Unknown. Interim final rule; reopening of comment period

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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-2006-11-27.xml --- 71 227 Monday, November 27, 2006 Contents Agricultural Agricultural Marketing Service RULES Fish and shellfish; mandatory country of origin labeling, 68431-68432 E6-19962 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Food and Nutrition Service See Forest Service See Natural Resources Conservation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 68529 E6-19963 Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 68566-68567 06-9393 06-9394 Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations:

Chehalem Mountains; Clackamas, Yamhill, and Washington Counties, OR, 68458-68463 E6-20018 Shawnee Hills, IL, 68463-68472 E6-20023 Army Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 68567-68568 06-9395 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels; canceled, 68630-68631 E6-19996 National Center for Environmental Health/Agency for Toxic Substances and Disease Registry— Scientific Counselors Board, 68631 E6-19837 National Institute for Occupational Safety and Health— Radiation and Worker Health Advisory Board, 68631-68632 E6-20000 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Hospital discharge appeal rights; notification, 68708-68725 E6-20131 Medicare and Medicaid: Hospital participation conditions; history and examination requirements, verbal orders authentication, securing medications, and postanesthesia evaluations, 68672-68695 E6-19957 PROPOSED RULES Medicare: Medicare Prescription Drug, Improvement, and Modernization Act of 2003; implementation— Repayment plans; use, 68519-68524 E6-19960 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled RULES Organization, functions, and authority delegations:

JWOD Program; name change to AbilityOne Program, 68492-68494 E6-19971 Commodity Commodity Credit Corporation NOTICES Commodities available for sale: Farmer-stock peanuts; online auction, 68529-68530 E6-19974 Consumer Consumer Product Safety Commission NOTICES Reports and guidance documents; availability, etc.: Federal antidiscrimination, whistleblower protection, and retaliation laws; No FEAR Act notice, 68562-68563 E6-20026 Copyright Copyright Office, Library of Congress RULES Digital Millenium Copyright Act:

Circumvention of copyright protection systems for access control technologies; exemption to prohibition, 68472-68480 E6-20029 Defense Defense Department See Air Force Department See Army Department See Navy Department PROPOSED RULES Civilian health and medical program of the uniformed services (CHAMPUS): TRICARE program— Retiree Dental Program; benefit descriptions and administrative corrections, 68496-68498 E6-19975 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68563-68566 06-9392 06-9396 06-9397 06-9398 06-9399 Meetings:

Uniform Formulary Beneficiary Advisory Panel, 68566 06-9391 Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 68569-68571 E6-19997 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Parents of Children with Disabilities Program, 68582-68586 E6-20028 Personnel Development to Improve Services and Results for Children with Disabilities Program, 68577-68582 E6-20024 State Personnel Development Grants Program, 68571-68577 E6-20022 Special education and rehabilitative services:

Individuals with Disabilities Education Act— National activities comprehensive plan; comments and recommendations request, 68698-68706 06-9404 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Consumer products; energy conservation program: Mitsubishi Electric; waiver from residential and commercial test procedures, 68586-68587 E6-19985 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Texas, 68480-68483 E6-19991 Water programs: Federal Insecticide, Fungicide, and Rodenticide Act; implementation— Pesticides applied to U.S. waters; statement and guidance, 68483-68492 E6-20002 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Texas, 68517 E6-19992 Solid wastes: State underground storage tank program approvals— Colorado, 68517-68518 E6-19988 NOTICES Meetings: Environmental Policy and Technology National Advisory Council, 68612 E6-19987 Good Neighbor Environmental Board; teleconference, 68612 E6-19990 Superfund; response and remedial actions, proposed settlements, etc.:

Portland Harbor, Triangle Park and McCormick & Baxter, Inc. Sites, OR, 68613 E6-19989 Export Export-Import Bank NOTICES Meetings; Sunshine Act, 68613 06-9424 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 68432-68437 E6-19797 E6-19805 Colored Federal airways, 68437-68438 E6-19834 FCC Federal Communications Commission NOTICES Common carrier services: Wireless telecommunications services— FM broadcast construction permits auction, 68613-68628 E6-20006 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 68628 06-9418 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Louisiana, 68632 E6-19969 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Long-term transmission rights; public utilities operated by regional transmission organizations and independent system operators, 68440-68458 E6-19999 PROPOSED RULES Electric utilities (Federal Power Act): Transmission service; preventing undue discrimination and preference, 68495-68496 E6-19998 NOTICES Electric rate and corporate regulation combined filings, 68595-68597 E6-19954 Environmental statements; availability, etc.:

Broadwater Energy LLC, 68597-68599 E6-19940 Cameron LNG L.L.C., 68599-68600 E6-19939 Chugach Electric Association, 68600 E6-19948 Priest Rapids Hydroelectric Project, 68600-68601 E6-19947 Environmental statements; notice of intent: Colorado Interstate Gas Co., 68601-68603 E6-19949 Puget Sound Energy, Inc., 68603-68605 E6-19918 Hydroelectric applications, 68605-68610 E6-19921 E6-19927 E6-19928 E6-19945 E6-19946 Meetings: Midwest Electric Transmission Co. et al.; settlement conference, 68610 E6-19916 Rockies Express Pipeline, LLC, et al.; hearing, 68610-68611 E6-19937 National Register of Historic Places:

