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Federal Register / Vol. 72, No.

222 / Monday, November 19, 2007 / Proposed Rules 64957

(2) To request a different method of that inspection, and repair if necessary. to an address listed under the
compliance or a different compliance time This proposed AD results from a design ADDRESSES section. Include ‘‘Docket No.
for this AD, follow the procedures in 14 CFR review of the fuel tank systems. We are FAA–2007–0201; Directorate Identifier
39.19. Before using any approved AMOC on proposing this AD to prevent the 2007–NM–163–AD’’ at the beginning of
any airplane to which the AMOC applies,
notify your appropriate principal inspector
potential for ignition sources inside fuel your comments. We specifically invite
(PI) in the FAA Flight Standards District tanks caused by latent failures, comments on the overall regulatory,
Office (FSDO), or lacking a PI, your local alterations, repairs, or maintenance economic, environmental, and energy
FSDO. actions, which, in combination with aspects of this proposed AD. We will
(3) An AMOC that provides an acceptable flammable fuel vapors, could result in a consider all comments received by the
level of safety may be used for any repair fuel tank explosion and consequent loss closing date and may amend this
required by this AD, if it is approved by an of the airplane. proposed AD because of those
Authorized Representative for the Boeing comments.
DATES: We must receive comments on
Commercial Airplanes Delegation Option We will post all comments we
Authorization Organization who has been this proposed AD by January 3, 2008.
receive, without change, to http://
authorized by the Manager, Seattle ACO, to ADDRESSES: You may send comments by
www.regulations.gov, including any
make those findings. For a repair method to any of the following methods:
personal information you provide. We
be approved, the repair must meet the • Federal eRulemaking Portal: Go to
certification basis of the airplane, and the will also post a report summarizing each
http://www.regulations.gov. Follow the
approval must specifically refer to this AD. substantive verbal contact we receive
instructions for submitting comments.
about this proposed AD.
Issued in Renton, Washington, on • Fax: 202–493–2251.
November 7, 2007. • Mail: U.S. Department of Discussion
Ali Bahrami, Transportation, Docket Operations, M– The FAA has examined the
Manager, Transport Airplane Directorate, 30, West Building Ground Floor, Room underlying safety issues involved in fuel
Aircraft Certification Service. W12–140, 1200 New Jersey Avenue, SE., tank explosions on several large
[FR Doc. E7–22548 Filed 11–16–07; 8:45 am] Washington, DC 20590. transport airplanes, including the
BILLING CODE 4910–13–P
• Hand Delivery: U.S. Department of adequacy of existing regulations, the
Transportation, Docket Operations, M– service history of airplanes subject to
30, West Building Ground Floor, Room those regulations, and existing
DEPARTMENT OF TRANSPORTATION W12–140, 1200 New Jersey Avenue, SE., maintenance practices for fuel tank
Washington, DC 20590, between 9 a.m. systems. As a result of those findings,
Federal Aviation Administration and 5 p.m., Monday through Friday, we issued a regulation titled ‘‘Transport
except Federal holidays. Airplane Fuel Tank System Design
14 CFR Part 39 For service information identified in Review, Flammability Reduction and
this AD, contact Boeing Commercial Maintenance and Inspection
[Docket No. FAA–2007–0201; Directorate
Identifier 2007–NM–163–AD] Airplanes, Long Beach Division, 3855 Requirements’’ (66 FR 23086, May 7,
Lakewood Boulevard, Long Beach, 2001). In addition to new airworthiness
RIN 2120–AA64 California 90846, Attention: Data and standards for transport airplanes and
Service Management, Dept. C1–L5A new maintenance requirements, this
Airworthiness Directives; McDonnell (D800–0024).
Douglas Model DC–10–10 and DC–10– rule included Special Federal Aviation
10F Airplanes, Model DC–10–15 Examining the AD Docket Regulation No. 88 (‘‘SFAR 88,’’
Airplanes, Model DC–10–30 and DC– Amendment 21–78, and subsequent
You may examine the AD docket on Amendments 21–82 and 21–83).
10–30F (KC–10A and KDC–10) the Internet at http://
Airplanes, Model DC–10–40 and DC– Among other actions, SFAR 88
www.regulations.gov; or in person at the requires certain type design (i.e., type
10–40F Airplanes, Model MD–10–10F Docket Management Facility between 9
and MD–10–30F Airplanes, and Model certificate (TC) and supplemental type
a.m. and 5 p.m., Monday through certificate (STC)) holders to substantiate
MD–11 and MD–11F Airplanes Friday, except Federal holidays. The AD that their fuel tank systems can prevent
AGENCY: Federal Aviation docket contains this proposed AD, the ignition sources in the fuel tanks. This
Administration (FAA), Department of regulatory evaluation, any comments requirement applies to type design
Transportation (DOT). received, and other information. The holders for large turbine-powered
street address for the Docket Office transport airplanes and for subsequent
ACTION: Notice of proposed rulemaking
(telephone 800–647–5527) is in the modifications to those airplanes. It
(NPRM).
ADDRESSES section. Comments will be requires them to perform design reviews
SUMMARY: The FAA proposes to adopt a available in the AD docket shortly after and to develop design changes and
new airworthiness directive (AD) for all receipt. maintenance procedures if their designs
McDonnell Douglas airplane models FOR FURTHER INFORMATION CONTACT: do not meet the new fuel tank safety
identified above. This proposed AD Philip C. Kush, Aerospace Engineer, standards. As explained in the preamble
would require revising the FAA- Propulsion Branch, ANM–140L, FAA, to the rule, we intended to adopt
approved maintenance program, or the Los Angeles Aircraft Certification airworthiness directives to mandate any
Airworthiness Limitations (AWLs) Office, 3960 Paramount Boulevard, changes found necessary to address
section of the Instructions for Continued Lakewood, California 90712–4137; unsafe conditions identified as a result
Airworthiness, as applicable, to telephone (562) 627–5263; fax (562) of these reviews.
incorporate new AWLs for fuel tank 627–5210. In evaluating these design reviews, we
ebenthall on PRODPC61 with PROPOSALS

