### 68432 Federal Register/Vol. 71, No. 227/Monday, November 27, 2006/Rules and Regulations

How many labor hours were required
to become compliant with the interim rule, nnd Wh,lttypes oflllbor were requirod? What types oflabor activities

were required (e'.g., strategic plauning. software and systems development. training), aod how much time was spent

on each activity? What categories of personnel were required. and what were costs for each category oflabor? What total labor costs were incurred?

Maintenance Costs

What costs <Ireincurred annullily by affected retailers and their suppliers to maint<lin compliance with the interim rule? What ifany, changes in operational procedures are required to maintaiJ1 compliance the requirements oflhe inturim rule'!
What capital replacement !.:Oslsare incurred?
How many lahor hOllIS are incurred annually? What activities are performed [c.g., label application. data entry, softwllre maintenance. training]. and how much time is spent on each activity? What categories ofpersonnel

arc required. and what are costs for each category oflabor? What total labor costs

are incurred?

Benefits

What economic benefits h",ve resulted from implementation ofthe interim rule?
Has there been auy overall demand response as aresult ofthe labeling requirements for country oforigin and method ofproduction offish and shellfish?
What product selection and purchase responses frurn customers havo been observed as aresult ofthe laheling progr<lm'f Do customers seek and act on the country oforigin and method of production information?
Ilave customers modified their purchase decisions based on the COWltry oforigln for laheled fish and shellfish products? [fso, how?
Have customers modified their purchase decisions based on the method ofproduction (farm-raised and/or wild) for labuled fish and shellfish products? Usa, how?

Nel f.conomic Impact

Whal are the !let economic impacts resulting from implementation ofthe interim final rule? Are the benefits greuler or less than the costs of iIII plementlltion '! Authority: 7 V.S.C. 1621 !'II 

### ~'eq. Dated: November 20, 2006.

Lloyd C Day, Administrator. Agricultural Marketing Service. [FRDoc. E6-19962 Filed 11-24-06: 8;45 ami

f1llUNG COCIE341~_P

DEPARTMENT OFTRANSPORTATION

Federal Aviation Administration

14CFR Part 39 [Docket No.FAA-2006-24814; Directorate Identifier 2006-NM-Q93-AO; Amendment 39-14833; AD2006-24-04]
RIN 212Q-AA64

Airworthiness Directives; Boeing Model 767 Airplanes AGENCY;

Pederal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule.

SUMMARY:

The FAA is adopting anew airwortbJness directive (AD) for all Boeing Model 767 airplanes. This AD requires repetitive detailed and high frequency eddy current (HFEC) inspections ofthe station (5TAl1809.5 bulkhead for cracking and correcti ve actions ifnecessary. This AD results from fatigue cracks found illthe forward
outer chord and horizontal inlJer chord
at STA 1809.5. We are issuing this AD 10detect and correct t:racking in the bulkhead structure at STA 1809.5. which could result in failure ofthe bulkhead structure for carrying the flight loads ofthe horizontal stabilizur, and consequent loss ofcontrollability of the airplane. DATES:This AD becomes effective January 2. 2007. The Direclor ofthe Federal Register approved the incorporation by reference ofa certaill publication listed in the AD

as ofJanuary 2, 2007. AODRESSES:

You may examine the f\ll docket on the Internet at

### http:// dms.dot.gov or in.person at the Dock(~t Management Faciiity, U.S. Department ofTransportation, 400 Seventh Strc()t, SW., Nassi

## rBuilding, Room PL--401. Washington. Dc' Contact Boeing Commercial Airplanes. P.O. Box 3707, Seattle, Washington 98124-2207. for service infornlation identified in this AD. FORFURTHER

INfORMATION

CONTACT; Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S. FAA. Seattle Aircraft Certificlltion Office, 1601 Lind Avenue, SW" Renton, Washington 9B057-3356; telephOile [425) 917-5447: fax (425) 917--6590. SUPPLEMENTARY INfORMATION; Examining the Docket
You mav eX(lminl;)the airworthiness directive (AD) docket on the internet at 

