
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Proposed Rules]
[Pages 63444-63447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26462]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-1005; Product Identifier 2018-NM-109-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-16-
01, which applies to certain Airbus SAS Model A330-200 Freighter, -200, 
and -300 series airplanes. AD 2016-16-01 requires an inspection of 
affected structural parts in the cargo and cabin compartments to 
determine if proper heat treatment has been done, and replacement or 
repair if necessary. Since we issued AD 2016-16-01, we have determined 
that additional affected parts in the cabin compartment structure must 
also be inspected. This proposed AD would retain the requirements of AD 
2016-16-01 and require inspection of additional locations of the cabin 
compartment structure. We are proposing this AD to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by January 24, 
2019.

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 http://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 
SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine No: 2, 
31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 
93 44 51; email account.airworth-eas@airbus.com; internet http://www.airbus.com. You may view this referenced service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1005; 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 regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3229.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-1005; 
Product Identifier 2018-NM-109-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this proposed AD. We will consider 
all comments received by the closing date and may amend this proposed 
AD based on 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 proposed AD.

Discussion

    We issued AD 2016-16-01, Amendment 39-18599 (81 FR 51325, August 4, 
2016) (corrected September 1, 2016 (81 FR 60246)) (``AD 2016-16-01''), 
for certain Airbus SAS Model A330-200 Freighter, -200, and -300 series 
airplanes. AD 2016-16-01 requires an inspection of affected structural 
parts in the cargo and cabin compartments to determine if proper heat 
treatment has been done, and replacement or repair if necessary. AD 
2016-16-01 was prompted by a report of a manufacturing defect that 
affects the durability of affected parts in the cargo and cabin 
compartment. We issued AD 2016-16-01 to address crack initiation and 
propagation in structural parts of the cargo and cabin compartments, 
which could result in reduced structural integrity of the fuselage.

Actions Since AD 2016-16-01 Was Issued

    Since we issued AD 2016-16-01, we have determined that additional 
affected parts in the cabin compartment structure must also be 
inspected.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2018-0147, dated July 13, 2018 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Model A330-200 Freighter, -200, and -300 
series airplanes. The MCAI states:


[[Page 63445]]


    It was determined that several structural parts, intended for 
cargo or cabin compartment installation, were manufactured from 
improperly heat-treated materials. A subsequent review identified 
that some of those parts were installed on aeroplanes manufactured 
between November 2011 and February 2013. Consequently, Airbus 
implemented measures into manufacturing processes to ensure 
detection and to prevent further installation of such non-conforming 
parts. A detailed safety assessment was accomplished to identify the 
possible impact of these parts on the aeroplane structure. The 
result of this structural analysis demonstrated the capability of 
the affected structure to sustain static limit loads, but failed to 
confirm that the affected structures meet the certified fatigue 
life.
    This condition, if not detected and corrected, could lead to 
crack initiation and propagation, possibly resulting in reduced 
structural integrity of the fuselage.
    To address this unsafe condition, Airbus published the 
applicable SBs [service bulletins] to provide inspection 
instructions for affected structural cargo and cabin parts, 
respectively. Consequently, EASA issued AD 2015-0212 [which 
corresponds to FAA AD 2016-16-01] to require a one-time special 
detailed inspection (SDI) [eddy current inspection] to measure the 
electrical conductivity of affected parts, to identify the presence 
or absence of heat treatment, and, depending on findings, applicable 
corrective action(s) [replacement or repair].
    Since that AD was issued, Airbus identified that some additional 
affected parts, located in the cabin compartment structure, have 
been missed and need to be inspected. Consequently, Airbus issued SB 
A330-53-3228 Revision 01 to introduce the locations of those missed 
structural parts to be inspected.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2015-0212, which is superseded, and expands 
the number and locations of structural parts to be inspected.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
1005.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A330-53-3227, Revision 02, dated 
July 25, 2018, which describes procedures for inspecting affected 
structural parts in the cargo compartment to determine if proper heat 
treatment has been done, and replacing discrepant parts.
    Airbus has also issued Service Bulletin A330-53-3228, Revision 01, 
dated April 11, 2018, which describes procedures for inspecting 
affected structural parts in the cabin compartment to determine if 
proper heat treatment has been done, doing additional work (inspecting 
additional locations of the cabin compartment structure), and doing 
related investigative and corrective actions. Related investigative 
actions include an eddy current inspection to verify the measurement 
from the inspection to determine if proper heat treatment has been 
done. Corrective actions include replacing discrepant parts.
    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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all of the requirements of AD 2016-
16-01. This proposed AD would also require accomplishing the additional 
work specified in Airbus Service Bulletin A330-53-3228, Revision 01, 
dated April 11, 2018, described previously.

Costs of Compliance

    We estimate that this proposed AD affects 20 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Actions                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2016-16-01  11 work-hours x $85 per                  $0            $935         $18,700
                                      hour = $935.
New proposed additional work.......  5 work-hours x $85 per hour               0             425           8,500
                                      = $425.
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    We estimate the following costs to do any necessary on-condition 
action that would be required based on the results of any required 
actions. We have no way of determining the number of aircraft that 
might need this on-condition action:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
45 work-hours x $85 per hour = $3,825.            $0 *           $3,825
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* We have received no definitive data on the parts cost for the on-
  condition action.

