[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Proposed Rules]
[Pages 54981-54982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23323]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-40-AD]
RIN 2120-AA64


Airworthiness Directives; British Aerospace Jetstream Models 3101 
and 3201 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 British Aerospace Jetstream Models 3101 
and 3201 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 British Aerospace airplanes) that occurred in icing 
conditions where the airframe pneumatic deicing boots were not 
activated. British Aerospace has shown the design of the affected 
airplanes, including the language currently 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-40-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:

[[Page 54982]]

(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 British Aerospace Jetstream Models 3101 
and 3201 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 54811). 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 take part in making this amendment. We received a comment on 
the proposed AD from British Aerospace. Our analysis and disposition of 
this comment follow:

Comment Disposition

    What is the commenter's concern? British Aerospace provides data it 
believes shows the design of the affected airplanes, including the 
language currently in the AFM, is adequate to address the conditions 
identified in the proposed AD for these airplanes. Therefore, British 
Aerospace requests that FAA withdraw the NPRM.
    What is FAA's response to the concern? After evaluating the data 
that British Aerospace sent, we have determined the design of the 
affected airplanes, including the language currently in the AFM, is 
adequate to address the conditions identified in the proposed AD for 
these airplanes. We will withdraw the NPRM as British Aerospace 
requests.

The FAA's Determination

    What is FAA's final determination on this issue? Based on the above 
information, we have determined there is no need for the NPRM, Docket 
No. 99-CE-40-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-40-AD, published in the Federal Register on October 8, 
1999 (64 FR 54811).

    Issued in Kansas City, Missouri, on September 5, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-23323 Filed 9-11-00; 8:45 am]
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