systems to satisfy Special Federal SUPPLEMENTARY INFORMATION: have established four criteria intended
Aviation Regulation No. 88 to define the unsafe conditions
requirements. For certain airplanes, this Comments Invited associated with fuel tank systems that
proposed AD would also require the We invite you to send any written require corrective actions. The
initial accomplishment of a certain relevant data, views, or arguments about percentage of operating time during
repetitive AWL inspection to phase in this proposed AD. Send your comments which fuel tanks are exposed to

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64958 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Proposed Rules

flammable conditions is one of these Airworthiness, as applicable, by Changes to Fuel Tank System AWLs
criteria. The other three criteria address incorporating the information in For certain airplanes, paragraph (g) of
the failure types under evaluation: Appendixes B, C, and D of Report MDC– this proposed AD would require
Single failures, single failures in 02K1003. For certain airplanes, this revising the FAA-approved maintenance
combination with another latent proposed AD would also require the program by incorporating certain
condition(s), and in-service failure initial accomplishment of a certain information specified in Report MDC–
experience. For all four criteria, the repetitive AWL inspection to phase in 02K1003. For certain other airplanes,
evaluations included consideration of that inspection, and repair if necessary. paragraph (h) of this proposed AD
previous actions taken that may mitigate would require revising the AWLs
Explanation of Compliance Time
the need for further action. section of the Instructions for Continued
We have determined that the actions In most ADs, we adopt a compliance Airworthiness by incorporating certain
identified in this proposed AD are time allowing a specified amount of information specified in Report MDC–
necessary to reduce the potential of time after the AD’s effective date. In this 02K1003. Paragraphs (g) and (h) allow
ignition sources inside fuel tanks, case, however, the FAA has already accomplishing the revision in
which, in combination with flammable issued regulations that require operators accordance with later revisions of
fuel vapors, could result in a fuel tank to revise their maintenance/inspection Report MDC–02K1003 as an acceptable
explosion and consequent loss of the programs to address fuel tank safety method of compliance if they are
airplane. issues. The compliance date for these approved by the Manager, Los Angeles
Relevant Service Information regulations is December 16, 2008. To Aircraft Certification Office (ACO),
provide for efficient and coordinated FAA. For certain airplanes, paragraph (i)
We have reviewed the following implementation of these regulations and
appendixes of the Boeing Trijet Special of this AD allows accomplishing the
this proposed AD, we are using this initial inspection and repair in
Compliance Item Report, MDC– same compliance date in this proposed
02K1003, Revision C, dated July 24, accordance with later revisions of
AD. Report MDC–02K1003 as an acceptable
2007 (hereafter referred to as ‘‘Report
MDC–02K1003’’): Rework Required When Implementing method of compliance if they are
• Appendix B, Critical Design AWLs Into an Existing Fleet approved by the Manager, Los Angeles
Configuration Control Limitations ACO. In addition, Appendixes B and C
The maintenance program revision of Report MDC–02K1003 specify that
(CDCCLs)
specified in paragraph (g) of this any deviations from the published AWL
• Appendix C, Airworthiness
proposed AD, and the AWLs revision instructions, including AWL intervals,
Limitation Instructions (ALIs)
• Appendix D, Short-Term specified in paragraph (h) of this must be approved by the Manager, Los
