[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Proposed Rules]
[Pages 16412-16413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9237]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-197-AD]


Airworthiness Directives; Boeing Model 727 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed a new airworthiness directive (AD), applicable to Boeing 
Model 727 series airplanes. That action would have superseded an 
existing AD to require repetitive visual inspections to detect cracking 
in the elevator rear spar and repair, if necessary; provide for an 
optional terminating action for the repetitive inspections; and add a 
one-time inspection of certain airplanes for clearance between the 
shear plate and the radii of the rear spar. Since the issuance of the 
NPRM, the Federal Aviation Administration (FAA) has issued other 
rulemaking that requires actions equivalent to those proposed. 
Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Walter Sippel, Aerospace Engineer, 
Airframe Branch (ANM-121S), Seattle Aircraft Certification Office, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (206) 227-2774; fax (206) 227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to add a new airworthiness 
directive (AD), applicable to Boeing Model 727 series airplanes, was 
published in the Federal Register as a Notice of Proposed Rulemaking 
(NPRM) on January 4, 1995 (60 FR 386). The proposed rule would have 
superseded AD 87-24-03, amendment 39-5769 (52 FR 43742, November 16, 
1987), which was issued in 1987 to require repetitive visual 
inspections to detect cracking in the elevator rear spar and repair, if 
necessary. AD 87-24-03 also provided for an optional terminating action 
for the repetitive visual inspections. The issuance of AD 87-24-03 was 
prompted by reports of cracking in the rear spar of the elevator at the 
hinge fitting attachment of the control tab and reports of loose hinge 
fittings at the crack locations.
    The NPRM would have superseded AD 87-24-03 to continue to require 
the repetitive visual inspections, but also to add an additional one-
time inspection of certain airplanes for clearance between the shear 
plate and the radii of the rear spar. The NPRM also would have provided 
additional instructions for the terminating action. The actions 
specified by both the NPRM and AD 87-24-03 were intended to prevent 
cracking of the elevator rear spar, which could cause excessive free 
play of the elevator control tab and possible tab flutter, and could 
result in loss of controllability of the airplane.
    Since the issuance of that NPRM, the FAA has issued AD 96-06-05, 
amendment 39-9542 (61 FR 11529, March 21, 1996), which is applicable to 
Boeing Model 727 series airplanes. That AD supersedes AD 87-24-03, as 
well as AD 84-22-02, amendment 39-4951 (49 FR 45743, November 20, 
1984). It requires various repetitive inspections to detect cracks and 
loose brackets of the elevator rear spar, and repair, if necessary; and 
provides for a terminating modification for the inspections. That AD 
was prompted by reports of cracking in the spar radii at the tab hinge 
location of the elevator rear spar on certain airplanes. The actions 
specified by that AD are intended to prevent cracking in elements of 
the elevator rear spar assembly, which could result in excessive free 
play of the elevator control tab and possible tab flutter.

[[Page 16413]]

    The requirements of AD 96-06-05 incorporate and implement the same 
actions that were proposed by the NPRM issued as Docket 94-NM-197-AD. 
In light of this, the issuance of a final action for that NPRM is 
unnecessary. Accordingly, the proposed rule is hereby withdrawn.
    Withdrawal of this NPRM constitutes only such action, and does not 
preclude the agency from issuing another notice in the future, nor does 
it commit the agency to any course of action in the future.
    Since this action only withdraws a 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 notice of proposed rulemaking, Docket 94-NM-197-
AD, published in the Federal Register on January 4, 1995 (60 FR 386), 
is withdrawn.

    Issued in Renton, Washington, on April 9, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-9237 Filed 4-12-96; 8:45 am]
BILLING CODE 4910-13-U