[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Proposed Rules]
[Pages 53076-53081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21384]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0710; Product Identifier 2019-NM-060-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Viking Air Limited Model CL-215-1A10 and CL-215-6B11 (CL-
215T Variant) airplanes. This proposed AD was prompted by reports of 
cracks on the wing lower skin under the drag angle at a certain wing 
station (WS). This proposed AD would require a one-time inspection of 
the wing lower skin under the drag angle at a certain WS to determine 
if a certain repair or modification has been accomplished; repetitive 
visual inspections of certain fuselage structures; repetitive eddy 
current inspections of the front spar along a certain WS reference 
line, the drag angle, and all fastener holes; repetitive structural gap 
checks of a certain surface; and corrective actions if necessary. This 
proposed AD would also require replacing certain rivets with certain 
fasteners, and corrective actions if necessary. The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 
18, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 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.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0710; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; fax 516-
794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0710; 
Product Identifier 2019-NM-060-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2019-07, dated March 4, 2019 (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. 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-2019-0710.
    This proposed AD was prompted by reports of cracks on the wing 
lower skin under the drag angle at a certain wing station (WS). The FAA 
is proposing this AD to address this condition, which if not detected 
and corrected, may lead to widespread fatigue damage and wing structure 
failure. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Viking has issued Alert Service Bulletin 215-A568, Revision 4, 
dated January 22, 2019. This service information describes procedures 
for a one-time inspection of the wing lower skin under the drag angle 
at a certain

[[Page 53077]]

WS to determine if a certain repair or modification has been 
accomplished; repetitive visual inspections of fastener installation 
for abnormal conditions (missed, sheared, distorted, deformed or loose 
fastener heads/collar/nuts, and corrosion) and corrective actions as 
necessary; repetitive visual inspections of the open fastener holes for 
cracks, burrs, elongation, double or mis-drilled holes, or corrosion, 
and corrective actions as necessary; repetitive visual inspections of 
drag angles, wing lower skin, lower stringers, spar lower caps/webs, 
and fuselage structures (internally and externally) where fasteners are 
removed for surface cracks or evidence of distortion and surface 
defects (scratches, gouges, nicks, scores, dents, surface pitting/
corrosion, or other surface damage), and corrective actions as 
necessary; repetitive bolt hole eddy current (BHEC) inspections of all 
identified fastener holes (except reference holes) for cracks, and 
corrective actions as necessary; repetitive eddy current surface scans 
for surface defects and cracks of the drag angle (along the bending 
radius) and all fastener holes in which crack(s) indication is 
observed, and corrective actions as necessary; repetitive structural 
gap checks of the mating surface between the wing lower skin and the 
drag angles and corrective actions as necessary; and procedures for 
replacing certain rivets with certain fasteners, and corrective actions 
as necessary. Corrective actions include, among other things, repair, 
replacement, and oversizing any affected holes.
    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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously. This proposed AD also 
would require sending the inspection results to Viking.

Differences Between This Proposed AD and the MCAI or Service 
Information

    Although Viking Alert Service Bulletin 215-A568, Revision 4, dated 
January 22, 2019, allows, for certain airplanes, the installation of 
preventative Repair Engineering Order (REO) 215-57-V022, and the 
accomplishment of certain inspections as specified in that REO, this 
proposed AD would not allow those actions to be done using REO 215-57-
V022. The FAA has determined that REO 215-57-V022 provides only generic 
instructions, not instructions tailored to the type of damage that 
might be found during the inspections required by this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 4 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 48 work-hours x $85 per hour = Up               $0  Up to $4,080..............  Up to $16,320.
 to $4,080.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed reporting requirement in this proposed AD. 
The average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $340, or $85 per product.
    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this proposed AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this NPRM is 2120-
0056. The paperwork cost associated with this NPRM has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this NPRM is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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.
    The FAA is 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 proposed 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.

[[Page 53078]]

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Viking Air Limited (Type Certificate Previously Held by Bombardier, 
Inc.; Canadair Limited): Docket No. FAA-2019-0710; Product 
Identifier 2019-NM-060-AD.

