[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Proposed Rules]
[Page 20080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7672]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-352-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 
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 
series airplanes. That action would have required replacement of the 
air turbine starters (ATSs) with modified ATSs. Since the issuance of 
the NPRM, we have reviewed the requirements of the proposed AD and 
determined that the same unsafe condition is addressed in another AD. 
Accordingly, this proposed AD is withdrawn.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) 
227-1175; 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 December 18, 2003 (68 FR 70475). The 
proposed rule would have required replacement of the air turbine 
starters (ATSs) with modified ATSs. That action was prompted by 
notification from the Departmento de Aviacao Civil (DAC), which is the 
airworthiness authority for Brazil, of an unsafe condition. The DAC 
advised it had received reports of interference problems between the 
engine ATSs' output shafts and the engine accessory gear box (AGB) 
shafts. The proposed actions were intended to prevent a sheared ATS 
output shaft from allowing oil to flow down the engine AGB shafts and 
dripping into the engine compartments, and consequent oil fire, in-
flight shutdown, and/or rejected take-off.

Actions That Occurred Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that the DAC issued 
two Brazilian airworthiness directives that address that same unsafe 
condition. The DAC issued Brazilian airworthiness directives 2001-09-
04, dated October 10, 2001, and 2003-07-01R1, dated December 23, 2003. 
We issued a parallel proposed AD for each Brazilian airworthiness 
directive. One proposed AD, Docket Number 2002-NM-352-AD, was published 
in the Federal Register on December 18, 2003 (68 FR 70475). The other 
proposed AD, Docket Number 2003-NM-237-AD, was published in the Federal 
Register on February 19, 2004 (69 FR 7707). The final rule for Docket 
Number 2003-NM-237-AD was published in the Federal Register on February 
17, 2005 (70 FR 8028) as AD 2005-04-05.

FAA's Conclusions

    Upon further evaluation, and based on comments received in response 
to the proposed AD with Docket Number 2002-NM-352-AD, we determined 
that it was in the best interest of the FAA and the U.S. operators to 
combine the requirements of both of our proposed ADs into the final 
rule for Docket Number 2003-NM-237-AD, AD 2005-04-05. The requirements 
in AD 2005-04-05 adequately address the identified unsafe condition 
specified in the proposed AD, Docket Number 2002-NM-352-AD. 
Accordingly, the proposed AD with Docket Number 2002-NM-352-AD is 
withdrawn. The DAC and the airplane manufacturer support our decision.
    Withdrawal of the NPRM does not preclude the FAA from issuing 
another related action or commit the FAA 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, we withdraw the NPRM, Docket Number 2002-NM-352-AD, 
which was published in the Federal Register on December 18, 2003 (68 FR 
70475).

    Issued in Renton, Washington, on April 11, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-7672 Filed 4-15-05; 8:45 am]
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