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[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Rules and Regulations]
[Pages 17290-17294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05199]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0847; Directorate Identifier 2008-NM-056-AD; 
Amendment 39-17375; AD 2013-05-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 777-200, -200LR, -300, and -300ER series 
airplanes. This AD was prompted by fuel system reviews conducted by the 
manufacturer. This AD requires doing an inspection to identify the part 
number of the motor-operated valve (MOV) actuators of the main and 
center fuel tanks; replacing certain MOV actuators with new MOV 
actuators; and measuring the electrical resistance of the bond from the 
adapter plate to the airplane structure, and doing corrective actions 
if necessary. We are issuing this AD to prevent electrical current from 
flowing through an MOV actuator into a fuel tank, which could create a 
potential ignition source inside the fuel tank. This condition, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: This AD is effective April 25, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 25, 
2013.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Document Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer, 
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office 
(ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-
917-6509; fax: 425-917-6590; email: rebel.nichols@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an

[[Page 17291]]

airworthiness directive (AD) that would apply to the specified 
products. That SNPRM published in the Federal Register on December 23, 
2010 (75 FR 80738). The original NPRM (73 FR 45893, August 7, 2008) 
proposed to require doing an inspection of the MOV actuators of the 
main and center fuel tanks for a certain part number (P/N); replacing 
the MOV actuator with a new MOV actuator if necessary; and measuring 
the electrical resistance of the bond from the adapter plate to the 
airplane structure, and corrective actions if necessary. The original 
NPRM also proposed to require revising the Airworthiness Limitations 
section of the Instructions for Continued Airworthiness. The SNPRM 
proposed to revise the original NPRM by adding airplanes and removing 
the requirement for revising the Airworthiness Limitations section of 
the Instructions for Continued Airworthiness.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM (75 
FR 80738, December 23, 2010) and the FAA's response to each comment.

Support for the SNPRM (75 FR 80738, December 23, 2010)

    Continental Airlines has no technical objections, issues, or 
comments to the SNPRM (75 FR 80738, December 23, 2010).

Request To Revise Applicability To Include Part Number

    Boeing requested that the applicability of the SNPRM (75 FR 80738, 
December 23, 2010) be revised to include the phrase, ``with MOV 
actuator part number MA20A1001-1 installed.'' Boeing stated that the 
change will avoid future alternative methods of compliance (AMOC) 
requests.
    We disagree with revising the applicability of this AD because 
paragraph (c) of this AD clearly defines the airplanes affected by this 
AD. For those affected airplanes, paragraph (g) of this AD requires 
inspection of the MOV actuators to determine their part number. If an 
MOV actuator with P/N MA20A1001-1 is found, that actuator must be 
replaced, as required by paragraph (h) of this AD. No change has been 
made to the AD in this regard.

Request To Allow Installation of Certain Parts

    Boeing requested that, if the applicability of the SNPRM (75 FR 
80738, December 23, 2010) is not revised, we add a statement allowing 
MOV actuators certified after P/N MA30A1001 to be installed without 
AMOC approval. Boeing stated that this would allow normal maintenance 
to resume once P/N MA20A1001-1 is removed. Boeing stated that the 
aircraft configuration with an MOV actuator having P/N MA30A1001 
becomes the mandated configuration, because the SNPRM requires the 
installation of that specific part number. Boeing stated that the SNPRM 
would not allow the installation of actuators approved after P/N 
MA30A1001 without AMOC approval.
    We agree with the commenter's request. In the case of this MOV 
actuator, we will allow--without AMOC approval--replacement of the 
affected MOV actuator with a Boeing part. The replacement part must be 
fully interchangeable with the part specified in Boeing Service 
Bulletin 777-28A0034, Revision 2, dated September 20, 2010, and must be 
approved by the FAA after September 20, 2010. Paragraph (h) of this AD 
has been revised to include this provision.

Request for Further Investigation

    China Southern Airlines requested that we further investigate the 
ignition potential of P/N MA20A1001-1 to find a better solution that 
does not require installing the new P/N MA30A1001. The commenter stated 
that it would like to see P/N MA30A1001 experience better reliability 
than P/N MA20A1001 before we require a big cost burden on operators.
    We disagree with the request to further investigate P/N MA20A1001-
1. That part number was identified as unsafe during the Special Federal 
Aviation Regulation No. 88 (SFAR 88) (66 FR 23086, May 7, 2001) system 
safety assessment reviews conducted by the manufacturer and must be 
replaced. Steps have been taken to improve the reliability of P/N 
MA30A1001, and that part does not have the identified unsafe condition 
that is the subject of this AD. No change has been made to this AD in 
this regard.

Request To Remove Paragraph (i) of the SNPRM (75 FR 80738, December 23, 
2010)

    United Airlines (UAL) requested that we remove paragraph (i) of the 
SNPRM (75 FR 80738, December 23, 2010), which prohibits installation of 
MOV actuators having P/N MA20A1001-1 on any airplane as of the 
effective date of this AD. UAL stated that the 777 Aircraft Maintenance 
Manual (AMM) does not provide sufficient replacement instructions for 
operators to maintain compliance with paragraph (i) of the SNPRM. UAL 
stated that the proposed rule will cause undue economic hardship on 
operators. UAL also noted that similar ADs do not contain a similar 
parts prohibition paragraph. UAL also stated that paragraph (h) of the 
SNPRM specifies to do ``all applicable corrective actions before 
further flight''; therefore, an operator would have to replace all MOV 
actuators at the same time.
    We disagree with the request to remove paragraph (i) of this AD. 
Because an unsafe condition has been identified on P/N MA20A1001-1, we 
have determined that P/N MA20A1001-1 cannot be allowed for 
installation. This AD requires the replacement of all affected MOV 
actuators from an operator's fleet within the specified compliance 
time; however, the AD does not require replacement of all affected MOV 
actuators on an airplane at the same time. Operators are allowed to 
replace only one MOV actuator and then bring the aircraft back into 
service. Paragraph (h) of this AD does specify doing all applicable 
corrective actions before further flight, but the applicable corrective 
actions are those associated with the measurement of the electrical 
resistance of the bond. If an operator encountered unscheduled removal 
of P/N MA20A1001-1, that part should be replaced with a part having an 
accepted part number (i.e., P/N MA30A1001 or other FAA-approved 
replacement). However, according to the provisions of paragraph (m) of 
this AD, operators may request approval of an AMOC if the request is 
submitted with substantiating data that prove the requested action will 
provide an adequate level of safety. No change has been made to the AD 
in this regard.

Request To Revise Proposed Costs of Compliance

    UAL requested that we revise or clarify the Costs of Compliance 
section of the SNPRM (75 FR 80738, December 23, 2010). UAL considered 
that the maximum costs are understated in the SNPRM. UAL stated that, 
since there are 11 actuators on each airplane, the parts costs need to 
be changed to include 11 actuators.
    We agree to revise the cost of parts in the Costs of Compliance 
section of this AD. Since the labor cost is based on the total number 
of work-hours required to replace all 11 actuators, the parts cost 
should also be based on the total cost of 11 actuators. The Costs of 
Compliance section has been revised accordingly.

[[Page 17292]]

Request To Permit Omission of Parts Inspection or Record Check

    UAL requested that paragraph (g) of the SNPRM (75 FR 80738, 
December 23, 2010) be revised to include an additional paragraph that 
permits operators to omit the parts inspection or records check and to 
permit removal of the installed MOV, regardless of the part number, and 
install the new part number, in accordance with Boeing Service Bulletin 
777-28A0034, Revision 2, dated September 20, 2010. UAL stated that this 
will allow operators to avoid costs associated with inspections and 
records checks while achieving the same level of safety by ensuring 
that P/N MA30A1001 is installed.
    We agree to add replacement of the MOV actuators as an optional 
method of compliance with the inspection or records check required by 
paragraph (g) of this AD. Replacing actuators with actuators having 
part numbers other than P/N MA20A1001-1 addresses the identified unsafe 
condition. We have added new paragraph (l) to this AD to allow the 
option. We have re-identified subsequent paragraphs accordingly.

