[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Rules and Regulations]
[Pages 52434-52437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18383]



[[Page 52434]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0602; Project Identifier MCAI-2020-01211-A; 
Amendment 39-22143; AD 2022-17-05]
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: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2002-14-
28, which applied to all de Havilland Inc. (type certificate currently 
held by Viking Air Limited) Model DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 
Mk. III airplanes. AD 2002-14-28 established a life limit for the front 
fuselage struts and required repetitively replacing the front fuselage 
struts every 15 years or repetitively inspecting the struts for 
corrosion or fatigue damage and replacing when the damage exceeded a 
certain level. Since the FAA issued AD 2002-14-28, Transport Canada 
superseded its mandatory continuing airworthiness information (MCAI) to 
correct this unsafe condition on these products. This AD requires 
either doing recurring visual inspections, borescope inspections, and 
non-destructive inspections (NDIs) of the struts and airframe lugs with 
corrective action as necessary or replacing the struts every 15 years 
and doing recurring NDIs of the airframe lugs with corrective action as 
necessary. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective September 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
30, 2022.

ADDRESSES: For service information identified in this final rule, 
contact Viking Air Limited Technical Support, 1959 de Havilland Way, 
Sidney, British Columbia, Canada, V8L 5V5; phone: (800) 663-8444; fax: 
(250) 656-0673; email: [email protected]; website: 
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. It 
is also available at www.regulations.gov under Docket No. FAA-2022-
0602.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov under Docket 
No. FAA-2022-0602; 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: Aziz Ahmed, Aviation Safety Engineer, 
New York ACO Branch, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: (516) 228-7329; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2002-14-28, Amendment 39-12828 (67 FR 
47684, July 22, 2002) (AD 2002-14-28). AD 2002-14-28 applied to all de 
Havilland Inc. (type certificate currently held by Viking Air Limited) 
Model DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. AD 2002-
14-28 established a life limit for the front fuselage struts and 
required repetitively replacing the front fuselage struts every 15 
years or repetitively inspecting the struts for corrosion or fatigue 
damage and replacing when the damage exceeded a certain level. The FAA 
issued AD 2002-14-28 to prevent structural failure of the front 
fuselage caused by corrosion or fatigue damage to the struts that 
develops over time, which could result in reduced or loss of airplane 
control.
    The NPRM published in the Federal Register on June 7, 2022 (87 FR 
34591). The NPRM was prompted by AD CF-2020-22, dated June 5, 2020 
(referred to after this as ``the MCAI''), issued by Transport Canada, 
which is the aviation authority for Canada, which superseded its prior 
AD on this unsafe condition, AD CF-98-37R1, dated August 20, 1999. 
Transport Canada issued the MCAI to introduce a revised inspection 
schedule for the front fuselage struts from previously published 
schedules to alleviate the burden of mandatory replacement every 15 
years or ultrasonic inspections every 5 years. The MCAI states:

    Operators have reported incidents of corrosion of the DHC-2 
front fuselage struts which are installed on each side of the flight 
compartment windshield. Deterioration of the airframe lugs to which 
the struts are attached has also been reported. The actions 
specified by this [Transport Canada] AD are intended to prevent 
structural failure of the front fuselage caused by damage to the 
fuselage struts and airframe lugs that develops over time, which 
could result in the loss of airframe structural integrity.
    AD CF-98-37 issued 29 September 1998 mandated a 15-year life 
limit on the strut. It also prohibited installation of part numbers 
(P/Ns) C2FS209 and C2FS210.
    Revision 1, CF-98-37R1, introduced repetitive inspection as an 
alternative to replacement of the strut. Detailed visual inspection 
was required to begin within 12 months from the effective date of 
the [Transport Canada] AD and be repeated every 12 months regardless 
of the age of the strut. Ultrasonic thickness measurements were 
required to begin within 24 months from the effective date of the 
[Transport Canada] AD and be repeated every 5 years regardless of 
the age of the strut.
    After AD CF-98-37R1 was issued, it was determined that the 
repetitive inspections are not required to be started until the 
strut has accumulated 15 years since installation. As a result, 
Transport Canada (TC) approved several AMOCs [alternative methods of 
compliance] to authorize starting the inspections at that time.
    Since the issuance of AD CF-98-37R1, TC has received several 
Service Difficulty Reports (SDRs) indicating that the corrective 
actions of that [Transport Canada] AD have not been effective at 
controlling damage of the fuselage struts to an acceptable level.
    Viking Air Ltd. (Viking) has determined that a modified program 
of recurring visual inspection, borescope inspection and non-
destructive inspection (NDI) of the struts and airframe lugs would 
be more effective than the existing inspection program. This program 
modifies affected parts by introducing a hole to permit a borescope 
inspection if that hole does not already exist in the parts.
    To implement the modified inspection program, Viking has 
published Service Bulletin (SB) V2/0010 and Technical Bulletin (TB) 
V2/00002 that provide specific instructions for performing the 
modification, inspections and measurements required by this 
[Transport Canada] AD. The SB and TB also define the follow-on 
actions associated with those inspections and measurements.
    Viking has also developed a version of the front fuselage strut 
with improved resistance to corrosion and with provisions for 
borescope inspection. The improved struts have been assigned P/Ns 
C2FS3281A-9 (left strut) and C2FS3282A-9 (right strut).
    The corrective actions of this [Transport Canada] AD differ from 
those of AD CF-98-37R1 in the following ways:
     AD CF-98-37R1 included the details for all of the 
corrective actions, it did not require reference to other documents. 
For this [Transport Canada] AD, the details of the corrective 
actions are now specified in a SB and a TB.

