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contains regulatory documents having general

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Federal Regulations, which is published under

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Rules and Regulations Federal Register

54609 

Vol. 70, No. 179 

Friday, September 16, 2005 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 97 

[Doc. No. ST–05–02] 

RIN 0581–AC42 

Plant Variety Protection Office, Fee 

Increase 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is increasing Plant 

Variety Protection (PVP) Office 

application, search, and certificate 

issuance fees by 20 percent. The last 

general fee increase in February 2003 is 

no longer adequate to cover current 

program obligations for administrative 

and information technology needs. The 

PVP Act of 1970 requires that 

reasonable fees be collected from 

applicants seeking certificates of 

protection in order to maintain the 

program. Also, a technical amendment 

will allow applicants to send voucher 

seed samples directly to the public 

repository. 

EFFECTIVE DATE: October 17, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Janice M. Strachan, USDA, AMS, 

Science and Technology (S&T), PVP 

Office, NAL Building, Room 401, 10301 

Baltimore Avenue, Beltsville, MD 

20705–2351, telephone 301–504–5518, 

fax 301–504–5291, and e-mail 

Janice.Strachan@usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Order 12866 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866, and therefore, 

was not reviewed by the Office of 

Management and Budget (OMB). 

II. Regulatory Flexibility Act 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

action on small business entities. There 

are more than 800 users of the plant 

variety protection service, of whom 

about 100 may file applications in a 

given year. Some of these users are 

small business entities under the criteria 

established by the Small Business 

Administration (13 CFR 121.201). AMS 

has determined that this action would 

not have a significant economic impact 

on a substantial number of these small 

business entities. 

The PVP Office administers the PVP 

Act of 1970, as amended (7 U.S.C. 2321 

et seq.), and issues Certificates of 

Protection that provide intellectual 

property rights to developers of new 

varieties of plants. A Certificate of 

Protection is awarded to an owner of a 

variety after examination indicates that 

it is new, distinct from other varieties, 

genetically uniform, and stable through 

successive generations. This action 

raises the fees charged to users of plant 

variety protection. AMS estimates that 

the rule will yield an additional 

$277,200 during fiscal year (FY) 2006. 

The cost to private and public business 

entities will be proportional to their use 

of the service, and shared equitably. The 

cost to individual users will increase by 

$816 per PVP Certificate issued or by 20 

percent per application. PVP is a 

voluntary service. 

AMS regularly reviews its user fee 

financed programs to determine if fees 

are adequate. The most recent review 

determined that the existing fee 

schedule will not generate sufficient 

revenue to cover the program’s 

operating costs, depleting the trust fund 

reserve balance. From 1995 through 

2005, federal salaries have increased 43 

percent and inflation has increased the 

cost of supplies and services by 25 

percent. The net effect on the PVP 

Office is an increase in overall expenses 

of 41 percent since 1995, offset by fee 

increases of 10 percent in September 

2000 and 35 percent in February 2003. 

The income of the PVP Office is 

dependent mainly on the number of 

new applications filed, which fluctuated 

between 277 and 354 applications since 

FY 2000, while typical operating 

expenses remain fixed. During this 

period, additional funding was needed 

for continued technological 

improvements and office relocation. In 

FY 2001 through FY 2004, expenses 

have exceeded income each year, 

despite earlier fee increases. Program 

operations were maintained by using 

the trust fund reserves, thus reducing 

those reserves. The PVP Office needs to 

adjust fees to provide adequate revenue 

for current program operations and to 

rebuild an adequate trust fund reserve. 

Without a fee increase, FY 2006 

revenues are projected at $1,496,000; 

costs are projected at $1,614,720 for a 

loss of $118,720. The trust fund reserve 

would be inadequate to satisfy Agency 

policy and prudent financial 

management by the end of fiscal year 

2007. 

