Rule2021-27409
Airworthiness Directives; Viking Aircraft Limited Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 20, 2021
Effective
January 24, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Viking Air Limited Model DHC-3 airplanes. This AD results from 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 identifies the unsafe condition as fatigue damage of the wing strut lug fitting components and the fuselage to wing strut attachment (tie-bar). This AD requires determining service life limits for the wing strut fitting on the main spar and for the tie-bar and following instructions for removal and replacement of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 241 (Monday, December 20, 2021)</title>
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[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Rules and Regulations]
[Pages 71815-71818]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27409]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0214; Project Identifier 2018-CE-064-AD; Amendment
39-21839; AD 2021-24-18]
RIN 2120-AA64
Airworthiness Directives; Viking Aircraft Limited Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Viking Air Limited Model DHC-3 airplanes. This AD results from
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 identifies the unsafe
condition as fatigue damage of the wing strut lug fitting components
and the fuselage to wing strut attachment (tie-bar). This AD requires
determining service life limits
[[Page 71816]]
for the wing strut fitting on the main spar and for the tie-bar and
following instructions for removal and replacement of affected parts.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective January 24, 2022.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 24,
2022.
ADDRESSES: For service information identified in this final rule,
contact Viking Air Limited Technical Support, 1959 De Havilland Way,
Sidney, British Columbia, Canada, V8L 5V5; phone: (North America) (800)
663-8444; fax: (250) 656-0673; email: <a href="/cdn-cgi/l/email-protection#344051575c5a5d5755581a474144445b464074425d5f5d5a53555d461a575b59"><span class="__cf_email__" data-cfemail="fb8f9e98939592989a97d5888e8b8b94898fbb8d929092959c9a9289d5989496">[email protected]</span></a>;
website: <a href="https://www.vikingair.com/support/service-bulletins">https://www.vikingair.com/support/service-bulletins</a>. You may
view this 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. It is also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0214.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0214; 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 final rule, the
MCAI, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aviation Safety Engineer,
New York ACO Branch, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone: (516) 287-7329; fax: (516) 794-5531; email:
<a href="/cdn-cgi/l/email-protection#7918031003571811141c1d391f1818571e160f"><span class="__cf_email__" data-cfemail="ceafb4a7b4e0afa6a3abaa8ea8afafe0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Viking Air Limited
Model DHC-3 airplanes. The NPRM published in the Federal Register on
June 28, 2021 (86 FR 33916). The NPRM was prompted by MCAI originated
by Transport Canada, which is the aviation authority for Canada.
Transport Canada has issued AD CF-2017-29, dated August 24, 2017
(referred to after this as ``the MCAI''), to correct an unsafe
condition for Viking Air Limited Model DHC-3 airplanes. The MCAI
states:
It has been determined that the current maintenance program does
not adequately address potential fatigue damage of the wing strut
lug fitting components or the fuselage to wing strut attachment (Tie
Bar). Affected parts must be replaced before specified air time
limits are reached to avoid fatigue cracking of the affected parts.
Cracking which is not detected may compromise the structural
integrity of the wing or the Tie-Bar.
Fatigue damage occurs more rapidly on aeroplanes that are
operated at higher gross weights. For that reason, the corrective
actions of this [Transport Canada] AD must be accomplished sooner
for aeroplanes that have been certified for operation at higher
gross weights.
Fatigue damage also occurs more rapidly on aeroplanes that are
operated below 2000 feet above ground level (AGL) over land due to
higher and more frequent gust and maneuvering loads. Low level
flights over water are not known to produce increased fatigue damage
on the DHC-3. For that reason, the corrective actions of this
[Transport Canada] AD must be accomplished sooner for aeroplanes
that have been operated at low altitudes over land.
This condition, if not addressed, could result in cracking and
failure of the structural integrity of the wing or the tie-bar.
You may examine the MCAI in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0214.
