[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Proposed Rules]
[Page 33926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11928]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-67-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and 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-135 and EMB-145 series airplanes. That action would 
have required an inspection of the base and support surfaces of the 
glide slope antenna and of certain electrical connectors of the 
navigation system, and applicable corrective actions if necessary. 
Since the issuance of the NPRM, we have received new data showing that 
the proposed inspection and corrective actions will not eliminate the 
display of erroneous or misleading information to the flightcrew in the 
cockpit. However, we have been informed that the navigation system 
manufacturer has developed effective corrective actions to address the 
unsafe condition identified in the NPRM. Since we issued the NPRM, we 
have issued other rulemaking, which provides corrective actions for the 
identified unsafe condition. 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withdrawn.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 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-135 and EMB-145 
series airplanes, was published in the Federal Register as a Notice of 
Proposed Rulemaking (NPRM) on March 11, 2004 (69 FR 11549). The 
proposed rule would have required an inspection of the base and support 
surfaces of the glide slope antenna and of certain electrical 
connectors of the navigation system, and applicable corrective actions 
if necessary. That action resulted from reports of degradation in the 
performance of the VOR/ILS/MB system due to the presence of moisture, 
dirt, and corrosion between the base and the support of the glide slope 
antenna and in the electrical connectors of the navigation system. The 
proposed actions were intended to prevent the display of erroneous or 
misleading information to the flightcrew in the cockpit due to 
degradation in the performance of the VOR/ILS/HM system.

Actions That Occurred Since the NPRM Was Issued

    Since the issuance of that NPRM, we have received new data showing 
that the degradation in the performance of the VOR/ILS/MB system was 
not caused by dirt and corrosion affecting the glide slope antenna and 
certain navigation system connectors. The degraded performance was 
caused by a parasitic oscillation affecting an internal module of the 
navigation system, and the navigation system manufacturer has provided 
service information detailing proven corrective actions. Accordingly, 
we issued AD 2006-22-05 (71 FR 62907, October 27, 2006), which 
superseded AD 2003-04-06, amendment 39-13054 (68 FR 8539, February 24, 
2003). AD 2006-22-05 provides terminating action for the unsafe 
condition described in AD 2003-04-06, which was also addressed by the 
previously mentioned NPRM, Docket No. 2003-NM-67-AD. Therefore, that 
NPRM is redundant.

FAA's Conclusions

    Upon further consideration, we have determined that the proposed 
rule is not necessary. Accordingly, the NPRM 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-67-
AD, published in the Federal Register on March 11, 2004 (69 FR 11549), 
is withdrawn.

    Issued in Renton, Washington, on June 13, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-11928 Filed 6-19-07; 8:45 am]
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