(a) Comments Due Date

    The FAA must receive comments by November 18, 2019.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Reason

    This proposed AD was prompted by reports of cracks on the wing 
lower skin under the drag angle at a certain wing station (WS). The 
FAA is issuing this AD to address this condition, which if not 
detected and corrected, may lead to widespread fatigue damage and 
wing structure failure.

(f) Compliance

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

(g) Reporting of Existing Repairs

    (1) Within 10 months after the effective date of this AD: 
Perform a one-time inspection to identify existing standard 
structural repair manual (SRM) repairs and non-standard repairs on 
the wing box between WS 355L and WS 355R in accordance with the 
Accomplishment Instructions of Viking Alert Service Bulletin 215-
A568, Revision 4, dated January 22, 2019. A review of airplane 
maintenance records is acceptable in lieu of this inspection if 
accomplishment of the repair or modification can be conclusively 
determined from that review. For the purposes of this AD, 
replacement of damaged wing box primary structural member is 
considered a ``repair.''
    (2) If, during the inspection required by paragraph (g)(1) of 
this AD, a repair or modification of the wing box between WS 355L 
and WS 355R is found: Within 11 months after the effective date of 
this AD: Submit an Inspection Reply Form with details of the repair 
or modification to Viking Air Limited via email at 
[email protected] or via fax at 1-403-295-8888, and 
request inspection instructions for the repaired or modified 
structure in accordance with the procedures specified in paragraph 
(o)(2) of this AD.

(h) Record Keeping

    Beginning no later than 30 days after the effective date of this 
AD: Record all water landings, land landings, and water drops, and 
use this data to determine compliance times for the inspections 
required by paragraph (i) of this AD. For the purposes of this AD, 
total operation cycles equals water drops plus water landings (non-
water scooping/dropping operations) plus land landings. If there are 
no records of water landings, determine total operation cycles using 
only land landings and water drops.

(i) Repetitive Actions

    Except as specified in paragraph (m) of this AD, at the earliest 
of the times specified in figure 1 to paragraphs (i), (l), and (m) 
of this AD: Do the actions specified in paragraphs (i)(1) through 
(6) of this AD. Repeat the actions thereafter at intervals not to 
exceed the earliest of the times specified in figure 2 to paragraphs 
(i) and (m) of this AD.
    (1) Perform a visual inspection of the fastener installation for 
abnormal conditions (missed, sheared, distorted, deformed or loose 
fastener heads/collar/nuts, and corrosion) in accordance with 
Section II.A.1. of the Accomplishment Instructions of Viking Alert 
Service Bulletin 215-A568, Revision 4, dated January 22, 2019.
    (2) Perform a visual inspection of the open fastener holes for 
cracks, burrs, elongation, double or mis-drilled holes, and 
corrosion in accordance with Section II.A.1. of the Accomplishment 
Instructions of Viking Alert Service Bulletin 215-A568, Revision 4, 
dated January 22, 2019.
    (3) Perform a visual inspection of the drag angles, wing lower 
skin, lower stringers, spar lower caps/webs, and fuselage structures 
(internally and externally) where fasteners are removed for surface 
cracks or evidence of distortion and surface defects in accordance 
with Section II.A.2. of the Accomplishment Instructions of Viking 
Alert Service Bulletin 215-A568, Revision 4, dated January 22, 2019.
    (4) Perform a bolt hole eddy current (BHEC) inspection of all 
identified fastener holes (except reference holes) specified in 
Figure 1 of Viking Alert Service Bulletin 215-A568, Revision 4, 
dated January 22, 2019, for any cracks in accordance with Section 
II.A.3. of the Accomplishment Instructions of Viking Alert Service 
Bulletin 215-A568, Revision 4, dated January 22, 2019.
    (5) Perform an eddy current surface scan for surface defects and 
cracks of the drag angle (along the bending radius) and all fastener 
holes in which crack(s) indication have been observed in accordance 
with Section II.A.4. of the Accomplishment Instructions of Viking 
Alert Service Bulletin 215-A568, Revision 4, dated January 22, 2019.
    (6) Perform a structural gap check between the drag angles and 
the wing lower skin in accordance with Section II.A.5. of the 
Accomplishment Instructions of Viking Alert Service Bulletin 215-
A568, Revision 4, dated January 22, 2019.
BILLING CODE 4910-13-P

