[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Proposed Rules]
[Pages 34641-34645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12067]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-66-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

[[Page 34642]]


ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain EMBRAER Model EMB-120 series 
airplanes, that would have superseded an existing AD that currently 
requires repetitive visual checks or inspections to verify that the 
flight idle stop system circuit breakers are closed, and functional 
tests to determine if the backup flight idle stop system is operative. 
A supplemental NPRM was issued to require modification of the secondary 
flight idle stop system (SFISS), which would terminate the repetitive 
actions. This supplemental NPRM would remove one airplane from the 
applicability; and would add new inspections and corrective actions if 
necessary. The actions specified by this proposed AD are intended to 
prevent inadvertent or intentional operation with the power levers 
below the flight idle stop during flight for airplanes that are not 
certificated for in-flight operation, which could result in engine 
overspeed and consequent loss of controllability of the airplane.

DATES: Comments must be received by June 10, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-66-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-66-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. 
Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: Scott A. Geddie, Aerospace Engineer, 
Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft Certification 
Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, 
Georgia 30349; telephone (770) 703-6068; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-66-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-66-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain EMBRAER Model EMB-120 series airplanes, was published as a 
first supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on January 16, 2001 (66 FR 3511). That first supplemental NPRM 
proposed to supersede AD 92-16-51, amendment 39-8355 (57 FR 40838, 
September 8, 1992), which is applicable to all EMBRAER Model EMB-120 
series airplanes. It would have continued to require repetitive visual 
checks or inspections to verify that the flight idle stop system 
circuit breakers are closed, and repetitive functional tests to 
determine if the backup flight idle stop system is operative. It also 
would have required modification of the secondary flight idle stop 
system (SFISS), which would terminate the requirements for the 
repetitive actions. That first supplemental NPRM was prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The actions specified by that 
supplemental NPRM are intended to prevent an inoperative backup flight 
idle stop system.

Actions Since Issuance of Previous Proposal

    EMBRAER has issued the following three revised service bulletins. 
The major changes in these revisions are described below:
    Service Bulletin 120-76-0015, Change No. 06, dated October 3, 2000, 
adds Part III to the Accomplishment Instructions to revise the SFISS 
modification procedures by including a new inspection. These procedures 
specify inspecting the attachment of the power control cable end at the 
bellcrank in the left and right nacelles using a mirror, and verifying 
the type of bolt used. If a countersunk-head bolt is found, no further 
action is required. If a hex-head bolt is found, corrective actions 
include inspecting the existing hole in the bellcrank and replacing the 
bolt with a new bolt.
    Service Bulletin 120-76-0018, Change No. 04, dated March 30, 2001, 
corrects the number of work hours required to accomplish the procedures 
specified in Part I and Part II of the Accomplishment Instructions.
    Service Bulletin 120-76-0022, Change No. 01, dated October 9, 2000, 
adds Part IV to the Accomplishment Instructions to include procedures 
for verifying that the correct countersunk-

[[Page 34643]]

head bolt was used to attach the power control cable to the bellcrank, 
and provide additional clarification and corrections. Change No. 02, 
dated February 8, 2001, of the service bulletin includes only editorial 
changes to Figure 6 of the service bulletin.

Comments

    Due consideration has been given to the one comment received in 
response to the first supplemental NPRM:

Request To Extend 18-Month Compliance Time

    The commenter requests that the 18-month compliance time in 
paragraph (d) of the supplemental NPRM be extended significantly 
because of two factors. First, the proposed action adds considerable 
cost to airline operations, especially when considered along with other 
FAA requirements currently being implemented (e.g., modifications to 
the cargo compartment and flight data recorder). Second, the proposed 
action alleviates the safety concern with the flight idle stop system.
    The FAA does not concur with the commenter's request to extend the 
compliance time. We point out that recent service experience indicates 
that the SFISS has proved to be vulnerable to certain maintenance 
failures and has inherent design aspects that reduce the reliability of 
the system. Based on this information, we have determined that the 
increased reliability of the system is essential to the continued 
airworthiness of Model EMB-120 series airplanes. In developing an 
appropriate compliance time for this action, we considered the 
compliance time specified in the Brazilian airworthiness directive (18 
months), the safety implications, parts availability, and normal 
maintenance schedules for timely accomplishment of the modification. In 
consideration of these items, we have determined that 18 months or 
4,000 flight hours, whichever occurs earlier, represents an appropriate 
interval of time allowable wherein SFISS modifications can be 
accomplished during scheduled maintenance intervals for the majority of 
affected operators, and an acceptable level of safety can be 
maintained. No change to this second supplemental NPRM is necessary in 
this regard.

Clarifications Since Issuance of the First Supplemental NPRM

    Operators should note the following clarifications made to this 
supplemental NPRM:
     The unsafe condition of the first supplemental NPRM only 
states that the actions specified by this proposed AD are intended ``to 
prevent an inoperative backup flight idle stop system.'' However, this 
second supplemental NPRM further clarifies and describes the unsafe 
condition.
     The applicability of the first supplemental NPRM specifies 
serial numbers 120004 through 120354 inclusive for Model EMB-120 series 
airplanes. However, because the applicability of the Brazilian 
airworthiness directive does not include serial number 120005, the 
applicability of this second supplemental NPRM also does not include 
serial number 120005.
     The compliance time in paragraph (d)(3) of this second 
supplemental NPRM has been clarified. Although paragraph (d)(3) of the 
first supplemental NPRM specifies ``400 flight hours,'' this second 
supplemental NPRM specifies ``4,000 flight hours.'' The FAA points out 
that it was our intent to specify the same compliance time for 
modifying the SFISS in paragraphs (d)(1) through (d)(4) in the first 
supplemental NPRM. We also point out that this second supplemental NPRM 
includes only paragraphs (d)(1), (d)(2), and (d)(3).

Requirements of This Supplemental NPRM

    This supplemental NPRM would retain the actions required by AD 92-
16-51: repetitive visual checks or inspections to verify that the 
flight idle stop system circuit breakers are closed, and functional 
tests to determine if the backup flight idle stop system is operative. 
This supplemental NPRM also would require modification of the secondary 
flight idle stop system (SFISS), which would terminate the repetitive 
actions. In addition, this supplemental NPRM would remove one airplane 
from the applicability; and would add new inspections and corrective 
actions if necessary.

Differences Between Second Supplemental NPRM and Certain Service 
Bulletins

    Operators should note that, although the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-76-0015, Change No. 06; 
and Service Bulletin 120-76-0018, Change No. 04; specify that the 
manufacturer may be contacted for disposition of certain repair 
conditions, this second supplemental NPRM would require the repair of 
those conditions per a method approved by either the FAA or the 
Departmento de Aviacao Civil (DAC), the airworthiness authority of 
Brazil, (or its delegated agent). In light of the type of repair that 
would be required to address the identified unsafe condition, and in 
consonance with existing bilateral airworthiness agreements, the FAA 
has determined that, for this second supplemental NPRM, a repair 
approved by either the FAA or the DAC would be acceptable for 
compliance with this proposed AD.
    Operators also should note that Figure 10 of previously referenced 
Service Bulletin 120-76-0015 specifies contacting the manufacturer if 
the existing hole in the bellcrank is not a countersunk hole. However, 
this second supplemental NPRM would require operators to contact the 
FAA in that case.

Conclusion

    The FAA has revised this second supplemental NPRM to specify new 
requirements based on new revisions to the previously referenced 
service bulletins. Since these changes expand the scope of the first 
supplemental NPRM, the FAA has determined that it is necessary to 
reopen the comment period to provide additional opportunity for public 
comment.

Cost Impact

    The FAA estimates that 230 EMBRAER Model EMB-120 series airplanes 
of U.S. registry would be affected by this second supplemental NPRM.
    The actions that are currently required by AD 92-16-51 take 
approximately 5 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of that AD on U.S. operators is estimated to be $69,000, or $300 
per airplane, per inspection cycle.
    The approximate cost, at an average labor rate of $60 per work 
hour, for the modifications proposed by this AD are listed in the 
following table:

[[Page 34644]]



                                                 Estimated Costs
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             Service bulletin               Work hours           Parts cost               Cost per airplane
----------------------------------------------------------------------------------------------------------------
120-76-0015:
    Part I...............................            5  $4,376.....................  $4,676
    Part II..............................            3  14,331.....................  14,511
    Part III.............................            1  53.........................  113
----------------------------------------------------------------------------------------------------------------
120-76-0018:
    Part I...............................          130  22,218.....................  30,018
    Part II..............................            1  (average cost varies with    (average cost varies with
                                                         configuration).              configuration)
----------------------------------------------------------------------------------------------------------------
120-76-0022:
    Part I...............................            3  14,456.....................  14,636
    Part II..............................            3  2,465......................  2,645
    Part III.............................            3  14,525.....................  14,705
    Part IV..............................            1  53.........................  113
----------------------------------------------------------------------------------------------------------------

    Therefore, based on the figures included in the table above, the 
cost impact of the modification proposed by this AD on U.S. operators 
is estimated to range from $113 to $30,018 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 39-8355 (57 FR 
40838, September 8, 1992), and by adding a new airworthiness directive 
(AD) to read as follows:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 2000-NM-66-
AD. Supersedes AD 92-16-51, Amendment 39-8355.

