[Federal Register Volume 72, Number 191 (Wednesday, October 3, 2007)]
[Rules and Regulations]
[Pages 56262-56265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19208]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27015; Directorate Identifier 2006-NM-169-AD; 
Amendment 39-15215; AD 2007-20-05]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318-111 and A318-112 
Airplanes and Model A319, A320, and A321 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding two existing airworthiness directives 
(ADs). One AD applies to all Airbus Model A319 and A320 airplanes and 
currently requires repetitive ultrasonic inspections to detect fatigue 
cracking in the wing/fuselage joint cruciform fittings, and corrective 
actions if necessary. The other AD applies to all Airbus Model A319, 
A320, and A321 airplanes and currently requires a revision to the 
Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness (ICA). This new AD requires new revisions to 
the ALS of the ICA to incorporate service life limits for certain items 
and inspections to detect fatigue cracking, accidental damage, or 
corrosion in certain structures; and accomplishment of the repetitive 
ultrasonic inspections of the wing/fuselage joint cruciform fittings in 
accordance with the revised ALS of the ICA. This AD also adds airplanes 
to the applicability. This AD results from issuance of new and more 
restrictive service life limits and structural inspections based on 
fatigue testing and in-service findings. We are issuing this AD to 
detect and correct fatigue cracking, accidental damage, or corrosion in 
principal structural elements and to prevent failure of certain life 
limited parts, which could result in reduced structural integrity of 
the airplane.

DATES: This AD becomes effective November 7, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 7, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov 
or in person at the Docket Management Facility office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Operations office (telephone (800) 647-5527) is located on the ground 
floor of the West Building at the DOT street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2004-03-06, amendment 
39-13450 (69 FR 5909, February 9, 2004) and AD 2005-02-09, amendment 
39-13954 (70 FR 3871, January 27, 2005). AD 2004-03-06 applies to all 
Airbus Model A319 and A320 airplanes, and AD 2005-02-09 applies to all 
Airbus Model A319, A320, and A321 airplanes. That NPRM was published in 
the Federal Register on January 26, 2007 (72 FR 3768). That NPRM 
proposed to require new revisions to the Airworthiness Limitations 
section (ALS) of the Instructions for Continued Airworthiness (ICA) to 
incorporate service life limits for certain items and inspections to 
detect fatigue cracking, accidental damage, or corrosion in certain 
structures; and accomplishment of the repetitive ultrasonic inspections 
of the wing/fuselage joint cruciform fittings in accordance with the 
revised ALS of the ICA. That NPRM also proposed to add airplanes to the 
applicability.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Support for the NPRM

    Airbus supports the NPRM. Northwest Airlines and United Airlines 
agree with the intent of the NPRM.

Request To Incorporate Certain Service Information

    The Air Transport Association (ATA), on behalf of its member U.S. 
Airways, requests that we incorporate the following documents into this 
AD: Airbus Operator Information Telex (OIT) 999.0049/06, dated April 
14, 2006; Airbus OIT 999.0055/06/CL, dated May 4, 2006; and the Airbus 
A318/A319/A320/A321 Scheduled Maintenance Data (SMD). The commenters 
further request that we revise this AD to allow operators to use later 
revisions of Airbus A318/A319/A320/A321 Airworthiness Limitation Items, 
Document AI/SE-M4/95A.0252/96 (hereafter referred to as the ``Airbus 
ALI''), as acceptable for compliance with the requirements of this AD. 
As justification for its request, US Airways states that Airbus will be 
revising the SMD and ALI on a regular basis.
    We agree to refer to Airbus ALI, Issue 08, dated March 2006 
(approved by the European Aviation Safety Agency (EASA) on January 4, 
2007); and Issue 09, dated November 2006 (approved by the EASA on May 
21, 2007); as appropriate sources of service information for 
accomplishing the actions required by paragraph (i) of this AD. We have 
also revised paragraph (j)

[[Page 56263]]

of this AD accordingly. In the NPRM, we referred to Airbus ALI, Issue 
7, dated December 2005 (approved by the EASA on February 7, 2006), as 
the appropriate source of service information. Issue 08 of the Airbus 
ALI adds Model A320-215 and -216 airplanes and Model A321-214 airplanes 
to the applicability of certain ALI tasks. Since these airplanes have 
not yet been type certificated in the U.S., incorporating Issue 08 of 
the Airbus ALI into this AD does not expand the scope of the AD. Issue 
09 of the Airbus ALI extends the compliance time for certain ALI tasks 
and adds new tasks for Model A318-121 and -122 airplanes. This AD does 
not apply to Model A318-121 and -122 airplanes, since Issue 09 of the 
Airbus ALI was approved as part of the type certification basis for the 
Model A318-121 and -122 airplanes. Therefore, incorporating Issue 09 of 
the Airbus ALI into this AD does not expand the scope of the AD.
    We do not agree to allow the use of future revisions to the Airbus 
ALI because we are prohibited from referring to documents that do not 
yet exist. Additionally, we do not agree to refer to the other service 
information requested by the commenters, since this AD only mandates 
incorporation of Issue 7, 08, or 09 of the Airbus ALI and Sub-parts 1-2 
and 1-3 of Airbus A318/A319/A320/A321 ALS Part 1--Safe Life 
Airworthiness Limitation Items, dated February 28, 2006.

