[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67629-67636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21631]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0190; Project Identifier 2019-CE-048-AD; Amendment 
39-22556; AD 2023-19-06]
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) 64-09-03, 
which applied to all de Havilland (type certificate now held by Viking 
Air Limited (Viking)) Model DHC-2 ``Beaver'' airplanes. AD 64-09-03 
required inspecting the aileron mass balance weight arms for cracks and 
corrosion and replacing any damaged part. Since the FAA issued AD 64-
09-03, Transport Canada superseded its mandatory continuing 
airworthiness information (MCAI) to correct an unsafe condition on 
these products. This AD requires incorporating into the existing 
maintenance records for your airplane the actions and associated 
thresholds and intervals, including life limits, specified in a 
supplemental inspection and corrosion control manual for Model DHC-2 
airplanes. This AD also requires completing all of the initial tasks 
identified in this manual and reporting certain corrosion findings to 
Viking. The actions in this supplemental inspection and corrosion 
control manual include the inspection of the aileron balance weight 
arms required by AD 64-09-03. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 6, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 6, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0190; 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

[[Page 67630]]

W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     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: 
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.

FOR FURTHER INFORMATION CONTACT: James Delisio, Continued Operational 
Safety Program Manager, FAA, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; phone: (516) 228-7321; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to supersede 
AD 64-09-03, Amendment 718 (29 FR 5390, April 22, 1964) (AD 64-09-03). 
AD 64-09-03 applied to all de Havilland (type certificate now held by 
Viking Air Limited) Model DHC-2 ``Beaver'' airplanes. AD 64-09-03 
required repetitively inspecting the aileron mass balance weight arms 
for cracks and corrosion and replacing any damaged part. AD 64-09-03 
resulted from cracks and corrosion found on aileron mass balance weight 
arm part numbers (P/Ns) C2WA151, C2WA152, C2WA127, and C2WA128. The FAA 
issued AD 64-09-03 to address corrosion-related degradation of the 
aileron mass balance weight arms which, if not addressed, could lead to 
structural failure with consequent loss of control of the airplane.
    The NPRM published in the Federal Register on February 8, 2022 (87 
FR 7065); corrected February 18, 2022 (87 FR 9274). The NPRM was 
prompted by AD CF-2019-25, dated July 19, 2019 (referred to after this 
as the MCAI), issued by Transport Canada, which is the aviation 
authority for Canada. The MCAI states that it supersedes prior 
Transport Canada ADs related to a supplementary inspection and 
corrosion control program for aging airplanes, which identifies 
specific locations of an airplane that must be inspected to ensure 
corrosion-related degradation does not result in an unsafe condition. 
The MCAI continues to require the tasks included in the initial issue 
of Viking, DHC-2 Beaver Supplemental Inspection and Corrosion Control 
Manual, PSM 1-2-5, dated June 21, 2017, and requires additional 
inspections for components of airframe systems other than flight 
controls, which are included in Viking DHC-2 Beaver Supplemental 
Inspection and Corrosion Control Manual, PSM 1-2-5, Revision 1, dated 
January 10, 2019 (Viking PSM 1-2-5, Revision 1). Corrosion-related 
degradation, if not addressed, could lead to structural failure with 
consequent loss of control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0190.
    In the NPRM, the FAA proposed to require establishing a corrosion 
prevention and control program approved by the FAA. In the NPRM, the 
FAA also proposed to require completing all of the initial tasks 
identified in the program and reporting corrosion findings to Viking.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 to supersede AD 64-09-03. The SNPRM published 
in the Federal Register on April 25, 2023 (88 FR 24927). The SNPRM was 
prompted by the FAA's decision to revise the proposed actions specified 
in the NPRM and to reopen the comment period to allow the public the 
chance to comment on whether the proposed AD would have a significant 
economic impact on a substantial number of small entities. In the 
SNPRM, the FAA proposed to require incorporating into the existing 
maintenance records for your airplane the actions and associated 
thresholds and intervals, including life limits, specified in Parts 2 
and 3 of Viking PSM 1-2-5, Revision 1, completing all the initial tasks 
identified in Viking PSM 1-2-5, Revision 1, and reporting to Viking any 
Level 2 or Level 3 corrosion findings. The FAA is issuing this AD to 
address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from three individuals. The following 
presents the comments received on the SNPRM and the FAA's response to 
each comment.

