56860 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

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. 

Related Information 

(i) Brazilian airworthiness directive 2005–

08–05, effective September 6, 2005, also 

addresses the subject of this AD. 

Issued in Renton, Washington, on 

September 16, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19238 Filed 9–28–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22526; Directorate 

Identifier 2005–NM–008–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–200F, 747–200C, 747–400, 

747–400D, and 747–400F Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Boeing Model 747–200F, 747–200C, 

747–400, 747–400D, and 747–400F 

series airplanes. This proposed AD 

would require repetitive inspections for 

cracking of certain fuselage internal 

structure, and repair if necessary. This 

proposed AD is prompted by fatigue 

tests and analysis that identified areas of 

the fuselage where fatigue cracks can 

occur. We are proposing this AD to 

prevent loss of the structural integrity of 

the fuselage, which could result in rapid 

depressurization of the airplane. 

DATES: We must receive comments on 

this proposed AD by November 14, 

2005. 

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, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

You can examine the contents of this 

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

the Nassif Building, Washington, DC. 

This docket number is FAA–2005–

22526; the directorate identifier for this 

docket is 2005–NM–008–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: 

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–

2005–22526; Directorate Identifier 

2005–NM–008–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 

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. 

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 

Boeing has completed extended 

pressure fatigue tests on a Boeing Model 

747SR and a 747–400 fuselage test 

article. Boeing has also used updated 

analysis methods on the 747 fuselage 

structure. The tests and analysis have 

identified areas of the fuselage where 

fatigue cracks can occur. This condition, 

if not corrected, could result in loss of 

the structural integrity of the fuselage 

and consequent rapid depressurization 

of the airplane. 

Related AD 

On May 14, 2002, we issued AD 

2002–10–10, amendment 39–12756 (67 

FR 36081, May 23, 2002). That AD 

applies to certain Boeing Model 747 

airplanes. That AD requires repetitive 

inspections to detect cracks in various 

areas of the fuselage internal structure, 

and repair if necessary. This proposed 

AD would require similar inspections 

for Model 747 airplanes that are not 

identified in the applicability of AD 

2002–10–10. 

We also issued AD 2004–07–22, 

amendment 39–13566 (69 FR 18250, 

April 7, 2004), as corrected (69 FR 

19618, April 13, 2005), and as further 

corrected (69 FR 24063, May 3, 2005). 

That AD applies to all Boeing Model 

747 series airplanes and requires that 

the FAA-approved maintenance 

inspection program be revised to 

include inspections that will give no 

less than the required damage tolerance 

rating for each structural significant 

item, and repair of cracked structure. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 747–53A2500, dated 

December 21, 2004. Procedures for 

repetitive inspections for cracks are 

listed in the following table: 

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 

25,000 total flight cycles (depending on 

the inspection area and airplane 

configuration), with a repetitive interval 

of 3,000 flight cycles. The service 

bulletin recommends repairing cracks 

by using the structural repair manual 

(SRM) or contacting Boeing. 

Accomplishing the actions specified in 

the service information 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 

accomplishing the actions specified in 

the service information described 

previously, except as discussed below. 

Differences Between the Proposed AD 

and the Service Bulletin 

The service bulletin specifies 

compliance times relative to the date of 

issuance of the service bulletin; 

however, this proposed AD would 

require compliance before the specified 

compliance times relative to the 

effective date of this AD. 

Also, the service bulletin specifies 

contacting the manufacturer for 

instructions on how to repair certain 

conditions, but this proposed AD would 

require you to repair those conditions 

by 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 

whom we have authorized to make 

those findings. 

Costs of Compliance 

There are about 706 airplanes of the 

affected design in the worldwide fleet. 

The following table provides the 

estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

(per inspection cycle) 

Action Work 

hours 

Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

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

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 

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): 

Boeing: Docket No. FAA–2005–22526; 

Directorate Identifier 2005–NM–008–AD. 

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

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this AD 

action by November 14, 2005. 

Affected ADs 

(b) Inspections specified in this AD may be 

considered an alternative method of 

compliance (AMOC) for certain requirements 

of AD 2004–07–22, as specified in paragraph 

(i)(2) of this AD. 

Applicability 

(c) This AD applies to all Boeing Model 

747–200F, 747–200C, 747–400, 747–400D, 

and 747–400F series airplanes; certificated in 

any category. 

