[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Rules and Regulations]
[Pages 1529-1533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31031]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1226; Directorate Identifier 2009-NM-149-AD; 
Amendment 39-16164; AD 2008-10-10 R1]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 737-600, -700, 
-700C, -800, and -900 Series Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to certain Model 737-600, -700, -700C, -800, and -900 
series airplanes. That AD currently requires revising the Airworthiness 
Limitations (AWLs) section of the Instructions for Continued 
Airworthiness by incorporating new limitations for fuel tank systems to 
satisfy Special Federal Aviation Regulation No. 88 requirements. That 
AD also requires an initial inspection to phase in certain repetitive 
AWL inspections, and repair if necessary. This AD clarifies the 
intended effect of the AD on spare and on-airplane fuel tank system 
components. This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for ignition 
sources inside fuel tanks caused by latent failures, alterations, 
repairs, or maintenance actions, which, in combination with flammable 
fuel vapors, could result in a fuel tank explosion and consequent loss 
of the airplane.

DATES: This AD is effective January 27, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 27, 
2010.
    On June 12, 2008 (73 FR 25986, May 8, 2008), the Director of the 
Federal Register approved the incorporation by reference of a certain 
other publication listed in the AD.
    We must receive any comments on this AD by February 26, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-

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30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, 
SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, P.O. Box 
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, 
extension 1; fax 206-766-5680; e-mail [email protected]; Internet 
https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Thomas Thorson, Aerospace Engineer, 
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office, 
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6508; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    On April 29, 2008, we issued AD 2008-10-10, Amendment 39-15516 (73 
FR 25986, May 8, 2008). That AD applied to certain Model 737-600, -700, 
-700C, -800, and -900 series airplanes. That AD required revising the 
Airworthiness Limitations (AWLs) section of the Instructions for 
Continued Airworthiness (ICA) by incorporating new limitations for fuel 
tank systems to satisfy Special Federal Aviation Regulation No. 88 
requirements. That AD also requires an initial inspection to phase in 
certain repetitive AWL inspections, and repair if necessary. That AD 
resulted from a design review of the fuel tank systems. The actions 
specified in that AD are intended to prevent the potential for ignition 
sources inside fuel tanks caused by latent failures, alterations, 
repairs, or maintenance actions, which, in combination with flammable 
fuel vapors, could result in a fuel tank explosion and consequent loss 
of the airplane.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the AWLs. But once 
the CDCCLs are incorporated into the AWLs, future maintenance actions 
on components must be done in accordance with those CDCCLs.

Relevant Service Information

    AD 2008-10-10 cites Boeing Temporary Revision 09-020, dated March 
2008, to the Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) 
Document, D626A001-CMR. Since we issued that AD, Boeing has revised 
Section 9 of the referenced service information. We have reviewed the 
revised document. Section 9, Revision September 2009, dated September 
2009, of Boeing 737-600/700/800/900 MPD, Document D626A001-CMR, adds no 
new procedures in regard to fuel tank safety. We have added paragraph 
(l) of this AD to give credit for actions required by paragraphs (g) 
and (h) of this AD that were done before the effective date of this AD 
in accordance with Section 9, Revision September 2009, dated September 
2009, of Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, and the 
following earlier revisions: Revision March 2008, Revision April 2008, 
Revision June 2008, Revision February 2009, Revision March 2009, and 
Revision August 2009.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to revise AD 2008-10-10. This new AD retains the 
requirements of the existing AD, and adds a new note to clarify the 
intended effect of the AD on spare and on-airplane fuel tank system 
components.

Explanation of Additional Changes to AD

    AD 2008-10-10 allowed the use of alternative inspections, 
intervals, or CDCCLs if they are part of a later revision of the Boeing 
737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008. AD 
2008-10-10 also allowed the use of later revisions of the Boeing 737-
600/700/800/900 MPD Document, D626A001-CMR. Those provisions have been 
removed from this AD. Allowing the use of ``a later revision'' or 
``later FAA-approved revisions'' of specific service documents violates 
Office of the Federal Register regulations for approving materials that 
are incorporated by reference. Affected operators, however, may request 
approval to use a later revision or an alternative CDCCL, inspection, 
or interval, that is part of a later revision of the referenced service 
documents as an alternative method of compliance, under the provisions 
of paragraph (m) of this AD.
    We have revised paragraphs (g)(1), (g)(2), (g)(3), and (h) of this 
AD to remove the term ``Revision March 2008 of the MPD,'' which is 
defined in paragraph (f) of this AD. We have provided the full document 
citation throughout this AD to avoid any confusion about which specific 
document is being referenced. However, we have not removed the 
``Service Information Reference'' paragraph from this AD. Because this 
AD revises AD 2008-10-10, we cannot change paragraph references, which 
would adversely affect compliance. Therefore, we have determined that 
leaving paragraph (f) of this AD unchanged is a

[[Page 1531]]

less burdensome approach for operators, while still adhering to 
standard drafting guidance.
    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    There are about 1,960 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs, at 
an average labor rate of $80 per work hour, for U.S. operators to 
comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                  Number of U.S.-
            Action               Work hours          Parts           Cost per       registered      Fleet cost
                                                                     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
AWLs revision................               8  None.............            $640             682        $436,480
Inspection...................               8  None.............             640             682         436,480
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FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1226; Directorate Identifier 2009-NM-149-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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 the 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. 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 part 39 of the Federal Aviation Regulations (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 FAA amends Sec.  39.13 by removing Amendment 39-15516 (73 FR 
25986, May 8, 2008) and adding the following new AD:

2008-10-10 R1 The Boeing Company: Amendment 39-16164. Docket No. 
FAA-2009-1226; Directorate Identifier 2009-NM-149-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective January 27, 
2010.

Affected ADs

    (b) This AD revises AD 2008-10-10, Amendment 39-15516.

Applicability

    (c) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, certificated in any category, 
with an original standard airworthiness certificate or original 
export certificate of airworthiness issued before March 31, 2006.

    Note 1: Airplanes with an original standard airworthiness 
certificate or original export certificate of airworthiness issued 
on or after March 31, 2006, must already be in compliance with the 
airworthiness limitations specified in this AD because those 
limitations were applicable as part of the airworthiness 
certification of those airplanes.


    Note 2: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR

[[Page 1532]]

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 (AMOC) according to paragraph (m) of this AD. 
The request should include a description of changes to the required 
inspections that will ensure the continued operational safety of the 
airplane.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
and consequent loss 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 2008-10-10, With Revised Service 
Information

Service Information Reference

    (f) The term ``Revision March 2008 of the MPD,'' as used in this 
AD, means Boeing Temporary Revision (TR) 09-020, dated March 2008, 
to the Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) 
Document, D626A001-CMR, Revision March 2008.

Revision to Airworthiness Limitations (AWLs) Section

    (g) Before December 16, 2008, revise the AWLs section of the 
Instructions for Continued Airworthiness (ICA) by incorporating into 
the MPD the information in the subsections specified in paragraphs 
(g)(1), (g)(2), and (g)(3) of this AD; except that the initial 
inspection required by paragraph (h) of this AD must be done at the 
applicable compliance time specified in that paragraph.
    (1) Subsection E, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' 
of Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/
800/900 MPD Document, D626A001-CMR, Revision March 2008; or of 
Section 9, Revision September 2009, dated September 2009, of the 
Boeing 737-600/700/800/900 Maintenance Planning Data (MPD) Document, 
D626A001-CMR.
    (2) Subsection F, ``PAGE FORMAT: FUEL SYSTEM AIRWORTHINESS 
LIMITATIONS,'' of Boeing TR 09-020, dated March 2008, to the Boeing 
737-600/700/800/900 MPD Document, D626A001-CMR, Revision March 2008; 
or Section 9, Revision September 2009, dated September 2009, of the 
Boeing 737-600/700/800/900 MPD Document, D626A001-CMR.
    (3) Subsection G, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEM 
AWLs,'' AWLs No. 28-AWL-01 through No. 28-AWL-22 inclusive, of 
Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/
900 MPD Document, D626A001-CMR, Revision March 2008; or Section 9, 
Revision September 2009, dated September 2009, of the Boeing 737-
600/700/800/900 MPD Document, D626A001-CMR. As an optional action, 
AWLs No. 28-AWL-23 and No. 28-AWL-24, as identified in Subsection G 
of Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/
800/900 MPD Document, D626A001-CMR, Revision March 2008; or Section 
9, Revision September 2009, dated September 2009, of the Boeing 737-
600/700/800/900 MPD Document, D626A001-CMR; also may be incorporated 
into the AWLs section of the ICA.

