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Federal Register / Vol. 71, No.

237 / Monday, December 11, 2006 / Rules and Regulations 71475

(ii) Any political or campaign that, due to fatigue cracking from an development of this AD. We have
committee the funds or services of improperly machined radius of the considered the comment received.
which will benefit a person or that is inner tube, a drag stay broke, and,
Request To Change Incorporation of
controlled by a person. For the purpose consequently, led to the collapse of the
Certain Information
of this section, a related interest does MLG during landing. We are issuing this
not include a bank or a foreign bank (as AD to prevent such fatigue cracking, The Modification and Replacement
defined in 12 U.S.C. 3101(7)). which could result in reduced structural Parts Association (MARPA) states that,
* * * * * integrity or collapse of the MLG. typically, airworthiness directives are
■ 7. Newly designated § 215.11 is DATES: This AD becomes effective based on service information originating
revised to read as follows: January 16, 2007. with the type certificate holder or its
The Director of the Federal Register suppliers. MARPA adds that
§ 215.11 Civil penalties. approved the incorporation by reference manufacturer service documents are
Any member bank, or any officer, of certain publications listed in the AD privately authored instruments
director, employee, agent, or other as of January 16, 2007. generally having copyright protection
person participating in the conduct of ADDRESSES: You may examine the AD against duplication and distribution.
the affairs of the bank, that violates any docket on the Internet at http:// MARPA notes that when a service
provision of this part (other than dms.dot.gov or in person at the Docket document is incorporated by reference
§ 215.9) is subject to civil penalties as Management Facility, U.S. Department into a public document, such as an
specified in section 29 of the Federal of Transportation, 400 Seventh Street, airworthiness directive, it loses its
Reserve Act (12 U.S.C. 504). SW., Nassif Building, Room PL–401, private, protected status and becomes a
■ 8. The Appendix to Subpart A of Part Washington, DC. public document. MARPA adds that if
215 is redesignated as the Appendix to Contact Fokker Services B.V., P.O. a service document is used as a
Part 215. Box 231, 2150 AE Nieuw-Vennep, the mandatory element of compliance, it
Netherlands, for service information should not simply be referenced, but
■ 9. Remove the heading Subpart B—
identified in this AD. should be incorporated into the
Reports on Indebtedness of Executive
FOR FURTHER INFORMATION CONTACT: Tom regulatory document; by definition,
Officers and Principal Shareholders to
Rodriguez, Aerospace Engineer, public laws must be public, which
Correspondent Banks.
International Branch, ANM–116, FAA, means they cannot rely upon private
■ 10. Remove §§ 215.20, 215.21, 215.22, writings.
and 215.23. Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington MARPA adds that incorporated by
By order of the Board of Governors of the 98057–3356; telephone (425) 227–1137; reference service documents should be
Federal Reserve System, December 6, 2006. made available to the public by
fax (425) 227–1149.
Jennifer J. Johnson, publication in the Docket Management
SUPPLEMENTARY INFORMATION:
Secretary of the Board. System (DMS), keyed to the action that
[FR Doc. E6–20956 Filed 12–8–06; 8:45 am] Examining the Docket incorporates them. MARPA notes that
BILLING CODE 6210–01–P You may examine the airworthiness the stated purpose of the incorporation
directive (AD) docket on the Internet at by reference method is brevity, to keep
http://dms.dot.gov or in person at the from expanding the Federal Register
DEPARTMENT OF TRANSPORTATION Docket Management Facility office needlessly by publishing documents
between 9 a.m. and 5 p.m., Monday already in the hands of the affected
Federal Aviation Administration through Friday, except Federal holidays. individuals; traditionally, ‘‘affected
The Docket Management Facility office individuals’’ means aircraft owners and
14 CFR Part 39 (telephone (800) 647–5227) is located on operators, who are generally provided
the plaza level of the Nassif Building at service information by the
[Docket No. FAA–2006–25086; Directorate
Identifier 2006–NM–019–AD; Amendment the street address stated in the manufacturer. MARPA adds that a new
39–14847; AD 2006–25–06] ADDRESSES section. class of affected individuals has
emerged, since the majority of aircraft
RIN 2120–AA64 Discussion maintenance is now performed by
The FAA issued a notice of proposed specialty shops instead of aircraft
Airworthiness Directives; Fokker
rulemaking (NPRM) to amend 14 CFR owners and operators. MARPA notes
Model F27 Mark 500 Airplanes
part 39 to include an AD that would that this new class includes
AGENCY: Federal Aviation apply to all Fokker Model F27 Mark 500 maintenance and repair organizations,
Administration (FAA), Department of airplanes. That NPRM was published in component servicing and repair shops,
Transportation (DOT). the Federal Register on June 21, 2006 parts purveyors and distributors, and
ACTION: Final rule. (71 FR 35572). That NPRM proposed to organizations manufacturing or
require an inspection to determine servicing alternatively certified parts
SUMMARY: The FAA is adopting a new whether certain main landing gear under section 21.303 (‘‘Replacement
airworthiness directive (AD) for all (MLG) drag stay units (DSUs) are and modification parts’’) of the Federal
Fokker Model F27 Mark 500 airplanes. installed. That NPRM also proposed to Aviation Regulations (14 CFR 21.303).
This AD requires an inspection to require an ultrasonic inspection to MARPA adds that the concept of brevity
determine whether certain main landing determine if certain tubes are installed is now nearly archaic as documents
gear (MLG) drag stay units (DSUs) are in the affected DSUs of the MLG, and exist more frequently in electronic
installed. This AD also requires an related investigative/corrective actions format than on paper. Therefore,
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ultrasonic inspection to determine if if necessary. MARPA asks that the service documents
certain tubes are installed in the affected deemed essential to the accomplishment
DSUs of the MLG, and related Comments of the NPRM be incorporated by
investigative/corrective actions if We provided the public the reference into the regulatory instrument,
necessary. This AD results from a report opportunity to participate in the and published in the DMS.

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71476 Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations

We do not agree that documents incorporation by reference was Department of Transportation’s DMS,
should be incorporated by reference authorized to reduce the volume of we are currently in the process of
during the NPRM phase of rulemaking. material published in the Federal reviewing issues surrounding the
The Office of the Federal Register (OFR) Register and the Code of Federal posting of service bulletins on the DMS
requires that documents that are Regulations. However, as specified in as part of an AD docket. Once we have
necessary to accomplish the the Federal Register Document Drafting thoroughly examined all aspects of this
requirements of the AD be incorporated Handbook, the Director of the OFR issue and have made a final
by reference during the final rule phase decides when an agency may determination, we will consider
of rulemaking. This final rule incorporate material by reference. As whether our current practice needs to be
incorporates by reference the document the commenter is aware, the OFR files revised. No change to the final rule is
necessary for the accomplishment of the documents for public inspection on the necessary in response to this comment.
requirements mandated by this AD. workday before the date of publication
Further, we point out that while of the rule at its office in Washington, Conclusion
documents that are incorporated by DC. As stated in the Federal Register
We have carefully reviewed the
reference do become public information, Document Drafting Handbook, when
they do not lose their copyright documents are filed for public available data, including the comment
protection. For that reason, we advise inspection, anyone may inspect or copy received, and determined that air safety
the public to contact the manufacturer file documents during the OFR’s hours and the public interest require adopting
to obtain copies of the referenced of business. Further questions regarding the AD as proposed.
service information. publication of documents in the Federal Costs of Compliance
In regard to the commenter’s request Register or incorporation by reference
that service documents be made should be directed to the OFR. The following table provides the
available to the public by publication in In regard to the commenter’s request estimated costs for U.S. operators to
the Federal Register, we agree that to post service bulletins on the comply with this AD.

ESTIMATED COSTS
Number of
Average labor Cost per
Action Work hours U.S.-registered Fleet cost
rate per hour airplane airplanes

Inspection ............................................................................. 2 $80 $160 7 $1,120

Authority for This Rulemaking For the reasons discussed above, I § 39.13 [Amended]
Title 49 of the United States Code certify that this AD:
■ 2. The Federal Aviation
specifies the FAA’s authority to issue (1) Is not a ‘‘significant regulatory
Administration (FAA) amends § 39.13
rules on aviation safety. Subtitle I, action’’ under Executive Order 12866;
by adding the following new
Section 106, describes the authority of (2) Is not a ‘‘significant rule’’ under airworthiness directive (AD):
the FAA Administrator. Subtitle VII, DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and 2006–25–06 Fokker Services B.V.:
Aviation Programs, describes in more Amendment 39–14847. Docket No.
detail the scope of the Agency’s (3) Will not have a significant FAA–2006–25086; Directorate Identifier
authority. economic impact, positive or negative, 2006–NM–019–AD.
We are issuing this rulemaking under on a substantial number of small entities
the authority described in Subtitle VII, under the criteria of the Regulatory Effective Date
Part A, Subpart III, Section 44701, Flexibility Act. (a) This AD becomes effective January 16,
‘‘General requirements.’’ Under that We prepared a regulatory evaluation 2007.
section, Congress charges the FAA with of the estimated costs to comply with Affected ADs
promoting safe flight of civil aircraft in this AD and placed it in the AD docket. (b) None.
air commerce by prescribing regulations See the ADDRESSES section for a location
for practices, methods, and procedures to examine the regulatory evaluation. Applicability
the Administrator finds necessary for (c) This AD applies to all Fokker Model
List of Subjects in 14 CFR Part 39 F27 Mark 500 airplanes, certificated in any
safety in air commerce. This regulation
is within the scope of that authority Air transportation, Aircraft, Aviation category.
because it addresses an unsafe condition safety, Incorporation by reference, Unsafe Condition
that is likely to exist or develop on Safety. (d) This AD results from a report that, due
products identified in this rulemaking Adoption of the Amendment to fatigue cracking from an improperly
action. machined radius of the inner tube, a drag
Regulatory Findings ■ Accordingly, under the authority stay broke, and, consequently, led to the
delegated to me by the Administrator, collapse of the main landing gear (MLG)
We have determined that this AD will the FAA amends 14 CFR part 39 as during landing. We are issuing this AD to
not have federalism implications under follows: prevent such fatigue cracking, which could
Executive Order 13132. This AD will result in reduced structural integrity or
not have a substantial direct effect on PART 39—AIRWORTHINESS collapse of the MLG.
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the States, on the relationship between DIRECTIVES Compliance


the national government and the States, (e) You are responsible for having the
or on the distribution of power and ■ 1. The authority citation for part 39
actions required by this AD performed within
responsibilities among the various continues to read as follows: the compliance times specified, unless the
levels of government. Authority: 49 U.S.C. 106(g), 40113, 44701. actions have already been done.

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Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations 71477

