Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-05-15.xml --- 71 93 Monday, May 15, 2006 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Citizens’ Health Care Working Group, 28042-28043 06-4573 Agriculture Agriculture Department See Farm Service Agency See Forest Service See Natural Resources Conservation Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 28050-28052 06-4491 06-4492 06-4513 Army Army Department See Engineers Corps RULES Law enforcement and criminal investigations:

Sexual assaults; law enforcement reporting, 27961-27962 06-4511 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 28043 E6-7319 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare: Inpatient rehabilitation facility prospective payment system (2007 FY), 28106-28165 06-4409 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Consumer Product Safety Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 28017-28018 E6-7292 Settlement agreements:

West Bend Housewares, LLC; correction, 28080 C6-4291 Coordinating Coordinating Council on Juvenile Justice and Delinquency Prevention NOTICES Meetings, 28018 E6-7355 Defense Defense Department See Army Department See Engineers Corps Drug Drug Enforcement Administration NOTICES Meetings: Electronic prescriptions for controlled substances, 28052-28054 E6-7302 *Applications, hearings, determinations, etc.:* Johnson Matthey Inc., 28052 E6-7338 Education Education Department PROPOSED RULES State-administered programs; reporting requirements Correction, 27980-27981 E6-7346 NOTICES Privacy Act; systems of records, 28021-28023 E6-7345 Energy Energy Department RULES Advanced nuclear power facilities; licensing or litigation delays; standby support, 28200-28225 06-4398 Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Neuse River Basin, NC; feasibility study, 28018-28019 06-4512 Patent licenses; non-exclusive, exclusive, or partially exclusive: Embedded barrier to fluid flow, etc., 28019-28021 E6-7331 EPA Environmental Protection Agency RULES Air pollution; standards of performance for new stationary sources: Continuous instrumental test methods; harmonization, simplification, and update, 28082-28104 06-4196 Air quality planning purposes; designation of areas: New York, 27962-27964 06-4517 NOTICES Air programs:

Air quality criteria— Sulfur oxides; science assessment, 28023-28024 E6-7340 Confidential business information and data transfer, 28024-28025 E6-7330 Grants and cooperative agreements; availability, etc.: Brownfields State and Tribal Response Program, 28025-28026 E6-7335 Meetings: Environmental Financial Advisory Board, 28026 E6-7339 Reports and guidance documents; availability, etc.: Environmental Council of States-EPA performance-based environmental programs; initial implementation actions, 28026-28030 E6-7333 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency PROPOSED RULES Special programs:

Guaranteed farm loans; fees, 27978-27980 E6-7326 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 27949-27953 06-4423 Standard instrument approach procedures, 27953-27954 06-4474 NOTICES Advisory circulars; availability, etc.: Turbine engine certification; calibration test, endurance test, and teardown inspection, 28075 06-4526 Reports and guidance documents; availability, etc.: Airworthiness directive process for mandatory continuing airworthiness information, 28075 06-4525 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 28030 06-4581 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Kandiyohi County, MN, 28075-28076 06-4496 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28076-28077 E6-7361 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 28030-28031 E6-7303 Banks and bank holding companies:

Change in bank control, 28031-28032 E6-7295 Permissible nonbanking activities, 28032 E6-7294 FTC Federal Trade Commission NOTICES Meetings; Sunshine Act, 28032 06-4586 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Incidental take permits— Cedar City and Paiute Tribe, UT; Utah prairie dog, 28048-28049 E6-7318 Mexican wolf; Blue Range Reintroduction Project, AZ and NM; 5-year review, 28049-28050 E6-7317 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Sponsor name and address changes— Huvepharma AD, 27954-27959 06-4505 Forest Forest Service NOTICES Environmental statements; notice of intent: Samuel R. McKelvie National Forest, NE, 27986 06-4518 Tongass National Forest, AK, 27986-27988 06-4495 GAO Government Accountability Office NOTICES Committees; establishment, renewal, termination, etc.: Medicare Payment Advisory Commission, 28032 06-4486 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Panama and other Central American countries; infectious disease surveillance; support, training, and capacity-building, 28032-28041 E6-7325 Young Women Attending Minority Institutions HIV Prevention Program; correction, 28080 Z6-6726 State assistance expenditures; Federal financial participation (2006-2007 FY); modifications for Alaska, 28041-28042 E6-7315 Homeland Homeland Security Department See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 28045-28046 E6-7350 E6-7351 E6-7353 Grants and cooperative agreements; availability, etc.:

