The Civil Aviation Administration of Israel (CAAI), which is the airworthiness authority for Israel, notified the FAA that an unsafe condition may exist on certain Israel Aircraft Industries, Ltd., Model Astra SPX and 1125 Westwind Astra series airplanes. The CAAI advises that fatigue cracking has been found on drag braces with part numbers 25W272003-501 through 25W272003-507 inclusive installed on the nose landing gear. This condition, if not corrected, could result in failure of the nose landing gear.
Explanation of Relevant Service Information
Israel Aircraft Industries has issued Astra Alert Service Bulletin 1125-32A-095, dated December 4, 2000. The service bulletin describes procedures for one-time detailed visual and eddy current inspections for cracking of the upper radius of the drag brace on the nose landing gear, and replacement of the drag brace, if necessary. The area to be inspected is the fillet between the trunnion axis and the body ofthe drag brace. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. The CAAI classified this service bulletin as mandatory and issued Israeli airworthiness directive 32-00-12-14, dated July 1, 2001, in order to assure the continued airworthiness of these airplanes in Israel.
The Israeli airworthiness directive notes that the drag brace on the nose landing gear is subject to repetitive detailed visual and eddy current inspections per Chapters 5 and 32 of the Astra Maintenance Manual, including Temporary Revision 32-7, dated November 28, 2000, or a later revision. Such inspections are intended to ensure that any cracking is detected in a timely manner.
FAA's Determination
Investigation of a nose landing gear overhaul facility has led to the conclusion that a procedural and inspection fault could result due to previous installation of a drag brace that could be cracked. To ensure that such drag braces were not installed, we are requiring an inspection of the drag brace within 25 flight hours after the effective date of this AD, unless accomplished within the last 250 flight hours before the effective date of this AD.
FAA's Conclusions
These airplane models are manufactured in Israel and are 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. Pursuant to this bilateral airworthiness agreement, the CAAI has kept the FAA informed of the situation described above. The FAA has examined the findings of the CAAI, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the sametype design registered in the United States, this AD is being issued to prevent failure of the nose landing gear. This AD requires accomplishment of the actions specified in the service bulletin described previously, except as discussed below.
Difference Between This AD, the Service Bulletin, and the Foreign AD
While the effectivity statement of the service bulletin includes only Model 1125 Astra series airplanes with serial numbers 004 through 039 inclusive, the foreign airworthiness directive states that any Model 1125 Astra and Astra SPX series airplane with a serial number higher than 039 on which the nose landing gear or the drag brace of the nose landing gear has been replaced must be checked to determine whether it is subject to this AD. Based on this recommendation in the foreign airworthiness directive and our examination of the findings of the CAAI, this AD requires inspection of all Model Astra SPX and 1125 Westwind Astra series airplanes with a drag brace having part numbers 25W272003-501 through 25W272003-507 inclusive installed on the nose landing gear.
Determination of Rule's Effective Date
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.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues.
For each issue, state what specific change to the AD is being requested.
Include justification (e.g., reasons or data) for each request.
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 eachFAA-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 2001-NM-261-AD." The postcard will be date-stamped and returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have a substantial direct effect 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, it is determined that this final rule does not have federalism implications under Executive Order 13132.
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, Incorporation by reference, 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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: