Airworthiness directives: Dornier,

[Federal Register: November 8, 1999 (Volume 64, Number 215)]

[Proposed Rules]

[Page 60742-60743]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08no99-25]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-182-AD]

RIN 2120-AA64

Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) that proposed a new airworthiness directive (AD), applicable to all Dornier Model 328-100 series airplanes. That action would have required replacement of the Anti-Skid Control Unit (ASCU) of the aircraft braking system with an improved unit. Since the issuance of the NPRM, the manufacturer has advised the Federal Aviation Administration (FAA) that the entire Model 328-100 fleet has been retrofitted with the improved ASCU, and all ASCU spares have been modified or otherwise removed from service. Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, International Branch, ANM-116, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (425) 227-2196; fax (425) 227-1320.

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 Dornier Model 328-100 series airplanes, was published in the Federal Register as a Notice of Proposed Rulemaking (NPRM) on September 22, 1997 (62 FR 49457). The proposed rule would have required replacement of the Anti-Skid Control Unit (ASCU) of the aircraft braking system with an improved unit. That action was prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The proposed actions were intended to prevent disconnect of the ASCU and reversion to manual braking efficiency during operation on runways contaminated by standing water, slush, or wet snow, which could result in reduced braking efficiency.

Actions That Occurred Since the NPRM Was Issued

Since the issuance of that NPRM, the manufacturer has provided the FAA with confirmation that the entire fleet of Dornier Model 328-100 series airplanes has been retrofitted with the improved ASCU, and all ASCU spares have been modified or otherwise removed from service.

FAA's Conclusions

Upon further consideration, the FAA has determined that the proposed actions of the NPRM (Rules Docket 95-NM-182-AD) are unnecessary since the unsafe condition that those actions were intended to address no longer exists. Accordingly, the proposed rule is hereby withdrawn.

Withdrawal of this notice of proposed rulemaking 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.

Regulatory Impact

Since this action only withdraws a notice of proposed rulemaking, it is neither a proposed rule 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 95-NM-182- AD, published in the Federal Register on September 22, 1997 (62 FR 49457), is withdrawn.

[[Page 60743]]

Issued in Renton, Washington, on November 2, 1999. D.L. Riggin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 99-29175Filed11-5-99; 8:45 am]

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