[Federal Register: September 28, 2004 (Volume 69, Number 187)]
[Proposed Rules]
[Page 57883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se04-23]
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Proposed Rules
Federal Register
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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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[[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 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rule is withdrawn.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]
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