Request To Withdraw NPRM and SNPRM

    One individual commenter requested that the FAA reconsider issuing 
the proposed AD and a second individual commenter requested that the 
FAA withdraw the proposed rulemaking. The first commenter noted that 
during an annual inspection, a licensed Airframe and Powerplant (A&P) 
mechanic can determine if an airplane has been properly maintained and 
if corrosion is present. This commenter indicated that, by issuing the 
proposed AD, the FAA would force many operators and pilots to give up 
their airplanes due to exorbitant costs. This commenter stated that 
because one or two airplanes were found with extensive corrosion, all 
Model DHC-2 airplanes should not be placed in the same category and 
that ``the Beaver'' is one of the finest built airplanes and should be 
respected as such.
    The second individual commenter stated that the FAA must stop broad 
brushing all airplanes of a certain build as the same. The commenter 
noted that a Model DHC-2 ``Beaver'' built in 1948 is not the same as 
one built in 1967 and that the lifetime use of service and 
environmental conditions determine an airplane's risk factors. The 
commenter explained that many Beavers have thousands of pages of flight 
records spanning over 70 years that allow owners and maintainers to 
subjectively evaluate an airplane's condition and operating 
environments; therefore, based on the points above, the FAA should 
immediately withdraw the proposed rulemaking because it lacks merit.
    The FAA acknowledges the commenters' concerns regarding the impact 
this final rule will have on operators and pilots. As noted by the 
first commenter, Model DHC-2 airplanes are currently required to 
perform annual and 100-hour inspections, including inspections for 
corrosion, that are required by the Federal Aviation Regulations. The 
FAA does not agree that these current regulations require the same 
inspections as those proposed in the SNPRM. The inspections proposed in 
the SNPRM are focused on certain areas of the airplane and are more 
detailed than those covered in the required annual or 100-hour 
inspections. The inspections required by this AD are part of a 
supplemental inspection and corrosion prevention program that is 
included in Parts 2 and 3 of Viking PSM 1-2-5, Revision 1. These 
inspection types and intervals address locations or parts that are not 
currently required to be inspected as part of annual or 100-hour 
inspections in existing regulations. These new inspections and 
intervals are needed to detect and address corrosion, which could lead 
to structural failure with consequent loss of control of the airplane.

[[Page 67631]]

    The FAA also acknowledges the first commenter's concern regarding 
the ``exorbitant cost'' of complying with the requirements of this AD 
that could result in operators and pilots having to give up their 
airplanes. Under 14 CFR 39.1, issuance of an AD is based on the finding 
that an unsafe condition exists or is likely to develop in aircraft of 
a particular type design. An aging airplane requires more attention 
during maintenance procedures and, at times, more frequent inspections 
of structural components to detect damage due to environmental 
deterioration, accidental damage, and fatigue. The unsafe condition 
addressed in this final rule includes undetected corrosion, which could 
lead to structural failure and consequent loss of control of the 
airplane. Inspections and repairs are therefore necessary to detect and 
correct such corrosion before it leads to structural failure.
    In response to both commenters' statements that all Model DHC-2 
airplanes should not be placed in the same category, the FAA has 
determined that an unsafe condition exists or is likely to exist or 
develop in other products of the same type design. In this case, the 
FAA independently reviewed the MCAI and related service information and 
determined an unsafe condition exists and an AD is needed to address 
that unsafe condition. Further, it is within the FAA's authority and 
responsibility to issue ADs to require actions to address unsafe 
conditions that are not otherwise being addressed (or are not addressed 
adequately) by routine maintenance procedures.
    The FAA has not changed this AD regarding this issue.

Request for Clarification Regarding Conflicting AD Requirements for the 
Affected Models

    One individual commenter requested clarification regarding what 
operators should do if there are conflicts between the requirements 
specified in the SNPRM and the requirements of existing ADs for the 
affected airplanes. The commenter noted that AD 2008-11-11, Amendment 
39-15533 (73 FR 34611, June 18, 2008) (AD 2008-11-11) specifies a 
fluorescent penetrant inspection for cracks in the front spar center 
section web of the tailplane, while task C55-10-02 in Viking PSM 1-2-5, 
Revision 1, allows using a fluorescent penetrant or an eddy current 
inspection, which seems contradictory.
    The FAA acknowledges the commenter's concern. The FAA has reviewed 
all potentially related ADs against the proposed requirements in the 
SNPRM and determined that other than AD 64-09-03, no other ADs need to 
be superseded or rescinded. Any other ADs involving inspections for 
corrosion on the affected airplanes require either inspections for 
different parts or locations on an airplane or the inspections are not 
as in-depth or repetitive; therefore, they do not overlap with the 
inspections required by this AD. This includes the requirements of AD 
2008-11-11, which requires inspecting a different airplane part than 
the part specified in task C55-10-02 of Viking PSM 1-2-5, Revision 1.
    The FAA has not changed this AD regarding this issue.

Request To Revise Requirements Based on Airplane Usage Conditions

    One individual commenter requested that the SNPRM be revised to 
provide different requirements based on how an airplane is used. The 
commenter suggested that instead of using a broad approach and 
including all Model DHC-2 airplanes, the FAA should use a logical 
evaluation process and consider the following parameters to determine 
if an airplane's airworthiness might be compromised due to corrosion: 
operating environment (exposure to saltwater); commercial or private 
use; stress on the airframe due to repetitive flights with heavy loads; 
total flight hours on the airframe; airplane history (has it been 
partially or completely rebuilt); and maintenance history.
    The FAA disagrees with the commenter's request to change the SNPRM 
based on different airplane operational usage. There is no current 
requirement to track the hours spent flying in different conditions or 
types of water. Additionally, operators may not know an airplane's 
entire flight or maintenance history. Without this detailed knowledge 
of each airplane, it would be impossible for the FAA to develop a 
special set of inspections based on airplane usage conditions. However, 
operators may submit a proposal for revised requirements by requesting 
an alternative method of compliance (AMOC) using the procedures 
specified in paragraph (i) of this AD.
    The FAA has not changed this AD regarding this issue.