Programmatic agreement for managing properties; restricted service list— Northern Indiana Public Service Co., 68611 E6-19920 Off-the-record communications, 68611-68612 E6-19950 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission, LLC, 68587 E6-19935 Carolina Gas Transmission Corp., 68587-68588 E6-19941 Columbia Gas Transmission Corp., 68588 E6-19942 Compass Pass Pipeline L.L.C., 68588 E6-19953 Dauphin Island Gathering Partners, 68588-68589 E6-19951 East Tennessee Natural Gas, LLC, 68589 E6-19931 Egan Hub Storage, LLC, 68589-68590 E6-19932 El Paso Natural Gas Co., 68590 E6-19929 GGBB Energy, Inc., 68590 E6-19944 Iroquois Gas Transmission System, L.P., 68590-68592 E6-19919 E6-19934 E6-19938 Maritimes & Northeast Pipeline, L.L.C., 68592 E6-19933 Public Utility District No. 1, Snohomish County, WA, 68592-68593 E6-19922 E6-19923 E6-19924 E6-19925 E6-19926 RC Cape May Holdings, LLC, 68593-68594 E6-19943 Southern Star Central Gas Pipeline, Inc., 68594 E6-19930 Southwestern Power Administration, 68594 E6-19917 Tennessee Gas Pipeline Co., 68595 E6-19936 Texas Eastern Transmission, LP, 68595 E6-19952 FTC Federal Trade Commission NOTICES Prohibited trade practices:

Guidance Software, Inc., 68628-68629 E6-19965 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Del Norte and Humboldt Counties, CA; Green Diamond Resource Co. aquatic habitat conservation plan, 68555-68557 06-9408 Privacy Act; systems of records, 68635-68637 E6-20033 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 68530-68531 E6-19986 Forest Forest Service NOTICES Environmental statements; notice of intent:

Humboldt-Toiyabe National Forest, NV, 68531-68532 06-9388 Recreation fee areas: Caribou-Targhee National Forest, ID; overnight cabin rental fee, 68532-68533 E6-19891 E6-19892 E6-19893 George Washington & Jefferson National Forests, VA— Campsites fees, 68533 E6-19994 Taskers Gap and Peters Mill Run trail system ATV/OHV user fee, 68533 E6-19995 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 68629-68630 E6-19741 E6-19743 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services Industry Industry and Security Bureau RULES Export administration regulations: Montenegro and Serbia; added to Commerce Country Chart as separate entries; separate export licensing requirements established, 68438-68440 06-9414 NOTICES Export privileges, actions affecting: Khalil, Naji Antoine Abi, et al., 68534-68535 06-9389 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Privacy Act; systems of records, 68633-68635 E6-20034 International International Trade Administration RULES Antidumping and countervailing duties:

Five-year (sunset) reviews; CFR correction, 68458 06-55530 NOTICES Antidumping: Circular welded non-alloy steel pipe and tube from— Mexico, 68537 E6-20021 Coated free sheet paper from— Various countries, 68537-68543 E6-20020 Steel concrete reinforcing bars from— Latvia, 68544-68546 E6-20012 Ukraine, 68543-68544 E6-20011 Antidumping and countervailing duties: Administrative review requests, 68535-68536 E6-20013 Countervailing duties: Coated free sheet paper from— Various countries, 68546-68549 E6-20025 Corrosion-resistant carbon steel flat products from— France, 68549-68550 06-9409 Welded carbon steel standard pipe from— Turkey, 68550-68554 E6-20008 Land Land Management Bureau NOTICES Survey plat filings:

Arizona, 68637-68639 E6-19993 Library Library of Congress See Copyright Office, Library of Congress Merit Merit Systems Protection Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 68639-68640 E6-19914 National Institute National Institute of Standards and Technology NOTICES Meetings: National Construction Safety Team Advisory Committee, 68554-68555 E6-20010 Personal Body Armor Testing Program; laboratory accreditation workshop, 68555 E6-19958 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation management:

Northeastern United States Fisheries— Atlantic bluefish, 68524-68528 E6-20005 NOTICES Environmental statements; availability, etc.: Del Norte and Humboldt Counties, CA; Green Diamond Resource Co. aquatic habitat conservation plan, 68555-68557 06-9408 Exempted fishing permit applications, determinations, etc., 68557-68560 E6-20004 Meetings: Mid-Atlantic Fishery Management Council, 68560-68561 E6-19955 Protected species safe handling, release, and identification workshops, 68561 E6-20003 Scientific research permit applications, determinations, etc., 68562 E6-20007 National Science National Science Foundation NOTICES Meetings:

Astronomy and Astrophysics Advisory Committee, 68640 06-9406 Meetings; Sunshine Act, 68640-68641 E6-19970 NRCS Natural Resources Conservation Service NOTICES Environmental statements; record of decision: Coal Creek, Cedar City, UT; flood-control improvements, 68534 E6-19959 Navy Navy Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 68568-68569 06-9400 06-9401 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 68641-68642 E6-19973 Committees; establishment, renewal, termination, etc.:

