[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31800-31803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13532]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0543; Directorate Identifier 2011-CE-018-AD; 
Amendment 39-16709; AD 2011-12-02]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited Model DHC-3 (Otter) 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that are equipped with a Honeywell TPE331-10 or -
12JR turboprop engine installed per Supplemental Type Certificate (STC) 
SA09866SC. This AD requires incorporating revised airspeed limitations 
and marking the airspeed indicator accordingly. There is also a 
requirement for the installation of a temporary placard until the 
airspeed indicator can be modified but not to

[[Page 31801]]

exceed a certain period of time. This AD was prompted by analysis that 
showed that airspeed limitations for the affected airplanes are not 
adjusted for the installation of a turboprop engine as stated in the 
regulations. We are issuing this AD to prevent the loss of airplane 
structural integrity due to the affected airplanes being able to 
operate at speeds that exceed the speeds established in the Federal 
aviation regulations for safe operation.

DATES: This AD is effective June 2, 2011.
    We must receive comments on this AD by July 18, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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 this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Peter W. Hakala, Aerospace Engineer, 
FAA Rotorcraft Directorate, Fort Worth Special Certification Office, 
ASW-190, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137; phone: (817) 
222-5145; fax: (817) 222-5785; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    Recent analysis by the FAA on the Viking Air Limited Model DHC-3 
(Otter) airplanes equipped with a Honeywell TPE331-10 or -12JR 
turboprop engine installed per Supplemental Type Certificate (STC) 
SA09866SC revealed that airspeed limitations for the affected airplanes 
are not adjusted for the installation of a turboprop engine as stated 
in the regulations. 14 CFR 23.1505 paragraph (c) applies to turbine 
engine airplanes and includes the following: ``* * * a maximum 
operating limit speed (VMO/MMO-airspeed or Mach number, whichever is 
critical at a particular altitude) must be established as a speed that 
may not be deliberately exceeded in any regime of flight (climb, 
cruise, or descent) unless a higher speed is authorized for flight test 
or pilot training operations. VMO/MMO must be established so that it is 
not greater than the design cruising speed VC/MC and so that it is 
sufficiently below VD/MD and the maximum speed shown under 23.251 to 
make it highly improbable that the latter speeds will be inadvertently 
exceeded in operations. The speed margin between VMO/MMO and VD/MD or 
the maximum speed shown under 23.251 may not be less than the speed 
margin established between VC/MC and VD/MD under 23.335(b), or the 
speed margin found necessary in the flight test conducted under 
23.253.''
    The FAA has discovered that the affected airplanes, as currently 
certificated, have airspeed indicators with color band markings that do 
not comply with 14 CFR 23.1505(c). This could result in reduced safety 
margins that may result in an unsafe condition.
    Based on further analysis with application of the regulations, the 
FAA has determined that an airspeed limitation of 134 miles per hour 
(mph) for airplanes with floats and 144 mph for basic land airplanes 
would address the concern for the unsafe condition.
    This condition, if not corrected, could result in loss of airplane 
structural integrity due to the affected airplanes being able to 
operate at speeds that exceed the speeds established in the Federal 
aviation regulations for safe operation.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant 
information and 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 incorporating revised airspeed limitations and 
marking the airspeed indicator accordingly. There is also a requirement 
for the installation of a temporary placard until the airspeed 
indicator can be modified but not to exceed a certain period of time.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because it 
could result in loss of airplane structural integrity due to the 
affected airplanes being able to operate at speeds that exceed the 
speeds established in the Federal aviation regulations for safe 
operation. Therefore, we find that notice and opportunity for prior 
public comment are impracticable and that good cause exists for making 
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2011-0543 and 
Directorate Identifier 2011-CE-018-AD at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 25 airplanes of U.S. registry
    We estimate the following costs to comply with this AD:

[[Page 31802]]



                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Airplane Flight Manual Limitation,    10 work-hours x $85 per             $90             $940          $23,500
 Placard, and Airspeed Indicator       hour = $850.
 Modification.
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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

    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,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 (AD):

2011-12-02 Viking Aircraft Limited: Amendment 39-16709; Docket No. 
FAA-2011-0543; Directorate Identifier 2011-CE-018-AD.

Effective Date

    (a) This AD is effective June 2, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Viking Aircraft Limited Model DHC-3 
(Otter) airplanes, all serial numbers, that are:
    (1) equipped with a Honeywell TPE331-10 or -12JR turboprop 
engine installed per Supplemental Type Certificate (STC) SA09866SC 
(Texas Turbines Conversions, Inc.); and
    (2) certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code: 11, Placards and Markings.

Unsafe Condition

    (e) This AD was prompted by analysis that showed that airspeed 
limitations for the affected airplanes are not adjusted for the 
installation of a turboprop engine as stated in the regulations. We 
are issuing this AD to prevent of the loss of airplane structural 
integrity due to the affected airplanes being able to operate at 
speeds that exceed the speeds established in the Federal aviation 
regulations for safe operation.

Compliance

    (f) Comply with this AD within the compliance times specified, 
unless already done.

                                  Table 1--Actions, Compliance, and Procedures
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                                     Actions                                                 Compliance
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(1) Insert the following information into the Limitations section of the airplane  Before further flight after
 flight manual (AFM) or AFM supplement: ``Airspeed limitation: VMO = 144 MPH for    the effective date of this
 land/ski plane and VMO = 134 MPH for seaplane.''                                   AD.
    (i) This can be done by inserting this AD into the Limitations section of the
     AFM or AFM supplement.
    (ii) Inserting the information into the Limitations section of the AFM or AFM
     supplement may be performed by the owner/operator (pilot) holding at least a
     private pilot certificate and must be entered into the aircraft records
     showing compliance with this AD in accordance with 14 CFR Sec.  Sec.   43.9
     (a)(1)-(4) and 14 CFR 91.417(a)(2)(v). The record must be maintained as
     required by 14 CFR Sec.  Sec.   91.417, 121.380, or 135.439.
(2) Fabricate a placard using letters of at least \1/8\-inch in height with the    Within the next 10 hours time-
 following words: ``Never exceed airspeed of 144 MPH, VMO speed limit for land/     in-service (TIS) after the
 ski plane and 134 MPH, VMO speed limit for seaplane.'' Install this placard on     effective date of this AD.
 the airplane instrument panel next to the airspeed indicator within the pilot's
 clear view.
(3) Modify the airspeed indicator accordingly to reflect the above limitation.     Within the next 30 days after
 Mark the airspeed indicator with a red radial line at 144 MPH for a land/ski       the effective date of this
 plane and/or with a red radial at 134 MPH for a seaplane. This instrument          AD.
 modification must be done by an appropriately rated repair facility.
    (i) This action eliminates the need for the placard required by paragraph
     (f)(2) above.
    (ii) This action can be done instead of the placard requirement in paragraph
     (f)(2) provided it is done within the next 10 hours TIS after the effective
     date of this AD.
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[[Page 31803]]

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Fort Worth Special Certification Office, 
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 ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (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.

Related Information

    (h) For more information about this AD, contact Peter W. Hakala, 
Aerospace Engineer, FAA Rotorcraft Directorate, Fort Worth Special 
Certification Office, ASW-190, FAA, 2601 Meacham Blvd., Fort Worth, 
Texas 76137; phone: (817) 222-5145; fax: (817) 222-5785; e-mail: 
[email protected].

    Issued in Kansas City, Missouri, on May 25, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-13532 Filed 6-1-11; 8:45 am]
BILLING CODE 4910-13-P