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[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21236-21239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03903]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0809; Directorate Identifier 2011-NM-135-AD; 
Amendment 39-17361; AD 2013-04-04]
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 superseding an existing airworthiness directive (AD) 
for certain The Boeing Company Model 757 airplanes equipped with Rolls-
Royce RB211-535E engines. That AD currently requires repetitive 
inspections for signs of damage of the aft hinge fittings and 
attachment bolts of the thrust reversers, and related investigative and 
corrective actions if necessary. The existing AD also provides for an 
optional terminating modification for the repetitive inspections. For 
certain airplanes, this new AD adds a one-time inspection of the 
washers installed under the attachment bolts of the aft hinge fittings 
for correct installation sequence, and reinstallation if necessary. 
This new AD also adds an option for installing a redesigned aft hinge 
fitting with the trim already done, instead of trimming an existing or 
new hinge fitting, which is included in the existing optional 
terminating modification. This AD was prompted by reports of 
incorrectly installed washers under the attachment bolts of the aft 
hinge fittings of the thrust reversers. We are issuing this AD to 
prevent failure of the attachment bolts and consequent separation of a 
thrust reverser from the airplane during flight, which could result in 
structural damage to the airplane.

DATES: This AD is effective May 15, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 15, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of August 
6, 2008 (73 FR 37786, July 2, 2008).

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, P. 
O. Box 3707, MC 2H-65, Seattle, Washington 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, Washington. 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: Nancy Marsh, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6440; fax: 425-917-6590; email: nancy.marsh@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2008-13-20, Amendment 39-15583 (73 FR 37786, 
July 2, 2008). That AD applies to the specified products. The NPRM 
published in the Federal Register August 16, 2012 (77 FR 49396). That 
NPRM proposed to continue to require repetitive inspections for signs 
of damage of the aft hinge fittings and attachment bolts of the thrust 
reversers, and related investigative and corrective actions if 
necessary. That NPRM also proposed to continue to provide for an 
optional terminating modification for the repetitive inspections. For 
certain airplanes, that NPRM proposed to add a one-time inspection of 
the washers installed under the attachment bolts of the aft hinge 
fittings for correct installation sequence, and reinstallation if 
necessary. That NPRM also proposed to add an option for installing a 
redesigned aft hinge fitting with the trim already done, instead of 
trimming an existing or new hinge fitting, which is included in the 
existing optional terminating modification.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 49396, August 16, 2012) and the FAA's response to each comment.

Support for the NPRM (77 FR 49396, August 16, 2012)

    Boeing concurred with the content of the NPRM (77 FR 49396, August 
16, 2012).
    FedEx Express stated that it is accomplishing the actions specified 
in the NPRM (77 FR 49396, August 16, 2012), and determined that its 
regular maintenance check schedule is not adversely affected by the 
specified actions.

Request To Address Effects of NPRM (77 FR 49396, August 16, 2012) on 
Winglets

    Aviation Partners Boeing (APB) stated that it has reviewed the NPRM 
(77 FR 49396, August 16, 2012), and Boeing Special Attention Service 
Bulletin 757-54-0049, Revision 1, dated September 23, 2009, and 
Revision 2, dated July 27, 2011; and Boeing Special Attention Service 
Bulletin 757-54-0050, Revision 1, dated October 7, 2009, and Revision 
2, dated July 27, 2011; and has determined that the installation of 
winglets, per Supplemental Type Certificate (STC) ST01518SE, ``does not 
affect them.''
    We infer that APB means the installation of these winglets does not 
affect accomplishing the NPRM (77 FR 49396, August 16, 2012). We agree 
with the commenter and have determined that this AD should clarify the 
procedures to address these APB winglets. We have added a new paragraph 
(c)(2) to this AD to state that the installation of STC ST01518SE 
(http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/48E13CDFBBC32CF4862576A4005D308B?OpenDocument&Highlight=st01518se) does 
not affect the ability to accomplish the actions required by this AD. 
For airplanes on which STC ST01518SE is installed, a ``change in 
product'' alternative method of compliance (AMOC) approval request is 
not necessary to comply with the requirements of section 39.17 of the

[[Page 21237]]

Federal Aviation Regulations (14 CFR 39.17). For all other AMOC 
requests, the operator must request approval according to paragraph (n) 
of this AD.

