[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Proposed Rules]
[Pages 7059-7062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02547]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1076; Project Identifier MCAI-2020-01201-A]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for Viking Air Limited (Viking) (type certificate previously held by 
Bombardier Inc. and de Havilland, Inc.) Model DHC-3 airplanes. This 
proposed 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 corrosion, wear, and fatigue-
related degradation in aging aircraft. This proposed AD would require 
establishing a corrosion prevention and control program to identify and 
correct corrosion and cracking. This proposed AD would also require 
completing all of the initial tasks identified in the program and 
reporting corrosion findings to Viking. 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 March 25, 
2022.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://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.
    For service information identified in this proposed AD, contact 
Viking Air Limited Technical Support, 1959 De Havilland Way, Sidney, 
British Columbia, Canada, V8L 5V5; phone: (North America) (800) 663-
8444; fax: (250) 656-0673; email: [email protected]; 
website: https://www.vikingair.com/support/service-bulletins. You may 
view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. 
For information on the availability of this material at the FAA, call 
(817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1076; 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 MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aviation Safety Engineer, 
New York ACO Branch, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: (516) 228-7300; 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 ADDRESSES. Include ``Docket No. FAA-2020-1076; Project Identifier 
MCAI-2020-01201-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

[[Page 7060]]

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Deep 
Gaurav, Aviation Safety Engineer, New York ACO Branch, FAA, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that the 
FAA receives which is not specifically designated as CBI will be placed 
in the public docket for this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued AD CF-2018-04, dated January 19, 2018 (referred to after this as 
``the MCAI''), to correct an unsafe condition on all serial-numbered 
Viking (formerly Bombardier Inc. and de Havilland Inc.) Model DHC-3 
airplanes. The MCAI states:

    Service experience indicates that aging aircraft are more likely 
to be adversely affected by corrosion, wear and fatigue cracking. 
Viking Air Limited (Viking), as Type Certificate holder for the DHC-
3, has developed a supplementary inspection and corrosion control 
program which identifies specific areas that must be inspected to 
ensure that corrosion, wear and fatigue-related degradation do not 
result in an unsafe condition. The program is documented in Viking 
Product Support Manual (PSM) 1-3-5 DHC-3 Otter Supplementary 
Inspection and Corrosion Control Manual (SICCM).
    Corrosion levels are defined in PSM 1-3-5 as a means for 
assessing the effectiveness of the corrosion control program and 
recording the results of the inspections mandated by this [Transport 
Canada] AD.
    Each item specified for inspection in PSM 1-3-5 has been 
substantiated to Transport Canada as having experienced significant 
degradation in service and, as having the potential to develop into 
an unsafe condition if the inspections defined in the PSM are not 
implemented.

    Corrosion and cracking, if not addressed, could lead to structural 
failure with consequent loss of control of the airplane. You may 
examine the MCAI at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-1076.

Related Service Information

    The FAA reviewed Viking DHC-3 Otter Service Bulletin V3/0010, 
Revision NC, dated March 19, 2020. The service bulletin provides a list 
of new inspection tasks that have been added to the DHC-3 maintenance 
program as a supplemental corrosion prevention manual, Viking Product 
Support Manual (PSM) 1-3-5 DHC-3 Otter Supplemental Inspection and 
Corrosion Control Manual, Revision IR, dated December 21, 2017 (Viking 
PSM 1-3-5, Revision IR).
    The FAA also reviewed Viking PSM 1-3-5, Revision IR, which 
specifies procedures for inspecting areas of the airplane that are 
particularly susceptible to corrosion, wear, and fatigue-related 
degradation. Viking PSM 1-3-5, Revision IR, also specifies repetitive 
inspection intervals, defines the different levels of corrosion, and 
provides corrective action if corrosion is found.

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 this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Requirements of the Proposed AD

    This proposed AD would require establishing a corrosion prevention 
and control program approved by the FAA, including initial inspection 
tasks to identify corrosion and cracking, repetitive inspection 
intervals, and corrective actions (such as repairs and application of 
corrosion inhibitors) if corrosion or cracking is found. The proposed 
AD would also require, before further flight after establishing the 
program, completing all of the initial tasks identified in the program. 
Lastly, this proposed AD would require reporting corrosion findings to 
Viking.

ADs Mandating Airworthiness Limitations

    The FAA has previously mandated airworthiness limitations by 
issuing ADs that require revising the airworthiness limitation section 
(ALS) of the existing maintenance manual or instructions for continued 
airworthiness to incorporate new or revised inspections. This proposed 
AD, however, would require establishing and incorporating new 
inspections into the maintenance records required by 14 CFR 
91.417(a)(2) or 135.439(a)(2) for your airplane. The FAA does not 
intend this as a substantive change. Requiring incorporation of the new 
ALS requirements into the maintenance records, rather than requiring 
individual repetitive inspections and replacements, allows operators to 
record AD compliance once after updating the maintenance records, 
rather than recording compliance after every inspection and part 
replacement.

