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Federal Register / Vol. 70, No.

243 / Tuesday, December 20, 2005 / Proposed Rules 75435

port heater assembly in accordance with the from sparking and igniting the in this action may be changed in light
service bulletin. insulation blanket adjacent to the static of the comments received.
Actions Accomplished In Accordance With port heater, which could result in smoke Submit comments using the following
Previous Issue of Service Bulletin and/or fire in the cabin area. This action format:
is intended to address the identified • Organize comments issue-by-issue.
(d) Inspections, functional tests, and
corrective actions accomplished before the unsafe condition. For example, discuss a request to
effective date of this AD in accordance with DATES: Comments must be received by
change the compliance time and a
Boeing Service Bulletin DC9–30–097, dated January 17, 2006. request to change the service bulletin
February 15, 2002; and Boeing Service reference as two separate issues.
Bulletin DC9–30–097, Revision 01, dated ADDRESSES: Submit comments in • For each issue, state what specific
January 24, 2003; are considered acceptable triplicate to the Federal Aviation change to the proposed AD is being
for compliance with the corresponding Administration (FAA), Transport requested.
actions specified in this AD. Airplane Directorate, ANM–114, • Include justification (e.g., reasons or
Alternative Methods of Compliance Attention: Rules Docket No. 2003–NM– data) for each request.
194–AD, 1601 Lind Avenue, SW., Comments are specifically invited on
(e)(1) In accordance with 14 CFR 39.19, the
Manager, Los Angeles Aircraft Certification Renton, Washington 98055–4056. the overall regulatory, economic,
Office, FAA, is authorized to approve Comments may be inspected at this environmental, and energy aspects of
alternative methods of compliance for this location between 9 a.m. and 3 p.m., the proposed AD. All comments
AD. Monday through Friday, except Federal submitted will be available, both before
(2) Before using any AMOC approved in holidays. Comments may be submitted and after the closing date for comments,
accordance with 14 CFR 39.19 on any via fax to (425) 227–1232. Comments in the Rules Docket for examination by
airplane to which the AMOC applies, notify may also be sent via the Internet using interested persons. A report
the appropriate principal inspector in the the following address: 9-anm- summarizing each FAA-public contact
FAA Flight Standards Certificate Holding
nprmcomment@faa.gov. Comments sent concerned with the substance of this
District Office.
via fax or the Internet must contain proposal will be filed in the Rules
Issued in Renton, Washington, on ‘‘Docket No. 2003–NM–194–AD’’ in the Docket.
December 12, 2005. subject line and need not be submitted Commenters wishing the FAA to
Ali Bahrami, in triplicate. Comments sent via the acknowledge receipt of their comments
Manager, Transport Airplane Directorate, Internet as attached electronic files must submitted in response to this action
Aircraft Certification Service. be formatted in Microsoft Word 97 or must submit a self-addressed, stamped
[FR Doc. 05–24246 Filed 12–19–05; 8:45 am] 2000 or ASCII text. postcard on which the following
BILLING CODE 4910–13–P The service information referenced in statement is made: ‘‘Comments to
the proposed AD may be obtained from Docket Number 2003–NM–194–AD.’’
Boeing Commercial Airplanes, Long The postcard will be date stamped and
DEPARTMENT OF TRANSPORTATION Beach Division, 3855 Lakewood returned to the commenter.
Boulevard, Long Beach, California Availability of NPRMs
Federal Aviation Administration
90846, Attention: Data and Service
Management, Dept. C1–L5A (D800– Any person may obtain a copy of this
14 CFR Part 39 NPRM by submitting a request to the
0024). This information may be
[Docket No. 2003–NM–194–AD] examined at the FAA, Transport FAA, Transport Airplane Directorate,
Airplane Directorate, 1601 Lind ANM–114, Attention: Rules Docket No.
RIN 2120–AA64 2003–NM–194–AD, 1601 Lind Avenue,
Avenue, SW., Renton, Washington; or at
the FAA, Los Angeles Aircraft SW., Renton, Washington 98055–4056.