In the NPRM, the FAA proposed to require determining service life
limits for the wing strut fitting on the main spar and for the tie-bar
and following instructions for removal and replacement of affected
parts. The FAA is issuing this AD to address the unsafe condition on
these products.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from two commenters. The commenters were
Talkeetna Air Taxi Inc. (Talkeetna Air) and Rust's Flying Service/K2
Aviation (Rust's Flying Service). The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request Regarding Equivalent Air Time
Both commenters requested the FAA change the proposed method of
calculating equivalent air time by doubling the total hours on each
component. Talkeetna Air requested the FAA allow increased visual and
non-destructive testing inspections instead. Talkeetna Air and Rust's
Flying Service suggested the FAA allow operators to calculate by using
the formula and estimating the altitudes at which an airplane has
operated, as provided in the service information, instead of by
assuming all operations occur below 2,000 feet. Rust's Flying Service
stated it has data to verify the operating altitudes of its aircraft.
As the FAA explained in the NPRM, there is no regulatory
requirement for owners or operators to record or maintain the operating
altitude history of an airplane. As a result, this AD requires
calculating the compliance time by assuming all operations occurred
below 2,000 feet AGL (and therefore doubling the total hours). However,
operators may request approval to determine equivalent air time
differently as an alternative method of compliance under the provisions
of paragraph (g)(1) of this AD. The FAA did not change this AD based on
this comment.
Request Regarding Costs of Compliance
Talkeetna Air requested that the FAA adjust its estimated costs of
compliance. The commenter stated that the hourly rate and number of
estimated labor hours is too low for what would be required.
The FAA obtained the 300-hour labor time estimated in the NPRM from
Viking Air Limited DHC-3 Otter Service Bulletin Number V3/0008,
Revision NC, dated February 9, 2017. The FAA verified this number with
Viking Air Limited and confirmed it is valid.
The FAA Office of Aviation Policy and Plans provides the labor rate
of $85 per work-hour for the FAA to use when estimating the labor costs
of complying with AD requirements.
The FAA did not change this AD based on this comment.
Conclusion
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
referenced above. The FAA reviewed the relevant data, considered any
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on these products. This AD is adopted as proposed
in the NPRM.
[[Page 71817]]
Related Service Information Under 1 CFR Part 51
The FAA reviewed Viking DHC-3 Otter Service Bulletin Number V3/
0008, Revision NC, dated February 9, 2017. The service information
specifies determining service life limits for the wing strut fitting on
the main spar and for the tie-bar and contains instructions for removal
and replacement. The FAA also reviewed De Havilland Aircraft of Canada,
Limited DHC-3 Otter Service Bulletin Number 3/37, Revision B, dated
October 8, 1982. The service information specifies instructions for
removing and replacing the fuselage to wing strut attachment tie-bar.
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 ADDRESSES.
Differences Between This AD and the MCAI
The MCAI requires calculating the compliance time by using a
formula and estimating the altitudes at which an airplane has operated.
The MCAI also instructs operators to assume operations below 2,000 feet
AGL when the operating altitude of the airplane is unknown. Because the
FAA has no regulatory requirement for owners or operators to record or
maintain the operating altitude history of an airplane, this AD
requires calculating the compliance time by assuming all operations
occurred below 2,000 feel AGL.
Costs of Compliance
The FAA estimates that this AD affects 41 airplanes of U.S.
registry.
The FAA also estimates that it would take about 300 work-hours per
airplane to replace both the wing strut fitting and the tie-bar. The
average labor rate is $85 per work-hour. Required parts would cost
about $5,599 per airplane.
Based on these figures, the FAA estimates the cost of this AD on
U.S. operators to be $1,275,059 or $31,099 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
This AD will not have federalism implications under Executive Order
13132. This AD 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.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
2021-24-18 Viking Air Limited: Amendment 39-21839; Docket No. FAA-
2021-0214; Project Identifier 2018-CE-064-AD.
(a) Effective Date
This airworthiness directive (AD) is effective January 24, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Viking Air Limited Model DHC-3 airplanes, all
serial numbers, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 5700, Wing
Structure.
(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 fatigue damage
of the wing strut lug fitting components or the fuselage to wing
strut attachment (tie-bar). The FAA is issuing this AD to identify
and correct potential fatigue damage of the wing strut lug fitting
components of the fuselage to wing strut attachment. The unsafe
condition, if not addressed, could result in cracking and failure of
the structural integrity of the wing or the tie-bar.