Initial Inspection and Repair if Necessary

    (h) At the later of the compliance times specified in paragraphs 
(h)(1) and (h)(2) of this AD, do a special detailed inspection of 
the lightning shield to ground termination on the out-of-tank fuel 
quantity indication system (FQIS) wiring to verify functional 
integrity, in accordance with AWL No. 28-AWL-03 of Subsection G of 
Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/
900 MPD Document, D626A001-CMR, Revision March 2008; or Section 9, 
Revision September 2009, dated September 2009, of the Boeing 737-
600/700/800/900 MPD Document, D626A001-CMR. If any discrepancy is 
found during the inspection, repair the discrepancy before further 
flight in accordance with AWL No. 28-AWL-03 of Subsection G of 
Boeing TR 09-020, dated March 2008, to the Boeing 737-600/700/800/
900 MPD Document, D626A001-CMR, Revision March 2008; or Section 9, 
Revision September 2009, dated September 2009, of the Boeing 737-
600/700/800/900 MPD Document, D626A001-CMR. Accomplishing AWL No. 
28-AWL-03 as part of an FAA-approved maintenance program before the 
applicable compliance time specified in paragraph (h)(1) or (h)(2) 
of this AD constitutes compliance with the requirements of this 
paragraph.

    Note 3: For the purposes of this AD, a special detailed 
inspection is: ``An intensive examination of a specific item, 
installation, or assembly to detect damage, failure, or 
irregularity. The examination is likely to make extensive use of 
specialized inspection techniques and/or equipment. Intricate 
cleaning and substantial access or disassembly procedure may be 
required.''

    (1) Within 120 months since the date of issuance of the original 
standard airworthiness certification or the date of issuance of the 
original export certificate of airworthiness.
    (2) Within 24 months after June 12, 2008 (the effective date of 
AD 2008-10-10).

No Alternative Inspections, Inspection Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    (i) After accomplishing the actions specified in paragraphs (g) 
and (h) of this AD, no alternative inspections, inspection 
intervals, or CDCCLs may be used unless the inspections, intervals, 
or CDCCLs are approved as an AMOC in accordance with the procedures 
specified in paragraph (m) of this AD.

Credit for Actions Done According to Previous Revisions of the MPD

    (j) Actions done before June 12, 2008, in accordance with the 
following MPDs are acceptable for compliance with the corresponding 
requirements of paragraphs (g) and (h) of this AD: Section 9 of the 
Boeing 737-600/700/700C/700IGW/800/900 MPD Document, D626A001-CMR, 
Revision March 2006; Revision May 2006; Revision October 2006; 
Revision November 2006; or Revision November 2006 R1; or Section 9 
of the Boeing 737-600/700/800/900 MPD Document, D626A001-CMR, 
Revision March 2007; Revision March 2007 R1; Revision March 2007 R2; 
or Revision February 2008.

Terminating Action for AD 2008-06-03, Amendment 39-15415

    (k) Incorporating AWLs No. 28-AWL-21, No. 28-AWL-22, and No. 28-
AWL-24 into the AWLs section of the ICA in accordance with paragraph 
(g) of this AD terminates the action required by paragraph (h)(1) of 
AD 2008-06-03.

New Information

Explanation of CDCCL Requirements

    Note 4: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the AWLs, 
as required by paragraph (g) of this AD, do not need to be reworked 
in accordance with the CDCCLs. However, once the AWLs have been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

Credit for Actions Done According to Previous Revisions of the MPD

    (l) Actions done before the effective date of this AD, in 
accordance with the following MPDs are acceptable for compliance 
with the corresponding requirements of paragraphs (g) and (h) of 
this AD: Section 9 of the Boeing 737-600/700/800/900 MPD Document, 
D626A001-CMR, Revision March 2008; Revision April 2008; Revision 
June 2008; Revision February 2009; Revision March 2009; or Revision 
August 2009.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. Send information to 
ATTN: Thomas Thorson, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356; telephone (425) 917-6508; fax 
(425) 917-6590. Or, e-mail information to [email protected].
    (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 principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal

[[Page 1533]]

inspector, your local FSDO. The AMOC approval letter must 
specifically reference this AD.
    (3) AMOCs approved previously in accordance with AD 2008-10-10 
are approved as AMOCs for the corresponding provisions of this AD.

Material Incorporated by Reference

    (n) You must use Boeing Temporary Revision 09-020, dated March 
2008, to the Boeing 737-600/700/800/900 Maintenance Planning Data 
(MPD) Document D626A001-CMR; or Section 9, Revision September 2009, 
dated September 2009, of the Boeing 737-600/700/800/900 MPD 
Document, D626A001-CMR; to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Section 9, Revision September 2009, 
dated September 2009, of the Boeing 737-600/700/800/900 MPD 
Document, D626A001-CMR, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Boeing Temporary Revision 09-020, 
dated March 2008, to the Boeing 737-600/700/800/900 Maintenance 
Planning Data (MPD) Document, D626A001-CMR, on June 12, 2008 (73 FR 
25986, May 8, 2008).
    (3) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1; fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (5) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-31031 Filed 1-11-10; 8:45 am]
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