62424 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Proposed Rules 

after the effective date of this AD, whichever 

occurs later: Do a one-time detailed and 

surface high frequency eddy current 

inspections at all ‘‘oil-can’’ locations of the 

aft pressure bulkhead web for damage and 

cracks, in accordance with Figure 4 of the 

Accomplishment Instructions of the Boeing 

ASB 767–53A0026, Revision 5, dated January 

29, 2004. All ‘‘oil-cans’’ must meet the limits 

specified in the service bulletin.

Note 2: An ‘‘oil-can’’ is an area on a 

pressure dome web that moves when pushed 

from the forward side.

(1) If no damage and no crack is found, no 

further action is required by this paragraph. 

(2) If any damage or crack is found, before 

further flight, repair in accordance with the 

service bulletin, except as required by 

paragraph (i) of this AD. 

(3) If any ‘‘oil can’’ does not meet the limits 

specified in the service bulletin, before 

further flight, repair the ‘‘oil can’’ in 

accordance with the service bulletin, except 

as required by paragraph (i) of this AD. 

(i) Where the service bulletin specifies to 

contact Boeing for repair data, before further 

flight, repair the damage or crack per a 

method approved by the Manager, Seattle 

ACO, FAA; or per data meeting the type 

certification basis of the airplane approved 

by a Boeing Company Designated 

Engineering Representative (DER) who has 

been authorized by the Manager, Seattle 

ACO, to make such findings. For a repair 

method to be approved, as required by this 

paragraph, the approval must specifically 

reference this AD. 

(j) Inspections and repairs accomplished 

before the effective date of this AD in 

accordance with Boeing ASB 767–53A0026, 

Revision 4, dated March 27, 2003, are 

considered acceptable for compliance with 

paragraph (h) of this AD. 

Determining the Number of Flight Cycles for 

Compliance Time 

(k) For the purposes of calculating the 

compliance threshold for the actions required 

by paragraph (f) and (h) of this AD, the 

number of flight cycles in which cabin 

differential pressure is at 2.0 pounds per 

square inch (psi) or less must be counted 

when determining the number of flight cycles 

that have occurred on the airplane. Where 

the service bulletins and this AD differ, the 

AD prevails. 

Alternative Methods of Compliance (AMOCs) 

(l)(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) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by a 

Boeing Company Designated Engineering 

Representative who has been authorized by 

the Manager, Seattle ACO, to make those 

findings. 

(3) Alternative methods of compliance, 

approved previously in accordance with AD 

2004–05–10, amendment 39–13505, are 

approved as alternative methods of 

compliance with this AD.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–23931 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19448; Directorate 

Identifier 2004–NM–134–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–90–30 Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

McDonnell Douglas Model MD–90–30 

airplanes. This proposed AD would 

require replacing, with improved parts, 

certain existing fluorescent light lamp 

holders located in the ceiling panels and 

life raft ceiling support housings, and 

behind the overhead stowage 

compartments in the main cabin. This 

proposed AD is prompted by reports of 

failure of fluorescent light lamp holders 

in the main cabin. We are proposing this 

AD to prevent chafing of the lamp 

holder power wire against the mounting 

bracket, and moisture intrusion into the 

lamp holders, which could result in 

failure of the lamp holders and 

consequent smoke and fire in the 

airplane cabin.

DATES: We must receive comments on 

this proposed AD by December 10, 

2004.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed 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. 

• By 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. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Long Beach 

Division, 3855 Lakewood Boulevard, 

Long Beach, California 90846, 

Attention: Data and Service 

Management, Dept. C1–L5A (D800–

0024). 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Technical information: George Mabuni, 

Aerospace Engineer, Systems and 

Equipment Branch, ANM–130L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5341; fax (562) 

627–5210. 

Plain language information: Marcia 

Walters, marcia.walters@faa.gov.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS) 

The FAA has implemented new 

procedures for maintaining AD dockets 

electronically. As of May 17, 2004, new 

AD actions are posted on DMS and 

assigned a docket number. We track 

each action and assign a corresponding 

directorate identifier. The DMS AD 

docket number is in the form ‘‘Docket 

No. FAA–2004–99999.’’ The Transport 

Airplane Directorate identifier is in the 

form ‘‘Directorate Identifier 2004–NM–

999–AD.’’ Each DMS AD docket also 

lists the directorate identifier (‘‘Old 

Docket Number’’) as a cross-reference 

for searching purposes. 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2004–19448; Directorate Identifier 

2004–NM–134–AD’’ in the subject line 

of your comments. We specifically 

invite comments on the overall 

regulatory, economic, environmental, 

and energy aspects of the proposed AD. 

