Proposed Rule2022-02547
Airworthiness Directives; Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland, Inc.) 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
February 8, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for Viking Air Limited (Viking) (type certificate previously held by Bombardier Inc. and de Havilland, Inc.) Model DHC-3 airplanes. This proposed 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 describes the unsafe condition as corrosion, wear, and fatigue- related degradation in aging aircraft. This proposed AD would require establishing a corrosion prevention and control program to identify and correct corrosion and cracking. This proposed AD would also require completing all of the initial tasks identified in the program and reporting corrosion findings to Viking. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 26 (Tuesday, February 8, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Proposed Rules]
[Pages 7059-7062]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02547]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1076; Project Identifier MCAI-2020-01201-A]
RIN 2120-AA64
Airworthiness Directives; Viking Air Limited (Type Certificate
Previously Held by Bombardier Inc. and de Havilland, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Viking Air Limited (Viking) (type certificate previously held by
Bombardier Inc. and de Havilland, Inc.) Model DHC-3 airplanes. This
proposed 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 describes the unsafe condition as corrosion, wear, and fatigue-
related degradation in aging aircraft. This proposed AD would require
establishing a corrosion prevention and control program to identify and
correct corrosion and cracking. This proposed AD would also require
completing all of the initial tasks identified in the program and
reporting corrosion findings to Viking. 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 March 25,
2022.
ADDRESSES: You may send comments by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed 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#453120262d2b2c2624296b363035352a373105332c2e2c2b22242c376b262a28"><span class="__cf_email__" data-cfemail="cbbfaea8a3a5a2a8aaa7e5b8bebbbba4b9bf8bbda2a0a2a5acaaa2b9e5a8a4a6">[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
(817) 222-5110.
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-2020-1076; 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: Deep Gaurav, Aviation Safety Engineer,
New York ACO Branch, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone: (516) 228-7300; email: <a href="/cdn-cgi/l/email-protection#b5d1d0d0c59bd2d4c0c7d4c3f5d3d4d49bd2dac3"><span class="__cf_email__" data-cfemail="53373636237d343226213225133532327d343c25">[email protected]</span></a>.
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-2020-1076; Project Identifier
MCAI-2020-01201-A'' 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
this 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
[[Page 7060]]
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 Deep
Gaurav, Aviation Safety Engineer, New York ACO Branch, FAA, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that the
FAA receives which is not specifically designated as CBI will be placed
in the public docket for this rulemaking.
Background
Transport Canada, which is the aviation authority for Canada, has
issued AD CF-2018-04, dated January 19, 2018 (referred to after this as
``the MCAI''), to correct an unsafe condition on all serial-numbered
Viking (formerly Bombardier Inc. and de Havilland Inc.) Model DHC-3
airplanes. The MCAI states:
Service experience indicates that aging aircraft are more likely
to be adversely affected by corrosion, wear and fatigue cracking.
Viking Air Limited (Viking), as Type Certificate holder for the DHC-
3, has developed a supplementary inspection and corrosion control
program which identifies specific areas that must be inspected to
ensure that corrosion, wear and fatigue-related degradation do not
result in an unsafe condition. The program is documented in Viking
Product Support Manual (PSM) 1-3-5 DHC-3 Otter Supplementary
Inspection and Corrosion Control Manual (SICCM).
Corrosion levels are defined in PSM 1-3-5 as a means for
assessing the effectiveness of the corrosion control program and
recording the results of the inspections mandated by this [Transport
Canada] AD.
Each item specified for inspection in PSM 1-3-5 has been
substantiated to Transport Canada as having experienced significant
degradation in service and, as having the potential to develop into
an unsafe condition if the inspections defined in the PSM are not
implemented.
Corrosion and cracking, if not addressed, could lead to structural
failure with consequent loss of control of the airplane. You may
examine the MCAI at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2020-1076.
Related Service Information
The FAA reviewed Viking DHC-3 Otter Service Bulletin V3/0010,
Revision NC, dated March 19, 2020. The service bulletin provides a list
of new inspection tasks that have been added to the DHC-3 maintenance
program as a supplemental corrosion prevention manual, Viking Product
Support Manual (PSM) 1-3-5 DHC-3 Otter Supplemental Inspection and
Corrosion Control Manual, Revision IR, dated December 21, 2017 (Viking
PSM 1-3-5, Revision IR).
The FAA also reviewed Viking PSM 1-3-5, Revision IR, which
specifies procedures for inspecting areas of the airplane that are
particularly susceptible to corrosion, wear, and fatigue-related
degradation. Viking PSM 1-3-5, Revision IR, also specifies repetitive
inspection intervals, defines the different levels of corrosion, and
provides corrective action if corrosion is found.
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 that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Requirements of the Proposed AD
This proposed AD would require establishing a corrosion prevention
and control program approved by the FAA, including initial inspection
tasks to identify corrosion and cracking, repetitive inspection
intervals, and corrective actions (such as repairs and application of
corrosion inhibitors) if corrosion or cracking is found. The proposed
AD would also require, before further flight after establishing the
program, completing all of the initial tasks identified in the program.
Lastly, this proposed AD would require reporting corrosion findings to
Viking.
ADs Mandating Airworthiness Limitations
The FAA has previously mandated airworthiness limitations by
issuing ADs that require revising the airworthiness limitation section
(ALS) of the existing maintenance manual or instructions for continued
airworthiness to incorporate new or revised inspections. This proposed
AD, however, would require establishing and incorporating new
inspections into the maintenance records required by 14 CFR
91.417(a)(2) or 135.439(a)(2) for your airplane. The FAA does not
intend this as a substantive change. Requiring incorporation of the new
ALS requirements into the maintenance records, rather than requiring
individual repetitive inspections and replacements, allows operators to
record AD compliance once after updating the maintenance records,
rather than recording compliance after every inspection and part
replacement.
