[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Page 8595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3751]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 91-NM-195-AD]


Airworthiness Directives; Boeing Model 747-400 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed to supersede an existing airworthiness directive (AD), 
applicable to certain Boeing Model 747-400 series airplanes. That 
action would have required the modification of certain distance 
measuring equipment (DME), which would terminate a previously required 
limitation of the FAA-approved Airplane Flight Manual (AFM) that 
prohibits terminal area and enroute area navigation operations under 
certain conditions. Since the issuance of the NPRM, the Federal 
Aviation Administration (FAA) has issued separate rulemaking that 
requires installation of the modification proposed in the NPRM. 
Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Pete Skaves, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Transport Airplane 
Directorate, Seattle Aircraft Certification Office, 1601 Lind Avenue, 
SW., Renton, Washington 98055-4056; telephone (206) 227-2795; fax (206) 
227-1181.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to supersede AD 91-12-08, 
amendment 39-7019 (56 FR 25362, June 4, 1991), applicable to certain 
Boeing Model 747-400 series airplanes, was published in the Federal 
Register on November 1, 1991 (56 FR 56177). The proposed rule would 
have required modification of certain distance measuring equipment 
(DME). Accomplishment of that modification would have constituted 
terminating action for a previously required limitation of the FAA-
approved Airplane Flight Manual (AFM) that prohibits terminal area and 
enroute area navigation operations under certain conditions. That 
action was prompted by the development of a design change that would 
prevent erroneous distance information from being displayed to the 
flight crew and sent to the flight management computer (FMC). The 
proposed actions were intended to prevent decreased enroute area 
navigation (RNAV) accuracy or decreased terminal area navigation 
capabilities, which may then necessitate missed approaches, the use of 
alternative means of navigation for approach, or diversion to an 
alternative airport.
    Since the issuance of that NPRM, the FAA issued AD 94-02-02 (59 FR 
2519, January 18, 1994), applicable to Rockwell International/Collins 
Air Transport Division DME-700 Distance Measuring Equipment. (A 
correction of the rule was published in the Federal Register on 
February 23, 1994 (59 FR 8519)). That AD requires, in part, 
modification of certain DME units, including those units installed on 
the Boeing Model 747-400 series airplanes that would have been 
applicable to the rule proposed by the NPRM.
    Since modification of the DME units is now required by AD 94-02-02, 
the FAA finds that the proposed requirements of the NPRM are 
unnecessary, since they would merely duplicate those currently required 
by AD 94-02-02. Accordingly, the proposed rule is hereby withdrawn.
    Additionally, since the modification required by AD 94-02-02 
eliminates the need for the AFM limitation required by AD 91-12-08, the 
FAA is considering rescinding that AD by a separate rulemaking action.
    Withdrawal of this notice of proposed rulemaking constitutes only 
such action, and does not preclude the agency from issuing another 
notice in the future, nor does it commit the agency to any course of 
action in the future.
    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 91-NM-195-
AD, published in the Federal Register on November 1, 1991 (56 FR 
56177), is withdrawn.

    Issued in Renton, Washington, on February 9, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-3751 Filed 2-14-95; 8:45 am]
BILLING CODE 4910-13-P