### hnp://dms.dot,gov or in person althe Docket Management Facility office between 9 a.ill. and 5 p.m"Mooday through Friday. except Federal holidays. The Docket MaIlagement facility office (telephone (800) 6';7-5227) is located on the plaza level ofthe Nassif Building at the street address stated in the ADDRESSES

section.
Discussion The FAA issued anotice ofproposed rulemaking (NPRMl to amend 14 CJ--R part 39 to include an ADthat would apply to all Boeing Model 767 airplan(;S. Tha! NPRM was published in the Federal Register on May 22, 2006 (71 FR 29275). That NPRM proposed to require repetitive detailed and high frequenr.y eddy current (HFEC) inspections ofthe station (STA) 1B09.5 bulkhead for cracking and corrective <,:ctionsiInecessary.
Comments
We provided the publiC the opportunity to participate in the development ofthis AD. We have considered the comments received. Support for the NPRM Boeing and Contilllmtal Airlines agree with Ute NPRM, while the Air Transport Association (ATA) agrees with the intent ofthe NPRM. RequtlSt To Add Terminating Action
The Air Transport Association [ATA) ofAmerica, on behalf ofDelta Airlines. requests that we revise the NPRM to allow accomplishment ofcertain actions in the applicable Boeing structural repair manual (SRM) as terminating action for the repetitive inspections. Although the NPRM proposes to require accomplishing the SRM repair only if cracking is found, Delta would like to accomplish the SR.Mrepair al its next heavy maintenance visit. regardless of inspection findings. Deita also requests that. ifthe SRM repair is accomplished before rinding any I;racking. certain actions called out in the SRM, such as cutting Quidamaged afCas and installing filler. not be required as part oflhe terminating action. We agree to revise the requirements of this AD. The repetitive actions required by this AD may be terminated by accomplishing certain actions in Repair 9 or Repair 10. both dated April 15, 2005, ofChapter 53-80-DlJ of !:loeing 7li7-200 SRM, Document 063'1'1'201; Boeing 767-300 SRM, Document

### Federal Register (VoL 71, No. 227(Monday, November 27, 2006(Rules and Regulations 68433

06341'210: Boeing 767-300F SRM. Document D634T215: orBoeing 767- 400 SIUvl,Document D6341'225; as applicable. Operators should note that to maintain the LypecerLification ofthl:! airplane after accomplishing the SRM repair. the supplemental inspections specified in the SRM must also be accomplished. These supplemental inspections are outside ofthe requirements ofthi~ AD, Wehave added

anew paragraph (h)to this ADto provide an option<ll terminating action. Repair 9 describes procedures for repairing aforward outer chord betwc;:m 5-4 <IodS-8 and doing repetitive supplemenLal inspections. The supplemental insptlctiolls are a (1) Detailed inspection ofthe repair angles. fillers, skin bulkhead web and visible parts ofthe buLkllead outer chord, and

a 2,O-inch·wide zone around the repair interuaJly and externally and (2)low frequency eddy current inspection of the forward outer chord interna(Jy through acertain <Ingle.Repair 10 describes procedures forrepairing a lHJrizonta! inner chord at approximattlly water Une (WL)257 and buttock line (BL) 28 and doing repetitive supplemental inspections. The supplemental inspection is adetailed inspection ofthe repair angles. fillers. visible purts oftile bulkhead inner chord, adjacent structure, and a2.0- inch-wide zone around the repair internally. Request for Credit for Previously Accomplisned Repairs The ATA. on behalf ofDelta Airlines, also requests ilial we add anote stating that repairs aceomplished previously in accordance with the applicable SRM, as reFerenced by Boeing Alert Service Bulletin 767-53A0131. dated March 30. 2006, terminate the requirements ofthis AD. Delta states that neither the NPRM

nor the service bulletin addresses SRM repairs accomplished before the effective date ofthis AD. Delta also slates ifno note is added to the NPRM.

