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36370

Proposed Rules Federal Register


Vol. 72, No. 127

Tuesday, July 3, 2007

This section of the FEDERAL REGISTER and follow the instructions for sending 19477–78), or you may visit http://
contains notices to the public of the proposed your comments electronically. dms.dot.gov.
issuance of rules and regulations. The • Mail: U.S. Department of
purpose of these notices is to give interested Examining the Docket
Transportation, Docket Operations, M–
persons an opportunity to participate in the You may examine the AD docket on
rule making prior to the adoption of the final
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE., the Internet at http://dms.dot.gov, or in
rules. person at the Docket Operations office
Washington, DC 20590.
• Fax: (202) 493–2251. between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room W12–140 on
The Docket Operations office (telephone
the ground floor of the West Building,
Federal Aviation Administration (800) 647–5527) is located on the
1200 New Jersey Avenue SE., ground floor of the West Building at the
Washington, DC, between 9 a.m. and 5 DOT street address stated in the
14 CFR Part 39 p.m., Monday through Friday, except ADDRESSES section. Comments will be
[Docket No. FAA–2007–28381; Directorate Federal holidays. available in the AD docket shortly after
Identifier 2006–NM–164–AD] Contact Boeing Commercial the Docket Management System receives
RIN 2120–AA64
Airplanes, P.O. Box 3707, Seattle, them.
Washington 98124–2207, for the service
Airworthiness Directives; Boeing information identified in this proposed Discussion
Model 707 Airplanes, and Model 720 AD. The FAA has examined the
and 720B Series Airplanes FOR FURTHER INFORMATION CONTACT: underlying safety issues involved in fuel
Kathrine Rask, Aerospace Engineer, tank explosions on several large
AGENCY: Federal Aviation transport airplanes, including the
Propulsion Branch, ANM–140S, FAA,
Administration (FAA), Department of adequacy of existing regulations, the
Seattle Aircraft Certification Office,
Transportation (DOT). service history of airplanes subject to
1601 Lind Avenue SW., Renton,
ACTION: Notice of proposed rulemaking those regulations, and existing
Washington 98057–3356; telephone
(NPRM). (425) 917–6505; fax (425) 917–6590. maintenance practices for fuel tank
systems. As a result of those findings,
SUMMARY: The FAA proposes to adopt a SUPPLEMENTARY INFORMATION:
we issued a regulation titled ‘‘Transport
new airworthiness directive (AD) for all
Comments Invited Airplane Fuel Tank System Design
Boeing Model 707 Airplanes, and Model
Review, Flammability Reduction and
720 and 720B series airplanes. This We invite you to submit any relevant Maintenance and Inspection
proposed AD would require revising the written data, views, or arguments Requirements’’ (66 FR 23086, May 7,
FAA-approved maintenance program by regarding this proposed AD. Send your 2001). In addition to new airworthiness
incorporating new airworthiness comments to an address listed in the standards for transport airplanes and
limitations (AWLs) for fuel tank systems ADDRESSES section. Include the docket
new maintenance requirements, this
to satisfy Special Federal Aviation number ‘‘FAA–2007–28381; Directorate rule included Special Federal Aviation
Regulation No. 88 requirements. This Identifier 2006–NM–164–AD’’ at the Regulation No. 88 (‘‘SFAR 88,’’
proposed AD would also require the beginning of your comments. We Amendment 21–78, and subsequent
initial performance of certain repetitive specifically invite comments on the Amendments 21–82 and 21–83).
AWL inspections to phase in those overall regulatory, economic, Among other actions, SFAR 88
inspection, and repair if necessary. This environmental, and energy aspects of requires certain type design (i.e., type
proposed AD results from a design the proposed AD. We will consider all certificate (TC) and supplemental type
review of the fuel tank systems. We are comments received by the closing date certificate (STC)) holders to substantiate
proposing this AD to prevent the and may amend the proposed AD in that their fuel tank systems can prevent
potential for ignition sources inside fuel light of those comments. ignition sources in the fuel tanks. This
tanks caused by latent failures, We will post all comments we requirement applies to type design
alterations, repairs, or maintenance receive, without change, to http:// holders for large turbine-powered
actions, which, in combination with dms.dot.gov, including any personal transport airplanes and for subsequent
flammable fuel vapors, could result in information you provide. We will also modifications to those airplanes. It
fuel tank explosions and consequent post a report summarizing each requires them to perform design reviews
loss of the airplane. substantive verbal contact with FAA and to develop design changes and
DATES: We must receive comments on personnel concerning this proposed AD. maintenance procedures if their designs
this proposed AD by August 17, 2007. Using the search function of that Web do not meet the new fuel tank safety
ADDRESSES: Use one of the following site, anyone can find and read the standards. As explained in the preamble
addresses to submit comments on this comments in any of our dockets, to the rule, we intended to adopt
proposed AD. including the name of the individual airworthiness directives to mandate any
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• DOT Docket Web site: Go to who sent the comment (or signed the changes found necessary to address
http://dms.dot.gov and follow the comment on behalf of an association, unsafe conditions identified as a result
instructions for sending your comments business, labor union, etc.). You may of these reviews.
electronically. review DOT’s complete Privacy Act In evaluating these design reviews, we
• Government-wide rulemaking Web Statement in the Federal Register have established four criteria intended
site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR to define the unsafe conditions

