[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Proposed Rules]
[Pages 36723-36724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10175]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23739; Directorate Identifier 2005-NM-240-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed a new airworthiness directive (AD) for certain EMBRAER Model 
EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. 
The proposed AD would have required modifying the routing of wire 
harness W407 near the fire extinguishing tube in the area of each 
engine, and installing new supports for related wiring. Since the 
proposed AD was issued, we have received new data indicating that the 
identified unsafe condition does not exist. Accordingly, the proposed 
AD is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., Room PL-401, 
Washington, DC. This docket number is FAA-2006-23739; the directorate 
identifier for this docket is 2005-NM-240-AD.

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:

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new 
AD for certain EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. That NPRM was published in the Federal 
Register on February 2, 2006 (71 FR 5626). The NPRM would have required 
modifying the routing of wire harness W407 near the fire extinguishing 
tube in the area of each engine, and installing new supports for 
related wiring. The NPRM resulted from reports of chafing of wire 
harness W407 against the supports and nacelle structure in the engine 
area. The proposed actions were intended to prevent such chafing, which 
could result in an engine shutting down during flight.

Actions Since NPRM Was Issued

    Since we issued the NPRM, the airplane manufacturer, EMBRAER, has 
provided additional information concerning the unsafe condition 
identified in the NPRM. EMBRAER Service Bulletin 145-71-0008, Change 
01, dated July 24, 2001 (which was referenced as the appropriate source 
of service information for accomplishing the proposed actions), 
addressed chafing of wire harness W407 on the left- and right-hand 
engines. However, EMBRAER subsequently indicates that the objective of 
that service bulletin was not considered to be a means to avoid in-
flight shutdown (IFSD) and, in fact, wire harness W407 is not engine 
control related. The harness is related to the engine lip anti-ice 
system, starter control valve, engine fire detection system, and engine 
bleed air extraction systems. None of these systems are possible 
contributors to an uncommanded IFSD. In addition, reported IFSD events 
in the EMB-145 fleet related to chafing of a different harness--the 
engine control harness--are associated with the engine manufacturer-
provided harness, which is not the subject of EMBRAER Service Bulletin 
145-71-0008.
    EMBRAER states that chafing (among other things) of the engine 
control system harness can cause internal failure of the full authority 
digital engine control (FADEC), which leads to a fuel shutoff valve 
closure command. However, in May 2001, EMBRAER introduced FADEC 
internal modifications for airplanes in production to prevent an 
inadvertent IFSD. Also, for FADECs manufactured before May 2001, Rolls-
Royce, the engine manufacturer, developed an external adapter with the 
same design objectives as those of EMBRAER's internal modifications. 
These adapters have already been sent to operators to install in their 
affected airplanes. EMBRAER adds that the engine inspection tasks from 
the airplane maintenance program have been revised and improved, as 
well as the engine harness inspection and installation tasks in the 
aircraft maintenance manual (AMM).

FAA's Conclusions

    Upon further consideration, we have determined that the unsafe 
condition identified in the NPRM does not exist. Accordingly, the NPRM 
is withdrawn.
    We have coordinated this action with the Departamento de 
Avia[ccedil][atilde]o Civil (DAC), which is the airworthiness authority 
for Brazil. The DAC indicates it is considering cancelling its related 
airworthiness directive, 2005-10-05, which was effective November 17, 
2005.
    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 an NPRM, 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).

[[Page 36724]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2006-23739; 
Directorate Identifier 2005-NM-240-AD, which was published in the 
Federal Register on February 2, 2006 (71 FR 5626).

    Issued in Renton, Washington, on June 21, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-10175 Filed 6-27-06; 8:45 am]
BILLING CODE 4910-13-P