[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Proposed Rules]
[Pages 66500-66501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23166]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0576; Product Identifier 2019-NM-049-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM) 
that proposed to adopt a new airworthiness directive (AD) that would 
have applied to all The Boeing Company Model 747-400, 747-400F, 747-8F, 
and 747-8 series airplanes. The NPRM was prompted by reports of dual 
flight management computer (FMC) cold starts during a critical flight 
phase such as takeoff and approach. The NPRM would have required an 
inspection to determine if certain software is installed, installation 
of FMC operational program software (OPS) and a software configuration 
check, and applicable concurrent requirements. Since issuance of the 
NPRM, the FAA determined that the installation of new software, as 
proposed in the NPRM, does not resolve the unsafe condition identified 
in the NPRM. Accordingly, the NPRM is withdrawn.

DATES: The FAA is withdrawing the proposed rule published August 8, 
2019 (84 FR 38887), as of October 20, 2020.

ADDRESSES: 

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0576; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this AD action, any comments received, and other information. The 
street address for Docket Operations is 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: Nelson Sanchez, Aerospace Engineer, 
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax: 206-231-3543; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued an NPRM that proposed to amend 14 CFR part 39 by 
adding an AD that would apply to the specified products. The NPRM was 
published in the Federal Register on August 8, 2019 (84 FR 38887). The 
NPRM was prompted by reports of dual FMC cold starts during a critical 
flight phase such as takeoff and approach. The NPRM proposed to require 
an inspection to determine if certain software is installed, 
installation of FMC OPS and a software configuration check, and 
applicable concurrent requirements. The proposed actions were intended 
to address dual FMC cold starts, which can result in a loss of flight 
critical data from flight deck displays during a high workload phase of 
flight. This condition, if not addressed, could reduce the flightcrew's 
situational awareness, resulting in a loss of continued safe flight and 
landing.

Actions Since the NPRM Was Issued

    Since issuance of the NPRM, the manufacturer discovered that the 
installation of new NG FMC BP 4.0 software, as proposed in the NPRM, 
does not resolve the unsafe condition identified in the NPRM, and the 
manufacturer is developing new software to resolve the unsafe 
condition. In light of these changes, the FAA is considering further 
rulemaking.
    Withdrawal of the NPRM constitutes only such action and does not 
preclude the FAA from further rulemaking on this issue, nor does it 
commit the FAA to any course of action in the future.

FAA's Conclusions

    Upon further consideration, the FAA has determined that the NPRM 
does not adequately address the identified unsafe condition. 
Accordingly, the NPRM is withdrawn.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule. This action 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, the notice of proposed rulemaking, Docket No. FAA-
2019-0576, which was published in the Federal Register on August 8, 
2019 (84 FR 38887), is withdrawn.


[[Page 66501]]


    Issued on October 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-23166 Filed 10-19-20; 8:45 am]
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