Request To Extend Grace Period

    United Airlines requests that, if ALI Tasks 552007-01-1 and 552007-
01-2 are required, we add an additional grace period for accomplishing 
these tasks. As justification, United Airlines states that a longer 
grace period is needed to account for the development of new tooling or 
a non-destructive inspection method that could produce more conclusive 
findings than the current inspection method. United Airlines states 
that it has discussed this subject with Airbus, and that Airbus and the 
EASA are reviewing the matter. United Airlines further states that 
Airbus has not provided allowable damage limits in Chapter 55-21-11, 
page series 101, of the Airbus Structural Repair Manual (SRM) for 
acceptable findings, which would permit proceeding without repair until 
the next inspection. United Airlines believes that Airbus is pursuing 
such relief; however, the timing is unknown.
    We agree to extend the grace period for accomplishing ALI Task 
552007-01-1 from 20 months to 40 months, in accordance with Issue 09 of 
the Airbus ALI. As discussed previously, we have revised paragraphs (i) 
and (j) of this AD to refer to Issue 09 of the Airbus ALI. However, we 
do not agree to extend the grace period for ALI Task 552007-01-2. The 
commenter has not recommended a specific amount of time for extending 
the compliance time, or provided data showing that an extension in the 
compliance time would provide an acceptable level of safety. If data 
are submitted to substantiate that such an adjustment would provide an 
acceptable level of safety, under the provisions of paragraph (l) of 
this AD, we might approve the request for an adjustment to the 
compliance time. Further, if the EASA issues a new airworthiness 
directive to extend the compliance time for these tasks or to revise 
the task instructions, we will consider further rulemaking. We have not 
revised this AD in this regard.

Request To Exclude Certain ALI Tasks

    The ATA, on behalf of its member United Airlines, and Northwest 
Airlines (NWA) request that we exclude ALI Tasks 552007-01-1 and 
552007-01-2 from the requirements of this AD. These ALI tasks involve 
thermographic inspections to detect the presence of water in the carbon 
fiber composite structure of the elevator control surfaces. United 
Airlines states that, based on inspections it has conducted, this 
method of inspection has not provided conclusive evidence of water 
ingression; its findings were limited to manufacturing defects. United 
Airlines also states that the inspection process is questionable, and 
that there is no effective non-destructive verification tool currently 
available to validate the presence of water. United Airlines asserts 
that the current process is more destructive to the elevator, as the 
skins and core in the area were removed and subsequently repaired.
    United Airlines also states that these ALI tasks were incorporated 
into the Airbus ALI without MSG-3 Analysis review by the Industry 
Structures Working Group. United Airlines states that composite 
structures are not subject to fatigue-based analysis and, therefore, do 
not fit into the Airbus ALI. United Airlines also states that, to date, 
it has not identified any cases of delamination on the elevators 
inspected by the same techniques in accordance with AD 2002-18-01 and 
the ALI. United Airlines further states that Airbus has not reported 
any in-service incidents resulting from elevator aerodynamic 
limitations.
    NWA states that the tasks should be required by an AD-mandated 
service bulletin instead of including the tasks in the Airbus ALI. NWA 
asserts that the elevator water ingression resulted from a design 
problem that would more appropriately be managed through the service 
bulletin process. NWA states that including the tasks in the ALI 
document diminishes visibility of the unsafe condition and avoids 
coordination between the manufacturer and operators in identifying the 
scope and corrective actions for the unsafe condition. NWA also states 
that including the tasks into the ALI document increases the risk of 
record retention and compliance issues. NWA further states that 
inclusion of non-fatigue-based inspections for easily removable parts 
into the Airbus ALI could potentially change NWA's maintenance program. 
NWA asserts that safety items of this complexity demand rigorous and 
thorough review prior to implementation, which can best be achieved 
through the airworthiness concern coordination process that has been 
successfully used for years by the industry.
    We do not agree to exclude ALI Tasks 552007-01-1 and 552007-01-2 
from the requirements of this AD. The commenters have not provided any 
data to indicate that these inspections are not effective, or that 
there is no unsafe condition. In addition, section 25.571 of the 
Federal Aviation Regulations (14 CFR 25.571) does not differentiate 
between removable and non-removable structures, and tracking elevator 
time would be required regardless of whether the problem was addressed 
by a service bulletin or the Airbus ALI. Although we agree that the 
ALIs primarily deal with fatigue issues, FAA Advisory Circular 20-107A, 
``Composite Aircraft Structure,'' dated April 25, 1984, states that the 
effects of temperature, humidity, and other environmental factors that 
might result in material property degradation should be addressed in 
the damage tolerance evaluation. Water ingress in the elevator 
structure is clearly an environmental factor that could result in an 
unsafe condition. Operators were given due process by publication of 
the NPRM and the Airbus ALI. Therefore, we have not changed this AD in 
this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been received, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

