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63503

Proposed Rules Federal Register


Vol. 72, No. 217

Friday, November 9, 2007

This section of the FEDERAL REGISTER • Federal eRulemaking Portal: Go to substantive verbal contact we receive
contains notices to the public of the proposed http://www.regulations.gov. Follow the about this proposed AD.
issuance of rules and regulations. The instructions for submitting comments.
purpose of these notices is to give interested Discussion
• Fax: (202) 493–2251.
persons an opportunity to participate in the The European Aviation Safety Agency
rule making prior to the adoption of the final • Mail: U.S. Department of
Transportation, Docket Operations, M– (EASA), which is the Technical Agent
rules.
30, West Building Ground Floor, Room for the Member States of the European
W12–140, 1200 New Jersey Avenue, SE., Community, has issued EASA
DEPARTMENT OF TRANSPORTATION Washington, DC 20590. Airworthiness Directive 2007–0233,
dated August 27, 2007 (referred to after
• Hand Delivery: U.S. Department of
Federal Aviation Administration this as ‘‘the MCAI’’), to correct an unsafe
Transportation, Docket Operations, M–
condition for the specified products.
30, West Building Ground Floor, Room
14 CFR Part 39 The MCAI states:
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 [T]he FAA has published SFAR 88 (Special
[Docket No. FAA–2007–0172; Directorate Federal Aviation Regulation 88). In their
Identifier 2007–NM–225–AD] p.m., Monday through Friday, except
letters referenced 04/00/02/07/01-L296,
Federal holidays.
dated March 4th, 2002 and 04/00/02/07/03–
RIN 2120–AA64 L024, dated February 3rd, 2003, the JAA
Examining the AD Docket
(Joint Aviation Authorities) recommended
Airworthiness Directives; Airbus Model You may examine the AD docket on the application of a similar regulation to the
A300 B4–600, A300 B4–600R, A300 C4– the Internet at http:// National Aviation Authorities (NAA).
600R, and A300 F4–600R Series www.regulations.gov; or in person at the Under this regulation, all holders of type
Airplanes Docket Operations office between 9 a.m. certificates for passenger transport aircraft
and 5 p.m., Monday through Friday, with either a passenger capacity of 30 or
AGENCY: Federal Aviation more, or a payload capacity of 7,500 pounds
Administration (FAA), DOT. except Federal holidays. The AD docket
(3402 kg) or more, which have received their
contains this proposed AD, the certification since January 1st, 1958, are
ACTION: Notice of proposed rulemaking
regulatory evaluation, any comments required to conduct a design review against
(NPRM). received, and other information. The explosion risks.
SUMMARY: We propose to adopt a new street address for the Docket Operations The replacement of some types of P-clips
airworthiness directive (AD) for the office (telephone (800) 647–5527) is in and improvement of the electrical bonding of
the ADDRESSES section. Comments will the equipment in the fuel tanks are rendered
products listed above. This proposed mandatory by this AD.
AD results from mandatory continuing be available in the AD docket shortly
after receipt. Note: Initially, EASA AD 2006–0325,
airworthiness information (MCAI) which addresses the same unsafe condition,
originated by an aviation authority of FOR FURTHER INFORMATION CONTACT: Tom also applied to A300–600 aircraft. The
another country to identify and correct Stafford, Aerospace Engineer, approval holder subsequently introduced
an unsafe condition on an aviation International Branch, ANM–116, additional work at revision 1 of SB (service
product. The MCAI describes the unsafe Transport Airplane Directorate, FAA, bulletin) A300–28–6064 applicable to A300–
condition as: 1601 Lind Avenue, SW., Renton, 600 aircraft. [On September 21, 2007, the
Washington 98057–3356; telephone FAA issued parallel AD 2007–20–04 for only
[T]he FAA has published SFAR 88 (Special Airbus Model A300 Airplanes and Model
Federal Aviation Regulation 88). * * * (425) 227–1622; fax (425) 227–1149.
A310 Airplanes, which was published in the
Under this regulation, all holders of type SUPPLEMENTARY INFORMATION: Federal Register (72 FR 56258, October 3,
certificates for passenger transport aircraft 2007).]
* * * are required to conduct a design Comments Invited
As a result, AD 2006–0325 has been
review against explosion risks.
The replacement of some types of P-clips We invite you to send any written revised to remove A300–600 aircraft from
relevant data, views, or arguments about applicability, and this new AD applicable to
and improvement of the electrical bonding of
this proposed AD. Send your comments A300–600 aircraft is issued.
the equipment in the fuel tanks are rendered
mandatory by this AD. to an address listed under the The unsafe condition is damage to
ADDRESSES section. Include ‘‘Docket No. wiring in the wing, center, and trim fuel
The unsafe condition is damage to
FAA–2007–0172; Directorate Identifier tanks, due to failed P-clips used for
wiring in the wing, center, and trim fuel
2007–NM–225–AD’’ at the beginning of retaining the wiring and pipes, which
tanks, due to failed P-clips used for
your comments. We specifically invite could result in a possible fuel ignition
retaining the wiring and pipes, which
comments on the overall regulatory, source in the wing, center, or trim fuel
could result in a possible fuel ignition
economic, environmental, and energy tanks. The corrective action is checking
source in the wing, center, or trim fuel
aspects of this proposed AD. We will the electrical bonding points of certain
tanks. The proposed AD would require
consider all comments received by the equipment in the center fuel tank for the
actions that are intended to address the
closing date and may amend this presence of a blue coat and doing
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unsafe condition described in the MCAI.


proposed AD based on those comments. related investigative and corrective
DATES: We must receive comments on
We will post all comments we actions if necessary. The related
this proposed AD by December 10, receive, without change, to http:// investigative action is to measure the
2007. www.regulations.gov, including any electrical resistance between the
ADDRESSES: You may send comments by personal information you provide. We equipment and structure, if a blue coat
any of the following methods: will also post a report summarizing each is not present. The corrective action is

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63504 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Proposed Rules

to electrically bond the equipment, if associated body of the European Civil Costs of Compliance
the measured resistance is greater than Aviation Conference (ECAC) Based on the service information, we
10 milliohms. The corrective action also representing the civil aviation estimate that this proposed AD would
includes installing new bonding leads regulatory authorities of a number of affect about 114 products of U.S.
and electrical bonding points on certain European States who have agreed to co- registry. We also estimate that it would
equipment in the left and right wing operate in developing and take about 632 work-hours per product
fuel tanks and center fuel tank. You may implementing common safety regulatory to comply with the basic requirements
obtain further information by examining standards and procedures.) Under this of this proposed AD. The average labor
the MCAI in the AD docket. regulation, the JAA stated that all
The FAA has examined the rate is $80 per work-hour. Required
members of the ECAC that hold type parts would cost about $6,870 per
underlying safety issues involved in fuel certificates for transport category
tank explosions on several large product. Where the service information
airplanes are required to conduct a lists required parts costs that are
transport airplanes, including the design review against explosion risks.
adequacy of existing regulations, the covered under warranty, we have
We have determined that the actions assumed that there will be no charge for
service history of airplanes subject to
identified in this AD are necessary to these costs. As we do not control
those regulations, and existing
reduce the potential of ignition sources warranty coverage for affected parties,
maintenance practices for fuel tank
inside fuel tanks, which, in combination some parties may incur costs higher
systems. As a result of those findings,
with flammable fuel vapors, could result than estimated here. Based on these
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design in fuel tank explosions and consequent figures, we estimate the cost of the
Review, Flammability Reduction and loss of the airplane. proposed AD on U.S. operators to be
Maintenance and Inspection Relevant Service Information $6,547,020, or $57,430 per product.
Requirements’’ (66 FR 23086, May 7, Authority for This Rulemaking
2001). In addition to new airworthiness Airbus has issued Service Bulletins
standards for transport airplanes and A300–28–6064, Revision 01, dated April Title 49 of the United States Code
new maintenance requirements, this 3, 2007; A300–28–6068, dated July 20, specifies the FAA’s authority to issue
rule included Special Federal Aviation 2005; and A300–28–6077, Revision 01, rules on aviation safety. Subtitle I,
Regulation No. 88 (‘‘SFAR 88,’’ dated October 26, 2006. The actions section 106, describes the authority of
Amendment 21–78, and subsequent described in this service information are the FAA Administrator. ‘‘Subtitle VII:
Amendments 21–82 and 21–83). intended to correct the unsafe condition Aviation Programs,’’ describes in more
Among other actions, SFAR 88 identified in the MCAI. detail the scope of the Agency’s
requires certain type design (i.e., type authority.