Lead Outreach Program, 28047 E6-7354 Mortgage and loan insurance programs: Single family mortgage insurance— Credit Watch Termination Initiative; list of mortgagees whose Origination Approval Agreements have been terminated, 28047-28048 E6-7293 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Health Promotion and Disease Prevention Program; correction, 28043 06-4506 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service International International Trade Administration NOTICES Antidumping:

Carbon and alloy steel wire rod from— Mexico, 27989-27991 E6-7360 Polyvinyl alcohol from— China, 27991-27994 E6-7358 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Fixed and floating platforms, structures, and documents; incorporation by reference; correction, 28080 C5-14038 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Controls, telltales, and indicators; response to reconsideration petitions, 27964-27976 06-4478 Vehicles built in two or more stages; certification issues; response to reconsideration petition, 28168-28197 06-4387 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic bluefish, 27977 06-4519 06-4522 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska groundfish, 27984-27985 E6-7352 Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 27981-27984 E6-7357 NOTICES Endangered and threatened species:

Anadromous fish take— U.S. Geological Survey, CA; salmon and steelhead, 27994-27995 E6-7363 Environmental statements; notice of intent: Northeast multispecies; small-mesh multispecies; scoping process, 27995-27996 E6-7362 Marine mammal permit applications, determinations, etc., 27996-27997 E6-7356 Marine mammals: Incidental taking; authorization letters, etc.— Western Canada Basin, Chuckchi Borderland and Mendeleev Ridge, Arctic Ocean; marine geophysical survey; cetaceans, pinnipeds, and polar bears, 27997-28013 06-4520 Meetings:

Gulf of Mexico Fishery Management Council, 28013-20814 E6-7308 E6-7309 E6-7313 Mid-Atlantic Fishery Management Council, 28014-28015 E6-7312 New England Fishery Management Council, 28015-28016 E6-7310 E6-7311 E6-7342 South Atlantic Fishery Management Council, 28016-28017 E6-7341 National Science National Science Foundation NOTICES Committees; establishment, renewal, termination, etc.: International Arctic Center Oversight Council, 28054 06-4490 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.:

Yellow River Watershed Structure No. 3, Gwinnett County, GA, 27988-27989 E6-7306 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: USEC Inc., 28054-28055 E6-7364 Meetings: Reactor Safeguards Advisory Committee, 28055-28056 E6-7348 E6-7349 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 27959-27961 06-4489 NOTICES Multiemployer and single-employer plans:

Interest rates and assumptions, 28056-28057 E6-7314 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc: Identity Theft Task Force; establishment (EO 13402), 27945-27947 06-4552 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 28057 06-4585 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 28057-28058 E6-7324 Boston Stock Exchange, Inc., 28058-28059 E6-7321 New York Stock Exchange, Inc., 28059-28060 E6-7322 Philadelphia Stock Exchange, Inc., 28060-28062 E6-7323 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES Meetings:

National Women's Business Council, 28073-28074 E6-7347 State State Department NOTICES Committees; establishment, renewal, termination, etc.: International Law Advisory Committee, 28074 E6-7337 Culturally significant objects imported for exhibition: Rembrandt; Master Etchings from St. Louis Collections, 28074 E6-7334 Meetings: U.S. National Commission for UNESCO, 28074 06-4537 Substance Substance Abuse and Mental Health Services Administration NOTICES Reports and guidance documents; availability, etc.:

Opioid treatment programs accreditation, 28043-28044 06-4498 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.: Haug, Gregg, 28077-28078 E6-7329 Railroad services abandonment: Norfolk Southern Railway Co., 28078-28079 E6-7328 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department PROPOSED RULES Currency and foreign transactions; financial reporting and recordkeeping requirements:

Bank Secrecy Act; implementation— Money services businesses; banking services provision, 27980 E6-7327 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submission, and approvals, 28044 06-4487 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 28062-28073 E6-7343 E6-7344 Veterans Veterans Affairs Department NOTICES Meetings:

Women Veterans Advisory Committee, 28079 06-4528 Separate Parts In This Issue Part II Environmental Protection Agency, 28082-28104 06-4196 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 28106-28165 06-4409 Part IV Transportation Department, National Highway Traffic Safety Administration, 28168-28197 06-4387 Part V Energy Department, 28200-28225 06-4398 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 93 Monday, May 15, 2006 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-22529; Directorate Identifier 2005-NM-099-AD; Amendment 39-14592; AD 2006-10-08] RIN 2120-AA64 Airworthiness Directives;

Boeing Model 767-200, -300, and -300F Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 767-200, -300, and -300F series airplanes. That AD currently requires repetitive inspections of the lubrication passage and link assembly joint in the inboard and outboard flaps of the trailing edge for discrepancies, and corrective action if necessary.

This new AD requires new inspections for cracking or severe wear of the bearings of the link assembly, inspections of any link assembly not previously inspected for damage, and corrective actions if necessary. This AD also ends the existing repetitive inspections for certain airplanes, and extends the repetitive interval for the existing repetitive inspections and the compliance time for the corrective action on certain other airplanes. This AD also provides an optional terminating action.

This AD results from additional reports indicating fractured bearings of the link assembly joint in the inboard and outboard flaps of the trailing edge. We are issuing this AD to prevent failure of the bearings in the link assembly joint, which could result in separation of the inboard or outboard flap and consequent loss of control of the airplane. DATES: This AD becomes effective June 19, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of June 19, 2006.

On February 14, 2002 (67 FR 4328, January 30, 2002), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 767-27A0167, dated December 7, 2000. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Candice Gerretsen, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)917-6428; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2002-01-15, amendment 39-12609 (67 FR 4328, January 30, 2002). The existing AD applies to certain Boeing Model 767-200, -300, and -300F series airplanes. That NPRM was published in the **Federal Register** on September 27, 2005 (70 FR 56383). That NPRM proposed to require the following actions: • Repetitive inspections of the lubrication passage and link assembly joint in the inboard and outboard flaps of the trailing edge for discrepancies, and corrective action if necessary. • New inspections for cracking or severe wear of the bearings of the link assembly, and corrective actions if necessary. • Inspections of any link assembly not previously inspected for damage, and replacement with a new assembly if necessary. That NPRM also proposed to end the existing repetitive inspections for certain airplanes, and extend the repetitive interval for the existing repetitive inspections and the compliance time for the corrective action on certain other airplanes. That NPRM also provided an optional terminating action that would end the repetitive inspections. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Support for the Proposed AD One commenter, US Airways, supports the NPRM. Request To Clarify Compliance Times Boeing requests that we clarify a compliance time stated in paragraph (g)(2) of the NPRM. For an airplane on which the lubrication passage was blocked but no fractured bearing or loose or damaged joint was found, paragraph (g)(2) of the NPRM would require doing the actions in Part 2 of Boeing Alert Service Bulletin 767-27A0167 within 24 months after doing the initial inspection in accordance with Part 1 of the service bulletin. The commenter notes that the relevant point in time is the most recent inspection in accordance with Part 1 of the service bulletin, which is not necessarily the time of the initial inspection. The commenter requests that we revise paragraph (g)(2) to require doing the actions in Part 2 of the service bulletin within 24 months after the most recent inspection in accordance with paragraph