Differences Between This Proposed AD and the MCAI

    Transport Canada AD CF-2018-04 requires completing the actions as 
specified in Viking PSM 1-3-5, Revision IR. This proposed AD would not 
require Viking PSM 1-3-5, Revision IR, but would require establishing a 
corrosion prevention and control program using an FAA-approved method. 
However, the FAA considers Viking PSM 1-3-5, Revision IR, an approved 
method.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 38 airplanes of U.S. registry. The FAA also estimates that it 
would take about 145 work-hours per airplane to establish a corrosion 
prevention and control program and comply with the initial tasks of the 
program.
    Based on these figures, the FAA estimates the cost of the proposed 
AD on U.S. operators to be $468,350 or $12,325 per airplane.
    The FAA estimates it would take about 1work-hour to report any 
corrosion found during the proposed initial inspections, for an 
estimated cost of $85 per airplane.
    The extent of damage found during the proposed initial inspections 
may vary significantly from airplane to airplane. The FAA has no way to 
determine the estimated cost of repair or replacement of damaged parts 
for each airplane or how many airplanes may need these repairs.

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

[[Page 7061]]

information displays a currently 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 take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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.

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Viking Air Limited (Type Certificate Previously Held by Bombardier 
Inc. and de Havilland, Inc.): Docket No. FAA-2020-1076; Project 
Identifier MCAI-2020-01201-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 25, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Viking Air Limited (type certificate 
previously held by Bombardier Inc. and de Havilland, Inc.) Model 
DHC-3 airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2700, Flight Control 
System.

(e) Unsafe Condition

    This AD was prompted by 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 corrosion, wear, 
and fatigue-related degradation in aging aircraft. The FAA is 
issuing this AD to detect and address corrosion and cracking. This 
condition, if not addressed, could lead to structural failure with 
consequent loss of control of the airplane.

(f) Compliance

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

(g) Inspection and Corrosion Control Program

    Within 18 months after the effective date of this AD, establish 
in the maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your aircraft, a corrosion 
prevention and control program approved by the FAA that includes 
initial inspections to identify corrosion and cracking, repetitive 
inspection intervals, and corrective actions (repairs and 
application of corrosion inhibitors) if corrosion or cracking is 
found. Before further flight after establishing the corrosion 
prevention and control program, complete all of the initial tasks 
identified in the program. To obtain FAA approval, you must contact 
the New York ACO Branch using the contact information found in 
paragraph (j)(3) of this AD.
     Note 1 to paragraph (g): Viking Product Support Manual (PSM) 1-
3-5 DHC-3 Otter Supplemental Inspection and Corrosion Control 
Manual, Revision IR, dated December 21, 2017 (Viking PSM 1-3-5, 
Revision IR), contains additional information related to this AD and 
is an FAA-approved method for establishing a corrosion prevention 
and control program.
    Note 2 to paragraph (g): Viking DHC-3 Otter Service Bulletin V3/
0010, Revision NC, dated March 19, 2020 (Viking SB V3/0010, Revision 
NC), also contains additional information related to this AD.

(h) Reporting

    If, during any task required by paragraph (g) of this AD, any 
corrosion is found: Within 30 days after completing the task or 
within 30 days after the effective date of this AD, whichever occurs 
later, report the corrosion to Viking at 
[email protected] or at the address listed in 
paragraph (j)(4) of this AD. The report must include the following:
    (1) Operator;
    (2) Airplane serial number;
    (3) Airplane hours time-in-service at time of inspection;
    (4) Inspection task number and date of inspection;
    (5) Airplane operating environment; and
    (6) Type, level or extent, location, and cause (if known) of 
damage.

(i) Alternative Methods of Compliance (AMOCs)

    (1) 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 the attention of the 
person identified in paragraph (j)(3) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspection, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved specifically for this AD by the Manager, New York 
ACO Branch, FAA; or Transport Canada.

(j) Related Information

    (1) Refer to the MCAI from Transport Canada, AD CF-2018-04, 
dated January 19,

[[Page 7062]]

2018, for related information. You may examine the MCAI at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1076.
    (2) Viking SB V3/0010, Revision NC and Viking PSM 1-3-5, 
Revision IR, contain additional information related to this AD.
    (3) For more information about this AD, contact Deep Gaurav, 
Aviation Safety Engineer, New York ACO Branch, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228-7300; email: 
[email protected].
    (4) For service information related to this AD, contact Viking 
Air Limited Technical Support, 1959 De Havilland Way, Sidney, 
British Columbia, Canada, V8L 5V5; telephone: (North America) (800) 
663-8444; fax: (250) 656-0673; email: 
[email protected]; website: https://www.vikingair.com/support/service-bulletins. You may review this referenced service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on 
the availability of this material at the FAA, call (817) 222-5110.

    Issued on February 1, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02547 Filed 2-7-22; 8:45 am]
BILLING CODE 4910-13-P