an operator may feel obliged to obtain

an alternative method ofcompli<lnce [AMOC) forpreviously accomplished repairs. Weagree to provide credit for a previously accomplished l:Upairifthe repair was done after fiading cracking. Accomplishment ofRepair 9 for a forward outer chord orRepair 10 for a horizontal inner chord before the errective date ofthis AD.ill accordance with the applicuble SRM, is acceptable for compliance wil.hthe inspections and corrective actions required by paragraph ([)ofthis ADforthat area only. Operators must <Iccomplish all ofthe actions in Repair 9or Repair 10. as applicable. We have added anew paragraph (i)to this ADto provide credit. Rp.questTo Provide Repair Data
The ATA. on behalf ofUS Airwavs, requests that, before we issue the A'D, Boeing either revise Alert Service Bulletin 767-53A0131 to include instructions for repairing cracking. or include them inthe SRM. US Airways states that the service bulletin does not contain instructions forrepairing cracking found in the fuselage skin: instead, the service bulletin specifies contacting Boeing forrepair instructions. (The service bulletin and referenced SRMs only contain instructions to repair cracking found in

aforward outer chord orhorizontal inner chord.) The commenter states that providing the FAA-approved repair dat<l will reduce the administrative burden between an operator and the Boeing Commercial Airplanes Delegation Option Authorization Organization. regarding repair approvals. The
commenter also states that providing the repair dala would expl:1diterepairs and return airplanes to revenue service in a timely manner. We-do not agree to publish F'AAapproved repair data for cracking found in the fuselage skin. Weacknowledge that the service bulletin and upplicable SRM do not contain instructions to repair fuselage skin cracking. However, the time needed to develop and approve fuselage skin repairs would delay addressing the llllsat'econdition inthe forward outer chord and horb!:ontal inner chord oftha STA 1809.5 bulkhead. To delay this action would be inappropriate, since we have determined that an unsafe condition exists and that inspections and repair. if necessary. must be conducted to ensure continued safety. We have not revised this ADin this regard.
Conclusion 'liVe have carefully reviewed the available data. including the comments rel.-eived. and determined that air safcty and the public interest require <Idopting the ADwith the changes described previously. We have determined that these changes will neither increa~e the economic burden on lillYoperator nor increase the scope ofthe AD.
Costs ofCompliance
There are about 903 airplanes ofthe affected design inthe worldwide I1tlet. This AD affects about 405 airplanes of US registry. The required actions take about 12work hours per airpl<lne, at an average labor rate ofS80 per work hour. Based on these figures, the estimated cost ofthe AD forU.S. operators is $388,800, or $960 per airplane. per inspection cycle. Authority forThis Rulemaklng

Title 49 ofthe United States Code specifies the FAt\'s authority to issue ntles all aviation sarety. Subtitle 1, Section 106. describes the authority of the FAA Administrator. Subtitlf! VII. Aviation Programs. de5cribes in more detail the scope ofthe Agency's authority. We are issuing this rulemakillg under the authority described in Subtitle VII. Part A. Subpart ill. Section 44701. "General requirements." Und(;r that section, COllgress charges the FAA with promoting safe flight ofcivil aircraft in air commerce by prescribing regulation~ for practices, methods. and procedures the Admitlistrator finds necessury for safety in air commerce. This regulation is within the scope ofiliat authority because itaddresses an unsafe condition that is likely to exist or develop on products identified in this rulelllaking ac.:tion. Regulatory F'indings

We have determined that this ADwill not have federalism implications under Executive Order 13132, Tbis ADwill
not have a substantial direct effect on the States. on the relationship between the nation<ll government and the States.

or on the distribution ofpower and respollsibiHties among the various levels ofgovernmetlt. For the reasons discussed above, I certify th<ltthis AD; (1) (snot a "significant regulatory action" under Executive Order 12866; (2)Is not a "significant rule" under DOTRegulatory Policies and Procedures (44FR 11034. February 26, 1979): and (3)WiUnot have a significant economic impact. positive ornegative,

on a substantial number ofsmall entities under the criteria ofthe Regul(ltory Flexibility Acl. We prepared aregulatory cV<lluation ofthe estimated costs to comply with this AD and placed itinthe AD docket. See the ADDRESSES

section for alocation to examine tho regulatory evaluation.
List ofSubjects in 14Ci'R Pari 39
Air transportation, Aircraft, Aviation safety. Incorporation byreference, Safety. Adoption ofthc Amendment

• Accordingly. under the authority delegated to me bythe Administrator. the FAA amends 14CFRpart 39 as follows:

### 68434 Federal Register! Vol. 71, No. 227/Monday, November 27, 2006/Rules and Regulations

PART 39-AIRWORTHINESS DIRECTIVES

I:lIl, The authority citation for part 39 continues to read ll, fGllows: Aulhority: 49 U.$.C. l00{g). 40113. 44701.
§39.13 [Amendedl

t:I2. The Federal Aviation Administration (FAA) amends §39.13 

### by adding the following new airworthiness diwctive (AD):
2.006-24-04 Boeing: Amendmeot 39-14833. Docket No. l"AA-ZOOli-24B 14: Directorute ldmltifier 2001,l-NM-093-AD.