Medical Uses of Isotopes Advisory Committee, 68642 E6-19911 Reports and guidance documents; availability, etc.: LCO 3.10.1, inservice leak and hydrostatic testing operation using consolidated line item improvement process; model applications and safety evaluations, 68642-68644 E6-19972 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 68644-68645 E6-19964 SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 68645 06-9423 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 68645-68654 E6-19978 E6-19980 Boston Stock Exchange, Inc., 68654-68657 E6-19979 E6-19983 Chicago Board Options Exchange, Inc., 68657-68660 E6-19976 E6-19982 Chicago Stock Exchange, Inc., 68660-68662 E6-19981 Depository Trust Co., 68662-68664 E6-19961 Fixed Income Clearing Corp., 68664-68665 E6-19984 National Association of Securities Dealers, Inc., 68665-68668 E6-19966 E6-19967 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.:

Union Pacific Railroad Co., 68668-68669 06-9416 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 68632-68633 E6-19956 U.S. Institute of Peace United States Institute of Peace NOTICES Meetings;

Sunshine Act, 68669 06-9415 Veterans Veterans Affairs Department PROPOSED RULES Loan guaranty: Housing loans in default; servicing, liquidating, and claims procedures, 68498-68517 06-9403 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 68672-68695 E6-19957 Part III Education Department, 68698-68706 06-9404 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 68708-68725 E6-20131 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. 71 227 Monday, November 27, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 60 [Docket Number LS-03-04] RIN 0581-AC26 Mandatory Country of Origin Labeling of Fish and Shellfish AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim final rule; reopening of comment period. SUMMARY: The Agricultural Marketing Service

(AMS)is reopening the comment period for 90 days for the interim final rule for mandatory country of origin labeling

(COOL)for fish and shellfish covered commodities that was published in the **Federal Register** on October 5, 2004 (69 FR 59708). The interim final rule for fish and shellfish became effective on April 4, 2005. The interim final rule imposes requirements on certain retailers and their suppliers to notify their customers of the country of origin and the method of production (wild and/or farm-raised) of specified fish and shellfish products. The interim final rule also specifies recordkeeping responsibilities for affected retailers and their suppliers. AMS requests general comment on the costs and benefits of the interim final rule as well as the specific questions that are listed in this document. All affected persons are hereby given notice of the opportunity to submit written data and views concerning the economic impacts of the interim final rule. AMS will review the submitted comments and information as it promulgates a final rule for mandatory COOL for fish and shellfish. Comments received on issues that are outside the scope of the costs and benefits of the interim final rule will not be considered. DATES: Comments must be submitted on or before February 26, 2007, to be assured of consideration. ADDRESSES: Send written comments to: Country of Origin Labeling Program, Room 2607-S; Agricultural Marketing Service (AMS), USDA; STOP 0254; 1400 Independence Avenue, SW., Washington, DC 20250-0254, or by facsimile to

(202)720-1112, or by e-mail to *cool@usda.gov.* Comments can also be submitted on the Internet at: *http://www.regulations.gov.* Comments received will be posted to the AMS Web site at: *http://www.ams.usda.gov/cool/.* Comments sent to the above location that specifically pertain to the information collection and recordkeeping requirements should also be sent to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street, NW., Room 725, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Martin O'Connor, Chief, Standards, Analysis and Technology Branch, Livestock and Seed Program, AMS, USDA, by telephone on

