[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Proposed Rules]
[Pages 7065-7068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02548]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-7071; Project Identifier 2019-CE-048-AD]
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: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 64-
09-03, which applies to all de Havilland (type certificate now held by 
Viking Air Limited) Model DHC-2 ``Beaver'' airplanes. AD 64-09-03 
requires 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09-03, Transport Canada superseded its mandatory continuing 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 proposed AD would require establishing a corrosion 
prevention and control program to identify and correct corrosion. This 
proposed AD would also require completing all of the initial tasks 
identified in the program and reporting corrosion findings to Viking. 
The proposed corrosion prevention and control program would include the 
inspection of the aileron balance weight arms required by AD 64-09-03. 
The FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by March 25, 
2022.

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 https://www.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.
    For service information identified in this NPRM, contact Viking Air 
Limited Technical Support, 1959 De Havilland Way, Sidney, British 
Columbia, Canada, V8L 5V5; phone: (North America) (800) 663-8444; fax: 
(250) 656-0673; email: [email protected]; website: 
https://www.vikingair.com/support/service-bulletins. You may view this 
service information at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For 
information on the availability of this material at the FAA, call (817) 
222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-7071; 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 NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aviation Safety Engineer, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; phone: (516) 287-7329; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2020-7071; Project Identifier 
2019-CE-048-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Aziz 
Ahmed, Aerospace Engineer, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, New York 11590. Any commentary that the 
FAA receives which is not specifically designated as CBI will be placed 
in the public docket for this rulemaking.

Background

    The FAA issued AD 64-09-03, Amendment 718 (29 FR 5390; April 22, 
1964) (AD 64-09-03) for all de Havilland (type certificate now held by 
Viking Air Limited) Model DHC-2 ``Beaver'' airplanes. AD 64-09-03 
requires 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.

Actions Since AD 64-09-03 Was Issued

    Since the FAA issued AD 64-09-03, the type certificate holder for 
Model DHC-2 airplanes changed from de Havilland to Viking Air Limited. 
Transport Canada, which is the aviation authority for Canada, 
superseded its prior ADs on this unsafe condition and issued AD CF-
2019-25, dated July 5, 2019 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for all serial-numbered Viking Air 
Limited Model DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. 
The MCAI states:

    Service experience indicates that aging aircraft are more likely 
to be affected by corrosion. Viking Air Limited (Viking), as Type 
Certificate holder for DHC-2, has developed a supplementary 
inspection and corrosion control program which identifies specific 
area that must be inspected to ensure the corrosion-related 
degradation does not

[[Page 7066]]

result in an unsafe condition. The program is documented in Viking 
Product Support Manual (PSM) 1-2-5 DHC-2 Beaver Supplementary 
Inspection and Corrosion Control Manual (SICCM).
    Corrosion levels are defined in PSM 1-2-5 as a means for 
assessing the effectiveness of the corrosion control program and 
recording the results of the inspections mandated by this [Transport 
Canada] AD.
    The initial issue of PSM 1-2-5, Revision IR, was mandated by 
[Transport Canada] AD CF-2017-33. This initial issue of PSM 1-2-5 
focused on the fight control systems. Viking has revised PS 1-2-5 to 
Revision 1. This revision includes additional inspection tasks for 
components of airframe systems other than flight controls. This 
[Transport Canada] AD is issued to require accomplishment of those 
additional inspection tasks and supersedes [Transport Canada] AD CF-
2017-33.
    This [Transport Canada] AD continues to require accomplishment 
of the tasks that were included in the initial issue of PSM 1-2-5. 
Note: The tasks being carried over from Revision IR to Revision 1 
are required to be performed in accordance with the current revision 
of the PSM 1-2-5, reference [Canadian Aviation Regulation] CAR 
571.02 paragraph (1) (a).
    Transport Canada (TC) has concluded that Tasks C57-51-01 and 
C57-51-02 make the repetitive inspections required by [Transport 
Canada] AD CF-61-12 [which corresponds to FAA AD 64-09-03] 
unnecessary. CF-61-12 is therefore cancelled.
    Viking determined that changes to the compliance times for two 
of the tasks in PSM 1-2-5 were required. For task C57-51-01 the 
repeat interval was every 1 year in Revision IR and is changed to 
every 2 years in Revision 1. For task C57-51-02 the repeat interval 
was every 4 years in Revision IR and is changed to every 4 years or 
500 hours air time, whichever occurs first, in 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 at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-7071.