AMS calculated the new fee schedule 

by projecting FY 2007 revenues of 

$1,496,000 and program obligations of 

$1,705,662. This indicates a projected 

loss to the program of $209,662 for FY 

2007. Without a fee increase, the reserve 

balance at the end of FY 2007 is 

projected to drop to $756,796, which 

corresponds to 5 months of operating 

funds in the reserve balance. With a fee 

increase of 20 percent, FY 2007 

revenues are projected to be $1,773,200 

and the trust fund reserve balance is 

expected to be $1,867,018, which 

corresponds to 13 months of operating 

funds in the reserve balance. This level 

of trust fund maintenance satisfies 

Agency requirements. 

The final action also amends 

regulations related to the voucher seed 

sample. The voucher seed sample is a 

supplement to the Exhibit C description 

of the variety and is kept for the life of 

the certificate. Currently, seed samples 

are submitted to the PVP Office, which 

then ships the seed samples to the 

public repository at USDA’s 

Agricultural Research Service (ARS) 

facility in Ft. Collins, CO. The 

amendment permits voucher seed 

samples to be submitted directly to the 

public repository. A small seed sample 

(15–25 seeds), which may be needed for 

the examination of crops which have 

distinctive seed characteristics, may be 

required for some crops at the discretion 

of the examiner. Periodically, the 

germination rate of the voucher seed 

sample is tested to verify that it remains 

a viable sample for long-term storage. 

These tests use up the stored seed 

sample. A larger initial seed sample is 

54610 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

needed to ensure that germination 

testing does not deplete the stored 

sample. 

A new section is added to give 

stakeholders guidance in how, when, 

and where to make the seed deposit. 

Because the PVP Office was handling 

the seed deposit, these regulations were 

deemed unnecessary in the past. Now 

that applicants will be depositing seeds 

themselves, they need additional 

guidance in how to package the seeds, 

where to send them, and when to 

deposit them in relation to the filing of 

a PVP applicant. This new section is 

based on similar regulatory language 

present in the U.S. Patent and 

Trademark Regulations (54 FR 34880, 

August 22, 1989, effective January 1, 

1990). The patent-related text has been 

adapted to fit the specific circumstances 

of the PVP Office. 

III. Civil Justice Reform 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This action is not intended to 

have retroactive effect, nor will it 

preempt any state or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

the proposed rule. There are no 

administrative procedures that must be 

exhausted prior to any judicial 

challenge to the provisions of the rule. 

IV. Paperwork Reduction Act 

This rule does not contain any 

information collection or record keeping 

requirements that are subject to the 

Office of Management and Budget 

approval under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35). 

Background Information 

The PVP Program is a voluntary, user 

fee-funded service, conducted under the 

Authority of the Plant Variety Protection 

Act (7 U.S.C. 2321 et seq.). The Act 

authorizes the Secretary of Agriculture 

to provide intellectual property rights 

that facilitate marketing of new varieties 

of seed-propagated crops and tubers. 

The Act also requires that reasonable 

fees be collected from the users of the 

services to cover the costs of 

maintaining the program. 

In January 2003, AMS published a 

rule in the Federal Register (60 FR 

17188) that increased Plant Variety 

Protection Office fees and that became 

effective February 2003. 

In February 2004, the AMS Budget 

Office performed a fee analysis that 

indicated the need to increase the 

program fee schedule in order to recover 

the administrative and information 

technology costs and maintain an 

adequate program reserve balance. For 

FY 2006, user fee revenues and program 

obligations are projected to be 

$1,496,000 and $1,614,720, respectively, 

resulting in an estimated $118,720 

program deficit. AMS estimates that this 

final rule will yield an additional 

$227,100 during FY 2006 that will offset 

increased program operating costs. With 

a fee increase, FY 2007 revenues and 

expenditures are projected to be 

$1,773,200 and $1,705,662, respectively. 