FAA’s Determination and Requirements We are issuing this rulemaking under
certificate (TC) and supplemental type
of This Proposed AD the authority described in ‘‘Subtitle VII,
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent This product has been approved by Part A, Subpart III, Section 44701:
ignition sources in the fuel tanks. This the aviation authority of another General requirements.’’ Under that
requirement applies to type design country, and is approved for operation section, Congress charges the FAA with
holders for large turbine-powered in the United States. Pursuant to our promoting safe flight of civil aircraft in
transport airplanes and for subsequent bilateral agreement with the State of air commerce by prescribing regulations
modifications to those airplanes. It Design Authority, we have been notified for practices, methods, and procedures
requires them to perform design reviews of the unsafe condition described in the the Administrator finds necessary for
and to develop design changes and MCAI and service information safety in air commerce. This regulation
maintenance procedures if their designs referenced above. We are proposing this is within the scope of that authority
do not meet the new fuel tank safety AD because we evaluated all pertinent because it addresses an unsafe condition
standards. As explained in the preamble information and determined an unsafe that is likely to exist or develop on
to the rule, we intended to adopt condition exists and is likely to exist or products identified in this rulemaking
airworthiness directives to mandate any develop on other products of the same action.
changes found necessary to address type design. Regulatory Findings
unsafe conditions identified as a result
of these reviews. Differences Between This AD and the We determined that this proposed AD
In evaluating these design reviews, we MCAI or Service Information would not have federalism implications
have established four criteria intended under Executive Order 13132. This
to define the unsafe conditions We have reviewed the MCAI and proposed AD would not have a
associated with fuel tank systems that related service information and, in substantial direct effect on the States, on
require corrective actions. The general, agree with their substance. But the relationship between the national
percentage of operating time during we might have found it necessary to use Government and the States, or on the
which fuel tanks are exposed to different words from those in the MCAI distribution of power and
flammable conditions is one of these to ensure the AD is clear for U.S. responsibilities among the various
criteria. The other three criteria address operators and is enforceable. In making levels of government.
the failure types under evaluation: these changes, we do not intend to differ For the reasons discussed above, I
Single failures, single failures in substantively from the information certify this proposed regulation:
combination with a latent condition(s), provided in the MCAI and related 1. Is not a ‘‘significant regulatory
and in-service failure experience. For all service information. action’’ under Executive Order 12866;
sroberts on PROD1PC70 with PROPOSALS

four criteria, the evaluations included We might also have proposed 2. Is not a ‘‘significant rule’’ under the
consideration of previous actions taken different actions in this AD from those DOT Regulatory Policies and Procedures
that may mitigate the need for further in the MCAI in order to follow FAA (44 FR 11034, February 26, 1979); and
action. policies. Any such differences are 3. Will not have a significant
The JAA has issued a regulation that highlighted in a NOTE within the economic impact, positive or negative,
is similar to SFAR 88. (The JAA is an proposed AD. on a substantial number of small entities

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Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Proposed Rules 63505

