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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. 2000-NM-364-AD; Amendment 39-11985; AD 2000-23-13]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration, DOT.
 ACTION: Final rule; request for comments.
 SUMMARY: This amendment adopts a new airworthiness directive (AD) that is applicable to all Israel Aircraft Industries, Ltd., Model 1121, 1121A, 1121B, 1123, 1124, and 1124A series airplanes. This action requires a one-time inspection, and corrective action if necessary, to ensure the proper installation of the tie rod through the dust shield and both jackscrew assemblies on the horizontal stabilizer trim actuator. This action is necessary to prevent jamming or disconnection of the horizontal stabilizer trim actuator, which could result in reduced pitch control of the airplane. This action is intended to address the identified unsafe condition.
 DATES: Effective December 4, 2000. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 4, 2000. Comments for inclusion in the Rules Docket must be received on or before December 18, 2000.
 ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-364-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. Comments may be submitted via fax to (425) 227-1232. Comments may also be sent via the Internet using the following address: 9-anm-iarcomment@faa.gov. Comments sent via fax or the Internet must contain “Docket No. 2000-NM-364-AD” in the subject line and need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must be formatted in Microsoft Word 97 for Windows or ASCII text. The service information referenced in this AD may be obtained from Galaxy Aerospace Corporation, One Galaxy Way, Fort Worth Alliance Airport, Fort Worth, Texas 76177. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
 FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, International Branch, ANM-116, FAA, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-2141; fax (425) 227-1149.


SUPPLEMENTARY INFORMATION: The Civil Aviation Administration of Israel (CAAI), which is the airworthiness authority for Israel, recently notified the FAA that an unsafe condition may exist on all Israel Aircraft Industries, Ltd., Model 1121, 1121A, 1121B, 1123, 1124, and 1124A series airplanes. The CAAI advises that the horizontal stabilizer trim actuator can jam or disconnect due to incorrect installation, maintenance, or inspection. The CAAI reports one case of incorrect installation of the trim actuator tie rod and dust shield, which may have caused an accident. Jamming or disconnection of the actuator, if not corrected, could result in reduced pitch control of the airplane. Explanation of Relevant Service Information Israel Aircraft Industries, Ltd., has issued the following alert service bulletins: 
                    ( print page 69440) Service bulletin
Date
Model1121 Commodore Jet Alert Service Bulletin 1121-27A-028
August 28, 2000
1121 JET COMMANDER.1123 Westwind Alert Service Bulletin 1123-27A-053
August 28, 2000
1123 WESTWIND.1124 Westwind Alert Service Bulletin 1124-27A-147
August 28, 2000
1124 and 1124A WESTWIND.
 These alert service bulletins describe procedures for a one-time visual inspection to determine whether the tie rod is installed correctly through the dust shield and both jackscrew assemblies on the horizontal stabilizer trim actuator. The inspection includes measuring the distance between the bottom of the dust shield and the housing of the horizontal stabilizer actuator. The CAAI classified these service bulletins as mandatory and issued Israeli airworthiness directive 27-00-09-01, dated September 24, 2000, to ensure the continued airworthiness of these airplanes in Israel. 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 same type design registered in the United States, this AD is being issued to prevent jamming or disconnection of the horizontal stabilizer trim actuator, which could result in reduced pitch control of the airplane. This AD requires accomplishment of the actions specified in the service bulletins described previously, except as discussed below. Difference Between AD and Relevant Service Information Operators should note that, although the alert service bulletins specify that the manufacturer may be contacted for disposition of certain repair conditions, this AD requires the repair of those conditions to be accomplished in accordance with a method approved by the FAA or the CAAI. In light of the type of repair that would be required to address the identified unsafe condition, and in consonance with existing bilateral airworthiness agreements, the FAA has determined that, for this AD, a repair approved by either the FAA or the CAAI would be acceptable for compliance with this AD. 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 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 No. 2000-NM-364-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. § 39.13
  2. Section 39.13 is amended by adding the following new airworthiness directive: **2000-23-13 Israel Aircraft Industries, LTD.:**
                                 Amendment 39-11985. Docket 2000-NM-364-AD. *Applicability:*
                                 All Model 1121, 1121A, 1121B, 1123, 1124, and 1124A series airplanes; certificated in any category. 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 request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. *Compliance:*
                                 Required as indicated, unless accomplished previously. To prevent jamming or disconnection of the horizontal stabilizer trim actuator, which could result in reduced pitch control of the airplane, accomplish the following: Inspection (a) Within 25 flight hours after the effective date of this AD: Perform a detailed visual inspection to determine whether the tie rod is installed correctly through the dust shield and both jackscrew assemblies of the horizontal stabilizer trim actuator. Do the inspection per Israel Aircraft Industries Alert Service Bulletins 1121-27A-028 (for 1121 JET COMMANDER series airplanes), 1123-27A-053 (for 1123 WESTWIND series airplanes), or 1124-27A-147 (for 1124 and 1124A WESTWIND series airplanes); all dated August 28, 2000; as applicable. Note 2: For the purposes of this AD, a detailed visual inspection is defined as: “An intensive visual examination of a specific structural area, system, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at intensity deemed appropriate by the inspector. Inspection aids such as mirror, magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures may be required.” (1) If both the tie rod and the dust shield are correctly assembled: No further action is required by this AD. (2) If either the tie rod or the dust shield is not correctly assembled: Prior to further flight, accomplish the actions specified by either paragraph (a)(2)(i) or (a)(2)(ii). (i) Replace the horizontal stabilizer trim actuator with a serviceable part in accordance with the airplane maintenance manual. Or (ii) Repair the horizontal stabilizer trim actuator in accordance with a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the Civil Aviation Administration of Israel (CAAI) (or its delegated agent). For a repair method to be approved by the Manager, International Branch, ANM-116, as required by this paragraph, the Manager's approval letter must specifically reference this AD. Spares (b) As of the effective date of this AD, no person shall install a horizontal stabilizer trim actuator on any airplane, unless the actuator has been inspected and all applicable corrective actions have been performed in accordance with the requirements of this AD. Alternative Methods of Compliance (c) 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, International Branch, ANM-116. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116. Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116. Special Flight Permits (d) 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. Incorporation by Reference (e) Except as provided by paragraphs (a)(2)(i) and (a)(2)(ii) of this AD: The actions shall be done in accordance with the following alert service bulletins: Service bulletin
Date1121 Commodore Jet Alert Service Bulletin 1121-27A-028
August 28, 2000.1123 Westwind Alert Service Bulletin 1123-27A-053
August 28, 2000.1124 Westwind Alert Service Bulletin 1124-27A-147
August 28, 2000.
 This incorporation by reference was approved by the Director of the 
                                **Federal Register**
                                 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Galaxy Aerospace Corporation, One Galaxy Way, Fort Worth Alliance Airport, Fort Worth, Texas 76177. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Note 4: The subject of this AD is addressed in Israeli airworthiness directive 27-00-09-01, dated September 24, 2000. Effective Date (f) This amendment becomes effective on December 4, 2000.
 Issued in Renton, Washington, on November 7, 2000. Donald L. Riggin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.


[FR Doc. 00-29078 Filed 11-16-00; 8:45 am] BILLING CODE 4910-13-U