We will consider all comments 

submitted by the closing date and may 

amend the proposed AD in light of those 

comments. 

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 

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Proposed Rules 62425

substantive verbal contact with FAA 

personnel concerning this proposed 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 can 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (65 FR 

19477–78), or you can visit http://

dms.dot.gov.

We are reviewing the writing style we 

currently use in regulatory documents. 

We are interested in your comments on 

whether the style of this document is 

clear, and your suggestions to improve 

the clarity of our communications that 

affect you. You can get more 

information about plain language at 

http://www.faa.gov/language and http://

www.plainlanguage.gov.

Examining the Docket 

You can 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 DMS 

receives them.

Discussion 

We have received reports of failure of 

certain fluorescent light lamp holders 

that are installed in the ceiling panels 

and life raft ceiling support housings 

and behind the overhead stowage 

compartments in the main cabin on all 

McDonnell Douglas MD–90–30 

airplanes. The failures have been 

attributed to chafing of the lamp holder 

power wire against the mounting 

bracket, and moisture intrusion into the 

lamp holders. Failure of the lamp 

holders, if not corrected, could result in 

smoke and fire in the airplane cabin. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin MD90–33A012, 

Revision 3, dated January 14, 2004. The 

service bulletin describes procedures for 

replacing existing Page Aerospace 

Limited fluorescent light lamp holders 

located in the ceiling panels and life raft 

ceiling support housings with improved 

Bruce Industries Incorporated lamp 

holders. Boeing Alert Service Bulletin 

MD90–33A012, Revision 3, refers to C & 

D Aerospace Alert Service Bulletin 

59406XX–25A01 as an additional source 

of service information for accomplishing 

the replacement. The current version of 

that C&D Aerospace service bulletin is 

Revision 4, dated July 31, 2003. 

We have also reviewed Boeing Alert 

Service Bulletin MD90–33A013, dated 

November 29, 2001. The service bulletin 

describes procedures for replacing 

existing Page Aerospace Limited 

fluorescent light lamp holders located 

behind the overhead stowage 

compartments in the main cabin with 

improved Bruce Industries Incorporated 

lamp holders. Boeing Alert Service 

Bulletin MD90–33A013 refers to C & D 

Aerospace Alert Service Bulletin 

51310XX–25A01 as an additional source 

of service information for accomplishing 

the replacement. The current version of 

that C&D Aerospace service bulletin is 

Revision 5, dated March 30, 2004. 

Accomplishing the actions specified 

in the Boeing service bulletins is 

intended to adequately address the 

unsafe condition. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other airplanes of this same 

type design. Therefore, we are 

proposing this AD, which would require 

replacing, with improved parts, certain 

existing fluorescent light lamp holders 

in the ceiling panels and life raft ceiling 

support housings, and behind the 

overhead stowage compartments in the 

main cabin. The proposed AD would 

require you to use the service 

information described previously to 

perform these actions. 

Costs of Compliance 

This proposed AD would affect about 

84 airplanes worldwide and 21 

airplanes of U.S. registry. The proposed 

actions would take about 98 work hours 

per airplane, at an average labor rate of 

$65 per work hour. Required parts 

would cost about $27,158 per airplane. 

Based on these figures, the estimated 

cost of the proposed AD for U.S. 

operators is $704,088, or $33,528 per 

airplane. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 proposed 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 proposed AD. 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, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

McDonnell Douglas: Docket No. FAA–2004–

19448; Directorate Identifier 2004–NM–

134–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by December 10, 2004. 

Affected ADs 

(b) None.

Applicability 

(c) This AD applies to all Model MD–90–

30 airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by reports of 

failure of fluorescent light lamp holders in 

the main cabin. We are issuing this AD to 

prevent chafing of the lamp holder power 

wire against the mounting bracket, and 

moisture intrusion into the lamp holders, 

which could result in failure of the lamp 

holders and consequent smoke and fire in the 

airplane cabin. 

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. 

62426 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Proposed Rules 

Replacement 

(f) Within 18 months after the effective 

date of this AD, replace existing fluorescent 

light lamp holders manufactured by Page 

Aerospace Limited, with improved parts 

manufactured by Bruce Industries 

Incorporated, as specified in Table 1 of this 

AD.

TABLE 1.—REPLACEMENT OF LAMP HOLDERS

Replace lamp holders in these locations— In accordance with this service information—

Which refers to this service information as an 

additional source of replacement instructions—

(1) Ceiling panels and life raft ceiling support 

housings.

