[Federal Register Volume 64, Number 137 (Monday, July 19, 1999)]
[Proposed Rules]
[Pages 38605-38606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18369]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-110-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed a new airworthiness directive (AD), applicable to certain 
Dornier Model 328-100 series airplanes. That action would have required 
a one-time inspection to determine if the rigging bushings in the 
rudder control system protrude above the surface of the flange in which 
they are installed, and replacement of any discrepant bushing with a 
new bushing. Since the issuance of the NPRM, the Federal Aviation 
Administration (FAA) has received new data that shows that all affected 
airplanes have already been inspected and modified (if necessary) in 
accordance with the proposed rule. Accordingly, the proposed rule is 
withdrawn.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, 
Manager,International Branch, ANM-116, FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; 
telephone (425) 227-2110; fax (425) 227-1149.

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 certain Dornier Model 328-100 series 
airplanes, was published in the Federal Register as a Notice of 
Proposed Rulemaking (NPRM) on September 25, 1997 (62 FR 50264). The 
proposed rule would have required a one-time inspection to determine if 
the rigging bushings in the rudder control system protrude above the 
surface of the flange in which they are installed, and replacement of 
any discrepant bushing with a new bushing. That action was prompted by 
issuance of mandatory continuing airworthiness information by a foreign 
civil airworthiness authority. The proposed actions were intended to 
prevent jamming in the rudder control system, and consequent reduced 
controllability of the airplane.

Actions that Occurred Since Issuance of the NPRM

    Since the issuance of that NPRM, Dornier has provided information 
that shows that all affected airplanes in the worldwide fleet have 
already been inspected in accordance with the proposed NPRM. 
Additionally, for any airplane on which a bushing was found to 
protrude, that bushing has been replaced with a new bushing of correct 
length. Therefore, the unsafe condition that was addressed in the NPRM 
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 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.

[[Page 38606]]

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket 97-NM-110-
AD, published in the Federal Register on September 25, 1997 (62 FR 
50264), is withdrawn.

    Issued in Renton, Washington, on July 13, 1999.
D. L. Riggin,
Acting Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 99-18369 Filed 7-16-99; 8:45 am]
BILLING CODE 4910-13-P