[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Proposed Rules]
[Pages 63962-63963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24539]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-04-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and -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-135 and -145 series airplanes. That action would have 
required a one-time inspection of the trailing arm cardan of each main 
landing gear (MLG) to identify a certain part number; a one-time 
inspection of certain trailing arm cardans to detect cracking, if 
necessary; and replacement of incorrect trailing arm cardans with 
cardans having a certain part number. Since the issuance of the NPRM, 
the Federal Aviation Administration (FAA) has received new 
substantiating data from the manufacturer that verify that all affected 
airplanes in the worldwide and domestic fleets are in compliance with 
the proposed requirements of the NPRM, and all affected spare parts 
have been returned to the manufacturer and destroyed. 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proposed rule is withdrawn.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 98055-4056; 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-135 and -145 
series airplanes, was published in the Federal Register as a Notice of 
Proposed Rulemaking (NPRM) on March 17, 2003 (68 FR 12615). The 
proposed rule would have required a one-time inspection of the trailing 
arm cardan of each main landing gear (MLG) to identify a certain part 
number; a one-time inspection of certain trailing arm cardans to detect 
cracking, if necessary; and replacement of incorrect trailing arm 
cardans with cardans having a certain part number. That action was 
prompted by notification from the

[[Page 63963]]

Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, of an unsafe condition. The DAC advised that 
during a sampling program, fatigue cracks were found on certain 
trailing arm cardans of the MLGs. The proposed actions were intended to 
ensure that correct trailing arm cardans of the MLGs were installed.

Actions That Occurred Since the NPRM Was Issued

    Since the issuance of that NPRM, the manufacturer has requested 
that the NPRM be withdrawn. The manufacturer has provided data that 
substantiate that all affected airplanes in the worldwide and domestic 
fleets are in compliance with the proposed requirements of the NPRM, 
and that all affected spare parts have been returned to the 
manufacturer and destroyed.

FAA's Conclusions

    Upon further consideration, and based on comments received in 
response to the proposed AD, we have determined that all affected 
airplanes in the worldwide and domestic fleets have complied with the 
requirements of the NPRM, and that all affected spare parts have been 
returned to the manufacturer and destroyed. 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-04-
AD, published in the Federal Register on March 17, 2003 (68 FR 12615), 
is withdrawn.

    Issued in Renton, Washington, on October 21, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-24539 Filed 11-2-04; 8:45 am]
BILLING CODE 4910-13-P