(a)of AD 2002-01-15. We agree with the request and have revised paragraph (g)(2) of this AD for the reasons that Boeing states. For clarification, we have also included references to repetitive inspections performed in accordance with paragraph (b)(1) of AD 2002-01-15 and inspections performed in accordance with paragraph

(f)of this AD. Similarly, Boeing requests that we clarify the compliance time in paragraph

(h)of the NPRM. Paragraph

(h)of the NPRM states a compliance time of “24 months after the most recent inspection in accordance with paragraph (b)(1) of AD 2002-01-15.” The commenter notes that paragraph (b)(1) of AD 2002-01-15 states only the repetitive inspection interval. It is possible that the most recent inspection may have been the initial inspection in accordance with paragraph

(a)of AD 2002-01-15. We agree. We have revised paragraph

(h)of this AD to state a compliance time of “24 months after the most recent inspection in accordance with paragraph

(a)or (b)(1) of AD 2002-01-15, or paragraph

(f)of this AD, as applicable.” Request To Clarify Appropriate Source of Service Information The Air Transport Association (ATA), on behalf of one of its members, Delta Airlines (Delta), requests that we revise paragraphs

(f)and

(g)of the NPRM, which restate paragraphs

(a)and

(b)of AD 2002-01-15. The commenter would like us to remove references to Boeing Alert Service Bulletin 767-27A0167, dated December 7, 2000, in those paragraphs. Delta feels that the reference to the original issue of the service bulletin is confusing and should be deleted from paragraphs

(f)and

(g)of the NPRM, in light of the fact that these paragraphs state “After the effective date of this AD, only Revision 2 of the service bulletin may be used.” We do not agree. We are restating the requirements of AD 2002-01-15, including the references to the original issue of Boeing Alert Service Bulletin 767-27A0167, to ensure that operators who have previously done required actions in accordance with that service bulletin are still in compliance with the AD. If we remove the reference to the original issue of Boeing Alert Service Bulletin 767-27A0167 and refer to only Revision 2 of that service bulletin, then operators who previously did the required actions in accordance with the original issue of the service bulletin would be out of compliance as of the effective date of the new AD. We find that inspections that have been done before the effective date of this AD in accordance with the instructions in the original issue of the service bulletin will provide an acceptable level of safety until the newly required actions are done. We have not changed the AD in this regard. Request To Revise Compliance Time for Restated Actions Boeing requests that we revise the compliance time for the initial inspection in paragraph

(f)of the NPRM. Paragraph

(f)of the NPRM specifies compliance “within 90 days after February 14, 2002 (the effective date of AD 2002-01-15), or within 36 months after date of manufacture of the airplane, whichever is later.” The commenter requests that we change this compliance time to “within 90 days after the effective date to this AD, or within 6 months after the most recent inspection in accordance with paragraph

(a)of AD 2002-01-15, whichever is later.” The commenter states that airplanes will be out of compliance upon the effective date of the new AD, even if the inspections in accordance with Part 1 of Boeing Alert Service Bulletin 767-27A0167 are currently being done. We do not agree. As explained previously, paragraph

(f)of this AD restates the initial inspection requirements of paragraph

(a)of AD 2002-01-15. Our research indicates that inspections in accordance with paragraph

(a)of that AD should have been accomplished on affected airplanes no later than 2004, considering that the last affected airplane was manufactured in 2000. We find that any affected airplane currently on the U.S. Register is already required to be in compliance with the requirements of paragraph

(f)of this AD. Further, because the compliance time for these requirements has passed, the inspections required by paragraph

(f)of this AD would have to be accomplished on any airplane that is not currently on the U.S. Register before that airplane could be added to the Register. We have not changed the AD in this regard. Request To Rearrange Paragraphs ATA, on behalf of UPS, requests that paragraph

(g)of the NPRM be included under the heading “NEW REQUIREMENTS OF THIS AD,” and that paragraph

(h)of the NPRM be restated as paragraph (g)(1). UPS states that the requirements of paragraph

