Rule2022-23899
Airworthiness Directives; Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland, Inc.)
Primary source
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Published
November 2, 2022
Effective
November 2, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Viking Air Limited (Viking) (type certificate previously held by Bombardier Inc. and de Havilland, Inc.) Model DHC-3 airplanes. This AD was prompted by a recent investigation of a Viking Model DHC-3 airplane where the lock ring of the stabilizer actuator was found missing. This AD requires a visual inspection of the stabilizer actuator to confirm that the stabilizer actuator lock ring is present, correctly seated in the groove in the upper housing, and engaged in the clamp nut, applicable corrective actions, and application of a torque seal. This AD also requires sending the inspection results to the FAA. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66084-66086]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23899]
[[Page 66084]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1409; Project Identifier AD-2022-01396-A;
Amendment 39-22235; AD 2022-23-08]
RIN 2120-AA64
Airworthiness Directives; Viking Air Limited (Type Certificate
Previously Held by Bombardier Inc. and de Havilland, Inc.)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Viking Air Limited (Viking) (type certificate previously held by
Bombardier Inc. and de Havilland, Inc.) Model DHC-3 airplanes. This AD
was prompted by a recent investigation of a Viking Model DHC-3 airplane
where the lock ring of the stabilizer actuator was found missing. This
AD requires a visual inspection of the stabilizer actuator to confirm
that the stabilizer actuator lock ring is present, correctly seated in
the groove in the upper housing, and engaged in the clamp nut,
applicable corrective actions, and application of a torque seal. This
AD also requires sending the inspection results to the FAA. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective November 2, 2022.
The FAA must receive comments on this AD by December 19, 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="http://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> by
searching for and locating Docket No. FAA-2022-1409; 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, any
comments received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aviation Safety
Engineer, New York ACO Branch, FAA, 1600 Stewart Avenue, Westbury, NY
11590; phone: (516) 228-7300; email: <a href="/cdn-cgi/l/email-protection#625b4f0314114f0c1b03010d4f010d11220403034c050d14"><span class="__cf_email__" data-cfemail="dde4f0bcabaef0b3a4bcbeb2f0beb2ae9dbbbcbcf3bab2ab">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2022, a fatal accident of a Viking Model DHC-3
airplane in Mutiny Bay near Freeland, WA occurred. The National
Transportation Safety Board investigation showed that the lock ring of
the stabilizer actuator was found missing. The investigation revealed
that the clamp nut that attaches the top eye end and bearing assembly
of the horizontal stabilizer actuator to the actuator barrel had
unscrewed from the barrel. The investigation also found that the
circular wire lock ring, which was designed to prevent the clamp nut
from unscrewing, was not present. This condition, if not detected and
corrected, could result in a reduction or loss of pitch control during
flight with consequent loss of control of the airplane. The FAA is
issuing this AD to address the unsafe condition on these products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
AD Requirements
This AD requires a visual inspection of the stabilizer actuator to
confirm that the stabilizer actuator lock ring is present, correctly
seated in the groove in the upper housing, and engaged in the clamp
nut, applicable corrective actions, and application of a torque seal.
This AD also requires sending the inspection results to the FAA.
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because loss of pitch control during flight with consequent loss of
control of the airplane could occur rapidly and without warning due to
a missing or incorrectly seated lock ring in the stabilizer actuator.
Given the significance of the risk presented by this unsafe condition,
it must be immediately addressed. Thus, the FAA has determined that
these airplanes must be inspected within 10 hours time-in-service.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1409 and Project Identifier
AD-2022-01396-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
[[Page 66085]]
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to
Elizabeth Dowling, 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.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 63 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Inspection and Torque Seal 1 work-hour x $85 Not Applicable............. $85 $5,355
Application. per hour = $85.
Reporting Requirement.......... 1 work-hour x $85 Not Applicable............. 85 5,355
per hour = $85.
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The FAA has received no definitive data regarding the cost
estimates for the on-condition corrective actions required by this AD.
