[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Pages 71528-71530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27299]



[[Page 71528]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0891 Directorate Identifier 2008-CE-046-AD; 
Amendment 39-15741; AD 2008-24-01]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited DHC-6 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new 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:

    Three instances have occurred in which the aircraft took off 
with pre-mod 6/1676 flight control gust locks still installed, 
sometimes with disastrous results.

Based on investigation, the FAA and National Transportation Safety 
Board (NTSB) believe that an attempted takeoff with the gust locks 
installed could be the cause of a recent accident in Hyannis, 
Massachusetts. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective December 30, 2008.
    On December 30, 2008, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document 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: Fabio Buttitta, Aerospace Engineer, 
FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 
410, Westbury, New York 11590; telephone: (516) 228-7303; 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 August 19, 2008 (73 
FR 48310). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Three instances have occurred in which the aircraft took off 
with pre-mod 6/1676 flight control gust locks still installed, 
sometimes with disastrous results.

The MCAI, to prevent an attempted take-off with the gust locks 
installed, requires the incorporation of de Havilland Modification 6/
1676 (ensures downward deflection of the elevators when the control 
locks are engaged) and incorporation of de Havilland Modification 6/
1726 (adds to the control lock a warning flag which masks essential 
flight instruments on the pilot's instrument panel).

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received.

Comment Issue: Proposed AD Deals With an Operational/Pilot Error

    The Aircraft Owners and Pilots Association (AOPA) recommends that 
the FAA issue a special airworthiness information bulletin (SAIB) 
instead of an AD. AOPA cites another similar situation where the FAA 
issued an SAIB for Raytheon Aircraft Company (RAC) (now, Hawker 
Beechcraft Corporation (HBC)) airplanes instead of an AD, dealing with 
both operational/pilot error and the failure of the pilot to remove the 
control lock before flight. AOPA believes that this is not an unsafe 
condition under 14 CFR part 39.
    The FAA partially agrees with the commenter that in the referenced 
situation we issued an SAIB instead of an AD. However, we disagree with 
the commenter that this particular situation should require no more 
than SAIB action.
    This AD action differs from the situation that warranted the SAIB. 
The SAIB, dated March 11, 2002, for the HBC airplanes was prompted 
because of operators using makeshift gust locks (common bolts or nails) 
instead of gust locks provided by the manufacturer. The SAIB recommends 
use of gust locks that meet the requirements for flight control locks 
as defined by 14 CFR 23.679 and recommends pilots review their 
preflight checks. The SAIB also recommends that operators replace older 
gust locks that locked the controls in the neutral position with newer 
modified gust locks that locked the controls in the nose down and/or 
roll input position.
    The SAIB applies to the entire line (including commuter category 
1900 series) of HBC propeller-driven airplanes, primarily to address 
accidents that involved gust locks on non-commuter category airplanes. 
This includes the HBC 1900 series airplanes, which like the DHC-6 
series airplanes, are used in commuter operations (14 CFR part 135). 
The 1900 series airplanes are included as an extra measure to reinforce 
prudent practice on HBC's entire line of propeller-driven airplanes. It 
should be noted that the HBC Model 1900 gust lock design always locks 
the control column in a nose down and/or roll input position.
    The following table, Current Gust Lock Design Differences Between 
1900 Series Airplanes and DHC-6 (pre-Mod 6/1676/Mod 6/1726) Series 
Airplanes, illustrates the design differences between the two series of 
airplanes:

 Current Gust Lock Design Differences Between 1900 Series Airplanes and
           DHC-6 (Pre-Mod 6/1676/ Mod 6/1726) Series Airplanes
------------------------------------------------------------------------
              1900 Series                          DHC-6 Series
------------------------------------------------------------------------
Gust lock design pins the control        Pre-Mod 6/1676/Mod 6/1726
 column in a nose-down elevator           design of the gust locks pins
 position that prevents takeoff.          the control column in a
                                          neutral elevator position that
                                          allows takeoff.
Rotates the control wheel approximately  Control wheel is not rotated as
 15 degrees to the left when the lock     a visual indicator that the
 is engaged to indicate gust lock         gust lock is engaged.
 engagement.
Includes a clamp over the engine         Does not include a clamp over
 control levers with a red warning flag   the engine control levers or a
 on a chain between the engine control    warning flag.
 clamp and the control column pin, and
 a chain connected to the rudder lock
 pin installed in the floorboards.
Design provides an obvious warning that  No obvious warning that the
 the gust locks are engaged.              gust locks are engaged.
------------------------------------------------------------------------