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Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Proposed Rules 36371

associated with fuel tank systems that FAA’s Determination and Requirements paragraph (h). No other fleet-wide
require corrective actions. The of the Proposed AD inspections need to be done.
percentage of operating time during We have evaluated all pertinent
which fuel tanks are exposed to Changes to Fuel Tank System AWLs
information and identified an unsafe
flammable conditions is one of these condition that is likely to exist or Paragraph (g) of this proposed AD
criteria. The other three criteria address develop on other airplanes of this same would require revising the maintenance
the failure types under evaluation: type design. For this reason, we are program by incorporating certain
Single failures, single failures in proposing this AD, which would require information specified in D6–7552–AWL
combination with a latent condition(s), revising the FAA-approved maintenance March 2006. Paragraph (g) also allows
and in-service failure experience. For all program by incorporating the accomplishing the maintenance
four criteria, the evaluations included information in the service information
consideration of previous actions taken program revision in accordance with
described previously. The proposed AD later revisions of D6–7552–AWL March
that may mitigate the need for further also would require initial
action. 2006 as an acceptable method of
accomplishment of the repetitive compliance if they are approved by the
We have determined that the actions inspection specified in the AWLs to Manager, Seattle Aircraft Certification
identified in this AD are necessary to phase in that repetitive inspection, and Office (ACO), FAA. In addition, D6–
reduce the potential for ignition sources repair if necessary.
inside fuel tanks caused by latent 7552–AWL March 2006 specifies that
failures, alterations, repairs, or Explanation of Compliance Time any deviations from the published AWL
maintenance actions, which, in In most ADs, we adopt a compliance instructions, including AWL intervals,
combination with flammable fuel time allowing a specified amount of in document D6–7552–AWL must be
vapors, could result in fuel tank time after the AD’s effective date. In this approved by the Manager, Seattle ACO.
explosions and consequent loss of the case, however, the FAA has already Therefore, after doing the maintenance
airplane. issued regulations that require operators program revision, any further revision to
to revise their maintenance/inspection an AWL or AWL interval should be
Relevant Service Information done as an AWL change, not as an
programs to address fuel tank safety
We have reviewed the following issues. The compliance date for these alternative method of compliance
sections of Boeing 707/720 regulations is December 16, 2008. To (AMOC). For U.S.-registered airplanes,
Airworthiness Limitations (AWL) provide for efficient and coordinated operators must make requests through
Document D6–7552–AWL, Original implementation of these regulations and an appropriate FAA Principal
Release March 2006 (referred to this proposed AD, we are using this Maintenance Inspector (PMI) or
hereafter as ‘‘D6–7552–AWL March same compliance date in this proposed Principal Avionics Inspector (PAI) for
2006’’ or ‘‘document D6–7552–AWL,’’ AD, instead of the 18-month compliance approval by the Manager, Seattle ACO.
depending upon the associated text): time recommended by Boeing. A non-U.S. operator should coordinate
• Section B, ‘‘FUEL SYSTEMS Rework Required When Implementing changes with its governing regulatory
AIRWORTHINESS LIMITATIONS’’ AWLs Into an Existing Fleet agency.
• Section C, ‘‘SYSTEM AWL PAGE The maintenance program revision for Exceptional Short-Term Extensions
FORMAT’’ the fuel tank systems specified in
• Section D, ‘‘AIRWORTHINESS paragraph (g) of this proposed AD, D6–7552–AWL March 2006 has
LIMITATIONS—FUEL SYSTEMS’’ which involves incorporating the provisions for an exceptional short-term
information specified in D6–7552–AWL extension of 30 days. An exceptional
Those sections of D6–7552–AWL
March 2006, would affect how operators short-term extension is an increase in an
March 2006 describe new airworthiness
limitations (AWLs) for fuel tank maintain their airplanes. After doing the AWL interval that may be needed to
systems. The new AWLs include: maintenance program revision, cover an uncontrollable or unexpected
operators would need to do any situation. For U.S.-registered airplanes,
• An AWL inspection, which is a the FAA PMI or PAI must concur with
maintenance on the fuel tank system as
periodic inspection of certain features
specified in the CDCCLs. Maintenance any exceptional short-term extension
for latent failures that could contribute
done before doing the maintenance before it is used, unless the operator has
to an ignition source; and
program revision specified in paragraph identified another appropriate
• Critical design configuration control (g) would not need to be redone in order procedure with the local regulatory
limitations (CDCCL), which are to comply with paragraph (g). For authority. The FAA PMI or PAI may
limitation requirements to preserve a example, the AWL that requires fuel grant the exceptional short-term
critical ignition source prevention pumps to be repaired and overhauled extensions described in D6–7552–AWL
feature of the fuel tank system design per an FAA-approved component March 2006. without consultation with
that is necessary to prevent the maintenance manual (CMM) applies to the Manager, Seattle ACO. A non-U.S.
occurrence of an unsafe condition. The fuel pumps repaired after the AWLs are
purpose of a CDCCL is to provide operator should coordinate changes
revised; spare or on-wing fuel pumps do with its governing regulatory agency. As
instruction to retain the critical ignition not need to be reworked. For AWLs that
source prevention feature during explained in D6–7552–AWL March
require repetitive inspections, the initial 2006, exceptional short-term extensions
configuration change that may be inspection interval (threshold) starts
caused by alterations, repairs, or must not be used for fleet AWL
from the date the maintenance program
extensions. An exceptional short-term
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maintenance actions. A CDCCL is not a revision specified in paragraph (g) is


periodic inspection. done, except as provided by paragraph extension should not be confused with
Accomplishing the actions specified (h) of this proposed AD. This proposed an operator’s short-term escalation
in the service information is intended to AD would require only the maintenance authorization approved in accordance
adequately address the unsafe program revision specified in paragraph with the Operations Specifications or
condition. (g), and initial inspection specified in the operator’s reliability program.

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36372 Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Proposed Rules

