00-23323. Airworthiness Directives; British Aerospace Jetstream Models 3101 and 3201 Airplanes

AGENCY:

Federal Aviation Administration, DOT.

ACTION:

Proposed rule; Withdrawal.

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: [phone]; facsimile: [phone].

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.