Effective Date [a)This AD becomes effective January 2. 2007.

Affecled ADs (b) None. Applicability [el This ADapplies to all Boeing Model 767-200. -300, -3001'. and -400ER series airplanes, certificalod in any calegory.

- Unsare Condition (d) This ADresults from fatigue cracks found in the forward outer clJord and horiT.ontal inner cbom at station (STA) 1609.5. We are issuing this ADto detect and correel cracking in the bulkhead structure at STA 11109.5.which couid resl1l1 in failure of lhe bulkhead ,truclure for carrying the flight loads ofthe horiznntal st~bjli~.er, alld cOll~aquenl loss orcontrollabilily or the airplane. Cump!iam:e
lei You 'Ire responsible for ba.ving the actions required by this AD pmormOil within the mmpllance times specified, unless the actions have already been done. Repetitive Inspections and Correo:::tive Adions (f) Adore the accwilulatiou uf 15,000 lotal l1ight c:ydes, or within 3.000 11igbtcycles after the effective datil ofthis AD, whic:hever is later: Dothll detaillld and high frequency eddy current IHFEe} inspl'ctions fur cracking

as specified in Parts 1,2,3. and 4 ofth •• Accomplishmllnt Instructions ofBoeing Alen Service Bulletin 767-53A0131, datlld March 30. 2006; and do all corrocli,'1l actions before further flight: by accomplishing all the ae-Hom specified in the Accomplisbment instructions ofijueing Alert Service Bulletin 767-53A0131. daled March 30, 2006. excepl Ii, provided by pamgraph (gloflhi, 1\0. Repeat the inspections thereartur at intervals
out to exceed 6.00U flight CyclllS. Accomplisbing the corrective action fo, the inspection, specified in Part 1. 2. 3. or '"of the service bulletin. as applicable. temlinates the repetitive inspections for that area only. Exception 10ServiCf,!Bufletin (g) Ifany crar:king is found in the skin or in aIlv structl1re other than thu forward outer chord or borizv"tal inner chord, during any inspection r~qll\red by this AD, ,md Boeing Alert Servi~e Bulletin 767-53AD131. dated March 30. 2006. specifies to conlact Boeing for appropriate action: Befol1)further flight. repair ilia cra~king using alIlethod approved in ac~ordance with the procedures specified in paragraph (jlofthi, AD. Optional Terminating Action {hjlf no cracking is found during the most recent detailed and HFEC inspections for a specified area as required by paragraph (0 of this AD: Modificatio" ofaspecified area according to a method approved by the Managur. Seattle Aircraft Certification Office (ACO], FAA. terminates tlle repetitive inspections required by paragraph [f1ofthis ADfor that atea unlv. For a forward OlltQ" cbord. one approved methud is accomplishment ofthe actions in Steps 4.A through 4.C and 4.G through 4.1' ofRepair 9, dated April 15. 2006. ofChapler 53-8Q--06 of the Boeing 767-200 Structural Repair Manual ISRMJ, Document 0634T20t; Boeing 767- 300 SRM. Documenl D634T21O; Boeing 76;- 300F SRM, Document 0634T215; or Boeing 767-400 SRM, Oocumaut 0634T225; as applicable. For a horizontal illner chord, oue approved method is accomplishmenl ofthe action, in Slep" 4.1'1,4.B. and ".F through 4.P ofRepair 10. dated April 15. 2006, ofChapter 53-80-08 ofthe Boeing 767-200 SR,\.1, OOCUlllentU634T201; Boeing 767-JOO SRM, Document D634T21D: Boeing 767-JOOF SRM. Document 0634T215; OrBoeing 767-400 SRi\-i,Document 0634T225; as applicable.