(202)720-4486, or via e-mail to: *martin.oconnor@usda.gov.* SUPPLEMENTARY INFORMATION: The Farm Security and Rural Investment Act of 2002 (Farm Bill)(Pub. L. 107-171) and the 2002 Supplemental Appropriations Act (Appropriations Act)(Pub. L. 107-206) amended the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 *et seq.* ) by adding 7 U.S.C. 1638-1638d to direct the Secretary of Agriculture to promulgate regulations by September 30, 2004, requiring retailers to notify their customers of the country of origin of covered commodities. On October 30, 2003, AMS published a proposed rule for mandatory COOL for beef, lamb, pork, fish, perishable agricultural commodities, and peanuts (68 FR 61944). Subsequently, the FY 2004 Consolidated Appropriations Act (Pub. L. 108-199) delayed the applicability of mandatory COOL for all covered commodities except wild and farm-raised fish and shellfish until September 30, 2006. The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2006 (Pub. L. 109-97) further delayed the applicability of mandatory COOL for all covered commodities except wild and farm-raised fish and shellfish until September 30, 2008. On October 5, 2004, AMS published an interim final rule (69 FR 59708) for the mandatory country of origin labeling program for fish and shellfish. The interim final rule became effective on April 4, 2005. Comments were requested and were to be submitted on or before January 3, 2005. In preparation for promulgating a final rule for mandatory COOL for fish and shellfish, AMS seeks comment only on the economic impacts of the interim final rule at this time. Given that the interim final rule has been in effect for more than a year and a half, affected retailers and their suppliers now have considerable experience in complying with the its requirements. AMS invites affected persons to comment on the costs and benefits of the interim final rule. Results of independent studies and analyses are also invited. AMS is particularly interested in written data, views, and facts pertaining to initial costs to implement the requirements of the interim final rule, ongoing costs to maintain compliance, the burden of the information collection and recordkeeping requirements, and any concomitant benefits resulting from the mandatory COOL program. Comments and information received on these issues, to the extent relevant, will be reviewed in connection with any final regulatory action on a mandatory COOL program for any of the other covered commodities. Comments received on issues that are outside the scope of the costs and benefits of the interim final rule will not be considered. While AMS welcomes all comments relating to the economic impacts of the implementation of the interim rule, comments addressing the following questions are of special interest: Implementation Costs What costs were incurred by affected retailers and their suppliers to become compliant with the interim rule? What, if any, changes in operational procedures were required to implement the requirements of the interim rule? What, if any, capital costs were incurred to become compliant with the interim rule? Did the interim rule require the purchase of additional computer systems, labeling systems, or other equipment? How many labor hours were required to become compliant with the interim rule, and what types of labor were required? What types of labor activities were required ( *e.g.* , strategic planning, software and systems development, training), and 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 are incurred annually by affected retailers and their suppliers to maintain compliance with the interim rule? What, if any, changes in operational procedures are required to maintain compliance the requirements of the interim rule? What capital replacement costs are incurred? How many labor hours are incurred annually? What activities are performed ( *e.g.* , label application, data entry, software maintenance, training), and how much time is spent on each activity? What categories of personnel are required, and what are costs for each category of labor? What total labor costs are incurred? Benefits What economic benefits have resulted from implementation of the interim rule? Has there been any 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 from customers have been observed as a result of the labeling program? Do customers seek and act on the country of origin and method of production information? Have customers modified their purchase decisions based on the country of origin for labeled fish and shellfish products? If so, how? Have customers modified their purchase decisions based on the method of production (farm-raised and/or wild) for labeled fish and shellfish products? If so, how? Net Economic Impact What are the net economic impacts resulting from implementation of the interim final rule? Are the benefits greater or less than the costs of implementation? Authority: 7 U.S.C. 1621 *et seq.* Dated: November 20, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-19962 Filed 11-24-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24814; Directorate Identifier 2006-NM-093-AD; Amendment 39-14833; AD 2006-24-04] RIN 2120-AA64 Airworthiness Directives; Boeing Model 767 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all Boeing Model 767 airplanes. This AD requires repetitive detailed and high frequency eddy current

(HFEC)inspections of the station

(STA)1809.5 bulkhead for cracking and corrective actions if necessary. This AD results from fatigue cracks found in the forward outer chord and horizontal inner chord at STA 1809.5. We are issuing this AD to detect and correct cracking in the bulkhead structure at STA 1809.5, which could result in failure of the bulkhead structure for carrying the flight loads of the horizontal stabilizer, and consequent loss of controllability of the airplane. DATES: This AD becomes effective January 2, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of January 2, 2007. 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: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6447; 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 would apply to all Boeing Model 767 airplanes. That NPRM was published in the **Federal Register** on May 22, 2006 (71 FR 29275). That NPRM proposed to require repetitive detailed and high frequency eddy current

(HFEC)inspections of the station

(STA)1809.5 bulkhead for cracking and corrective actions if 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 Continental Airlines agree with the NPRM, while the Air Transport Association

(ATA)agrees with the intent of the NPRM. Request 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 SRM repair at its next heavy maintenance visit, regardless of inspection findings. Delta also requests that, if the SRM repair is accomplished before finding any cracking, certain actions called out in the SRM, such as cutting out damaged areas and installing filler, not be required as part of the 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, 2006, of Chapter 53-80-08 of Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM, Document D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document D634T225; as applicable. Operators should note that to maintain the type certification of the 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 this AD. We have added a new paragraph

(h)to this AD to provide an optional terminating action. Repair 9 describes procedures for repairing a forward outer chord between S-4 and S-8 and doing repetitive supplemental inspections. The supplemental inspections are a

(1)Detailed inspection of the repair angles, fillers, skin bulkhead web and visible parts of the bulkhead outer chord, and a 2.0-inch-wide zone around the repair internally and externally and

(2)low frequency eddy current inspection of the forward outer chord internally through a certain angle. Repair 10 describes procedures for repairing a horizontal inner chord at approximately water line

(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 parts of the bulkhead inner chord, adjacent structure, and a 2.0-inch-wide zone around the repair internally. Request for Credit for Previously Accomplished Repairs The ATA, on behalf of Delta Airlines, also requests that we add a note stating that repairs accomplished 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 states if no note is added to the NPRM, an operator may feel obliged to obtain an alternative method of compliance

(AMOC)for previously accomplished repairs. We agree to provide credit for a previously accomplished repair if the repair was done after finding cracking. Accomplishment of Repair 9 for a forward outer chord or Repair 10 for a horizontal inner chord before the effective date of this AD, in accordance with the applicable SRM, is acceptable for compliance with the inspections and corrective actions required by paragraph

(f)of this AD for that area only. Operators must accomplish 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. Request To Provide Repair Data The ATA, on behalf of US Airways, requests that, before we issue the AD, 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 data 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 data would expedite repairs and return airplanes to revenue service in a timely manner. We do not agree to publish FAA-approved repair data for cracking found in the fuselage skin. We acknowledge that the service bulletin and applicable 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 unsafe condition in the forward outer chord and horizontal inner chord of the 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 We have carefully reviewed the available data, including the comments 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 903 airplanes of the affected design in the worldwide fleet. This AD affects about 405 airplanes of U.S. registry. The required actions take about 12 work hours per airplane, at an average labor rate of $80 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 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 adding the following new airworthiness directive (AD): **2006-24-04 Boeing:** Amendment 39-14833. Docket No. FAA-2006-24814; Directorate Identifier 2006-NM-093-AD. Effective Date