Request To Revise Costs of Compliance

    One individual commenter requested that the FAA revise the labor 
rate in the Costs of Compliance section of the SNPRM. The commenter 
noted that the FAA's estimate of $85 per hour is not accurate and that 
the current labor rate for an experienced DHC-2/3 airplane mechanic is 
greater than $110 per hour, depending on where in the United States the 
work is being performed. The commenter also mentioned that public 
comments on the NPRM that is related to the SNPRM stated that DHC-2 
mechanic rates are $110 to $150 per hour, depending on the geographic 
regions where the work is being performed. The commenter added that the 
proposed costs do not consider the current shortage of qualified 
mechanics able to do the inspections.
    The FAA agrees that the labor rate of $85 per work-hour is dated 
but disagrees with the commenter's estimate of $110 to $150 per hour. 
The FAA notes that the current wage rate for aviation mechanics as 
provided by the Bureau of Labor Statistics, found at www.bls.gov/oes/current/oes493011.htm, after accounting for fringe benefits that are 
valued at roughly 50% of the nominal wage, is lower than the estimated 
fully burdened labor rate (a labor rate with fringe benefits included) 
of $85 per work-hour; therefore, the FAA is unable to justify 
increasing the labor rate from $85 per work-hour. The FAA continues to 
use the higher $85 per work-hour figure in order to provide a 
conservative estimate of the costs.
    Regarding the commenter's statement that the wage rate for DHC-2 
mechanics varies geographically, the commenter did not provide any 
documentation or references to support this statement. Furthermore, 
unless the distribution of DHC-2 airplanes also varies along the same 
geography, using an average rate captures the average effect, including 
any higher wages; therefore, the FAA has not added a geographical 
adjustment into its assessment.
    The FAA acknowledges the commenter's concerns regarding labor 
shortages, although this does not affect the cost of this final rule.
    The FAA has not changed this AD regarding this issue.

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, 
considered the comments received, 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. Except for 
minor editorial changes, this AD is adopted as proposed in the SNPRM.

[[Page 67632]]

ADs Mandating Airworthiness Limitations (ALS)

    The FAA has previously mandated airworthiness limitations by 
issuing ADs that require revising the ALS of the existing maintenance 
manual or instructions for continued airworthiness to incorporate new 
or revised inspections. This AD, however, requires establishing and 
incorporating new inspections into the existing 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 existing maintenance 
records, rather than requiring individual repetitive inspections and 
replacements, allows operators to record AD compliance once after 
updating the existing maintenance records, rather than recording 
compliance after every inspection and part replacement.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Viking PSM 1-2-5, Revision 1, which specifies 
procedures for inspecting locations of the airplane that are 
particularly susceptible to corrosion-related degradation and includes 
repetitive inspection intervals, defines the different levels of 
corrosion, and provides corrective action if corrosion is found.
    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 ADDRESSES.

Other Related Service Information

    The FAA reviewed Viking DHC-2 Beaver Service Bulletin V2/0011, 
Revision NC, dated November 28, 2019. This service information provides 
a list of new inspection tasks that have been added to the DHC-2 
supplementary inspection and corrosion control program, Viking PSM 1-2-
5, Revision 1.

Impact on Intrastate Aviation in Alaska

    In light of the heavy reliance on aviation for intrastate 
transportation in Alaska, the FAA has fully considered the effects of 
this final rule (including costs to be borne by affected operators) 
from the earliest possible stages of AD development. As previously 
stated, 14 CFR part 39 requires operators to correct an unsafe 
condition identified on an airplane to ensure operation of that 
airplane in an airworthy condition. The FAA has determined that the 
need to correct corrosion-related degradation in aging aircraft, which 
could lead to structural failure with consequent loss of control of the 
airplane, outweighs any impact on aviation in Alaska.

Costs of Compliance

    The FAA estimates that this AD affects 409 airplanes of U.S. 
registry. The FAA also estimates that it will take about 1 work-hour 
per airplane at a labor rate of $85 per work-hour to revise the 
existing maintenance records.
    Based on these figures, the FAA estimates the cost of this AD on 
U.S. operators to be $34,765 or $85 per airplane.
    The FAA estimates it will take about 1 work-hour to report any 
Level 2 corrosion found during the initial or subsequent inspections or 
any Level 3 corrosion found during the initial or subsequent 
inspections, for an estimated cost of $85 per airplane.

