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830 Federal Register / Vol. 73, No.

3 / Friday, January 4, 2008 / Proposed Rules

TABLE 2.—GENERAL REQUIREMENTS FOR SECURITY DURING TRANSPORT OF RAMQC—Continued


Requirement Category 1 Category 2

2 Develop normal and contingency procedures to cover; notifications, communications protocols, loss of com-
munications, and response to actual, attempted, or suspicious activities related to theft, loss, diversion or
sabotage of a shipment ........................................................................................................................................ ✓ ✓
3 Designate detailed security information as Safeguards Information .................................................................. ✓ ....................
G. Additional Requirements for Portable and Mobile Devices:
1 Have two independent physical controls that form tangible barriers to secure the material from unauthorized
removal when the device is not under direct control and constant surveillance by the licensee ........................ N/A ✓
2 For devices in or on a vehicle or trailer. Licensees shall also use a method to disable the vehicle or trailer
when not under direct control and constant surveillance by the licensee ........................................................... N/A ✓
Notes:
1 In accordance with 10 CFR Part 20, licensees are required to verify that their customers are authorized to possess the material. However,
this verification could be by means other than by direct contact with the regulatory authority.
2 A licensee may use a carrier or third-party communication center in lieu of establishing one itself. A commercial facility must have the capa-
bilities, necessary procedures, training, and personnel background investigations to meet the applicable requirement
3 Portable or mobile devices are within RAMQC Category 2.

IV. Questions To Consider her petition, Governor Gregoire airworthiness information (MCAI)
The NRC requests that interested requested that NRC consider adopting originated by an aviation authority of
parties comment on this policy change global positioning satellite (GPS) another country to identify and correct
to improve security during transport of technology tracking as a national an unsafe condition on an aviation
RAMQC. Besides comments on the requirement for mobile or portable uses product. The MCAI describes the unsafe
security measures provided above, the of radioactive material in quantities of condition as:
NRC is also interested in discussing the concern. The NRC is considering this Bombardier Aerospace has completed a
questions below. request. The staff is interested gaining a system safety review of the aircraft fuel
better understanding of the availability, system against fuel tank safety standards
Question 1 cost and practicality of technologies that * * *.
could be used to track the location of [A]ssessment showed that supplemental
Which part of Title 10 of the Code of maintenance tasks [for the fuel tank wiring
Federal Regulations (CFR) should the the source, package or vehicle.
harness installation, and the hydraulic
staff revise to include requirements to Dated at Rockville, Maryland, this 28th day system No. 3 temperature transducer, among
enhance security during transportation of December, 2007. other items] are required to prevent potential
of RAMQC? At this time, the staff is For the Nuclear Regulatory Commission. ignition sources inside the fuel system,
considering revising either the Robert K. Caldwell, which could result in a fuel tank explosion.
requirements of 10 CFR Part 20 or Part * * *
Branch Chief, Fuel Cycle and Transportation
73. Security Branch, Division of Security Policy, The proposed AD would require actions
Office of Nuclear Security and Incident that are intended to address the unsafe
Question 2 Response. condition described in the MCAI.
Should the NRC issue these [FR Doc. E7–25630 Filed 1–3–08; 8:45 am] DATES: We must receive comments on
requirements under its authority to BILLING CODE 7590–01–P this proposed AD by February 4, 2008.
protect public health and safety or ADDRESSES: You may send comments by
under its authority to promote the any of the following methods:
common defense and security? DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: Go to
The NRC can either impose new http://www.regulations.gov. Follow the
requirements under its authority in the Federal Aviation Administration instructions for submitting comments.
Atomic Energy Act of 1954, as amended, • Fax: (202) 493–2251.
to protect public health and safety or 14 CFR Part 39 • Mail: U.S. Department of
under its authority to promote the Transportation, Docket Operations, M–
[Docket No. FAA–2008–0414; Directorate
common defense and security. If these Identifier 2007–NM–340–AD] 30, West Building Ground Floor, Room
enhancements to the regulations are W12–140, 1200 New Jersey Avenue, SE.,
issued under public health and safety, RIN 2120–AA64 Washington, DC 20590.
the NRC would co-regulate with the • Hand Delivery: U.S. Department of
Agreement States. If these Airworthiness Directives; Bombardier
Transportation, Docket Operations, M–
enhancements are issued under Model CL–600–2C10 (Regional Jet
30, West Building Ground Floor, Room
common defense and security, the NRC Series 700, 701, & 702), Model CL–600–
W12–40, 1200 New Jersey Avenue, SE.,
would retain its authority and would 2D15 (Regional Jet Series 705), and
Washington, DC, between 9 a.m. and 5
not co-regulate with the Agreement CL–600–2D24 (Regional Jet Series 900)
p.m., Monday through Friday, except
States in this area. Airplanes
Federal holidays.
Question 3 AGENCY: Federal Aviation Examining the AD Docket
Administration (FAA), DOT.
What technologies are in use to track You may examine the AD docket on
ebenthall on PROD1PC69 with PROPOSALS

