[Federal Register Volume 64, Number 227 (Friday, November 26, 1999)]
[Proposed Rules]
[Pages 66418-66419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30802]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-102-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 revision to the FAA-approved Airplane Flight Manual (AFM) to prohibit
in-flight operation of the auxiliary power unit (APU). That proposal
also would have required inspection of the APU fire extinguisher
discharge cartridge for corrosion, and replacement of the discharge
cartridge with a new cartridge, if necessary; and modification of the
fire extinguishing system tube assembly. Accomplishment of these
actions would have terminated the AFM revision. Since the issuance of
the NPRM, the manufacturer has advised the Federal Aviation
Administration (FAA) that, on all of the affected Model 328-100 series
airplanes, the APU fire extinguisher discharge cartridges have been
inspected, all corroded discharge cartridges have been replaced with
new cartridges, and modification of the fire extinguishing system tube
assemblies
[[Page 66419]]
has been accomplished. Accordingly, the proposed rule is withdrawn.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 certain Dornier Model 328-100 series
airplanes, was published in the Federal Register on June 28, 1999 (64
FR 34590). The proposed rule would have required a revision to the FAA-
approved Airplane Flight Manual (AFM) to prohibit in-flight operation
of the auxiliary power unit (APU); inspection of the APU fire
extinguisher discharge cartridge for corrosion, and replacement of the
discharge cartridge with a new cartridge, if necessary; and
modification of the fire extinguishing system tube assembly. After
accomplishment of the inspection, modification, and replacement (if
necessary), the AFM revision would be removed. The proposed rule was
prompted by issuance of mandatory continuing airworthiness information
by a foreign civil airworthiness authority. The proposed actions were
intended to correct deficiencies in the design of the fire
extinguishing system that did not allow for adequate fluid drainage.
This condition, if not corrected, could have resulted in operational
failure of the APU fire extinguisher.
Actions That Occurred Since the NPRM Was Issued
Since the issuance of that NPRM, the manufacturer has provided the
FAA with confirmation that, on all of the affected Dornier Model 328-
100 series airplanes, the APU fire extinguisher discharge cartridges
have been inspected, all corroded discharge cartridges have been
replaced with new cartridges, and modification of all the fire
extinguishing system tube assemblies has been accomplished.
FAA's Conclusions
Upon further consideration, the FAA has determined that the
proposed actions of the NPRM (Rules Docket 99-NM-102-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 99-NM-102-
AD, published in the Federal Register on June 28, 1999 (64 FR 34590),
is withdrawn.
Issued in Renton, Washington, on November 19, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-30802 Filed 11-24-99; 8:45 am]
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