Boeing Alert Service Bulletin MD90–33A012, 

Revision 3, dated January 14, 2004.

C & D Aerospace Alert Service Bulletin 

59406XX–25A01; currently at Revision 4, 

dated July 31, 2003. 

(2) Sidewall behind the overhead stowage compartments in the main cabin.Boeing Alert Service Bulletin MD90–33A013, 

dated November 29, 2001.

C & D Aerospace Alert Service Bulletin C & D 

Aerospace Alert Service Bulletin 51310XX–

25A01; currently at Revision 5, dated March 

30, 2004. 

Parts Installation 

(g) As of the effective date of this AD, no 

person may install a fluorescent light lamp 

holder manufactured by Page Aerospace 

Limited, in the locations specified in this AD, 

on any airplane. 

Replacements Accomplished Per Previous 

Issues of Service Bulletin 

(h) Replacements accomplished before the 

effective date of this AD per the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–33A012, dated March 

28, 2001; Revision 01, dated September 17, 

2001; or Revision 02, dated January 17, 2002; 

are considered acceptable for compliance 

with paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Los Angeles 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.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–23930 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–P

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 228, 229, 232, 240, 249 

and 270 

[Release Nos. 33–8496A, 34–50453A, 35–

27894A, 39–2428A, IC–26622A; File Number 

S7–35–04] 

RIN 3235–AJ32 

XBRL Voluntary Financial Reporting 

Program on the Edgar System

AGENCY: Securities and Exchange 

Commission.

ACTION: Correction to proposed rule.

SUMMARY: This document contains a 

correction to the proposed rule, which 

was published Friday, October 1, 2004 

(69 FR 59093). The ‘‘39’’ release number 

should read 39–2428.

Dated: October 20, 2004. 

Jill M. Peterson, 

Assistant Secretary.

[FR Doc. 04–23898 Filed 10–25–04; 8:45 am] 

BILLING CODE 8010–01–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration 

23 CFR Part 658 

[FHWA Docket No. FHWA–2003–16164] 

RIN 2125–AE99 

Commercial Vehicle Width Exclusive 

Devices

AGENCY: Federal Highway 

Administration (FHWA), DOT.

ACTION: Withdrawal of proposed 

rulemaking and closing of public 

docket. 

SUMMARY: This document withdraws a 

proposed rulemaking to amend the 

Federal Highway Administration 

(FHWA) regulations to increase by oneinch the distance that width exclusive 

devices could extend beyond the sides 

of commercial motor vehicles. The 

intent of the one-inch increase was to 

harmonize the United States’ width 

exclusion limits for certain devices with 

those of Canada and Mexico, as 

recommended in a draft report of the 

Land Transportation Standards 

Subcommittee, created as a result of the 

North American Free Trade Agreement 

(NAFTA). The FHWA is unable to 

determine at this time that there is a 

need for an increase in the existing 

width exclusion applicable to safety and 

energy conservation devices. In 

addition, there is no evidence that the 

lack of harmonization is adversely 

affecting NAFTA implementation or 

that harmonization in this area is 

otherwise necessary. Therefore, the 

FHWA is withdrawing the proposed 

rulemaking and closing the public 

docket.

FOR FURTHER INFORMATION CONTACT: Mr. 

Phillip Forjan, Office of Freight 

Management and Operations (202) 366–

6817, or Mr. Raymond Cuprill, Office of 

the Chief Counsel (202) 366–1377, 

Federal Highway Administration, 400 

Seventh Street, SW., Washington, DC 

20590. Office hours are from 7:45 a.m. 

to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background 

In October 1999, the Land 

Transportation Standards Subcommittee 

(LTSS), created by the NAFTA Working 

Group 2, issued a draft discussion 

paper. The draft paper, ‘‘Highway Safety 

Performance Criteria in Support of 

Vehicle Weight and Dimension 

Regulations’’ (a copy of which is 

included in this docket), contained 

candidate vehicle performance criteria 

and recommended threshold values. 

The primary objective of Working Group 

2 was to seek areas within the broad 

range of vehicle weights and 

dimensions that could be harmonized 

among the participating countries 

(Mexico, Canada, and the United 

States). 

The working group’s draft discussion 

paper included the definition of 

‘‘overall width’’ and proposed a 

standard for use by the three countries. 

This definition described width 

exclusive devices or appurtenances at 

the sides of a truck, tractor, semitrailer, 

or trailer whose function is related to 

the safe operation of the vehicle. Such 

devices may extend no more than 10 

centimeters beyond the side of the 

vehicle. (Using accepted conversion 

factors, 10 centimeters equates to 3.937 

inches.)