[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Proposed Rules]
[Page 32547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11047]



[[Page 32547]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20349; Directorate Identifier 2003-NM-108-AD]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model MD-11 and -11F 
Airplanes; Model DC-10-10 and DC-10-10F Airplanes; Model DC-10-15 
Airplanes; Model DC-10-30 and DC-10-30F (KC-10A and KDC-10) Airplanes; 
Model DC-10-40 and DC-10-40F Airplanes; and Model MD-10-10F and MD-10-
30F Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed a new airworthiness directive (AD) for certain McDonnell 
Douglas transport category airplanes. The proposed AD would have 
required replacement with new, improved parts of the inboard flap, 
outboard hinge, forward attach bracket, and lower attach bolt 
assemblies. The proposed AD also would have required an inspection for 
certain parts, and related investigative and corrective actions if 
necessary. Since the proposed AD was issued, we have confirmed data 
indicating that an existing AD adequately addresses the unsafe 
condition. Accordingly, the proposed AD is withdrawn.

ADDRESSES: 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 U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20349; the directorate 
identifier for this docket is 2003-NM-108-AD.

FOR FURTHER INFORMATION CONTACT: Ronald Atmur, Aerospace Engineer, 
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5224; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: 

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new 
AD for certain McDonnell Douglas transport category airplanes. That 
NPRM was published in the Federal Register on February 15, 2005 (70 FR 
7683). The NPRM would have required replacement with new, improved 
parts of the inboard flap, outboard hinge, forward attach bracket, and 
lower attach bolt assemblies. The NPRM also would have required an 
inspection for certain parts, and related investigative and corrective 
actions if necessary. The NPRM was prompted by a report indicating that 
the left-hand inboard flap outboard hinge pulled away from the wing 
structure. The proposed actions were intended to prevent loose preload-
indicating (PLI) washers or cracked or corroded nuts of the lower bolts 
of the inboard flap outboard hinge, which could result in separation of 
the inboard flap outboard hinge from the wing structure and consequent 
reduced controllability of the airplane.

Actions Since NPRM Was Issued

    Since we issued the NPRM, we have determined that existing AD 2004-
02-06, amendment 39-13441 (68 FR 4450, January 30, 2004) adequately 
addresses the unsafe condition specified in the NPRM. AD 2004-02-06 
requires a general visual inspection to detect cracking in the nuts on 
the lower attach bolt assemblies of the forward attach bracket of the 
inboard flap outboard hinge, replacement of both upper and lower attach 
bolt assemblies with new bolts and nuts made from Inconel material, and 
replacement of certain PLI washers with new washers. For certain other 
airplanes, the AD requires replacement of the lower attach bolt 
assemblies of the inboard forward attach bracket of the inboard flap 
outboard hinge with new bolts and nuts made from Inconel material, and 
replacement of PLI washers with new washers. That AD was issued to 
prevent separation of the inboard flap outboard hinge from the wing 
structure and consequent reduced controllability of the airplane.

FAA's Conclusions

    Upon further consideration, we have determined that, since the 
identified unsafe condition is being adequately addressed by existing 
AD requirements, it is unnecessary to provide further rulemaking at 
this time. Accordingly, the NPRM is withdrawn.
    Withdrawal of the NPRM does not preclude the FAA from issuing 
another related action or commit the FAA to any course of action in the 
future.

Regulatory Impact

    Since this action only withdraws an 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, we withdraw the NPRM, Docket No. FAA-2005-20349, 
Directorate Identifier 2003-NM-108-AD, which was published in the 
Federal Register on February 15, 2005 (70 FR 7683).

    Issued in Renton, Washington, on May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11047 Filed 6-2-05; 8:45 am]
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