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[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Proposed Rules]
[Pages 59548-59549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20704]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0923; Directorate Identifier 2014-NM-176-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

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

[[Page 59549]]

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), which would have applied 
to certain The Boeing Company Model 737-700, -800, and -900ER series 
airplanes. The NPRM would have required repetitive inspections to 
detect cracking in the crown skin panel assembly. The NPRM would also 
have provided optional terminating action for the repetitive 
inspections. Since the NPRM was issued, all affected airplanes 
worldwide have had applicable terminating actions accomplished, and one 
airplane was mistakenly included in the applicability. Accordingly, the 
NPRM is withdrawn.

DATES: As of August 30, 2016, the proposed rule, which was published in 
the Federal Register on December 15, 2014 (79 FR 74032), is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0923; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD action, the NPRM (79 FR 74032, December 15, 2014), the 
regulatory evaluation, any comments received, and other information. 
The address for the Docket Office (telephone: 800-647-5527) is the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gaetano Settineri, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6577; fax: 425-917-6590; email: gaetano.settineri@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a NPRM for a new AD for certain The Boeing 
Company Model 737-700, -800, and -900ER series airplanes. The NPRM 
published in the Federal Register on December 15, 2014 (79 FR 74032) 
(``the NPRM''). The NPRM would have required repetitive inspections to 
detect cracking in the crown skin panel assembly. The NPRM would also 
have provided optional terminating action for the repetitive 
inspections. The NPRM was prompted by reports of troughs in the skin 
along the chem-mill pocket edges of certain fuselage crown skin panel 
assemblies. The proposed actions were intended to detect and correct 
cracking from troughs in the chem-mill pocket edges, which could lead 
to rapid decompression of the airplane.

Actions Since NPRM Was Issued

    Since we issued the NPRM, we have determined that all affected 
airplanes worldwide have had applicable terminating actions 
accomplished, and one airplane had been included mistakenly in the 
applicability. The unsafe condition identified in the NPRM was created 
due to a production escapement and was limited to 11 airplanes. 
However, the affected airplanes have all been inspected for the unsafe 
condition and in instances where the unsafe condition was present, the 
discrepant parts were replaced with conforming parts. With the 
discrepant parts replaced, the unsafe condition no longer exists.

Comments

    We gave the public the opportunity to participate in considering 
the NPRM. Two commenters, Boeing and Aviation Partners Boeing, 
requested certain changes to the NPRM that are considered moot by this 
withdrawal.

FAA's Conclusions

    Upon further consideration, we have determined that the unsafe 
condition described in the NPRM no longer exists. 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, Incorporation by 
reference, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2014-0923, 
Directorate Identifier 2014-NM-176-AD, which was published in the 
Federal Register on December 15, 2014 (79 FR 74032).

    Issued in Renton, Washington, on August 18, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-20704 Filed 8-29-16; 8:45 am]
 BILLING CODE 4910-13-P
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