Credit for Previously Accomplished Repairs (il Repair ofa rorward outer chord dona before the effective dale ofthis ADin accordancu with Repair g, rl~ted April 15. 2006. ofChapter 53---/l0-o8 oj"tha Boeing 767-Z00 SRM, Document D634T201; Boeing 757-300 SRM. Oo~umenl 0634'1"210; Boeiug 767-300F SRM. Document OO34T215; or Boeing 767-400 SRM. Document 0634T225:

as applicable: is acceptable for complian~e with the requiremeots ofparagraph 10ofthis AD for that area only. Repair ofahorizontal inner chord before the effective date oflhis AD in accordance with Repair 10, dated April 15, 2006. ofChapter 53-80-08 ofthe Boeiug 707-Z0U SRM, DocumentlJ634T201; Boeing 767-300 SRM, Document D634"1'210; Boeing 767-3UOF SRM, Document D634T215:

or Boeing 767-400 SRM. Document D634T225; as applicable; is al:'Ceptable for compliance with the requirements of paragraph (0 ofthis AD for that area only.

Alternative Methods ofCompliance (AMOCs) (j)(1)The Manager. Seattle ACO, FAA. has the authority to approve AMOCs for this AD, ifrcqucstcd ill accordu<lCAwith lite procedures fouad in 14 eFR 39.19. (2) Befo•.••

using any AMOC approved in

accomanca with §39.19 on aoy airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA ~'light Standards Certificate Holding District Office. (3) An AMOC that provides an acceptable le"'el ofsafety may be used for any repair required by this AD, ir Itis approved by an Authorized Representative rorthe Boeing Commel'cial Airplane, Delegation Option Authorization Organiz>tUon. who has been aulhorized by the Manager. Seattle ACO, to make those findings. For arepair method to be approved, the repair must meet the certificaliull basis oftho airplane. and the approval must spcdficaJly refer tu this AD. Mat"riallncorpurated by Referellce (k) You must use Boeing Alert Service Builetin 767-5JA0131, dated March 30. 2006, to perform the actions Iilat are required by this AD. unless the AD specifies ol:herwise. The Director ofthe Federal Register approved the incorporation by

rererence ofthis document in accordance with 5 U.S.c. 552(a) and 1 eFR parl 51. Contact Boaing COJllrnercial Airplanes. P.O. Box 3707, Sealtlo, Washington 9S124-2W7, fur a ~upy ofthis service information. You may review copies at the Docket Management Facility. U.S. Departmllut ofTransportation. 400 Seventb Street. SW

.. Room PI.-401. Nassif Building. Washington, DC;on the Intemet at hllp:J/dms.dot.gov: or at Ihe National Archives and Realms Administration [NARA). For infonnalion on the availability ofthis rnaturial at the NARA. call (20ll H 1::.0030. orgo to hUp:!1 w"'IV.arch' ves.govlji:deraCregister/ code_ofJeduroC,eguJaliollsl ior_loca!iolls.htmJ.

issued in XenlOlI, Washington. on November g, 2006. Kalene C. Yanamura. Acting Manager, TransportAirplone Directorate. Aircraft Certification Service. (F'RDoc. E6-19797 Filed 11-24-06: 8'45 am]

B'LL''lGCOOE4~10-13-P

DEPARTMENT OFTRANSPORTATION

Federal Aviation Administration

14 CFR Part 39
{Docket No. FAA-2005-26386; Direclorate Identifier 2006-NM-234-Al>; Amentlmenl 39-14834; AD2006-24-05]

RIN2120-AA64

Airworthiness Directives; Boeing Model 747 Airplanes
AGENCY;Federal Aviation Administration (FAA). Department of Transportation (DOT).
ACTION:Final rule; request for
comments.

SUMMARY:The FAA is adopting a new airworthiness directive (AD) for certain Boeing Model 747 airplanes. This AD requires repetitive inspections for any cracking of the fuselage skin in section 41 of the airplane. and related investigative and corrective actinns if neCeSsarY. This AD results from a report of fatigu~ cracks fonnd in the skin in sedion 41 of the fuselage, on an in· service Model 747 airplaoe, We am issuiog this AD 10detect and correct fatigue cracks at the fasteller rows of the fuselclge skin in section 41, which could