(g)do not reflect the requirements of paragraph

(b)of AD 2002-01-15. We acknowledge that paragraph

(g)of this AD is different than paragraph

(b)of AD 2002-01-15. Compliance times for certain actions specified in paragraph

(g)have been extended beyond the compliance times that are currently required by paragraph

(b)of AD 2002-01-15. Also, the repetitive inspection requirement has been removed for airplanes on which no discrepancy was found during the initial inspection. However, we consider paragraph

(g)of this AD to be a restatement of the requirements of paragraph

(b)of AD 2002-01-15 because the actions remaining in paragraph

(g)are essentially the same as those in paragraph (b), and the changes to the compliance times are relieving, giving affected operators more time to comply with the existing requirements or obviating the need to continue repetitive inspections. We have revised the heading that precedes paragraph

(g)of this AD to acknowledge that we have changed the compliance times in that paragraph from the times specified in AD 2002-01-15. We find that no further change to the AD is necessary in this regard. Request To Extend Compliance Times ATA, on behalf of UPS, requests that we extend the compliance time for doing Part 2 of the service bulletin from 24 months after the initial or most recent inspection in accordance with AD 2002-01-15, as applicable (as stated in paragraphs (g)(2) and

(h)of the NPRM), to 24 months after the effective date of the new proposed AD. The commenter states that this change would ensure an acceptable level of safety and alleviate potential scheduling burdens. The commenter did not provide data supporting its position. We do not agree. The compliance time of 24 months since the most recent inspection in accordance with AD 2002-01-15 is based on service history of bearing failure, as well as recommendations by the manufacturer based on extensive testing. We measure the compliance time from the most recent inspection to preserve the existing inspections and prevent a lapse in maintenance. This compliance time represents the maximum compliance time allowable to adequately ensure safety. Revising the compliance time to 24 months after the effective date of the AD may inadvertently extend the compliance time by as long as 18 months. We find that this would not adequately ensure safety. We have not changed the AD in this regard. Request To Allow Continued Repetitive Inspections Until Extended Compliance Time ATA, on behalf of UPS, requests that we allow repetitive inspections in accordance with Part 1 of the service bulletin to continue at the 6-month interval specified in paragraph

(b)of AD 2002-01-15, until Parts 2 and 3 of the service bulletin are done. (This request is related to the same commenter's request, discussed previously, to extend the compliance time for Part 2 to 24 months after the effective date of this AD.) The commenter states that allowing repetitive inspections to continue would ensure an acceptable level of safety. We do not agree. As we explained in the preamble of the NPRM, there have been numerous additional findings of fractured bearings of the link assembly joint since we issued AD 2002-01-15. These findings occurred during accomplishment of Part 2 of the service bulletin, providing evidence that the bearings of the link assembly joint may fail even when they are properly lubricated, and the inspections in Part 1 are not adequate to detect fractured bearings. We have not changed the AD in this regard. Request To Extend Grace Period for Part 3 of Service Bulletin ATA, on behalf of UPS, requests that we extend the grace period for doing Part 3 of the service bulletin from 18 months after the effective date of the AD (as stated in paragraphs (i)(1) and (i)(2) of the NPRM) to 24 months after the effective date of the AD. The commenter indicates that these grace periods would alleviate scheduling burdens associated with the 18-month compliance time. The commenter provides no justification for its request. We do not agree. Though the service bulletin does not provide a grace period for doing the actions in Part 3 of the service bulletin, we have included a grace period of 18 months. In establishing this grace period, we considered the manufacturer's recommendation, typical operators' maintenance schedules, and the degree of urgency associated with the subject unsafe condition. We also considered the small number of airplanes included in Group 2 in the service bulletin. Based on these factors, we find that the 18-month grace period will not create scheduling burdens because the actions in Part 3 of the service bulletin are required at 72 months after accomplishing the Part 2 inspection (for Group 1 airplanes), or 72 months since the date of issuance of the original standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness (for Group 2 airplanes); or 18 months after the effective date of the AD. We have not changed the AD in this regard. Request To Clarify Meaning of “Initial Inspection” ATA, on behalf of UPS, requests that we revise paragraph (i)(2) of the NPRM to more specifically define that the “initial” inspection specified for Group 2 airplanes in that paragraph means the inspection in accordance with Part 3 of Boeing Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 2004. We infer that the commenter is concerned about the potential for misunderstanding the difference between the “initial inspection” specified in paragraph

