[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Proposed Rules]
[Page 52363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21984]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-35-AD]
RIN 2120-AA64


Airworthiness Directives; Pilatus Britten-Norman Limited Models 
BN-2T and BN-2T-4R Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; Withdrawal.

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SUMMARY: This document withdraws a notice of proposed rulemaking (NPRM) 
that would have applied to all Pilatus Britten-Norman Limited (Britten-
Norman) Models BN-2T and BN-2T-4R airplanes. The proposed AD would have 
required you to revise the Airplane Flight Manual (AFM) to include 
requirements for activation of the airframe pneumatic deicing boots. 
The proposed AD was the result of reports of in-flight incidents and an 
accident (on airplanes other than the referenced Britten-Norman 
airplanes) that occurred in icing conditions where the airframe 
pneumatic deicing boots were not activated. Britten-Norman has 
demonstrated that the language currently included in the AFM is 
adequate to address the conditions identified in the proposed AD for 
these airplanes. Therefore, AD action is not necessary to address the 
conditions on these airplanes and we are withdrawing the NPRM.

ADDRESSES: You may look at information related to this action at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 99-CE-35-AD, 901 Locust, 
Room 506, Kansas City, Missouri 64106, between 8 a.m. and 4 p.m., 
Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Larry E. Werth, Airworthiness 
Directive Coordinator, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4147; 
facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What action has FAA taken to date? We issued a proposal to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) to include 
an AD that would apply to all Britten-Norman Models BN-2T and BN-2T-4R 
airplanes that are equipped with pneumatic deicing boots. The proposal 
was published in the Federal Register as an NPRM on October 8, 1999 (64 
FR 54829). The NPRM proposed to require revising the Limitations 
Section of the AFM to include requirements for activation of pneumatic 
deicing boots at the first sign of ice accumulation on the airplane.
    Was the public invited to comment? The FAA invited interested 
persons to participate in the making of this amendment. We received one 
comment on the proposed AD. Our analysis and disposition of this 
comment follow:

Comment Disposition

    What is the commenter's concern? Britten-Norman believes that the 
present wording within the AFM has provided for safe operation of the 
affected airplanes for many years. Therefore, Britten-Norman states 
that FAA should withdraw the NPRM because the requirements would be 
redundant.
    What is FAA's response to the concern? After reviewing the current 
wording in the Britten-Norman AFM, we agree that the actions included 
in the NPRM are not necessary. We will withdraw the NPRM per the 
Britten-Norman request.

The FAA's Determination

    What is FAA's final determination on this issue? Based on the above 
information, we have determined that there is no need for the NPRM, 
Docket No. 99-CE-35-AD, and that we should withdraw it.
    Withdrawal of this NPRM does not prevent us from issuing another 
notice in the future, nor will it commit us to any course of action in 
the future.

Regulatory Impact

    Does this AD involve a significant rule or regulatory action? Since 
this action only withdraws a proposed AD, it is not an AD 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, FAA withdraws the notice of proposed rulemaking, 
Docket No. 99-CE-35-AD, published in the Federal Register on October 8, 
1999 (64 FR 54829).

    Issued in Kansas City, Missouri, on August 23, 2000.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-21984 Filed 8-28-00; 8:45 am]
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