[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