[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Proposed Rules]
[Pages 22363-22366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08782]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / 
Proposed Rules  

[[Page 22363]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0340; Project Identifier MCAI-2020-01638-R]
RIN 2120-AA64


Airworthiness Directives; Airbus Helicopters (Type Certificate 
Previously Held by Eurocopter France) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2003-25-01 which applies to certain Eurocopter France (now Airbus 
Helicopters) Models AS332C, AS332C1, AS332L, AS332L1, AS350B, AS350BA, 
AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, 
and AS355N helicopters. AD 2003-25-01 requires modifying and re-
identifying the hoist operator control unit and replacing certain 
fuses. Since the FAA issued AD 2003-25-01, Airbus Helicopters has 
identified multiple errors in the applicable service information for 
the AS350-series and AS355-series helicopters. This proposed AD would 
retain certain requirements of AD 2003-25-01, revise the applicability, 
and propose to require using the corrected service information. This 
proposed AD would also require reporting certain information and 
prohibit the installation of an affected hoist until the required 
actions are accomplished. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 14, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus 
Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; telephone 
(972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at https://www.airbus.com/helicopters/services/technical-support.html. You may 
view this service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort 
Worth, TX 76177. For information on the availability of this material 
at the FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0340; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the 
Direction Generale De L'Aviation Civile (DGAC) AD, the European Union 
Aviation Safety Agency (EASA) AD, any comments received, and other 
information. The street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0340; Project Identifier 
MCAI-2020-01638-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2003-25-01, Amendment 39-13384 (68 FR 69596, 
December 15, 2003) (AD 2003-25-01), for Eurocopter France (now Airbus 
Helicopters) Model AS332C, C1, L, and L1, AS350B, BA, B1, B2, B3, and 
D, and AS355E, F, F1, F2, and N helicopters with a Breeze 300 pound 
electric hoist (hoist) and hoist operator control unit 26M part number 
(P/N) 350A63-1136-00 or 350A63-1136-01, and hoist electric box 91M P/N 
332A67-2875-00,

[[Page 22364]]

installed. AD 2003-25-01 requires modifying and re-identifying the 
hoist operator control unit, replacing the fuses, and functionally 
testing the hoist operation and emergency jettison controls. AD 2003-
25-01 was prompted by French AD 2002-584(A) and 2002-585(A), each dated 
November 27, 2002 (AD 2002-584(A) and AD 2002-585(A)), issued by DGAC, 
which is the aviation authority for France. AD 2002-584(A) corrects an 
unsafe condition for Eurocopter France Model AS332C, C1, L, and L1 
helicopters with a certain hoist and hoist box installed. AD 2002-
585(A) corrected an unsafe condition for Eurocopter France Model 
AS350B, BA, BB, B1, B2, B3, and D, and AS355E, F, F1, F2, and N 
helicopters with a certain hoist and hoist box installed and without a 
certain modification (MOD) installed. DGAC advised of the discovery of 
a failure of a rescue hoist emergency release control system to operate 
due to an anomaly in the electrical control circuit. This condition, if 
not addressed, could result in an inability of the pilot to cut the 
rescue hoist cable in the event of cable entanglement or other 
emergency, and subsequent loss of control of the helicopter.
    Accordingly, AD 2002-584(A) requires compliance with Eurocopter 
Alert Service Bulletin (ASB) No. 25.01.18, dated November 12, 2002, to 
install MOD 332PCS 78 288. AD 2002-585(A) required compliance with 
Eurocopter ASB No. 25.00.71 or 25.00.79, each dated November 12, 2002, 
as applicable to your model helicopter, to install MOD 07 3190.

