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:
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, 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:
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-2021-0714; Project Identifier
2019-CE-016-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, 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 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 adding the following new airworthiness
directive:
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