Inspections of the Drag Stay Units including Appendix B, Revision 1, dated date of this AD, rework and re-identify the
(f) Within 60 days after the effective date November 10, 1993; as applicable. After re- DSU as P/N 200261003, 200485003, or
of this AD: Inspect the MLG drag stay units identifying the DSU, no further action is 200684003, as applicable, in accordance with
(DSUs) to determine whether Dowty required by this AD for that DSU; however the applicable service bulletin.
Aerospace is the manufacturer and, before airplanes are still subject to the requirements (3) If any crack is detected and the crack
further flight, inspect Dowty Aerospace MLG specified in paragraph (k) of this AD. signal indication of any DSU tube is greater
DSUs to determine whether part number (i) If any tube having P/N 200259300 with than or equal to 80 percent, before further
(P/N) 200261001, 200261002, 200485001, a change in section (stepped bore) is found flight, replace the DSU with a re-identified
200485002, 200684001, or 200684002 is installed during the inspection required by DSU having P/N 200261004, 200485004,
installed. A review of the airplane paragraph (g) of this AD: Before further flight, 200684004, 200261003, 200485003, or
maintenance records is acceptable in lieu of re-identify the DSU in accordance with 200684003, in accordance with the
these inspections if the manufacturer and the paragraphs 2.A.(4)(a) and 2.A.(4)(b) of the applicable service bulletin.
part number of the MLG DSU can be Accomplishment Instructions of Dowty (4) If any crack is detected and the crack
conclusively determined from that review. Aerospace Landing Gear Service Bulletin 32– signal indication of any DSU tube is greater
For airplanes equipped with MLG DSUs 82W, Revision 2, including Appendix A,
than zero percent but less than 80 percent,
other than Dowty Aerospace MLG DSUs, and dated July 29, 1994, and including Appendix
do the actions specified in paragraphs (j)(4)(i)
for airplanes equipped with Dowty B, Revision 1, dated November 10, 1993; or
and (j)(4)(ii) of this AD.
Aerospace MLG DSUs having part numbers Dowty Aerospace Landing Gear Service
Bulletin 32–169B, Revision 2, including (i) Repeat the ultrasonic inspection
other than P/N 200261001, 200261002, required by paragraph (j) of this AD thereafter
200485001, 200485002, 200684001, and Appendix A, dated July 29, 1994, and
including Appendix B, Revision 1, dated at intervals not to exceed 1,500 flight cycles
200684002, no further action is required by until the actions specified in paragraph
this AD, except as specified in paragraph (k) November 10, 1993; as applicable. Following
accomplishment of the re-identification, (j)(4)(ii) of this AD are done.
of this AD. (ii) At the next MLG overhaul but no later
(g) For airplanes equipped with DSUs before further flight, do the inspection
specified in paragraph (j) of this AD. than 12,000 flight cycles after the effective
having P/N 200261001, 200485001, or date of this AD, replace the DSU with a DSU
200684001: Within 60 days after the effective Ultrasonic Inspection for Cracking having P/N 200261004, 200485004,
date of this AD, perform an ultrasonic
(j) For airplanes equipped with re- 200684004, 200261003, 200485003, or
inspection to determine if a tube having
identified DSUs having P/N 200261002, 200684003, in accordance with the
P/N 200485300 with a straight bore, or a tube
200485002, 200684002, 200261003, applicable service bulletin.
having P/N 200259300 with a change in
section (stepped bore), is installed on the 200485003, or 200684003: Within 60 days
