[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Proposed Rules]
[Pages 13448-13450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5215]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / 
Proposed Rules  

[[Page 13448]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27193; Directorate Identifier 2007-CE-009-AD]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited (Type Certificate 
No. A-806 Previously Held by deHavilland Inc.) Models DHC-2 Mk. I, DHC-
2 Mk. II, and DHC-2 Mk. III Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. 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:

    A report has been received of stress corrosion cracking 
occurring in the wing lift strut lower clevis fitting, part number 
C2W-1097A.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 23, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: George J. Duckett, Aerospace Engineer, 
FAA, New York Aircraft Certification Office, 10 Fifth Street, Valley 
Stream, New York 11581; telephone: (516) 228-7325; fax: (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
27193; Directorate Identifier 2007-CE-009-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued AD 88-08-02, Amendment 39-5889, to address an unsafe 
condition on the products listed above.
    Since we issued AD 88-08-02, additional airplanes have been 
identified that need to be added to the Applicability section. Viking 
Air Limited has issued Revision C to Service Bulletin No. 2/41 that 
changes the inspection method from dye penetrant to fluorescent 
penetrant. Viking Air Limited has also issued Service Bulletin 2/55 
that allows for eddy current inspections, which extend the repetitive 
inspection intervals.
    Transport Canada, which is the aviation authority for Canada, has 
issued AD No. CF-1985-08R4, dated September 28, 2006 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A report has been received of stress corrosion cracking 
occurring in the wing lift strut lower clevis fitting, part number 
C2W-1097A.
    The MCAI requires:
    This AD revision is being issued to allow operators the option 
of continuing with the existing inspection intervals in accordance 
with CF-85-08R3 (Part A) or incorporating the improved alternate 
inspection method in accordance with Part B, to permit an increase 
in inspection intervals.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Viking Air Limited has issued Service Bulletin S/B No. 2/41, 
Revision ``C'', dated June 23, 2006; and Service Bulletin No. 2/55, 
dated June 23, 2006. The actions described in these service

[[Page 13449]]

bulletins are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 392 products of U.S. registry. We also estimate that 
it would take about 7 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $219,520, or $560 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 7 work-hours and require parts costing $6,227 for each wing 
strut assembly, for a cost of $6,787 per wing strut assembly. We have 
no way of determining the number of products that may need these 
actions.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 removing Airworthiness Directive 
(AD) 88-08-02, Amendment 39-5889, and adding the following new AD:

Viking Air Limited (Type Certificate No. A-806 previously held by 
deHavilland Inc.): Docket No. FAA-2007-27193; Directorate Identifier 
2007-CE-009-AD.

Comments Due Date

    (a) We must receive comments by April 23, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models DHC-2 Mk. I, DHC-2 Mk. II, and 
DHC-2 Mk. III airplanes, all serial numbers, that:
    (1) Are certificated in any category; and
    (2) Are equipped with wing lift strut assemblies, part numbers 
(P/Ns) C2W1103, C2W1103A, C2W1104, or C2W1104A.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    A report has been received of stress corrosion cracking 
occurring in the wing lift strut lower clevis fitting, part number 
C2W-1097A.

