[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Proposed Rules]
[Pages 60742-60743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29175]


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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.

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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 Accordingly, the proposed rule is withdrawn.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. 99-29175 Filed 11-5-99; 8:45 am]
BILLING CODE 4910-13-P