[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Proposed Rules]
[Pages 48083-48086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18384]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0712; Project Identifier 2019-CE-018-AD]
RIN 2120-AA64


Airworthiness Directives; ASI Aviation (Type Certificate 
Previously Held by Reims Aviation S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2015-16-07 R1, which applies to certain Reims Aviation S.A. (type 
certificate now held by ASI Aviation) Model F406 airplanes. AD 2015-16-
07 R1 requires inspecting the left-hand and right-hand rudder control 
pedal torque tubes and replacing with a serviceable part as necessary. 
Since the FAA issued AD 2015-16-07 R1, the European Aviation Safety 
Agency (EASA) superseded its mandatory continuing airworthiness 
information (MCAI) to correct an unsafe condition on these products. 
This proposed AD would retain the requirements of AD 2015-16-07 R1, 
expand the applicability, and require repeating the inspections using 
updated procedures. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 12, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12 140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact ASI 
Aviation, A[eacute]rodrome de Reims Prunay, 51360 Prunay, France; 
telephone: +33 3 26 48 46 84; fax: +33 3 26 49 18 57; email: 
[email protected]; website: https://asi-aviation.fr/page-Accueil.html. You may view this service information at the 
Airworthiness Products Section, Operational Safety Branch, FAA, 901 
Locust, Kansas City, MO 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0712; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Aviation Safety 
Engineer, FAA, General Aviation & Rotorcraft Section, International 
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: 
(720) 626-5462; fax: (816) 329-4090; email: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 48084]]

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0712; Project Identifier 
2019-CE-018-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Gregory Johnson, Aviation Safety Engineer, FAA, General Aviation & 
Rotorcraft Section, International Validation Branch, 901 Locust, Room 
301, Kansas City, MO 64106. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    The FAA issued AD 2015-16-07 R1, Amendment 39-18328 (80 FR 72563, 
November 20, 2015) (AD 2015-16-07 R1), for certain serial-numbered 
Reims Aviation S.A. (type certificate now held by ASI Aviation) Model 
F406 airplanes. AD 2015-16-07 R1 was prompted by MCAI originated by 
EASA, which is the Technical Agent for the Member States of the 
European Union. EASA issued EASA AD 2015-0159R1, dated August 24, 2015, 
to identify and correct an unsafe condition identified as detachment of 
the pilot's rudder control pedal in flight.
    AD 2015-16-07 R1 requires inspecting the left-hand and right-hand 
rudder control pedal torque tubes and replacing with a serviceable part 
as necessary. The FAA issued AD 2015-16-07 R1 to detect and correct 
cracking of the pilot rudder control pedal which, if not corrected, 
could result in detachment of the pedal with possible loss of airplane 
directional control. AD 2015-16-07 R1 revised AD 2015-16-07, Amendment 
39-18232 (80 FR 49127, August 17, 2015) (AD 2015-16-07), by adding an 
option for acceptable serviceable replacement parts. AD 2015-16-07 R1 
retained the compliance times required by AD 2015-16-07.

Actions Since AD 2015-16-07 R1 Was Issued

    Since the FAA issued AD 2015-16-07 R1, EASA superseded EASA AD 
2015-0159R1, dated August 24, 2015, and issued EASA AD 2019-0016, dated 
January 29, 2019 (referred to after this as ``the MCAI''). The MCAI 
states:

    An occurrence was reported where one pilot rudder control pedal 
of an F 406 aeroplane detached in flight. No change in aeroplane 
attitude occurred. The rudder was controlled using the co-pilot 
rudder pedals, and an uneventful landing was made. Investigation 
results determined that the affected rudder pedal torque tube had 
failed due to a crack.
    This condition, if not detected and corrected, could lead to 
further cases of rudder pedal torque tube failure, possibly 
resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, ASI Aviation issued 
SB [service bulletin] F406-104 to provide inspection instructions. 
Consequently, EASA issued Emergency AD 2015-0159-E (later revised) 
to require a one-time inspection of the rudder control pedal torque 
tubes, both left-hand (LH) and right-hand (RH), and, depending on 
findings, replacement with a serviceable part. That [EASA] AD also 
required inspection of replacement rudder control pedal torque tubes 
before installation.
    Since EASA AD 2015-0159R1 was issued, further occurrences were 
reported of finding cracks on rudder pedal torque tubes. 
Consequently, ASI Aviation issued the SB (as defined in this [EASA] 
AD) to provide instructions for repetitive visual, dye- or 
fluorescent-penetrant, and magnetic particle inspections.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2015-0159R1, which is superseded, and 
requires implementation of repetitive inspections of the affected 
parts and, depending on findings, replacement.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0712.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed ASI Aviation Service Bulletin No. F406-104, 
Revision 1, dated December 14, 2018. The service information specifies 
procedures for repetitively inspecting the left-hand and right-hand 
rudder control pedal torque tubes for cracks and replacing with a 
serviceable part.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2015-16-07 R1, 
expand the applicability, and require repetitive inspections (using 
improved procedures) of the left-hand and right-hand rudder control 
pedal torque tubes, and, depending on findings, replacement with a 
serviceable part.