Request To Incorporate New Information in Information Notice

    UAL requests that operators be allowed to incorporate the 
information contained in Boeing Service Bulletin Information Notice 
(IN) 777-28A0034 IN 04, dated January 6, 2011, as an option for 
compliance with the SNPRM (75 FR 80738, December 23, 1010).
    We agree that certain information identified in Boeing Service 
Bulletin IN 777-28A0034 IN 04, dated January 6, 2011, should be 
included in this AD. We have added paragraph (k)(1) to this AD to 
specify the correct equipment number in the title of the work package 
specified in the Accomplishment Instructions of Boeing Service Bulletin 
777-28A0034, Revision 2, dated September 20, 2010. Boeing Service 
Bulletin IN 777-28A0034 IN 04, dated January 6, 2011, also clarifies 
certain weight and balance changes; however, because this AD does not 
refer to that section of Boeing Service Bulletin 777-28A0034, Revision 
2, dated September 20, 2010, no change to this AD is necessary in this 
regard.

Other Changes Made to This AD

    We have added paragraph (k)(2) to this AD to exclude airplanes with 
Airline Information Management System (AIMS) V1 installed from the 
requirement to replace actuators at the spar valve location. The 
currently available MOV actuator installed in those locations presents 
a risk of a latent failure of the indication portion of the actuator, 
which could lead to the inability to shut fuel off to an engine. For 
AIMS V1-equipped airplanes, the risk associated with the creation of an 
ignition source inside the fuel tank will need to be eliminated by 
means other than replacing the actuator with P/N MA30A1001. Future 
rulemaking for the AIMS V1-equipped airplanes might be needed to 
address this SFAR 88 (66 FR 23086, May 7, 2001) issue. We have 
coordinated this issue with Boeing.
    We have also clarified paragraph (j) of this AD by specifying that 
credit is given for certain actions done ``before the effective date of 
this AD'' using specific service information. We have also revised the 
heading and wording of paragraph (j) of this AD. This change does not 
affect the intent of that paragraph.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM (75 FR 80738, December 23, 2010) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (75 FR 80738, December 23, 2010).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 127 airplanes of U.S. 
registry. We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                Labor cost      Parts cost        Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspection of MOV Actuators..  Up to 6 work-                $0  Up to $510.............  Up to $64,770.
                                hours x $85
                                per hour =
                                $510.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need these 
replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                    Labor cost               Parts cost                Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of 11 MOV Actuators    Up to 47 work-hours  Up to $60,247..............  Up to $64,242.
 Without Fuel Tank Access.          x $85 per hour =
                                    $3,995.
Replacement of 11 MOV Actuators    Up to 423 work-      Up to $60,247..............  Up to $96,202.
 With Fuel Tank Access.             hours x $85 per
                                    hour = $35,955.
----------------------------------------------------------------------------------------------------------------

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

[[Page 17293]]

that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2013-05-03 The Boeing Company: Amendment 39-17375; Docket No. FAA-
2008-0847; Directorate Identifier 2008-NM-056-AD.

(a) Effective Date

    This AD is effective April 25, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes, certificated in any category, as 
identified in Boeing Service Bulletin 777-28A0034, Revision 2, dated 
September 20, 2010.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD results from fuel system reviews conducted by the 
manufacturer. The Federal Aviation Administration is issuing this AD 
to prevent electrical current from flowing through a motor-operated 
valve (MOV) actuator into a fuel tank, which could create a 
potential ignition source inside the fuel tank. This condition, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection

    Except as provided by paragraph (l) of this AD: Within 60 months 
after the effective date of this AD, do an inspection of the MOV 
actuators of the main and center fuel tanks for part number (P/N) 
MA20A1001-1, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin 777-28A0034, Revision 2, dated September 20, 
2010. A review of airplane maintenance records is acceptable in lieu 
of this inspection if the part number can be conclusively determined 
from that review.