Airworthiness Directives; McDonnell
Douglas Model MD–90–30 Airplanes Certification Office, 3960 Paramount Discussion
Boulevard, Lakewood, California. A proposal to amend part 39 of the
AGENCY: Federal Aviation
FOR FURTHER INFORMATION CONTACT: Federal Aviation Regulations (14 CFR
Administration (FAA), Department of
Transportation (DOT). Elvin Wheeler, Aerospace Engineer, part 39) to add an airworthiness
Systems and Equipment Branch, ANM– directive (AD), applicable to certain
ACTION: Supplemental notice of
130L, FAA, Los Angeles Aircraft McDonnell Douglas Model MD–90–30
proposed rulemaking; reopening of Certification Office, 3960 Paramount
comment period. airplanes, was published as a notice of
Boulevard, Lakewood, California proposed rulemaking (NPRM) in the
SUMMARY: This document revises an 90712–4137; telephone (562) 627–5344; Federal Register on March 8, 2004 (69
earlier proposed airworthiness directive fax (562) 627–5210. FR 10638). That NPRM would have
(AD), applicable to certain McDonnell SUPPLEMENTARY INFORMATION: required repetitive inspections and
Douglas Model MD–90–30 airplanes, functional tests of the static port heater
that would have required repetitive Comments Invited assemblies, an inspection of the static
inspections and functional tests of the Interested persons are invited to port heaters and insulators, and
static port heater assemblies, an participate in the making of the corrective actions if necessary. That
inspection of the static port heaters and proposed AD by submitting such NPRM was prompted by studies that
insulators, and corrective actions if written data, views, or arguments as revealed that the wiring of the static
necessary. This new action revises the they may desire. Communications shall port heater assembly may be damaged.
proposed AD by adding repetitive identify the Rules Docket number and That condition, if not corrected, could
inspections of the static port heaters and be submitted in triplicate to the address result in an electrical short of the static
insulators and revising the functional specified above. All communications port heater and consequent sparking
test of the static port heater assemblies. received on or before the closing date and ignition of the insulation blanket
The actions specified by this new for comments, specified above, will be adjacent to the static port heater, which
proposed AD are intended to prevent an considered before taking action on the could result in smoke and/or fire in the
electrical short of the static port heater proposed AD. The proposals contained cabin area.

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75436 Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Proposed Rules

Actions Since Issuance of Previous paragraph (b) of the supplemental heaters before they fail and generate
Proposal NPRM accordingly. sparks. Therefore, we have not
withdrawn this supplemental NPRM.
The airplane manufacturer informed Request To Withdraw the NPRM
the FAA that the functional test of the One commenter, the airplane Request To Revise Airplane
left and right primary and alternate manufacturer, requests that the NPRM Maintenance Manual (AMM)
static port heater assemblies must be be withdrawn. The commenter contends One commenter requests that AMM
revised to prevent damaging the aircraft that the unsafe condition no longer 30–32–00 be revised to include the
fuselage skin. An operator informed the exists. The commenter states that the procedures to check the insulator for
airplane manufacturer that performing unsafe condition was addressed by proper installation.
the current functional test will overheat Boeing Alert Service Bulletin MD90– We partially agree with the
and damage the aircraft fuselage skin. 30A023, including Appendix, dated commenter’s request. Operators should
Therefore, the airplane manufacturer March 14, 2001 (for Model MD–90–30 note that the procedures to check the
has revised the functional test and airplanes), which was mandated by AD insulator for proper installation are
issued Boeing Service Bulletin MD90– 2001–10–11, amendment 39–12237 (66 located in Boeing Model MD–90–30
30–026, Revision 1, dated May 27, 2005, FR 28651, May 24, 2001), and by Boeing AMM 30–32–01, which is a
which references the revised functional Alert Service Bulletin MD80–30A092, subparagraph of AMM 30–32–00. We
test (Boeing Service Bulletin MD90–30– including Appendix, dated March 14, have revised the reference to the AMM
026, dated February 15, 2002, is cited as 2001 (for Model DC–9–81, –82, –83, and in paragraph (b)(2) of this supplemental
the appropriate source of service –87 airplanes, and Model MD–88 NPRM accordingly.
