[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Rules and Regulations]
[Pages 44667-44670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18038]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-228-AD; Amendment 39-11820; AD 2000-14-10]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10, -15, 
-30, and -40 SeriesAirplanes; Model MD-10-10F and MD-10-30F Series 
Airplanes; and KC-10A (Military) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain McDonnell Douglas Model DC-10 series 
airplanes and KC-10A (military) airplanes, that currently requires 
repetitive inspections to detect failure of the attachment fasteners 
located in the banjo No. 4 fitting of the vertical stabilizer. That AD 
also requires a one-time inspection to detect cracking of the flanges 
and bolt holes of the banjo No. 4 fitting, and repair or replacement of 
the attachment fasteners with new, improved fasteners. This amendment 
adds a new one-time inspection to determine whether certain fasteners 
are installed in the banjo No. 4 fitting of the vertical stabilizer, 
and follow-on actions, if necessary. This amendment is prompted by 
reports of failure of certain fasteners installed in the banjo No. 4 
fitting of the vertical stabilizer. The actions specified by this AD 
are intended to prevent cracking of the attachment fasteners of the 
vertical stabilizer, which could result in loss of fail-safe capability 
of the vertical stabilizer and reduced controllability of the airplane.

DATES: Effective August 23, 2000.
    The incorporation by reference of McDonnell Douglas Service 
Bulletin DC10-55-023, Revision 02, dated October 30, 1996; and 
McDonnell Douglas Service Bulletin DC10-55-023, Revision 03, dated 
March 25, 1998; as listed in the regulations, is approved by the 
Director of the Federal Register as of August 23, 2000.
    The incorporation by reference of McDonnell Douglas DC-10 Service 
Bulletin 55-23, dated December 17, 1992; and McDonnell Douglas DC-10 
Service Bulletin 55-23, Revision 1, dated December 17, 1993; as listed 
in the regulations, was approved previously by the Director of the 
Federal Register as of April 24, 1997 (61 FR 12015, March 25, 1996).

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Technical Publications Business Administration, Dept. C1-L51 (2-60). 
This information may be examined at the Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Transport Airplane Directorate, 
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California; or at the Office of the Federal

[[Page 44668]]

Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ron Atmur, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California 90712-4137; telephone (562) 627-5224; fax (562) 
627-5210.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 96-07-01, 
amendment 39-9549 (61 FR 12015, March 25, 1996), which is applicable to 
certain McDonnell Douglas Model DC-10-10, -15, -30, and -40 series 
airplanes, and KC-10A (military) airplanes, was published as a 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on April 11, 2000 (65 FR 19350). The action proposed to 
continue to require repetitive inspections to detect any failure of the 
attachment fasteners located in the banjo No. 4 fitting of the vertical 
stabilizer, a one-time inspection to detect cracking of the flanges and 
bolt holes of the banjo No. 4 fitting, and repair or replacement of the 
attachment fasteners with new, improved fasteners. The action also 
proposed to add a new one-time inspection to determine whether certain 
fasteners are installed in the banjo No. 4 fitting of the vertical 
stabilizer, and follow-on actions, if necessary.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Support for the Proposed AD

    Two commenters support the proposed AD.

Request To Eliminate a Certain Inspection Requirement for Certain 
Airplanes

    One commenter requests that the FAA further clarify the 
requirements of paragraph (b)(2) of the proposed AD. Specifically, the 
commenter requests that, for airplanes that have repairs previously 
installed in accordance with paragraph (c)(3)(i) of the proposed AD, 
the requirement to accomplish an eddy current surface inspection of the 
forward and aft flanges be removed. The commenter states that paragraph 
(c)(3)(i) of the proposed AD requires the actions specified in 
paragraph (b) of the proposed AD to be accomplished on any fastener 
hole that has part number (P/N) S4931917-8Y fasteners installed. 
Paragraph (b) of the proposed AD requires an eddy current surface 
inspection to detect cracking of the forward and aft flanges of the 
banjo No. 4 fitting. The commenter contends that some airplanes will 
have repairs previously installed in accordance with paragraph (b)(2) 
of the proposed AD. Such repairs would prevent accomplishment of the 
eddy current inspection required by paragraph (b) of the proposed AD.
    The FAA concurs. The FAA finds that, for airplanes on which the 
repair required by paragraph (b)(2) of the AD has been accomplished 
prior to the effective date of this AD, it is not possible to 
accomplish the eddy current surface inspection to detect cracking of 
the forward and aft flanges required by paragraph (b) of the AD. 
However, it is possible to accomplish the eddy current bolt hole 
inspection of the bolt holes of the banjo No. 4 fitting required by 
paragraph (b) of the AD. The FAA also finds that it is not likely that 
cracking would develop in the repaired area between December 17, 1992 
(the issue date of McDonnell Douglas Service Bulletin 55-23, which is 
referenced in the AD as a source of service information), and April 24, 
1996 (the effective date of AD 96-07-01 for accomplishing the 
inspection of the flanges), and during the compliance time [i.e., 
within 5 years after April 24, 1996, or within 1,500 landings from the 
inspection required by paragraph (c)(3) of this AD] for accomplishing 
the installation of P/N S4931917-8Y Hi-Lok fasteners. Therefore, the 
FAA has revised paragraph (c)(3)(i)(B) of the final rule to provide an 
exception for the subject airplanes for accomplishing the requirements 
of paragraph (b) of the AD. A new paragraph (d) has also been added to 
the final rule.

