Proposed Rule2022-03459
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 18, 2022
Effective
February 8, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is correcting a notice of proposed rulemaking (NPRM) that published in the Federal Register. The NPRM proposed to issue an airworthiness directive (AD) that would apply to all Viking Air Limited Model DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. As published, the docket number referenced throughout is incorrect. This document corrects that error. In all other respects, the original document remains the same; however, for clarity, the FAA is publishing the entire proposed rule in the Federal Register.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 34 (Friday, February 18, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Proposed Rules]
[Pages 9274-9276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03459]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 34 / Friday, February 18, 2022 /
Proposed Rules
[[Page 9274]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0190; Project Identifier 2019-CE-048-AD]
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: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: The FAA is correcting a notice of proposed rulemaking (NPRM)
that published in the Federal Register. The NPRM proposed to issue an
airworthiness directive (AD) that would apply to all Viking Air Limited
Model DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. As
published, the docket number referenced throughout is incorrect. This
document corrects that error. In all other respects, the original
document remains the same; however, for clarity, the FAA is publishing
the entire proposed rule in the Federal Register.
DATES: The last date for submitting comments on the NPRM (87 FR 7065,
February 8, 2022) remains March 25, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: 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 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#235746404b4d4a40424f0d505653534c515763554a484a4d44424a510d404c4e"><span class="__cf_email__" data-cfemail="770312141f191e14161b590402070718050337011e1c1e1910161e055914181a">[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-2022-0190; 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: Aziz Ahmed, Aviation Safety Engineer,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; phone: (516) 287-7329; email: <a href="/cdn-cgi/l/email-protection#4322392a396d222b2e2627032522226d242c35"><span class="__cf_email__" data-cfemail="7312091a095d121b1e1617331512125d141c05">[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-2022-0190; Project Identifier
2019-CE-048-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
<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.
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 Aziz
Ahmed, Aerospace Engineer, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, New York 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
The FAA issued an NPRM (87 FR 7065, February 8, 2022) that would
apply to all Viking Air Limited (Viking) Model DHC-2 Mk. I, DHC-2 Mk.
II, and DHC-2 Mk. III airplanes. The NPRM proposed to supersede
Airworthiness Directive (AD) 64-09-03, Amendment 718 (29 FR 5390; April
22, 1964) (AD 64-09-03), which applies to all de Havilland (type
certificate now held by Viking) Model DHC-2 ``Beaver'' airplanes. AD
64-09-03 requires inspecting the aileron mass balance weight arms for
cracks and corrosion and replacing any damaged part.
The NPRM proposed to require establishing a corrosion prevention
and control program to identify and correct corrosion. In the NPRM, the
FAA also proposed to require completing all of the initial tasks
identified in the program and reporting corrosion findings to Viking.
The NPRM was prompted by mandatory continued airworthiness information
(MCAI) issued by Transport Canada, which is the airworthiness authority
for Canada. Corrosion-related degradation, if not addressed, could lead
to structural
[[Page 9275]]
failure with consequent loss of control of the airplane.
Need for the Correction
As published, the docket number referenced throughout the NPRM is
incorrect. The NPRM incorrectly references ``Docket No. FAA-2020-7071''
instead of ``Docket No. FAA-2022-0190.''
Although no other part of the preamble or regulatory information
has been corrected, for clarity, the FAA is publishing the entire
proposed rule in the Federal Register.
The comment due date of the NPRM remains March 25, 2022.
Related Service Information
The FAA reviewed Viking DHC-2 Beaver Service Bulletin V2/0011,
Revision NC, dated November 28, 2019. This service information provides
a list of new inspection tasks that have been added to the DHC-2
supplementary inspection and corrosion control program, Viking Product
Support Manual (PSM) 1-2-5 DHC-2 Beaver Supplemental Inspection and
Corrosion Control Manual, Revision 1, dated January 10, 2019 (Viking
PSM-1-2-5, Revision 1).
The FAA also reviewed Viking PSM-1-2-5, Revision 1, which specifies
procedures for inspecting areas of the airplane that are particularly
susceptible to corrosion-related degradation. Viking PSM 1-2-5,
Revision 1 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.
Proposed AD Requirements
This proposed AD would retain none of the requirements of AD 64-09-
03. 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. This 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. Because the program would include the inspection of the aileron
balance weight arms required by AD 64-09-03, this proposed AD would
supersede AD 64-09-03.
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
The MCAI requires completing the actions as specified in Viking
PSM-1-2-5. Revision 1. This proposed AD would not require Viking PSM-1-
2-5, Revision 1, but would require establishing a corrosion prevention
and control program using an FAA-approved method. However, the FAA
considers Viking PSM 1-2-5, Revision 1 an approved method.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 135 airplanes of U.S. registry. The FAA also estimates that it
would take about 342 work-hours per airplane to establish a corrosion
prevention and control program and comply with the initial inspection
tasks of the program.
Based on these figures, the FAA estimates the cost of this proposed
AD on U.S. operators to be $3,924,450 or $29,070 per airplane.
The FAA estimates it would take about 1-work 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 or
replacements.
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
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.
[[Page 9276]]
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 that the 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.
Correction
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 [Corrected]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive 64-09-03, Amendment 718 (29 FR
5390; April 22, 1964); and
0
b. Adding the following new airworthiness directive:
Viking Air Limited (Type Certificate Previously Held by Bombardier
Inc. and de Havilland, Inc.): Docket No. FAA-2022-0190; Project
Identifier 2019-CE-048-AD.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 25, 2022.
(b) Affected ADs
This AD replaces AD 64-09-03, Amendment 718 (29 FR 5390; April
22, 1964).
(c) Applicability
This AD applies to Viking Air Limited (type certificate
previously held by Bombardier Inc. and de Havilland, Inc.) Model
DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes, all serial
numbers, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2000, Airframe.
(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-
related degradation in aging aircraft. The FAA is issuing this AD to
detect and address corrosion, which 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 Tasks
Within 8 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 1-2-5
DHC-2 Beaver Supplemental Inspection and Corrosion Control Manual,
Revision 1, dated January 10, 2019 (Viking PSM 1-2-5, Revision 1),
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-2 Beaver Service Bulletin
V2/0011, Revision NC, dated November 28, 2019 (Viking SB V2/0011,
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#99edfcfaf1f7f0faf8f5b7eaece9e9f6ebedd9eff0f2f0f7fef8f0ebb7faf6f4"><span class="__cf_email__" data-cfemail="1b6f7e78737572787a7735686e6b6b74696f5b6d727072757c7a726935787476">[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 inspector, 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.
(j) Related Information
(1) Refer to the MCAI from Transport Canada, AD CF-2019-25,
dated July 5, 2019, 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-2022-0190.
(2) Viking SB V2/0011, Revision NC and Viking PSM 1-2-5,
Revision 1 contain additional information related to this AD.
(3) For information about this AD, contact Aziz Ahmed, Aerospace
Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; phone: (516) 287-7329; email:
<a href="/cdn-cgi/l/email-protection#67061d0e1d49060f0a02032701060649000811"><span class="__cf_email__" data-cfemail="5a3b203320743b32373f3e1a3c3b3b743d352c">[email protected]</span></a>.
(4) For 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#a4d0c1c7cccacdc7c5c88ad7d1d4d4cbd6d0e4d2cdcfcdcac3c5cdd68ac7cbc9"><span class="__cf_email__" data-cfemail="cfbbaaaca7a1a6acaea3e1bcbabfbfa0bdbb8fb9a6a4a6a1a8aea6bde1aca0a2">[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 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03459 Filed 2-17-22; 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 18, 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.