ACTION: Notice of proposed rulemaking


the location of sources, packages or (NPRM). the Internet at http://
vehicles carrying radioactive material in www.regulations.gov; or in person at the
quantities of concern? SUMMARY: We propose to adopt a new Docket Operations office between 9 a.m.
On April 27, 2007, Governor Gregoire, airworthiness directive (AD) for the and 5 p.m., Monday through Friday,
State of Washington, submitted a products listed above. This proposed except Federal holidays. The AD docket
petition for rulemaking to the NRC. In AD results from mandatory continuing contains this proposed AD, the

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Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Proposed Rules 831

regulatory evaluation, any comments System Limitations’’ to introduce the reduce the potential of ignition sources
received, and other information. The required maintenance tasks. inside fuel tanks, which, in combination
street address for the Docket Operations The corrective action is revising the with flammable fuel vapors, could result
office (telephone (800) 647–5527) is in Airworthiness Limitations Section of in fuel tank explosions and consequent
the ADDRESSES section. Comments will the Instructions for Continued loss of the airplane.
be available in the AD docket shortly Airworthiness to incorporate new Relevant Service Information
after receipt. limitations for fuel tank systems. You
FOR FURTHER INFORMATION CONTACT: may obtain further information by Bombardier has issued a revision to
Rocco Viselli, Aerospace Engineer, examining the MCAI in the AD docket. Canadair Regional Jet Model CL–600–
Airframe and Propulsion Branch, ANE– The FAA has examined the 2C10, –2D15, and –2D24 Airworthiness
171, FAA, New York Aircraft underlying safety issues involved in fuel Limitations (ALIs) in the Maintenance
Certification Office, 1600 Stewart tank explosions on several large Requirements Manual, CSP B–053, Part
Avenue, Suite 410, Westbury, New York transport airplanes, including the 2, Section 3, ‘‘Fuel System Limitations,’’
11590; telephone (516) 228–7331; fax adequacy of existing regulations, the Revision 9, dated July 20, 2007. The
(516) 794–5531. service history of airplanes subject to actions described in this service
those regulations, and existing information are intended to correct the
SUPPLEMENTARY INFORMATION:
maintenance practices for fuel tank unsafe condition identified in the
Comments Invited systems. As a result of those findings, MCAI.
We invite you to send any written we issued a regulation titled ‘‘Transport FAA’s Determination and Requirements
relevant data, views, or arguments about Airplane Fuel Tank System Design of This Proposed AD
this proposed AD. Send your comments Review, Flammability Reduction and
Maintenance and Inspection This product has been approved by
to an address listed under the the aviation authority of another
ADDRESSES section. Include ‘‘Docket No. Requirements’’ (66 FR 23086, May 7,
2001). In addition to new airworthiness country, and is approved for operation
FAA–2008–0414; Directorate Identifier in the United States. Pursuant to our
2007–NM–340–AD’’ at the beginning of standards for transport airplanes and
new maintenance requirements, this bilateral agreement with the State of
your comments. We specifically invite Design Authority, we have been notified
comments on the overall regulatory, rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’ of the unsafe condition described in the
economic, environmental, and energy MCAI and service information
aspects of this proposed AD. We will Amendment 21–78, and subsequent
Amendments 21–82 and 21–83). referenced above. We are proposing this
consider all comments received by the AD because we evaluated all pertinent
closing date and may amend this Among other actions, SFAR 88
requires certain type design (i.e., type information and determined an unsafe
proposed AD based on those comments. condition exists and is likely to exist or
We will post all comments we certificate (TC) and supplemental type
