[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13138-13141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04917]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1005; Project Identifier MCAI-2020-00709-A; 
Amendment 39-21963; AD 2022-05-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Viking Air Limited (type certificate previously held by Bombardier 
Inc.) Model DHC-3 airplanes with a certain wing strut assembly 
installed. This 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 identifies the unsafe condition as fatigue damage of 
the wing struts. This AD requires a bolt hole eddy current inspection 
of the lug plate holes, a visual and fluorescent dye penetrant 
inspection of the lug fittings, and a visual and eddy current surface 
scan inspection of the wing strut assemblies. This unsafe condition 
could lead to failure of the wing strut, which could result in an in-
flight breakup of the wing. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 13, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 13, 
2022.

ADDRESSES: For service information identified in this final rule, 
contact Viking Air Ltd., 1959 de Havilland Way, Sidney British 
Columbia, Canada V8L 5V5; phone: (800) 663-8444; email: 
[email protected]; website: https://www.vikingair.com. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust,

[[Page 13139]]

Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1005.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1005; 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 
MCAI, any comments received, and other information. The address for 
Docket Operations 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: 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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Viking Air Limited 
(formerly Bombardier Inc.) Model DHC-3 airplanes with a wing strut 
assembly part number (P/N) C3W100 (all dash numbers) installed. The 
NPRM published in the Federal Register on December 21, 2021 (86 FR 
72198). The NPRM was prompted by MCAI originated by Transport Canada, 
which is the aviation authority for Canada. Transport Canada has issued 
AD CF-2020-20, dated May 27, 2020 (referred to after this as ``the 
MCAI''), to correct an unsafe condition on Viking Air Limited (formerly 
Bombardier Inc.) Model DHC-3 airplanes. The MCAI states:

    A DHC-3 experienced an in-flight failure of a wing strut in 
October 2019. Inspection of the failed part determined that it had 
fractured and that the fracture was consistent with fatigue damage. 
The investigation of the occurrence is ongoing.
    In 1969, it was determined from fatigue testing and analysis 
that part number (P/N) C3W100 wing strut assemblies on DHC-3 that 
were used for normal operations at a maximum weight of 8000 pounds 
should be removed from service before they have accumulated more 
than 20 000 hours air time. This information, including definitions 
of normal operations, was published in Service Bulletin 3/10 dated 
26 August 1969. It was also published at the same time in Appendix 4 
Part 6, Structural Component Recommended Service Life Limits, of the 
DHC-3 Maintenance Manual PSM 1-3-2.
    It is Transport Canada Civil Aviation (TCCA) policy to mandate 
compliance with new or more restrictive airworthiness limitations 
(AWLs) by the issuance of an AD if the AWL is established after 
products that are affected by the AWL are already in service. To 
date, TCCA has not mandated compliance with the 20 000 hours air 
time life limit AWL that is applicable to P/N C3W100 wing strut 
assemblies. This AD includes a requirement to comply with the life 
limit.
    Some DHC-3 aeroplanes have been modified to permit operations at 
maximum weights above 8000 pounds. For example, TCCA Supplemental 
Type Certificate (STC) SA95-32 increases the maximum operating 
weight to 8367 pounds. This STC includes a requirement to reduce the 
life limit that is applicable to P/N C3W100 wing strut assembly from 
20 000 hours air time to 17 500 hours air time, adjusted for the 
amount of time that the wing strut assembly is used at the higher 
maximum operating weight. Because this reduced life limit has been 
in place since the initial issue of STC SA95-32 in 1995, TCCA 
considers compliance to be mandatory for all aeroplanes that have 
been modified in accordance with the STC.
    In November 2019, Viking Air Ltd. (Viking) issued Alert Service 
Bulletin (ASB) V3/0011. The ASB provides instructions for a one-time 
inspection and follow-on corrective actions for all dash numbers of 
wing strut assembly P/N C3W100. Since that time, several operators 
have reported the results of the inspection to Viking. The 
information in the operators' reports suggests that other DHC-3 wing 
struts may be at risk of failure. The inspection of the wing struts 
on five aeroplanes revealed crack indications during non-destructive 
inspection of bolt holes, seized bolts, pitting corrosion and 
fretting on the face of lug plates, scratches and gouges in the bolt 
hole of a lug plate. Failure of a wing strut could result in a 
catastrophic in-flight breakup of the wing.
    This [Transport Canada] AD mandates the accomplishment of ASB 
V3/0011 or alternative inspection instructions provided by Viking on 
wing struts that have accumulated more than 2500 hours air time as 
of the effective date of this AD. New or serviceable struts 
installed on aeroplanes after the effective date of this AD that 
accumulate more than 2500 hours air time after the effective date of 
this AD are not subject to this AD or to the ASB V3/0011 
inspections.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1005.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. This AD is 
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Viking DHC-3 Otter Alert Service Bulletin V3/0011, 
Revision NC, dated November 26, 2019. The service information specifies 
procedures for a bolt hole eddy current inspection of the lug hole on 
the lug plate P/N C3W104, a visual and fluorescent dye penetrant 
inspection of the lug fitting P/Ns C3W102 and C3W103, and a visual and 
eddy current surface scan inspection of the wing strut assembly P/N 
C3W101.
    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.