under the criteria of the Regulatory Reason install additional bonding leads and
Flexibility Act. (e) The mandatory continuing electrical bonding points in the wing and
airworthiness information (MCAI) states: center fuel tanks in accordance with the
We prepared a regulatory evaluation instructions of Airbus Service Bulletin A300–
of the estimated costs to comply with [T]he FAA has published SFAR 88 (Special 28–6064, Revision 01, dated April 3, 2007.
this proposed AD and placed it in the Federal Aviation Regulation 88). In their Do all applicable related investigative and
letters referenced 04/00/02/07/01–L296,
AD docket. corrective actions before further flight.
dated March 4th, 2002 and 04/00/02/07/03– (3) For airplanes fitted with a trim tank, in
List of Subjects in 14 CFR Part 39 L024, dated February 3rd, 2003, the JAA addition to the actions defined in paragraphs
(Joint Aviation Authorities) recommended (f)(1) and (f)(2) of this AD, install bonding
Air transportation, Aircraft, Aviation the application of a similar regulation to the leads and electrical bonding points in the
safety, Safety. National Aviation Authorities (NAA). trim tanks, in accordance with the
Under this regulation, all holders of type instructions of Airbus Service Bulletin A300–
The Proposed Amendment certificates for passenger transport aircraft 28–6077, Revision 01, dated October 26,
with either a passenger capacity of 30 or 2006.
Accordingly, under the authority more, or a payload capacity of 7,500 pounds
delegated to me by the Administrator, (4) Actions done before the effective date
(3402 kg) or more, which have received their of this AD in accordance with Airbus Service
the FAA proposes to amend 14 CFR part certification since January 1st, 1958, are Bulletin A300–28–6064, dated July 28, 2005,
39 as follows: required to conduct a design review against for aircraft under configuration 05, as defined
explosion risks. in the service bulletin, are considered
PART 39—AIRWORTHINESS The replacement of some types of P-clips acceptable for compliance with the
DIRECTIVES and improvement of the electrical bonding of requirements of paragraph (f)(2) of this AD.
the equipment in the fuel tanks are rendered (5) Actions done before the effective date
1. The authority citation for part 39 mandatory by this AD. of this AD in accordance with Airbus Service
continues to read as follows: Note: Initially, EASA AD 2006–0325, Bulletin A300–28–6077, dated July 25, 2005,
which addresses the same unsafe condition, for aircraft under configuration 05, as defined
Authority: 49 U.S.C. 106(g), 40113, 44701. also applied to A300–600 aircraft. The in the service bulletin, are considered
approval holder subsequently introduced acceptable for compliance with the
§ 39.13 [Amended]
additional work at revision 1 of SB (service requirements of paragraph (f)(3) of this AD.
2. The FAA amends § 39.13 by adding bulletin) A300–28–6064 applicable to A300–
600 aircraft. [On September 21, 2007, the FAA AD Differences
the following new AD:
FAA issued parallel AD 2007–20–04 for only Note: This AD differs from the MCAI and/
Airbus: Docket No. FAA–2007–0172; Airbus Model A300 Airplanes and Model or service information as follows: The
Directorate Identifier 2007–NM–225–AD. A310 Airplanes, which was published in the applicability of the MCAI does not address
Comments Due Date Federal Register (72 FR 56258, October 3, Airbus Modification 12490. We have added
2007).] this Modification number to the applicability
(a) We must receive comments by
December 10, 2007. As a result, AD 2006–0325 has been of this AD, as requested by Airbus and
revised to remove A300–600 aircraft from coordinated with the European Aviation
Affected ADs applicability, and this new AD applicable to Safety Agency (EASA).
(b) None. A300–600 aircraft is issued.
The unsafe condition is damage to wiring Other FAA AD Provisions
Applicability in the wing, center, and trim fuel tanks, due (g) The following provisions also apply to
(c) This AD applies to the airplanes to failed P-clips used for retaining the wiring this AD:
identified in paragraphs (c)(1) and (c)(2) of and pipes, which could result in a possible (1) Alternative Methods of Compliance
this AD. fuel ignition source in the wing, center, or (AMOCs): The Manager, International
(1) Airbus Model A300 B4–600 series trim fuel tanks. The corrective action is Branch, ANM–116, Transport Airplane
airplanes (without trim tank), all serial checking the electrical bonding points of Directorate, FAA, has the authority to
numbers, certificated in any category, except certain equipment in the center fuel tank for approve AMOCs for this AD, if requested
airplanes on which Airbus Modifications the presence of a blue coat and doing related using the procedures found in 14 CFR 39.19.
12226, 12365, 12490, and 12308 have been investigative and corrective actions if Send information to ATTN: Tom Stafford,
incorporated in production, or Airbus necessary. The related investigative action is Aerospace Engineer, International Branch,
Service Bulletin A300–28–6064, Revision 01, to measure the electrical resistance between ANM–116, Transport Airplane Directorate,
dated April 3, 2007; and A300–28–6068, the equipment and structure, if a blue coat FAA, 1601 Lind Avenue, SW., Renton,
dated July 20, 2005; have been performed in is not present. The corrective action is to Washington 98057–3356; Telephone (425)
service. electrically bond the equipment, if the 227–1622; Fax (425) 227–1149. Before using
(2) Airbus Model A300 B4–600R, A300 C4– measured resistance is greater than 10 any approved AMOC on any airplane to
600R, and A300 F4–600R series airplanes milliohms. The corrective action also which the AMOC applies, notify your
(fitted with a trim tank), all serial numbers, includes installing new bonding leads and appropriate principal inspector (PI) in the
certificated in any category, except airplanes electrical bonding points on certain FAA Flight Standards District Office (FSDO),
on which Airbus Modifications 12226, equipment in the left and right wing fuel or lacking a PI, your local FSDO.
12365, 12490, 12308, 12294, and 12476 have tanks and center fuel tank. (2) Airworthy Product: For any
been incorporated in production, or on requirement in this AD to obtain corrective
which the service bulletins listed in Actions and Compliance actions from a manufacturer or other source,
paragraphs (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of (f) Within 40 months after the effective use these actions if they are FAA-approved.
this AD have been performed in service. date of this AD, unless already done, do the Corrective actions are considered FAA-
(i) Airbus Service Bulletin A300–28–6064, following actions. approved if they are approved by the State
Revision 01, dated April 3, 2007. (1) Remove NSA5516–XXND or NSA5516– of Design Authority (or their delegated
(ii) Airbus Service Bulletin A300–28–6068, XXNJ type P-clips, used in the wing and agent). You are required to assure the product
dated July 20, 2005. center fuel tanks to retain wiring and pipes, is airworthy before it is returned to service.
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(iii) Airbus Service Bulletin A300–28– and replace them by NSA5516–XXNF type P- (3) Reporting Requirements: For any
6077, dated July 25, 2005; or A300–28–6077, clips in accordance with the instructions of reporting requirement in this AD, under the
Revision 01, dated October 26, 2006. Airbus Service Bulletin A300–28–6068, provisions of the Paperwork Reduction Act,
dated July 20, 2005. the Office of Management and Budget (OMB)
Subject (2) Check the electrical bonding points in has approved the information collection
(d) Air Transport Association (ATA) of the center tank and do all applicable related requirements and has assigned OMB Control
America Code 28: Fuel. investigative and corrective actions, and Number 2120–0056.