certificate (STC)) holders to substantiate develop on other products of the same
receive, without change, to http://
that their fuel tank systems can prevent type design.
www.regulations.gov, including any This proposed AD would also allow
personal information you provide. We ignition sources in the fuel tanks. This
requirement applies to type design accomplishing the AWL revision in
will also post a report summarizing each accordance with later revisions of the
substantive verbal contact we receive holders for large turbine-powered
transport airplanes and for subsequent MPD as an acceptable method of
about this proposed AD. compliance if the limit or interval is
modifications to those airplanes. It
Discussion requires them to perform design reviews part of a later approved Maintenance
Transport Canada Civil Aviation and to develop design changes and Requirements Manual revision or the
(TCCA), which is the aviation authority maintenance procedures if their designs limit or interval is approved as an
for Canada, has issued Canadian do not meet the new fuel tank safety alternative method of compliance
Airworthiness Directive CF–2007–28, standards. As explained in the preamble (AMOC) in accordance with the
dated November 22, 2007 (referred to to the rule, we intended to adopt procedures specified in paragraph (g) of
after this as ‘‘the MCAI’’), to correct an airworthiness directives to mandate any this proposed AD.
changes found necessary to address In most ADs, we adopt a compliance
unsafe condition for the specified
unsafe conditions identified as a result time allowing a specified amount of
products. The MCAI states:
of these reviews. time after the AD’s effective date. In this
Bombardier Aerospace has completed a In evaluating these design reviews, we case, however, the FAA has already
system safety review of the aircraft fuel have established four criteria intended issued regulations that require operators
system against fuel tank standards to define the unsafe conditions to revise their maintenance/inspection
introduced in Chapter 525 of the
Airworthiness Manual through Notice of
associated with fuel tank systems that programs to address fuel tank safety
Proposed Amendment (NPA) 2002–043. The require corrective actions. The issues. The compliance date for these
identified non-compliances were then percentage of operating time during regulations is December 16, 2008. To
assessed using Transport Canada Policy which fuel tanks are exposed to provide for coordinated implementation
Letter No. 525–001, to determine if flammable conditions is one of these of these regulations and this proposed
mandatory corrective action is required. criteria. The other three criteria address AD, we are using this same compliance
The assessment showed that supplemental the failure types under evaluation: date in this proposed AD.
maintenance tasks [for the fuel tank wiring Single failures, single failures in
harness installation, and the hydraulic combination with a latent condition(s), Differences Between This AD and the
system No. 3 temperature transducer, among MCAI or Service Information
ebenthall on PROD1PC69 with PROPOSALS

and in-service failure experience. For all


other items] are required to prevent potential We have reviewed the MCAI and
ignition sources inside the fuel system,
four criteria, the evaluations included
which could result in a fuel tank explosion. consideration of previous actions taken related service information and, in
Revision has been made to Canadair Regional that may mitigate the need for further general, agree with their substance. But
Jet Models CL–600–2C10, CL–600–2D15 and action. we might have found it necessary to use
CL–600–2D24 Maintenance Requirements We have determined that the actions different words from those in the MCAI
Manual, CSP B–053, Part 2, Section 3 ‘‘Fuel identified in this AD are necessary to to ensure the AD is clear for U.S.

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832 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Proposed Rules