Ensuring Compliance With Fuel Tank Changes to AMMs Referenced in Fuel For the reasons discussed above, I
System AWLs Tank System AWLs certify that the proposed regulation:
In other AWLs in D6–7552–AWL 1. Is not a ‘‘significant regulatory
Boeing has revised their applicable action’’ under Executive Order 12866;
March 2006, the AWLs contain all the
maintenance manuals and task cards to 2. Is not a ‘‘significant rule’’ under the
necessary data. The applicable section
address AWLs and to include notes DOT Regulatory Policies and Procedures
of the maintenance manual is usually
about CDCCLs. Operators that do not (44 FR 11034, February 26, 1979); and
included in the AWLs. Boeing intended
use Boeing’s revision service should this information to assist operators in 3. Will not have a significant
revise their maintenance manuals and maintaining the maintenance manuals. economic impact, positive or negative,
task cards to highlight actions that are A maintenance manual change to these on a substantial number of small entities
tied to CDCCLs to ensure that tasks can be made without approval by under the criteria of the Regulatory
maintenance personnel are complying the Manager, Seattle ACO, through an Flexibility Act.
with the CDCCLs. Appendix A of D6– appropriate FAA PMI or PAI, by the We prepared a regulatory evaluation
7552–AWL March 2006 contains a list governing regulatory authority, or by of the estimated costs to comply with
of Air Transport Association (ATA) using the operator’s standard process for this proposed AD and placed it in the
sections for the revised maintenance revising maintenance manuals. An AD docket. See the ADDRESSES section
manuals. Operators may wish to use the acceptable change would have to for a location to examine the regulatory
appendix as an aid to implement the maintain the information specified in evaluation.
AWLs. the AWL such as the pass/fail criteria or List of Subjects in 14 CFR Part 39
special test equipment.
Recording Compliance With Fuel Tank Air transportation, Aircraft, Aviation
System AWLs Costs of Compliance safety, Safety.
The applicable operating rules of the There are about 213 airplanes of the The Proposed Amendment
affected design in the worldwide fleet.
Federal Aviation Regulations (14 CFR Accordingly, under the authority
This proposed AD would affect about 76
parts 91, 121, 125, and 129) require delegated to me by the Administrator,
airplanes of U.S. registry. The proposed
operators to maintain records with the the FAA proposes to amend 14 CFR part
actions would take about 8 work hours
identification of the current inspection per airplane, at an average labor rate of 39 as follows:
status of an airplane. One AWL cited in $80 per work hour. Based on these
D6–7552–AWL March 2006 is an PART 39—AIRWORTHINESS
figures, the estimated cost of the
inspection for which the applicable DIRECTIVES
proposed AD for U.S. operators is
sections of the operating rules apply. $48,640, or $640 per airplane. 1. The authority citation for part 39
The other AWLs are CDCCLs, which are continues to read as follows:
tied to on-condition maintenance Authority for this Rulemaking
actions. An entry into an operator’s Authority: 49 U.S.C. 106(g), 40113, 44701.
Title 49 of the United States Code
existing maintenance record system for specifies the FAA’s authority to issue § 39.13 [Amended]
