[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Proposed Rules]
[Page 40265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14145]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / 
Proposed Rules  

[[Page 40265]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27269; Directorate Identifier 2006-NM-207-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 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 
ERJ 170 airplanes. The proposed AD would have required installing 
updated software revisions and, as applicable, doing concurrent 
actions. Since the proposed AD was issued, we have received a report 
that all affected airplanes have already been modified as described in 
the proposed AD. Accordingly, the proposed AD is withdrawn.

DATES: As of July 24, 2007 the proposed rule published at 72 FR 7934, 
Feb. 22, 2007 is withdrawn.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 at the U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC. This docket number is FAA-2007-
27269; the directorate identifier for this docket is 2006-NM-207-AD.

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: 

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 ERJ 170 airplanes. That NPRM was published 
in the Federal Register on February 22, 2007 (72 FR 7934). The NPRM 
would have required installing updated software revisions and, as 
applicable, doing concurrent actions. The NPRM resulted from a report 
of an error in the implementation procedure of the Primus Epic digital 
software platform, which could result in improper functioning of 
certain flight systems. A further report indicated that current 
revisions of the Primus Epic software might cause blinking of all 
cockpit flight displays. The proposed actions were intended to prevent 
improper functioning of certain flight systems and blinking of cockpit 
flight displays, which could lead to increased pilot workload during 
critical phases of flight.

Actions Since NPRM Was Issued

    Since we issued the NPRM, EMBRAER informed us that all Model ERJ 
170 airplanes have been modified in accordance with Service Bulletin 
170-31-0013, Revision 01, dated January 13, 2006 (specified as the 
appropriate source of service information for accomplishing the 
requirements of the proposed AD). EMBRAER states that, consequently, 
all actions specified in the NPRM are complete.

FAA's Conclusions

    Upon further consideration, we have determined that the proposed AD 
is not necessary. Accordingly, the NPRM is withdrawn.
    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).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, FAA-2007-27269, directorate 
identifier 2006-NM-207-AD, which was published in the Federal Register 
on February 22, 2007 (72 FR 7934).

    Issued in Renton, Washington, on July 15, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-14145 Filed 7-23-07; 8:45 am]
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