–AD.
proposed AD would not have a done, do the following actions.
substantial direct effect on the States, on Comments Due Date (1) Modify the FQGS harness routing
the relationship between the national (a) We must receive comments by April 28, according to the Accomplishment
2008. Instructions of Bombardier Service Bulletin
Government and the States, or on the
601R–28–059, Revision E, dated October 29,
distribution of power and Affected ADs 2007.
responsibilities among the various (2) Actions done before the effective date
(b) None.
levels of government. of this AD in accordance with the
For the reasons discussed above, I Applicability Bombardier Service Information specified in
certify this proposed regulation: (c) This AD applies to Bombardier Model Table 1 of this AD are acceptable for
1. Is not a ‘‘significant regulatory CL–600–2B19 (Regional Jet Series 100 & 440) compliance with the corresponding
action’’ under Executive Order 12866; airplanes; certificated in any category; serial requirements of this AD.

TABLE 1.—SERVICE INFORMATION


Service Bulletin No. Revision Date

601R–28–059 ........................................................................................................................................... Original .................. October 19, 2004.


601R–28–059 ........................................................................................................................................... A ............................ July 28, 2005.
601R–28–059 ........................................................................................................................................... B ............................ November 17,
2005.
601R–28–059 ........................................................................................................................................... C ........................... March 8, 2007.
601R–28–059 ........................................................................................................................................... D ........................... May 10, 2007.

FAA AD Differences authority to approve AMOCs for this AD, if FAA Flight Standards District Office (FSDO),
requested using the procedures found in 14 or lacking a PI, your local FSDO.
Note: This AD differs from the MCAI and/
or service information as follows: No CFR 39.19. Send information to ATTN: (2) Airworthy Product: For any requirement
differences. Richard Fiesel, Aerospace Engineer, Airframe in this AD to obtain corrective actions from
and Propulsion Branch, ANE–171, FAA, New a manufacturer or other source, use these
Other FAA AD Provisions York ACO, 1600 Stewart Avenue, Suite 410, actions if they are FAA-approved. Corrective
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(g) The following provisions also apply to Westbury, New York 11590; telephone (516) actions are considered FAA-approved if they
this AD: 228–7304; fax (516) 794–5531. Before using are approved by the State of Design Authority
(1) Alternative Methods of Compliance any approved AMOC on any airplane to (or their delegated agent). You are required
(AMOCs): The Manager, New York Aircraft which the AMOC applies, notify your to assure the product is airworthy before it
Certification Office (ACO), FAA, has the appropriate principal inspector (PI) in the is returned to service.

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16224 Federal Register / Vol. 73, No. 60 / Thursday, March 27, 2008 / Proposed Rules