    Applicability: Model EMB-120 series airplanes, certificated in 
any category; serial number 120004, and serial numbers 120006 
through 120354 inclusive.

    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)(1) 
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 inadvertent or intentional operation with the power 
levers below the flight idle stop during flight for airplanes that 
are not certificated for in-flight operation, which could result in 
engine overspeed and consequent loss of controllability of the 
airplane; accomplish the following:

Restatement of Certain Requirements of AD 92-16-51

Checks/Inspections

    (a) For all airplanes: Within 5 days after September 23, 1992 
(the effective date of AD 92-16-51, amendment 39-8355), and 
thereafter prior to the first flight of each day until the 
requirements of paragraph (d) of this AD have been accomplished, 
accomplish paragraph (a)(1) or (a)(2) of this AD, as applicable:
    (1) For airplanes on which an inspection window has been 
installed on the left lateral console panel that permits visibility 
of the flight idle stop solenoid circuit breakers: Using an 
appropriate light source, perform a visual check to verify that both 
``FLT IDLE STOP SOL'' circuit breakers CB0582 and CB0583 for engine 
1 and engine 2 are closed.

    Note 2: This check may be performed by a flight crew member.


    Note 3: Instructions for installation of an inspection window 
can be found in EMBRAER Information Bulletin 120-076-0003, dated 
November 19, 1991; or EMBRAER Service Bulletin 120-076-0014, dated 
July 29, 1992.

    (2) For airplanes on which an inspection window has not been 
installed on the left lateral console panel: Perform a visual 
inspection to verify that both ``FLT IDLE STOP SOL'' circuit 
breakers CB0582 and CB0583 for engine 1 and engine 2 are closed.
    (b) As a result of the check or inspection performed in 
accordance with paragraph (a) of this AD: If circuit breakers CB0582 
and CB0583 are not closed, prior to further flight, reset them and 
perform the functional test specified in paragraph (c) of this AD.

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Functional Test

    (c) Within 5 days after September 23, 1992, and thereafter at 
intervals not to exceed 75 hours time-in-service, or immediately 
following any maintenance action where the power levers are moved 
with the airplane on jacks, until the requirements of paragraph (d) 
of this AD have been accomplished, conduct a functional test of the 
backup flight idle stop system for engine 1 and engine 2 by 
performing the following steps:
    (1) Move both power levers to the ``MAX'' position.
    (2) Turn the aircraft power select switch on.
    (3) Open both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and 
CB0286 to simulate in-flight conditions with weight-off-wheels. Wait 
for at least 15 seconds, then move both power levers back toward the 
propeller reverse position with the flight idle gate triggers 
raised. Verify that the power lever for each engine cannot be moved 
below the flight idle position, even though the flight idle gate 
trigger on each power lever is raised.
    (4) If the power lever can be moved below the flight idle 
position, prior to further flight, restore the backup flight idle 
stop system to the configuration specified in EMBRAER 120-076-0009, 
Change No. 4, dated November 1, 1990; and perform a functional test.

    Note 4: If the power lever can be moved below flight idle, this 
indicates that the backup flight idle stop system is inoperative.

    (5) Move both power levers to the ``MAX'' position.
    (6) Close both ``AIR/GROUND SYSTEM'' circuit breakers CB0283 and 
CB0286. Wait for at least 15 seconds, then move both power levers 
back toward the propeller reverse position with the flight idle gate 
triggers raised. Verify that the power lever for each engine can be 
moved below the flight idle position.
    (7) If either or both power levers cannot be moved below the 
flight idle position, prior to further flight, inspect the backup 
flight idle stop system and the flight idle gate system, and 
accomplish either paragraph (c)(7)(i) or (c)(7)(ii) of this AD, as 
applicable:
    (i) If the backup flight idle stop system is failing to 
disengage with weight-on-wheels, prior to further flight, restore 
the system to the configuration specified in EMBRAER Service 
Bulletin 120-076-0009, Change No. 4, dated November 1, 1990.
    (ii) If the flight idle gate system is failing to open even 
though the trigger is raised, prior to further flight, repair in 
accordance with the EMBRAER Model EMB-120 maintenance manual.
    (8) Turn the power select switch off. The functional test is 
completed.