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. We do not control warranty coverage for 
affected individuals. As a result, we have included all known costs in 
our cost estimate.

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,

[[Page 63446]]

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    We 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 above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    3. Will not affect intrastate aviation in Alaska, and
    4. 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.

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 removing Airworthiness Directive (AD) 
2016-16-01, Amendment 39-18599 (81 FR 51325, August 4, 2016) (corrected 
September 1, 2016 (81 FR 60246)), and adding the following new AD:

Airbus SAS: Docket No. FAA-2018-1005; Product Identifier 2018-NM-
109-AD.

(a) Comments Due Date

    We must receive comments by January 24, 2019.

(b) Affected ADs

    This AD replaces AD 2016-16-01, Amendment 39-18599 (81 FR 51325, 
August 4, 2016) (corrected September 1, 2016 (81 FR 60246)) (``AD 
2016-16-01'').

(c) Applicability

    This AD applies to the Airbus SAS airplanes, certificated in any 
category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of 
this AD, manufacturer serial numbers 1175, 1180, 1287 through 1475 
inclusive, 1478, 1480, 1483, and 1506.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342, 
and -343 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a manufacturing defect 
(i.e., improperly heat-treated materials) that affects the 
durability of affected parts in the cargo and cabin compartments. We 
are issuing this AD to address crack initiation and propagation in 
affected parts in the cargo and cabin compartments, which could 
result in reduced structural integrity of the fuselage.

(f) Compliance

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

(g) Retained Inspection of Affected Structure in the Cargo Compartment, 
With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2016-16-01, with revised service information. Within 72 months since 
first flight of the airplane, do an eddy current inspection (i.e., 
conductivity measurement) of affected structural parts in the cargo 
compartment to determine if proper heat treatment has been done as 
identified in, and in accordance with, the Accomplishment 
Instructions of Airbus Service Bulletin A330-53-3227, dated August 
18, 2015; or Airbus Service Bulletin A330-53-3227, Revision 02, 
dated July 25, 2018. As of the effective date of this AD, only 
Airbus Service Bulletin A330-53-3227, Revision 02, dated July 25, 
2018, may be used.

(h) Retained Replacement of Non-Conforming Parts in the Cargo 
Compartment, With Revised Service Information

    This paragraph restates the requirements of paragraph (h) of AD 
2016-16-01, with revised service information. If, during the 
inspection required by paragraph (g) of this AD, an affected 
structural part in the cargo compartment is identified to have a 
measured value greater than 26 megasiemens per meter (MS/m), or 
greater than 44.8% International Annealed Copper Standard (IACS), 
before further flight, replace the affected structural part with a 
serviceable part, in accordance with the Accomplishment Instructions 
of Airbus Service Bulletin A330-53-3227, dated August 18, 2015; or 
Airbus Service Bulletin A330-53-3227, Revision 02, dated July 25, 
2018. As of the effective date of this AD, only Airbus Service 
Bulletin A330-53-3227, Revision 02, dated July 25, 2018, may be 
used.

(i) Retained Repair of Non-Conforming Parts in the Cargo Compartment, 
With Revised Service Information

    This paragraph restates the requirements of paragraph (i) of AD 
2016-16-01, with revised service information. If, during the 
inspection required by paragraph (g) of this AD, an affected 
structural part in the cargo compartment is identified to have a 
measured value other than those specified in Figure A-GFAAA, Sheet 
01, ``Inspection Flowchart,'' of Airbus Service Bulletin A330-53-
3227, dated August 18, 2015; or Airbus Service Bulletin A330-53-
3227, Revision 02, dated July 25, 2018; before further flight, 
repair using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA); or Airbus SAS's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature. As of the effective date of this AD, 
only Airbus Service Bulletin A330-53-3227, Revision 02, dated July 
25, 2018, may be used to identify the measured value.

(j) Retained Inspection of Affected Structure in the Cabin Compartment, 
With Revised Service Information

    This paragraph restates the requirements of paragraph (j) of AD 
2016-16-01, with revised service information. Within 72 months since 
first flight of the airplane, do an eddy current inspection of 
affected structural parts in the cabin compartment to determine if 
proper heat treatment has been done as identified in, and in 
accordance with, the Accomplishment Instructions of Airbus Service 
Bulletin A330-53-3228, dated August 18, 2015; or Airbus Service 
Bulletin A330-53-3228, Revision 01, dated April 11, 2018. As of the 
effective date of this AD, only Airbus Service Bulletin A330-53-
3228, Revision 01, dated April 11, 2018, may be used.

