[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Rules and Regulations]
[Pages 68624-68626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25046]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1420; Project Identifier AD-2022-01303-A; 
Amendment 39-22240; AD 2022-21-51]
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; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Viking Air Limited (type certificate previously held by Bombardier Inc. 
and de Havilland, Inc.) Model DHC-3 airplanes. This AD was prompted by 
multiple recent reports of cracks in the left-hand elevator auxiliary 
spar. This AD requires repetitive detailed visual inspections of the 
entire left-hand elevator auxiliary spar for cracks, corrosion, and 
previous repairs, and depending on the findings, replacement of the 
left-hand elevator auxiliary spar. This AD also requires sending the 
inspection results to the FAA. The FAA previously sent an emergency AD 
to all known U.S. owners and operators of these airplanes and is now 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 1, 2022. Emergency AD 2022-21-51, 
issued on October 4, 2022, which contained the requirements of this 
amendment, was effective with actual notice.
    The FAA must receive comments on this AD by January 3, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2022-1420; 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, any 
comments received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: James Delisio, Continued Operational 
Safety Program Manager, COS Program Management Section, Operational 
Safety Branch, FAA, 1600 Stewart Avenue, Westbury, NY 11590; phone: 
(516) 228-7300; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On October 4, 2022, the FAA issued Emergency AD 2022-21-51 (the 
emergency AD), which requires repetitive detailed visual inspections of 
the entire left-hand elevator auxiliary spar for cracks, corrosion, and 
previous repairs, and depending on the findings, replacement of the 
left-hand elevator auxiliary spar, and sending the inspection results 
to the FAA. The FAA sent the emergency AD to all known U.S. owners and 
operators of these airplanes. This action was prompted by multiple 
recent reports of cracks in the left-hand elevator auxiliary spar. The 
FAA's analysis of these reports indicates that immediate AD action is 
warranted. The FAA is issuing this AD to detect and address cracks, 
corrosion, and previous repairs to the left-hand elevator auxiliary 
spar. This condition, if not addressed, could result in elevator 
flutter leading to elevator failure, with consequent loss of control of 
the airplane. The FAA has coordinated this issue with Transport Canada, 
which is the aviation authority for Canada. Transport Canada issued AD 
CF-2018-04, dated January 19, 2018 (Transport Canada AD CF-2018-04), 
which includes a requirement for inspecting elevator assemblies for 
corrosion.
    The FAA issued a notice of proposed rulemaking that published in 
the Federal Register on February 8, 2022 (87 FR 7059) in response to 
Transport Canada AD CF-2018-04, and is currently addressing comments. 
As an interim action, the FAA issued the emergency AD, as a result of 
the recent reports, to mandate an inspection of the left-hand elevator 
auxiliary spar and replacement if necessary.

FAA's Determination

    The FAA is issuing this AD because the agency has determined that 
an unsafe condition is likely to exist or develop in other products of 
the same type design.

AD Requirements

    This AD requires repetitive detailed visual inspections of the 
entire left-hand elevator auxiliary spar for cracks, corrosion, and 
previous repairs, and depending on the findings, replacement of the 
left-hand elevator auxiliary spar. This AD also requires sending the 
inspection results to the FAA.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking.

[[Page 68625]]

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of 
Emergency AD 2022-21-51, issued on October 4, 2022, to all known U.S. 
owners and operators of these airplanes. The FAA found that the risk to 
the flying public justified waiving notice and comment prior to 
adoption of this rule because cracks in the left-hand elevator 
auxiliary spar, if not addressed, could result in elevator flutter 
leading to elevator failure, with consequent loss of control of the 
airplane. Accordingly, the FAA determined that a detailed visual 
inspection of the entire left-hand elevator auxiliary spar must be 
performed immediately. These conditions still exist, therefore, notice 
and opportunity for prior public comment are impracticable and contrary 
to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-1420; Project Identifier AD-
2022-01303-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to James 
Delisio, Continued Operational Safety Program Manager, COS Program 
Management Section, Operational Safety Branch, FAA, 1600 Stewart 
Avenue, 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.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without prior notice and comment, RFA analysis is not 
required.