Differences Between This Proposed AD and the MCAI

    The MCAI specifies an initial compliance time of during the next 
600 flight hour (FH) maintenance check for a visual and a dye or 
fluorescent penetrant inspection. This proposed AD would require those 
initial inspections before further flight.
    The MCAI specifies an initial compliance time of during the next 
2,400 FH maintenance check for a magnetic particle inspection. This 
proposed AD would require that initial inspection within 100 hours 
time-in-service after the effective date of this AD.
    If a crack is detected during any inspection, the MCAI specifies 
contacting ASI Aviation for further information. This proposed AD would

[[Page 48085]]

require replacing the rudder control pedal torque tube with a 
serviceable part.

Costs of Compliance

    The FAA estimates that this proposed AD, if adopted as proposed, 
would affect 4 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                                                                                                Cost on U.S.
            Action                   Labor cost         Parts cost      Cost per airplane         operators
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Inspections...................  5 work-hours x $85                $0  $425 per inspection   $1,700 per
                                 per hour = $425 per                   cycle.                inspection cycle.
                                 inspection cycle.
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    The FAA estimates the following costs to replace a rudder control 
pedal torque tube if required by the results of the proposed 
inspections. The FAA has no way of determining the number of airplanes 
that might need these replacements:

                                               On-Condition Costs
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                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost       airplane
----------------------------------------------------------------------------------------------------------------
Replacement.................................  20 work-hours x $85 per hour =              $9,100         $10,800
                                               $1,700.
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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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2015-16-07 R1, Amendment 39-18328 
(80 FR 72563, November 20, 2015); and
0
b. Adding the following new airworthiness directive:

ASI Aviation (Type Certificate Previously Held by Reims Aviation 
S.A.): Docket No. FAA-2021-0712; Project Identifier 2019-CE-018-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 12, 2021.

(b) Affected ADs

    This AD replaces AD 2015-16-07 R1, Amendment 39-18328 (80 FR 
72563, November 20, 2015) (AD 2015-16-07 R1).

(c) Applicability

    This AD applies to ASI Aviation (type certificate previously 
held by Reims Aviation S.A.) Model F406 airplanes, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2700, Flight Control 
System.

(e) Unsafe Condition

    This AD was prompted by reports of detachment of the pilot's 
rudder control pedal in flight. The FAA is issuing this AD to detect 
and correct cracking of the pilot's rudder control pedal. The unsafe 
condition, if not addressed, could result in detachment of the pedal 
with possible loss of airplane directional control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definition

    For the purpose of this AD, a serviceable part is:
    (1) A rudder control pedal torque tube (left-hand (LH) part 
number (P/N) 5115260-1 or right hand (RH) P/N 5115260-2) that has 
had a magnetic particle inspection by following the instructions of 
Part B of ASI Aviation Service Bulletin No. F406-104, Revision 1, 
dated December 14, 2018, and no cracks were found; or
    (2) A new rudder control pedal torque tube (LH P/N 5115260-1 or 
RH P/N 5115260-2) that has never been installed on an airplane.

(h) Repetitive Inspections and Corrective Actions

    (1) Before further flight after the effective date of this AD, 
and thereafter at intervals not to exceed 600 hours time-in-service 
(TIS), do a visual inspection and a dye or fluorescent penetrant 
inspection for cracks of the LH and RH rudder control pedal torque 
tubes by

[[Page 48086]]

following the Accomplishment Instructions, Part A or Part AA, in ASI 
Aviation Service Bulletin No. F406-104, Revision 1, dated December 
14, 2018.
    (2) Within 100 hours TIS after the effective date of this AD, 
and thereafter at intervals not to exceed 2,400 hours TIS, do a 
magnetic particle inspection for cracks of the LH and RH rudder 
control pedal torque tubes by following the Accomplishment 
Instructions, Part B, in ASI Aviation Service Bulletin No. F406-104, 
Revision 1, dated December 14, 2018.
    (3) If, during any inspection required by paragraph (h)(1) or 
(2) of this AD, any crack is detected on a rudder control pedal 
torque tube, you are not required to contact ASI Aviation as 
specified in steps A.16, AA.5, and B.4 of ASI Aviation Service 
Bulletin No. F406-104, Revision 1, dated December 14, 2018. Instead, 
before further flight, replace the rudder control pedal torque tube 
with a serviceable part as defined by this AD.

(i) Installation Limitation

    As of the effective date of this AD, do not install a rudder 
control pedal torque tube P/N 5115260-1 (LH) or P/N 5115260-2 (RH) 
on any airplane unless it is a serviceable part as defined by this 
AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in Related Information or email: 
[email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Related Information

    (1) For more information about this AD, contact Gregory Johnson, 
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, 
Kansas City, MO 64106; phone: (720) 626-5462; fax: (816) 329-4090; 
email: [email protected].
    (2) Refer to European Aviation Safety Agency (EASA) AD 2019-
0016, dated January 29, 2019, for more information. You may examine 
the EASA AD in the AD docket at https://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2021-0712.
    (3) For service information identified in this AD, contact ASI 
Aviation, A[eacute]rodrome de Reims Prunay, 51360 Prunay, France; 
telephone: +33 3 26 48 46 84; fax: +33 3 26 49 18 57; email: 
[email protected]; website: https://asi-aviation.fr/page-Accueil.html. You may view this service information at the 
Airworthiness Products Section, Operational Safety Branch, FAA, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (816) 329-4148.

    Issued on August 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-18384 Filed 8-26-21; 8:45 am]
BILLING CODE 4910-13-P