[[Page 52435]]

     AD CF-98-37R1 required repetitive detailed visual 
inspection (DVI) of the airframe lugs. This [Transport Canada] AD 
requires repetitive DVI and NDI of the airframe lugs.
     AD CF-98-37R1 only permitted installation of P/Ns 
C2FS3281A and C2FS3282A. This [Transport Canada] AD permits 
installation of those parts, the superseding Viking P/Ns, parts 
installed by TC-issued or -accepted Supplemental Type Certificate 
(STC) or Part Manufacturing Approval (PMA) and Part Design Approval 
(PDA) parts that are approved for installation in DHC-2 as 
replacements for P/Ns C2FS3281A and C2FS3282A. Those are all 
approved parts.
     AD CF-98-37R1 did not specify to remove parts from the 
aeroplane to perform inspections. This [Transport Canada] AD 
requires repetitive removal of the struts from the aeroplane 
followed by a NDI of the airframe lugs. This requirement applies to 
DHC-2 where the struts are being replaced when they reach 15 years 
since installation. It also applies to DHC-2 where the struts are 
kept in service and inspected as required by the SB and TB.
     AD CF-98-37R1 required the visual inspection to start 
within 12 months from the [Transport Canada] AD effective date and 
the NDI to start within 24 months from the [Transport Canada] AD 
effective date. This [Transport Canada] AD requires the repetitive 
inspections to start no later than when the struts have accumulated 
15 years since initial installation.
     AD CF-98-37R1 required repetitive ultrasonic thickness 
measurement for all parts. This [Transport Canada] AD only requires 
that measurement if corrosion is detected during an inspection.
     AD CF-98-37R1 required visual inspection of the 
exterior surfaces of the strut with the strut installed in the 
aeroplane. For struts that have accumulated more than 15 years since 
first installation, this [Transport Canada] AD continues to require 
visual inspection of the accessible exterior surfaces of the strut 
with the strut installed. This [Transport Canada] AD also includes 
repetitive requirements for:
    [cir] Inspection of the fillet sealant;
    [cir] Borescope inspection of the interior of the strut; and
    [cir] Removal of the strut from the aeroplane followed by visual 
inspection of the entire strut and NDI of the strut end fittings.
    All TC-issued or -accepted AMOCs with AD CF-98-37R1 are 
cancelled on the effective date of this [Transport Canada] AD. Parts 
in service must be replaced or modified, inspected and maintained in 
accordance with the requirements of this [Transport Canada] AD 
unless TC approves AMOCs with the requirements of this [Transport 
Canada] AD.

    You may examine the MCAI in the AD docket at www.regulations.gov 
under Docket No. FAA-2022-0602.
    In the NPRM, the FAA proposed to require either doing recurring 
visual inspections, borescope inspections, and NDIs of the struts and 
airframe lugs with corrective action as necessary or replacing the 
struts every 15 years and doing recurring NDIs of the airframe lugs 
with corrective action as necessary. The FAA is issuing this AD to 
address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

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

Conclusion

    These products have been approved by the aviation authority of 
another country and are 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 referenced above. 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-2 Beaver Technical Bulletin No. V2/
00002, Revision `A,' dated June 20, 2019. The service information 
specifies procedures for a detailed visual, borescope, and non-
destructive testing (NDT) inspection of the front fuselage struts and 
airframe lugs.
    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.

