[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Rules and Regulations]
[Pages 11011-11013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4970]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1330; Directorate Identifier 2008-NM-138-AD; 
Amendment 39-15839; AD 2009-06-03]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited Model DHC-7 
Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    Transport Canada has received numerous service difficulty 
reports concerning Viking DHC-7 and Bombardier DHC-8 aircraft 
fluorescent lamp holder damage due to overheating. It has been 
determined that lamp holder overheating is a result of arcing 
between the fluorescent tube pins and the lamp holder contacts when 
the tube is not properly seated during installation. Overheating of 
lamp holders, if not corrected, could generate fumes and smoke * * 
*.
* * * * *

    The unsafe condition could result in an in-flight fire. We are 
issuing this AD to require actions to correct the unsafe condition on 
these products.

DATES: This AD becomes effective April 20, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 20, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems 
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification 
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 
telephone (516) 228-7311; 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 December 23, 2008 
(73 FR 78673). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Transport Canada has received numerous service difficulty 
reports concerning Viking DHC-7 and Bombardier DHC-8 aircraft 
fluorescent lamp holder damage due to overheating. It has been 
determined that lamp holder overheating is a result of arcing 
between the fluorescent tube pins and the lamp holder contacts when 
the tube is not properly seated during installation. Overheating of 
lamp holders, if not corrected, could generate fumes and smoke, 
causing concern to passengers and crew.
    This directive mandates repetitive inspection[s] for proper 
installation [and functioning] of fluorescent tubes and prohibits 
installation of non-arc-protected replacement fluorescent lamp 
ballasts.

    The unsafe condition could result in an in-flight fire. The 
corrective actions include replacing any lamps that are not properly 
seated in the lamp holder, and replacing any broken, non-functioning 
lamp holders. Replacing all affected fluorescent lamp ballasts would 
terminate the repetitive inspections. You may obtain further 
information by examining the MCAI in the AD docket.

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

[[Page 11012]]

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 our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 21 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the 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 $1,680, or $80 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 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 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 Operations office 
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 Operations 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:

2009-06-03 Viking Air Limited (Formerly Bombardier, Inc.): Amendment 
39-15839. Docket No. FAA-2008-1330; Directorate Identifier 2008-NM-
138-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
20, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Viking Air Limited Model DHC-7-1, DHC-7-
100, DHC-7-101, DHC-7-102, and DHC-7-103 airplanes, certificated in 
any category; serial numbers 1 through 113 inclusive, with 
Modifications 7/2444 and 7/2445 incorporated.

Subject

    (d) Air Transport Association (ATA) of America Code 33: Lights.

Reason

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

    ``Transport Canada has received numerous service difficulty 
reports concerning Viking DHC-7 and Bombardier DHC-8 aircraft 
fluorescent lamp holder damage due to overheating. It has been 
determined that lamp holder overheating is a result of arcing 
between the fluorescent tube pins and the lamp holder contacts when 
the tube is not properly seated during installation. Overheating of 
lamp holders, if not corrected, could generate fumes and smoke, 
causing concern to passengers and crew.
    This directive mandates repetitive inspection[s] for proper 
installation [and functioning] of fluorescent tubes and prohibits 
installation of non-arc-protected replacement fluorescent lamp 
ballasts.''

The unsafe condition could result in an in-flight fire. The 
corrective actions include replacing any lamps that are not properly 
seated in the lamp holder, and replacing any broken, non-functioning 
lamp holders. Replacing all affected fluorescent lamp ballasts would 
terminate the repetitive inspections.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1,000 flight hours after the effective date of this 
AD: Perform a visual inspection to ensure proper installation and 
functioning of the fluorescent tubes in the lamp holders, and 
perform all applicable corrective actions before further flight, in 
accordance with the Accomplishment Instructions of Viking Service 
Bulletin V7-33-01, dated February 28, 2008. Repeat the inspection 
thereafter at intervals not to exceed 1,000 flight hours.
    (2) Replacing all fluorescent lamp ballasts having part number 
(P/N) BAO8006-1 and BA[O]8006-28-1 with new fluorescent lamp 
ballasts having P/N BR9000-21, in accordance with the Accomplishment 
Instructions of Viking Service Bulletin V7-33-01, dated February 28, 
2008, terminates the repetitive inspections required by paragraph 
(f)(1) of this AD.

FAA AD Differences

    Note 1: 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 (ACO), 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: Wing Chan, Aerospace 
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York 
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 
telephone (516) 228-7311; 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-

[[Page 11013]]

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, 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 Canadian Airworthiness Directive CF-2008-27, 
dated July 4, 2008; and Viking Service Bulletin V7-33-01, dated 
February 28, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Viking Service Bulletin V7-33-01, dated 
February 28, 2008, 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 Limited, 9574 Hampden Road, Sidney, British Columbia V8L 
8V5, Canada; telephone 250-656-7227; fax 250-656-0673; e-mail 
[email protected]; Internet http://www.vikingair.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-4970 Filed 3-13-09; 8:45 am]
BILLING CODE 4910-13-P