[[Page 56264]]

Costs of Compliance

    The following table provides the estimated costs, at an average 
labor rate of $80 per hour, for U.S. operators to comply with this AD.

                                                 Estimated Costs
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                                                                                  Number of U.S.-
                         Action                            Work      Cost per       registered      Fleet cost
                                                          hours      airplane        airplanes
----------------------------------------------------------------------------------------------------------------
ALS revision(required by AD 2005-02-09)................        1             $80             720         $57,600
ALS revision (new action)..............................        1              80             720          57,600
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Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-13450 (69 FR 5909, February 9, 2004) and 
amendment 39-13954 (70 FR 3871, January 27, 2005) and by adding the 
following new airworthiness directive (AD):

2007-20-05 Airbus: Amendment 39-15215. Docket No. FAA-2007-27015; 
Directorate Identifier 2006-NM-169-AD.

Effective Date

    (a) This AD becomes effective November 7, 2007.

Affected ADs

    (b) This AD supersedes AD 2004-03-06 and AD 2005-02-09.

Applicability

    (c) This AD applies to all Airbus Model A318-111, A318-112, 
A319, A320, and A321 airplanes, certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (l) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25.1529-1.

Unsafe Condition

    (d) This AD results from issuance of new and more restrictive 
service life limits and structural inspections based on fatigue 
testing and in-service findings. We are issuing this AD to detect 
and correct fatigue cracking, accidental damage, or corrosion in 
principal structural elements and to prevent failure of certain life 
limited parts, which could result in reduced structural integrity of 
the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of Requirements of AD 2005-02-09

Revise Airworthiness Limitations Section (ALS)

    (f) For all Model A319, A320, and A321 airplanes: Within 6 
months after March 3, 2005 (the effective date of AD 2005-02-09), 
revise the ALS of the Instructions for Continued Airworthiness in 
accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
Direction G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) (or its 
delegated agent); or the European Aviation Safety Agency (EASA) (or 
its delegated agent). One approved method of compliance is 
incorporating Airbus A318/A319/A320/A321 Maintenance Planning 
Document (MPD), sub-Section 9-1-2, ``Life Limited Parts,'' and sub-
Section 9-1-3, ``Demonstrated Fatigue Life Parts,'' both Revision 
06, both dated June 13, 2003.

    Note 2: Airbus Service Information Letter 32-098, dated December 
22, 2003, may be used as a source of service information for 
managing life limited and demonstrated fatigue life parts that were 
not previously tracked.

    (g) For all Model A319, A320, and A321 airplanes; except Model 
A319 airplanes on which Airbus Modifications 28238, 28162, and 28342 
were incorporated during production: Within 6 months after March 3, 
2005, revise the ALS of the Instructions for Continued Airworthiness 
in accordance with a method approved by the Manager, International 
Branch, ANM-116; or the

[[Page 56265]]

DGAC (or its delegated agent); or the EASA (or its delegated agent). 
One approved method of compliance is incorporating both Airbus A318/
A319/A320/A321 MPD, sub-Section 9-2, ``Airworthiness Limitation 
Items,'' Revision 06, dated June 13, 2003; and Airbus A318/A319/
A320/A321 Airworthiness Limitation Items (ALIs), Document AI/SE-M4/
95A.0252/96, Issue 6, dated May 15, 2003 (approved by the DGAC on 
July 15, 2003).

New Requirements of This AD

Revise ALS To Incorporate Safe Life ALIs

    (h) For all airplanes: Within 3 months after the effective date 
of this AD, revise the ALS of the Instructions for Continued 
Airworthiness to incorporate Sub-part 1-2, ``Life Limits,'' and Sub-
part 1-3, ``Demonstrated Fatigue Lives,'' of Airbus A318/A319/A320/
A321 ALS Part 1--Safe Life Airworthiness Limitation Items, dated 
February 28, 2006 (hereafter referred to as ``ALS Part 1''). 
Accomplish the actions in ALS Part 1 at the times specified in ALS 
Part 1, except as provided by paragraph (j) of this AD. For Model 
A319, A320, and A321 airplanes, accomplishing the revision in this 
paragraph terminates the requirements of paragraph (f) of this AD.

