[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Proposed Rules]
[Pages 65016-65018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22274]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 87, No. 207 / Thursday, October 27, 2022 / 
Proposed Rules  

[[Page 65016]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1301; Project Identifier MCAI-2021-01447-T]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited (Type Certificate 
Previously Held by Bombardier, Inc.; Canadair Limited) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 96-
12-11, which applies to all Canadair Model CL-215-1A10 airplanes. AD 
96-12-11 requires repetitive inspections to detect discrepancies of the 
microswitches fitted at the water door actuator; replacement of any 
discrepant microswitch; and modification of the water door actuator 
switches, which terminates the repetitive inspections. Since the FAA 
issued AD 96-12-11, it has determined that the corrective actions of 
that AD have not been effective at mitigating the risk of uncommanded 
opening of the water doors. This proposed AD would continue to require 
the modification of the water door actuator switches. This proposed AD 
would also require modification of the water door solenoid valve common 
grounds, add airplanes to the applicability, and prohibit installing 
certain water door solenoid valve selector assemblies. 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 December 
12, 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 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, 1959 de Havilland Way, Sidney, British Columbia V8L 5V5, 
Canada; telephone +1-250-656-7227; fax +1-250-656-0673; email vikingair.com">[email protected]vikingair.com; internet vikingair.com. You may 
view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

Examining the AD Docket

    You may examine the AD docket on the internet at regulations.gov by 
searching for and locating Docket No. FAA-2022-1301; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
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-2022-1301; Project Identifier 
MCAI-2021-01447-T'' 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

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 
Thomas Niczky, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7347; email [email protected]. 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 96-12-11, Amendment 39-9653 (61 FR 28734, June 6, 
1996) (AD 96-12-11), for all Canadair Model CL-215-1A10 airplanes. AD 
96-12-11 requires repetitive inspections to detect discrepancies of the 
microswitches fitted at the water door actuator, replacement of any 
discrepant microswitch, and a terminating action for the repetitive 
inspections. AD 96-12-11 resulted from a report indicating

[[Page 65017]]

that the water doors on one airplane opened inadvertently during 
flight, due to corrosion of the microswitches fitted to the water door 
actuator. The FAA issued AD 96-12-11 to address a possible uncommanded 
opening of the water doors, especially at high speed during a takeoff 
run, a water pick-up run, or a landing run, which could cause serious 
damage to the airplane.

Actions Since AD 96-12-11 Was Issued

    Since the FAA issued AD 96-12-11, it has been determined that 
mandating the modification of the water door actuator microswitches, in 
lieu of the previous repetitive inspections, will provide a more robust 
water door design that will better mitigate the risk of uncommanded 
water door opening. Also, it has been determined that modifying the 
water door solenoid valve common grounds will mitigate the risk of 
corroded or contaminated electrical contact leading to a sneak path and 
subsequent uncommanded opening of the water doors.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-51, dated December 21, 
2021 (TCCA AD CF-2021-51) (also referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for all Viking Air Limited Model CL-215-1A10 and CL-
215-6B11 (CL-215T Variant) airplanes. You may examine the MCAI in the 
AD docket on the internet at regulations.gov by searching for and 
locating Docket No. FAA-2022-1301.
    This proposed AD was prompted by reports of uncommanded opening of 
the water doors during flight and water scooping. The FAA is proposing 
this AD to address the uncommanded opening of water doors, which, at 
high speed during the take-off run, water pick-up run, or landing run, 
could cause serious damage to the airplane. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    Viking Air Limited has issued Viking Service Bulletin 215-389, 
Revision 2, dated September 21, 2021. This service information 
describes procedures for modifying the water door actuator switches, 
which includes replacing the water door actuator microswitches, 
installing a relay channel and relays, and modifying related wiring.
    Bombardier has issued Alert Service Bulletin 215-A497, dated 
November 16, 1998. This service information describes procedures for 
installing two additional water door solenoid common grounds, as well 
as inspecting the existing ground studs for corrosion and cleaning if 
necessary.
    This proposed AD would also require Canadair Service Bulletin 215-
389, Revision 1, dated September 30, 1991, which the Director of the 
Federal Register approved for incorporation by reference as of June 21, 
1996 (61 FR 28734, June 6, 1996).
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain certain requirements of AD 96-12-11 
and add airplanes to the applicability. This proposed AD would require 
accomplishing the actions specified in the service information 
described previously. This proposed AD would also prohibit installing 
certain water door solenoid valve selector assemblies.

