[Federal Register Volume 69, Number 82 (Wednesday, April 28, 2004)]
[Proposed Rules]
[Page 23161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9593]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 69, No. 82 / Wednesday, April 28, 2004 / 
Proposed Rules  

[[Page 23161]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-219-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.

-----------------------------------------------------------------------

SUMMARY: This action withdraws a supplemental notice of proposed 
rulemaking (NPRM) that proposed a new airworthiness directive (AD), 
applicable to all Boeing Model 737-100, -200, -200C, -300, -400, and -
500 series airplanes. That action would have superseded an existing AD 
that currently requires repetitive inspections to find cracks, 
fractures, or corrosion of each carriage spindle of the left and right 
outboard mid-flaps; and corrective action, if necessary. That action 
would also have mandated the previously optional overhaul or 
replacement of the carriage spindles, which would have ended the 
repetitive inspections required by the existing AD. Since the issuance 
of the supplemental NPRM, the Federal Aviation Administration (FAA) has 
issued another AD that adequately addresses the identified unsafe 
condition. Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Robert Hardwick, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
917-6457; fax (425) 917-6590.

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 all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, was published as a supplemental 
notice of proposed rulemaking (NPRM) in the Federal Register on 
November 4, 2003 (68 FR 62409). The proposed rule would have superseded 
an existing AD that currently requires repetitive inspections to find 
cracks, fractures, or corrosion of each carriage spindle of the left 
and right outboard mid-flaps; and corrective action, if necessary. The 
proposed rule would also have mandated the previously optional overhaul 
or replacement of the carriage spindles, which would have ended the 
repetitive inspections required by the existing AD. That action was 
prompted by the FAA's determination to mandate the previously optional 
actions. The proposed actions were intended to prevent severe flap 
asymmetry due to fractures of the carriage spindles on an outboard mid-
flap, which could result in reduced control or loss of controllability 
of the airplane.

Actions That Occurred Since the Supplemental NPRM Was Issued

    Since the issuance of that supplemental NPRM, the FAA received a 
report of an in-service incident, which involved a dual failure that 
had been considered extremely improbable when the supplemental NPRM was 
drafted. To address the immediate safety concerns of this dual failure, 
we issued airworthiness directive (AD) 2003-24-08, amendment 39-13377 
(68 FR 67027, December 1, 2003), applicable to all Boeing Model 737-
100, -200, -200C, -300, -400, and -500 series airplanes, to require 
repetitive inspections to find cracks, fractures, or corrosion of each 
carriage spindle of the left and right outboard mid-flaps; and 
corrective action, if necessary. That AD also provides for an optional 
action of overhaul or replacement of the carriage spindles, which would 
extend the repetitive inspection interval.
    We are currently considering superseding AD 2003-24-08 to mandate 
the optional overhaul or replacement of the carriage spindles and to 
add a maximum flight cycle life of carriage spindles, in addition to 
continuing the repetitive inspections.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the 
requirements of AD 2003-24-08 adequately addresses the identified 
unsafe condition specified in the 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 NPRM, 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 
2002-NM-219-AD, published in the Federal Register on November 4, 2003 
(68 FR 62409), is withdrawn.

    Issued in Renton, Washington, on April 20, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9593 Filed 4-27-04; 8:45 am]
BILLING CODE 4910-13-P