corrective action is sufficient for rules on aviation safety. Subtitle I, 2. The Federal Aviation
recording compliance with CDCCLs, as Section 106, describes the authority of Administration (FAA) amends § 39.13
long as the applicable maintenance the FAA Administrator. Subtitle VII, by adding the following new
manual and task cards identify actions Aviation Programs, describes in more airworthiness directive (AD):
that are CDCCLs. detail the scope of the Agency’s
authority. Boeing: Docket No. FAA–2007–28381;
Changes to CMMs Cited in Fuel Tank We are issuing this rulemaking under Directorate Identifier 2006–NM–164–AD.
System AWLs the authority described in Subtitle VII, Comments Due Date
Part A, Subpart III, Section 44701, (a) The FAA must receive comments on
Some of the AWLs in D6–7552–AWL
‘‘General requirements.’’ Under that this AD action by August 17, 2007.
March 2006 refer to specific revision
section, Congress charges the FAA with
levels of the CMMs as additional Affected ADs
promoting safe flight of civil aircraft in
sources of service information for doing air commerce by prescribing regulations (b) None.
the AWLs. Boeing is referencing the for practices, methods, and procedures
CMMs by revision level in the Applicability
the Administrator finds necessary for
applicable AWL for certain components (c) This AD applies to all Boeing Model
safety in air commerce. This regulation 707–100 long body, –200, –100B long body,
rather than including information is within the scope of that authority
directly in document D6–7552–AWL and –100B short body series airplanes; Model
because it addresses an unsafe condition 707–300, –300B, –300C, and –400 series
because of the volume of that that is likely to exist or develop on airplanes; and Model 720 and 720B series
information. As a result, the Manager, products identified in this rulemaking airplanes; certificated in any category.
Seattle ACO must approve the CMMs. action. Note 1: This AD requires revisions to
Any later revision of those CMMs will certain operator maintenance documents to
be handled like a change to the AWL Regulatory Findings include new inspections and maintenance
itself. Any use of parts (including the We have determined that this actions. Compliance with these limitations is
use of parts manufacturer approval proposed AD would not have federalism required by 14 CFR 43.16 and 91.403(c). For
(PMA) approved parts), methods, implications under Executive Order airplanes that have been previously
techniques, and practices not contained 13132. This proposed AD would not modified, altered, or repaired in the areas
addressed by these limitations, the operator
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in the CMMs need to be approved by the have a substantial direct effect on the
may not be able to accomplish the actions
Manager, Seattle ACO, or governing States, on the relationship between the described in the revisions. In this situation,
regulatory authority. For example, national Government and the States, or to comply with 14 CFR 43.16 and 91.403(c),
operators that have developed pump on the distribution of power and the operator must request approval for
repair/overhaul manuals must get them responsibilities among the various revision to the airworthiness limitations
approved by the Manager, Seattle ACO. levels of government. (AWLs) in the Boeing 707/720 Airworthiness