Extensions proposed AD, for the fuel tank systems, Angeles ACO. Therefore, after the
Appendixes B and C of Report MDC– which involve incorporating the maintenance program or AWLs revision,
02K1003 describe new airworthiness information specified in Report MDC– any further revision to an AWL or AWL
limitations (AWLs) for fuel tank 02K1003, would affect how operators interval should be done as an AWL
systems. The new AWLs include: maintain their airplanes. After doing the change, not as an alternative method of
• CDCCLs, which are limitation maintenance program revision or AWLs compliance (AMOC). For U.S.-registered
requirements to preserve a critical revision, as applicable, operators would airplanes, operators must make requests
ignition source prevention feature of the need to do any maintenance on the fuel through an appropriate FAA Principal
fuel tank system design that is necessary tank system as specified in the CDCCLs. Maintenance Inspector (PMI) or
to prevent the occurrence of an unsafe Maintenance done before the Principal Avionics Inspector (PAI) for
condition. The purpose of a CDCCL is maintenance program revision specified approval by the Manager, Los Angeles
to provide instruction to retain the in paragraph (g), or the AWLs revision ACO. A non-U.S. operator should
critical ignition source prevention specified in paragraph (h), as applicable, coordinate changes with its governing
feature during configuration change that would not need to be redone in order to regulatory agency.
may be caused by alterations, repairs, or comply with paragraph (g) or (h). For
example, the AWL that requires fuel Exceptional Short-Term Extensions
maintenance actions. A CDCCL is not a
periodic inspection, and pumps to be repaired and overhauled Appendix D of Report MDC–02K1003
• AWL inspections, which are per the FAA-approved component has provisions for an exceptional short-
periodic inspections of certain features maintenance manual (CMM) applies to term extension of 30 days. An
for latent failures that could contribute fuel pumps repaired after the exceptional short-term extension is an
to an ignition source. maintenance programs are revised; increase in an AWL interval that may be
Accomplishing the actions specified spare or on-wing fuel pumps do not needed to cover an uncontrollable or
in the service information is intended to need to be reworked. For AWLs that unexpected situation. For U.S.-
adequately address the unsafe require repetitive inspections, the initial registered airplanes, the FAA PMI or
condition. inspection interval (threshold) starts PAI must concur with any exceptional
from the date that the maintenance short-term extension before it is used,
FAA’s Determination and Requirements program revision specified in paragraph unless the operator has identified
of the Proposed AD (g), or the AWLs revision specified in another appropriate procedure with the
We have evaluated all pertinent paragraph (h), as applicable, is done, local regulatory authority. The FAA PMI
information and identified an unsafe except as provided by paragraph (i) of or PAI may grant the exceptional short-
condition that is likely to exist or this proposed AD. This proposed AD term extensions described in Appendix
ebenthall on PRODPC61 with PROPOSALS

develop on other airplanes of this same would require only the applicable D without consultation with the
type design. For this reason, we are maintenance program revision or AWL Manager, Los Angeles ACO. A non-U.S.
proposing this AD, which would require revision specified in this proposed AD operator should coordinate changes
revising the FAA-approved maintenance and the initial inspection specified in with its governing regulatory agency. As
program, or the AWLs section of the paragraph (i). No other fleet-wide explained in Appendix D, exceptional
Instructions for Continued inspections need to be done. short-term extensions must not be used

