[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Proposed Rules]
[Page 23866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09428]


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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. 78, No. 78 / Tuesday, April 23, 2013 / 
Proposed Rules  

[[Page 23866]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0678; Directorate Identifier 2010-NM-020-AD]
RIN 2120-AA64


Airworthiness Directives; the Boeing Company

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 The Boeing 
Company Model 777-200 and -300 series airplanes. The proposed AD would 
have required installing new operational software in the cabin 
management system, and loading new software into the mass memory card. 
Since the proposed AD was issued, we have received new data that 
indicates the unsafe condition would not be adequately addressed by the 
proposed action. Subsequently, we are considering issuing new 
rulemaking that positively addresses the unsafe condition identified in 
the NPRM and eliminates the need for the actions proposed in the NPRM. 
Accordingly, the proposed AD is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD action, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is the Document 
Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ray Mei, Aerospace Engineer, Systems 
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6467; fax: 425-917-6590; email: [email protected].

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 Model 777-200 and -300 series airplanes. That NPRM 
published in the Federal Register on July 7, 2010 (75 FR 38945). The 
NPRM would have required installing new operational software in the 
cabin management system, and loading new software into the mass memory 
card. The NPRM resulted from an in-flight entertainment (IFE) systems 
review. The proposed actions were intended to ensure that the 
flightcrew is able to turn off electrical power to the IFE system and 
other non-essential electrical systems through a switch in the flight 
compartment in the event of smoke or flames. In the event of smoke or 
flames in the airplane flight deck or passenger cabin, the flightcrew's 
inability to turn off electrical power to the IFE system and other non-
essential electrical systems could result in the inability to control 
smoke or flames in the airplane flight deck or passenger cabin during a 
non-normal or emergency situation.

Actions Since NPRM (75 FR 38945, July 7, 2010) Was Issued

    Since we issued the NPRM (75 FR 38945, July 7, 2010), we have 
received new data that the actions that indicates the unsafe condition 
would not be adequately addressed by the proposed action. Subsequently, 
we are considering issuing new rulemaking that positively addresses the 
unsafe condition identified in the NPRM and eliminates the need for the 
actions proposed in the NPRM.

FAA's Conclusions

    Upon further consideration, we have determined that the unsafe 
condition still exists, however, we intend to address it with new AD 
rulemaking. Accordingly, the NPRM (75 FR 38945, July 7, 2010) is 
withdrawn.
    Withdrawal of the NPRM (75 FR 38945, July 7, 2010) 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 (75 FR 38945, July 7, 
2010), 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, Incorporation by 
reference, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2010-0678, 
Directorate Identifier 2010-NM-020-AD, which published in the Federal 
Register on July 7, 2010 (75 FR 38945).

    Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-09428 Filed 4-22-13; 8:45 am]
BILLING CODE 4910-13-P