information for doing functional tests airplanes), which was mandated by AD
specified in the original NPRM). We 2001–10–10, amendment 39–12236 (66 Request To Revise Service Bulletin
have revised the supplemental NPRM to FR 28643, May 24, 2001). The The same commenter requests that
reference Revision 1 of Boeing Service commenter states that those ADs require Boeing Service Bulletin MD90–30–026,
Bulletin MD90–30–026 as the inspecting the wiring of the primary and dated February 15, 2002 (cited as the
appropriate source of service alternate static port heaters, determining appropriate source of service
information for accomplishing certain if the type of insulation blanket information for the NPRM), be revised
proposed inspections, replacements, installed is metallized Mylar, and to include the inspection for proper
and functional tests. modifying the insulation blankets if installation as required by the NPRM.
We have also considered the necessary. The commenter notes that the service
following comments we received in The commenter also states that a bulletin does not include an inspection
response to the original NPRM: review of operator’s reports indicates for proper installation.
only two events resulted in smoke in the We do not agree with the commenter’s
Request To Add Repetitive Inspections cabin, both on one operator’s MD–88 request. We have consulted with the
airplanes. One event resulted in the manufacturer and have concluded that
The National Transportation Safety issuance of the service bulletins
Board (NTSB) requests that the the AMM provides the necessary
described previously, and the other information to properly complete the
inspection for incorrect stacking event report stated a smoke smell was
specified in paragraph (b)(2) of the inspection. Therefore, there is limited
‘‘evident.’’ The commenter notes that value in revising the service bulletin to
NPRM be changed from a one-time ‘‘in the three years since the release of
inspection to a repetitive inspection. include this information. No change is
these service bulletins and the related made to the supplemental NPRM in this
The NTSB is concerned that, after the ADs, no other static port heater smoke/
one-time inspection specified in the regard.
fire events have been reported from the
NPRM, incorrect stacking may still entire MD–80/90 fleet.’’ Clarification of Alternative Method of
occur. The NTSB states that repetitive The commenter concludes that the Compliance (AMOC) Paragraph
inspections would address any incorrect unsafe condition no longer exists, and We have revised this supplemental
stacking that may occur in the future. that the actions in the NPRM are purely NPRM to clarify the appropriate
The NTSB also states that the repetitive an enhancement. Therefore, the procedure for notifying the principal
inspection interval could be the same as commenter requests that the NPRM be inspector before using any approved
the one for the inspection specified in withdrawn. AMOC on any airplane to which the
paragraph (b)(1) of the NPRM, and We do not agree with the commenter’s AMOC applies.
therefore would not place an undue request to withdraw the NPRM.
burden on operators. Although no other static port heater Conclusion
We agree with the NTSB that the smoke/fire events have been reported Since certain changes described above
inspection required in paragraph (b)(2) since we issued ADs 2001–10–10 and expand the scope of the original NPRM,
of the supplemental NPRM be changed 2001–10–11, the potential for sparks the FAA has determined that it is
to repetitive inspections. Incorrect from an electrical short of the static port necessary to reopen the comment period
stacking of the heater and insulator will heater to ignite the insulation blanket to provide additional opportunity for
cause higher-than-normal operating adjacent to the static port heater and public comment.
temperature locally in the insulation result in smoke and/or fire in the cabin
blanket, which would lead to quicker area still exists. While ADs 2001–10–10 Cost Impact
deterioration and aging of the rubber, and 2001–10–11 require only a one-time There are approximately 116
causing it to crack and lead to electrical inspection of the wiring of the static airplanes of the affected design in the
shorting or arcing. In consideration of port heaters, this supplemental NPRM worldwide fleet. The FAA estimates that
this unsafe condition and the potential would require repetitive functional tests 22 airplanes of U.S. registry would be
for incorrect stacking, we have and inspections of the static port heater affected by this proposed AD.
determined that repetitive inspections assemblies and wiring. The proposed It would take approximately 1 work
of the heater and insulator for incorrect repetitive inspections are required to hour per airplane to accomplish the
stacking is necessary. We have revised identify and remove marginal static port proposed general visual inspection for

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Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Proposed Rules 75437

wire damage and functional test, at an would not have federalism implications (1) Perform a general visual inspection of
average labor rate of $65 per work hour. under Executive Order 13132. the left and right primary and alternate static
Based on these figures, the cost impact For the reasons discussed above, I port heater assemblies for wire damage; and
certify that this proposed regulation (1) perform a functional test of the left and right
of the proposed inspection for wire
primary and alternate static port heater
damage and functional test on U.S. is not a ‘‘significant regulatory action’’ assemblies; in accordance with the service
operators is estimated to be $1,430, or under Executive Order 12866; (2) is not bulletin.
