[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70106-70108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28273]



[[Page 70106]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0699; Directorate Identifier 2009-NM-236-AD; 
Amendment 39-16510; AD 2010-23-21]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited (Type Certificate 
Previously Held by Bombardier, Inc.) Model DHC-7 Airplanes

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

ACTION: Final rule.

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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:

    Viking Air Limited has completed a system safety review of the 
aircraft fuel system against fuel tank safety standards introduced 
in Chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043. The identified non-compliances 
were then assessed using Transport Canada Policy Letter No. 525-001, 
to determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks would 
be required to prevent potential ignition sources within the fuel 
system, which could result in a fuel tank explosion. * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective December 22, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 22, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Richard Fiesel, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7304; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 23, 2010, (75 
FR 43092). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Viking Air Limited has completed a system safety review of the 
aircraft fuel system against fuel tank safety standards introduced 
in Chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043. The identified non-compliances 
were then assessed using Transport Canada Policy Letter No. 525-001, 
to determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks would 
be required to prevent potential ignition sources within the fuel 
system, which could result in a fuel tank explosion. Viking Air 
Limited has revised Chapter 5 of the DHC-7 Maintenance Manual, PSM 
1-7-2, to introduce the required maintenance tasks.

The corrective action is revising the Airworthiness Limitations Section 
of the Instructions for Continued Airworthiness to incorporate new 
limitations for fuel tank systems. You may obtain further information 
by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Clarification of Table Reference

    Table 1--Temporary Revisions of the NPRM has a typographical error. 
``FLS-06'' is corrected in Table 1 of this AD to ``FSL-06.''

Clarification of Viking DHC-7 Dash 7 Maintenance Manual Section Number

    Paragraph (g) of the NPRM has a typographical error. ``Section 5-
10-30'' is corrected in paragraph (g) of this AD to ``Section 5-10-
13.''

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the correction 
described previously. We determined that this correction will not 
increase the economic burden on any operator or increase the scope of 
the AD.

Differences Between This 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 our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 11 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $935, or $85 per product.

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;

[[Page 70107]]

    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.

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 the NPRM, 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.

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:

2010-23-21 Viking Air Limited (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-16510. Docket No. FAA-2010-0699; 
Directorate Identifier 2009-NM-236-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Viking Air Limited (Type Certificate 
previously held by Bombardier, Inc.) Model DHC-7-1, DHC-7-100, DHC-
7-101, DHC-7-102, and DHC-7-103 airplanes; certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Viking Air Limited has completed a system safety review of the 
aircraft fuel system against fuel tank safety standards introduced 
in Chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043. The identified non-compliances 
were then assessed using Transport Canada Policy Letter No. 525-001, 
to determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks would 
be required to prevent potential ignition sources within the fuel 
system, which could result in a fuel tank explosion. * * *
The corrective action is revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 60 days after the effective date of this AD, 
incorporate all the fuel system limitation (FSL) tasks as specified 
in the temporary revisions (TR) listed in Chapter 5 of the Viking 
Dash 7 Series 1/100 Aircraft Maintenance Manual (AMM), PSM 1-7-2; 
and incorporate Section 5-10-13, as specified in Viking Air Limited 
TR 5-106, dated December 15, 2008, to Chapter 5 of the Viking Dash 7 
Series 100 Maintenance Manual PSM 1-7-2.

    Note 1:  This may be done by inserting copies of the TRs 
identified in paragraph (g) of this AD in the AMM. When these TRs 
have been included in general revisions of the AMM, the general 
revisions may be inserted in the AMM, provided the relevant 
information in the general revision is identical to that in the TRs 
identified in paragraph (g) of this AD.

    (h) At the applicable time specified in paragraphs (h)(1), 
(h)(2), (h)(3), and (h)(4) of this AD, do the initial inspections in 
accordance with the applicable TR identified in Table 1 of this AD.
    (1) For Tasks FSL-01, FSL-02, FSL-03, FSL-04 and FSL-05: Inspect 
at the later of the times specified in paragraphs (h)(1)(i) and 
(h)(1)(ii) of this AD.
    (i) Prior to the accumulation of 18,000 total flight hours.
    (ii) Within 6,000 flight hours or within 36 months after the 
effective date of this AD, whichever occurs first.
    (2) For Task FSL-06: Inspect at the later of the times specified 
in paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
    (i) Prior to the accumulation of 40,000 total flight hours.
    (ii) Within 6,000 flight hours or within 36 months after the 
effective date of this AD, whichever occurs first.
    (3) For Task FSL-07: Within 1 month after the effective date of 
this AD.
    (4) For Task FSL-08: Inspect at the later of the times specified 
in paragraphs (h)(4)(i) and (h)(4)(ii) of this AD.
    (i) Prior to the accumulation of 4,000 total flight hours.
    (ii) Within 2,000 flight hours or within 12 months after the 
effective date of this AD, whichever occurs first.

                      Table 1--Temporary Revisions
------------------------------------------------------------------------
           Task--               Viking TR--             Date--
------------------------------------------------------------------------
FSL-01......................           5-107  December 15, 2008.
FSL-02......................           5-108  December 15, 2008.
FSL-06......................           5-109  December 15, 2008.
FSL-07......................           5-110  December 15, 2008.
FSL-08......................           5-111  December 15, 2008.
FSL-03......................           5-112  December 15, 2008.
FSL-04 and FSL-05...........           5-113  December 15, 2008.
------------------------------------------------------------------------

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 1600 
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone 516-
228-7300; fax 516-794-5531. Before using any approved AMOC

[[Page 70108]]

on any airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.
    (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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2009-15, 
dated April 17, 2009, and the TRs identified in Table 2 of this AD, 
for related information.

                  Table 2--Related Service Information
------------------------------------------------------------------------
                                                      Chapter 5 of the--
          Viking TR--                  Dated--
------------------------------------------------------------------------
5-106..........................  December 15, 2008..  Viking Dash 7
                                                       Series 1/100 AMM,
                                                       PSM 1-7-2.
5-107..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-108..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-109..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-110..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-111..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-112..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-113..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
------------------------------------------------------------------------

Material Incorporated by Reference

    (k) You must use the service information contained in Table 3 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
                                                      Chapter 5 of the--
          Viking TR--                  Dated--
------------------------------------------------------------------------
5-106..........................  December 15, 2008..  Viking Dash 7
                                                       Series 1/100
                                                       Airplane
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-107..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-108..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-109..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-110..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-111..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-112..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
5-113..........................  December 15, 2008..  Viking Dash 7
                                                       Series 100
                                                       Maintenance
                                                       Manual, PSM 1-7-
                                                       2.
------------------------------------------------------------------------

     (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 
8V5, Canada; telephone 250-656-7227; fax 250-656-0673; e-mail 
<a href="/cdn-cgi/l/email-protection#bdc9d8ded5d3d4dedcd193cdc8dfd1d4dedcc9d4d2d3cefdcbd4d6d4d3dadcd4cf93ded2d0"><span class="__cf_email__" data-cfemail="364253555e585f55575a184643545a5f5557425f59584576405f5d5f5851575f441855595b">[email protected]</span></a>; Internet http://www.vikingair.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the 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, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 2, 2010.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-28273 Filed 11-16-10; 8:45 am]
BILLING CODE 4910-13-P


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