[[Page 71529]]

    There have been no known accidents of the 1900 series airplanes 
attributed to failure to remove a gust lock.
    The DHC-6 series airplanes are comparable to the 1900 series 
airplanes and may be used as commuter category airplanes. Before 
issuance of the MCAI, there were three occurrences of DHC-6 series 
airplanes attempting take off with pre-Mod 6/1676 gust locks still 
installed, sometimes with disastrous results. Recently, we had a fatal 
accident in Hyannis, Massachusetts, where preliminary investigations 
reveal a pre-Mod 6/1676 gust lock installed.
    This AD goes beyond recommending that pilots review and adhere to 
all pre-flight checks and before take-off procedures. This AD would 
require operators to incorporate de Havilland Modification 6/1676, 
which locks the control column forward (elevator nose down position). 
This reduces the possibility of the airplane becoming airborne should a 
takeoff be attempted with the gust lock installed. This AD would also 
require operators to incorporate Mod 6/1726, which adds a warning flag 
that masks essential flight instruments on the pilot's instrument 
panel. This gives a more obvious warning to the pilot that the gust 
locks are installed, minimizing the possibility of an attempted take-
off with gust locks installed.
    Because this issue has been the cause of past accidents that 
resulted in the MCAI and could be the cause or a contributing factor to 
a recent accident, we determined that an unsafe condition exists and 
the condition is likely to exist or develop in other products of the 
same type design registered in the United States.
    We are not changing the final rule AD action based on this comment.

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 42 products of U.S. registry. We also estimate that it will take 
about 6 work-hours per product to comply with basic requirements of 
this AD. The average labor rate is $80 per work-hour. Required parts 
will cost about $1,125 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $67,410 or $1,605 per product.

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 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 adding the following new AD:

2008-24-01 Viking Air Limited: Amendment 39-15741; Docket No. FAA-
2008-0891; Directorate Identifier 2008-CE-046-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
30, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models DHC-6-1, DHC-6-100, DHC-6-200, and 
DHC-6-300 airplanes, serial numbers (SNs) 1 through 696, that
    (1) have not had modifications 6/1676 and 6/1726 installed; and
    (2) are certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

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

    Three instances have occurred in which the aircraft took off 
with pre-mod 6/1676 flight control gust locks still installed, 
sometimes with disastrous results.

The MCAI, to prevent an attempted take-off with the gust locks 
installed, requires the incorporation of de Havilland Modification 
6/1676 (ensures downward deflection of the elevators when the 
control locks are engaged) and incorporation of de Havilland 
Modification 6/1726 (adds to the control lock a warning flag which 
masks essential flight instruments on the pilot's instrument panel). 
Based on investigation, the FAA and National Transportation Safety 
Board believe

[[Page 71530]]

that an attempted takeoff with the gust locks installed could be the 
cause of a recent accident in Hyannis, Massachusetts.

Actions and Compliance

    (f) Unless already done, within 6 calendar months after December 
30, 2008 (the effective date of this AD), do the following actions 
using Boeing Canada de Havilland Division Service Bulletin No. 6/
508, Revision ``A,'' dated January 31, 1990:
    (1) Incorporate de Havilland Modification 6/1676, which assures 
downward deflection of the elevators when the control locks are 
engaged.
    (2) Incorporate de Havilland Modification 6/1726, which adds to 
the control lock a warning flag that covers up essential flight 
instruments on the pilot's instrument panel.

FAA AD Differences

    Note: 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, 
Standards 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: Fabio Buttitta, Aerospace Engineer, FAA, New 
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone: (516) 228-7303; 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 MCAI Transport Canada AD No. CF-90-01, dated 
January 31, 1990; and Boeing Canada de Havilland Division Service 
Bulletin No. 6/508, Revision ``A,'' dated January 31, 1990, for 
related information.

Material Incorporated by Reference

    (i) You must use Boeing Canada de Havilland Division Service 
Bulletin No. 6/508, Revision ``A,'' dated January 31, 1990, 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 this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Viking Air Ltd., 9564 Hampden Rd., Sidney, British Columbia, Canada 
V8L 5V5; telephone: 800-663-8444 or 250-656-7227; fax: 250-656-0673; 
E-mail: [email protected]; Web: http://www.vikingair.com.
    (3) 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 November 10, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-27299 Filed 11-24-08; 8:45 am]
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