[Federal Register Volume 65, Number 59 (Monday, March 27, 2000)]
[Proposed Rules]
[Pages 16153-16154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-203-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 
installation of two reinforcing brackets on the keel beam in the lower 
shell of the main landing gear bay. Since the issuance of the NPRM, the 
Federal Aviation Administration (FAA) has received new data indicating 
that the unsafe condition addressed in the NPRM does not exist. 
Accordingly, the proposed rule is withdrawn.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 April 6, 1998 (63 FR 16715). The proposed 
rule would have required installation of two reinforcing brackets on 
the keel beam in the lower shell of the main landing gear bay. That 
action was prompted by a report of cracking of the keel beam that was 
discovered during full-scale fatigue testing. The proposed actions were 
intended to prevent fatigue cracking of the keel beam, which could 
result in reduced structural integrity of the airplane.

Actions That Occurred Since the NPRM Was Issued

    Since the issuance of that NPRM, the manufacturer has provided the 
FAA with additional information regarding the unsafe condition 
identified in the proposed AD. The manufacturer states that an analysis 
has been accomplished that shows that if the cracking addressed by the 
proposed AD propagated to its maximum limit, the airplane could still 
withstand ultimate structural loads.

FAA's Conclusions

    Upon further consideration, the FAA has determined that fatigue 
cracking of the keel beam, which was intended to be addressed by the 
corrective actions required in the proposed AD, does not constitute an 
unsafe condition. 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

[[Page 16154]]

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 97-NM-203-
AD, published in the Federal Register on April 6, 1998 (63 FR 16715), 
is withdrawn.

    Issued in Renton, Washington, on March 21, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-7460 Filed 3-24-00; 8:45 am]
BILLING CODE 4910-13-P