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 a 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 be
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
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2022-23-08 Viking Air Limited (type certificate previously held by
Bombardier Inc. and de Havilland, Inc.): Amendment 39-22235; Docket
No. FAA-2022-1409; Project Identifier AD-2022-01396-A.
(a) Effective Date
This airworthiness directive (AD) is effective November 2, 2022.
None.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Viking Air Limited (Viking) (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 5520, Elevator
Structure.
(e) Unsafe Condition
This AD was prompted by a recent investigation of a Viking Model
DHC-3 airplane where the lock ring of the stabilizer actuator was
found missing. The investigation revealed that the clamp nut that
attaches the top eye end and bearing
[[Page 66086]]
assembly of the horizontal stabilizer actuator to the actuator
barrel had unscrewed from the barrel. The investigation also found
that the circular wire lock ring, which was designed to prevent the
clamp nut from unscrewing, was not present. This condition, if not
detected and corrected, could result in a reduction or loss of pitch
control during flight with consequent loss of control of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection
Within 10 hours time-in-service (TIS) after the effective date
of this AD, perform a visual inspection of the stabilizer actuator
to confirm that the stabilizer actuator lock ring is present,
correctly seated in the groove in the upper housing, and engaged in
the clamp nut. If the stabilizer actuator lock ring is missing or
not correctly installed, before further flight, repair using a
method approved by the Manager, New York ACO Branch, FAA, at the
address in paragraph (k) of this AD.
Note to paragraph (g): Viking Service Letter DHC3-SL-27-001,
dated October 25, 2022, contains information related to this AD.
(h) Torque Seal
Before further flight after the inspection required by paragraph
(g) of this AD, apply a torque seal to the clamp nut and lock ring.
(i) Reporting Requirement
Within 10 days after the inspection required by paragraph (g) of
this AD or within 10 days after the effective date of this AD,
whichever occurs later, report the results of the inspection to the
FAA at <a href="/cdn-cgi/l/email-protection#fac3d79b8c89d794839b9995d7999589ba9c9b9bd49d958c"><span class="__cf_email__" data-cfemail="dfe6f2bea9acf2b1a6bebcb0f2bcb0ac9fb9bebef1b8b0a9">[email protected]</span></a>. Include the airplane serial number,
airplane hours TIS, hours TIS since last actuator overhaul (if
known), and whether the lock ring was present, missing, or
incorrectly installed.
(j) 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, mail it to ATTN: Program
Manager, Continuing Operational Safety, at the address identified in
paragraph (k) of this AD or email to: <a href="/cdn-cgi/l/email-protection#497064283f3a642730282a26642a263a092f2828672e263f"><span class="__cf_email__" data-cfemail="84bda9e5f2f7a9eafde5e7eba9e7ebf7c4e2e5e5aae3ebf2">[email protected]</span></a>. If
mailing information, also submit information by email.
(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) For service information identified in this AD that is not
incorporated by reference, contact Viking Air Ltd., 1959 de
Havilland Way, Sidney British Columbia, Canada V8L 5V5; phone: (800)
663-8444; email: <a href="/cdn-cgi/l/email-protection#ff9c90918b96918a969198d19e968d88908d8b9796919a8c8cbfc39edf978d9a99c2" http: vikingair.com">vikingair.com</a>">continuing.airworthiness@<a href="http://vikingair.com">vikingair.com</a></a>; website:
<a href="http://vikingair.com">vikingair.com</a>.
(k) Related Information
For more information about this AD, contact Elizabeth Dowling,
Aviation Safety Engineer, New York ACO Branch, FAA, 1600 Stewart
Avenue, Westbury, NY 11590; phone: (516) 228-7300; email: <a href="/cdn-cgi/l/email-protection#2e17034f585d0340574f4d41034d415d6e484f4f00494158"><span class="__cf_email__" data-cfemail="88b1a5e9fefba5e6f1e9ebe7a5ebe7fbc8eee9e9a6efe7fe">[email protected]</span></a>.
(l) Material Incorporated by Reference
None.
Issued on October 28, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-23899 Filed 10-31-22; 8:45 am]
BILLING CODE 4910-13-P
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