(3) Reporting Requirements: For any waste from vessels 300 gross registered • Remove an exception for
reporting requirement in this AD, under the tons (GRT) or more with sufficient discharging or depositing food waste
provisions of the Paperwork Reduction Act, holding tank capacity to hold treated resulting from meals on board vessels;
the Office of Management and Budget (OMB) sewage while within the sanctuary and and
has approved the information collection
limit the exception for graywater • Revise language for discharges and
requirements and has assigned OMB Control
Number 2120–0056. discharges to vessels less than 300 GRT, deposits from beyond the boundary of
and vessels 300 GRT or more without the sanctuary that subsequently enter
Related Information sufficient holding tank capacity to hold the Sanctuary and injure Sanctuary
(h) Refer to MCAI Canadian Airworthiness graywater while within the MBNMS. resources.
Directive CF–2007–36, dated December 21, DATES: Comments will be considered if For the GFNMS, proposed new
2007, and Bombardier Service Bulletin 601R– regulations (71 FR 59338, October 6,
28–059, Revision E, dated October 29, 2007,
received by May 9, 2008.
2006) included prohibitions on:
for related information. ADDRESSES: Written comments should
• Discharging or depositing from
Issued in Renton, Washington, on March
be sent by mail to: Sean Morton, JMPR within or into the sanctuary any
18, 2008. Management Plan Coordinator, NOAA’s material or other matter from a cruise
Dionne Palermo,
Office of National Marine Sanctuaries, ship, except vessel engine and generator
1305 East-West Highway, N/ORM–6, cooling water; and
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
Silver Spring, MD 20910, by e-mail to: • Discharging or depositing, from
jointplancomments@noaa.gov, or by fax beyond the boundary of the sanctuary,
[FR Doc. E8–6299 Filed 3–26–08; 8:45 am]
to (301) 713–0404. Copies of the DMP/ any material or other matter that
BILLING CODE 4910–13–P
DEIS are available from the same subsequently enters the sanctuary and
address and on the Web at: http:// injures a sanctuary resource or quality.
www.sanctuaries.nos.noaa.gov/ For the GFNMS, proposed revisions to
DEPARTMENT OF COMMERCE jointplan. Comments can also be existing regulations (71 FR 59338,
submitted to the Federal e-Rulemaking October 6, 2006) would:
National Oceanic and Atmospheric
Portal: http://www.regulations.gov. • Clarify that discharges/deposits
Administration
Follow the instructions for submitting allowed from marine sanitation devices
comments. apply only to Type I and Type II marine
15 CFR Part 922
FOR FURTHER INFORMATION CONTACT: sanitation devices, and that the vessel
[Docket No. 080302355–8413–01] operators are required to lock all marine
Sean Morton, NOAA Office of National
RINs 0648 AT14, 0648 AT15, 0648 AT16 Marine Sanctuaries, 301–713–7264 or sanitation devices in a manner that
sean.morton@noaa.gov. prevents discharge of untreated sewage;
Office of National Marine Sanctuaries and
SUPPLEMENTARY INFORMATION: Pursuant • Remove exceptions to the
Regulations
to section 304(e) of the National Marine discharging or depositing prohibition
AGENCY: Office of National Marine Sanctuaries Act (16 U.S.C. 1434 et seq.) that pertain to discharge of municipal
Sanctuaries (ONMS), National Ocean (NMSA), the ONMS conducted a review sewage.
Service (NOS), National Oceanic and of the management plans for the For the MBNMS, proposed new
Atmospheric Administration (NOAA), CBNMS, GFNMS, and MBNMS. The regulations (71 FR 59050, October 6,
Department of Commerce (DOC). review resulted in proposed new 2006) included prohibitions on:
ACTION: Proposed rule. management plans for the sanctuaries, • Discharging or depositing any
some proposed revisions to existing material or other matter from a cruise
SUMMARY: The National Oceanic and regulations, some proposed new ship other than vessel engine cooling
Atmospheric Administration (NOAA) regulations, and some proposed changes water, vessel generator cooling water, or
previously published proposed revised to the designation documents. Certain anchor wash.
management plans, revised Designation discharges or deposits of material or For the MBNMS, proposed revisions
Documents, and revised regulations for other matter from within or into the to existing regulations (71 FR 59050,
the Cordell Bank National Marine sanctuaries from vessels in general and October 6, 2006) would:
Sanctuary (CBNMS), Gulf of the certain discharges or deposits from • Clarify that discharges/deposits
Farallones National Marine Sanctuary cruise ships were among regulations allowed from marine sanitation devices
(GFNMS), and Monterey Bay National proposed for modification or addition. apply only to Type I and Type II marine
Marine Sanctuary (MBNMS). The For the CBNMS, proposed new sanitation devices and that vessel
currently pending proposed regulations regulations (71 FR 59039, October 6, operators are required to lock all marine
would revise and provide greater clarity 2006) included prohibitions on: sanitation devices in a manner that
to existing regulations. • Discharging or depositing from prevents discharge of untreated sewage;
After reviewing public comments on within or into the Sanctuary any • Clarify that the prohibition against
the proposed rules, including a request material or other matter from a cruise discharges/deposits applies to
from the California State Water ship, except vessel engine and generator discharges/deposits both within and
Resources Control Board to prohibit cooling water. into the sanctuary;
discharges from certain vessels in For the CBNMS, proposed revisions to • Clarify that discharges/deposits
national marine sanctuaries offshore of existing regulations (71 FR 59039, resulting from cruise ship generator
California, and further analyzing vessel October 6, 2006) would: cooling water, anchor wash, and clean
discharge issues, NOAA now proposes • Clarify that discharges/deposits bilge water (defined as not containing
additional discharge regulations for the allowed from marine sanitation devices detectable levels of harmful matter) are
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CBNMS, GFNMS, and MBNMS apply only to Type I and Type II marine excepted from the cruise ship discharge/
consistent with the request of the sanitation devices and all vessel deposit prohibition.
California State Water Resources operators are required to lock all marine NOAA published these proposals in
Control Board. This proposed rule sanitation devices in a manner that 2006 in the CBNMS, GFNMS, and
would prohibit discharge of treated prevents discharge of untreated sewage; MBNMS Draft Management Plans

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