[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4315-4318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02162]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0638; Product Identifier 2018-NM-016-AD; Amendment 
39-19552; AD 2019-02-05]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited (Type Certificate 
Previously Held by Bombardier, Inc.; Canadair Limited) Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2013-11-03, 
which applied to certain Viking Air Limited Model CL-215-1A10 and CL-
215-6B11 (CL-215T Variant) airplanes. AD 2013-11-03 required repetitive 
detailed inspections for cracking of the left-hand (LH) and right-hand 
(RH) wing lower skin, and repair if necessary. This AD requires 
repetitive borescope inspections of the LH and RH wing lower skin and 
repetitive eddy current inspections of the LH and RH wing front and 
rear lower spar caps. This AD was prompted by reports of a fractured 
wing lower rear spar cap and reinforcing strap and a report of cracking 
of the wing lower skin and rear spar. We are issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective March 22, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 22, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact Viking Air Limited, 1959 de Havilland Way, Sidney, British 
Columbia V8L 5V5, Canada; telephone +1-250-656-7227; fax +1-250-656-
0673; email [email protected]; internet http://www.vikingair.com. You may view this referenced service information at 
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0638.

Examining the AD Docket

    You may examine the AD docket on the internet at http://

[[Page 4316]]

www.regulations.gov by searching for and locating Docket No. FAA-2018-
0638; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Andrea Jimenez, Aerospace Engineer, 
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; 
fax 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2013-11-03, Amendment 39-17463 (78 FR 32353, 
May 30, 2013) (``AD 2013-11-03''). AD 2013-11-03 applied to certain 
Viking Air Limited Model CL-215-1A10 and CL-215-6B11 (CL-215T Variant) 
airplanes. The NPRM published in the Federal Register on August 2, 2018 
(83 FR 37768). The NPRM was prompted by reports of a fractured wing 
lower rear spar cap and reinforcing strap and a report of cracking of 
the wing lower skin and rear spar. The NPRM proposed to require 
repetitive borescope inspections of the LH and RH wing lower skin and 
repetitive eddy current inspections of the LH and RH wing front and 
rear lower spar caps. We are issuing this AD to address cracked wing 
structure, which could result in failure of the wing.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2013-11R1, dated 
October 16, 2017 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Viking Air Limited Model CL-215-1A10 and CL-215-
6B11 (CL-215T Variant) airplanes. The MCAI states:

    While performing modifications on a CL-215-1A10 aeroplane, an 
operator discovered that the wing lower rear spar cap and 
reinforcing strap were fractured at Wing Stations (WS) 49.5 and 50 
respectively and the rear spar web and wing lower skin were also 
cracked. It is suspected that a crack initiated at the wing lower 
spar cap, leading to its failure, the subsequent failure of the 
reinforcing strap and cracking of the spar web and wing lower skin. 
The damage was outside of the area addressed by the repetitive 
ultrasonic inspections required by [Canadian] AD CF-1992-26R2 [which 
corresponds to FAA AD 2012-11-04, Amendment 39-17067 (77 FR 32892, 
June 4, 2012)] and was found 95 hours air time after the last 
ultrasonic inspection.
    Failure and cracking of the above-noted wing structure, if not 
detected, could result in failure of the wing.
    In order to mitigate the unsafe condition, [Canadian] AD CF-
2013-11 [which corresponds to FAA AD 2013-11-03] was released. 
However, further analysis has indicated the need for repetitive eddy 
current and borescope inspections. Therefore, Revision 1 of this 
[Canadian] AD mandates a repetitive detailed inspection of the wing 
lower skin using a borescope, changes the one-time eddy current 
inspection of the lower front and rear spar caps to a repetitive 
inspection and eliminates the one-time detailed inspection with fuel 
bladders removed.
    The requirements of [Canadian] AD CF-1992-26R2 remain 
applicable.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0638.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. The following presents the comment received on the 
NPRM and the FAA's response to that comment.

Request To Use Time-in-Service Hours Rather Than Flight Hours

    The commenter, Adam Geber, recommended using time-in-service hours 
instead of flight hours in the proposed AD. The commenter stated that 
maintenance hourly requirements are based on time-in-service rather 
than flight time, as defined in 14 CFR 1.1. The commenter further 
asserted that the term ``flight hour'' is not defined in 14 CFR 1.1, 
and that many 14 CFR part 91 regulations prescribe hourly maintenance 
requirements based on time-in-service, with no requirement to track 
flight time for maintenance purposes.
    We disagree with the commenter's recommended changes, because 
flight hours, which are in current use and well understood in the 
aviation industry, are the most effective way of addressing the unsafe 
condition identified in this AD. Flight hours were used in the 
engineering evaluation for this AD, and the required actions of this AD 
are based on that evaluation. The use of flight hours in this AD is 
also in keeping with the previous related ADs, which use that measure 
for compliance times and inspection intervals. Additionally, since 
flight hours are used in this AD, operators are required to track them. 
AD requirements are not restricted by the definitions in 14 CFR 1.1 or 
the part 91 regulations quoted by commenter. We have not changed this 
AD in this regard.