(k) Retained Replacement of Non-Conforming Parts in the Cabin 
Compartment, With Revised Service Information

    This paragraph restates the requirements of paragraph (k) of AD 
2016-16-01, with

[[Page 63447]]

revised service information. If, during the inspection required by 
paragraph (j) of this AD, an affected structural part in the cabin 
compartment is identified to have a measured value greater than 26 
MS/m or greater than 44.8% IACS, before further flight, replace the 
affected structural part with a serviceable part, in accordance with 
the Accomplishment Instructions of Airbus Service Bulletin A330-53-
3228, dated August 18, 2015; or Airbus Service Bulletin A330-53-
3228, Revision 01, dated April 11, 2018. As of the effective date of 
this AD, only Airbus Service Bulletin A330-53-3228, Revision 01, 
dated April 11, 2018, may be used.

(l) Retained Repair of Non-Conforming Parts in the Cabin Compartment, 
With Revised Service Information and New Alternative Actions

    This paragraph restates the requirements of paragraph (l) of AD 
2016-16-01, with revised service information and new alternative 
actions. If, during the inspection required by paragraph (j) of this 
AD, an affected structural part in the cabin compartment is 
identified to have a measured value other than those specified in 
Figure A-GFAAA, Sheet 01, ``Inspection Flowchart,'' of Airbus 
Service Bulletin A330-53-3228, dated August 18, 2015; or to have to 
a measured value between 22 MS/m and 26 MS/m or between 37.9 and 
44.8% IACS, as specified in Airbus Service Bulletin A330-53-3228, 
Revision 01, dated April 11, 2018, before further flight, do the 
actions specified in paragraph (l)(1) or (l)(2) of this AD. As of 
the effective date of this AD, only Airbus Service Bulletin A330-53-
3228, Revision 01, dated April 11, 2018, may be used to identify the 
measured value.
    (1) Repair using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the EASA; or Airbus 
SAS's EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (2) Do an eddy current inspection to verify the measurement, in 
accordance with the Accomplishment Instructions of Airbus Service 
Bulletin A330-53-3228, Revision 01, dated April 11, 2018.
    (i) If an affected structural part in the cabin compartment is 
identified to have a measured value between 22 MS/m and 26 MS/m or 
between 37.9 and 44.8% IACS, before further flight, repair using a 
method approved by the Manager, International Section, Transport 
Standards Branch, FAA; or the EASA; or Airbus SAS's EASA DOA. If 
approved by the DOA, the approval must include the DOA-authorized 
signature.
    (ii) If an affected structural part in the cabin compartment is 
identified to have a measured value greater than 26 MS/m or greater 
than 44.8% IACS, before further flight, do the replacement specified 
in paragraph (k) of this AD.

(m) New Requirement of This AD: Inspection of Additional Cabin 
Locations

    For an airplane on which the cabin compartment structure was 
inspected and corrective actions were done before the effective date 
of this AD as specified in the Accomplishment Instructions of Airbus 
Service Bulletin A330-53-3228, dated August 18, 2015: Before 
exceeding 108 months since the airplane's first flight, do an eddy 
current conductivity test of the forward cabin overhead compartment, 
and do all applicable related investigative and corrective actions, 
in accordance with the applicable ``additional work'' task in the 
Accomplishment Instructions of Airbus Service Bulletin A330-53-3228, 
Revision 01, dated April 11, 2018. Do all applicable related 
investigative and corrective actions before further flight. Where 
Airbus Service Bulletin A330-53-3228, Revision 01, dated April 11, 
2018, specifies to contact Airbus for appropriate action: Before 
further flight, accomplish corrective actions in accordance with the 
procedures specified in paragraph (p)(2) of this AD.

(n) No Reporting

    Although Airbus Service Bulletin A330-53-3227, Revision 02, 
dated July 25, 2018, and Airbus Service Bulletin A330-53-3228, 
Revision 01, dated April 11, 2018, specify to submit certain 
information to the manufacturer, and specify that action as ``RC'' 
(required for compliance), this AD does not include that 
requirement.

(o) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g), (h), and (i) of this AD, if those actions were 
performed before the effective date of this AD using Airbus Service 
Bulletin A330-53-3227, Revision 01, dated July 5, 2016.

(p) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 International Section, send it to the attention of 
the person identified in paragraph (q)(2) of this AD. Information 
may be emailed to 9-ANM-116-AMOC-REQUESTS@faa.gov.
    (i) 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.
    (ii) AMOC letters ANM-116-17-118, dated February 2, 2017, and 
AIR-676-18-369, dated September 17, 2018, approved previously for AD 
2016-16-01, are approved as AMOCs for the corresponding provisions 
of this AD.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Section, Transport Standards 
Branch, FAA; or the EASA; or Airbus SAS's EASA Design Organization 
Approval (DOA). If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraphs (i), (l), (m), and (o) of this AD: If any service 
information contains procedures or tests that are identified as RC, 
those procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2018-0147, dated July 13, 2018, 
for related information. This MCAI may be found in the AD docket on 
the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-1005.
    (2) For more information about this AD, contact Vladimir 
Ulyanov, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3229.
    (3) For service information identified in this AD, contact 
Airbus SAS, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine 
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax 
+33 5 61 93 44 51; email account.airworth-eas@airbus.com; internet 
http://www.airbus.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on November 23, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-26462 Filed 12-7-18; 8:45 am]
 BILLING CODE 4910-13-P