Actions Since AD 2003-25-01 Was Issued

    Since the FAA issued AD 2003-25-01, EASA, which is the Technical 
Agent for the Member States of the European Union, issued EASA AD 2019-
0228, dated September 12, 2019 (EASA AD 2019-0228) to supersede DGAC AD 
2002-585(A). EASA AD 2019-0228 corrects an unsafe condition for Airbus 
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale 
Model AS 350 B, AS 350 BA, AS 350 BB, AS 350 B1, AS 350 B2, AS 350 B3, 
AS 350 D, AS 355 E, AS 355 F, AS 355 F1, AS 355 F2, and AS 355 N 
helicopters. EASA advises that Airbus Helicopters identified 
translation errors in the service information required for compliance 
by DGAC AD 2002-585(A). Airbus Helicopters was also informed that there 
could be helicopters modified by that service information with 
incorrect installations. Prompted by these findings, Airbus Helicopters 
revised the related service information. Therefore, EASA issued EASA AD 
2019-0228 to accomplish the MOD as intended by DGAC AD 2002-585(A) with 
the revised service information. EASA AD 2019-0228 also requires 
reporting certain information to Airbus Helicopters and prohibits the 
installation of an affected part on any helicopter unless it has been 
modified.
    Since the FAA issued AD 2003-25-01, the FAA discovered that the 
applicability needed to be revised. This NPRM revises the applicability 
by distinguishing the hoist box installations by P/N, clarifying that 
Airbus Helicopters service information refers to a hoist box as a hoist 
operator's control unit, adding TRW, Lucas, and Air Equipement hoists 
for affected Model AS350-series and AS355-series helicopters, and 
adding an exception for affected helicopters to exclude those with a 
certain MOD installed.
    Lastly, since the FAA issued AD 2003-25-01, Eurocopter France 
changed its name to Airbus Helicopters. This AD reflects that change 
and updates the contact information to obtain service documentation.

FAA's Determination

    These helicopters have been approved by both the authority of 
France and EASA and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the European Union, DGAC 
and EASA have notified the FAA about the unsafe condition described in 
their ADs. The FAA is proposing this AD after evaluating all known 
relevant information and determining that the unsafe condition 
described previously is likely to exist or develop on other helicopters 
of these same type designs.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters ASB No. 25.00.71, Revision 2, 
dated May 14, 2019 (ASB 25.00.71 Rev 2), Airbus Helicopters ASB No. 
25.00.79, Revision 3, dated September 24, 2019 (ASB 25.00.79 Rev 3), 
and Eurocopter ASB No. 25.01.18, dated November 12, 2002 (ASB 
25.01.18). ASB 25.00.71 Rev 2 applies to Model AS355-series 
helicopters, ASB 25.00.79 Rev 3 applies to Model AS350-series 
helicopters, and ASB 25.01.18 applies AS332-series helicopters.
    ASB 25.00.71 Rev 2 and ASB 25.00.79 Rev 3 specify procedures to 
install MOD 07 3190, which consists of eliminating resistor 27M in the 
hoist operator's control unit 26M and replacing the 2.5A quick-response 
fuses on the Honeywell unit at 30 alpha or 21 delta for Model AS350-
series helicopters or on the distribution panel 10 alpha for Model 355-
series helicopters. ASB 25.00.71 Rev 2 and ASB 25.00.79 Rev 3 also 
specify reporting certain information to Airbus Helicopters. ASB 
25.01.18 specifies procedures to install MOD 332PCS 78 288, which 
consists of eliminating resistor 81M in hoist box 91M and re-
identifying the hoist box as 332P67-2894-01, -02, -03, or -04, 
depending on which electrical wiring assembly is installed in the 
helicopter.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed Airbus Helicopters ASB No. 25.00.71, Revision 
1, dated May 21, 2014 (ASB 25.00.71 Rev 1), and ASB No. 25.00.79, 
Revision 1, dated May 21, 2014 (ASB 25.00.79 Rev 1) and Revision 2 (ASB 
25.00.79 Rev 2), dated May 14, 2019.
    ASB 25.00.71 Rev 1 specifies the same actions as ASB 25.00.71 Rev 
2, except ASB 25.00.71 Rev 2 provides a reminder that MOD 07 3190 is 
mandatory and adds a reporting response form. ASB 25.00.79 Rev 1 and 
ASB 25.00.79 Rev 2 specify the same actions as ASB 25.00.79 Rev 3, 
except ASB 25.00.79 Rev 2 provides a reminder that MOD 07 3190 is 
mandatory and adds a reporting response form and ASB 25.00.79 Rev 3 
adds Model AS350L1 to the effectivity.