Other Related Service Information

    The FAA reviewed Viking DHC-2 Beaver Service Bulletin No. V2/0010, 
Revision `NC,' dated April 3, 2020. The service information contains a 
detailed and revised schedule for a detailed visual inspection of the 
forward-lower and aft-upper strut attachment points on the fuselage 
(mating airframe lugs) every 12 months, borescope inspection of the 
strut interior surfaces every 5 years, NDT inspection of the fuselage 
strut fork ends and lugs every 15 years, replacement of each fuselage 
strut every 15 years, and replacement of the 5-year ultrasonic 
thickness measurement as an option to the 15-year life limit.

Costs of Compliance

    The FAA estimates that this AD affects 143 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
            Action                   Labor cost              Parts cost             airplane        operators
----------------------------------------------------------------------------------------------------------------
Visual, borescope, and NDT     80 work-hours x $85    Not applicable..........  $6,800 per       $972,400 per
 inspections of the front       per hour = $6,800                                inspection       inspection
 fuselage struts and airframe   per inspection cycle.                            cycle.           cycle.
 lugs.
Detailed visual inspection...  4 work-hours x $85     Not applicable..........  $340 per         $48,620 per
                                per hour = $340 per                              inspection       inspection
                                inspection cycle.                                cycle.           cycle.
Borescope and detailed visual  6 work-hours x $85     Not applicable..........  $510 per         $72,930 per
 inspection.                    per hour = $510 per                              inspection       inspection
                                inspection cycle.                                cycle.           cycle.
Replace left-hand fuselage     54 work-hours x $85    $2,331.40...............  $6,921.40......  $989,760.20.
 strut.                         per hour = $4,590.
Replace right-hand fuselage    54 work-hours x $85    $2,331.40...............  $6,921.40......  $989,760.20.
 strut.                         per hour = $4,590.
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    The extent of damage found during the required inspections could 
vary significantly from airplane to airplane. The FAA has no way of 
determining how much damage may be found on each airplane, the cost to 
repair damaged parts on each airplane, or the number of airplanes that 
may require repair.

[[Page 52436]]

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 has 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) 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:
0
a. Removing Airworthiness Directive 2002-14-28, Amendment 39-12828 (67 
FR 47684, July 22, 2002); and
0
b. Adding the following new airworthiness directive:

2022-17-05 Viking Air Limited (type certificate previously held by 
Bombardier Inc. and de Havilland Inc.): Amendment 39-22143; Docket 
No. FAA-2022-0602; Project Identifier MCAI-2020-01211-A.

(a) Effective Date

    This airworthiness directive (AD) is effective September 30, 
2022.

(b) Affected ADs

    This AD replaces AD 2002-14-28, Amendment 39-12828 (67 FR 47684, 
July 22, 2002) (AD 2002-14-28).

(c) Applicability

    This AD applies to Viking Air Limited (type certificate 
previously held by Bombardier Inc. and de Havilland Inc.) Model DHC-
2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5300, Fuselage 
Structure (General).

(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 the development 
of damage to the front fuselage struts and airframe lugs over time. 
The FAA is issuing this AD to address this condition. The unsafe 
condition, if not addressed, could result in failure of the front 
fuselage struts, which could lead to failure of the airframe and 
loss of airplane control.

(f) Definition of Serviceable Part

    For purposes of this AD, a ``serviceable part'' is a front 
fuselage strut that has a part number (P/N) other than P/N C2FS209 
and C2FS210 and meets the conditions in either paragraph (f)(1) or 
(2) of this AD:
    (1) Has accumulated less than 15 years since first installation 
on an airplane; or
    (2) Has accumulated 15 or more years since first installation on 
an airplane and has been inspected in accordance with the 
requirements of this AD.

(g) Compliance

    Comply with the initial actions in paragraph (h) of this AD at 
the applicable compliance time in paragraph (g)(1), (2), or (3) of 
this AD, unless already done.
    (1) For airplanes with a front fuselage strut that has been 
installed for less than 15 years as of the effective date of this 
AD: Before each front fuselage strut accumulates 15 years since 
first installation on an airplane.
    (2) For airplanes with a front fuselage strut that has been 
installed for more than 15 years as of the effective date of this AD 
or with a front fuselage strut where the date of first installation 
on an airplane is unknown and the ultrasonic inspection required by 
paragraph (d)(2) of AD 2002-14-28 has not been done within the last 
5 years: Before further flight.
    (3) For airplanes with a front fuselage strut that has been 
installed for more than 15 years as of the effective date of this AD 
or with a front fuselage strut where the date of first installation 
on an airplane is unknown and the ultrasonic inspection required by 
paragraph (d)(2) of AD 2002-14-28 has been done within the last 5 
years: Within 5 years from the date of the last ultrasonic 
inspection done in accordance with paragraph (d)(2) of AD 2002-14-
28.