Explanation of Change to Manufacturer Name Specified in AD 2013-11-03

    We have revised references to the aircraft manufacturer name 
specified in AD 2013-11-03 throughout this final rule to identify the 
aircraft manufacturer name as published in the most recent type 
certificate data sheet (TCDS) for the affected models.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule with the change described previously and minor 
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Alert Service Bulletin 215-A558, Revision 3, 
dated June 3, 2016. This service information describes procedures for 
detecting cracks using repetitive borescope inspections of the LH and 
RH wing lower skin and repetitive eddy current inspections of the LH 
and RH wing front and rear lower spar caps. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

[[Page 4317]]



                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Borescope and eddy current         8 work-hours x $85               $0  $680 per inspection  $2,720 per
 inspections.                       per hour = $680                      cycle.               inspection cycle.
                                    per inspection
                                    cycle.
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    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

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 that 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);
    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 removing Airworthiness Directive (AD) 
2013-11-03, Amendment 39-17463 (78 FR 32353, May 30, 2013), and adding 
the following new AD:

2019-02-05 Viking Air Limited (Type Certificate Previously Held by 
Bombardier, Inc.; Canadair Limited): Amendment 39-19552; Docket No. 
FAA-2018-0638; Product Identifier 2018-NM-016-AD.

(a) Effective Date

    This AD is effective March 22, 2019.

(b) Affected ADs

    This AD replaces AD 2013-11-03, Amendment 39-17463 (78 FR 32353, 
May 30, 2013) (``AD 2013-11-03'').

(c) Applicability

    This AD applies to the Viking Air Limited (Type Certificate 
previously held by Bombardier, Inc.; Canadair Limited) airplanes 
identified in paragraphs (c)(1) and (c)(2) of this AD, certificated 
in any category.
    (1) Model CL-215-1A10 airplanes, serial numbers (S/Ns) 1001 
through 1125 inclusive.
    (2) Model CL-215-6B11 (CL-215T Variant) airplanes, S/Ns 1056 
through 1125 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of a fractured wing lower rear 
spar cap and reinforcing strap and a report of cracking of the wing 
lower skin and rear spar. We are issuing this AD to address cracked 
wing structure, which could result in failure of the wing.

(f) Compliance

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

(g) Repetitive Borescope Inspection

    Within 50 flight hours after the effective date of this AD: 
Using a borescope, do a detailed inspection for cracking of the 
left-hand (LH) and right-hand (RH) wing lower skin between wing 
station (WS) 45.00 and 51.00, in accordance with Part A of 
Bombardier Alert Service Bulletin 215-A558, Revision 3, dated June 
3, 2016. Repeat the inspection thereafter at intervals not to exceed 
50 flight hours until the initial eddy current inspection required 
by paragraph (h) of this AD has been accomplished. After 
accomplishment of the initial eddy current inspection required by 
paragraph (h) of this AD, the borescope inspection interval required 
by this paragraph may be extended to 300 flight hours.

(h) Repetitive Eddy Current Inspections

    Within 300 flight hours after the effective date of this AD: Do 
an eddy current inspection for cracking of the LH and RH wing front 
and rear lower spar caps, in accordance with Parts C-1 and C-2 of 
Bombardier Alert Service Bulletin 215-A558, Revision 3, dated June 
3, 2016. Repeat the inspection thereafter at intervals not to exceed 
300 flight hours.

(i) Corrective Actions

    If any crack, as defined in Bombardier Alert Service Bulletin 
215-A558, Revision 3, dated June 3, 2016, is found during any 
inspection required by paragraph (g) or paragraph (h) of this AD: 
Before further flight, repair using a method approved by the 
Manager, New York ACO Branch, FAA; or Transport Canada Civil 
Aviation (TCCA); or Viking Air Limited's TCCA Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature.

(j) Credit for Previous Actions

    This paragraph provides credit for the initial inspections 
required by paragraphs (g) and (h) of this AD if those actions were 
performed before the effective date of this AD

[[Page 4318]]

using Bombardier Alert Service Bulletin 215-A558, Revision 1, dated 
January 10, 2014; or Bombardier Alert Service Bulletin 215-A558, 
Revision 2, dated January 17, 2014.

(k) No Reporting Requirement

    Although Bombardier Alert Service Bulletin 215-A558, Revision 3, 
dated June 3, 2016, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(l) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or TCCA; or Viking Air Limited's TCCA DAO. If approved 
by the DAO, the approval must include the DAO-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2013-11R1, dated October 16, 2017, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0638.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7330; fax 516-794-5531.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Alert Service Bulletin 215-A558, Revision 3, 
dated June 3, 2016.
    (ii) [Reserved].
    (3) For service information identified in this AD, contact 
Viking Air Limited, 1959 de Havilland Way, Sidney, British Columbia 
V8L 5V5, Canada; telephone +1-250-656-7227; fax +1-250-656-0673; 
email [email protected]; internet http://www.vikingair.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this 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/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on February 1, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-02162 Filed 2-14-19; 8:45 am]
 BILLING CODE 4910-13-P