[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Proposed Rules]
[Pages 31122-31124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14402]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-55-AD]


Airworthiness Directives; Boeing Models 727, 737, and 747 Series 
Airplanes; McDonnell Douglas Model 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 Series Airplanes; Fokker Models F28 Mark 
1000, 2000, 3000, 4000, and 0100 Series Airplanes; and British 
Aerospace Model Avro 146-RJ Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of two existing 
airworthiness directives (AD), that are applicable to certain transport 
category airplanes equipped with certain Honeywell Standard Windshear 
Detection Systems (WSS). Those AD's currently require 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. Those AD's were 
prompted by a report of an accident during which an airplane 
encountered severe windshear during a missed approach. This action 
would require that the currently-installed line replaceable unit (LRU) 
be replaced with a modified LRU having new software that eliminates 
delays in the WSS detecting windshear when the flaps of the airplane 
are in transition. The actions specified by the proposed AD are 
intended to prevent significant delays in the WSS detecting hazardous 
windshear, which could lead to the loss of flight path control.

DATES: Comments must be received by August 8, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-55-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, 
Transport Airplane Directorate, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712.

FOR FURTHER INFORMATION CONTACT:
J. Kirk Baker, Aerospace Engineer, Systems and Equipment Branch, ANM-
130L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712; telephone (310) 627-5345; fax 
(310) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-55-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-55-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On February 14, 1995, the FAA issued AD 95-04-01, amendment 39-9153 
(60 FR 9619, February 2, 1995), which is applicable to various 
transport category airplanes equipped with certain Honeywell Standard 
Windshear Detection and Recovery Guidance Systems (WSS). Additionally, 
on April 21, 1995, the FAA issued AD 95-09-05, amendment 39-9208 (60 FR 
20887, April 28, 1995), which is applicable to British Aerospace Model 
Avro 146-RJ70A, -RJ85A, and -RJ100A airplanes, equipped with a similar 
Honeywell WSS. [A correction of AD 95-09-05 was published in the 
Federal Register on May 19, 1995 (60 FR 26824).]
    Those AD's require a revision to the FAA-approved airplane flight 
manual (AFM) to alert the flightcrew of the potential for significant 
delays in the WSS detecting windshear when the flaps of the airplane 
are in transition. Those actions were prompted by a report of an 
accident during which an airplane encountered severe windshear during a 
missed approach. The requirements of those AD's are intended to ensure 
that the flightcrew is aware that there may be significant delays in 
the WSS detecting windshear when the flaps of the airplane are in 
transition.
    In the preambles to those AD's, the FAA stated that the 
requirements of each of the AD's were considered to be interim action, 
and that additional rulemaking action was being considered to permit 
removal of the AFM limitation.

[[Page 31123]]

    The FAA now has determined that replacement of the currently-
installed line replaceable unit (LRU) with a modified LRU, having new 
software that eliminates delays in the WSS detecting windshear when the 
flaps of the airplane are in transition, will positively address the 
unsafe condition. The unsafe condition has been identified as 
significant delays in the WSS detecting windshear, which could lead to 
the loss of flight path control. Based on this determination, the FAA 
finds that additional rulemaking action is indeed necessary, and this 
proposed rule follows from that determination.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would supersede AD 95-04-01 and AD 95-09-05. The proposed 
AD would require replacement of the currently-installed LRU with a 
modified LRU having new software that eliminates delays in the WSS 
detecting windshear when the flaps of the airplane are in transition. 
Replacement would be required to be accomplished in accordance with a 
method approved by the FAA.
    The proposed compliance time of 24 months for replacement is based 
on the time estimated to be necessary to obtain a modified LRU, plus 
the time necessary to install that modified LRU on the airplane. 
Consequently, the FAA has determined that it is appropriate to permit 
the installation of unmodified LRU's for up to 12 months after the 
effective date of the rule, provided that the AFM limitation required 
by the existing AD's continues to remain in effect. This will allow 
operators to use unmodified LRU's, that may be held as spares, as 
replacement items is necessary during the 12-month period.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this long-standing requirement.
    There are approximately 2,320 airplanes of the affected design in 
the worldwide fleet. The FAA estimates that 1,618 airplanes of U.S. 
registry would be affected by this proposed AD, that it would take 
approximately 10 work hours per airplane to accomplish the proposed 
actions, and that the average labor rate is $60 per work hour. 
Honeywell would incur the costs for the software upgrade for the LRU's. 
Based on these figures, the total cost impact of the proposed AD on 
U.S. operators is estimated to be $970,800, or $600 per airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-9153 (60 FR 
9619, February 21, 1995) and amendment 39-9208 (60 FR 20887, April 28, 
1995), and by adding a new airworthiness directive (AD), to read as 
follows:

Boeing; McDonnell Douglas; Lockheed; Fokker; and British Aerospace 
Regional Aircraft Limited, Avro International Aerospace Division 
(Formerly British Aerospace, plc; British Aerospace Commercial 
Aircraft, Limited): Docket 95-NM-55-AD. Supersedes AD 95-04-01, 
Amendment 39-9153; and AD 95-09-05, Amendment 39-9208.

