[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Proposed Rules]
[Page 57883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21647]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / 
Proposed Rules

[[Page 57883]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-66-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145 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 
EMBRAER Model EMB-145 series airplanes. That action would have required 
modifying the strap configuration of IC-600 <greek-i>1 and <greek-i>2 
integrated computers to disable CAT II operations with the flight 
director. Since the issuance of the NPRM, the Federal Aviation 
Administration (FAA) has received new data indicating that the 
identified unsafe condition has been corrected on all airplanes that 
would have been subject to the proposed AD. Accordingly, the proposed 
rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

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 EMBRAER Model EMB-145 series 
airplanes, was published in the Federal Register as a Notice of 
Proposed Rulemaking (NPRM) on January 27, 2004 (69 FR 3863). The 
proposed rule would have required modifying the strap configuration of 
IC-600 <greek-i>1 and <greek-i>2 integrated computers to disable CAT II 
operations with the flight director. That action was prompted by a 
report that IC-600 integrated computers, equipped with certain Engine 
Indication and Crew Alerting System (EICAS) software versions not 
configured through configuration module IM-600, enable CAT II 
operations with the flight director. The proposed actions were intended 
to prevent the flightcrew from receiving hazardously misleading 
guidance information, which, in the event of a high-workload landing, 
could result in reduced controllability of the airplane.

Actions That Occurred Since the NPRM Was Issued

    Since the issuance of that NPRM, the airplane manufacturer has 
provided us with data that indicate that the identified unsafe 
condition (enabling of CAT II operations with the flight director, 
which could cause the flightcrew to receive hazardously misleading 
guidance information that, in the event of a high-workload landing, 
could result in reduced controllability of the airplane) has already 
been corrected on all airplanes that would have been subject to the 
proposed AD. On all affected airplanes, either the strap configuration 
of IC-600 <greek-i>1 and <greek-i>2 integrated computers has been 
modified as proposed in the NPRM, or a later EICAS software version has 
been installed that is not affected by the identified unsafe condition. 
Thus, the unsafe condition no longer exists on the subject airplanes.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Expand Applicability of Proposed AD

    One commenter requests that we expand the applicability of the 
proposed AD to include airplanes equipped with IM-600 configuration 
modules. The commenter states that the configuration software for Model 
EMB-135 and -145XR series airplanes allows either Autopilot or Flight 
Director modes of CAT II operation. The commenter states that applying 
the proposed requirements to airplanes equipped with IM-600 
configuration modules would standardize the FAA's approach to CAT II 
operations.
    We are reviewing the commenter's statements and may consider 
additional rulemaking to require actions on airplanes equipped with IM-
600 configuration modules if we determine that an unsafe condition 
exists on those airplanes. No change to this action is necessary in 
this regard.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the actions 
that would have been required by the proposed AD have already been done 
on all affected airplanes, and the identified unsafe condition has been 
corrected. Accordingly, the proposed rule is hereby withdrawn.
    Withdrawal of this NPRM constitutes only such action, and does not 
preclude the agency from issuing another action 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 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 2003-NM-66-
AD, published in the Federal Register on January 27, 2004 (69 FR 3863), 
is withdrawn.

    Issued in Renton, Washington, on September 16, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-21647 Filed 9-27-04; 8:45 am]
BILLING CODE 4910-13-P