(a)This AD becomes effective January 2, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to all Boeing Model 767-200, -300, -300F, and -400ER series airplanes, certificated in any category. Unsafe Condition

(d)This AD results from fatigue cracks found in the forward outer chord and horizontal inner chord at station

(STA)1809.5. We are issuing this AD to detect and correct cracking in the bulkhead structure at STA 1809.5, which could result in failure of the bulkhead structure for carrying the flight loads of the horizontal stabilizer, and consequent loss of controllability 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. Repetitive Inspections and Corrective Actions

(f)Before the accumulation of 15,000 total flight cycles, or within 3,000 flight cycles after the effective date of this AD, whichever is later: Do the detailed and high frequency eddy current

(HFEC)inspections for cracking as specified in Parts 1, 2, 3, and 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 767-53A0131, dated March 30, 2006; and do all corrective actions before further flight; by accomplishing all the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 767-53A0131, dated March 30, 2006, except as provided by paragraph

(g)of this AD. Repeat the inspections thereafter at intervals not to exceed 6,000 flight cycles. Accomplishing the corrective action for the inspections specified in Part 1, 2, 3, or 4 of the service bulletin, as applicable, terminates the repetitive inspections for that area only. Exception to Service Bulletin

(g)If any cracking is found in the skin or in any structure other than the forward outer chord or horizontal inner chord, during any inspection required by this AD, and Boeing Alert Service Bulletin 767-53A0131, dated March 30, 2006, specifies to contact Boeing for appropriate action: Before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph

(j)of this AD. Optional Terminating Action

(h)If no cracking is found during the most recent detailed and HFEC inspections for a specified area as required by paragraph

(f)of this AD: Modification of a specified area according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA, terminates the repetitive inspections required by paragraph

(f)of this AD for that area only. For a forward outer chord, one approved method is accomplishment of the actions in Steps 4.A through 4.C and 4.G through 4.P of Repair 9, dated April 15, 2006, of Chapter 53-80-08 of the Boeing 767-200 Structural Repair Manual (SRM), Document D634T201; Boeing 767-300 SRM, Document D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document D634T225; as applicable. For a horizontal inner chord, one approved method is accomplishment of the actions in Steps 4.A, 4.B, and 4.F through 4.P of Repair 10, dated April 15, 2006, of Chapter 53-80-08 of the Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM, Document D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document D634T225; as applicable. Credit for Previously Accomplished Repairs

(i)Repair of a forward outer chord done before the effective date of this AD in accordance with Repair 9, dated April 15, 2006, of Chapter 53-80-08 of the Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM, Document D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document D634T225; as applicable; is acceptable for compliance with the requirements of paragraph

(f)of this AD for that area only. Repair of a horizontal inner chord before the effective date of this AD in accordance with Repair 10, dated April 15, 2006, of Chapter 53-80-08 of the Boeing 767-200 SRM, Document D634T201; Boeing 767-300 SRM, Document D634T210; Boeing 767-300F SRM, Document D634T215; or Boeing 767-400 SRM, Document D634T225; as applicable; is acceptable for compliance with the requirements of paragraph

(f)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 requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with § 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. Material Incorporated by Reference

(k)You must use Boeing Alert Service Bulletin 767-53A0131, dated March 30, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 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 November 9, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-19797 Filed 11-24-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26388; Directorate Identifier 2006-NM-234-AD; Amendment 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 actions if necessary. This AD results from a report of fatigue cracks found in the skin in section 41 of the fuselage, on an in-service Model 747 airplane. We are issuing this AD to detect and correct fatigue cracks at the fastener rows of the fuselage skin in section 41, which could join together and cause a loss of structural integrity and rapid decompression of the airplane. DATES: This AD becomes effective December 12, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of December 12, 2006. We must receive comments on this AD by January 26, 2007. ADDRESSES: Use one of the following addresses to submit comments on this AD. • *DOT Docket Web site:* go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6437; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion We have received a report indicating that fatigue cracks were found in the skin in section 41 of the fuselage, on an in-service Model 747 airplane. A 10-inch skin crack and numerous smaller skin cracks in multiple adjacent fastener rows were found immediately aft of the left number 1 main entry door. The cracks occurred less than 7,000 flight cycles after the terminating action required by AD 2006-20-02, (described below), had been done. The fatigue cracks are the result of cyclic loading during cabin pressurization and de-pressurization. Skin cracks at the fastener rows in section 41 of the fuselage, if not detected and corrected in a timely manner, could join together and result in a loss of structural integrity and rapid decompression of the airplane. Related AD On September 14, 2006, we issued AD 2006-20-02, amendment 39-14771 (71 FR 56861, September 28, 2006) (which superseded AD 96-23-02, amendment 39-9807 (61 FR 57991, November 12, 1996)), for certain Boeing Model 747 airplanes. That AD requires inspections to detect disbonding, corrosion, and cracking at the longitudinal rows of fasteners in the bonded skin panels in section 41 of the fuselage, and repair, if necessary. That AD also requires inspections of airplanes that may have Alodine-coated rivets installed. That AD resulted from a report of cracking discovered in a skin lap joint that was previously inspected using the eddy current method. We issued that AD to prevent rapid decompression of the airplane due to disbonding and subsequent cracking of the skin panels. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 747-53A2675, dated October 12, 2006. The alert service bulletin describes procedures for repetitive inspections for any cracking of the fuselage skin in section 41 of the airplane, reports of inspection findings to Boeing, and related investigative and corrective actions if necessary. Repetitive inspections for any cracking of the fuselage skin includes using surface high-frequency eddy current