Costs of Compliance

    The FAA estimates that this proposed AD affects 6 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 96-12-11.....  40 work-hours x $85 per          $10,038         $13,438         $80,628
                                         hour = $3,400.
New proposed actions..................  2 work-hours x $85 per               108             278           1,668
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

[[Page 65018]]

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 (AD) 96-12-11, Amendment 39-9653 
(61 FR 28734, June 6, 1996); and
0
b. Adding the following new AD:

Viking Air Limited (Type Certificate Previously Held by Bombardier, 
Inc.; Canadair Limited): Docket No. FAA-2022-1301; Project 
Identifier MCAI-2021-01447-T.

(a) Comments Due Date

    The FAA must receive comments by December 12, 2022.

(b) Affected Airworthiness Directives (ADs)

    This AD replaces AD 96-12-11, Amendment 39-9653 (61 FR 28734, 
June 6, 1996) (AD 96-12-11).

(c) Applicability

    This AD applies to all Viking Air Limited (Type Certificate 
previously held by Bombardier, Inc.; Canadair Limited) Model CL-215-
1A10 and CL-215-6B11 (CL-215T Variant) airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by reports of uncommanded opening of the 
water doors during flight and water scooping. The FAA is issuing 
this AD to address the uncommanded opening of water doors, which, at 
high speed during the take-off run, water pick-up run, or landing 
run, could cause serious damage to the airplane.

(f) Compliance

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

(g) Retained Modification of Microswitches, With Revised Service 
Information

    This paragraph restates the requirements of paragraph (d) of AD 
96-12-11, with revised service information. For Model CL-215-1A10 
and CL-215-6B11 (CL-215T Variant) airplanes: Within 2 years after 
June 21, 1996 (the effective date of AD 96-12-11), modify the water 
door microswitches in accordance with Canadair Service Bulletin 215-
389, Revision 1, dated September 30, 1991; or Viking Service 
Bulletin 215-389, Revision 2, dated September 21, 2021. As of the 
effective date of this AD, use only Viking Service Bulletin 215-389, 
Revision 2, dated September 21, 2021.

(h) New Requirement of This AD: Installation of Common Grounds

    Within 24 months after the effective date of this AD, install 
two new water door solenoid valve common grounds in accordance with 
the Accomplishment Instructions of Bombardier Alert Service Bulletin 
215-A497, dated November 16, 1998.

(i) Parts Installation Prohibition

    After the effective date of this AD, the water door solenoid 
valve, selector assembly, part number (P/N) 362-0377, is not 
eligible for installation as a replacement part. Water door solenoid 
valve, 4-way selector valve, P/N 20P16-2, specification control 
drawing (SCD) 215T92392-2, or superseding part with internal back 
electro-motive force (EMF) protection, must be used as a replacement 
part.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Canadair Service Bulletin 215-389, Revision 1, 
dated September 30, 1991, including the retrospective action for 
aircraft modified in accordance with Canadair Service Bulletin 215-
389, Original Issue, dated November 15, 1988.

(k) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): 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 responsible Flight Standards Office, as appropriate. If 
sending information directly to the manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before 
using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Viking 
Air Limited's TCCA Design Approval Organization (DAO). If approved 
by the DAO, the approval must include the DAO-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-51, dated December 21, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at regulations.gov by searching for and locating Docket No. FAA-
2022-1301.
    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7347; email [email protected].
    (3) For service information identified in this AD, contact 
Viking Air Limited, 1959 de Havilland Way, Sidney, British Columbia 
V8L 5V5, Canada; telephone +1-250-656-7227; fax +1-250-656-0673; 
email vikingair.com">[email protected]vikingair.com; internet 
vikingair.com. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.

    Issued on October 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-22274 Filed 10-26-22; 8:45 am]
BILLING CODE 4910-13-P