Parts Installation
DSUs of the MLG, in accordance with the after the effective date of this AD, perform an
ultrasonic inspection to detect cracking in (k) As of the effective date of this AD, no
Accomplishment Instructions of Fokker
the re-identified DSUs, in accordance with person may install a MLG DSU, P/N
Service Bulletin F27/32–171, dated
the Accomplishment Instructions of Dowty 200261001, 200261002, 200485001,
December 16, 2004.
Aerospace Landing Gear Service Bulletin 32– 200485002, 200684001, or 200684002, on any
Note 1: Fokker Service Bulletin F27/32– 82W, Revision 2, including Appendix A, airplane, except as specified in paragraph (i)
171, dated December 16, 2004, refers to dated July 29, 1994, and including Appendix of this AD.
Dowty Aerospace Landing Gear Service B, Revision 1, dated November 10, 1993; or
Bulletin 32–82W, Revision 2, including Dowty Aerospace Landing Gear Service Alternative Methods of Compliance
Appendix A, dated July 29, 1994, and Bulletin 32–169B, Revision 2, including (AMOCs)
including Appendix B, Revision 1, dated Appendix A, dated July 29, 1994, and (l)(1) The Manager, International Branch,
November 10, 1993; and Dowty Aerospace including Appendix B, Revision 1, dated ANM–116, Transport Airplane Directorate,
Landing Gear Service Bulletin 32–169B, November 10, 1993; as applicable. FAA, has the authority to approve AMOCs
Revision 2, including Appendix A, dated July (1) For airplanes equipped with any DSU for this AD, if requested in accordance with
29, 1994, and including Appendix B, re-identified as P/N 200684003, 200261003, the procedures found in 14 CFR 39.19.
Revision 1, dated November 10, 1993; as or 200485003: If no crack is detected, no (2) Before using any AMOC approved in
applicable, as appropriate sources of service further action is required by this AD for that accordance with § 39.19 on any airplane to
information for inspecting MLG DSUs. DSU; however airplanes are still subject to which the AMOC applies, notify the
(h) If any tube having P/N 200485300 with the requirements specified in paragraph (k) of appropriate principal inspector in the FAA
a straight bore is found installed during the this AD. Flight Standards Certificate Holding District
inspection required by paragraph (g) of this (2) For airplanes equipped with any DSU Office.
AD: Before further flight, re-identify the DSU re-identified as P/N 200684002, 200261002,
with P/N 200261004, 200485004, or or 200485002: If no crack is detected, do the Related Information
200684004, in accordance with the actions specified in paragraphs (j)(2)(i) and (m) Dutch airworthiness directive NL–
Accomplishment Instructions of Dowty (j)(2)(ii) of this AD. 2005–003, dated April 29, 2005, also
Aerospace Landing Gear Service Bulletin 32– (i) Repeat the ultrasonic inspection addresses the subject of this AD.
82W, Revision 2, including Appendix A, required by paragraph (j) of this AD thereafter
dated July 29, 1994, and including Appendix at intervals not to exceed 1,500 flight cycles Material Incorporated by Reference
B, Revision 1, dated November 10, 1993; or until the actions specified in paragraph (n) You must use the applicable service
Dowty Aerospace Landing Gear Service (j)(2)(ii) of this AD are done. bulletin listed in Table 1 of this AD to
Bulletin 32–169B, Revision 2, including (ii) At the next MLG overhaul but no later perform the actions that are required by this
Appendix A, dated July 29, 1994, and than 12,000 flight cycles after the effective AD, unless the AD specifies otherwise.