$65 per airplane, per inspection cycle. a ‘‘significant rule’’ under the DOT
Regulatory Policies and Procedures (44 Note 1: For the purposes of this AD, a
It would also take approximately 1 general visual inspection is: ‘‘A visual
work hour per airplane to accomplish FR 11034, February 26, 1979); and (3) if examination of an interior or exterior area,
the proposed general visual inspection promulgated, will not have a significant installation or assembly to detect obvious
for proper installation, at an average economic impact, positive or negative, damage, failure or irregularity. This level of
labor rate of $65 per work hour. Based on a substantial number of small entities inspection is made from within touching
on these figures, the cost impact of the under the criteria of the Regulatory distance unless otherwise specified. A mirror
proposed inspection for proper Flexibility Act. A copy of the draft may be necessary to ensure visual access to
regulatory evaluation prepared for this all surfaces in the inspection area. This level
installation on U.S. operators is
action is contained in the Rules Docket. of inspection is made under normal available
estimated to be $1,430, or $65 per lighting conditions such as daylight, hangar
airplane, per inspection cycle. A copy of it may be obtained by lighting, flashlight or drop-light and may
The cost impact figure discussed contacting the Rules Docket at the require removal or opening of access panels
above is based on assumptions that no location provided under the caption or doors. Stands, ladders or platforms may be
operator has yet accomplished any of ADDRESSES. required to gain proximity to the area being
the proposed requirements of this AD checked.’’
List of Subjects in 14 CFR Part 39
action, and that no operator would (2) Perform a general visual inspection of
accomplish those actions in the future if Air transportation, Aircraft, Aviation the left and right primary and alternate static
this AD were not adopted. The cost safety, Safety. port heater and insulator for proper
impact figures discussed in AD The Proposed Amendment installation in accordance with a method
approved by the Manager, Los Angeles
rulemaking actions represent only the Accordingly, pursuant to the Aircraft Certification Office (ACO).
time necessary to perform the specific authority delegated to me by the Inspecting for proper installation in
actions actually required by the AD. Administrator, the Federal Aviation accordance with ‘‘Static Port Heaters—
These figures typically do not include Administration proposes to amend part Maintenance Practices’’ of McDonnell
incidental costs, such as the time 39 of the Federal Aviation Regulations Douglas MD–90–30 Airplane Maintenance
required to gain access and close up, Manual (AMM) 30–32–01 is one approved
(14 CFR part 39) as follows: method. Before further flight, correct any
planning time, or time necessitated by
other administrative actions. improper installation in accordance with a
PART 39—AIRWORTHINESS method approved by the Manager, Los
Authority for This Rulemaking DIRECTIVES Angeles ACO. Correcting improper
1. The authority citation for part 39 installation in accordance with ‘‘Static Port
Title 49 of the United States Code Heaters—Maintenance Practices’’ of AMM
specifies the FAA’s authority to issue continues to read as follows: 30–32–01 is one approved method. For an
rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701. inspection method or corrective method to be
Section 106, describes the authority of approved by the Manager, Los Angeles ACO,
§ 39.13 [Amended] as required by this paragraph, the Manager’s
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more 2. Section 39.13 is amended by approval letter must specifically refer to this
detail the scope of the Agency’s adding the following new airworthiness AD.
authority. directive: Wire Damage or Heater Failures
We are issuing this rulemaking under McDonnell Douglas: Docket 2003–NM–194– (c) If wire damage is found and/or the
the authority described in Subtitle VII, AD. heater assembly fails the functional test
Part A, Subpart III, Section 44701, Applicability: Model MD–90–30 airplanes, during the general visual inspection and
‘‘General requirements.’’ Under that certificated in any category, as identified in functional test required by paragraph (b)(1) of
section, Congress charges the FAA with Boeing Service Bulletin MD90–30–026, this AD: Before further flight, replace the
Revision 1, dated May 27, 2005. damaged or inoperative static port heater
promoting safe flight of civil aircraft in
Compliance: Required as indicated, unless assembly with a new or serviceable static
air commerce by prescribing regulations accomplished previously. port heater assembly in accordance with the
for practices, methods, and procedures To prevent an electrical short of the static service bulletin.
