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,lt types of lllbor were

requirod? What types of labor 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 of labor? What

total labor costs were incurred?

Maintenance Costs

What costs <Ire incurred annullily by

affected retailers and their suppliers to

maint<lin compliance with the interim

rule? What if any, 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

acti vity? What categories of personnel

arc required. and what are costs for each

category of labor? What total labor costs

are incurred?

Benefits

What economic benefits h",ve resulted

from implementation of the interim

rule?

Has there been auy overall demand

response as a result of the labeling

requirements for country of origin and

method of production of fish and

shellfish?

What product selection and purchase

responses frurn customers havo been

observed as a result of the laheling

progr<lm'f Do customers seek and act on

the country of origin and method of

production information?

Ilave customers modified their

purchase decisions based on the COWltry

of origln for laheled fish and shellfish

products? [f so, how?

Have customers modified their

purchase decisions based on the method

of production (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 of the

interim final rule? Are the benefits

greuler or less than the costs of

iIIIplementlltion '!

Authority: 7 V.S.C. 1621 !'II~'eq.

Dated: November 20, 2006.

Lloyd C Day,

Administrator. Agricultural Marketing

Service.

[FR Doc. E6-19962 Filed 11-24-06: 8;45 ami

f1llUNG COCIE341~_P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24814; Directorate

Identifier 2006-NM-Q93-AO; Amendment

39-14833; AD 2006-24-04]

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 a new

airwortbJness directive (AD) for all

Boeing Model 767 airplanes. This AD

requires repetitive detailed and high

frequency eddy current (HFEC)

inspections of the station (5T Al1809.5

bulkhead for cracking and correcti ve

actions if necessary. This AD results

from fatigue cracks found ill the forward

outer chord and horizontal inlJer chord

at STA 1809.5. We are issuing this AD

10 detect and correct t:racking in the

bulkhead structure at ST A 1809.5.

which could result in failure of the

bulkhead structure for carrying the

flight loads of the horizontal stabilizur,

and consequent loss of controllability of

the airplane.

DATES:This AD becomes effective

January 2. 2007.

The Direclor of the Federal Register

approved the incorporation by reference

of a certaill publication listed in the AD

as of January 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

of Transportation, 400 Seventh Strc()t,

SW., Nassi r Building, Room PL--401.

Washington. Dc'

Contact Boeing Commercial

Airplanes. P.O. Box 3707, Seattle,

Washington 98124-2207. for service

infornlation identified in this AD.

FORFURTHERINfORMATIONCONTACT;

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 al the

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 of the Nassif Building at

the street address stated in the

ADDRESSESsection.

Discussion

The FAA issued a notice of proposed

rulemaking (NPRMl to amend 14 CJ--R

part 39 to include an AD that 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 of the station (STA) 1B09.5

bulkhead for cracking and corrective

<,:ctions iI necessary.

Comments

We provided the publiC the

opportunity to participate in the

development of this 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 of the NPRM.

RequtlSt To Add Terminating Action

The Air Transport Association [ATA)

of America, on behalf of Delta Airlines.

requests that we revise the NPRM to

allow accomplishment of certain 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.M repair al its next

heavy maintenance visit. regardless of

inspection findings. Deita also requests

that. if the SRM repair is accomplished

before rinding any I;racking. certain

actions called out in the SRM, such as

cutting Qui damaged 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, of Chapter 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: or Boeing 767-

400 SIUvl, Document D6341'225; as

applicable. Operators should note that

to maintain the Lype cerLification of thl:!

airplane after accomplishing the SRM

repair. the supplemental inspections

specified in the SRM must also be

accomplished. These supplemental

inspections are outside of the

requirements of thi~ AD, We have added

a new paragraph (h) to this AD to

provide an option<ll terminating action.

Repair 9 describes procedures for

repairing a forward outer chord betwc;:m

5-4 <IodS-8 and doing repetitive

supplemenLal inspections. The

supplemental insptlctiolls are a (1)

Detailed inspection of the repair angles.

fillers, skin bulkhead web and visible

parts of the 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 a certain <Ingle.Repair 10

describes procedures for repairing a

lHJrizonta! inner chord at approximattlly

water Une (WL) 257 and buttock line

(BL) 28 and doing repetitive

supplemental inspections. The

supplemental inspection is a detailed

inspection of the repair angles. fillers.

visible purts of tile bulkhead inner

chord, adjacent structure, and a 2.0-

inch-wide zone around the repair

internally.

Request for Credit for Previously

Accomplisned Repairs

The ATA. on behalf of Delta Airlines,

also requests ilial we add a note 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 of this

AD. Delta states that neither the NPRM

nor the service bulletin addresses SRM

repairs accomplished before the

effective date of this AD. Delta also

slates if no note is added to the NPRM.

an operator may feel obliged to obtain

an alternative method of compli<lnce

[AMOC) for previously accomplished

repairs.

We agree to provide credit for a

previously accomplished l:Upairifthe

repair was done after fiading cracking.

Accomplishment of Repair 9 for a

forward outer chord or Repair 10 for a

horizontal inner chord before the

errective date of this AD. ill accordance

with the applicuble SRM, is acceptable

for compliance wil.h the inspections and

corrective actions required by paragraph

([) of this AD for that area only.

Operators must <Iccomplish all of the

actions in Repair 9 or Repair 10. as

applicable. We have added a new

paragraph (i) to this AD to provide

credit.

Rp.quest To Provide Repair Data

The ATA. on behalf of US 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 in the SRM. US Airways

states that the service bulletin does not

contain instructions for repairing

cracking found in the fuselage skin:

instead, the service bulletin specifies

contacting Boeing for repair

instructions. (The service bulletin and

referenced SRMs only contain

instructions to repair cracking found in

a forward outer chord or horizontal

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:1dite repairs 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. We acknowledge

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'e condition in the

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 AD in this regard.