TABLE 1.—MATERIAL INCORPORATED BY REFERENCE


Revision
Service Bulletin Date
level

Dowty Aerospace Landing Gear Service Bulletin 32–169B, Revision 2, including Appendix A, dated July 2 .................. July 29, 1994.
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29, 1994, and including Appendix B, Revision 1, dated November 10, 1993.
Dowty Aerospace Landing Gear Service Bulletin 32–82W, Revision 2, including Appendix A, dated July 29, 2 .................. July 29, 1994.
1994, and including Appendix B, Revision 1, dated November 10, 1993.
Fokker Service Bulletin F27/32–171 ................................................................................................................. Original ........ December 16,
2004.

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71478 Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations

Dowty Aerospace Landing Gear Service material at the NARA, call (202) 741–6030, • Government-wide rulemaking Web
Bulletin 32–169B, Revision 2, including or go to http://www.archives.gov/ site: Go to http://www.regulations.gov
Appendix A, dated July 29, 1994, and federal_register/code_of_federal_regulations/ and follow the instructions for sending
including Appendix B, Revision 1, dated ibr_locations.html.
your comments electronically.
November 10, 1993, contains the following
effective pages:
Issued in Renton, Washington, on • Mail: Docket Management Facility;
November 24, 2006. U.S. Department of Transportation, 400
Ali Bahrami, Seventh Street, SW., Nassif Building,
Revision
level Date shown on Manager, Transport Airplane Directorate, Room PL–401, Washington, DC 20590–
Page No. Aircraft Certification Service.
shown on page 0001.
page [FR Doc. E6–20861 Filed 12–8–06; 8:45 am] • Fax: (202) 493–2251.
BILLING CODE 4910–13–P • Hand Delivery: Room PL–401 on
1 ............. 2 ............... July 29, 1994.
the plaza level of the Nassif Building,
2, 3 ......... Original .... September 10,
1993. 400 Seventh Street, SW., Washington,
4 ............. 1 ............... November 10, DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., Monday
1993. through Friday, except Federal holidays.
Federal Aviation Administration • Federal eRulemaking Portal: http://
Appendix A www.regulations.gov. Follow the
14 CFR Part 39 instructions for submitting comments.
1, 5, 7 ..... 2 ............... July 29, 1994. To get the service information
2, 6 ......... Original .... September 10, [Docket No. FAA–2006–26400; Directorate
Identifier 2006–CE–71–AD; Amendment 39– identified in this AD, contact Kelly
1993.
14948; AD 2006–25–08] Aerospace Thermal Systems, 1625 Lost
3, 4 ......... 1 ............... November 10,
1993. Nation Road, Willoughby, Ohio 44094;
RIN 2120–AA64
telephone: (440) 951–4744; fax: (440)
Appendix B Airworthiness Directives; Columbia 951–4725.
Aircraft Manufacturing Models LC41– To view the comments to this AD, go
1–5 ......... 1 ............... November 10, to http://dms.dot.gov. The docket
1993. 550FG and LC42–550FG Airplanes
number is FAA–2006–26400;
AGENCY: Federal Aviation Directorate Identifier 2006–CE–71–AD.
Dowty Aerospace Landing Gear Service Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Roy
Bulletin 32–82W, Revision 2, including
Appendix A, dated July 29, 1994, and ACTION: Final rule; request for Boffo, Aerospace Engineer, FAA,
including Appendix B, Revision 1, dated comments. Chicago Aircraft Certification Office,
November 10, 1993, contains the following 2300 E. Devon Avenue, Room 107, Des
SUMMARY: The FAA is adopting a new
effective pages: Plaines, IL 60018; telephone: (847) 294–
Airworthiness Directive (AD) for all 7564; fax: (847) 294–7834.
Revision Columbia Aircraft Manufacturing
SUPPLEMENTARY INFORMATION:
level Date shown on (previously The Lancair Company)
Page No. shown on page Models LC41–550FG and LC42–550FG Discussion
page airplanes equipped with Kelly We received reports of problems with
1 ............. 2 ............... July 29, 1994
Aerospace Thermal Systems the installation of the Kelly Aerospace
2, 3 ......... Original .... September 10, Supplemental Type Certificate (STC) Thermal Systems Thermawing Deice
1993. SA02260CH, Thermawing Deice System System (also known as E-Vade) on
4 ............. 1 ............... November 10, (also known as E-Vade). This AD Columbia Aircraft Manufacturing
1993. requires you to deactivate the deice Models LC41–550FG and LC42–550FG
system and install a placard in clear airplanes following Supplemental Type
Appendix A view of the pilot. This AD results from Certificate (STC) SA02260CH.
problems with the installation of the A short circuit condition at the deice
1, 5, 7 ..... 2 ............... July 29, 1994.
2, 6 ......... Original .... September 10, Kelly Aerospace Thermal Systems heater connector to the copper mesh
1993. Thermawing Deice System following material imbedded in the composite
3, 4 ......... 1 ............... November 10, STC SA02260CH. We are issuing this airplane structure (for lightning
1993. AD to prevent a short circuit condition protection) caused burning of the wings
at the deice heater connector, which and horizontal stabilizer, which created
Appendix B could result in damage to the wings and holes in the structure.
horizontal stabilizer. This damage could The short circuit was caused by
1–5 ......... 1 ............... November 10,
1993.
lead to reduced structural integrity of insufficient removal of copper mesh
the airplane. when the deice heater connectors were
The Director of the Federal Register DATES: This AD becomes effective on installed.
approved the incorporation by reference of December 21, 2006. This condition, if not corrected, could
these documents in accordance with 5 U.S.C. As of December 21, 2006, the Director cause damage to the wings and
552(a) and 1 CFR part 51. Contact Fokker of the Federal Register approved the horizontal stabilizer resulting in
Services B.V., P.O. Box 231, 2150 AE Nieuw- incorporation by reference of certain reduced structural integrity of the
Vennep, the Netherlands, for a copy of this publications listed in the regulation. airplane.
service information. You may review copies We must receive any comments on
at the Docket Management Facility, U.S. this AD by February 9, 2007. Relevant Service Information
Department of Transportation, 400 Seventh
ADDRESSES: Use one of the following We reviewed Kelly Aerospace
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Street, SW., Room PL–401, Nassif Building,


Washington, DC; on the Internet at http:// addresses to comment on this AD. Thermal Systems Service Letter Bulletin
dms.dot.gov; or at the National Archives and • DOT Docket Web site: Go to http:// No. SL–06–001, Issue Date: November
Records Administration (NARA). For dms.dot.gov and follow the instructions 15, 2006. The service information
information on the availability of this for sending your comments describes procedures for disabling the
electronically. E–Vade system.

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