[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Rules and Regulations]
[Pages 34611-34613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13478]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0393 Directorate Identifier 2008-CE-011-AD; 
Amendment 39-15533; AD 2008-11-11]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited Model DHC-2 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. This AD results from mandatory 
continuing airworthiness information (MCAI) issued 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:

    Cracks have been reported in the front spar center web of the 
tailplane at the pick-up bracket and at lightening holes. If not 
detected early and repaired, these cracks may lead to failure of the 
tailplane.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 23, 2008.
    On July 23, 2008, the Director of the Federal Register approved the 
incorporation by reference of Viking DHC-2 Beaver Service Bulletin 2/
47, Revision E, dated January 23, 2007, listed in this AD.
    As of December 15, 1992 (57 FR 53254, November 9, 1992), the 
Director of the Federal Register approved the incorporation by 
reference of deHavilland Technical News Sheet B55, dated August 1, 
1952; and Bombardier de Havilland DHC-2 (Beaver) Service Bulletin 2/47 
Revision C, revised September 4, 1992, listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Management Facility, 
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: Pong Lee, Aerospace Engineer, FAA, New 
York Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone: (516) 228-7324; fax: (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 2, 2008 (73 FR 
17937), and proposed to supersede AD 92-24-02, Amendment 39-8407 (57 FR 
53254, November 9, 1992). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    Cracks have been reported in the front spar center web of the 
tailplane at the pick-up bracket and at lightening holes. If not 
detected early and repaired, these cracks may lead to failure of the 
tailplane. This revision is issued to reflect the new requirement to 
inspect the tailplane front spar web behind the pick-up brackets 
using fluorescent penetrant inspection (FPI) instead of the visual 
inspection method used previously.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 396 products of U.S. registry. We also estimate that it will 
take about 10 work-hours per product to comply with basic requirements 
of this AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $316,800 or $800 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 48 work-hours and require parts costing $1,854, for a cost 
of $5,694 per product. 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

[[Page 34612]]

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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.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 the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 removing Amendment 39-8407 (57 FR 
53254, November 9, 1992), and adding the following new AD:

2008-11-11 Viking Air Limited: Amendment 39-15533; Docket No. FAA-
2008-0393; Directorate Identifier 2008-CE-011-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 23, 
2008.

Affected ADs

    (b) This AD supersedes AD 92-24-02, Amendment 39-8407.

Applicability

    (c) This AD applies to Models DHC-2 Mk. I, DHC-2 Mk. II, and 
DHC-2 Mk. III airplanes, all serial numbers, certificated in any 
category.

Subject

    (d) Air Transport Association of America (ATA) Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Cracks have been reported in the front spar center web of the 
tailplane at the pick-up bracket and at lightening holes. If not 
detected early and repaired, these cracks may lead to failure of the 
tailplane. This revision is issued to reflect the new requirement to 
inspect the tailplane front spar web behind the pick-up brackets 
using fluorescent penetrant inspection (FPI) instead of the visual 
inspection method used previously.

Actions and Compliance

    (f) Unless already done, do the following:
    (1) For airplanes with cracks that have been previously repaired 
with stop-drilled holes: Within the next 12 calendar months after 
December 15, 1992 (the compliance date retained from AD 92-24-02), 
replace the tailplane front spar following Bombardier de Havilland 
DHC-2 (Beaver) Service Bulletin 2/47 Revision C, revised September 
4, 1992.
    (2) For airplanes with lightening holes (without modification 2/
466): Within the next 200 hours time-in-service (TIS) after December 
15, 1992 (the compliance date retained from AD 92-24-02), visually 
inspect the front spar web in the area of the lightening holes for 
cracks between the pickup brackets.
    (i) If cracks are found, before further flight, incorporate 
Modification 2/466: installation of tailplane front spar without 
lightening holes, following Bombardier de Havilland DHC-2 (Beaver) 
Service Bulletin 2/47 Revision C, revised September 4, 1992; or 
Viking DHC-2 Beaver Service Bulletin 2/47, Revision E, dated January 
23, 2007.
    (ii) If cracks are not found, within the next 24 calendar months 
after December 15, 1992 (the compliance date retained from AD 92-24-
02), incorporate Modification 2/466: installation of tailplane front 
spar without lightening holes, following Bombardier de Havilland 
DHC-2 (Beaver) Service Bulletin 2/47 Revision C, revised September 
4, 1992; or Viking DHC-2 Beaver Service Bulletin 2/47, Revision E, 
dated January 23, 2007.

