[Federal Register Volume 60, Number 82 (Friday, April 28, 1995)]
[Rules and Regulations]
[Pages 20887-20889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10319]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-69-AD; Amendment 39-9208; AD 95-09-05]
Airworthiness Directives; British Aerospace Model Avro 146-RJ
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 British Aerospace Model Avro 146-RJ series
airplanes. This action requires a revision to the FAA-approved Airplane
Flight Manual (AFM) to alert the flightcrew of the potential for
significant delays in the Honeywell Standard Windshear Detection and
Recovery Guidance System (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 approach. The actions specified in this AD 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.
DATES: Effective on May 15, 1995.
Comments for inclusion in the Rules Docket must be received on or
before June 27, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-69-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The information concerning this amendment may be obtained from or
examined at 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.
FOR FURTHER INFORMATION CONTACT: Kirk Baker, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood, California
90712-4137; telephone (310) 627-5345; fax (310) 627-5210.
SUPPLEMENTARY INFORMATION: Recently, the FAA received a report of an
accident during which the flightcrew executed a missed approach
following an instrument landing system (ILS) approach. A McDonnell
Douglas Model DC-9-31 series airplane equipped with Honeywell Windshear
Detection and Recovery Guidance 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 the detection of windshear when the airplane's flaps were in
transition. This condition, if not corrected, could result in the
flightcrew being unaware of the potential for significant delays in the
WSS detecting windshear when the flaps of the airplane are in
transition.
On February 14, 1995, the FAA issued AD 95-04-01, amendment 39-9153
(60 FR 9619, February 21, 1995), applicable to various transport
category airplanes equipped with a Honeywell Standard Windshear
Detection and Recovery Guidance System (WSS). That AD requires 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. The actions
required by that AD are intended to prevent the flightcrew from failing
to realize that the WSS does not detect windshear in a timely manner
when the flaps of the airplane are in transition, [[Page 20888]] which
could result in loss of control of the airplane.
Since the issuance of that AD, the FAA has identified three
additional U.S.-registered airplanes that are equipped with Honeywell
WSS and, therefore, subject to the same unsafe condition addressed by
AD 95-04-01. The additional airplanes are all Model Avro 146-RJ series
airplanes, manufactured by British Aerospace.
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. The FAA
has determined that AD action is necessary for products of this type
design that are certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to ensure that the
flightcrew of Model Avro 146-RJ series airplanes 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 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.
This is considered to be interim action. Once a modification is
developed, approved, and available, the FAA may consider additional
rulemaking.
Note: The FAA's normal policy is that when an AD requires a
substantive change, such as a change (expansion) in its
applicability, the ``old'' AD is superseded by removing it from the
system and a new AD is added. In the case of this AD action, the FAA
normally would have superseded AD 95-04-01 to expand its
applicability to include the 3 additional affected airplanes.
However, in reconsideration of the entire fleet size that would be
affected by a supersedure action (approximately 3,000 U.S.
registered airplanes), and the consequent workload associated with
revising maintenance record entries, the FAA has determined that a
less burdensome approach is to issue a separate AD applicable only
to these 3 additional airplanes. Operators should note that this AD
does not supersede AD 95-04-01; airplanes listed in the
applicability of AD 95-04-01 are required to continue to comply with
the requirements of that AD. This AD is a separate AD action, and is
applicable only to Model Avro 146-RJ series airplanes equipped with
Honeywell WSS having part number 4048300-902.
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-69-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:
95-09-05 British Aerospace Regional Aircraft Limited, Avro
International Aerospace Division (Formerly British Aerospace, plc;
British Aerospace Commercial Aircraft Limited): Amendment 39-9208.
Docket 95-NM-69-AD.
Applicability: Model Avro 146-RJ70A, -RJ85A, and -RJ100A
airplanes; equipped with Honeywell Standard Windshear Detection and
Recovery Guidance System (WSS), part number 4048300-902;
certificated in any category.
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 [[Page 20889]] 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 Angeles 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 May 15, 1995.
Issued in Renton, Washington, on April 21, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-10319 Filed 4-27-95; 8:45 am]
BILLING CODE 4910-13-U