(HFEC)inspections or, as a short-term alternative to surface HFEC inspections, external detailed inspections of the skin panel around fastener heads; and open-hole HFEC inspections or, as a short-term alternative to open-hole HFEC inspections, external surface low-frequency eddy current

(LFEC)inspections of the skin at the edge row fasteners common to an external doubler and a bonded internal doubler. Related investigative and corrective actions may involve using a surface HFEC, or an open-hole HFEC inspection, as applicable, on all the affected fuselage skin in section 41; and repairing any crack damage as given in the applicable Boeing 747 Structural Repair Manual, or by contacting Boeing for repair data. The alert service bulletin also specifies the following initial compliance times for the inspections: Within 150 flight cycles after the date on the alert service bulletin; before the accumulation of 8,000 total flight cycles; or within 2,000 flight cycles after the last HFEC inspection, Method 1 (external Ultrasonic) or Method 2 (internal detailed) disbond inspection as given in Boeing Alert Service Bulletin 747-53A2409 (which is referenced in AD 2006-20-02 as the appropriate source of service information for doing the actions for that AD); whichever occurs last. The inspections must be repeated at intervals not to exceed 2,000 flight cycles for the HFEC inspections, and not to exceed 150 flight cycles for the alternative detailed and LFEC inspections that are also not to be repeated more than nine times before the applicable HFEC inspection is started. FAA's Determination and Requirements of this AD The unsafe condition described previously is likely to exist or develop on other airplanes of the same type design. For this reason, we are issuing this AD to detect and correct fatigue cracks at fastener rows, which could join together and cause a loss of structural integrity and rapid decompression of the airplane. This AD requires accomplishing the actions specified in the service information described previously, except as discussed under “Difference Between the AD and the Alert Service Bulletin.” The AD also requires sending the inspection results of each inspection to the manufacturer. Difference Between the AD and the Alert Service Bulletin The alert service bulletin specifies that you may contact the manufacturer for instructions on how to repair certain conditions, but this AD requires you to repair those conditions in one of the following ways: • Using a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by an Authorized Representative for the Boeing Delegation Option Authorization Organization who has been authorized by the FAA to make those findings. Interim Action This is considered to be interim action. The manufacturer has advised that it currently is developing a new inspection program that will expand the size of the inspection area and add repetitive inspections that will address the unsafe condition addressed by this AD and AD 2006-20-02. Once this new inspection program is developed, approved, and available, we may consider additional rulemaking. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists to make this AD effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include “Docket No. FAA-2006-26388; Directorate Identifier 2006-NM-234-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the 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 DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. 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 the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 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 adding the following new airworthiness directive (AD): **2006-24-05 Boeing:** Amendment 39-14834. Docket No. FAA-2006-26388; Directorate Identifier 2006-NM-234-AD. Effective Date

(a)This AD becomes effective December 12, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 747-53A2675, dated October 12, 2006. Unsafe Condition

(d)This AD results from a report that fatigue cracks were found in the skin in section 41 of the fuselage, on an in-service Model 747 airplane. We are issuing this AD to detect and correct fatigue cracks at the fastener rows of the fuselage skin in section 41, which could join together and cause a loss of structural integrity and rapid decompression of the airplane. Compliance

(f)At the applicable compliance time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2675, dated October 12, 2006, do the applicable inspection for any cracking of the fuselage skin in the section 41 area, and do all applicable related investigative and corrective actions, by accomplishing all the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2675, dated October 12, 2006, except as provided by paragraphs

(g)and

(h)of this AD. Repeat the applicable inspection at intervals not to exceed those specified in paragraph 1.E. of the service bulletin. If any crack is found, do all applicable related investigative and corrective actions before further flight.

(g)Where Boeing Alert Service Bulletin 747-53A2675, dated October 12, 2006, recommends an initial inspection threshold relative to the date on the service bulletin, this AD requires the initial inspection threshold relative to the effective date of this AD.

(h)If any crack is found during any inspection required by this AD, and Boeing Alert Service Bulletin 747-53A2675, dated October 12, 2006, specifies to contact Boeing for appropriate action: Before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph

(j)of this AD. Inspection Reports

(i)Submit a report of the findings (both positive and negative) of the inspections required by paragraph

(f)of this AD to Boeing Commercial Airplanes Group, Attention: Manager, Airline Support, P.O. Box 3707, Seattle, Washington 98124-2207, at the applicable time specified in paragraph (i)(1) or (i)(2) of this AD. The report must include the inspection results, a description of any discrepancies/crack found, the airplane serial number, and the number of landings and flight hours on the airplane. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120-0056.

(1)For each inspection done after the effective date of this AD: Submit the report within 10 days after the inspection.

