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56860 Federal Register / Vol. 70, No.

188 / Thursday, September 29, 2005 / Proposed Rules

Alternative Methods of Compliance for sending your comments business, labor union, etc.). You can
(AMOCs) electronically. review DOT’s complete Privacy Act
(h)(1) The Manager, International Branch, • Government-wide rulemaking Web Statement in the Federal Register
ANM–116, Transport Airplane Directorate, Site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR
FAA, has the authority to approve AMOCs and follow the instructions for sending 19477–78), or you can visit http://
for this AD, if requested in accordance with your comments electronically. dms.dot.gov.
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in • Mail: Docket Management Facility,
Examining the Docket
accordance with § 39.19 on any airplane to U.S. Department of Transportation, 400
which the AMOC applies, notify the Seventh Street SW., Nassif Building, You can examine the AD docket on
appropriate principal inspector in the FAA room PL–401, Washington, DC 20590. the Internet at http://dms.dot.gov, or in
Flight Standards Certificate Holding District • By Fax: (202) 493–2251. person at the Docket Management
Office. • Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5
Related Information the plaza level of the Nassif Building, p.m., Monday through Friday, except
400 Seventh Street SW., Washington, Federal holidays. The Docket
(i) Brazilian airworthiness directive 2005–
08–05, effective September 6, 2005, also DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone
addresses the subject of this AD. through Friday, except Federal holidays. (800) 647–5227) is located on the plaza
For service information identified in level of the Nassif Building at the DOT
Issued in Renton, Washington, on
September 16, 2005. this proposed AD, contact Boeing street address stated in the ADDRESSES
Commercial Airplanes, P.O. Box 3707, section. Comments will be available in
Ali Bahrami,
Seattle, Washington 98124–2207. the AD docket shortly after the DMS
Manager, Transport Airplane Directorate,
You can examine the contents of this receives them.
Aircraft Certification Service.
AD docket on the Internet at http:// Discussion
[FR Doc. 05–19238 Filed 9–28–05; 8:45 am]
dms.dot.gov, or in person at the Docket
BILLING CODE 4910–13–P
Management Facility, U.S. Department Boeing has completed extended
of Transportation, 400 Seventh Street pressure fatigue tests on a Boeing Model
SW., room PL–401, on the plaza level of 747SR and a 747–400 fuselage test
DEPARTMENT OF TRANSPORTATION article. Boeing has also used updated
the Nassif Building, Washington, DC.
Federal Aviation Administration This docket number is FAA–2005– analysis methods on the 747 fuselage
22526; the directorate identifier for this structure. The tests and analysis have
14 CFR Part 39 docket is 2005–NM–008–AD. identified areas of the fuselage where
fatigue cracks can occur. This condition,
[Docket No. FAA–2005–22526; Directorate FOR FURTHER INFORMATION CONTACT: Ivan
if not corrected, could result in loss of
Identifier 2005–NM–008–AD] Li, Aerospace Engineer, Airframe
the structural integrity of the fuselage
Branch, ANM–120S, FAA, Seattle
RIN 2120–AA64 and consequent rapid depressurization
Aircraft Certification Office, 1601 Lind
of the airplane.
Avenue, SW., Renton, Washington
Airworthiness Directives; Boeing
98055–4056; telephone (425) 917–6437; Related AD
Model 747–200F, 747–200C, 747–400,
747–400D, and 747–400F Series fax (425) 917–6590. On May 14, 2002, we issued AD
Airplanes SUPPLEMENTARY INFORMATION: 2002–10–10, amendment 39–12756 (67
Comments Invited FR 36081, May 23, 2002). That AD
AGENCY: Federal Aviation applies to certain Boeing Model 747
Administration (FAA), Department of We invite you to submit any relevant airplanes. That AD requires repetitive
Transportation (DOT). written data, views, or arguments inspections to detect cracks in various
ACTION: Notice of proposed rulemaking regarding this proposed AD. Send your areas of the fuselage internal structure,
(NPRM). comments to an address listed under and repair if necessary. This proposed
ADDRESSES. Include ‘‘Docket No. FAA– AD would require similar inspections
SUMMARY: The FAA proposes to adopt a 2005–22526; Directorate Identifier
new airworthiness directive (AD) for all for Model 747 airplanes that are not
2005–NM–008–AD’’ in the subject line identified in the applicability of AD
Boeing Model 747–200F, 747–200C, of your comments. We specifically
747–400, 747–400D, and 747–400F 2002–10–10.
invite comments on the overall We also issued AD 2004–07–22,
series airplanes. This proposed AD regulatory, economic, environmental, amendment 39–13566 (69 FR 18250,
would require repetitive inspections for and energy aspects of the proposed AD. April 7, 2004), as corrected (69 FR
cracking of certain fuselage internal We will consider all comments 19618, April 13, 2005), and as further
structure, and repair if necessary. This submitted by the closing date and may corrected (69 FR 24063, May 3, 2005).
proposed AD is prompted by fatigue amend the proposed AD in light of those That AD applies to all Boeing Model
tests and analysis that identified areas of comments. 747 series airplanes and requires that
the fuselage where fatigue cracks can We will post all comments we the FAA-approved maintenance
occur. We are proposing this AD to receive, without change, to http:// inspection program be revised to
prevent loss of the structural integrity of dms.dot.gov, including any personal include inspections that will give no
the fuselage, which could result in rapid information you provide. We will also less than the required damage tolerance
depressurization of the airplane. post a report summarizing each rating for each structural significant
DATES: We must receive comments on substantive verbal contact with FAA item, and repair of cracked structure.
this proposed AD by November 14, personnel concerning this proposed AD.
2005. Using the search function of that Web Relevant Service Information
ADDRESSES: Use one of the following site, anyone can find and read the We have reviewed Boeing Alert
addresses to submit comments on this comments in any of our dockets, Service Bulletin 747–53A2500, dated
proposed AD. including the name of the individual December 21, 2004. Procedures for
• DOT Docket Web Site: Go to http:// who sent the comment (or signed the repetitive inspections for cracks are
dms.dot.gov and follow the instructions comment on behalf of an association, listed in the following table:

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Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules 56861

SERVICE BULLETIN PROCEDURES


The service bulletin describes procedures for— Of the—

Internal detailed inspections ..................................................................... Upper deck floor beams;


Section 42 frames;
Section 46 frames; and
Nose wheel well bulkheads, sidewall panels, and the STA 360 and 380
main deck floor beams.
Internal and external detailed inspections ................................................ Main entry doors and door cutouts; and
Fuselage skin at all four corners of the main electronics bay access
door cutout.

The compliance threshold is 22,000 or develop on other airplanes of this same instructions on how to repair certain
25,000 total flight cycles (depending on type design. Therefore, we are conditions, but this proposed AD would
the inspection area and airplane proposing this AD, which would require require you to repair those conditions
configuration), with a repetitive interval accomplishing the actions specified in by using a method that we approve, or
of 3,000 flight cycles. The service the service information described using data that meet the certification
bulletin recommends repairing cracks previously, except as discussed below. basis of the airplane and that have been
by using the structural repair manual approved by an Authorized
Differences Between the Proposed AD
(SRM) or contacting Boeing. Representative for the Boeing Delegation
and the Service Bulletin
Accomplishing the actions specified in Option Authorization Organization
the service information is intended to The service bulletin specifies whom we have authorized to make
adequately address the unsafe compliance times relative to the date of those findings.
condition. issuance of the service bulletin;
however, this proposed AD would Costs of Compliance
FAA’s Determination and Requirements require compliance before the specified There are about 706 airplanes of the
of the Proposed AD compliance times relative to the affected design in the worldwide fleet.
We have evaluated all pertinent effective date of this AD. The following table provides the
information and identified an unsafe Also, the service bulletin specifies estimated costs for U.S. operators to
condition that is likely to exist or contacting the manufacturer for comply with this proposed AD.

