Discussion
The Civil Aviation Administration of Israel (CAAI), which is the airworthiness authority for Israel, notified us that an unsafe condition may exist on all Israel Aircraft Industries, Ltd., Model 1124 and 1124A airplanes. The CAAI advises that reports have been received of fire and smoke in the passenger cabins due to chafing between electrical bundles and the adjacent structure in the hinge area of the overhead circuit breaker panel. This condition, if not corrected, could result in a short circuit and consequent fire and smoke in the airplane.
Relevant Service Information
Israel Aircraft Industries has issued 1124 Westwind Alert Service Bulletin (ASB) 1124-24A-154, dated March 22, 2004. The ASB describes procedures for a one-time visual inspection for chafing of the electrical bundles in the overhead circuit breaker panel, and for adequate clearance between the fuselage frame and the "No Smoking-- Fasten Seat Belt" sign; and repair and rework if necessary. The ASB also describes certain preventive actions including installing spiral wrap, insulated self-bondable tape, and a Teflon sheet at fuselage station 83.78. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The CAAI approved the ASB and issued Israeli Airworthiness Directive 24-05- 02-32, dated March 15, 2005, to ensure the continued airworthiness of these airplanes in Israel.
FAA's Determination and Requirements of This AD
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. We have examined the CAAI's findings, evaluated all pertinent information, and determinedthat we need to issue an AD for products of this type design that are certificated for operation in the United States.
Therefore, we are issuing this AD to prevent chafing of the electrical bundles in the overhead circuit breaker panel, which could result in a short circuit and consequent fire and smoke in the airplane. This AD requires accomplishing the actions specified in the service information described previously, except as discussed under "Differences Between the AD and the Israeli airworthiness directive."
Clarification of Inspection
Although the Israeli airworthiness directive and the ASB specify performing certain "inspections," this AD specifies performing "general visual inspections." For the purposes of this AD, Note 1 provides the definition of "general visual inspections."
Difference Between the AD and the Israeli Airworthiness Directive
Although the Israeli airworthiness directive specifies a compliance time of "within 50 flight hours," this AD specifies a compliance time of "within 60 days." We have determined that, based on the fleet's average utilization rate, a 60-day compliance time is appropriate, in that it will allow more time to comply for airplanes with a relatively higher utilization rate without compromising safety. We have coordinated this difference with the CAAI.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include "Docket No. FAA-2005- 22306; Directorate Identifier 2005-NM-169-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647- 5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, "General requirements." Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices,methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism implications under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify that the 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. 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.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):