Request To Withdraw the NPRM (77 FR 49396, August 16, 2012)

    American Airlines (AAL) stated that the existing FAA AD 2008-13-20, 
Amendment 39-15583 (73 FR 37786, July 2, 2008), is sufficient to 
correct the unsafe condition identified in the NPRM (77 FR 49396, 
August 16, 2012). AAL noted that if an operator deviated from the 
fastener stack-up in Figures 11 and 12 of Boeing Special Attention 
Service Bulletin 757-54-0049, dated July 16, 2007, it should be dealt 
with on a case-by-case basis, and not by issuing an industry-wide 
requirement.
    Although AAL did not make a specific request, we infer that it 
wants the NPRM (77 FR 49396, August 16, 2012) withdrawn. We agree that 
operators with airplanes on which the subject modification has been 
done must accomplish a one-time inspection and corrective action 
because the washers may have been installed backwards. However, we do 
not agree that improper installation of the washers using the 
procedures in Boeing Special Attention Service Bulletin 757-54-0049, 
dated July 16, 2007, should be dealt with on a case-by-case basis.
    Improper installation would recreate the unsafe condition, which 
must be addressed by doing the actions required by this AD. In 
addition, although the correct part number for the incorrect washer 
name of ``plain washer'' is identified in Boeing Special Attention 
Service Bulletin 757-54-0049, dated July 16, 2007, information for 
substituting other ``plain washers'' is also provided by referring to 
the additional guidance specified in the Boeing 757 Structural Repair 
Manual. Therefore, we are issuing this AD without further delay, in 
order to eliminate the identified unsafe condition of incorrectly 
installed washers under the attachment bolts of the aft hinge fittings 
of the thrust reversers.

Request To Accomplish Certain Steps in the Service Information Out of 
Sequence

    AAL asked that it be allowed to accomplish certain steps in the 
referenced service information out of sequence. AAL stated that Boeing 
Special Attention Service Bulletin 757-54-0049, Revision 2, dated July 
27, 2011, removed Note 1 from the Work Instructions, and Note 1 allowed 
operators to change the sequence of steps for the specified procedures. 
AAL noted that if it is not allowed to accomplish certain steps out of 
sequence, it will be prevented from accomplishing the actions in that 
service bulletin in a timely manner. AAL added that the inspection and 
modification instructions are straightforward and are fundamental 
maintenance procedures.
    We agree that certain steps in the Work Instructions of Boeing 
Special Attention Service Bulletin 757-54-0049, Revision 2, dated July 
27, 2011, could be accomplished out of sequence; however, certain other 
steps cannot. We suggest that AAL provide supporting data to Boeing to 
substantiate that the service information can be revised to permit 
accomplishing those steps out of sequence when appropriate. AAL may 
also submit a request for approval of an alternative method of 
compliance (AMOC), as specified in paragraph (n) of this AD, to use for 
accomplishing those steps out of sequence. We have not changed the AD 
in this regard.

Request To Revise Certain Instructions in the NPRM (77 FR 49396, August 
16, 2012)

    AAL asked that only the work steps critical to correcting the 
unsafe condition be mandated by the AD. AAL stated that ``open and 
close'' are part of typical maintenance that is fundamental to a 
qualified maintenance facility; therefore, the instructions on how an 
operator gets to the steps should not be mandated but left to the 
operator's discretion as the best method to use to address the existing 
unsafe condition.
    We agree that certain steps in the Work Instructions of Boeing 
Special Attention Service Bulletin 757-54-0049, Revision 2, dated July 
27, 2011, may not need to be mandated; however, AAL did not provide 
supporting data of which steps in particular. We infer that AAL is 
asking to exclude the instructions mandated for access and close. 
Therefore, we have changed paragraph (g) of this AD to specify 
accomplishing Part II of the service information. We have also changed 
paragraph (l) of this AD to specify accomplishing Part IV of the 
service information for the inspection, and Part III of the service 
information for the preventive modification. These changes exclude 
Parts I and V of the service information which contain the instructions 
for access and close.

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 change described previously. We also determined that 
this change will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 389 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections in AD         2 work-hours x $85               $0  $170 per inspection  $66,130 per
 2008[dash]13[dash]20, Amendment    per hour = $170                      cycle.               inspection cycle.
 39[dash]15583 (73 FR 37786, July   per inspection
 2, 2008).                          cycle.
Retained optional modification in  61 work-hours x $85          $5,276  $10,461............  Up to $4,069,329.
 AD 2008[dash]13[dash]20,           per hour = $5,185.
 Amendment 39[dash]15583 (73 FR
 37786, July 2, 2008), and new
 optional actions.
New inspection...................  6 work-hours x $85               $0  $510...............  Up to $198,390.
                                    per hour = $510.
----------------------------------------------------------------------------------------------------------------

[[Page 21238]]

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this 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 removing airworthiness directive (AD) 
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008), and adding 
the following new AD:

2013-04-04 The Boeing Company: Amendment 39-17361; Docket No. FAA-
2012-0809; Directorate Identifier 2011-NM-135-AD.

(a) Effective Date

    This AD is effective May 15, 2013.

(b) Affected ADs

    This AD supersedes AD 2008-13-20, Amendment 39-15583 (73 FR 
37786, July 2, 2008).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200CB, 
-200PF, and -300 series airplanes; certificated in any category; 
equipped with Rolls-Royce RB211-535E engines.
    (2) Installation of Supplemental Type Certificate (STC) 
ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/48E13CDFBBC32CF4862576A4005D308B?OpenDocument&Highlight=st01518se) 
does not affect the ability to accomplish the actions required by 
this AD. For airplanes on which STC ST01518SE is installed, a 
``change in product'' alternative method of compliance (AMOC) 
approval request is not necessary to comply with the requirements of 
14 CFR 39.17.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 54, Nacelles/Pylons.

(e) Unsafe Condition

    This AD results from reports of incorrectly installed washers 
under the attachment bolts of the aft hinge fittings of the thrust 
reversers. We are issuing this AD to prevent failure of the 
attachment bolts and consequent separation of a thrust reverser from 
the airplane during flight, which could result in structural damage 
to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Repetitive Inspections/Investigative and Corrective 
Actions

    This paragraph restates the requirements of paragraph (f) of AD 
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008), with 
revised service information. At the time specified in paragraph 1.E. 
``Compliance,'' of Boeing Special Attention Service Bulletin 757-54-
0049 or 757-54-0050, both dated July 16, 2007, as applicable; except 
as provided by paragraph (h) of this AD: Do a detailed inspection 
for signs of damage of the aft hinge fittings and attachment bolts 
of the thrust reversers by doing all the actions, including all 
applicable related investigative and corrective actions, as 
specified in Part II of the Accomplishment Instructions of the 
applicable service bulletin specified in paragraph (g)(1), (g)(2), 
or (g)(3); or paragraph (g)(4), (g)(5), or (g)(6) of this AD; as 
applicable. Do all applicable related investigative and corrective 
actions at the time specified in paragraph 1.E., ``Compliance,'' of 
the applicable service bulletin identified in paragraph (g)(1) or 
(g)(4) of this AD. As of the effective date of this AD, only the 
service bulletin specified in paragraph (g)(3) or (g)(6) of this AD, 
as applicable, may be used to accomplish the actions required by 
this paragraph. If any damage is found and the service bulletin 
identified in paragraph (g)(1), (g)(2), (g)(3), (g)(4), (g)(5), or 
(g)(6) of this AD specifies to contact Boeing for appropriate 
action: Before further flight, repair using a method approved in 
accordance with the procedures specified in paragraph (n) of this 
AD.
    (1) Boeing Special Attention Service Bulletin 757-54-0049, dated 
July 16, 2007.
    (2) Boeing Special Attention Service Bulletin 757-54-0049, 
Revision 1, dated September 23, 2009.
    (3) Boeing Special Attention Service Bulletin 757-54-0049, 
Revision 2, dated July 27, 2011.
    (4) Boeing Service Bulletin 757-54-0050, dated July 16, 2007.
    (5) Boeing Special Attention Service Bulletin 757-54-0050, 
Revision 1, dated October 7, 2009.
    (6) Boeing Special Attention Service Bulletin 757-54-0050, 
Revision 2, dated July 27, 2011.

(h) Retained Exception to Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008). Where 
Boeing Special Attention Service Bulletin 757-54-0049 or Boeing 
Service Bulletin 757-54-0050, both dated July 16, 2007; as 
applicable; specifies compliance times relative to the date on the 
service bulletin, this AD requires compliance within the specified 
compliance time after August 6, 2008 (the effective date of AD 2008-
13-20).