AMS used the fees currently charged 

as a base for calculating the new fee 

schedule for FY 2006. The fees set forth 

in Sec. 97.175 as of February 2003 are 

increased. The supplemental fees that 

were established in May 2005 will not 

be increased, including the $250.00 

portion of the allowance and issuance 

fee that was implemented to recover the 

costs of improving the PVP program’s 

electronic archiving capabilities. The 

application fee is increased from $432 to 

$518, the search fee from $3,220 to 

$3,864, and the original issuance fee 

from $432 to $518. The fees for reviving 

an abandoned application, correcting or 

re-issuance of a certificate are increased 

from $432 to $518. The charge for 

granting an extension for responding to 

a request is increased from $74 to $89. 

The hourly charge for any other service 

not specified is increased from $89 to 

$107. The fee for appeal to the Secretary 

(refundable if appeal overturns the 

Commissioner’s decision) is increased 

from $4,118 to $4,942. Reproduction of 

records, drawings, certificates, exhibits 

or printed materials, late payment, and 

late replenishment of seeds is increased 

by 20 percent. These fee increases are 

necessary to recover the costs of this feefunded program. 

At the March 2003 annual meeting, 

the Plant Variety Protection Advisory 

Board was informed of the anticipated 

FY 2005 cost increases for maintaining 

program operations and administration. 

We also consulted with the Board 

regarding potential increases to the 

basic fee schedule for FY 2006. They 

recommended that fees be increased. 

This rule makes the minimum changes 

in the regulations to implement the 

recommended increased fees to 

maintain the program as a fee-funded 

program. 

The Plant Variety Protection Board 

recommended that internal processes 

related to the handling of seed samples 

be streamlined. Section 97.6(d) was 

recently amended to provide that cell 

cultures for tuber-reproduced varieties 

need not be deposited until after the 

examination has been completed, rather 

than at the time the application is filed. 

A similar change was made for the 

establishment of plots of vegetative 

material for self-incompatible parents of 

hybrids. The requirement that 2,500 

seeds of the basic variety must be 

submitted will the application was 

modified to allow waivers of this 

requirement. This final rule will further 

simplify this process by applying the 

same requirements to seeds and 

allowing the applicant to submit a 

declaration that the seed sample will be 

deposited, rather than requiring that the 

sample be submitted with the 

application. This will increase 

efficiencies in the PVP Office by 

removing the necessity for the Office to 

routinely handle the samples and 

forward them to the ARS National 

Center for Genetic Resources 

Preservation (NCGRP) facility in Ft. 

Collins, Colorado. The NCGRP is the 

only public depository approved by the 

Commissioner at the present time. 

We also require that a larger initial 

seed sample be deposited to ensure that 

germination testing does not deplete the 

stored sample. We have added of 

Section 97.7, which provides guidance 

to applicants in how, when, and where 

to deposit their voucher seed samples. 

Summary of Public Comment 

A notice of the proposed rule was 

published in the Federal Register (70 

FR 40921) on July 15, 2005. A 30-day 

comment period was provided to allow 

interested persons the opportunity to 

respond to the proposal, including any 

regulatory and informational impact of 

this action on organizations considered 

to be small businesses. The comment 

period expired on August 15, 2005, and 

two comments were received on the 

proposed rule. 

One comment stated that a fee 

increase would be accepted if 

stakeholders could feel that the PVP 

Office conducts its business in a prompt 

and orderly fashion. Another comment 

indicated that the fee increase was 

insufficient to cover the full costs 

relating to what the commenter believed 

was a negative impact on the United 

States with regard to plants and seeds 

that are introduced into this country. As 

previously stated, the PVP Act of 1970 

requires that reasonable fees be 

collected from applicants seeking 

certificates of protection in order to 

maintain the program. This fee increase 

will adjust fees to provide adequate 

revenue for current program operations 

and to rebuild an adequate trust fund 

reserve. With regard to the PVP Office 

conducting its business in a prompt and 

orderly fashion, the Office continues to 

improve the quality of its services. 