operators and is enforceable. In making 3. Will not have a significant Reason


these changes, we do not intend to differ economic impact, positive or negative, (e) The mandatory continuing
substantively from the information on a substantial number of small entities airworthiness information (MCAI) states:
provided in the MCAI and related under the criteria of the Regulatory Bombardier Aerospace has completed a
service information. Flexibility Act. system safety review of the aircraft fuel
system against fuel tank standards
We might also have proposed We prepared a regulatory evaluation introduced in Chapter 525 of the
different actions in this AD from those of the estimated costs to comply with Airworthiness Manual through Notice of
in the MCAI in order to follow FAA this proposed AD and placed it in the Proposed Amendment (NPA) 2002–043. The
policies. Any such differences are AD docket. identified non-compliances were then
highlighted in a NOTE within the assessed using Transport Canada Policy
proposed AD. List of Subjects in 14 CFR Part 39 Letter No. 525–001, to determine if
mandatory corrective action is required.
Costs of Compliance Air transportation, Aircraft, Aviation The assessment showed that supplemental
safety, Safety. maintenance tasks [for the fuel tank wiring
Based on the service information, we
harness installation, and the hydraulic
estimate that this proposed AD would The Proposed Amendment system No. 3 temperature transducer, among
affect about 289 products of U.S. other items] are required to prevent potential
registry. We also estimate that it would Accordingly, under the authority
ignition sources inside the fuel system,
take about 1 work-hour per product to delegated to me by the Administrator, which could result in a fuel tank explosion.
comply with the basic requirements of the FAA proposes to amend 14 CFR part Revision has been made to Canadair Regional
this proposed AD. The average labor 39 as follows: Jet Models CL–600–2C10, CL–600–2D15 and
rate is $80 per work-hour. Based on CL–600–2D24 Maintenance Requirements
PART 39—AIRWORTHINESS Manual, CSP B–053, Part 2, Section 3 ‘‘Fuel
these figures, we estimate the cost of the
DIRECTIVES System Limitations’’ to introduce the
proposed AD on U.S. operators to be required maintenance tasks.
$23,120, or $80 per product. 1. The authority citation for part 39 The corrective action is revising the
Authority for This Rulemaking continues to read as follows: Airworthiness Limitations Section (ALS) of
the Instructions for Continued Airworthiness
Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
to incorporate new limitations for fuel tank
specifies the FAA’s authority to issue § 39.13 [Amended] systems.
rules on aviation safety. Subtitle I,
Actions and Compliance
section 106, describes the authority of 2. The FAA amends § 39.13 by adding
the FAA Administrator. ‘‘Subtitle VII: the following new AD: (f) Unless already done, do the following
actions.
Aviation Programs,’’ describes in more Bombardier, Inc. (Formerly Canadair): (1) Within 60 days after the effective date
detail the scope of the Agency’s Docket No. FAA–2008–0414; Directorate of this AD, or on or before December 16,
authority. Identifier 2007–NM–340–AD. 2008, whichever occurs first, revise the ALS
We are issuing this rulemaking under Comments Due Date of the Instructions for Continued
the authority described in ‘‘Subtitle VII, Airworthiness to incorporate the inspection
(a) We must receive comments by February requirements of Canadair Regional Jet Model
Part A, Subpart III, Section 44701: 4, 2008.
General requirements.’’ Under that CL–600–2C10, –2D15, and –2D24
section, Congress charges the FAA with Affected ADs Airworthiness Limitations (ALIs) in the
Maintenance Requirements Manual, CSP B–
promoting safe flight of civil aircraft in (b) None. 053, Part 2, Section 3, ‘‘Fuel System
air commerce by prescribing regulations Applicability Limitations,’’ Revision 9, dated July 20, 2007
for practices, methods, and procedures (‘‘the MRM’’). For task numbers 24–90–00–
the Administrator finds necessary for (c) This AD applies to all Bombardier
601, 24–90–00–602, 28–00–00–601, 28–11–
Model CL–600–2C10 (Regional Jet Series 700,
safety in air commerce. This regulation 701, & 702), Model CL–600–2D15 (Regional
23–601, 28–11–23–602, 28–12–13–601, 29–
is within the scope of that authority 30–00–601, and 29–30–00–602, the initial
Jet Series 705), and CL–600–2D24 (Regional
because it addresses an unsafe condition compliance times start from the later of the
Jet Series 900) airplanes, certificated in any
that is likely to exist or develop on times specified in paragraphs (f)(1)(i) and
category, all serial numbers. (f)(1)(ii) of this AD, and the repetitive
products identified in this rulemaking Note 1: This AD requires revisions to inspections must be accomplished thereafter
action. certain operator maintenance documents to at the interval specified in the MRM, except
include new inspections. Compliance with as provided by paragraph (g) of this AD.
Regulatory Findings these inspections is required by 14 CFR Accomplishing the revision in accordance
We determined that this proposed AD 91.403(c). For airplanes that have been with a later revision of the MRM is an
would not have federalism implications previously modified, altered, or repaired in acceptable method of compliance if the
under Executive Order 13132. This the areas addressed by these inspections, the revision is approved by the Manager, New
operator may not be able to accomplish the York Aircraft Certification Office (ACO),
proposed AD would not have a
inspections described in the revisions. In this FAA.
substantial direct effect on the States, on situation, to comply with 14 CFR 91.403(c), (i) The effective date of this AD.
the relationship between the national the operator must request approval for an (ii) The date of issuance of the original
Government and the States, or on the alternative method of compliance according Canadian standard airworthiness certificate
distribution of power and to paragraph (g) of this AD. The request or the date of issuance of the original
responsibilities among the various should include a description of changes to Canadian export certificate of airworthiness.
levels of government. the required inspections that will ensure the (2) Except as provided by paragraph (g) of
For the reasons discussed above, I continued operational safety of the airplane. this AD: After accomplishing the actions
ebenthall on PROD1PC69 with PROPOSALS