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2003-25-
01. This proposed AD would continue to require modifying and re-
identifying the hoist operator control unit, replacing the fuses, and 
functionally testing the hoist operation and emergency jettison 
controls; however, this proposed AD would require accomplishing those 
actions by following revised service information for affected Model 
AS350-series and AS355-series helicopters. For affected Model AS350-
series and AS355-series helicopters, this proposed AD would also 
require sending certain information to the Technical Support Department 
of Airbus Helicopters. Lastly, this proposed AD would prohibit 
installing an affected hoist unless the proposed actions are 
accomplished.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2019-0228 applies to Model AS350BB helicopters, whereas 
this proposed AD would not because that model is not FAA type-
certificated. EASA AD 2019-0228 requires

[[Page 22365]]

modifying affected parts within 100 flight hours or 2 months, whichever 
occurs first, whereas this proposed AD would require those actions 
before next flight involving a hoist operation for Model AS350-series 
and AS355-series helicopters instead.

Costs of Compliance

    The FAA estimates that this AD affects up to 977 helicopters of 
U.S. Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Modifying and re-identifying the hoist operator control unit, 
replacing the fuses, and functionally testing the hoist operation and 
the emergency jettison controls would take about 4 work hours and parts 
would cost about $20 for an estimated cost of $360 per helicopter and 
up to $351,720 for the U.S. fleet.
    For Model AS350-series and AS355-series helicopters, reporting 
information would take about 1 work-hour for an estimated cost of $85 
per helicopter and up to $82,195 for the U.S. fleet.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed, I certify this proposed regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:
0
a. Removing Airworthiness Directive 2003-25-01, Amendment 39-13384 (68 
FR 69596, December 15, 2003); and
0
b. Adding the following new airworthiness directive:

Airbus Helicopters (Type Certificate Previously Held by Eurocopter 
France): Docket No. FAA-2021-0340; Project Identifier MCAI-2020-
01638-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by June 14, 2021.

(b) Affected ADs

    This AD replaces AD 2003-25-01, Amendment 39-13384 (68 FR 69596, 
December 15, 2003) (AD 2003-25-01).

(c) Applicability

    This AD applies to:
    (1) Airbus Helicopters (type certificate previously held by 
Eurocopter France) Model AS332C, AS332C1, AS332L, and AS332L1 
helicopters, certificated in any category, as follows:
    (i) With a Breeze 300 pound electric hoist (hoist) installed,
    (ii) Hoist box 91M part number (P/N) 332A67-2875-00 installed, 
and
    (iii) Without Eurocopter modification (MOD) 332PCS 78 288, 
specified in Eurocopter Alert Service Bulletin (ASB) No. 25.01.18 
dated November 12, 2002 (ASB No. 25.01.18) installed.
    (2) Airbus Helicopters (type certificate previously held by 
Eurocopter France) Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, 
AS350D, AS355E, AS355F, AS355F1, AS355F2, and AS355N helicopters, 
certificated in any category, as follows:
    Note 1 to paragraph (c)(2): Airbus Helicopters service 
information refers to a hoist box as a hoist operator's control 
unit.
    (i) With a Breeze, TRW, Lucas, or Air Equipement 300 pound hoist 
installed,
    (ii) With a hoist box 26M P/N 350A63-1136-00 (AS350-series) or 
350A63-1136-01 (AS355-series) installed, and
    (iii) Without Airbus Helicopters (Eurocopter) MOD 07 3190 
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by a test of a hoist that revealed an 
anomaly in the electrical control circuit. The FAA is issuing this 
AD to prevent failure of the hoist pyrotechnic squib electrical 
control unit. Lack of adequate current to activate the hoist 
pyrotechnic squib prohibits the ability of the pilot to cut the 
rescue hoist cable in the event of cable entanglement or other 
emergency. The unsafe condition, if not addressed, could result in 
subsequent loss of control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For Model AS332C, AS332C1, AS332L, and AS332L1 helicopters 
identified in paragraph (c) of this AD, within 100 hours time-in-
service or within 2 months, whichever occurs first from January 20, 
2004 (the effective date of AD 2003-25-01), modify and re-identify 
the hoist operator control unit, replace the fuses, and functionally 
test the hoist operation and the emergency jettison controls in 
accordance