(f)of the NPRM and the inspection in accordance with Part 3 of the service bulletin that is specified in paragraph

(i)of the NPRM. We agree with the commenter's request. We have revised the wording of paragraph (i)(2) to remove the words, “Do the initial inspection.” This change results in the wording of paragraph (i)(2) now paralleling the wording of paragraph (i)(1). Conclusion We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 855 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD, at an average labor rate of $65 per work hour. Estimated Costs Action Work hours Cost per airplane Number of U.S.- registered airplanes Fleet cost Part 1 of Boeing Alert Service Bulletin 767-27A0167 (required by AD 2002-01-151) 6 $390 1 332 1 $129,480. 1 Part 2 of Boeing Alert Services Bulletin 767-27A0167 (new requirement 2 ) 17 $1,105 Up to 332 2 Up to $366,860. 2 Part 3 of Boeing Alert Service Bulletin 767-27A0167 (new requirement) 8 $520, per inspection cycle 371 $192,920, per inspection cycle. 1 Repetitive Part 1 inspections are required only on condition, and only until Part 2 of Boeing Alert Service Bulletin 767-27A0167 has been done. 2 Applies to airplanes on which Part 2 has not been previously accomplished: not all airplanes will be subject to this action. The optional terminating action provided in this AD, if accomplished, would take about 23 work hours per airplane, at an average labor rate of $65 per work hour. Required parts would cost about $3,885 per airplane. Based on these figures, the estimated cost of the optional terminating action specified in this AD is $5,380 per airplane. 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, 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. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will 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 that this AD:

(1)Is 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)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. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-12609 (67 FR 4328, January 30, 2002) and by adding the following new airworthiness directive (AD): **2006-10-08 Boeing:** Amendment 39-14592. Docket No. FAA-2005-22529; Directorate Identifier 2005-NM-099-AD. Effective Date

(a)This AD becomes effective June 19, 2006. Affected ADs

(b)This AD supersedes AD 2002-01-15. Applicability

(c)This AD applies to Boeing Model 767-200, -300, and -300F series airplanes; certificated in any category; identified in Boeing Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 2004. Unsafe Condition

(d)This AD results from additional reports indicating fractured bearings of the link assembly joint in the inboard and outboard flaps of the trailing edge. We are issuing this AD to prevent failure of the bearings in the link assembly joint, which could result in separation of the inboard or outboard flap and consequent loss of control of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 2002-01-15 Initial Inspection

(f)For airplanes having line numbers 1 through 819 inclusive, on which Part 2 of Boeing Alert Service Bulletin 767-27A0167 has not been done: Within 90 days after February 14, 2002 (the effective date of AD 2002-01-15), or within 36 months after date of manufacture of the airplane, whichever is later, do detailed inspections of the lubrication passage and link assembly joint in the inboard and outboard flaps of the trailing edge for discrepancies ( *e.g.* , lubrication passage blocked, fractured bearing, loose or damaged joint); per Part 1 of the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0167, dated December 7, 2000; or Revision 2, dated October 7, 2004. After the effective date of this AD, only Revision 2 of the service bulletin may be used. Repetitive Inspections/Corrective Action With New Compliance Times

(g)For airplanes having line numbers 1 through 819 inclusive, on which Part 2 of Boeing Alert Service Bulletin 767-27A0167 has not been done: Do the actions required by paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable, at the time specified, per the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0167, dated December 7, 2000; or Revision 2, dated October 7, 2004. After the effective date of this AD, only Revision 2 of the service bulletin may be used.