Retained Requirements of AD 88-08-02

    (f) For all Models DHC-2 Mk. I and DHC-2 Mk. III airplanes 
certificated in any category that are equipped with wing lift strut 
assemblies, P/Ns C2W1103, C2W1103A, C2W1104, or C2W1104A: Within 100 
hours time-in-service (TIS) or one month after May 11, 1988 (the 
effective date of AD 88-08-02), whichever occurs first, and 
thereafter at intervals not to exceed 500 hours TIS or 12 calendar 
months, whichever occurs first:
    (1) Remove wing strut assemblies, C2W1103 or C2W1103A and 
C2W1104 or C2W1104A from the airplane and prepare the assemblies for 
inspection as described in the ``ACCOMPLISHMENT INSTRUCTIONS'' 
section of DeHavilland Service Bulletin (S/B) No. 2/41, Revision A, 
dated August 14, 1987.
    (2) Conduct a dye penetrant inspection with a 10-power glass for 
cracks in the lugs of the lower attachment clevis fitting.
    (3) If cracks are found, prior to further flight replace the 
complete strut assembly with a strut assembly of the same part 
number that has had the lower clevis fitting inspection using the 
dye penetrant procedure and has been found free of cracks, or strut 
assembly C2W1115-1 or C2W1115-2, as appropriate.
    (4) If no cracks are found, clean the lower clevis fitting and 
reinstall the wing strut assembly.
    (5) If wing strut assembly C2W1115-1 or C2W1115-2 is installed, 
the recurring inspection specified in paragraph (f) of this AD is no 
longer required.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do either (1) or (2) of the following 
actions:
    (1) Inspection using fluorescent penetrant method: Perform the 
Accomplishment Instructions of Viking Air Ltd. Service

[[Page 13450]]

Bulletin No. 2/41, Revision C, dated June 23, 2006.
    (i) For airplanes previously affected by AD 88-08-02: Inspect 
within 12 calendar months after the last inspection required by AD 
88-08-02 or within 30 days after the effective date of this AD, 
whichever occurs later, and thereafter at intervals not to exceed 12 
calendar months.
    (ii) For airplanes not previously affected by AD 88-08-02: 
Inspect within the next 100 hours time-in-service (TIS) or 12 
calendar months after the effective date of this AD, whichever 
occurs first, and thereafter at intervals not to exceed 12 calendar 
months.
    (2) Inspection using eddy current method: Perform the 
Accomplishment Instructions of Viking Air Ltd. SB No. 2/55, dated 
June 23, 2006.
    (i) For airplanes previously affected by AD 88-08-02: Inspect 
within 12 calendar months after the last inspection required by AD 
88-08-02 or within 30 days after the effective date of this AD, 
whichever occurs later, and thereafter at intervals not to exceed 24 
calendar months.
    (ii) For airplanes not previously affected by AD 88-08-02: 
Inspect within 100 hours TIS or 12 calendar months after the 
effective date of this AD, whichever occurs first, and thereafter at 
intervals not to exceed 24 calendar months.
    (3) If cracks are found during any inspection required by either 
paragraph (g)(1) or (g)(2) of this AD, before further flight:
    (i) Replace the complete strut assembly with a strut assembly of 
the same part number that has had the lower clevis fitting inspected 
using either the fluorescent penetrant method specified in paragraph 
(g)(1) of this AD or the eddy current method specified in paragraph 
(g)(2) of this AD and is found free of cracks; or
    (ii) Replace the complete strut assembly with strut assembly 
C2W1115-1 or C2W1115-2, as appropriate. Installing wing strut 
assembly C2W1115-1 or C2W1115-2 as replacement parts terminates the 
recurring inspections required in paragraphs (g)(1) and (g)(2) of 
this AD.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, FAA, ATTN: George J. Duckett, 
Aerospace Engineer, 10 Fifth Street, Valley Stream, New York 11581; 
telephone: (516) 228-7325; fax (516) 794-5531, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Before using any approved AMOC on any airplane to 
which the AMOC applies, notify your appropriate principal inspector 
(PI) in the FAA Flight Standards District Office (FSDO), or lacking 
a PI, your local FSDO.
    (2) AMOCs approved for AD 88-08-02 are not approved for this AD.
    (3) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (4) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Transport Canada AD CR-1985-08R4, dated 
September 28, 2006; and Viking Air Limited Service Bulletin S/B No. 
2/41, Revision ``C'', dated June 23, 2006; and Service Bulletin No. 
2/55, dated June 23, 2006; for related information.

    Issued in Kansas City, Missouri, on March 15, 2007.
David R. Showers,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-5215 Filed 3-21-07; 8:45 am]
BILLING CODE 4910-13-P