Revise ALS To Incorporate Damage-Tolerant ALIs

    (i) For all airplanes, except Model A319 airplanes on which 
Airbus Modifications 28238, 28162, and 28342 have been incorporated 
in production: Within 14 days after the effective date of this AD, 
revise the ALS of the Instructions for Continued Airworthiness to 
incorporate Airbus A318/A319/A320/A321 Airworthiness Limitation 
Items, Document AI/SE-M4/95A.0252/96, Issue 7, dated December 2005 
(approved by the EASA on February 7, 2006) (hereafter referred to as 
``Issue 7 of the ALI''); Issue 08, dated March 2006 (approved by the 
EASA on January 4, 2007) (hereafter referred to as ``Issue 08 of the 
ALI''); or Issue 09, dated November 2006 (approved by the EASA on 
May 21, 2007) (hereafter referred to as ``Issue 09 of the ALI''). 
Accomplish the actions in Issue 7, Issue 08, or Issue 09 of the ALI 
at the times specified in Issue 7, Issue 08, or Issue 09 of the ALI, 
as applicable, except as provided by paragraph (j) of this AD. For 
Model A319, A320, and A321 airplanes, accomplishing the revision in 
this paragraph terminates the requirements of paragraph (g) of this 
AD.

Grace Period for New or More Restrictive Actions

    (j) For any new or more restrictive life limit introduced with 
ALS Part 1, replace the part at the time specified in ALS Part 1 or 
within 6 months after the effective date of this AD, whichever is 
later. For any new or more restrictive inspection introduced with 
Issue 7, Issue 08, or Issue 09 of the ALI, do the inspection at the 
time specified in Issue 7, Issue 08, or Issue 09 of the ALI, as 
applicable, or within 6 months after the effective date of this AD, 
whichever is later.

No Alternative Life Limits, Inspections, or Inspection Intervals

    (k) After the actions specified in paragraphs (h) and (i) of 
this AD have been accomplished, no alternative life limits, 
inspections, or inspection intervals may be used, except as provided 
by paragraphs (j) and (l) of this AD.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (m) EASA airworthiness directive 2006-0162, dated June 8, 2006; 
and EASA airworthiness direction 2006-0165, dated June 13, 2006; 
also address the subject of this AD.

Material Incorporated by Reference

    (n) You must use the service information identified in Table 1 
of this AD, as applicable, to perform the actions that are required 
by this AD, unless the AD specifies otherwise.

              Table 1.--Material Incorporated by Reference
------------------------------------------------------------------------
                               Revision/issue
     Service information           level                  Date
------------------------------------------------------------------------
Airbus A318/A319/A320/A321    Revision 00....  February 28, 2006.
 ALS Part 1--Safe Life
 Airworthiness Limitation
 Items.
Airbus A318/A319/A320/A321    Issue 7........  December 2005.
 Airworthiness Limitation
 Items, Document AI/SE-M4/
 95A.0252/96.
Airbus A318/A319/A320/A321    Issue 08.......  March 2006.
 Airworthiness Limitation
 Items, Document AI/SE-M4/
 95A.0252/96.
Airbus A318/A319/A320/A321    Issue 09.......  November 2006.
 Airworthiness Limitation
 Items, Document AI/SE-M4/
 95A.0252/96.
------------------------------------------------------------------------

(Issue 7 of Airbus A318/A319/A320/A321 Airworthiness Limitation 
Items, Document AI/SE-M4/95A.0252/96, contains the following errors: 
The Summary of Changes is comprised of 11 pages, which are all 
identified as Page 2--LEP of Section LEP instead of Page 1--SOC 
[through] Page 11--SOC of Section SOC; the List of Effective Pages 
only refers to Page 1--SOC for the Summary of Changes. The List of 
Effective Pages is comprised of two pages, and both of those pages 
are identified as Page 2--LEP. The first page of Section 2 is 
identified as Page 6 of Section 1 and is not referred to in the List 
of Effective Pages. Issue 08 of Airbus A318/A319/A320/A321 
Airworthiness Limitation Items, Document AI/SE-M4/95A.0252/96, 
contains the following errors: Pages 3--ROR and 2--SOC are not 
referred to in the List of Effective Pages. The List of Effective 
Pages are identified as Pages 1--SOC and 2--SOC, instead of 1--LEP 
and 2--LEP. The first page of Section 2 is identified as Page 6 of 
Section 1 and is not referred to in the List of Effective Pages.) 
The Director of the Federal Register approved the incorporation by 
reference of these documents in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France, for a copy of this service information. You 
may review copies at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington; or at the National Archives 
and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-19208 Filed 10-2-07; 8:45 am]
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