certify this proposed regulation: The FAA has provided guidance for this specified in paragraphs (f)(1) of this AD, no
determination in Advisory Circular (AC) 25– alternative inspections or inspection
1. Is not a ‘‘significant regulatory 1529–1. intervals may be used, unless the limit or
action’’ under Executive Order 12866; interval is part of a later approved revision
2. Is not a ‘‘significant rule’’ under the Subject of the Canadair Regional Jet Model CL–600–
DOT Regulatory Policies and Procedures (d) Air Transport Association (ATA) of 2C10, –2D15, and –2D24 Maintenance
(44 FR 11034, February 26, 1979); and America Code 28: Fuel. Requirements Manual, CSP B–053, Part 2,

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Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Proposed Rules 833

Section 3, ‘‘Fuel System Limitations,’’ DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday,
Revision 9, dated July 20, 2007, or the limit except Federal holidays. The AD docket
or interval is approved as an alternative Federal Aviation Administration contains this proposed AD, the
method of compliance (AMOC) in regulatory evaluation, any comments
accordance with the procedures specified in 14 CFR Part 39 received, and other information. The
paragraph (g) of this AD. street address for the Docket Operations
[Docket No. FAA–2008–0413; Directorate
FAA AD Differences Identifier 2007–NM–341–AD] office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
Note 2: This AD differs from the MCAI RIN 2120–AA64 be available in the AD docket shortly
and/or service information as follows: No after receipt.
differences. Airworthiness Directives; Bombardier FOR FURTHER INFORMATION CONTACT:
Model CL–600–2B19 (Regional Jet Rocco Viselli, Aerospace Engineer,
Other FAA AD Provisions Series 100 & 440) Airplanes Airframe and Propulsion Branch, ANE–
(g) The following provisions also apply to
AGENCY: Federal Aviation 171, FAA, New York Aircraft
this AD:
Administration (FAA), DOT. Certification Office, 1600 Stewart
(1) Alternative Methods of Compliance
ACTION: Notice of proposed rulemaking Avenue, Suite 410, Westbury, New York
(AMOCs): The Manager, New York Aircraft
(NPRM). 11590; telephone (516) 228–7331; fax
Certification Office (ACO), FAA, has the
(516) 794–5531.
authority to approve AMOCs for this AD, if
requested using the procedures found in 14 SUMMARY: We propose to adopt a new SUPPLEMENTARY INFORMATION:
CFR 39.19. Send information to ATTN: Rocco airworthiness directive (AD) for the
Comments Invited
Viselli, Aerospace Engineer, Airframe and products listed above. This proposed
Propulsion Branch, ANE–171, FAA, New AD results from mandatory continuing We invite you to send any written
York Aircraft Certification Office, 1600 airworthiness information (MCAI) relevant data, views, or arguments about
Stewart Avenue, Suite 410, Westbury, New originated by an aviation authority of this proposed AD. Send your comments
York 11590; telephone (516) 228–7331; fax another country to identify and correct to an address listed under the
(516) 794–5531. Before using any approved an unsafe condition on an aviation ADDRESSES section. Include ‘‘Docket No.
AMOC on any airplane to which the AMOC product. The MCAI describes the unsafe FAA–2008–0413; Directorate Identifier
applies, notify your appropriate principal condition as: 2007–NM–341–AD’’ at the beginning of
inspector (PI) in the FAA Flight Standards your comments. We specifically invite
Bombardier Aerospace has completed a
District Office (FSDO), or lacking a PI, your system safety review of the aircraft fuel comments on the overall regulatory,
local FSDO. system against fuel tank safety standards economic, environmental, and energy
(2) Airworthy Product: For any requirement * * *. aspects of this proposed AD. We will