Conclusion

'liVehave carefully reviewed the

available data. including the comments

rel.-eived. and determined that air safcty

and the public interest require <Idopting

the AD with the changes described

previously. We have determined that

these changes will neither increa~e the

economic burden on lillYoperator nor

increase the scope of the AD.

Costs of Compliance

There are about 903 airplanes of the

affected design in the worldwide I1tlet.

This AD affects about 405 airplanes of

US registry. The required actions take

about 12 work hours per airpl<lne, at an

average labor rate of S80 per work hour.

Based on these figures, the estimated

cost of the AD for U.S. operators is

$388,800, or $960 per airplane. per

inspection cycle.

Authority for This 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 of the 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 of civil 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 of iliat authority

because it addresses 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 AD will

not have federalism implications under

Executive Order 13132, Tbis AD will

not have a substantial direct effect on

the States. on the relationship between

the nation<ll government and the States.

or on the distribution of power and

respollsibiHties among the various

levels of governmetlt.

For the reasons discussed above, I

certify th<ltthis AD;

(1) (s not a "significant regulatory

action" under Executive Order 12866;

(2) Is not a "significant rule" under

DOT Regulatory Policies and Procedures

(44 FR 11034. February 26, 1979): and

(3) WiU not have a significant

economic impact. positive or negative,

on a substantial number of small entities

under the criteria of the Regul(ltory

Flexibility Acl.

We prepared a regulatory cV<lluation

of the estimated costs to comply with

this AD and placed it in the AD docket.

See the ADDRESSESsection for a location

to examine tho regulatory evaluation.

List of Subjects in 14 Ci'R Pari 39

Air transportation, Aircraft, Aviation

safety. Incorporation by reference,

Safety.

Adoption ofthc Amendment

• Accordingly. under the authority

delegated to me by the Administrator.

the FAA amends 14 CFR part 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:I 2. 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 AD applies to all Boeing Model

767-200. -300, -3001'. and -400ER series

airplanes, certificalod in any calegory.

- Unsare Condition

(d) This AD results from fatigue cracks

found in the forward outer clJord and

horiT.ontal inner cbom at station (STA)

1609.5. We are issuing this AD to 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 of the horiznntal st~bjli~.er, alld

cOll~aquenl loss or controllabilily 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 11igbt cycles

after the effective datil of this AD, whic:hever

is later: Do thll detaillld and high frequency

eddy current IHFEe} inspl'ctions fur cracking

as specified in Parts 1,2,3. and 4 ofth ••

Accomplishmllnt Instructions of Boeing 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 of ijueing Alert Service Bulletin

767-53A0131. daled March 30, 2006. excepl

Ii, provided by pamgraph (gl of lhi, 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 10 ServiCf,!Bufletin

(g) If any 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 a lIlethod approved

in ac~ordance with the procedures specified

in paragraph (jl of thi, 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" of a specified area

according to a method approved by the

Managur. Seattle Aircraft Certification Office

(ACO], FAA. terminates tlle repetitive

inspections required by paragraph [f1of this

AD for that atea unlv. For a forward OlltQ"

cbord. one approved methud is

accomplishment of the actions in Steps 4.A

through 4.C and 4.G through 4.1' of Repair 9,

dated April 15. 2006. of Chapler 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 of the

action, in Slep" 4.1'1,4.B. and ".F through 4.P

of Repair 10. dated April 15. 2006, of Chapter

53-80-08 of the Boeing 767-200 SR,\.1,

OOCUlllent U634T201; Boeing 767-JOO SRM,

Document D634T21D: Boeing 767-JOOF SRM.

Document 0634T215; Or Boeing 767-400

SRi\-i, Document 0634T225; as applicable.

Credit for Previously Accomplished Repairs

(il Repair of a rorward outer chord dona

before the effective dale of this AD in

accordancu with Repair g, rl~ted April 15.

2006. of Chapter 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 of paragraph 10 of this

AD for that area only. Repair of a horizontal

inner chord before the effective date of lhis

AD in accordance with Repair 10, dated

April 15, 2006. of Chapter 53-80-08 of the

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 of this AD for that area only.

Alternative Methods of Compliance

(AMOCs)

(j)(1) The Manager. Seattle ACO, FAA. has

the authority to approve AMOCs for this AD,

if rcqucstcd ill accordu<lCA with 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 of safety may be used for any repair

required by this AD, ir It is approved by an

Authorized Representative ror the Boeing

Commel'cial Airplane, Delegation Option

Authorization Organiz>tUon. who has been

aulhorized by the Manager. Seattle ACO, to

make those findings. For a repair method to

be approved, the repair must meet the

certificaliull basis of tho 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 of the Federal

Register approved the incorporation by

rererence of this 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 of this service information. You

may review copies at the Docket Management

Facility. U.S. Departmllut of Transportation.

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 of this rnaturial at the NARA.

call (20ll H1::.0030. or go to hUp:!1

w"'IV.arch' ves .govlji:deraCregister/

code_of JeduroC,eguJaliollsl

ior_loca!iolls.htmJ.

issued in XenlOlI, Washington. on

November g, 2006.

Kalene C. Yanamura.

Acting Manager, Transport Airplone

Directorate. Aircraft Certification Service.

(F'R Doc. E6-19797 Filed 11-24-06: 8'45 am]

B'LL''lG COOE4~10-13-P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

{Docket No. FAA-2005-26386; Direclorate

Identifier 2006-NM-234-Al>; Amentlmenl

39-14834; AD 2006-24-05]

RIN 2120-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 10 detect and correct

fatigue cracks at the fasteller rows of the

fuselclge skin in section 41, which could