

[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Rules and Regulations]               
[Page 1269-1271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja08-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0410; Directorate Identifier 2007-NM-338-AD; 
Amendment 39-15325; AD 2008-01-02]
RIN 2120-AA64

 
Airworthiness Directives; Viking Air Limited Model (Caribou) DHC-
4 and (Caribou) DHC-4A Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During a heavy maintenance check on a DHC-4 aircraft, an 
operator discovered that both of the upper engine mount bracket 
assemblies on one aircraft were cracked. Further inspection of the 
operator's fleet confirmed that engine mount bracket assemblies on 
five out of ten aircraft were also cracked.

* * * * *
Failure of the upper engine mount bracket assembly could result in 
separation of the engine from the airplane. This AD requires actions 
that are intended to address the unsafe condition described in the 
MCAI.

DATES: This AD becomes effective January 23, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication, listed in the AD as of January 23, 
2008.
    We must receive comments on this AD by February 7, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-

[[Page 1270]]

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, 
SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: George Duckett, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7325; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2007-26, dated November 7, 2007 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    During a heavy maintenance check on a DHC-4 aircraft, an 
operator discovered that both of the upper engine mount bracket 
assemblies on one aircraft were cracked. Further inspection of the 
operator's fleet confirmed that engine mount bracket assemblies on 
five out of ten aircraft were also cracked.
    As an interim action to prevent failure of upper engine mount 
bracket assemblies, this directive mandates a one-time fluorescent 
penetrant inspection. Subsequent corrective action may be 
implemented in the future pending results of the investigation.

Failure of the upper engine mount bracket assembly could result in 
separation of the engine from the airplane. Corrective actions include 
replacing any cracked engine mount bracket assembly with a new 
assembly. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Viking Air Limited has issued Alert Service Bulletin V4/0001, dated 
November 9, 2007. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
failure of the upper engine mount bracket assembly could lead to 
separation of the engine from the airplane. Therefore, we find that 
notice and opportunity for prior public comment hereon are 
impracticable and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2008-0410; Directorate 
Identifier 2007-NM-338-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We 

will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.
    We are 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

    We 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

[[Page 1271]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 AD:

2008-01-02 Viking Air Limited (Formerly Bombardier, Inc.): Amendment 
39-15325. Docket No. FAA-2008-0410; Directorate Identifier 2007-NM-
338-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
23, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Viking Air Limited Model (Caribou) 
DHC-4 and (Caribou) DHC-4A airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 54: 
Nacelles/Pylons.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    ``During a heavy maintenance check on a DHC-4 aircraft, an 
operator discovered that both of the upper engine mount bracket 
assemblies on one aircraft were cracked. Further inspection of the 
operator's fleet confirmed that engine mount bracket assemblies on 
five out of ten aircraft were also cracked.
    ``As an interim action to prevent failure of upper engine mount 
bracket assemblies, this directive mandates a one-time fluorescent 
penetrant inspection. Subsequent corrective action may be 
implemented in the future pending results of the investigation.''
    Failure of the upper engine mount bracket assembly could result 
in separation of the engine from the airplane. Corrective actions 
include replacing any cracked engine mount bracket assembly with a 
new assembly.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 10 flight hours after the effective date of this AD, 
do a fluorescent penetrant inspection (FPI) for cracking of the 
upper engine mount bracket assemblies having part numbers C4WM1090-1 
and C4WM1090-2, in accordance with the Accomplishment Instructions 
of Viking Alert Service Bulletin V4/0001, dated November 9, 2007. 
Before further flight, replace any cracked engine mount bracket 
assembly with a new engine mount bracket assembly, in accordance 
with the Accomplishment Instructions of the alert service bulletin.
    (2) Within 7 days after completing the inspection required by 
paragraph (f)(1) of this AD or within 30 days after the effective 
date of this AD, whichever occurs later, report any crack found to: 
Viking Technical Support, E-mail: technical.support@vikingair.com; 
telephone 250-656-7227; toll free 1-800-663-8444; fax 250-656-0673.
    (3) Actions done before the effective date of this AD in 
accordance with Viking All Operators Message 2007-4-11-02, Revision 
A, dated November 5, 2007, are considered acceptable for compliance 
with the requirements of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: George Duckett, Aerospace 
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7325; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your appropriate principal inspector (PI) in 
the FAA Flight Standards District Office (FSDO), or lacking a PI, 
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2007-26, 
dated November 7, 2007; Viking All Operators Message 2007-4-11-02, 
Revision A, dated November 5, 2007; and Viking Alert Service 
Bulletin V4/0001, dated November 9, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Viking Alert Service Bulletin V4/0001, dated 
November 9, 2007, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Viking Air Limited, 9574 Hampden Road, Sidney, British Columbia V8L 
5V5, Canada.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.


    Issued in Renton, Washington, on December 20, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-25613 Filed 1-7-08; 8:45 am]

BILLING CODE 4910-13-P