Accordingly, no change to the rule will 

be made as a result of the comments. 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54611 

List of Subjects in 7 CFR Part 97 

Plants, seeds. 

■ For reasons set forth in the preamble, 

7 CFR part 97 is amended as follows. 

PART 97—PLANT VARIETY AND 

PROTECTION 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: Plant Variety Protection Act, as 

amended, 7 U.S.C. 2321 et seq. 

■ 2. Section 97.6(d)(1) is revised to read 

as follows: 

§ 97. 6 Application for certificate. 

* * * * * 

(d) * * * 

(1) A declaration that at least 3,000 

seeds of the viable basic seed required 

to reproduce the variety will be 

deposited in a public depository 

approved by the Commissioner and will 

be maintained for the duration of the 

certificate; or 

* * * * * 

■ 3. Section 97.7 is added to read as 

follows: 

§ 97.7 Deposit of Voucher Specimen. 

(a) Voucher specimen types. As 

regards the deposit of voucher specimen 

material for purposes of plant variety 

protection applications under 7 U.S.C. 

2321 et seq., the term voucher specimen 

shall include material that is capable of 

self-replication either directly or 

indirectly. Representative examples 

include seeds, plant tissue cells, cell 

lines, and plots of vegetative material of 

self-incompatible parental lines of 

hybrids. Seed samples should not be 

treated with chemicals or coatings. 

(b) Need to make a deposit. 

Applications for plant variety protection 

require deposit of a voucher specimen 

of the variety. The deposit shall be 

acceptable if made in accordance with 

these regulations. Sample packages shall 

meet the packaging and deposit 

requirements of the depository. Samples 

and correspondence about samples shall 

be identified, minimally, by: 

(1) The application number assigned 

by the Office; 

(2) The crop kind, genus and species, 

and variety denomination; and 

(3) The name and address of the 

depositor. 

(c) Acceptable depository. A deposit 

shall be recognized for the purposes of 

these regulations if made in: 

(1) The National Center for Genetic 

Resources Preservation, ARS, USDA, 

1111 South Mason Street, Fort Collins, 

CO 80521–4500, or 

(2) Any other depository recognized 

to be suitable by the Office. Suitability 

will be determined by the 

Commissioner on the basis of the 

administrative and technical 

competence, and agreement of the 

depository to comply with the terms 

and conditions applicable to deposits 

for plant variety protection purposes. 

The Commissioner may seek the advice 

of impartial consultants on the 

suitability of a depository. The 

depository must: 

(i) Have a continuous existence; 

(ii) Exist independent of the control of 

the depositor; 

(iii) Possess the staff and facilities 

sufficient to examine the viability and 

quantity of a deposit, and store the 

deposit in a manner which ensures that 

it is kept viable and uncontaminated; 

(iv) Provide for sufficient safety 

measures to minimize the risk of losing 

biological material deposited with it; 

(v) Be impartial and objective; 

(vi) Refrain from distributing samples 

while the application is being examined 

and during the term of protection but, 

after control of the sample is transferred 

by the Office to the depository, furnish 

samples of the deposited material in an 

expeditious and proper manner; 

(vii) Have the capability to destroy 

samples or return samples to the Office 

when requested by the Office; and 

(viii) Promptly notify the Office of 

low viability or low quantity of the 

sample. 

(3) A depository seeking status under 

paragraph (c)(2) of this section must 

direct a communication to the 

Commissioner which shall: 

(i) Indicate the name and address of 

the depository to which the 

communication relates; 

(ii) Contain detailed information as to 

the capacity of the depository to comply 

with the requirements of paragraph 

(c)(2) of this section, including 

information on its legal status, scientific 

standing, staff, and facilities; 

(iii) Indicate that the depository 

intends to be available, for the purposes 

of deposit, to any depositor under these 

same conditions; 

(iv) Where the depository intends to 

accept for deposit only certain kinds of 

biological material, specify such kinds; 

and 

(v) Indicate the amount of any fees 

that the depository will, upon acquiring 

the status of suitable depository under 

paragraph (c)(2) of this section, charge 

for storage, viability statements and 

furnishings of samples of the deposit. 