[[Page 22366]]

with the Accomplishment Instructions, paragraph 2.B., Operational 
Procedure, of Eurocopter ASB No. 25.01.18.
    (2) For Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, 
AS350D, AS355E, AS355F, AS355F1, AS355F2, and AS355N helicopters 
identified in paragraph (c) of this AD:
    (i) Before next flight involving a hoist operation after the 
effective date of this AD, modify and re-identify the hoist operator 
control unit, replace the fuses, and functionally test the hoist 
operation and the emergency jettison controls in accordance with the 
Accomplishment Instructions, paragraph 2.B., Operational Procedure, 
of Airbus Helicopters ASB No. 25.00.71, Revision 2, dated May 14, 
2019 (ASB 25.00.71 Rev 2), or Airbus Helicopters ASB No. 25.00.79, 
Revision 3, dated September 24, 2019 (ASB 25.00.79 Rev 3), as 
applicable to your model helicopter.
    (ii) Within 30 days after accomplishing the actions required by 
paragraph (g)(2)(i) of this AD, report the information in Appendix 
4.A. of ASB 25.00.71 Rev 2 or ASB 25.00.79 Rev 3, as applicable to 
your model helicopter, by email to [email protected].
    (3) As of the effective date of this AD, do not install a 
Breeze, TRW, Lucas, or Air Equipement 300 pound hoist identified in 
paragraphs (c)(1) or (2) of this AD unless the actions required by 
paragraphs (g)(1) or (2) have been accomplished, as applicable to 
your model helicopter.

(h) Credit for Previous Actions

    Actions accomplished before the effective date of this AD by 
following the procedures in Airbus Helicopters ASB No. 25.00.71, 
Revision 1, dated May 21, 2014, or ASB No. 25.00.79, Revision 1, 
dated May 21, 2014 or Revision 2, dated May 14, 2019, as applicable 
to your model helicopter, are considered acceptable for compliance 
with the corresponding actions required in paragraph (g)(2)(i) of 
this AD. Accomplish the actions required by paragraph (g)(2)(ii) of 
this AD within 30 days after the effective date of this AD.

(i) Special Flight Permits

    Special flight permits are prohibited for use of a Breeze, TRW, 
Lucas, or Air Equipement 300 pound hoist identified in paragraphs 
(c)(1) or (2) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (k)(1) of 
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    (1) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; email [email protected].
    (2) For service information identified in this AD, contact 
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; 
telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or 
at https://www.airbus.com/helicopters/services/technical-support.html. You may view this referenced service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information 
on the availability of this material at the FAA, call (817) 222-
5110.
    (3) The subject of this AD is addressed in Direction Generale De 
L'Aviation Civile (DGAC) AD 2002-584(A), dated November 27, 2002, 
and European Union Aviation Safety Agency (EASA) AD 2019-0228, dated 
September 12, 2019. You may view the DGAC and EASA ADs on the 
internet at https://www.regulations.gov in Docket No. FAA-2021-0340.

    Issued on April 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-08782 Filed 4-27-21; 8:45 am]
BILLING CODE 4910-13-P