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Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Proposed Rules 64959

for fleet AWL extensions. An overhaul manuals must be approved by Regulatory Findings
exceptional short-term extension should the Manager, Los Angeles ACO. We have determined that this
not be confused with an operator’s proposed AD would not have federalism
Changes to Airplane Maintenance
short-term escalation authorization implications under Executive Order
Manual Referenced in Fuel Tank
approved in accordance with the 13132. This proposed AD would not
System AWLs
Operations Specifications or the have a substantial direct effect on the
operator’s reliability program. In other AWLs in Report MDC– States, on the relationship between the
Ensuring Compliance With Fuel Tank 02K1003, the AWLs contain all the national Government and the States, or
System AWLs necessary data. The applicable section on the distribution of power and
of the maintenance manual is usually responsibilities among the various
Boeing has revised the applicable included in the AWLs. Boeing intended
maintenance manuals and task cards to levels of government.
this information to assist operators in For the reasons discussed above, I
address AWLs and to include notes maintaining the maintenance manuals.
about CDCCLs. Operators that do not certify that the proposed regulation:
A maintenance manual change to these 1. Is not a ‘‘significant regulatory
use Boeing’s revision service should tasks may be made without approval by action’’ under Executive Order 12866;
revise their maintenance manuals and the Manager, Los Angeles ACO, through 2. Is not a ‘‘significant rule’’ under the
task cards to highlight actions tied to an appropriate FAA PMI or PAI, by the DOT Regulatory Policies and Procedures
CDCCLs to ensure that maintenance governing regulatory authority, or by (44 FR 11034, February 26, 1979); and
personnel are complying with the using the operator’s standard process for 3. Will not have a significant
CDCCLs. revising maintenance manuals. An economic impact, positive or negative,
Recording Compliance With Fuel Tank acceptable change would have to on a substantial number of small entities
System AWLs maintain the information specified in under the criteria of the Regulatory
The applicable operating rules of the the AWL such as the pass/fail criteria or Flexibility Act.
Federal Aviation Regulations (14 CFR special test equipment. We prepared a regulatory evaluation
parts 91, 121, 125, and 129) require of the estimated costs to comply with
Difference Between the Proposed AD
operators to maintain records with the this proposed AD and placed it in the
and Service Information
identification of the current inspection AD docket. See the ADDRESSES section
status of an airplane. The AWLs Although Report MDC–02K1003 for a location to examine the regulatory
contained in Appendix C of Report specifies to submit certain information evaluation.
MDC–02K1003 are inspections for to the manufacturer, this proposed AD List of Subjects in 14 CFR Part 39
which the applicable sections of the does not include that requirement.
Air transportation, Aircraft, Aviation
operating rules apply. The AWLs Costs of Compliance safety, Safety.
contained in Appendix B of Report
MDC–02K1003 are CDCCLs, which are There are about 300 airplanes of the The Proposed Amendment
tied to conditional maintenance actions. affected design in the worldwide fleet.
This proposed AD would affect about Accordingly, under the authority
An entry into an operator’s existing delegated to me by the Administrator,
maintenance record system for 180 airplanes of U.S. registry. The
proposed actions would take about 1 the FAA proposes to amend 14 CFR part
corrective action is sufficient for 39 as follows:
recording compliance with CDCCLs, as work hour per airplane, at an average
long as the applicable maintenance labor rate of $80 per work hour. Based PART 39—AIRWORTHINESS
manual and task cards identify actions on these figures, the estimated cost of DIRECTIVES
that are CDCCLs. the proposed AD for U.S. operators is
$14,400, or $80 per airplane. 1. The authority citation for part 39
Changes to Component Maintenance continues to read as follows:
Manuals (CMMs) Cited in Fuel Tank Authority for This Rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701.
System AWLs Title 49 of the United States Code
Some of the AWLs in Appendix B of specifies the FAA’s authority to issue § 39.13 [Amended]
Report MDC–02K1003 refer to specific rules on aviation safety. Subtitle I, 2. The Federal Aviation
revision levels of the CMMs as Section 106, describes the authority of Administration (FAA) amends § 39.13
additional sources of service the FAA Administrator. Subtitle VII, by adding the following new
information for doing the AWLs. Boeing Aviation Programs, describes in more airworthiness directive (AD):
is referring to the CMMs by revision detail the scope of the Agency’s McDonnell Douglas: Docket No. FAA–2007–
level in the applicable AWL for certain authority. 0201; Directorate Identifier 2007–NM–
components rather than including We are issuing this rulemaking under 163–AD.
information directly in the AWL the authority described in Subtitle VII, Comments Due Date
because of the volume of that Part A, Subpart III, Section 44701,
(a) The FAA must receive comments on
information. As a result, the Manager, ‘‘General requirements.’’ Under that this AD action by January 3, 2008.
Los Angeles ACO, must approve the section, Congress charges the FAA with
CMMs. Any later revision of those promoting safe flight of civil aircraft in Affected ADs
CMMs will be handled like a change to air commerce by prescribing regulations (b) None.
the AWL itself. Any use of parts for practices, methods, and procedures Applicability
(including the use of parts manufacturer the Administrator finds necessary for
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approval (PMA) approved parts), safety in air commerce. This regulation (c) This AD applies to all McDonnell
Douglas Model DC–10–10 and DC–10–10F
methods, techniques, and practices not is within the scope of that authority airplanes, Model DC–10–15 airplanes, Model
contained in the CMMs need to be because it addresses an unsafe condition DC–10–30 and DC–10–30F (KC–10A and
approved by the Manager, Los Angeles that is likely to exist or develop on KDC–10) airplanes, Model DC–10–40 and
ACO, or governing regulatory authority. products identified in this rulemaking DC–10–40F airplanes, Model MD–10–10F
For example, certain pump repair/ action. and MD–10–30F airplanes, and Model MD–

