[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
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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]
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