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Federal Register / Vol. 72, No. 127 / Tuesday, July 3, 2007 / Proposed Rules 36373

Limitations (AWL) Document D6–7552– issuance of the original export certificate of initial performance of certain repetitive
AWL, Original Release March 2006, as airworthiness, whichever occurs first. inspections specified in the AWLs to
specified in paragraph (g) or (i) of this AD, (2) Within 72 months after the effective phase in those inspections, and repair if
as applicable. date of this AD. necessary. This proposed AD results
Note 2: For the purposes of this AD, a from a design review of the fuel tank
Unsafe Condition detailed inspection is: ‘‘An intensive systems. We are proposing this AD to
(d) This AD results from a design review examination of a specific item, installation,
of the fuel tank systems. We are issuing this or assembly to detect damage, failure, or
prevent the potential for ignition
AD to prevent the potential for ignition irregularity. Available lighting is normally sources inside fuel tanks caused by
sources inside fuel tanks caused by latent supplemented with a direct source of good latent failures, alterations, repairs, or
failures, alterations, repairs, or maintenance lighting at an intensity deemed appropriate. maintenance actions, which, in
actions, which, in combination with Inspection aids such as mirror, magnifying combination with flammable fuel
flammable fuel vapors, could result in fuel lenses, etc., may be necessary. Surface vapors, could result in fuel tank
tank explosions and consequent loss of the cleaning and elaborate procedures may be explosions and consequent loss of the
airplane. required.’’ airplane.
Compliance Alternative Methods of Compliance DATES: We must receive comments on
(e) You are responsible for having the (AMOCs) this proposed AD by August 17, 2007.
actions required by this AD performed within (i)(1) The Manager, Seattle ACO, has the ADDRESSES: Use one of the following
the compliance times specified, unless the authority to approve AMOCs for this AD, if
actions have already been done. addresses to submit comments on this
requested in accordance with the procedures
found in 14 CFR 39.19.
proposed AD.
Service Information • DOT Docket Web site: Go to
(2) To request a different method of
(f) The term ‘‘D6–7552–AWL March 2006,’’ compliance or a different compliance time http://dms.dot.gov and follow the
as used in this AD, means Boeing 707/720 for this AD, follow the procedures in 14 CFR instructions for sending your comments
Airworthiness Limitations Document D6– 39.19. Before using any approved AMOC on electronically.
7552–AWL, Original Release March 2006. any airplane to which the AMOC applies, • Government-wide rulemaking Web
Revision of AWLs Section notify your appropriate principal inspector site: Go to http://www.regulations.gov
(PI) in the FAA Flight Standards District and follow the instructions for sending
(g) Before December 16, 2008, revise the
Office (FSDO), or lacking a PI, your local
FAA-approved maintenance program by your comments electronically.
FSDO.
incorporating the information in the sections • Mail: U.S. Department of
specified in paragraphs (g)(1) through (g)(3) Issued in Renton, Washington, on June 22, Transportation, Docket Operations, M–
of this AD, except that the initial inspection 2007. 30, West Building Ground Floor, Room
specified in paragraph (h) of this AD must be Ali Bahrami, W12–140, 1200 New Jersey Avenue SE.,
done at the time specified in paragraph (h). Manager, Transport Airplane Directorate, Washington, DC 20590.