Unsafe Condition 

(d) This AD was prompted by fatigue tests 

and analysis that identified areas of the 

fuselage where fatigue cracks can occur. We 

are issuing this AD to prevent loss of the 

structural integrity of the fuselage, which 

could result in rapid depressurization 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. 

Inspections 

(f) Except as required/provided by 

paragraphs (g) and (h) of this AD: Do initial 

and repetitive inspections for fuselage cracks 

using applicable internal and external 

detailed inspection methods, and repair all 

cracks, by doing all the actions specified in 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–53A2500, dated 

December 21, 2004. Do the initial and 

repetitive inspections at the times specified 

in paragraph 1.E. of the service bulletin. 

Repair any crack before further flight after 

detection. 

Exceptions to Service Bulletin Procedures 

(g) If any crack is found during any 

inspection required by this AD, and the 

bulletin specifies to contact Boeing for 

appropriate action: Before further flight, 

repair the crack according to a method 

approved by the Manager, Seattle Aircraft 

Certification Office (ACO), FAA; or according 

to data meeting the certification basis of the 

airplane approved by an Authorized 

Representative for the Boeing 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 reference this AD. 

(h) Where the service bulletin specifies a 

compliance time after the issuance of the 

service bulletin, this AD requires compliance 

within the specified compliance time after 

the effective date of this AD. 

AMOCs 

(i)(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. 

(2) Accomplishment of the inspections 

specified in this AD is considered an AMOC 

for the applicable requirements of paragraphs 

(c) and (d) of AD 2004–07–22, amendment 

39–13566, under the following conditions: 

(i) The actions must be done within the 

compliance times specified in AD 2004–07–

22. The initial inspection must be done at the 

times specified in paragraph (d) of AD 2004–

07–22, and the inspections must be repeated 

within the intervals specified in paragraph (f) 

of this AD. 

(ii) The AMOC applies only to the areas of 

Supplemental Structural Inspection 

Document D6–35022, Revision G, that are 

specified in Boeing Alert Service Bulletin 

747–53A2500, dated December 21, 2004. 

(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 

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. 

(4) 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. 

Issued in Renton, Washington, on 

September 16, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19239 Filed 9–28–05; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 210, 229, 240 and 249 

[Release Nos. 33–8617; 34–52491; File No. 

S7–08–05] 

RIN 3235–AJ29 

Revisions to Accelerated Filer 

Definition and Accelerated Deadlines 

for Filing Periodic Reports 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to modify 

the periodic report filing deadlines so 

that only the largest accelerated filers 

(those with a market value of 

outstanding voting and non-voting 

common equity held by non-affiliates of 

$700 million or more) become subject to 

the final phase-in of the accelerated 

filing transition schedule that will 

require annual reports on Form 10–K to 

be filed within 60 days after fiscal year 

end. Under our proposed amendments, 

however, these companies would 

continue to file their quarterly reports 

on Form 10–Q under the current 40-day 

deadline, rather than the 35-day 

deadline that was scheduled to apply to 

quarterly reports filed next year. Other 

accelerated filers would continue to file 

both their annual and quarterly reports 

under current deadlines—75 days after 

fiscal year end for annual reports on 

Form 10–K and 40 days after quarter 

end for quarterly reports on Form 10–Q. 

We also are proposing to revise the 

definition of the term ‘‘accelerated filer’’

to permit an accelerated filer that has 

voting and non-voting common equity 

held by non-affiliates of less than $25 

million to exit accelerated filer status 

promptly and begin filing its annual and 

quarterly reports on a non-accelerated 

filer basis. Finally, the proposed 

amendments would permit a large 

accelerated filer that has voting and 

non-voting common equity held by nonaffiliates of less than $75 million to 

promptly exit large accelerated filer 

status. 

DATES: Comments should be received on 

or before October 31, 2005. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form http://www.sec.gov/ 

rules/proposed.shtml; or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–08–05 on the subject line; 

or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE, Washington, DC 

20549–9303. 

All submissions should refer to File 

Number S7–08–05. This file number 

should be included on the subject line 

if e-mail is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/ 

proposed.shtml). Comments will also be 

available for public inspection and 

copying in the Commission’s Public 

Reference Room, 100 F Street, NE, 

Washington, DC 20549. All comments 

received will be posted without change; 

we do not edit personal identifying 

information from submissions. You