Examining the Docket \n\n\tYou 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. \n\nDiscussion \n\n\tThe FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Boeing Model 757-200, -200PF, and -200CB series airplanes. That NPRM was published in the Federal Register on May 9, 2006 (71 FR 26875). That NPRM proposed to require doing initial and repetitive detailed or high frequency eddy current (HFEC) inspections for cracks around the rivets at the upper fastener row of the skin lap splice of the fuselage, and repairing any crack found. \n\nComments \n\n\tWe provided the public the opportunity to participate in the development of this AD. We have considered the comments received. \n\nSupport for NPRM \n\n\tAmerican Airlines agrees with the NPRM and has no further comment at this time. \n\nNPRM Not Applicable \n\n\tContinental Airlines states that, based on the effectivity, the NPRM is not applicable to its 757 fleet. \n\nRequest To Add Credit for Alternate Inspections \n\n\tNorthwest Airlines (NWA) and Air Transport Association (ATA), on behalf of member airlines, ask that, to avoid unnecessary processing of an alternative method of compliance (AMOC), credit be allowed in this AD for accomplishing the lap splice inspections specified in Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005 (referenced in the NPRM as the source of service information for accomplishing the required actions). NWA states that paragraph 1.F. of the referenced service bulletin specifies that the lap splice inspections are approved as an AMOC to AD2001-20-12, amendment 39- 12460 (66 FR 52492, October 16, 2001) for the significant structural item (SSI) inspections. NWA adds that AD 2006-11-11, amendment 39-14615 (71 FR 30278, May 26, 2006) supersedes AD 2001-20-12. \n\tWe agree with the commenters. Accomplishing the requirements in paragraph (f) of AD 2006-11-11 terminates the requirements in paragraph (f) of this AD. We have added a new paragraph (i)(4) to this AD to specify that the inspections in the referenced service bulletin were approved as an AMOC to AD 2006-11-11. \n\nRequest To Revise Service Information \n\n\tUS Airways and ATA, on behalf of member airlines, recommend that, prior to release of a final rule, published repair information be provided in a subsequent revision to the referenced service bulletin or the Boeing 757-200 Structural Repair Manual (SRM). U.S. Airways states that published FAA-approved repair data as a means of compliance to the proposed rule will reduce the administrative burden of processing AMOCsbetween the operator and the Boeing Commercial Airplanes Delegation Option Authorization Organization. U.S. Airways adds that providing repair data in advance of the release of the final rule will result in expedited repairs and return airplanes to revenue service in a timely manner. \n\tWe partially agree with the commenters. Having all repair procedures in one place can be simpler for operators, but there is no repair method defined as yet, and we do not know if or when Boeing will revise its service bulletin or SRM. Waiting to include a revised service bulletin or SRM in this action would delay addressing an unsafe condition. Therefore, we have made no change to the AD in this regard. \n\nClarify Description of Production Rivets \n\n\tBoeing asks that we clarify the description of the production rivets installed in the skin lap splices by deleting "modified" when describing the rivets. Boeing states that the production rivets are commonly referred to as "Briles" rivets, and are manufactured with a 120-degree, modified shear head. Boeing notes that the current wording implies that the rivets were modified before installation on the aircraft. \n\tWe acknowledge Boeing's request for clarification. We have changed the description in the Summary section and in paragraph (d) of this AD as follows: "This AD results from a report indicating that certain rivets were incorrectly installed in some areas of the skin lap splices during production because they were drilled with a countersink that was too deep." The Discussion section of the NPRM preamble does not reappear in the final rule. \n\nConclusion \n\n\tWe 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. These changes will neither increase the economic burden on any operator nor increase the scope of the AD. \n\nCosts of Compliance \n\n\tThere are about 294 airplanes of the affected design in the worldwide fleet. This AD affects about 160 airplanes of U.S. registry. The following tables provide the estimated costs for U.S. operators to comply with either the detailed or HFEC inspections in this AD. \n\n\nEstimated Costs for Detailed Inspection, per Inspection Cycle\n\nAirplane group\nWork hours\nAverage hourly labor rate\nCost per airplane\nGroup 1\n7\n$80\n$560\nGroup 2\n6\n$80\n$480\nGroup 3\n12\n$80\n$960\nGroup 4\n10\n$80\n$800\nEstimated Costs for HFEC Inspection, per Inspection Cycle\n\nAirplane group\nWork hours\nAverage hourly labor rate\nCost per airplane\nGroup 1\n12\n$80\n$960\nGroup 2\n11\n$80\n$880\nGroup 3\n20\n$80\n$1,600\nGroup 4\n15\n$80\n$1,200\n\n\nAuthority for This Rulemaking \n\n\tTitle 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. \n\tWe 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. \n\nRegulatory Findings \n\n\tWe 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a "significant regulatory action" under Executive Order 12866; \n\t(2) Is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\t(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. \n\tWe 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. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\nSec. 39.13 (Amended)2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):