(h) Initial Actions

    (1) Do the actions in paragraph (h)(1)(i) or (ii) of this AD:
    (i) Remove the front fuselage struts from service and install 
and seal serviceable parts in accordance with steps w. and y. 
through ii. of Section II.B.1. or II.B.2., as applicable to your 
airplane, of Viking DHC-2 Beaver Technical Bulletin No. V2/00002, 
Revision A, dated June 20, 2019 (Viking TB V2/00002); or
    (ii) Do visual and borescope inspections of the front fuselage 
struts and non-destructive testing (NDT) inspections of the fuselage 
strut fork ends for corrosion and cracks in accordance with steps m. 
through p. of Section II.B.1. or II.B.2., as applicable to your 
airplane, of Viking TB V2/00002, except you are not required to 
contact the manufacturer. Instead, do the actions in paragraph 
(h)(3) of this AD.
    (2) Do visual and NDT inspections of the mating airframe lug 
surfaces and bolt holes for corrosion and cracks and replace if 
necessary in accordance with steps q., r., t., and u. of Section 
II.B.1. or II.B.2., as applicable to your airplane, of Viking TB V2/
00002, except you are not required to contact the manufacturer.
    (3) If, during any inspection required by paragraph (h)(1)(ii) 
of this AD, any crack or corrosion is found, before further flight, 
do one of the following:
    (i) Remove the part from service and install and seal a 
serviceable part in accordance with steps w. and y. through ii. of 
Section II.B.1. or II.B.2., as applicable to your airplane, of 
Viking TB V2/00002; or
    (ii) If the wall thickness of the part is 0.030 inch or more, 
repair in accordance with step s.(2) of Section II.B.1. or II.B.2., 
as applicable to your airplane, of Viking TB V2/00002; or
    (iii) Repair using a method approved by the Manager, New York 
ACO Branch, FAA; Transport Canada; or Viking Air Limited's Transport 
Canada Design Organization Approval (DOA). If approved by the DOA, 
the approval must include the DOA-authorized signature.

(i) Repetitive Actions

    (1) After completing the actions in paragraphs (h)(1)(ii) and 
(2) of this AD, unless already done, do the following:
    (i) At intervals not to exceed 12 months, except when complying 
with paragraph (i)(1)(ii) or (2) of this AD, clean and visually 
inspect the front fuselage struts and airframe lugs for corrosion 
and cracking in accordance with steps n., p., and q. of Section 
II.B.1. or

[[Page 52437]]

II.B.2., as applicable to your airplane, of Viking TB V2/00002. If 
there is a crack or any corrosion, before further flight, comply 
with the actions in paragraph (h)(3)(i), (ii), or (iii) of this AD.
    (ii) At intervals not to exceed 5 years, except when complying 
with paragraph (i)(2) of this AD, do visual and borescope 
inspections of the front fuselage struts and a visual inspection of 
the airframe lugs for corrosion and cracking in accordance with 
steps m. through q. and t. of Section II.B.1. or II.B.2., as 
applicable to your airplane, of Viking TB V2/00002, except you are 
not required to contact the manufacturer. If there is a crack or any 
corrosion, before further flight, comply with the actions in 
paragraph (h)(3)(i), (ii), or (iii) of this AD.
    (2) At intervals not to exceed 15 years, repeat the actions 
required by paragraph (h) of this AD.

(j) 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 (k)(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.

(k) Related Information

    (1) For more information about this AD, contact Aziz Ahmed, 
Aviation Safety Engineer, New York ACO Branch, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228-7329; email: 
[email protected].
    (2) Refer to Transport Canada AD CF-2020-22, dated June 5, 2020, 
for more information. You may examine the Transport Canada AD in the 
AD docket at www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0602.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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-2 Beaver Technical Bulletin No. V2/00002, 
Revision `A,' dated June 20, 2019.
    (ii) [Reserved]
    (3) For Viking Air Ltd service information identified in this 
AD, contact Viking Air Limited Technical Support, 1959 de Havilland 
Way, Sidney, British Columbia, Canada, V8L 5V5; phone: (800) 663-
8444; fax: (250) 656-0673; email: [email protected]; 
website: www.vikingair.com/support/service-bulletins.
    (4) You may view this service information at 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 4, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-18383 Filed 8-25-22; 8:45 am]
BILLING CODE 4910-13-P