[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):
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Manufacturer and
model of airplane Type of computer Part numbers
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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.
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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]
BILLING CODE 4910-13-U