the Administrator finds necessary for port heater from sparking and igniting the
safety in air commerce. This regulation Actions Accomplished According to
insulation blanket adjacent to the static port
heater, which could result in smoke and/or Previous Issue of Service Bulletin
is within the scope of that authority
because it addresses an unsafe condition fire in the cabin area, accomplish the (d) Actions accomplished before the
that is likely to exist or develop on following: effective date of this AD according to Boeing
Service Bulletin MD90–30–026, dated
products identified in this rulemaking Service Bulletin References February 15, 2002, are considered acceptable
action. (a) The term ‘‘service bulletin,’’ as used in for compliance with the corresponding
Regulatory Impact this AD, means the Accomplishment actions specified in this AD.
Instructions of Boeing Service Bulletin
Alternative Methods of Compliance
The regulations proposed herein MD90–30–026, Revision 1, dated May 27,
would not have a substantial direct 2005. (e)(1) In accordance with 14 CFR 39.19, the
effect on the States, on the relationship Manager, Los Angeles ACO, FAA, is
Inspection and Functional Test authorized to approve alternative methods of
between the national Government and (b) Within 18 months after the effective compliance for this AD.
the States, or on the distribution of date of this AD, do the actions in paragraphs (2) Before using any AMOC approved in
power and responsibilities among the (b)(1) and (b)(2) of this AD. Repeat the accordance with 14 CFR 39.19 on any
various levels of government. Therefore, actions thereafter at intervals not to exceed airplane to which the AMOC applies, notify
it is determined that this proposal 48 months. the appropriate principal inspector in the

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75438 Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Proposed Rules

FAA Flight Standards Certificate Holding Anchorage, AK 99513–7587; telephone placed on a mailing list for future
District Office. number (907) 271–5898; fax: (907) 271– NPRM’s should contact the FAA’s
Issued in Renton, Washington, on 2850; e-mail: gary.ctr.rolf@faa.gov. Office of Rulemaking, (202) 267–9677,
December 12, 2005. Internet address: http:// to request a copy of Advisory Circular
Ali Bahrami, www.alaska.faa.gov/at. No. 11–2A, Notice of Proposed
Manager, Transport Airplane Directorate, SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which
Aircraft Certification Service. describes the application procedure.
Comments Invited
[FR Doc. 05–24247 Filed 12–19–05; 8:45 am] The Proposal
BILLING CODE 4910–13–P
Interested parties are invited to
participate in this proposed rulemaking The FAA is considering an
by submitting such written data, views, amendment to the Code of Federal
DEPARTMENT OF TRANSPORTATION or arguments as they may desire. Regulations (14 CFR part 71), which
Comments that provide the factual basis would revise the Class E airspace at
Federal Aviation Administration supporting the views and suggestions Sand Point, AK. The intended effect of
presented are particularly helpful in this proposal is to modify Class E
14 CFR Part 71 developing reasoned regulatory airspace upward from 700 ft. and 1,200
decisions on the proposal. Comments ft. above the surface to contain
[Docket No. FAA–2005–23026; Airspace Instrument Flight Rules (IFR) operations
are specifically invited on the overall
Docket No. 05–AAL–39] at Sand Point, AK.