(f) Actions and Compliance
Unless already done, do the following actions in paragraphs
(f)(1) through (3) of this AD:
(1) For all airplanes: Within 3 months after the effective date
of this AD, determine and record the number of equivalent air time
hours on each wing and tie-bar by doubling the total hours time-in-
service (TIS) accumulated on each part. If the total hours TIS of a
tie-bar is unknown or cannot be determined, use the total hours TIS
of the wing strut lug fitting on the main spar.
(2) For airplanes with a maximum certificated gross weight that
has never exceeded 8,000 pounds: Remove from service each left-hand
and right-hand wing strut fitting and tie-bar by following the
Accomplishment Instructions in Viking DHC-3 Otter SB V3/0008,
Revision NC, dated February 9, 2017, and the Replacement section of
the Accomplishment instructions in De Havilland Aircraft of Canada,
Limited DHC-3 Otter Service Bulletin Number 3/37, Revision B, dated
October 8, 1982, at whichever of the following compliance times that
occurs later:
(i) Before the part accumulates 40,000 equivalent air time
hours, or
(ii) Within 12 months after the effective date of this AD.
(3) For airplanes with a maximum certificated gross weight that
has ever exceeded 8,000 pounds: Remove from service each left-hand
and right-hand wing strut fitting and tie-bar by following the
Accomplishment Instructions in Viking DHC-3 Otter SB V3/0008,
Revision NC, dated February 9, 2017, and the Replacement section of
the Accomplishment instructions in De Havilland Aircraft of Canada,
Limited DHC-3 Otter Service Bulletin Number 3/37, Revision B, dated
October 8, 1982, at whichever of the following compliance times that
occurs later:
(i) Before the part accumulates 32,200 equivalent air time
hours, or
(ii) Within 12 months after the effective date of this AD.
(g) Alternative Methods of Compliance (AMOCs)
(1) The Manager, New York ACO Branch, FAA, has the authority to
approve AMOCs
[[Page 71818]]
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
ACO Branch, send it to the attention of the person identified in
paragraph (h)(1) of this AD.
(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.
(h) Related Information
(1) For more information about this AD, contact Aziz Ahmed,
Aviation Safety Engineer, New York ACO Branch, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone: (516) 287-7329; fax:
(516) 794-5531; email: <a href="/cdn-cgi/l/email-protection#1d7c677467337c757078795d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="74150e1d0e5a151c191110341215155a131b02">[email protected]</span></a>.
(2) Refer to Transport Canada AD CF-2017-29, dated August 24,
2017, for more information. You may examine the Transport Canada AD
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket
No. FAA-2021-0214.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Viking DHC-3 Otter Service Bulletin Number V3/0008, Revision
NC, dated February 9, 2017.
(ii) De Havilland Aircraft of Canada, Limited DHC-3 Otter
Service Bulletin Number 3/37, Revision B, dated October 8, 1982.
Note to paragraph (i)(2)(ii): Although De Havilland Aircraft of
Canada Limited DHC-3 Otter Service Bulletin Number 3/37, Revision B,
dated October 8, 1982, is at revision B, the footer on pages 3
through 6 shows revision ``A,'' dated May 14, 1982.
(3) For both Viking and De Havilland Aircraft of Canada, Limited
service information identified in this AD, contact Viking Air
Limited Technical Support, 1959 De Havilland Way, Sidney, British
Columbia, Canada, V8L 5V5; phone: (North America) (800) 663-8444;
fax: (250) 656-0673; email: <a href="/cdn-cgi/l/email-protection#c7b3a2a4afa9aea4a6abe9b4b2b7b7a8b5b387b1aeacaea9a0a6aeb5e9a4a8aa"><span class="__cf_email__" data-cfemail="abdfcec8c3c5c2c8cac785d8dedbdbc4d9dfebddc2c0c2c5cccac2d985c8c4c6">[email protected]</span></a>;
website: <a href="https://www.vikingair.com/support/service-bulletins">https://www.vikingair.com/support/service-bulletins</a>.
(4) You may view this service information at 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: <a href="/cdn-cgi/l/email-protection#5533277b3c3b26253036213c3a3b153b3427347b323a23"><span class="__cf_email__" data-cfemail="bfd9cd91d6d1cccfdadccbd6d0d1ffd1decdde91d8d0c9">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on November 19, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27409 Filed 12-17-21; 8:45 am]
BILLING CODE 4910-13-P
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