Explanation of Change to the Applicability of the Proposed AD

    On May 9, 2000 (i.e., after issuance of the supplemental NPRM), the 
FAA issued a Type Certificate (TC) for McDonnell Douglas Model MD-10-
10F and MD-10-30F series airplanes. Model MD-10 series airplanes are 
Model DC-10 series airplanes that have been modified with an Advanced 
cockpit. The banjo No. 4 fitting installed on Model MD-10-10F and MD-
10-30F series airplanes (before or after the modifications necessary to 
meet the type design of a Model MD-10 series airplane) are identical to 
those on the affected Model DC-10-10, -15, -30, and -40 series 
airplanes, and KC-10A (military) airplanes. Therefore, all of these 
airplanes may be subject to the same unsafe condition. In addition, the 
manufacturer's fuselage number and factory serial number are not 
changed during the conversion from a Model DC-10 to Model MD-10. The 
FAA finds that Model DC-10-10F and MD-10-30F series airplanes were not 
specifically identified by model in the applicability of the 
supplemental NPRM; however, they were identified by manufacturer's 
fuselage numbers in McDonnell Douglas DC-10 Service Bulletin 55-23, 
Revision 1, dated December 17, 1993 (which was referenced in the 
applicability statement of the AD for determining the specific affected 
airplanes). Therefore, the FAA has revised the applicability throughout 
the final rule to include Model MD-10-10F and MD-10-30F series 
airplanes.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 420 Model DC-10-10, -15, -30, and -40 
series airplanes,Model MD-10-10F and MD-10-30F series airplanes, and 
KC-10A (military) airplanes of the affected design in the worldwide 
fleet. The FAA estimates that 242 airplanes of U.S. registry will be 
affected by this AD.
    Since the issuance of AD 96-07-01, the manufacturer has revised its 
estimate of the work hours necessary to perform the actions that are 
currently required by that AD. McDonnell Douglas Service Bulletin DC10-
55-023, Revision 03, reflects the manufacturer's revised estimates; and 
the cost information, below, also has been revised to refer to the new 
estimates.
    The visual inspection that is currently required by AD 96-07-01, 
and retained in this AD, takes approximately 1 work hour per airplane 
to accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the visual inspection currently 
required by that AD on U.S. operators is estimated to be $14,520, or 
$60 per airplane, per inspection cycle.
    The eddy current inspection that is currently required by AD 96-07-
01, and retained in this AD, takes approximately 4 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the eddy current inspection 
currently required by

[[Page 44669]]

that AD on U.S. operators is estimated to be $58,080, or $240 per 
airplane.
    The replacement of the 12 attachment fasteners of the banjo No. 4 
fitting that is currently required by AD 96-07-01, and retained in this 
AD, takes approximately 14 work hours per airplane to accomplish, at an 
average labor rate of $60 per work hour. Required parts cost 
approximately $250 per airplane. Based on these figures, the cost 
impact of the replacement currently required by that AD on U.S. 
operators is estimated to be $263,780, or $1,090 per airplane.
    The new inspection that is required by this AD action will take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the inspection required by this AD on U.S. operators is 
estimated to be $14,520, or $60 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.
    Should an operator that has already completed the replacement of 
the attachment fasteners of the banjo No. 4 fitting in accordance with 
AD 96-07-01 be required to repeat the replacement, it will take 
approximately 14 additional work hours, at an average labor rate of $60 
per work hour. Additional parts will cost $150 per airplane. Based on 
these figures, the cost impact of any necessary repetition of the 
replacement is estimated to be $990 per airplane.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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); and (3) 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. Section 39.13 is amended by removing amendment 39-9549 (61 FR 
12015, March 25, 1996), and by adding a new airworthiness directive 
(AD), amendment 39-11820, to read as follows:

2000-14-10  McDonnell Douglas: Amendment 39-11820. Docket 98-NM-228-
AD. Supersedes AD 96-07-01, Amendment 39-9549.

    Applicability: Model DC-10-10, -15, -30, and -40 series 
airplanes, Model MD-10-10F and MD-10-30F series airplanes, and KC-
10A (military) airplanes; as listed in McDonnell Douglas DC-10 
Service Bulletin 55-23, Revision 1, dated December 17, 1993; 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (f) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent cracking of the attachment fasteners of the vertical 
stabilizer, which could result in loss of fail-safe capability of 
the vertical stabilizer and reduced controllability of the airplane, 
accomplish the following:

External Visual Inspection

    (a) Except as required by paragraph (c)(3) of this AD, within 
1,500 landings after April 24, 1996 (the effective date of AD 96-07-
01, amendment 39-9549): Perform an external visual inspection, using 
a minimum 5X power magnifying glass, to detect any failure of the 12 
attachment fasteners located in the banjo No. 4 fitting of the 
vertical stabilizer (as specified in McDonnell Douglas DC-10 Service 
Bulletin 55-23, Revision 1, dated December 17, 1993; or McDonnell 
Douglas Service Bulletin DC10-55-023, Revision 02, dated October 30, 
1996, or Revision 03, dated March 25, 1998). Perform this inspection 
in accordance with procedures specified in McDonnell Douglas 
Nondestructive Testing Manual, Chapter 20-10-00, or McDonnell 
Douglas Nondestructive Testing Standard Practice Manual, Part 09.

No Failure Condition: Repetitive Inspections

    (1) If no failure is detected, repeat the external visual 
inspection thereafter at intervals not to exceed 1,500 landings 
until the requirements of paragraph (b) of this AD are accomplished.

Any Failure Condition: Corrective Actions

    (2) If any failure is detected, prior to further flight, 
accomplish the requirements of paragraph (b) of this AD.

Eddy Current Surface Inspection and Eddy Current Bolt Hole Inspection

    (b) Except as required by paragraphs (a)(2) and (c)(3)(ii) of 
this AD, within 5 years after April 24, 1996: Perform an eddy 
current surface inspection to detect cracking of the forward and aft 
flanges; and an eddy current bolt hole inspection of the bolt holes 
of the banjo No. 4 fitting; in accordance with McDonnell Douglas DC-
10 Service Bulletin 55-23, Revision 1, dated December 17, 1993; or 
McDonnell Douglas Service Bulletin DC10-55-023, Revision 02, dated 
October 30, 1996, or Revision 03, dated March 25, 1998.

    Note 2: Paragraph (b) of this AD does not require that eddy 
current bolt hole inspections be accomplished for the bolt holes of 
the banjo No. 4 fitting if the attachment fasteners were replaced 
prior to April 24, 1996, in accordance with McDonnell Douglas DC-10 
Service Bulletin 55-23, dated December 17, 1992.

No Cracking Condition: Replacement

    (1) If no cracking is detected, prior to further flight, replace 
the 12 attachment fasteners located on the banjo No. 4 fitting with 
new, improved attachment fasteners, in accordance with McDonnell 
Douglas DC-10 Service Bulletin 55-23, dated December 17, 1992, or 
Revision 1, dated December 17, 1993; or McDonnell Douglas Service 
Bulletin DC10-55-023, Revision 02, dated October 30, 1996, or 
Revision 03, dated March 25, 1998. After the effective date of this 
AD, only Revision 03 of the service bulletin shall be used.
    (i) Accomplishment of the replacement in accordance with the 
original issue of the

[[Page 44670]]

service bulletin constitutes terminating action for the requirements 
of paragraph (a) of this AD, provided that the eddy current surface 
inspection of the forward and aft flanges is accomplished in 
accordance with McDonnell Douglas DC-10 Service Bulletin 55-23, 
Revision 1, dated December 17, 1993; or McDonnell Douglas Service 
Bulletin DC10-55-023, Revision 02, dated October 30, 1996, or 
Revision 03, dated March 25, 1998.
    (ii) Accomplishment of the replacement in accordance with 
McDonnell Douglas DC-10 Service Bulletin 55-23, Revision 1, dated 
December 17, 1993; or McDonnell Douglas Service Bulletin DC10-55-
023, Revision 02, dated October 30, 1996, or Revision 03, dated 
March 25, 1998; constitutes terminating action for the requirements 
of paragraph (a) of this AD, provided that the eddy current surface 
inspection of the forward and aft flanges, and the eddy current bolt 
hole inspection of the bolt holes of the banjo No. 4 fitting, are 
accomplished in accordance with McDonnell Douglas DC-10 Service 
Bulletin 55-23, Revision 1, or McDonnell Douglas Service Bulletin 
DC10-55-023, Revision 02, or Revision 03.

Any Cracking Condition: Repair

    (2) If any cracking is detected, prior to further flight, repair 
either in accordance with Figure 6 or Figure 7, as applicable, of 
Chapter 55-20-00, Volume 1, of the DC-10 Structural Repair Manual; 
or in accordance with a method approved by the Manager, Los Angeles 
Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate.

One-Time Detailed Visual Inspection and Follow-On Actions, If Necessary

    (c) For airplanes that have not accomplished the requirements of 
paragraph (b) in accordance with McDonnell Douglas Service Bulletin 
DC10-55-023, Revision 03, dated March 25, 1998: Within 1,500 
landings after the effective date of this AD, perform a one-time 
detailed visual inspection to determine whether second oversize 
fasteners having part number (P/N) S4931917-8Y are installed in the 
banjo No. 4 fitting of the vertical stabilizer.

    Note 3: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

    (1) If second oversize fasteners having P/N S4931917-8Y are not 
installed, and the actions required by paragraph (b) of this AD have 
been accomplished, no further action is required by this AD.
    (2) If second oversize fasteners having P/N S4931917-8Y are not 
installed, and the actions required by paragraph (b) of this AD have 
not been accomplished: Within 1,500 landings after the last 
inspection performed in accordance with paragraph (a) of this AD, 
repeat that inspection, and perform the follow-on actions specified 
by paragraph (a) of this AD.
    (3) If second oversize fasteners having P/N S4931917-8Y are 
installed, prior to further flight, perform an external visual 
inspection to detect any failure of the 12 attachment fasteners 
located in the banjo No. 4 fitting of the vertical stabilizer in 
accordance with paragraph (a) of this AD.
    (i) If no failure is detected, accomplish the actions specified 
in paragraph (c)(3)(i)(A) and (c)(3)(i)(B) of this AD.
    (A) For any hole that has a P/N S4931917-8Y fastener installed: 
Repeat the external visual inspection thereafter at intervals not to 
exceed 1,500 landings until the requirements of paragraph (b) of 
this AD are accomplished.
    (B) For any hole that has a P/N S4931917-8Y fastener installed: 
Within 5 years after April 24, 1996, or within 1,500 landings from 
the inspection required by paragraph (c)(3) of this AD, whichever 
occurs later, accomplish the requirements of paragraph (b) of this 
AD, except as provided in paragraph (d) of this AD.
    (ii) If any failure is detected, prior to further flight, 
accomplish the requirements of paragraph (b) of this AD for the 
failed fastener and its associated fastener hole only.
    (d) For airplanes on which the repair required by paragraph 
(b)(2) of this AD has been accomplished prior to the effective date 
of this AD to comply with paragraph (c)(3)(i)(B) of this AD, 
accomplish only the eddy current bolt hole inspection of the bolt 
holes of the banjo No. 4 fitting required by paragraph (b) of this 
AD.

Spares

    (e) As of the effective date of this AD, no person shall install 
a second oversize fastener having P/N S4931917-8Y in the banjo No. 4 
fitting of the vertical stabilizer on any airplane.

Alternative Methods of Compliance

    (f) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permits

    (g) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (h) Except as provided by paragraphs (a), (b)(2), and (c) of 
this AD, the actions shall be done in accordance with McDonnell 
Douglas DC-10 Service Bulletin 55-23, dated December 17, 1992; 
McDonnell Douglas DC-10 Service Bulletin 55-23, Revision 1, dated 
December 17, 1993; McDonnell Douglas Service Bulletin DC10-55-023, 
Revision 02, dated October 30, 1996; or McDonnell Douglas Service 
Bulletin DC10-55-023, Revision 03, dated March 25, 1998; as 
applicable.
    (1) The incorporation by reference of McDonnell Douglas Service 
Bulletin DC10-55-023, Revision 02, dated October 30, 1996; and 
McDonnell Douglas Service Bulletin DC10-55-023, Revision 03, dated 
March 25, 1998; is approved by the Director of the Federal Register 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of McDonnell Douglas DC-10 
Service Bulletin 55-23, dated December 17, 1992; and McDonnell 
Douglas DC-10 Service Bulletin 55-23, Revision 1, dated December 17, 
1993; was approved previously by the Director of the Federal 
Register as of April 24, 1996 (61 FR 12015, March 25, 1996).
    (3) Copies may be obtained from Boeing Commercial Aircraft 
Group, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, 
California 90846, Attention: Technical Publications Business 
Administration, Dept. C1-L51 (2-60). Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Transport Airplane Directorate, Los 
Angeles Aircraft Certification Office, 3960 Paramount Boulevard, 
Lakewood, California; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

Effective Date

    (i) This amendment becomes effective on August 23, 2000.

    Issued in Renton, Washington, on July 11, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-18038 Filed 7-18-00; 8:45 am]
BILLING CODE 4910-13-U