Costs of Compliance

    The FAA estimates that this AD affects 68 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                  Cost on U.S.
            Action                  Labor cost            Parts cost          Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection....................  2 work-hours x     Not Applicable..........  $170 per           $11,560 per
                                 $85 per hour =                               inspection.        inspection.
                                 $170.
Reporting Requirement.........  1 work-hour x $85  Not Applicable..........  $85 per            $5,780 per
                                 per hour = $85.                              inspection.        inspection.
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    The FAA estimates the following costs to do any necessary 
replacement that would be required based on the results of the 
inspection to the left-hand elevator auxiliary spar. The agency has no 
way of determining the number of airplanes that might need this 
replacement:

                                               On-Condition Costs
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                                                                                                     Cost  per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Left-hand elevator auxiliary spar replacement.  16 work-hours x $85 per hour =              $265          $1,625
                                                 $1360.
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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 be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data

[[Page 68626]]

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2022-21-51 Viking Air Limited (type certificate previously held by 
Bombardier Inc. and de Havilland, Inc.): Amendment 39-22240; Docket 
No. FAA-2022-1420; Project Identifier AD-2022-01303-A.

(a) Effective Date

    The FAA issued Emergency Airworthiness Directive (AD) 2022-21-
51, on October 4, 2022, directly to affected owners and operators. 
As a result of such actual notice, that AD was effective for those 
owners and operators on the date it was provided. This AD contains 
the same requirements as that emergency AD and, for those who did 
not receive actual notice, is effective on December 1, 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 5520, Elevator 
Structure.

(e) Unsafe Condition

    This AD was prompted by multiple recent reports of cracks in the 
left-hand elevator auxiliary spar. The FAA's analysis of these 
reports indicates that immediate AD action is warranted. The FAA is 
issuing this AD to detect and address cracks, corrosion, and 
previous repairs to the left-hand elevator auxiliary spar. The 
unsafe condition, if not addressed, could result in elevator flutter 
leading to elevator failure, with consequent loss of control of the 
airplane.

(f) Compliance

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

(g) Definition of Corrosion

    The definition of Levels 1, 2, and 3 corrosion are specified in 
Advisory Circular 43-4B, Corrosion Control for Aircraft, dated 
September 11, 2018. You may find this document at drs.faa.gov/search.

(h) Inspection

    (1) Within 10 hours time-in-service (TIS) or 3 days after 
effective date of this AD, whichever occurs first, unless already 
done within the last 90 days, and thereafter at intervals not to 
exceed 110 hours TIS, remove the left-hand elevator tab from the 
elevator and perform a detailed visual inspection of the entire 
left-hand elevator auxiliary spar for cracks, corrosion, and 
previous repairs. For the purposes of this AD, structural 
reinforcements are not considered previous repairs.
    (2) If any crack, corrosion beyond Level 1, or previous repair 
is found during any inspection required by this AD, before further 
flight, replace the left-hand elevator auxiliary spar.

(i) Reporting Requirements

    Within 10 days after each inspection, report the results of the 
inspection to the FAA at [email protected]. Include the 
airplane serial number, airplane hours TIS, auxiliary spar TIS (if 
known), and any crack, corrosion beyond Level 1, or previous repair 
that is found.

(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 New York ACO Branch, mail it to ATTN: Program 
Manager, Continuing Operational Safety, at the address identified in 
paragraph (k) of this AD or email to: [email protected]. If 
mailing information, also submit information by email.
    (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

    For more information about this AD, contact James Delisio, 
Continued Operational Safety Program Manager, COS Program Management 
Section, Operational Safety Branch, FAA, 1600 Stewart Avenue, 
Westbury, NY 11590; phone: (516) 228-7300; email: [email protected].

(l) Material Incorporated by Reference

    None.

    Issued on November 4, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25046 Filed 11-14-22; 4:15 pm]
BILLING CODE 4910-13-P