95-4123. 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-...  

  • [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
    
    

Document Information

Effective Date:
3/8/1995
Published:
02/21/1995
Department:
Transportation Department
Entry Type:
Rule
Action:
Final rule; request for comments.
Document Number:
95-4123
Dates:
Effective March 8, 1995.
Pages:
9619-9621 (3 pages)
Docket Numbers:
Docket No. 95-NM-11-AD, Amendment 39-9153, AD 95-04-01
PDF File:
95-4123.pdf
CFR: (1)
14 CFR 39.13