    Note 1: Modification 2/466, installation of tailplane front spar 
without lightening holes, is referenced in AD 92-24-02 and 
Bombardier de Havilland DHC-2 (Beaver) Service Bulletin 2/47 
Revision C, revised September 4, 1992; and Viking DHC-2 Beaver 
Service Bulletin 2/47, Revision E, dated January 23, 2007. 
Accomplishment of AD 92-24-02 or this AD incorporates modification 
2/466.

    (3) For the following airplanes: Within the next 24 calendar 
months after December 15, 1992 (the compliance date retained from AD 
92-24-02), do the following:
    (i) For airplanes having serial numbers (S/Ns) 1 through 100: 
Install longer pick-up brackets (modification 2/436) following 
deHavilland Technical News Sheet B55, dated August 1, 1952.

    Note 2: Modification 2/436 was incorporated at manufacture on 
airplanes beginning with S/N 101. Other airplanes may have 
incorporated this modification in the field.

    (ii) For airplanes having S/N 1 through 317: Install a gusset 
plate on the rear face at each of the pick-up brackets (modification 
2/758) following deHavilland Technical News Sheet B55, dated August 
1, 1952.

    Note 3: Modification 2/758 was incorporated at manufacture on 
airplanes beginning with S/N 318. Other airplanes may have 
incorporated this modification in the field.

    (4) For all airplanes: Within 200 hours time-in-service (TIS) 
after July 23, 2008 (the effective date of this AD) and repetitively 
thereafter at intervals not to exceed every 24 months, remove the 
tailplane front spar pick-up brackets and do a fluorescent penetrant 
inspection of the tailplane front spar web for cracks in the area of 
the pick-up brackets following Appendix A of Viking DHC-2 Beaver 
Service Bulletin 2/47, Revision E, dated January 23, 2007.
    (5) For all airplanes: If during any of the inspections required 
in paragraph (f)(4) of this AD cracks are found, before further 
flight, replace the tailplane front spar following Viking DHC-2 
Beaver Service Bulletin 2/47, Revision E, dated January 23, 2007. 
The 24-month repetitive fluorescent penetrant inspection is still 
required.

    Note 4: The replacement and modifications required by this AD do 
not terminate the 24-month repetitive fluorescent penetrant 
inspection required by paragraph (f)(4) of this AD.

    (6) For all airplanes: If any cracks are found as a result of 
the inspections required by this AD, use the following contact 
information to report your results: Viking Air Limited, Technical 
Support, 9574 Hampden road, Sidney, British-Columbia, Canada, V8L 
5V5; telephone: regional 250-656-7227, North America 1-800-0663-
8444, or international 1-800-6727-6727; fax: 250-656-0673; e-mail: 
[email protected].

[[Page 34613]]

FAA AD Differences

    Note 5: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Pong Lee, Aerospace 
Engineer, FAA, New York Certification Office, 1600 Stewart Avenue, 
Suite 410, Westbury, New York 11590; telephone: (516) 228-7324; fax: 
(516) 794-5531. 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) 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.
    (3) 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

    (h) Refer to Transport Canada AD CF-1991-42R1, dated March 13, 
2007; and Viking DHC-2 Beaver Service Bulletin No. 2/47, Revision E, 
dated January 23, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Bombardier de Havilland DHC-2 (Beaver) Service 
Bulletin 2/47 Revision C, revised September 4, 1992; deHavilland 
Technical News Sheet B55, dated August 1, 1952; and Viking DHC-2 
Beaver Service Bulletin 2/47, Revision E, dated January 23, 2007, to 
do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Viking DHC-2 Beaver Service Bulletin 
2/47, Revision E, dated January 23, 2007, under 5 U.S.C. 552(a) and 
1 CFR part 51.
    (2) On December 15, 1992 (57 FR 53254, November 9, 1992), the 
Director of the Federal Register previously approved the 
incorporation by reference of deHavilland Technical News Sheet B55, 
dated August 1, 1952; and Bombardier de Havilland DHC-2 (Beaver) 
Service Bulletin 2/47 Revision C, revised September 4, 1992.
    (3) For service information identified in this AD, contact 
Viking Air Limited, 9574 Hampden Road, Sidney, B.C., Canada V8L 5V5 
or R.W. Martin, Inc., 37552 Winchester Road, Hangar 20, Murrieta, 
California 92563.
    (4) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 10, 2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E8-13478 Filed 6-17-08; 8:45 am]
BILLING CODE 4910-13-P