[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Rules and Regulations]
[Pages 9619-9621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4123]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-11-AD; Amendment 39-9153; AD 95-04-01]


Airworthiness Directives; Boeing Models 727, 737, and 747 Series 
Airplanes; McDonnell Douglas Models DC-8 and DC-9 Series Airplanes, 
Model MD-88 Airplanes, and Models MD-11 and MD-90-30 Series Airplanes; 
Lockheed Models L-1011-385-1, -385-1-14, -385-1-15, and -385-3 Series 
Airplanes; and Fokker Models F28 Mark 1000, 2000, 3000, 4000, and 0100 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain transport category airplanes equipped with 
Honeywell Standard Windshear Detection and Recovery Guidance System 
(WSS). This action requires a revision to the FAA-approved Airplane 
Flight Manual (AFM) to alert the flight crew of the potential for 
significant delays in the WSS detecting windshear when the flaps of the 
airplane are in transition. This amendment is prompted by a report of 
an accident during which an airplane encountered severe windshear 
during a missed approached. The actions specified in this AD are 
intended to ensure that the flight crew is aware that there may be 
significant delays in the WSS detecting windshear when the flaps of the 
airplane are in transition.

DATES: Effective March 8, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before April 24, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
[[Page 9620]] Administration (FAA), Transport Airplane Directorate, 
ANM-103, Attention: Rules Docket No. 95-NM-11-AD, 1601 Lind Avenue, 
SW., Renton, Washington 98055-4056.
    Information concerning this amendment may be obtained from or 
examined at the FAA, Transport Airplane Directorate, Rules Docket, 1601 
Lind Avenue, SW., Renton, Washington; or at the FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California.

FOR FURTHER INFORMATION CONTACT: J. Kirk Baker, Aerospace Engineer, 
Systems and Equipment Branch, ANM-133L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712; telephone (310) 627-5345; fax 
(310) 627-5210.

SUPPLEMENTARY INFORMATION: Recently, the FAA has received a report of 
an accident during which the flight crew executed a missed approach 
following an instrument landing system (ILS) approach. A McDonnell 
Douglas Model DC-9-31 series airplane equipped with Honeywell Standard 
Windshear Detection System (WSS) was involved in this accident. 
Investigation into the cause of this accident revealed that the 
airplane encountered severe windshear during the missed approach. The 
FAA has determined that a design feature in the windshear computer 
delayed detection of windshear when the airplane's flaps were in 
transition. This condition, if not corrected, could result in the 
flight crew being unaware of the potential for significant delays in 
the WSS detecting windshear when the flaps of the airplane are in 
transition.
    The Honeywell WSS is also installed on certain Boeing Models 727, 
737, and 747 series airplanes; McDonnell Douglas Models DC-8 and DC-9-
10, -21, -41, -51, and -80 series airplanes, Model MD-88 airplanes, and 
Models MD-11 and MD-90-30 series airplanes; Lockheed Models L-1011-385 
series airplanes; and Fokker Models F28 Mark 1000, 2000, 3000, 4000, 
and 0100 series airplanes. In light of this, the FAA has determined 
that these airplanes are also subject to this same unsafe condition.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, this AD is 
being issued to ensure that the flight crew is aware that there may be 
significant delays in the WSS detecting windshear when the flaps of the 
airplane are in transition. This AD requires a revision to the FAA-
approved Airplane Flight Manual (AFM) to alert the flight crew of the 
potential for significant delays in the WSS detecting windshear when 
the flaps of the airplane are in transition.
    This is considered to be interim action. Once a modification is 
developed, approved, and available, the FAA may consider additional 
rulemaking.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-11-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-04-01  Boeing, McDonnell Douglas, Lockheed, and Fokker: Amendment 
39-9153. Docket 95-NM-11-AD.

    Applicability: The following models and series of airplanes, 
certificated in any category, equipped with Honeywell Standard 
Windshear Detection and Recovery Guidance System (WSS):

Boeing Model 727-100 and -200 series airplanes;
Boeing Model 737-100, -200, and -300 series airplanes;
Boeing Model 747-100, -200, and -300 series airplanes;
McDonnell Douglas Model DC-8-50, -60, and -70 series airplanes;
McDonnell Douglas Model DC-9-10, -21, -30, -41, -51, and -80 series 
airplanes; [[Page 9621]] 
McDonnell Douglas Model MD-88 airplanes;
McDonnell Douglas Model MD-11 and MD-90-30 series airplanes;
Lockheed Model L-1011-385-1, -385-1-14, -385-1-15, and -385-3 series 
airplanes; and
Fokker Model F28 Mark 1000, 2000, 3000, 4000, and 0100 series 
airplanes;

    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flight crew is aware of significant delays in 
the Windshear Detection and Recovery Guidance System (WSS) detecting 
windshear when the flaps of the airplane are in transition, 
accomplish the following:
    (a) Within 14 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved Airplane Flight Manual 
(AFM) to include the following statement. This may be accomplished 
by inserting a copy of this AD in the AFM.
    ``During sustained banks of greater than 15 degrees or during 
flap configuration changes, the Honeywell Windshear Detection and 
Recovery Guidance System (WSS) is desensitized and alerts resulting 
from encountering windshear conditions will be delayed.''
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angles Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Operations Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) This amendment becomes effective on March 8, 1995.

    Issued in Renton, Washington, on February 14, 1995.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-4123 Filed 2-17-95; 8:45 am]
BILLING CODE 4910-13-U