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

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 That AD would have superseded AD 98-12- 23 with a new AD to require repetitively replacing the windshield wiper arm, attachment bolts, and assembly; measuring the material thickness of the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] BILLING CODE 4910-13-U