[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Proposed Rules]
[Page 21774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9112]


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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the supplemental NPRM is withdrawn.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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