New Requirements of This AD

Terminating Action

    (d) Within 18 months or 4,000 flight hours after the effective 
date of this AD, whichever occurs earlier, modify the secondary 
flight idle stop system (SFISS), as required by paragraph (d)(1), 
(d)(2), or (d)(3) of this AD; as applicable. Accomplishment of the 
modification constitutes terminating action for the requirements of 
this AD.
    (1) For airplanes having serial number 120004, and serial 
numbers 120006 through 120067 inclusive, and 120069 through 120344 
inclusive; as listed in EMBRAER Service Bulletin 120-76-0018, Change 
No. 04, dated March 30, 2001: Accomplish the actions required by 
either paragraph (d)(1)(ii) or (d)(1)(ii) of this AD, as applicable.
    (i) If the actions specified by EMBRAER Service Bulletin 120-76-
0018, Change No. 01, dated September 9, 1999; or Change No. 02, 
dated November 22, 1999; HAVE NOT been accomplished: Modify the 
SFISS per the Accomplishment Instructions of EMBRAER Service 
Bulletin 120-76-0018, Change No. 03, dated May 26, 2000; or Change 
No. 04; or
    (ii) If the actions specified by EMBRAER Service Bulletin 120-
76-0018, Change No. 01; or Change No. 02; HAVE been accomplished: 
Perform additional inspections per Part II of the Accomplishment 
Instructions of EMBRAER Service Bulletin 120-76-0018, Change No. 04.
    (2) For the airplane having serial number 120068: Modify the 
SFISS per the Accomplishment Instructions of EMBRAER Service 
Bulletin 120-76-0015, Change No. 06, dated October 3, 2000.
    (3) For airplanes having serial numbers 120345 through 120354 
inclusive: Modify the SFISS per the Accomplishment Instructions of 
EMBRAER Service Bulletin 120-76-0022, Change No. 01, dated October 
9, 2000; or Change No. 02, dated February 8, 2001.

    Note 5: This AD references the following service information for 
applicability, inspection, and modification information: EMBRAER 
Service Bulletin 120-76-0015, Change No. 06, dated October 3, 2000; 
Service Bulletin 120-76-0018, Change No. 04, dated March 30, 2001; 
and Service Bulletin 120-76-0022, Change No. 01, dated October 9, 
2000; or Change No. 02, dated February 8, 2001. In addition, this AD 
specifies compliance-time requirements beyond those included in 
Brazilian airworthiness directive 90-07-04R4, dated October 4, 1999; 
or the service information. Where there are differences between this 
AD and previously referenced documents, this AD prevails.


    Note 6: Accomplishment of the requirements of paragraph (d) of 
this AD does not remove or otherwise alter the requirement to 
perform the repetitive (400-flight-hour) CAT 8 task checks specified 
by the Maintenance Review Board.

Corrective Actions

    (e) During any visual check or inspection required by this AD, 
if any countersunk-head bolt was NOT used to attach the power 
control cable to the bellcrank, or if any hex-head bolt WAS used to 
attach the cable to the bellcrank: Prior to further flight, repair 
per a method approved by the Manager, Atlanta Aircraft Certification 
Office (ACO), FAA; or the Departmento de Aviacao Civil (or its 
delegated agent).

Alternative Methods of Compliance

    (f)(1) 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, Atlanta ACO. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Atlanta ACO.
    (2) Alternative methods of compliance, approved previously for 
paragraphs (a), (b), and (c) of AD 92-16-51, are considered to be 
approved as alternative methods of compliance with the inspection 
requirements of paragraphs (a), (b), and (c) of this AD. No 
alternative methods of compliance have been approved per AD 92-16-51 
as terminating action for this AD.

    Note 7: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta ACO.

Special Flight Permits

    (g) Special flight permits may be issued per Secs. 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.

    Note 8: The subject of this AD is addressed in Brazilian 
airworthiness directive 90-07-04R4, dated October 4, 1999.


    Issued in Renton, Washington, on May 8, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-12067 Filed 5-14-02; 8:45 am]
BILLING CODE 4910-13-P