regulatory, aeronautical, economic,
environmental, and energy-related The FAA Instrument Flight
Proposed Revision of Class E
aspects of the proposal. Procedures Production and
Airspace; Sand Point, AK
Communications should identify both Maintenance Branch has developed
AGENCY: Federal Aviation docket numbers and be submitted in three new SIAPs, revised the DP, and
Administration (FAA), DOT. triplicate to the address listed above. modified one SIAP for the Sand Point
ACTION: Notice of proposed rulemaking. Commenters wishing the FAA to Airport. The new approaches are: (1)
acknowledge receipt of their comments Area Navigation (Global Positioning
SUMMARY: This action proposes to revise on this notice must submit with those System) (RNAV (GPS)) Runway (RWY)
the Class E airspace at Sand Point, AK. comments a self-addressed, stamped 13, original; (2) Non-directional Beacon
Three new Standard Instrument postcard on which the following (NDB)/Distance Measuring Equipment
Approach Procedures (SIAPs), a revised statement is made: ‘‘Comments to (DME) RWY 13, original; (3) NDB/DME
Departure Procedure (DP) and a revised Docket No. FAA–2005–23026/Airspace RWY 31, original. The unnamed revised
SIAP are being published for the Sand Docket No. 05–AAL–39.’’ The postcard DP is published in the front of the U.S.
Point Airport. Adoption of this proposal will be date/time stamped and returned Terminal Procedures Alaska Vol 1. The
would result in revised Class E airspace to the commenter. revised SIAP is the NDB RWY 13,
upward from 700 feet (ft.) and 1,200 ft. All communications received on or Amendment 1. Modified Class E
above the surface at Sand Point, AK. before the specified closing date for controlled airspace extending upward
DATES: Comments must be received on comments will be considered before from 700 ft. and 1,200 ft. above the
or before February 3, 2006. taking action on the proposed rule. The surface within the Sand Point Airport
proposal contained in this notice may area would be established by this action.
ADDRESSES: Send comments on the The proposed airspace is sufficient to
be changed in light of comments
proposal to the Docket Management contain aircraft executing the new and
received. All comments submitted will
System, U.S. Department of revised instrument procedures at the
be available for examination in the
Transportation, Room Plaza 401, 400 Sand Point Airport.
public docket both before and after the
Seventh Street, SW., Washington, DC The area would be depicted on
closing date for comments. A report
20590–0001. You must identify the aeronautical charts for pilot reference.
summarizing each substantive public
docket number FAA–2005–23026/ The coordinates for this airspace docket
contact with FAA personnel concerned
Airspace Docket No. 05–AAL–39, at the are based on North American Datum 83.
with this rulemaking will be filed in the
beginning of your comments. You may The Class E airspace areas designated as
docket.
also submit comments on the Internet at 700/1200 foot transition areas are
http://dms.dot.gov. You may review the Availability of Notice of Proposed published in paragraph 6005 in FAA
public docket containing the proposal, Rulemaking’s (NPRM’s) Order 7400.9N, Airspace Designations
any comments received, and any final An electronic copy of this document and Reporting Points, dated September
disposition in person in the Dockets may be downloaded through the 1, 2005, and effective September 15,
Office between 9 a.m. and 5 p.m., Internet at http://dms.dot.gov. Recently 2005, which is incorporated by
Monday through Friday, except Federal published rulemaking documents can reference in 14 CFR 71.1. The Class E
holidays. The Docket Office (telephone also be accessed through the FAA’s Web airspace designations listed in this
1–800–647–5527) is on the plaza level page at http://www.faa.gov or the document would be published
of the Department of Transportation Superintendent of Document’s Web subsequently in the Order.
NASSIF Building at the above address. page at http://www.access.gpo.gov/nara. The FAA has determined that this
An informal docket may also be Additionally, any person may obtain proposed regulation only involves an
examined during normal business hours a copy of this notice by submitting a established body of technical
at the office of the Manager, Safety, request to the Federal Aviation regulations for which frequent and
Alaska Flight Service Operations, Administration, Office of Air Traffic routine amendments are necessary to
Federal Aviation Administration, 222 Airspace Management, ATA–400, 800 keep them operationally current. It,
West 7th Avenue, Box 14, Anchorage, Independence Avenue, SW., therefore: (1) Is not a ‘‘significant
AK 99513–7587. Washington, DC 20591 or by calling regulatory action’’ under Executive
FOR FURTHER INFORMATION CONTACT: Gary (202) 267–8783. Communications must Order 12866; (2) is not a ‘‘significant
Rolf, Federal Aviation Administration, identify both docket numbers for this rule’’ under DOT Regulatory Policies
222 West 7th Avenue, Box 14, notice. Persons interested in being and Procedures (44 FR 11034; February

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