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

------------------------------------------------------------------------
   Manufacturer and                                                     
  model of airplane       Type of computer           Part numbers       
------------------------------------------------------------------------
Boeing 727-100 and -   Standard Windshear     4061048-902, -903, and -  
 200.                   (Honeywell STC).       904, 4068054-901, 4068060-
                                               901.                     
Boeing 737-100 and -   Standard Windshear     4061048-903, -904, and -  
 200.                   (Honeywell STC).       905, 4068058-903.        
Boeing 737-200.......  Performance            4050730-904 through -911, 
                        Management             4051819-906.             
                        (Honeywell STC).                                
Boeing 737-300.......  Standard Windshear     4068060-901.              
                        (Honeywell STC).                                
Boeing 747-100 and -   Standard Windshear     4061048-904.              
 200.                   (Honeywell STC).                                
McDonnell Douglas DC-  Standard Windshear     4068046-903.              
 8-50, -60, and -70.    (Honeywell STC).                                
[[Page 31124]]
                                                                        
McDonnell Douglas DC-  Standard Windshear     4068046-901, -902, 4068048-
 9-10, -21, -31 -41,    (Honeywell STC).       901, -902.               
 and -51.                                                               
McDonnell Douglas DC-  Windshear (OEM TC)...  4059845-902.              
 9-80 and MD-88.                                                        
McDonnell Douglas MD-  Windshear (OEM TC)...  4059845-910.              
 90-30.                                                                 
McDonnell Douglas MD-  Flight Control (OEM    4059001-901 through -905  
 11.                    TC).                   (with windshear option   
                                               selected).               
Lockheed L-1011-385-   Standard Windshear     4068044-901.              
 1, -385-1-14, -385-1-  (OEM TC).                                       
 15, and -385-3.                                                        
Fokker F28 Mark 1000,  Standard Windshear     4068052-901.              
 2000, 3000, and 4000.  (Honeywell STC).                                
Fokker F28 Mark 0100.  Flight Management      4052502-951 (with         
                        (OEM TC).              windshear option         
                                               selected).               
British Aerospace      Flight Control (OEM    4068300-902.              
 Avro 146-RJ70A, -      TC).                                            
 RJ85A, and -RJ100A.                                                    
------------------------------------------------------------------------

  Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must use the authority 
provided in paragraph (d) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition; or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent significant delays in the Honeywell Standard 
Windshear Detection Systems (WSS) detecting hazardous windshear, 
which could lead to the loss of flight path control, accomplish the 
following:
    (a) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following statement, at the time 
specified in either paragraph (a)(1) or (a)(2) of this AD, as 
applicable. 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.''

    (1) For all Boeing, McDonnell Douglas, Lockheed, and Fokker 
airplanes specified in the applicability statement of this AD: 
Within 14 days after March 8, 1995 (the effective date of AD 95-04-
01, amendment 39-9153).
    (2) For British Aerospace Model Avro airplanes specified in the 
applicability statement of this AD: Within 14 days after May 15, 
1995 (the effective date of AD 95-09-05, amendment 39-9208).
    (b) Within 24 months after the effective date of this AD, 
replace the currently-installed line replaceable unit (LRU) with a 
modified LRU having new software that eliminates delays in the WSS 
detecting windshear when the flaps of the airplane are in 
transition, in accordance with a method approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane 
Directorate. Accomplishment of this replacement constitutes 
terminating action for the requirements of paragraph (a) of this AD; 
after the replacement has been accomplished, the AFM limitation 
required by paragraph (a) of this AD may be removed.
    (c) As of 12 months after the effective date of this AD, no 
person shall install on any airplane an LRU that has not been 
modified in accordance with paragraph (b) of this AD. An unmodified 
LRU may be installed up to 12 months after the effective date of 
this AD, provided that, during that time, the AFM limitation 
required by paragraph (a) of this AD remains in effect.
    (d) 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 Angeles ACO, FAA, Transport 
Airplane Directorate. Operators shall submit their requests through 
an appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (e) 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.

    Issued in Renton, Washington, on June 7, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-14402 Filed 6-12-95; 8:45 am]
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