[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Proposed Rules]               
[Page 5775-5776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja08-22]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Directorate Identifier 2000-NM-120-AD]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-120 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-120 series airplanes. That action would have required 
repetitive calibration testing of potentiometers to detect noisy 
signals, replacement of only those with noisy signals, and reporting 
results of the

[[Page 5776]]

calibration tests of the potentiometers and the readouts of the flight 
data recorder (FDR) to the airplane manufacturer. Since the issuance of 
the NPRM, the Federal Aviation Administration (FAA) has determined that 
while a noisy or defective potentiometer may hamper the ability to 
access certain aircraft data in support of either an accident or 
incident investigation or just general maintenance activities, there is 
no direct effect on the aircraft's ability to be operated safely. 
Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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-120 series 
airplanes, was published in the Federal Register as a second 
supplemental Notice of Proposed Rulemaking (NPRM) on February 1, 2005 
(70 FR 5070). The proposed rule would have required repetitive 
calibration testing of potentiometers to detect noisy signals, 
replacement of only those with noisy signals, and reporting results of 
the calibration tests of the potentiometers and the readouts of the 
flight data recorder (FDR) to the airplane manufacturer. The proposed 
actions were intended to prevent the potentiometers that provide 
information on the positions of the primary flight controls to the FDR 
from transmitting noisy signals or becoming improperly calibrated, 
resulting in the transmission of incomplete or inaccurate data to the 
FDR.

Actions That Occurred Since the Second Supplemental NPRM Was Issued

    Since the issuance of the second supplemental NPRM, the FAA has 
determined that while a noisy or defective potentiometer may hamper the 
ability to access certain aircraft data in support of either an 
accident or incident investigation or just general maintenance 
activities, there is no direct effect on the aircraft's ability to be 
operated safely.
    On December 7, 2007, we issued Special Airworthiness Information 
Bulletin (SAIB) NM-08/10 to recommend calibrating, testing, and 
replacing certain potentiometers to the ailerons, elevators, and rudder 
of the subject airplanes, which is part of the manufacturer's 
recommended maintenance program.

FAA's Conclusions

    Upon further consideration, the FAA has determined that no unsafe 
condition exists. Accordingly, the proposed rule is hereby withdrawn.
    Withdrawal of this second supplemental 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 second supplemental notice of proposed rulemaking, 
Directorate Identifier 2000-NM-120-AD, published in the Federal 
Register on February 1, 2005 (70 FR 5070), is withdrawn.

    Issued in Renton, Washington, on January 15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-1706 Filed 1-30-08; 8:45 am]

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