(1)If the lubrication passage is not blocked and no fractured bearing or loose or damaged joint is found, do paragraph

(h)of this AD.

(2)If the lubrication passage is blocked and no fractured bearing or loose or damaged joint is found, repeat the inspection required by paragraph

(f)of this AD at intervals not to exceed 60 days, and within 24 months after the most recent inspection required by paragraph

(a)or (b)(1) of AD 2002-01-15, or paragraph

(f)of this AD, as applicable, do the actions required by paragraph (g)(3) of this AD.

(3)If any fractured bearing or loose or damaged joint is found, before further flight, do the corrective action (including removal of the link assembly, inspection for damage, and replacement with a new assembly if damaged), as specified in Part 2 of the Accomplishment Instructions of the service bulletin. New Requirements of This AD

(h)For airplanes having line numbers 1 through 819 inclusive, on which the lubrication passage has not been found blocked and no fractured bearing or loose or damaged joint has been found, and on which Part 2 of Boeing Alert Service Bulletin 767-27A0167 has not been done: Within 24 months after the most recent inspection in accordance with paragraph

(a)or (b)(1) of AD 2002-01-15, or paragraph

(f)of this AD, as applicable, remove the link assembly, perform a detailed inspection of the link assembly for damage, and reinstall the undamaged link or replace it with a new link assembly that has been inspected and found to be free of damage or other discrepancy, in accordance with Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 2004. Detailed Inspection of Bearing Ball and Outer Race

(i)For all airplanes: Remove the link assembly, and perform a detailed inspection for cracking of the bearing ball, and for severe wear of the outer race of the bearing, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 2004. Do this action at the time specified in paragraph (i)(1) or (i)(2) of this AD, as applicable. Then, repeat this action at intervals not to exceed 72 months. If any cracking or severe wear is found during any inspection required by this paragraph: Before further flight, do the corrective action in accordance with Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 2004, or do paragraph

(j)of this AD.

(1)For airplanes identified in the service bulletin as being in Group 1: Within 72 months after doing Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0167, dated December 7, 2000; or Revision 2, dated October 7, 2004, or within 18 months after the effective date of this AD, whichever is later.

(2)For airplanes identified in the service bulletin as being in Group 2: Within 72 months since the date of issuance of the original standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness; or within 18 months after the effective date of this AD; whichever is later. Optional Terminating Action

(j)For all airplanes: Replacing the existing link assemblies of the trailing edge flaps with new, improved or modified assemblies that contain new bearings, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 767-27-0196, dated April 21, 2005, ends the repetitive removal/inspections required by paragraph (g), (h), and

(i)of this AD, as applicable. Actions Accomplished Previously

(k)Inspections and corrective actions done before the effective date of this AD in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 767-27A0167, Revision 1, dated June 6, 2002, are acceptable for compliance with the corresponding actions required by this AD. No Reporting Requirement

(l)Although Boeing Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 2004, specifies to submit certain information to the manufacturer, this AD does not require that action. Alternative Methods of Compliance (AMOCs) (m)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.

(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

(4)AMOCs approved previously according to AD 2002-01-15 are approved as AMOCs for the corresponding provisions of this AD. Material Incorporated by Reference

(n)You must use Boeing Alert Service Bulletin 767-27A0167, dated December 7, 2000; or Boeing Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 2004; as applicable; to perform the actions that are required by this AD, unless the AD specifies otherwise. If you accomplish the optional terminating action, you must use Boeing Service Bulletin 767-27-0196, dated April 21, 2005.

(1)The Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 767-27A0167, Revision 2, dated October 7, 2004; and Boeing Service Bulletin 767-27-0196, dated April 21, 2005; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On February 14, 2002 (67 FR 4328, January 30, 2002), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 767-27A0167, dated December 7, 2000.

(3)Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on May 4, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-4423 Filed 5-12-06; 8:45 am]

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