AD 98-21-16

[Federal Register Volume 63, Number 226 (Tuesday, November 24, 1998)]
[Rules and Regulations]
[Pages 64848-64849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31315]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-70-AD; Amendment 39-10825; AD 98-21-16]
RIN 2120-AA64


Airworthiness Directives; British Aerospace HP137 Mk1, Jetstream 
Series 200, and Jetstream Models 3101 and 3201 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; withdrawal.

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SUMMARY: This action withdraws direct final rule Airworthiness 
Directive (AD) 98-21-16, which would have applied to all British 
Aerospace (BAe) HP137 Mk1, Jetstream Series 200, and Jetstream Models 
3101 and 3201 airplanes; and would have superseded AD 98-12-23 (this AD 
will remain in effect, unless the Federal Aviation Administration (FAA) 
initiates additional rulemaking action). AD 98-21-16 would have 
required repetitively replacing the windshield wiper arm, attachment 
bolts, and assembly; measuring the material thickness of the upper and 
lower toggle attachment brackets on the nose landing gear of the 
affected airplanes, and replacing the toggle attachment bracket lugs. 
Since the issuance of the direct final rule, the FAA has received a 
written adverse comment. Accordingly, the direct final rule is 
withdrawn.

FOR FURTHER INFORMATION CONTACT: Mr. S.M. Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 1201 Walnut, suite 900, 
Kansas City, Missouri

[[Page 64849]]

64106; telephone: (816) 426-6934; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION: The FAA published AD 98-21-16 as a direct 
final rule with request for comments in the Federal Register on October 
8, 1998 (63 FR 54039). That direct final rule amended part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to all BAe HP137 Mk1, Jetstream Series 200, and Jetstream 
Models 3101 and 3201 airplanes. That AD would have superseded AD 98-12-
23 with a new AD to require repetitively replacing the windshield wiper 
arm, attachment bolts, and assembly; measuring the material thickness 
of the upper and lower toggle attachment brackets on the nose landing 
gear of the affected airplanes, and replacing the toggle attachment 
bracket lugs.
    AD 98-21-16 was the result of additional mandatory continuing 
airworthiness information (MCAI) pertaining to this subject received 
from the airworthiness authority for the United Kingdom. The actions 
specified in that AD were intended to prevent the windshield wiper arm 
from corroding, detaching from the airplane during flight, and 
penetrating the fuselage, which could result in possible injury to the 
pilot and passengers; and to prevent collapse of the nose landing gear 
caused by the current design, which could result in loss of control of 
the airplane during landing operations.

The Direct Final Rule Procedure

    The FAA anticipated that AD 98-21-16 would not result in adverse or 
negative comment and therefore issued it as a direct final rule. The 
requirements of AD 98-21-16 addressed an unsafe condition identified by 
a foreign civil airworthiness authority and do not impose a significant 
burden on affected operators. In accordance with Section 11.17 of the 
Federal Aviation Regulations (14 CFR 11.17), unless a written adverse 
or negative comment or a written notice of intent to submit an adverse 
or negative comment was received within the comment period, AD 98-21-16 
would have become effective on January 6, 1999. If any written 
comment(s) was received within the comment period that was adverse or 
negative comment or written notice was received of the intent to submit 
such a comment, the FAA would publish in the Federal Register a 
document withdrawing the direct final rule (AD 98-21-16). The FAA could 
then issue a notice of proposed rulemaking with a new comment period.

Actions Since the Issuance of the Direct Final Rule

    During the comment period for the 98-21-16, the FAA received a 
written adverse comment. The commenter objects to the 90-day repetitive 
replacement requirement of the windshield wiper arm attachment bolt and 
windshield arm assembly. The commenter suggests that these replacements 
occur at 8 year intervals as specified in the service information.
    Accordingly, the direct final rule is hereby withdrawn.
    Withdrawal of this direct final rule constitutes only such action, 
and does not preclude the agency from issuing a 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 direct final rule, it has no 
adverse economic impact and imposes no additional burden on any person. 
It will have no substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, in accordance with Executive Order 12612, it is 
determined that this action does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action is not 
a ``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979); and (3) will not have a significant 
economic impact, positive or negative, on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, direct final rule AD 98-21-16, Amendment 39-10825, 
Docket No. 98-CE-70-AD, published in the Federal Register on October 8, 
1998 (63 FR 54039), is withdrawn.

    Issued in Kansas City, Missouri, on November 16, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-31315 Filed 11-23-98; 8:45 am]
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