(4) A depository having status under 

paragraph (c)(2) of this section limited 

to certain kinds of biological material 

may extend such status to additional 

kinds of biological material by directing 

a communication to the Commissioner 

in accordance with paragraph (c)(3) of 

this section. If a previous 

communication under paragraph (c)(3) 

of this section is of record, items in 

common with the previous 

communication may be incorporated by 

reference. 

(5) Once a depository is recognized to 

be suitable by the Commissioner or has 

defaulted or discontinued its 

performance under this section, notice 

thereof will be published in the Official 

Journal of the Plant Variety Protection 

Office or by other methods typically 

used for dissemination of information 

related to the procedures of the Office. 

(d) Time of making an original 

deposit. An original deposit of materials 

for seed-reproduced plants shall be 

made within three months of the filing 

date of the application or prior to 

issuance of the certificate, whichever 

occurs first. A waiver may be granted for 

good cause, such as delays in obtaining 

a phytosanitary certificate for the 

importation of voucher sample 

materials. When the original deposit is 

made, the applicant must promptly 

submit a statement from a person in a 

position to corroborate the fact, stating 

that the voucher specimen material 

which is deposited is the variety 

specifically identified in the application 

as filed. Such statement must be filed in 

the application and must contain the 

identifying information listed in 

paragraph (b) of this section and: 

(1) The name and address of the 

depository; 

(2) The date of deposit; 

(3) The accession number given by the 

depository; and 

(4) A statement that the deposit is 

capable of reproduction. 

(e) Replacement or supplement of 

deposit. If the depository possessing a 

deposit determines either that the 

sample viability is low or that the 

sample quantity is low, and if this 

finding is made during the pendency of 

an application or during the term of 

protection of the certificate, the Office 

shall notify the depositor of the need for 

making a replacement or supplemental 

deposit. Such deposits will be governed 

by the same considerations governing 

the need for making an original deposit 

under the provisions set forth in 

§ 97.7(d). Notification to the Office 

concerning deposit of the replacement 

or supplemental sample shall contain a 

statement from a person in a position to 

corroborate the fact, stating that the 

replacement or supplemental deposit is 

of a biological material which is 

identical to that originally deposited. 

(f) Term of deposit. A voucher 

specimen deposit made in support of an 

application for plant variety protection 

54612 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

shall be made for a term of at least 

twenty (20) years. In any case, samples 

must be stored under agreements that 

would make them available to the Office 

during the enforceable life of the 

certificate for which the deposit was 

made. 

(g) Viability of deposit. A deposit of 

biological material that is capable of 

self-replication either directly or 

indirectly must be viable at the time of 

deposit and during the term of deposit. 

Viability may be tested by the 

depository periodically. The test must 

conclude only that the deposited 

material is capable of reproduction. No 

evidence necessarily is required 

regarding the ability of the deposited 

material to perform any function 

described in the application. If a 

viability test indicates that the deposit 

is not viable upon receipt or that the 

quantity of material is insufficient, the 

examiner shall proceed as if no deposit 

was made. The examiner will accept the 

conclusion set forth in a viability 

statement issued by a depository 

recognized under paragraph 97.7(c). 

(h) Furnishing of samples. A deposit 

must be made under conditions that 

assure that: 

(1) Public access to the deposit will 

not be available during pendency of the 

application or during the term of 

protection, and 

(2) All restrictions on the availability 

to the public of the deposited material 

will be irrevocably removed upon the 

abandonment, cancellation, expiration, 

or withdrawal of the certificate. 

(i) Examination procedures. The 

examiner shall determine, prior to 

issuance of the certificate, in each 

application if a voucher sample deposit 

actually made is acceptable for plant 

variety protection purposes. 

■ 4. Section 97.175 is revised to read as 

follows: 

§ 97.175 Fees and charges. 

The following fees and charges apply 

to the services and actions specified 

below: 

(a) Filing the application and 

notifying the public of filing—$518.00. 

(b) Search or examination—$3,864.00. 

(c) Submission of new application 

data, after notice of allowance, prior to 

issuance of certificate—$432.00. 

(d) Allowance and issuance of 

certificate and notifying public of 

issuance—$768.00. 

(e) Revive an abandoned 

application—$518.00. 

(f) Reproduction of records, drawings, 

certificates, exhibits, or printed material 

(cost per page of material)—$1.80. 

(g) Authentication (each page)—$1.80. 

(h) Correcting or re-issuance of a 

certificate—$518.00. 

(i) Recording an assignment, any 

revision of an assignment, or 

withdrawal or revocation of an 

assignment (per certificate or 

application)—$41.00. 

(j) Copies of 8 x 10 photographs in 

color—$41.00. 

(k) Additional fee for 

reconsideration—$518.00. 

(l) Additional fee for late payment—

$41.00. 

(m) Fee for handling replenishment 

seed sample (applicable only for 

certificates issued after June 20, 2005)—

$38.00. 

(n) Additional fee for late 

replenishment of seed—$41.00. 

(o) Filing a petition for protest 

proceeding—$4,118.00. 

(p) Appeal to Secretary (refundable if 

appeal overturns the Commissioner’s 

decision)—$4,942.00. 

(q) Granting of extensions for 

responding to a request—$89.00. 

(r) Field inspections by a 

representative of the Plant Variety 

Protection Office, made at the request of 

the applicant, shall be reimbursable in 

full (including travel, per diem or 

subsistence, and salary) in accordance 

with Standardized Government Travel 

Regulation. 

(s) Any other service not covered 

above will be charged for at rates 

prescribed by the Commissioner, but in 

no event shall they exceed $107.00 per 

employee-hour. Charges also will be 

made for materials, space, and 

administrative costs. 

Dated: September 13, 2005. 

Kenneth C. Clayton, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–18511 Filed 9–15–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20364; Directorate 

Identifier 2004–NM–186–AD; Amendment 

39–14274; AD 2005–19–09] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 747 airplanes. This AD 

requires repetitive inspections of the 

dual side braces (DSBs), underwing 

midspar fittings, and associated parts; 

other specified actions; and corrective 

actions if necessary. This AD also 

provides an optional terminating action 

for the inspections and other specified 

actions. This AD is prompted by reports 

of corroded, migrated, and rotated 

bearings for the DSBs in the inboard and 

outboard struts, a report of a fractured 

retainer for the eccentric bushing for 

one of the side links of a DSB, and 

reports of wear and damage to the 

underwing midspar fitting on the 

outboard strut. We are issuing this AD 

to prevent the loss of a DSB or 

underwing midspar fitting load path, 

which could result in the transfer of 

loads and motion to other areas of a 

strut, and possible separation of a strut 

and engine from the airplane during 

flight. 

DATES: This AD becomes effective 

October 21, 2005. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of October 21, 2005. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

Docket: The AD docket contains the 

proposed AD, comments, and any final 

disposition. 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 U.S. Department of Transportation, 

400 Seventh Street SW., room PL–401, 

Washington, DC. This docket number is 

FAA–2005–20364; the directorate 

identifier for this docket is 2004–NM–

186–AD. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 917–6437; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

an AD for certain Boeing Model 747 

airplanes. That action, published in the 

Federal Register on February 14, 2005 

(70 FR 7446), proposed to require 

repetitive inspections of the dual side 

braces (DSBs), underwing midspar 

fittings, and associated parts; other 

specified actions; and corrective actions