[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Proposed Rules]
[Pages 48067-48069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18386]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0714; Project Identifier 2019-CE-016-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 adopt a new airworthiness directive (AD) 
for all ASI Aviation (type certificate previously held by Reims 
Aviation S.A.) Model F406 airplanes. This proposed AD was prompted by 
mandatory continuing airworthiness information (MCAI) originated by an 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as failure of a circuit breaker (CB) switch. This proposed AD 
would require replacing certain CB switches and establishing a life 
limit for the CB switches. 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, 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-2021-0714; 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, AIR-732 International Validation Section FAA, 901 Locust, 
Room 301, Kansas City, MO 64106-2641; phone: (720) 626-5462; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

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-2021-0714; Project Identifier 
2019-CE-016-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of

[[Page 48068]]

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, AIR-732 International 
Validation Section FAA, 901 Locust, Room 301, Kansas City, MO 64106-
2641. 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 European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2019-0015, dated January 29, 2019 (referred to after this as ``the 
MCAI''), to address an unsafe condition on ASI Aviation (type 
certificate previously held by Reims Aviation S.A.) Model F406 
airplanes. The MCAI states:

    After the Federal Aviation Administration issued AD 2005-20-25, 
applicable to Cessna 400 series aeroplanes equipped with certain 
avionics bus CB switches, it was determined that, due to design 
commonality, one of the affected avionics bus CB switches, P/N [part 
number] CM3589-50, was also installed on Reims F 406 aeroplanes.
    This condition, if not corrected, could lead to smoke and/or 
burning smell in the cockpit, possibly resulting in reduced control 
of the aeroplane.
    To address that potential unsafe condition, RAI issued SB 
[service bulletin] F406-62 to provide instructions to remove certain 
switches from service. Consequently, EASA issued AD 2006-0134 to 
require identification of the date code of P/N CM3589-50 CB switches 
and, depending on findings, replacement with improved design CB 
switches, P/N 4061-2400-1. That [EASA] AD also imposed a life limit 
on the affected CB switches P/N CM3589-50.
    Since that [EASA] AD was issued, in-service occurrences of smoke 
and burning smell in the cockpit have been reported on F 406 
aeroplanes. Technical investigations revealed that these were due to 
failure of CB switches P/N CM3589-20, which are used to control the 
propeller de-icing circuit. Prompted by these events, ASI Aviation 
issued the applicable SB (as defined in this [EASA] AD) to provide 
instructions to replace the affected parts with serviceable parts.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2006-0134, which is superseded, expands the 
range of affected parts, and requires replacement of P/N CM3589-20 
CB switches with improved design CB switches P/N 406E2450-00000-100. 
This [EASA] AD also replaces the previous life limit, 1 000 flight 
hours (FH) for certain P/N CM3589-50 CB switches, with a 6 year 
calendar time life limit, and also imposes that limit on the 
improved design CB switches.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0714.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed ASI Aviation Service Bulletin No. F406-62, 
Revision 01, dated December 14, 2018, which specifies inspecting the CB 
switches to determine the date code, replacing CB switches with certain 
date codes, and establishing a life limit of 6 years for the new CB 
switches. The FAA also reviewed ASI Aviation Service Bulletin No. F406-
90, dated December 14, 2018, which specifies replacing the CB switches 
and establishing a life limit of 6 years for the new CB switches. 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

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except as discussed under 
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI allows installation of an affected CB switch until the 
airplane is modified. This proposed AD would prohibit installation of 
an affected CB switch as of the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 4 airplanes of U.S. registry.
    The FAA also estimates that it would take about 5 work-hours per 
airplane to comply with the inspection required by this proposed AD. 
The average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the inspection cost of 
this proposed AD on U.S. operators to be $1,700 or $425 per airplane.
    In addition, the FAA estimates that each replacement required by 
this proposed AD would take about 1 work-hour and require parts costing 
$350. Based on these figures, the FAA estimates the replacement cost of 
this proposed AD on U.S. operators to be $435 per airplane.