[[Page 53079]]

[GRAPHIC] [TIFF OMITTED] TP04OC19.000

[GRAPHIC] [TIFF OMITTED] TP04OC19.001

(j) Corrective Actions

    If any of the findings identified in paragraphs (j)(1) through 
(6) of this AD are found, 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.
    (1) If, during any inspection required by paragraph (i)(1) of 
this AD, any abnormal condition is found.
    (2) If, during any inspection required by paragraph (i)(2) of 
this AD, any cracks, burrs, elongation, double or mis-drilled holes, 
or corrosion are found.
    (3) If, during any inspection required by paragraph (i)(3) of 
this AD, any surface cracks or evidence of distortion or surface 
defects are found.
    (4) If, during any inspection required by paragraph (i)(4) of 
this AD, any cracks are found.
    (5) If, during any inspection required by paragraph (i)(5) of 
this AD, any surface defects or cracks are found.
    (6) If, during any structural gap check required by paragraph 
(i)(6) of this AD, any gaps are found.

(k) Exception to Service Information

    Where Viking Alert Service Bulletin 215-A568, Revision 4, dated 
January 22, 2019, specifies that preventative Repair Engineering 
Order (REO) 215-57-V022 may be installed and certain inspections may 
be done as specified in that REO, this AD does not allow the use of 
that REO for compliance with this AD.

(l) Replace Rivets

    For airplanes on which the actions specified in Viking Alert 
Service Bulletin 215-A568, Revision 3, dated June 15, 2016, or 
earlier, have been accomplished: At the earliest of the times 
specified in figure 1 to paragraphs (i), (l), and (m) of this AD, 
perform a one-time replacement of installed NAS1242AD rivets with 
Titanium Hi-Lite fasteners and do a BHEC inspection of the open 
holes for cracks in accordance with the Accomplishment Instructions 
of Viking Alert Service Bulletin 215-A568, Revision 4, dated January 
22, 2019. If any crack is found, before further flight, repair 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) Initial Compliance Time for Certain Airplanes

    (1) For airplanes on which the actions specified in Viking Alert 
Service Bulletin 215-A568, Revision 3, dated June 15, 2016, or 
earlier, have not been accomplished: At the times specified in 
figure 3 to paragraph (m)(1) of this AD, accomplish the actions 
required by paragraph (i) of this AD. Repeat the actions thereafter 
at the times specified in figure 2 to paragraphs (i) and (m) of this 
AD. For the purposes of this AD, the earliest compliance time 
applies if the accumulated airplane flight times (flight hours, 
water drops, or total operation cycles) meet multiple criteria.

[[Page 53080]]

[GRAPHIC] [TIFF OMITTED] TP04OC19.002

    (2) For airplanes on which the actions specified in Viking Alert 
Service Bulletin 215-A568, Revision 3, dated June 15, 2016, or 
earlier, have been accomplished: At the times specified in figure 4 
to paragraph (m)(2) of this AD, accomplish the actions required by 
paragraph (i) of this AD. Repeat the actions thereafter at the times 
specified in figure 2 to paragraphs (i) and (m) of this AD. For the 
purposes of this AD, the earliest compliance time applies if the 
accumulated airplane flight times (flight hours, water drops, or 
total operation cycles) meet multiple criteria.

[[Page 53081]]

[GRAPHIC] [TIFF OMITTED] TP04OC19.003

(n) Reporting

    At the applicable time specified in paragraph (n)(1) or (2) of 
this AD: Report the results of the actions required by paragraph (i) 
of this AD to Viking Air Limited via email at 
[email protected] or fax at 1-403-295-8888 in 
accordance with the instructions of Viking Alert Service Bulletin 
215-A568, Revision 4, dated January 22, 2019.
    (1) If the action was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the action was done before the effective date of this AD: 
Submit the report within 30 days after the effective date of this 
AD.

(o) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (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, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions 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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW, Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2019-07, dated March 4, 
2019, 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-2019-0710.
    (2) For more information about this AD, contact Aziz Ahmed, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7329; fax 516-794-5531; email [email protected].
    (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. 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.

    Issued in Des Moines, Washington, on September 24, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-21384 Filed 10-3-19; 8:45 am]
BILLING CODE 4910-13-C