(2)For each inspection accomplished prior to the effective date of this AD: Submit the report within 10 days after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (j)(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.

(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. Material Incorporated by Reference

(k)You must use Boeing Alert Service Bulletin 747-53A2675, dated October 12, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 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 November 13, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-19805 Filed 11-24-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-26111; Airspace Docket No. 06-AAL-32] RIN 2120-AA66 Amendment to Jet Route and Colored Federal Airways; Alaska AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Jet Route 510 (J-510), and Colored Federal Airways Amber 2 (A-2), Amber 15 (A-15), and Green 8 (G-8), Alaska. Specifically, the FAA is re-designating J-510 as J-512 because of duplication with a Canadian Jet Route number, causing problems with the Flight Data processors during route validation at the Anchorage Air Route Traffic Control Center. Additionally, portions of A-2, and A-15, and G-8 are discontinuous between fixes, causing flight processing software problems, and will be re-designated. DATES: Effective Date: 0901 UTC, January 18, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:

(202)267-8783. SUPPLEMENTARY INFORMATION: Background Because of limitations in the Oceans 21 Advanced Technologies and Oceanic Procedures

(ATOP)system scheduled for operation at Anchorage Center, several route numbers were identified that were either duplicated in the National Airspace System or discontinuous between fixes. This rule is necessary to smooth the transition to ATOP at the Anchorage Center. Alaskan Jet Routes and Colored Federal airways are published in paragraph 2004 and 6009 of FAA Order 7400.9P dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Federal Airways listed in this document will be published subsequently in the Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by re-designating J-510 as J-512 because the J-510 designation is duplicated by a Canadian Jet Route and causes problems with the Flight Data processors during route validation at Anchorage Air Route Traffic Control Center. A-2, and A-15 are discontinuous between the Delta Junction Non-directional Beacon

(NDB)and the Chena NDB, which also causing flight processing software problems. They will be re-designated as A-9 and A-17 respectively. G-8 is discontinuous between Kachemak NDB and Campell Lake NDB and will be re-designated as G-11. The route number change will coincide with the effective date of this rulemaking action. Accordingly, this action merely involves editorial change in the route number of the legal description of a colored Federal airway, and does not involve a change in the dimensions or operating requirements of that airway, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under Department of Transportation

(DOT)Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Polices and Procedures.” This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 2004 Jet Routes. J-510 [Remove] J-512 [New] From; Emmonak, AK; Unalakleet, AK; to Galena, AK Paragraph 6009

(a)Green Federal airways. G-8 [Revised] From Shemya, AK, NDB, 20 AGL; Mount Moffet, AK, NDB, 20 AGL; Dutch Harbor, AK, NDB, 20 AGL; INT Dutch Harbor NDB 041° and Elfee, AK, NDB 253° bearings, 20 AGL; Elfee, AK, NDB, 20 AGL; Saldo, AK, NDB; INT Saldo, AK, NDB 054° and Kachemak, AK, NDB 269° bearings; to Kachemak NDB, AK. G-11 [New] From Campbell Lake, AK, NDB; INT Campbell Lake, AK, NDB 031° and Glenallen, AK, NDB 255° bearings; Glenallen, AK, NDB; INT Glenallen, AK, 052° and Nabesna, AK, NDB 252° bearings; to Nabesna, AK, NDB. Paragraph 6009

(c)Amber Federal airways. A-2 [Revised] From Beaver Creek, YT, Canada, NDB; Nebesna, AK, NDB; to Delta Junction, AK, NDB. The airspace within Canada is excluded. A-9 [New] From Browerville, AK, NDB.; Evansville, AK, NDB; to Chena, AK, NDB A-15 [Revised] From Ethelda, BC, Canada, NDB; Nichols, AK, NDB; Sumner Strait, AK, NDB; Coghlan Island, AK, NDB; Haines, AK, NDB; Burwash, YT, Canada, NDB; Beaver Creek, YT, Canada, NDB; Nabesna, AK, NDB; to Delta Junction, AK, NDB. The airspace within Canada is excluded. A-17 [New] From Chena, AK, NDB; Chandalar Lake, AK, NDB; to Put River, AK, NDB. Issued in Washington, DC, on November 16, 2006. Ellen Crum, Acting Manager, Airspace and Rules. [FR Doc. E6-19834 Filed 11-24-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 738 and 740 [Docket No. 061101286-6286-01] RIN 0694-AD85 Addition of “Montenegro” and “Serbia” as Separate Countries in the Export Administration Regulations Based on U.S. Recognition of Montenegro as a Sovereign State AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: The Bureau of Industry and Security

(BIS)is amending the Export Administration Regulations

(EAR)to add “Montenegro” and “Serbia” as separate countries in the EAR and to establish separate export licensing requirements for Montenegro and Serbia. BIS is taking this action to update the EAR to reflect the United States' recognition of Montenegro as a sovereign state by the United States. EFFECTIVE DATE: This rule is effective November 27, 2006. ADDRESSES: Although this is a final rule, comments are welcome and should be sent to *publiccomments@bis.doc.gov,* by fax to

(202)482-3355, or to Jeffery Lynch, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. Please refer to regulatory identification number

(RIN)0694-AD85 in all comments, and in the subject line of email comments. Comments on the collection of information should be sent to David Rostker, Office of Management and Budget