(i) Retained Optional Terminating Modification

    This paragraph restates the actions specified in paragraph (h) 
of AD 2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008). 
Accomplishing the preventive modification identified in the service 
bulletin specified in paragraph (g)(1), (g)(2), or (g)(3); or 
paragraph (g)(4), (g)(5), or (g)(6) of this AD; as applicable; 
terminates the repetitive inspections required by paragraph (g) of 
this AD.

(j) Retained Concurrent Actions

    This paragraph restates the requirements of paragraph (i) of AD 
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008). Prior

[[Page 21239]]

to or concurrently with accomplishing the actions identified in the 
service bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of 
this AD, as applicable, accomplish the replacement specified in 
Boeing Special Attention Service Bulletin 757-54-0015, Revision 3, 
dated September 19, 1996.

(k) Retained Credit for Previous Actions

    This paragraph restates the provisions of paragraph (j) of AD 
2008-13-20, Amendment 39-15583 (73 FR 37786, July 2, 2008). This 
paragraph provides credit for the actions required by paragraph (j) 
of this AD, if those actions were performed before August 6, 2008 
(the effective date AD 2008-13-20), using Boeing Service Bulletin 
757-54-0015, dated February 16, 1989; Revision 1, dated December 20, 
1990; or Revision 2, dated April 21, 1994 (which are not 
incorporated by reference in this AD).

(l) New Requirements of This AD: Inspection of Washer Stack up 
Sequence/Corrective Action

    For Group 1, Configuration 2 airplanes identified in Boeing 
Special Attention Service Bulletins 757-54-0049 and 757-54-0050, 
Revision 2, both dated July 27, 2011: Within 3,000 flight cycles 
after the effective date of this AD, do a detailed inspection of the 
washers installed under the attachment bolts of the aft hinge 
fittings for correct installation sequence, in accordance with Part 
IV of the Accomplishment Instructions of Boeing Special Attention 
Service Bulletin 757-54-0049 or 757-54-0050, both Revision 2, both 
dated July 27, 2011, as applicable. If an incorrect installation 
sequence is found, before further flight, remove and reinstall the 
washer stack up correctly, in accordance with Part III of the 
Accomplishment Instructions of Boeing Special Attention Service 
Bulletin 757-54-0049 or 757-54-0050, Revision 2, both dated July 27, 
2011, as applicable.

(m) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (l) of this AD, if those actions were performed before the 
effective date of this AD using Boeing Special Attention Service 
Bulletin 757-54-0049, Revision 1, dated September 23, 2009; or 
Boeing Special Attention Service Bulletin 757-54-0050, Revision 1, 
dated October 7, 2009; as applicable.

(n) 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 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.
    (4) AMOCs approved previously in accordance with AD 2008-13-20, 
Amendment 39-15583 (73 FR 37786, July 2, 2008), are approved as 
AMOCs for the corresponding provisions of this AD.

(o) Related Information

    For more information about this AD, contact Nancy Marsh, 
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6440; fax: 425-917-6590; email: 
nancy.marsh@faa.gov.

(p) 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.
    (3) The following service information was approved on May 15, 
2013.
    (i) Boeing Special Attention Service Bulletin 757-54-0049, 
Revision 2, dated July 27, 2011.
    (ii) Boeing Special Attention Service Bulletin 757-54-0049, 
Revision 1, dated September 23, 2009.
    (iii) Boeing Special Attention Service Bulletin 757-54-0050, 
Revision 2, dated July 27, 2011.
    (iv) Boeing Special Attention Service Bulletin 757-54-0050, 
Revision 1, dated October 7, 2009.
    (4) The following service information was approved for IBR on 
August 6, 2008 (73 FR 37786, July 2, 2008).
    (i) Boeing Service Bulletin 757-54-0050, dated July 16, 2007.
    (ii) Boeing Special Attention Service Bulletin 757-54-0015, 
Revision 3, dated September 19, 1996.
    (iii) Boeing Special Attention Service Bulletin 757-54-0049, 
dated July 16, 2007.
    (5) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1, fax 206-766-5680; Internet https://www.myboeingfleet.com.
    (6) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (7) 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 8, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-03903 Filed 4-9-13; 8:45 am]
BILLING CODE 4910-13-P
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