(h) Replacement

    Except as provided by paragraphs (k)(1) and (k)(2) of this AD, 
if any MOV actuator having P/N MA20A1001-1 is found during the 
inspection required by paragraph (g) of this AD, within 60 months 
after the effective date of this AD, replace the MOV actuator with 
either a new or serviceable MOV actuator having P/N MA30A1001, or 
with an MOV actuator that meets the criteria specified in paragraphs 
(h)(1) and (h)(2) of this AD; and, as applicable, measure the 
electrical resistance of the bond from the adapter plate to the 
airplane structure and do all applicable corrective actions; in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin 777-28A0034, Revision 2, dated September 20, 2010. Do all 
applicable corrective actions before further flight.
    (1) The replacement MOV actuator must be a Boeing part that is 
approved after the issuance of Boeing Service Bulletin 777-28A0034, 
Revision 2, dated September 20, 2010, by the Manager, Seattle 
Aircraft Certification Office (ACO), FAA; or the Boeing Commercial 
Airplanes Organization Designation Authorization (ODA) that has been 
authorized by the Manager, Seattle ACO, to approve the part.
    (2) The replacement MOV actuator must be fully interchangeable 
with the part specified in Boeing Service Bulletin 777-28A0034, 
Revision 2, dated September 20, 2010.

(i) Part Installation Prohibition

    As of the effective date of this AD, no person may install an 
MOV actuator, P/N MA20A1001-1, on any airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Boeing Alert Service 
Bulletin 777-28A0034, dated August 2, 2007; or Boeing Alert Service 
Bulletin 777-28A0034, Revision 1, dated May 20, 2010; except that 
replacement of an MOV actuator must also include cap sealing the 
bonding jumper, as described in Boeing Alert Service Bulletin 777-
28A0034, Revision 2, dated September 20, 2010; and provided that the 
replacement is an MOV actuator identified in paragraph (j)(1) or 
(j)(2) of this AD. Boeing Alert Service Bulletin 777-28A0034, dated 
August 2, 2007; and Boeing Alert Service Bulletin 777-28A0034, 
Revision 1, dated May 20, 2010; are not incorporated by reference in 
this AD.
    (1) An MOV actuator that has P/N MA30A1001.
    (2) An MOV actuator that has a part number other than P/N 
MA20A1001-1 and meets the criteria specified in paragraphs (h)(1) 
and (h)(2) of this AD.

(k) Exceptions to Service Information

    (1) Work Package 9 of the Accomplishment Instructions of Boeing 
Service Bulletin 777-28A0034, Revision 2, dated September 20, 2010, 
refers to an incorrect part number, P/N V8166; the correct part 
number that must be used is P/N V28166.
    (2) For airplanes with Airline Information Management System 
(AIMS) V1 installed: MOV actuators at the spar valve locations (Work 
Packages 1 and 2 of the Accomplishment Instructions of Boeing 
Service Bulletin 777-28A0034, Revision 2, dated September 20, 2010), 
are not required to be replaced.

(l) Optional Method of Compliance

    Replacing all MOV actuators at the main and center fuel tanks, 
as specified in Boeing Service Bulletin 777-28A0034, Revision 2, 
dated September 20, 2010, with new or serviceable MOV actuators 
identified in paragraph (l)(1) or (l)(2) of this AD; and, as 
applicable, measuring the electrical resistance of the bond from the 
adapter plate to the airplane structure and doing all applicable 
corrective actions; in accordance with the Accomplishment 
Instructions of Boeing Service Bulletin 777-28A0034, Revision 2, 
dated September 20, 2010; is an acceptable method of compliance with 
the actions required by paragraph (g) of this AD.
    (1) MOV actuators that have P/N MA30A1001.
    (2) MOV actuators that have a part number other than P/N 
MA20A1001-1 and meet the criteria specified in paragraphs (h)(1) and 
(h)(2) of this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly

[[Page 17294]]

to the manager of the ACO, send it to the attention of the person 
identified in the Related Information section of this AD. 
Information may be emailed to: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD if it is approved by the 
Boeing Commercial Airplanes Organization Designation Authorization 
(ODA) that has been authorized by the Manager, Seattle ACO, to make 
those findings. For a repair method to be approved, the repair must 
meet the certification basis of the airplane, and the approval must 
specifically refer to this AD.

(n) Related Information

    (1) For more information about this AD, contact Rebel Nichols, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; phone: 425-917-6509; fax: 425-
917-6590; email: rebel.nichols@faa.gov.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 777-28A0034, Revision 2, dated 
September 20, 2010.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 25, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-05199 Filed 3-20-13; 8:45 am]
BILLING CODE 4910-13-P
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