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63506 Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Proposed Rules

Related Information and the service information listed in Table 1


(h) Refer to MCAI EASA Airworthiness of this AD, for related information.
Directive 2007–0233, dated August 27, 2007,

TABLE 1.—SERVICE INFORMATION


Airbus Service Bulletin Revision level Date

A300–28–6064 ........................................................................................................................................ 01 ..................... April 3, 2007.


A300–28–6068 ........................................................................................................................................ Original ............. July 20, 2005.
A300–28–6077 ........................................................................................................................................ 01 ..................... October 26, 2006.

Issued in Renton, Washington, on ADDRESSES: You may send comments by comments on the overall regulatory,
November 2, 2007. any of the following methods: economic, environmental, and energy
Ali Bahrami, • Federal eRulemaking Portal: Go to aspects of this proposed AD. We will
Manager, Transport Airplane Directorate, http://www.regulations.gov. Follow the consider all comments received by the
Aircraft Certification Service. instructions for submitting comments. closing date and may amend this
[FR Doc. E7–21997 Filed 11–8–07; 8:45 am] • Fax: 202–493–2251. proposed AD because of those
BILLING CODE 4910–13–P • Mail: U.S. Department of comments.
Transportation, Docket Operations, M–
We will post all comments we
30, West Building Ground Floor, Room
receive, without change, to http://
DEPARTMENT OF TRANSPORTATION W12–140, 1200 New Jersey Avenue, SE.,
www.regulations.gov, including any
Washington, DC 20590.
personal information you provide. We
Federal Aviation Administration • Hand Delivery: U.S. Department of
will also post a report summarizing each
Transportation, Docket Operations, M–
14 CFR Part 39 substantive verbal contact we receive
30, West Building Ground Floor, Room
about this proposed AD.
[Docket No. FAA–2007–0171; Directorate W12–140, 1200 New Jersey Avenue, SE.,
Identifier 2007–NM–220–AD] Washington, DC 20590, between 9 a.m. Discussion
and 5 p.m., Monday through Friday,
RIN 2120–AA64 except Federal holidays. On July 19, 2004, we issued AD 2004–
For service information identified in 15–16, amendment 39–13750 (69 FR
Airworthiness Directives; Airbus Model this AD, contact Airbus, 1 Rond Point 45578, July 30, 2004), for certain Airbus
A310 Series Airplanes Maurice Bellonte, 31707 Blagnac Cedex, Model A310 series airplanes. That AD
AGENCY: Federal Aviation France. requires modification of certain wires in
Administration (FAA), Department of the right-hand (RH) wing. That AD
Examining the AD Docket resulted from analysis of wire routing
Transportation (DOT).
ACTION: Notice of proposed rulemaking You may examine the AD docket on that revealed that route 2S of the fuel
(NPRM). the Internet at http:// electrical circuit, located in the RH
www.regulations.gov; or in person at the wing, does not provide adequate
SUMMARY: The FAA proposes to Docket Management Facility between 9 separation of fuel quantity indication
supersede an existing airworthiness a.m. and 5 p.m., Monday through wires from wires carrying 115-volt
directive (AD) that applies to certain Friday, except Federal holidays. The AD alternating current (AC). We issued that
Airbus Model A310 series airplanes. docket contains this proposed AD, the AD to ensure that fuel quantity
The existing AD currently requires regulatory evaluation, any comments indication wires are properly separated
modification of certain wires in the received, and other information. The from wires carrying 115-volt AC.
right-hand (RH) wing. This proposed street address for the Docket Office Improper separation of such wires, in
AD would require further modification (telephone 800–647–5527) is in the the event of wire damage, could lead to
by installing an additional protection ADDRESSES section. Comments will be a short circuit and a possible ignition
sleeve and segregating route 2S in the available in the AD docket shortly after source, which could result in a fire in
RH pylon area. This proposed AD receipt. the airplane.
results from analysis of wire routing that FOR FURTHER INFORMATION CONTACT: Tom Actions Since Existing AD Was Issued
revealed that route 2S of the fuel Stafford, Aerospace Engineer,
electrical circuit, located in the RH International Branch, ANM–116, Since we issued AD 2004–15–16, the
wing, does not provide adequate Transport Airplane Directorate, FAA, European Aviation Safety Agency
separation of fuel quantity indication 1601 Lind Avenue, SW., Renton, (EASA), which is the Technical Agent
wires from wires carrying 115-volt Washington 98057–3356; telephone for the Member States of the European
alternating current (AC). We are (425) 227–1622; fax (425) 227–1149. Community, informed us that additional
proposing this AD to ensure that fuel SUPPLEMENTARY INFORMATION: work is necessary that was not included
quantity indication wires are properly in the Accomplishment Instructions of
separated from wires carrying 115-volt Comments Invited Airbus Service Bulletin A310–28–2148,
AC. Improper separation of such wires, We invite you to send any written dated January 23, 2002; and Revision
in the event of wire damage, could lead relevant data, views, or arguments about 01, dated October 29, 2002. We referred
sroberts on PROD1PC70 with PROPOSALS

to a short circuit and a possible ignition this proposed AD. Send your comments to Airbus Service Bulletin A310–28–
source, which could result in a fire in to an address listed under the 2148, Revision 01, dated October 29,
the airplane. ADDRESSES section. Include ‘‘Docket No. 2002, as the appropriate source of
DATES: We must receive comments on FAA–2007–0171; Directorate Identifier service information for doing the
this proposed AD by December 10, 2007–NM–220–AD’’ at the beginning of modification required by AD 2004–15–
2007. your comments. We specifically invite 16.

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