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

[[Page 48069]]

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 adding the following new airworthiness 
directive:

ASI Aviation (Type Certificate Previously Held by Reims Aviation 
S.A.): Docket No. FAA-2021-0714; Project Identifier 2019-CE-016-AD.

(a) Comments Due Date

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

(b) Affected ADs

    None.

(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 2400, Electrical 
Power System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as failure of a 
circuit breaker (CB) switch. The FAA is issuing this AD to prevent 
smoke and burning smell in the cockpit caused by failure of CB 
switches. The unsafe condition, if not addressed, could result in 
reduced controllability of the airplane.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Within 200 hours time-in-service (TIS) or within 12 months, 
whichever occurs first after the effective date of this AD, prepare 
the airplane and gain access in accordance with steps 1 through 7 of 
the Accomplishment Instructions in ASI Aviation Service Bulletin No. 
F406-62, Revision 01, dated December 14, 2018 (SB F406-62R1), and 
inspect each avionics bus CB switch part number (P/N) CM3589-50 to 
identify the date code.
    (1) If a CB switch does not have a date code, before further 
flight, remove the CB switch from service and install CB switch P/N 
4061-2400-1 in accordance with steps 9 through 14 of the 
Accomplishment Instructions in SB F406-62R1.
    (2) If a CB switch has a date code earlier than 0434, before the 
CB switch exceeds 1,000 hours TIS since first installation on an 
airplane, remove the CB switch from service and install CB switch P/
N 4061-2400-1 in accordance with steps 9 through 14 of the 
Accomplishment Instructions in SB F406-62R1.
    (3) If a CB switch has a date code 0434 or later, before the CB 
switch exceeds 6 years since first installation on an airplane or 
within 12 months after the effective date of this AD, whichever 
occurs later, remove the CB switch from service and install CB 
switch P/N 4061-2400-1 in accordance with steps 9 through 14 of the 
Accomplishment Instructions in SB F406-62R1.

(h) Replacements

    Within 200 hours TIS or within 12 months, whichever occurs first 
after the effective date of this AD, remove each CB switch P/N 
CM3589-20 from service, re-identify the CB panel, and install CB 
switches with P/N 406E2450-00000-100 in accordance with Part 1, 
steps 1 through 13, of the Accomplishment Instructions in ASI 
Aviation Service Bulletin No. F406-90, dated December 14, 2018 (SB 
F406-90).

(i) Life Limit

    Before exceeding 6 years since first installation on an airplane 
and thereafter at intervals not to exceed 6 years, remove each CB 
switch P/N 4061-2400-1 and P/N 406E2450-00000-100 from service and 
replace it in accordance with steps 9 through 14 of the 
Accomplishment Instructions in SB F406-62R1 or Part 1, steps 1 
through 13, of the Accomplishment Instructions in SB F406-90, as 
applicable.

(j) Parts Installation Prohibition

    As of the effective date of this AD, do not install a CB switch 
P/N CM3589-50 or P/N CM3589-20 on any airplane.

(k) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g) of 
this AD if you performed those actions before the effective date of 
this AD using Reims Aviation Industries Service Bulletin No. F406-
62, dated March 8, 2006.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, General Aviation & Rotorcraft Section (AIR-
732), 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.

(m) Related Information

    (1) For more information about this AD, contact Gregory Johnson, 
Aviation Safety Engineer, AIR-732 International Validation Section 
FAA, 901 Locust, Room 301, Kansas City, MO 64106-2641; phone: (720) 
626-5462; email: [email protected].
    (2) Refer to European Aviation Safety Agency (EASA) AD 2019-
0015, 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-2021-0714.
    (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 referenced service information at 
the FAA, Airworthiness Products Section, Operational Safety Branch, 
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. 2021-18386 Filed 8-26-21; 8:45 am]
BILLING CODE 4910-13-P