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 Flexibility Determination

    The Regulatory Flexibility Act of 1980, Public Law 96-354, 94 Stat. 
1164 (5 U.S.C. 601-612) (RFA) establishes as a principle of regulatory 
issuance that agencies shall endeavor, consistent with the objectives 
of the rule and of applicable statutes, to fit regulatory and 
informational requirements to the scale of the businesses, 
organizations, and governmental jurisdictions subject to regulation.
    To achieve this principle, agencies are required to solicit and 
consider flexible regulatory proposals and to explain the rationale for 
their actions to assure that such proposals are given serious 
consideration. The RFA covers a wide-range of small entities, including 
small businesses, not-for-profit organizations, and small governmental 
jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    The FAA published an Initial Regulatory Flexibility Analysis (IRFA) 
for this rule to aid the public in commenting on the potential impacts 
to small entities. The FAA considered the public comments in developing 
the final rule and this Final Regulatory Flexibility Analysis (FRFA). A 
FRFA must contain the following:
    (1) A statement of the need for, and objectives of, the rule;
    (2) A statement of the significant issues raised by the public 
comments in response to the IRFA, a statement of the assessment of the 
agency of such issues, and a statement of any changes made in the 
proposed rule as a result of such comments;
    (3) The response of the agency to any comments filed by the Chief 
Counsel for Advocacy of the Small Business Administration (SBA) in 
response to the proposed rule, and a detailed statement of any change 
made to the proposed rule in the final rule as a result of the 
comments;
    (4) A description of and an estimate of the number of small 
entities to which the rule will apply or an explanation of why no such 
estimate is available;

[[Page 67633]]

    (5) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record; and
    (6) A description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.

1. Need for and Objectives of the Rule

    The NPRM proposed to supersede AD 64-09-03, which applied to all de 
Havilland (type certificate now held by Viking) Model DHC-2 ``Beaver'' 
airplanes, because after the FAA issued AD 64-09-03, Transport Canada 
superseded its MCAI to identify specific locations of an airplane that 
must be inspected to ensure corrosion-related degradation does not 
result in an unsafe condition. This final rule requires incorporating 
into the existing maintenance records for your airplane the actions and 
associated thresholds and intervals, including life limits, specified 
in a supplemental inspection and corrosion control manual for Model 
DHC-2 airplanes. This final rule also requires completing all the 
initial tasks identified in this manual and reporting certain corrosion 
findings to Viking. The actions in this supplemental inspection and 
corrosion control manual include the inspection of the aileron balance 
weight arms required by AD 64-09-03.

2. Significant Issues Raised in Public Comments

    The FAA received comments related to costs from three individual 
commenters. The following presents the significant issues in the 
comments received on the SNPRM and the FAA's response to each comment.

Request To Revise Requirements Based on Airplane Usage Conditions

    Two commenters requested that the SNPRM be revised to have 
different requirements based on how the airplane is used, including but 
not limited to corrosion level, operating environment (e.g., near salt 
water), commercial or private use, and airplane history.
    The FAA disagrees with the commenters' requests to change the SNPRM 
based on airplane operational usage. There is no current requirement to 
track the hours spent flying in different conditions or types of water. 
Additionally, operators may not know an airplane's entire flight or 
maintenance history. Without this detailed knowledge of each airplane, 
it would be impossible for the FAA to develop a special set of 
inspections based on airplane usage conditions. However, operators may 
submit a proposal for revised requirements by requesting an AMOC using 
the procedures specified in paragraph (i) of this AD. The FAA has not 
changed this AD regarding this issue.

Request To Revise Costs of Compliance: Labor Rate

    One commenter requested that the FAA revise the labor rate in the 
Costs of Compliance section of the SNPRM. The commenter noted that 
current labor rates are anywhere from $110 to $150 per hour and added 
that the proposed costs do not consider the current shortage of 
qualified mechanics able to do the inspections.
    The FAA agrees that the labor rate of $85 per work-hour provided in 
the SNPRM is dated but disagrees with the provided estimate of $110 to 
$150 per hour provided by the commenter. The FAA notes that the current 
wage rate for aviation mechanics as provided by the Bureau of Labor 
Statistics, found at www.bls.gov/oes/current/oes493011.htm, after 
accounting for fringe benefits that are valued at roughly 50% of the 
nominal wage, is lower than the estimated fully burdened labor rate (a 
labor rate with fringe benefits included) of $85 per work-hour. 
Therefore, the FAA is unable to justify increasing the labor rate from 
$85 per work-hour. The FAA continues to use the higher $85 per work-
hour figure in order to provide a conservative estimate of the costs.
    The commenter also indicated that the wage rate for DHC-2 mechanics 
varies geographically but did not provide any documentation or 
references to support this statement. Furthermore, unless the 
distribution of DHC-2 airplanes also varies along the same geography, 
using an average rate captures the average effect, including any higher 
wages; therefore, the FAA has not added a geographical adjustment into 
its assessment.

3. Response to SBA Comments

    The Chief Counsel for Advocacy of the SBA did not file any comments 
in response to the SNPRM. Thus, the FAA did not make any changes to 
this final rule.

4. Small Entities to Which the Rule Will Apply

    The FAA used the definition of small entities in the RFA for this 
analysis. The RFA defines small entities as small businesses, small 
governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3), 
the RFA defines ``small business'' to have the same meaning as ``small 
business concern'' under section 3 of the Small Business Act. The Small 
Business Act authorizes the SBA to define ``small business'' by issuing 
regulations.
    SBA (2022) has established size standards for various types of 
economic activities, or industries, under the North American Industry 
Classification System (NAICS).\1\ These size standards generally define 
small businesses based on the number of employees or annual receipts.
---------------------------------------------------------------------------

    \1\ Small Business Administration (SBA). 2022. Table of Size 
Standards. Effective July 14, 2022. https://www.sba.gov/document/support-table-size-standards.
---------------------------------------------------------------------------

    The FAA Civil Aircraft Registry shows 409 Model DHC-2 Mk. I, DHC-2 
Mk. II, and DHC-2 Mk. III airplanes that will be affected by this AD. 
These 409 airplanes are registered to 235 private businesses, 76 
individuals, and 3 government agencies. The 76 individuals and 3 
government agencies are excluded from this analysis as the RFA does not 
apply to individuals and the 3 government agencies are not small 
entities as defined by the RFA.\2\
---------------------------------------------------------------------------

    \2\ Two airplanes are registered to the U.S. Department of the 
Interior. Five airplanes are registered to the United States Forest 
Service, within the U.S. Department of Agriculture. Two airplanes 
are registered to the State of Alaska to the Alaska Department of 
Fish & Game. These government agencies and are not small entities 
under the RFA.
---------------------------------------------------------------------------

    Three hundred nineteen (319) airplanes are owned and operated by 
235 private entities. A sample of 50 private businesses was randomly 
selected for the analysis.\3\ Of the 50 sampled entities, 45 were found 
to be small. The results of the cost impact analysis for these 45 small 
entities are shown in Table 1 and will be discussed in the following 
section.
---------------------------------------------------------------------------

    \3\ The sample was selected by shuffling the order of the list 
of 409 DHC-2 airplanes in the FAA Registry and going down the 
randomized list. If revenue and employee count data were available, 
it was included in the sample; otherwise, it was excluded. This 
process was repeated until 50 firms, for which revenue and employee 
data were available, had been added to the sample. The shuffling was 
accomplished by giving each entry in the registry an index value 
between 0 and 1 using Excel's RAND function. The entries were then 
sorted by that index value to randomize their order.
---------------------------------------------------------------------------

    As can be seen, the impacts range from nearly 0%, to a maximum of 
0.5%. The average impact is 0.1%, and the median impact rounds to 0.0%. 
As

[[Page 67634]]

such, the FAA has determined that this rule will not significantly 
impact a substantial number of small entities.

                                                         Table 1--Cost Impact on Small Entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Cost/
             Operator                FAA Registry type    DHC-2 A/C   Revenues      Cost     revenue     NAICS      Size standard       NAICS industry
                                                                      ($1,000)                 (%)        code
--------------------------------------------------------------------------------------------------------------------------------------------------------
ALASKAS FISHING UNLIMITED INC....  Non-Citizen Corp....           1          79     $170.0        0.2     721214  $8 mn............  Recreational and
                                                                                                                                      Vacation Camps
                                                                                                                                      (except
                                                                                                                                      Campgrounds).
DOUGLAS AVIATION LTD.............  Corporation.........           2          90      340.0        0.4     541990  $17 mn...........  All Other
                                                                                                                                      Professional,
                                                                                                                                      Scientific and
                                                                                                                                      Technical
                                                                                                                                      Services.
NORTHSTAR HOLDINGS LLC...........  LLC.................           3         110      510.0        0.5     551112  $40 mn...........  Offices of Other
                                                                                                                                      Holding Companies.
RHK OF KANSAS....................  Corporation.........           1         110      170.0        0.2     541110  $13.5 mn.........  Offices of Lawyers.
SUMMIT LEASING LLC...............  LLC.................           1         110      170.0        0.2     532490  $35 mn...........  Other Comm'l & Ind.
                                                                                                                                      Machinery and
                                                                                                                                      Equip. Rental &
                                                                                                                                      Leasing.
JESPERSEN AIRCRAFT SERVICES INC..  Corporation.........           3         113      510.0        0.4     481219  $22 mn...........  Other Nonscheduled
                                                                                                                                      Air
                                                                                                                                      Transportation.
KATMAI AIR LLC...................  LLC.................           1         117      170.0        0.1     532411  $40 mn...........  Comm'l Air, Rail, &
                                                                                                                                      Water Transp.
                                                                                                                                      Equip. Rental and
                                                                                                                                      Leasing.
MUSTANG HIGH FLIGHT LLC..........  LLC.................           1         127      170.0        0.1     334511  1250 emp.........  Search, Detect.,
                                                                                                                                      Nav., Guid.,
                                                                                                                                      Aero., & Naut.
                                                                                                                                      Systems & Inst.
                                                                                                                                      Mfg.
FLIGHT MANAGEMENT LLC............  LLC.................           2         161      340.0        0.2     561110  $11 mn...........  Office
                                                                                                                                      Administrative
                                                                                                                                      Services.
--------------------------------------------------------------------------------------------------------------------------------------------------------
NEWHALEN LODGE INC...............  Corporation.........           3         165      510.0        0.3     721199  $8 mn............  All Other Traveler
                                                                                                                                      Accommodation.
4R AVIATION LLC..................  LLC.................           1         177      170.0        0.1     336411  1500 emp.........  Aircraft
                                                                                                                                      Manufacturing.
RAINBOW KING LODGE INC...........  Corporation.........           2         209      340.0        0.2     721199  $8 mn............  All Other Traveler
                                                                                                                                      Accommodation.
DOYON AIRCRAFT LEASING LLC.......  LLC.................           1         250      170.0        0.1     532411  $40 mn...........  Comm'l Air, Rail, &
                                                                                                                                      Water Transp.
                                                                                                                                      Equip. Rental and
                                                                                                                                      Leasing.
KENMORE CREW LEASING INC TRUSTEE.  Corporation.........           1         278      170.0        0.1     532490  $35 mn...........  Other Comm'l & Ind.
                                                                                                                                      Machinery and
                                                                                                                                      Equip. Rental &
                                                                                                                                      Leasing.
COMANCHE FIGHTERS LLC............  LLC.................           1         301      170.0        0.1     813930  $14.5 mn.........  Labor Unions and
                                                                                                                                      Similar Labor
                                                                                                                                      Organizations.
BAY AIR INC......................  Corporation.........           1         307      170.0        0.1     481111  1500 emp.........  Scheduled Passenger
                                                                                                                                      Air
                                                                                                                                      Transportation.
COYOTE AIR LLC...................  LLC.................           2         310      340.0        0.1     481211  1500 emp.........  Nonscheduled
                                                                                                                                      Chartered
                                                                                                                                      Passenger Air
                                                                                                                                      Transp.
KINGFISHER AIR INC...............  Corporation.........           1         366      170.0        0.0     481219  $22 mn...........  Other Nonscheduled
                                                                                                                                      Air
                                                                                                                                      Transportation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
ASSOCIATED LEASING LLC...........  LLC.................           1         500      170.0        0.0     532490  $35 mn...........  Other Comm'l & Ind.
                                                                                                                                      Machinery and
                                                                                                                                      Equip. Rental &
                                                                                                                                      Leasing.
TIKCHIK NARROWS LODGE INC........  Corporation.........           3         720      510.0        0.1     721214  $8 mn............  Recreational and
                                                                                                                                      Vacation Camps
                                                                                                                                      (except
                                                                                                                                      Campgrounds).
NORTHWEST SEAPLANES INC..........  Corporation.........           3         750      510.0        0.1     481111  1500 emp.........  Scheduled Passenger
                                                                                                                                      Air
                                                                                                                                      Transportation.
SNOW MOUNTAIN ENTERPRISES LLC....  LLC.................           1         750      170.0        0.0     532000  $8 mn............  Rental and Leasing
                                                                                                                                      Services, N.F.S.
ISLAND WINGS AIR SERVICE LLC.....  LLC.................           2         956      340.0        0.0     481211  1500 emp.........  Nonscheduled
                                                                                                                                      Chartered
                                                                                                                                      Passenger Air
                                                                                                                                      Transp.
TVPX AIRCRAFT SOLUTIONS INC        Corporation.........           3       1,157      510.0        0.0     336310  1000 emp.........  Motor Vehicle
 TRUSTEE.                                                                                                                             Gasoline Engine
                                                                                                                                      and Engine Parts
                                                                                                                                      Mfg.
SHELDON AIR SERVICE LLC..........  LLC.................           1       1,400      170.0        0.0     481219  $22 mn...........  Other Nonscheduled
                                                                                                                                      Air
                                                                                                                                      Transportation.
TALKEETNA AIR TAXI INC...........  Corporation.........           1       1,635      170.0        0.0     481219  $22 mn...........  Other Nonscheduled
                                                                                                                                      Air
                                                                                                                                      Transportation.
NO SEE UM LODGE INC..............  Corporation.........           3       2,036      510.0        0.0     721214  $8 mn............  Recreational and
                                                                                                                                      Vacation Camps
                                                                                                                                      (except
                                                                                                                                      Campgrounds).
--------------------------------------------------------------------------------------------------------------------------------------------------------
WARD AIR INC.....................  Corporation.........           4       2,191      680.0        0.0     481219  $22 mn...........  Other Nonscheduled
                                                                                                                                      Air
                                                                                                                                      Transportation.
HISTORIC FLIGHT FOUNDATION.......  Corporation.........           1       2,500      340.0        0.0     712110  $30 mn...........  Museums.
LAKE HAVASU SEAPLANES LLC........  LLC.................           1       2,500      170.0        0.0     611000  $8 mn............  Educational
                                                                                                                                      Services, N.F.S.
RDJ BROTHERS TRUCKING INC........  Corporation.........           1       2,500      170.0        0.0     236000  $39.5 mn.........  Construction of
                                                                                                                                      buildings, N.F.S.
SEAWIND AVIATION INC.............  Corporation.........           2       2,500      170.0        0.0     481211  1500 emp.........  Nonscheduled
                                                                                                                                      Chartered
                                                                                                                                      Passenger Air
                                                                                                                                      Transp.
TIKCHIK AIRVENTURES LLC..........  LLC.................           1       2,500      170.0        0.0     481211  1500 emp.........  Nonscheduled
                                                                                                                                      Chartered
                                                                                                                                      Passenger Air
                                                                                                                                      Transp.
WOLF TRAIL LODGE INC.............  Corporation.........           1       2,500      170.0        0.0     721000  $8 mn............  Accommodation,
                                                                                                                                      N.F.S.
ANDREW AIRWAYS INC...............  Corporation.........           3       2,576      510.0        0.0     485999  $16.5 mn.........  All Other Transit
                                                                                                                                      and Ground
                                                                                                                                      Passenger
                                                                                                                                      Transportation.

[[Page 67635]]

 
ALASKAS ENCHANTED LAKE LODGE INC.  Corporation.........           2       2,729      340.0        0.0     721310  $12.5 mn.........  Rooming & Boarding
                                                                                                                                      Houses,
                                                                                                                                      Dormitories, and
                                                                                                                                      Workers' Camps.
--------------------------------------------------------------------------------------------------------------------------------------------------------
RAINBOW RIVER LODGE LLC..........  LLC.................           2       4,000      340.0        0.0     721214  $8 mn............  Recreational and
                                                                                                                                      Vacation Camps
                                                                                                                                      (except
                                                                                                                                      Campgrounds).
K BAY AIR LLC....................  LLC.................           1       4,427      170.0        0.0     481219  $22 mn...........  Other Nonscheduled
                                                                                                                                      Air
                                                                                                                                      Transportation.
RAPIDS CAMP LODGE INC............  Corporation.........           1       7,000      170.0        0.0     713990  $8 mn............  All Other Amusement
                                                                                                                                      and Recreation
                                                                                                                                      Industries.
PROGRESSIVE PLASTICS INC.........  Corporation.........           1       7,500      170.0        0.0     326199  750 emp..........  All Other Plastics
                                                                                                                                      Product
                                                                                                                                      Manufacturing.
BROWN HELICOPTER INC.............  Corporation.........           1       9,000      170.0        0.0     336412  1500 emp.........  Aircraft Engine and
                                                                                                                                      Engine Parts
                                                                                                                                      Manufacturing.
PERRYCOOK FLIGHT SERVICES LLC....  LLC.................           1      12,500      170.0        0.0     481211  1500 emp.........  Nonscheduled
                                                                                                                                      Chartered
                                                                                                                                      Passenger Air
                                                                                                                                      Transp.
KOMRO INTERNATIONAL LLC..........  LLC.................           1      14,100      170.0        0.0     423820  125 emp..........  Farm & Garden
                                                                                                                                      Machinery & Equip.
                                                                                                                                      Merchant
                                                                                                                                      Wholesalers.
CONCRETE WORKS OF COLORADO INC...  Corporation.........           1      16,190      170.0        0.0     238110  $16.5 mn.........  Poured Concrete
                                                                                                                                      Foundation and
                                                                                                                                      Structure
                                                                                                                                      Contractors.
KENMORE AIR HARBOR LLC...........  LLC.................           9      51,500    1,530.0        0.0     481111  1500 emp.........  Scheduled Passenger
                                                                                                                                      Air
                                                                                                                                      Transportation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total 80 $161,997 $13,600.
Mean $3,600 $302 0.1%
Median $956 $170 0.0%
Notes:
1. The size standard is the maximum size for the NAICS industry considered by the Small Business Administration to be a small entity.
2. AD costs per airplane are 1 work-hour x $85 = $85 + $85 reporting costs for initial inspection, for a total of $170.
3. All percentage figures are rounded to the nearest tenth of a percent. All 0.0% figures represent values below 0.1%, but above 0%.

5. Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    The FAA estimates that this AD will take 1 work-hour per airplane 
at a labor rate of $85 per work-hour to incorporate into the existing 
maintenance records the actions specified in Parts 2 and 3 of Viking 
PSM 1-2-5, Revision 1, plus $85 per airplane to report any Level 2 
corrosion found during the initial or subsequent inspections or any 
Level 3 corrosion found during the initial or subsequent inspections, 
for an estimated total cost of $170 per airplane.
    The estimated cost of this AD, per small entity, is shown in the 
``Cost'' column of Table 1 and cost impact is measured by cost as a 
percentage of revenues. As the table shows, the mean cost impact is 
0.1% of annual revenues,\4\ while the median cost impact is 0.0%.
---------------------------------------------------------------------------

    \4\ These revenue data come from online sources such as 
zoominfo.com, opencorporates.com, buzzfile.com, manta.com, 
allbiz.com, and lookupcompanyrevenue.com.
---------------------------------------------------------------------------

    To the extent that small entities provide more unique services or 
serve markets with less competition, they may also be able to pass on 
costs in the form of price increases. However, the FAA assumed that 
none of these small entities would be able to pass these compliance 
costs to their customers in terms of higher prices. This shows no 
significant impact on any of the small entities.

6. Significant Alternatives Considered

    As part of the FRFA, the FAA is required to consider regulatory 
alternatives that may be less burdensome.
    The FAA did not find any significant regulatory alternatives to 
this AD that would accomplish the safety objectives of this AD.

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 have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the RFA.

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 64-09-03, Amendment 718 (29 FR 
5390, April 22, 1964); and
0
b. Adding the following new airworthiness directive:

2023-19-06 Viking Air Limited (Type Certificate Previously Held by 
Bombardier Inc. and de Havilland Inc.): Amendment 39-22556; Docket 
No. FAA-2022-0190; Project Identifier 2019-CE-048-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective November 6, 2023.

(b) Affected ADs

    This AD replaces AD 64-09-03, Amendment 718 (29 FR 5390, April 
22, 1964).

(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.

[[Page 67636]]

(d) Subject

    Joint Aircraft System Component (JASC) Code 2000, Airframe.

(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-
related degradation in aging aircraft. The FAA is issuing this AD to 
detect and address corrosion, which 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) Required Actions

    (1) Within 90 days after the effective date of this AD, 
incorporate into the existing maintenance records required by 14 CFR 
91.417(a)(2) or 135.439(a)(2), as applicable for your airplane, the 
actions and associated thresholds and intervals, including life 
limits, specified in Parts 2 and 3 of Viking DHC-2 Beaver 
Supplemental Inspection and Corrosion Control Manual, PSM 1-2-5, 
Revision 1, dated January 10, 2019 (Viking PSM 1-2-5, Revision 1). 
Do each initial task within 6 months after the effective date of 
this AD or at the threshold for each applicable task specified in 
Part 3 of Viking Product Support Manual PSM 1-2-5, Revision 1, 
whichever occurs later. Where Viking PSM 1-2-5, Revision 1, 
specifies contacting Viking for instructions on forward and rear fin 
attachment bolt replacement, inspection, and installation, and for a 
disposition regarding attachment bolts, this AD requires contacting 
the Manager, International Validation Branch, FAA; or Transport 
Canada; or Viking's Transport Canada Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.

    Note 1 to paragraph (g)(1): Viking DHC-2 Beaver Service Bulletin 
V2/0011, Revision NC, dated November 28, 2019, contains additional 
information related to this AD.

    (2) After the action required by paragraph (g)(1) of this AD has 
been done, no alternative actions and associated thresholds and 
intervals, including life limits, are allowed unless they are 
approved as specified in paragraph (i) of this AD.

(h) Reporting

    (1) For inspections done after the effective date of this AD, 
report to Viking any Level 2 or Level 3 corrosion, as specified in 
Viking PSM 1-2-5, Revision 1, at the times specified in and in 
accordance with part 3, paragraph 5, of Viking PSM 1-2-5, Revision 
1.
    (2) For inspections done before the effective date of this AD, 
within 30 days after the effective date of this AD, report to Viking 
any Level 2 or Level 3 corrosion, as specified in Viking PSM 1-2-5, 
Revision 1, in accordance with part 3, paragraph 5, of Viking PSM 1-
2-5, Revision 1.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, mail 
it to ATTN: Program Manager, Continuing Operational Safety, at the 
address identified in paragraph (j)(2) 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.
    (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, 
International Validation Branch, FAA.

(j) Additional Information

    (1) Refer to the MCAI from Transport Canada, AD CF-2019-25, 
dated July 5, 2019, for related information. This Transport Canada 
AD may be found in the AD docket at regulations.gov under Docket No. 
FAA-2022-0190.
    (2) For more information about this AD, contact James Delisio, 
Continued Operational Safety Program Manager, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228-7321; email: 
[email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (4) of this AD.

(k) 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 Supplemental Inspection and Corrosion 
Control Manual, PSM 1-2-5, Revision 1, dated January 10, 2019.
    (ii) [Reserved]
    (3) For 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: 
vikingair.com/support/service-bulletins.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 15, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-21631 Filed 9-29-23; 8:45 am]
BILLING CODE 4910-13-P