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 Product 
Support Manual (PSM) 1-2-5 DHC-2 Beaver Supplemental Inspection and 
Corrosion Control Manual, Revision 1, dated January 10, 2019 (Viking 
PSM-1-2-5, Revision 1).
    The FAA also reviewed Viking PSM-1-2-5, Revision 1, which specifies 
procedures for inspecting areas of the airplane that are particularly 
susceptible to corrosion-related degradation. Viking PSM 1-2-5, 
Revision 1 also specifies repetitive inspection intervals, defines the 
different levels of corrosion, and provides corrective action if 
corrosion is found.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is 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 
and service information referenced above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain none of the requirements of AD 64-09-
03. This proposed AD would require establishing a corrosion prevention 
and control program approved by the FAA, including initial inspection 
tasks to identify corrosion and cracking, repetitive inspection 
intervals, and corrective actions (such as repairs and application of 
corrosion inhibitors) if corrosion or cracking is found. This proposed 
AD would also require, before further flight after establishing the 
program, completing all of the initial tasks identified in the program. 
Lastly, this proposed AD would require reporting corrosion findings to 
Viking. Because the program would include the inspection of the aileron 
balance weight arms required by AD 64-09-03, this proposed AD would 
supersede AD 64-09-03.

ADs Mandating Airworthiness Limitations

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

Differences Between This Proposed AD and the MCAI

    The MCAI requires completing the actions as specified in Viking 
PSM-1-2-5. Revision 1. This proposed AD would not require Viking PSM-1-
2-5, Revision 1, but would require establishing a corrosion prevention 
and control program using an FAA-approved method. However, the FAA 
considers Viking PSM 1-2-5, Revision 1 an approved method.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 135 airplanes of U.S. registry. The FAA also estimates that it 
would take about 342 work-hours per airplane to establish a corrosion 
prevention and control program and comply with the initial inspection 
tasks of the program.
    Based on these figures, the FAA estimates the cost of this proposed 
AD on U.S. operators to be $3,924,450 or $29,070 per airplane.
    The FAA estimates it would take about 1-work hour to report any 
corrosion found during the proposed initial inspections, for an 
estimated cost of $85 per airplane.
    The extent of damage found during the proposed initial inspections 
may vary significantly from airplane to airplane. The FAA has no way to 
determine the estimated cost of repair or replacement of damaged parts 
for each airplane or how many airplanes may need these repairs or 
replacements.

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 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:

[[Page 7067]]

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Viking Air Limited (Type Certificate Previously Held by Bombardier 
Inc. and de Havilland, Inc.): Docket No. FAA-2020-7071; Project 
Identifier 2019-CE-048-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 25, 2022.

(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.

(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) Inspection Tasks

    Within 8 months after the effective date of this AD, establish 
in the maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your aircraft, a corrosion 
prevention and control program approved by the FAA that includes 
initial inspections to identify corrosion and cracking, repetitive 
inspection intervals, and corrective actions (repairs and 
application of corrosion inhibitors) if corrosion or cracking is 
found. Before further flight after establishing the corrosion 
prevention and control program, complete all of the initial tasks 
identified in the program. To obtain FAA approval, you must contact 
the New York ACO Branch using the contact information found in 
paragraph (j)(3) of this AD.
    Note 1 to paragraph (g): Viking Product Support Manual PSM 1-2-5 
DHC-2 Beaver Supplemental Inspection and Corrosion Control Manual, 
Revision 1, dated January 10, 2019 (Viking PSM 1-2-5, Revision 1), 
contains additional information related to this AD and is an FAA-
approved method for establishing a corrosion prevention and control 
program.
    Note 2 to paragraph (g): Viking DHC-2 Beaver Service Bulletin 
V2/0011, Revision NC, dated November 28, 2019 (Viking SB V2/0011, 
Revision NC), also contains additional information related to this 
AD.

(h) Reporting

    If, during any task required by paragraph (g) of this AD, any 
corrosion is found: within 30 days after completing the task or 
within 30 days after the effective date of this AD, whichever occurs 
later, report the corrosion to Viking at 
[email protected] or at the address listed in 
paragraph (j)(4) of this AD. The report must include the following:
    (1) Operator;
    (2) Airplane serial number;
    (3) Airplane hours time-in-service at time of inspection;
    (4) Inspection task number and date of inspection;
    (5) Airplane operating environment; and
    (6) Type, level or extent, location, and cause (if known) of 
damage.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, New York ACO Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (j)(3) of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (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, New York 
ACO Branch, FAA.

(j) Related Information

    (1) Refer to the MCAI from Transport Canada, AD CF-2019-25, 
dated July 5, 2019, for related information. You may examine the 
MCAI at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-7071.
    (2) Viking SB V2/0011, Revision NC and Viking PSM 1-2-5, 
Revision 1 contain additional information related to this AD.
    (3) For information about this AD, contact Aziz Ahmed, Aerospace 
Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; phone: (516) 287-7329; email: 
[email protected].
    (4) For service information identified in this AD, contact 
Viking Air Limited Technical Support, 1959 De Havilland Way,

[[Page 7068]]

Sidney, British Columbia, Canada, V8L 5V5; phone: (North America) 
(800) 663-8444; fax: (250) 656-0673; email: 
[email protected]; website: https://www.vikingair.com/support/service-bulletins. You may review this referenced 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.

    Issued on February 2, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-02548 Filed 2-7-22; 8:45 am]
BILLING CODE 4910-13-P