Differences Between This AD and the MCAI

    The MCAI allows an alternative inspection, obtained from the design 
approval holder, if completed within 5 months. This AD does not include 
this alternative; however, operators who choose this option may propose 
an alternative method of compliance in accordance with paragraph (h) of 
this AD.

Interim Action

    The FAA considers this AD interim action. The inspection reports 
required by this AD will be used by Viking and Transport Canada to 
determine if there is a need for further action. If additional action 
is later identified, the FAA might consider further rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 39 airplanes of U.S. 
registry. The FAA also estimates that it will take about 32 work-hours 
per airplane to comply with the inspection and repair or replacement 
requirements of this AD. The reporting requirement will take about 1 
work-hour. The average labor rate is $85 per work-hour. Required parts 
will cost about $31,415 per airplane.
    Based on these figures, the FAA estimates the cost of this AD on 
U.S. operators to be $1,334,580 or $34,220 per airplane.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the

[[Page 13140]]

costs of this AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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 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 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

    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) 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 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:

2022-05-11 Viking Air Limited (Type Certificate Previously Held by 
Bombardier Inc.): Amendment 39-21963; Docket No. FAA-2020-1005; 
Project Identifier MCAI-2020-00709-A.

(a) Effective Date

    This airworthiness directive (AD) is effective April 13, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Viking Air Limited (type certificate 
previously held by Bombardier Inc.) Model DHC-3 airplanes, all 
serial numbers, certificated in any category, with a wing strut 
assembly part number (P/N) C3W100 (all dash numbers) installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5700, Wing 
Structure.

(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 identifies the unsafe condition as fatigue damage 
of the wing struts. The FAA is issuing this AD to prevent failure of 
a wing strut. The unsafe condition, if not addressed, could result 
in an in-flight breakup of the wing.

(f) Compliance

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

(g) Required Actions

    (1) For airplanes that have not been modified with Supplemental 
Type Certificate (STC) SA00438NY: Before each wing strut assembly P/
N C3W100 accumulates 20,000 hours total time-in-service (TIS) or 
within 30 days after the effective date of this AD, whichever occurs 
later, remove the wing strut assembly P/N C3W100 from service and 
replace with a new (zero hours TIS) part. Thereafter, remove each 
wing strut assembly P/N C3W100 from service and replace with a new 
(zero hours TIS) part before accumulating 20,000 hours total TIS.
    (2) For airplanes with a wing strut assembly P/N C3W100 with 
more than 2,500 hours total TIS on the effective date of this AD, 
regardless of whether the airplane has been modified with STC 
SA00438NY: Within 30 days after the effective date of this AD, 
inspect the wing strut assembly and attachment hardware for cracks, 
corrosion, and damage, in accordance with the Accomplishment 
Instructions in Viking DHC-3 Otter Alert Service Bulletin No. V3/
0011, Revision NC, dated November 26, 2019, except you are not 
required to contact Viking.
    (3) For all affected airplanes: Within 30 days after completing 
the inspection required by paragraph (g)(2) of this AD or within 30 
days after the effective date of this AD, whichever occurs later, 
report the results of the inspection to Viking using the inspection 
reply form in Viking DHC-3 Otter Alert Service Bulletin No. V3/0011, 
Revision NC, dated November 26, 2019.

(h) 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 responsible Flight Standards 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 (i)(1) 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.

(i) Related Information

    (1) 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].
    (2) Refer to Transport Canada AD CF-2020-20, dated May 27, 2020, 
for related information. You may examine the Transport Canada AD in 
the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-1005.

[[Page 13141]]

(j) 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 the AD specifies otherwise.
    (i) Viking DHC-3 Otter Alert Service Bulletin V3/0011, Revision 
NC, dated November 26, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Viking Air Ltd., 1959 de Havilland Way, Sidney British Columbia, 
Canada V8L 5V5; phone: (800) 663-8444; email: 
[email protected]; website: https://www.vikingair.com.
    (4) 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.
    (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, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 23, 2022.
Derek Morgan,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-04917 Filed 3-8-22; 8:45 am]
BILLING CODE 4910-13-P