Accomplishing the revision in accordance Aircraft Certification Service.
with a later revision of Boeing 707/720 • Fax: (202) 493–2251.
Airworthiness Limitations Document D6– [FR Doc. E7–12818 Filed 7–2–07; 8:45 am] • Hand Delivery: Room W12–140 on
7552–AWL is an acceptable method of BILLING CODE 4910–13–P the ground floor of the West Building,
compliance if the revision is approved by the 1200 New Jersey Avenue SE.,
Manager, Seattle Aircraft Certification Office Washington, DC, between 9 a.m. and 5
(ACO), FAA. DEPARTMENT OF TRANSPORTATION p.m., Monday through Friday, except
(1) Section B., ‘‘FUEL SYSTEMS Federal holidays.
AIRWORTHINESS LIMITATIONS,’’ of D6– Federal Aviation Administration
Contact Boeing Commercial
7552–AWL March 2006.
(2) Section C., ‘‘SYSTEM AWL PAGE Airplanes, P.O. Box 3707, Seattle,
14 CFR Part 39
FORMAT,’’ of D6–7552–AWL March 2006. Washington 98124–2207, for the service
(3) Section D., ‘‘AIRWORTHINESS [Docket No. FAA–2007–28389; Directorate information identified in this proposed
LIMITATIONS—FUEL SYSTEMS,’’ of D6– Identifier 2006–NM–171–AD] AD.
7552–AWL March 2006. RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT:
Initial Inspection and Repair if Necessary Kathrine Rask, Aerospace Engineer,
Airworthiness Directives; Boeing Propulsion Branch, ANM–140S, FAA,
(h) At the later of the times specified in
paragraphs (h)(1) and (h)(2) of this AD: Do a Model 777–200, –200LR, –300, and Seattle Aircraft Certification Office,
detailed inspection of external wires over the –300ER Series Airplanes 1601 Lind Avenue SW., Renton,
center fuel tank for damaged or loose clamps, AGENCY: Federal Aviation Washington 98057–3356; telephone
wire chafing, and wire bundles in contact
Administration (FAA), Department of (425) 917–6505; fax (425) 917–6590.
with the surface of the center fuel tank, in SUPPLEMENTARY INFORMATION:
accordance with Section D, Transportation (DOT).
‘‘AIRWORTHINESS LIMITATIONS—FUEL ACTION: Notice of proposed rulemaking Comments Invited
SYSTEMS,’’ AWL number 28–AWL–01, of (NPRM).
D6–7552–AWL March 2006. If any We invite you to submit any relevant
discrepancy is found during this inspection, SUMMARY: The FAA proposes to adopt a written data, views, or arguments
repair the discrepancy before further flight in new airworthiness directive (AD) for regarding this proposed AD. Send your
accordance with D6–7552–AWL March 2006. certain Boeing Model 777–200, –200LR, comments to an address listed in the
Accomplishing the actions required by this –300, and –300ER series airplanes. This ADDRESSES section. Include the docket
paragraph in accordance with a later revision proposed AD would require revising the number ‘‘FAA–2007–28389; Directorate
of D6–7552–AWL March 2006 is an Airworthiness Limitations (AWLs) Identifier 2006–NM–171–AD’’ at the
acceptable method of compliance if the
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section of the Instructions for Continued beginning of your comments. We


revision is approved by the Manager, Seattle
ACO.
Airworthiness by incorporating new specifically invite comments on the
(1) Before the accumulation of 36,000 total limitations for fuel tank systems to overall regulatory, economic,
flight cycles, or within 120 months since the satisfy Special Federal Aviation environmental, and energy aspects of
date of issuance of the original standard Regulation No. 88 requirements. This the proposed AD. We will consider all
airworthiness certificate or the date of proposed AD also would require the comments received by the closing date

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