in this AD to obtain corrective actions from [A]ssessment showed that supplemental consider all comments received by the
a manufacturer or other source, use these maintenance tasks [for certain bonding closing date and may amend this
actions if they are FAA-approved. Corrective jumpers, wiring harnesses, and hydraulic proposed AD based on those comments.
systems, among other items] are required to We will post all comments we
actions are considered FAA-approved if they
prevent potential ignition sources inside the receive, without change, to http://
are approved by the State of Design Authority fuel system, which could result in a fuel tank
(or their delegated agent). You are required www.regulations.gov, including any
explosion. * * *
to assure the product is airworthy before it personal information you provide. We
is returned to service. The proposed AD would require actions will also post a report summarizing each
(3) Reporting Requirements: For any that are intended to address the unsafe substantive verbal contact we receive
reporting requirement in this AD, under the condition described in the MCAI. about this proposed AD.
provisions of the Paperwork Reduction Act, DATES: We must receive comments on Discussion
the Office of Management and Budget (OMB) this proposed AD by February 4, 2008.
has approved the information collection Transport Canada Civil Aviation
ADDRESSES: You may send comments by
requirements and has assigned OMB Control (TCCA), which is the aviation authority
any of the following methods:
Number 2120–0056. for Canada, has issued Canadian
• Federal eRulemaking Portal: Go to
Airworthiness Directive CF–2007–29,
Related Information http://www.regulations.gov. Follow the
dated November 22, 2007 (referred to
instructions for submitting comments.
(h) Refer to MCAI Canadian Airworthiness after this as ‘‘the MCAI’’), to correct an
• Fax: (202) 493–2251.
Directive CF–2007–28, dated November 22, unsafe condition for the specified
• Mail: U.S. Department of
2007; and Canadair Regional Jet Model CL– products. The MCAI states:
600–2C10, –2D15, and –2D24 Airworthiness
Transportation, Docket Operations,
M–30, West Building Ground Floor, Bombardier Aerospace has completed a
Limitations (ALIs) in the Maintenance system safety review of the aircraft fuel
Requirements Manual, CSP B–053, Part 2, Room W12–140, 1200 New Jersey
system against fuel tank standards
Section 3, ‘‘Fuel System Limitations,’’ Avenue, SE., Washington, DC 20590. introduced in Chapter 525 of the
Revision 9, dated July 20, 2007; for related • Hand Delivery: U.S. Department of Airworthiness Manual through Notice of
information. Transportation, Docket Operations, Proposed Amendment (NPA) 2002–043. The
M–30, West Building Ground Floor, identified non-compliances were then
Issued in Renton, Washington, on Room W12–40, 1200 New Jersey assessed using Transport Canada Policy
December 21, 2007. Avenue, SE., Washington, DC, between Letter No. 525–001, to determine if
Ali Bahrami, 9 a.m. and 5 p.m., Monday through mandatory corrective action is required.
The assessment showed that supplemental
ebenthall on PROD1PC69 with PROPOSALS

Manager, Transport Airplane Directorate, Friday, except Federal holidays.


maintenance tasks [for certain bonding
Aircraft Certification Service.
Examining the AD Docket jumpers, wiring harnesses, and hydraulic
[FR Doc. E7–25619 Filed 1–3–08; 8:45 am] systems, among other items] are required to
BILLING CODE 4910–13–P
You may examine the AD docket on prevent potential ignition sources inside the
the Internet at http:// fuel system, which could result in a fuel tank
www.regulations.gov; or in person at the explosion. Revision has been made to
Docket Operations office between 9 a.m. Canadair Regional Jet Model CL–600–2B19

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