SUPPLEMENTARY INFORMATION:

Discussion

The FAA has 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 June 6, 2017 (82 FR 25978). The NPRM was prompted by a software defect that prevents the EGPWS from providing terrain warnings. The NPRM proposed to require updating the software version of the EGPWS. The proposed actions were intended to address failure of an EGPWS to generate a terrain warning, which could result in flight into terrain.

Actions Since the NPRM Was Issued

Since issuance of the NPRM, the FAA has determined that the unsafe condition no longer exists and has confirmed that the majority of operators have updated their software as specified in the NPRM. In addition, the FAA confirmed that the software failure related to the potential unsafe condition has occurred only during lab testing; no failures have occurred during operation of the affected helicopters. The FAA completed a new risk assessment based on this data that showed there is an acceptable level of risk. Therefore, the FAA has determined that AD action is not appropriate and the NPRM should be withdrawn.

Withdrawal of this 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 is unnecessary. Accordingly, the NPRM is withdrawn.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).

The Withdrawal

Accordingly, the notice of proposed rulemaking, Docket No. FAA-2017-0492, which was published in the Federal Register on June 6, 2017 (82 FR 25978), is withdrawn.

85 FR 34136