Differences Between This Proposed AD and the MCAI
Transport Canada AD CF-2018-04 requires completing the actions as
specified in Viking PSM 1-3-5, Revision IR. This proposed AD would not
require Viking PSM 1-3-5, Revision IR, but would require establishing a
corrosion prevention and control program using an FAA-approved method.
However, the FAA considers Viking PSM 1-3-5, Revision IR, an approved
method.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 38 airplanes of U.S. registry. The FAA also estimates that it
would take about 145 work-hours per airplane to establish a corrosion
prevention and control program and comply with the initial tasks of the
program.
Based on these figures, the FAA estimates the cost of the proposed
AD on U.S. operators to be $468,350 or $12,325 per airplane.
The FAA estimates it would take about 1work-hour to report any
corrosion found during the proposed initial inspections, for an
estimated cost of $85 per airplane.
The extent of damage found during the proposed initial inspections
may vary significantly from airplane to airplane. The FAA has no way to
determine the estimated cost of repair or replacement of damaged parts
for each airplane or how many airplanes may need these repairs.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
[[Page 7061]]
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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 adding the following new airworthiness
directive:
Viking Air Limited (Type Certificate Previously Held by Bombardier
Inc. and de Havilland, Inc.): Docket No. FAA-2020-1076; Project
Identifier MCAI-2020-01201-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 25, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Viking Air Limited (type certificate
previously held by Bombardier Inc. and de Havilland, Inc.) Model
DHC-3 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 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 corrosion, wear,
and fatigue-related degradation in aging aircraft. The FAA is
issuing this AD to detect and address corrosion and cracking. This
condition, if not addressed, could lead to structural failure with
consequent loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Corrosion Control Program
Within 18 months after the effective date of this AD, establish
in the maintenance records required by 14 CFR 91.417(a)(2) or
135.439(a)(2), as applicable for your aircraft, a corrosion
prevention and control program approved by the FAA that includes
initial inspections to identify corrosion and cracking, repetitive
inspection intervals, and corrective actions (repairs and
application of corrosion inhibitors) if corrosion or cracking is
found. Before further flight after establishing the corrosion
prevention and control program, complete all of the initial tasks
identified in the program. To obtain FAA approval, you must contact
the New York ACO Branch using the contact information found in
paragraph (j)(3) of this AD.
Note 1 to paragraph (g): Viking Product Support Manual (PSM) 1-
3-5 DHC-3 Otter Supplemental Inspection and Corrosion Control
Manual, Revision IR, dated December 21, 2017 (Viking PSM 1-3-5,
Revision IR), contains additional information related to this AD and
is an FAA-approved method for establishing a corrosion prevention
and control program.
Note 2 to paragraph (g): Viking DHC-3 Otter Service Bulletin V3/
0010, Revision NC, dated March 19, 2020 (Viking SB V3/0010, Revision
NC), also contains additional information related to this AD.
(h) Reporting
If, during any task required by paragraph (g) of this AD, any
corrosion is found: Within 30 days after completing the task or
within 30 days after the effective date of this AD, whichever occurs
later, report the corrosion to Viking at
<a href="/cdn-cgi/l/email-protection#20544543484e4943414c0e535550504f52546056494b494e474149520e434f4d"><span class="__cf_email__" data-cfemail="dda9b8beb5b3b4bebcb1f3aea8adadb2afa99dabb4b6b4b3babcb4aff3beb2b0">[email protected]</span></a> or at the address listed in
paragraph (j)(4) of this AD. The report must include the following:
(1) Operator;
(2) Airplane serial number;
(3) Airplane hours time-in-service at time of inspection;
(4) Inspection task number and date of inspection;
(5) Airplane operating environment; and
(6) Type, level or extent, location, and cause (if known) of
damage.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, New York ACO 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 paragraph (j)(3) of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspection, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved specifically for this AD by the Manager, New York
ACO Branch, FAA; or Transport Canada.
(j) Related Information
(1) Refer to the MCAI from Transport Canada, AD CF-2018-04,
dated January 19,
[[Page 7062]]
2018, for related information. You may examine the MCAI at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2020-1076.
(2) Viking SB V3/0010, Revision NC and Viking PSM 1-3-5,
Revision IR, contain additional information related to this AD.
(3) For more information about this AD, contact Deep Gaurav,
Aviation Safety Engineer, New York ACO Branch, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228-7300; email:
<a href="/cdn-cgi/l/email-protection#7d1918180d531a1c080f1c0b3d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="d6b2b3b3a6f8b1b7a3a4b7a096b0b7b7f8b1b9a0">[email protected]</span></a>.
(4) For service information related to this AD, contact Viking
Air Limited Technical Support, 1959 De Havilland Way, Sidney,
British Columbia, Canada, V8L 5V5; telephone: (North America) (800)
663-8444; fax: (250) 656-0673; email:
<a href="/cdn-cgi/l/email-protection#2c58494f4442454f4d40025f595c5c435e586c5a454745424b4d455e024f4341"><span class="__cf_email__" data-cfemail="3a4e5f59525453595b5614494f4a4a55484e7a4c535153545d5b534814595557">[email protected]</span></a>; website: <a href="https://www.vikingair.com/support/service-bulletins">https://www.vikingair.com/support/service-bulletins</a>. You may review 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 (817) 222-5110.
Issued on February 1, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-02547 Filed 2-7-22; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 8, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.