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64960 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Proposed Rules

11 and MD–11F airplanes, certificated in any Initial Inspection and Repair If Necessary DEPARTMENT OF TRANSPORTATION
category. (i) For Model MD–11 and MD–11F
Note 1: This AD requires revisions to airplanes: Within 60 months after the Federal Aviation Administration
certain operator maintenance documents to effective date of this AD, do a detailed
include new inspections and maintenance 14 CFR Part 39
actions. Compliance with these limitations is inspection of the metallic overbraiding and
required by 14 CFR 43.16 and 91.403(c). For red-wrap tape installed on the tail tank fuel [Docket No. FAA–2007–29332; Directorate
airplanes that have been previously quantity indication system (FQIS) wiring to Identifier 2007–NM–172–AD]
modified, altered, or repaired in the areas verify if the metallic overbraiding or red-
addressed by these limitations, the operator wrap tape is damaged or shows signs of RIN 2120–AA64
may not be able to accomplish the actions deterioration, in accordance with ALI 20–2 of
described in the revisions. In this situation, Airworthiness Directives; ATR Model
Appendix C of Report MDC–02K1003. If any
to comply with 14 CFR 43.16 and 91.403(c), ATR42 and ATR72 Airplanes
discrepancy is found during the inspection,
the operator must request approval for
repair the discrepancy before further flight in AGENCY: Federal Aviation
revision to the airworthiness limitations
(AWLs) in the Boeing Trijet Special accordance with ALI 20–2 of Appendix C of Administration (FAA), Department of
Compliance Item Report, MDC–02K1003, Report MDC–02K1003. Accomplishing the Transportation (DOT).
according to paragraph (g), (h), or (k) of this actions required by this paragraph in ACTION: Notice of proposed rulemaking
AD, as applicable. accordance with a later revision of Report (NPRM); reopening of comment period.
MDC–02K1003 is an acceptable method of
Unsafe Condition compliance if the revision is approved by the SUMMARY: This document announces a
(d) This AD results from a design review Manager, Los Angeles ACO. reopening of the comment period for the
of the fuel tank systems. We are issuing this above-referenced NPRM. The NPRM
Note 2: For the purposes of this AD, a
AD to prevent the potential for ignition
sources inside fuel tanks caused by latent detailed inspection is: ‘‘An intensive proposed the adoption of a new
failures, alterations, repairs, or maintenance examination of a specific item, installation, airworthiness directive for all ATR
actions, which, in combination with or assembly to detect damage, failure, or Model ATR42 and ATR72 airplanes.
flammable fuel vapors, could result in a fuel irregularity. Available lighting is normally That NPRM invites comments
tank explosion and consequent loss of the supplemented with a direct source of good concerning the proposed requirements
airplane. lighting at an intensity deemed appropriate. for revising the Airworthiness
Compliance Inspection aids such as mirror, magnifying Limitations Section of the Instructions
lenses, etc., may be necessary. Surface for Continued Airworthiness to
(e) You are responsible for having the
actions required by this AD performed within cleaning and elaborate procedures may be incorporate new limitations for fuel tank
the compliance times specified, unless the required.’’ systems. This reopening of the comment
actions have already been done. period is necessary to provide
No Reporting Requirement
Service Information Reference
additional opportunity for public
(j) Although Report MDC–02K1003 comment on the proposed requirements
(f) The term ‘‘Report MDC–02K1003’’ as specifies to submit certain information to the of that NPRM.
used in this AD, means the Boeing Trijet manufacturer, this AD does not require that
Special Compliance Item Report, MDC– DATES: We must receive comments on
action. this proposed AD by December 19,
02K1003, Revision C, dated July 24, 2007.
Alternative Methods of Compliance 2007.
Revise the FAA-Approved Maintenance
Program (AMOCs) ADDRESSES: You may send comments by
(g) For Model DC–10–10 and DC–10–10F (k)(1) The Manager, Los Angeles ACO, any of the following methods:
airplanes, Model DC–10–15 airplanes, Model FAA, has the authority to approve AMOCs • Federal eRulemaking Portal: Go to
DC–10–30 and DC–10–30F (KC–10A and for this AD, if requested in accordance with http://www.regulations.gov. Follow the
KDC–10) airplanes, and Model DC–10–40 the procedures found in 14 CFR 39.19. instructions for submitting comments.
and DC–10–40F airplanes: Before December (2) To request a different method of • Fax: 202–493–2251.
16, 2008, revise the FAA-approved compliance or a different compliance time • Mail: U.S. Department of
maintenance program to incorporate the for this AD, follow the procedures in 14 CFR Transportation, Docket Operations, M–
information specified in Appendixes B, C, 39.19. Before using any approved AMOC on 30, West Building Ground Floor, Room
and D of Report MDC–02K1003.
any airplane to which the AMOC applies, W12–140, 1200 New Jersey Avenue, SE.,
Accomplishing the revision in accordance
with a later revision of Report MDC–02K1003 notify your appropriate principal inspector Washington, DC 20590.
is an acceptable method of compliance if the (PI) in the FAA Flight Standards District • Hand Delivery: U.S. Department of
revision is approved by the Manager, Los Office (FSDO), or lacking a PI, your local Transportation, Docket Operations, M–
Angeles Aircraft Certification Office (ACO), FSDO. 30, West Building Ground Floor, Room
FAA. Issued in Renton, Washington, on W12–140, 1200 New Jersey Avenue, SE.,
Revise the AWLs Section November 7, 2007. Washington, DC 20590, between 9 a.m.
(h) For Model MD–10–10F and MD–10– Ali Bahrami, and 5 p.m., Monday through Friday,
30F airplanes, and Model MD–11 and MD– except Federal holidays.
Manager, Transport Airplane Directorate,
11F airplanes: Before December 16, 2008, For service information identified in
Aircraft Certification Service.
revise the AWLs section of the Instructions this AD, contact ATR, 316 Route de
for Continued Airworthiness to incorporate [FR Doc. E7–22547 Filed 11–16–07; 8:45 am] Bayonne, 31060 Toulouse, Cedex 03,
the information specified in Appendixes B, BILLING CODE 4910–13–P France.
C, and D of Report MDC–02K1003, except
that the initial inspection required by Examining the AD Docket
ebenthall on PRODPC61 with PROPOSALS

paragraph (i) of this AD must be done at the You may examine the AD docket on
applicable compliance time specified in that
paragraph. Accomplishing the revision in
the Internet at http://
accordance with a later revision of Report www.regulations.gov; or in person at the
MDC–02K1003 is an acceptable method of Docket Management Facility between 9
compliance if the revision is approved by the a.m. and 5 p.m., Monday through
Manager, Los Angeles ACO. Friday, except Federal holidays. The AD

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