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Agency (EASA) superseded its mandatory continuing airworthiness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:
contact@asi-aviation.fr; 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: gregory.johnson@faa.gov.

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-2021-0712; 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
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

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

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

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 FAA amends Sec. 39.13 by:

a. Removing Airworthiness Directive 2015-16-07 R1, Amendment 39-18328
(80 FR 72563, November 20, 2015); and

b. Adding the following new airworthiness directive: