[Federal Register: April 22, 2004 (Volume 69, Number 78)]
[Proposed Rules]
[Page 21774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap04-25]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-11-AD]
RIN 2120-AA64
Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Proposed rule; withdrawal.
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SUMMARY: This action withdraws a supplemental notice of proposed
rulemaking (NPRM) that proposed a new airworthiness directive (AD),
applicable to certain Boeing Model 737 series airplanes. That action
would have required inspections of certain bonded skin panels to detect
delamination of the skin doublers (tear straps) from the skin panels,
and follow-on corrective actions if necessary. Since the issuance of
the supplemental NPRM, the Federal Aviation Administration (FAA) has
issued other rulemaking that requires additional inspections to address
the unsafe condition identified in the supplemental NPRM. Accordingly,
the supplemental NPRM is withdrawn.
FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
917-6438; fax (425) 917-6590.
SUPPLEMENTARY INFORMATION: A supplemental notice of proposed rulemaking
(NPRM) to amend part 39 of the Federal Aviation Regulations (14 CFR
part 39) to add a new airworthiness directive (AD), applicable to
certain Boeing Model 737 series airplanes, was published in the Federal
Register as a second supplemental NPRM on July 2, 2003 (68 FR 39485).
The supplemental NPRM would have required inspections of certain bonded
skin panels to detect delamination of the skin doublers (tear straps)
from the skin panels, and follow-on corrective actions if necessary.
That action was prompted by revised service information, which
describes revising certain inspection methods, expanding the area of
certain inspections, extending the compliance time for certain
inspections, and expanding the effectivity of the service information.
The proposed actions were intended to prevent skin doublers from
delaminating from their skin panels, which could result in fatigue
cracks in the skin doublers and skin panels and consequent rapid
decompression of the airplane.
Actions That Occurred Since the Supplemental NPRM Was Issued
Since the issuance of that second supplemental NPRM, the FAA has
received a new report of significant cracking. As a result of the
immediate safety concerns associated with this cracking, we issued AD
2003-14-06, amendment 39-13225 (68 FR 40759, July 9, 2003) to require
the appropriate inspections specified in Boeing Service Bulletin 737-
53-1179, Revision 2, dated October 25, 2001 (which was referenced in
the supplemental NPRM as the appropriate source of service information
for accomplishment of the proposed actions). (A correction of that AD
was published in the Federal Register on July 21, 2003 (68 FR 42956).)
Although we received comments on the second supplemental NPRM, we
determined that the immediate safety concerns associated with the new
report of cracking required more direct action. Consequently, we issued
AD 2003-14-06 to address the identified unsafe condition.
FAA's Conclusions
Because the unsafe condition identified in the supplemental NPRM
has already been addressed by AD 2003-14-06, we find it unnecessary to
continue with the issuance of this supplemental NPRM. Accordingly, the
supplemental NPRM is hereby withdrawn.
Withdrawal of this supplemental NPRM constitutes only such action,
and does not preclude the agency from issuing another action in the
future, nor does it commit the agency to any course of action in the
future.
Regulatory Impact
Since this action only withdraws a supplemental notice of proposed
rulemaking, it is neither a proposed nor a final rule and therefore is
not covered under Executive Order 12866, the Regulatory Flexibility
Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February
26, 1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Withdrawal
Accordingly, the supplemental notice of proposed rulemaking, Docket
98-NM-11-AD, published in the Federal Register on July 2, 2003 (68 FR
39485), is withdrawn.
Issued in Renton, Washington, on April 15, 2004.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-9112 Filed 4-21-04; 8:45 am]
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