(OMB)by e-mail to *David_Rostker@omb.eop.gov,* or by fax to

(202)395-7285. FOR FURTHER INFORMATION CONTACT: Joan M. Maloney-Roberts, Foreign Policy Division, Office of Nonproliferation Treaty Compliance, Bureau of Industry and Security, *Telephone:*

(202)482-4196. SUPPLEMENTARY INFORMATION: This final rule deletes “Serbia and Montenegro” and adds “Montenegro” and “Serbia” as separate entries on the Commerce Country Chart in Supplement No. 1 to part 738 of the EAR for export licensing purposes. In a press release dated June 13, 2006, the U.S. Department of State announced that the United States recognized Montenegro as a sovereign state based on an internationally recognized May 21, 2006 referendum. *See* Press Release, U.S. Department of State, U.S. Recognizes Montenegro as Independent State (June 13, 2006), *available at http://www.state.gov/secretary/rm/2006/67839.htm.* Previously, the EAR referred to “Serbia and Montenegro” as one country. This final rule also updates references to “Serbia and Montenegro” in part 740 of the EAR to reflect Montenegro's legal separation from the state union of Serbia and Montenegro. *Specifically, this rule amends the EAR as follows:* 1. In Supplement No. 1 to part 738 of the EAR, the Commerce Country Chart is amended by removing “Serbia and Montenegro” and by adding “Montenegro” and “Serbia.” This amendment does not affect any of the license requirements indicated on the Commerce Country Chart, since the Commerce Control List based license requirements that apply to “Montenegro” and “Serbia” are the same as those that applied to “Serbia and Montenegro” prior to the publication of this rule. 2. In Supplement No. 1 to part 740 of the EAR (Country Groups), Country Group B is amended by removing “Serbia and Montenegro” and adding “Montenegro” and “Serbia”. 3. Section 740.7(d)(1) of the EAR (Computer Tier 3 destinations) is amended by removing “Serbia and Montenegro” and adding “Montenegro” and “Serbia” for License Exception APP purposes. Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as extended by the Notice of August 3, 2006, 71 FR 44551 (August 7, 2006), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. Rulemaking Requirements 1. This final rule has been determined to be not significant for purposes of E.O. 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget

(OMB)Control Number. This rule contains a collection of information subject to the requirements of the PRA. This collection has previously been approved by OMB under Control Number 0694-0088 (Multi-Purpose Application), which carries a burden hour estimate of 58 minutes to prepare and submit form BIS-748. This rule is not expected to result in any change for collection purposes. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to David Rostker, Office of Management and Budget (OMB), and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, as indicated in the ADDRESSES section of this rule. 3. This rule does not contain policies with Federalism implications as this term is defined under Executive Order 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 5 U.S.C. 553 or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, this regulation is issued in final form. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to *publiccomments@bis.doc.gov* , by fax to

(202)482-3355, or to Jeffery Lynch, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. List of Subjects 15 CFR Part 738 Administrative practice and procedure, Exports, Foreign trade. 15 CFR Part 740 Administrative practice and procedure, Exports, Foreign trade, Reporting and recordkeeping requirements. Accordingly, parts 738 and 740 of the Export Administration Regulations (15 CFR parts 730-774) are amended as follows: PART 738—[AMENDED] 1. The authority citation for 15 CFR part 738 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 *et seq.* ; 22 U.S.C. 287c; 22 U.S.C. 3201 *et seq.* ; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006). Supplement No. 1 to Part 738 [Amended] 2. Supplement No. 1 to Part 738 is amended by removing the entry for “Serbia and Montenegro” and by adding, in alphabetical order, new entries for “Montenegro” and “Serbia” to read as follows: Supplement No. 1 to Part 738—Commerce Country Chart [Reason for control] Countries Chemical & Biological Weapons CB 1 CB 2 CB 3 Nuclear Nonproliferation NP 1 NP 2 National Security NS 1 NS 2 Missile Tech MT 1 Regional Stability RS 1 RS 2 Firearms Convention FC 1 Crime Control CC 1 CC 2 CC 3 Anti- Terrorism AT 1 AT 2 * * * * * * * Montenegro X X X X X X X X X X X * * * * * * * Serbia X X X X X X X X X X X * * * * * * * PART 740—[AMENDED] 3. The authority citation for 15 CFR part 740 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.;* 50 U.S.C. 1701 *et seq.;* Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006). § 740.7 [Amended] 4. In Section 740.7, paragraph (d)(1) is amended by revising the phrase “Mongolia, Morocco, Oman, Pakistan, Qatar, Russia, Serbia and Montenegro, Saudi Arabia, Serbia Tajikistan” to read “Mongolia, Montenegro, Morocco, Oman, Pakistan, Qatar, Russia, Saudi Arabia, Serbia, Tajikistan,”. Supplement No. 1 to Part 740 [Amended] 5. In Supplemental No. 1 to part 740, Country Group B is amended by removing “Serbia and Montenegro” and by adding, in alphabetical order, “Montenegro” and “Serbia”. Dated: November 16, 2006. Christopher A. Padilla, Assistant Secretary for Export Administration. [FR Doc. 06-9414 Filed 11-24-06; 8:45 am]

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