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.

Proposed Rules Federal Register

57883

Vol. 69, No. 187

Tuesday, September 28, 2004

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.

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 #1 and #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withdrawn.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 #1 and #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 #1 and #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