ESTIMATED COSTS
(per inspection cycle)

Number of
Work Average labor Cost per
Action Parts U.S.-registered Fleet cost
hours rate per hour airplane airplanes

Inspections ................................ 260 $65 None required ........................... $16,900 107 $1,808,300

Authority for This Rulemaking Regulatory Findings section for a location to examine the
We have determined that this regulatory evaluation.
Title 49 of the United States Code
specifies the FAA’s authority to issue proposed AD would not have federalism List of Subjects in 14 CFR Part 39
rules on aviation safety. Subtitle I, implications under Executive Order
13132. This proposed AD would not Air transportation, Aircraft, Aviation
section 106, describes the authority of safety, Safety.
have a substantial direct effect on the
the FAA Administrator. Subtitle VII,
States, on the relationship between the The Proposed Amendment
Aviation Programs, describes in more
national Government and the States, or
detail the scope of the Agency’s Accordingly, under the authority
on the distribution of power and
authority. responsibilities among the various delegated to me by the Administrator,
We are issuing this rulemaking under levels of government. the FAA proposes to amend 14 CFR part
the authority described in subtitle VII, For the reasons discussed above, I 39 as follows:
part A, subpart III, section 44701, certify that the proposed regulation:
‘‘General requirements.’’ Under that 1. Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS
section, Congress charges the FAA with action’’ under Executive Order 12866; DIRECTIVES
promoting safe flight of civil aircraft in 2. Is not a ‘‘significant rule’’ under the
1. The authority citation for part 39
air commerce by prescribing regulations DOT Regulatory Policies and Procedures
continues to read as follows:
for practices, methods, and procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant Authority: 49 U.S.C. 106(g), 40113, 44701.
the Administrator finds necessary for
safety in air commerce. This regulation economic impact, positive or negative, § 39.13 [Amended]
is within the scope of that authority on a substantial number of small entities
under the criteria of the Regulatory 2. The FAA amends § 39.13 by adding
because it addresses an unsafe condition
Flexibility Act. the following new airworthiness
that is likely to exist or develop on
We prepared a regulatory evaluation directive (AD):
products identified in this rulemaking
action. of the estimated costs to comply with Boeing: Docket No. FAA–2005–22526;
this proposed AD. See the ADDRESSES Directorate Identifier 2005–NM–008–AD.

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56862 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules

Comments Due Date (2) Accomplishment of the inspections however, these companies would
(a) The Federal Aviation Administration specified in this AD is considered an AMOC continue to file their quarterly reports
(FAA) must receive comments on this AD for the applicable requirements of paragraphs on Form 10–Q under the current 40-day
action by November 14, 2005. (c) and (d) of AD 2004–07–22, amendment deadline, rather than the 35-day
39–13566, under the following conditions:
Affected ADs (i) The actions must be done within the
deadline that was scheduled to apply to
(b) Inspections specified in this AD may be compliance times specified in AD 2004–07– quarterly reports filed next year. Other
considered an alternative method of 22. The initial inspection must be done at the accelerated filers would continue to file
compliance (AMOC) for certain requirements times specified in paragraph (d) of AD 2004– both their annual and quarterly reports
of AD 2004–07–22, as specified in paragraph 07–22, and the inspections must be repeated under current deadlines—75 days after
(i)(2) of this AD. within the intervals specified in paragraph (f) fiscal year end for annual reports on
of this AD. Form 10–K and 40 days after quarter
Applicability (ii) The AMOC applies only to the areas of end for quarterly reports on Form 10–Q.
(c) This AD applies to all Boeing Model Supplemental Structural Inspection We also are proposing to revise the
747–200F, 747–200C, 747–400, 747–400D, Document D6–35022, Revision G, that are
and 747–400F series airplanes; certificated in specified in Boeing Alert Service Bulletin
definition of the term ‘‘accelerated filer’’
any category. 747–53A2500, dated December 21, 2004. to permit an accelerated filer that has
(3) An AMOC that provides an acceptable voting and non-voting common equity
Unsafe Condition held by non-affiliates of less than $25
level of safety may be used for any repair
(d) This AD was prompted by fatigue tests required by this AD, if it is approved by an million to exit accelerated filer status
and analysis that identified areas of the Authorized Representative for the Boeing promptly and begin filing its annual and
fuselage where fatigue cracks can occur. We Delegation Option Authorization quarterly reports on a non-accelerated
are issuing this AD to prevent loss of the Organization who has been authorized by the
structural integrity of the fuselage, which filer basis. Finally, the proposed
Manager, Seattle ACO, to make those amendments would permit a large
could result in rapid depressurization of the findings. For a repair method to be approved,
airplane. the repair must meet the certification basis of
accelerated filer that has voting and
the airplane, and the approval must non-voting common equity held by non-
Compliance
specifically refer to this AD. affiliates of less than $75 million to
(e) You are responsible for having the (4) Before using any AMOC approved in promptly exit large accelerated filer
actions required by this AD performed within accordance with § 39.19 on any airplane to status.
the compliance times specified, unless the which the AMOC applies, notify the
actions have already been done. appropriate principal inspector in the FAA
DATES: Comments should be received on
Inspections Flight Standards Certificate Holding District or before October 31, 2005.
Office. ADDRESSES: Comments may be
(f) Except as required/provided by
paragraphs (g) and (h) of this AD: Do initial Issued in Renton, Washington, on submitted by any of the following
and repetitive inspections for fuselage cracks September 16, 2005. methods:
using applicable internal and external Ali Bahrami, Electronic Comments
detailed inspection methods, and repair all
Manager, Transport Airplane Directorate,
cracks, by doing all the actions specified in • Use the Commission’s Internet
Aircraft Certification Service.
the Accomplishment Instructions of Boeing comment form http://www.sec.gov/
Alert Service Bulletin 747–53A2500, dated [FR Doc. 05–19239 Filed 9–28–05; 8:45 am]
rules/proposed.shtml; or
December 21, 2004. Do the initial and BILLING CODE 4910–13–P • Send an e-mail to rule-
repetitive inspections at the times specified comments@sec.gov. Please include File
in paragraph 1.E. of the service bulletin.
Repair any crack before further flight after
Number S7–08–05 on the subject line;
SECURITIES AND EXCHANGE or
detection.
COMMISSION • Use the Federal eRulemaking Portal
Exceptions to Service Bulletin Procedures (http://www.regulations.gov). Follow the
(g) If any crack is found during any 17 CFR Parts 210, 229, 240 and 249 instructions for submitting comments.
inspection required by this AD, and the [Release Nos. 33–8617; 34–52491; File No.
bulletin specifies to contact Boeing for Paper Comments
S7–08–05]
appropriate action: Before further flight, • Send paper comments in triplicate
repair the crack according to a method RIN 3235–AJ29 to Jonathan G. Katz, Secretary,
approved by the Manager, Seattle Aircraft
Certification Office (ACO), FAA; or according Securities and Exchange Commission,
Revisions to Accelerated Filer
to data meeting the certification basis of the 100 F Street, NE, Washington, DC
Definition and Accelerated Deadlines
airplane approved by an Authorized 20549–9303.
for Filing Periodic Reports
Representative for the Boeing Delegation All submissions should refer to File
Option Authorization Organization who has AGENCY: Securities and Exchange Number S7–08–05. This file number
been authorized by the Manager, Seattle Commission. should be included on the subject line
ACO, to make those findings. For a repair if e-mail is used. To help us process and
method to be approved, the repair must meet ACTION: Proposed rule.
review your comments more efficiently,
the certification basis of the airplane, and the
SUMMARY: We are proposing to modify please use only one method. The
approval must specifically reference this AD.
(h) Where the service bulletin specifies a the periodic report filing deadlines so Commission will post all comments on
compliance time after the issuance of the that only the largest accelerated filers the Commission’s Internet Web site
service bulletin, this AD requires compliance (those with a market value of (http://www.sec.gov/rules/
within the specified compliance time after outstanding voting and non-voting proposed.shtml). Comments will also be
the effective date of this AD. common equity held by non-affiliates of available for public inspection and
AMOCs $700 million or more) become subject to copying in the Commission’s Public
(i)(1) The Manager, Seattle Aircraft
the final phase-in of the accelerated Reference Room, 100 F Street, NE,
Certification Office (ACO), FAA, has the filing transition schedule that will Washington, DC 20549. All comments
authority to approve AMOCs for this AD, if require annual reports on Form 10–K to received will be posted without change;
requested in accordance with the procedures be filed within 60 days after fiscal year we do not edit personal identifying
found in 14 CFR 39.19. end. Under our proposed amendments, information from submissions. You

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