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[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Proposed Rules]
[Pages 75932-75934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30614]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / 
Proposed Rules

[[Page 75932]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1192; Directorate Identifier 2010-CE-020-AD]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited (Type Certificate 
No. A-815 Formerly Held by Bombardier Inc. and de Havilland, Inc.) 
Model DHC-3 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD would require repetitively 
inspecting the elevator control tabs for discrepancies and, if any 
discrepancies are found, taking necessary corrective actions to bring 
all discrepancies within acceptable tolerances. This proposed AD 
results from an evaluation of revisions to the manufacturer's 
maintenance manual that adds new repetitive inspections of the elevator 
control tabs. To require compliance with these inspections for U.S. 
owners and operators we are proposing the inspections through the 
rulemaking process. We are proposing this AD to add new repetitive 
inspections of the elevator control tabs. If these inspections are not 
done, excessive free-play in the elevator control tabs could develop. 
This condition could lead to loss of tab control linkage and severe 
elevator flutter. Such elevator flutter could lead to possible loss of 
control.

DATES: We must receive comments on this proposed AD by January 21, 
2011.

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-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 information about the revisions to the FAA-approved 
maintenance/inspection program identified in this proposed AD, contact 
Viking Air Ltd., 9574 Hampden Road, Sidney, BC Canada V8L 5V5; 
telephone: (800) 663-8444; Internet: http://www.vikingair.com. You may 
review copies of the referenced revisions at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call 816-329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 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, 
New York Aircraft Certification Office, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, New York 11590; telephone: (516) 228-7325; fax: (516) 
794-5531; email: george.duckett@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2010-1192; 
Directorate Identifier 2010-CE-020-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    Viking Aircraft Limited has issued revisions to the DHC-3 Otter 
maintenance manual (PSM No. 1-3-2) to add a new inspection of the 
elevator control tabs every 100 hours time-in-service. To require 
compliance with these inspections for U.S. owners and operators the 
inspection must be mandated through the rulemaking process.
    These inspections, if not done, could result in excessive free-play 
in the elevator control tabs. This condition, if not detected and 
corrected, could lead to loss of tab control linkage and severe 
elevator flutter. Such elevator flutter could lead to possible loss of 
control.
    We are continuing to evaluate the cause of the unsafe condition 
identified in this proposed AD to enable us to obtain better insight 
into the nature, cause, and extent of excessive free-play in the 
elevator control tabs. Based on this evaluation, we may consider 
further rulemaking.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require repetitively inspecting the elevator 
control tabs for discrepancies and, if any discrepancies are found, 
taking necessary corrective actions to bring all discrepancies within 
acceptable tolerances.
    We are also proposing a reporting requirement requesting 
information when the total maximum free play of the elevator servo tab 
and trim tab relative to the elevator exceeds 1.0 degree (this is equal 
to a maximum displacement of 0.070'' at the trailing edge of the servo 
tab). Collecting this information will help us better understand the 
service history related to

[[Page 75933]]

excessive free-play in the elevator control tabs for various Model DHC-
3 engine configurations.

Costs of Compliance

    We estimate that this proposed AD affects 65 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  1 work-hour x $85 per   Not applicable...  $85 per            $5,525 per
                                  hour = $85 per                             inspection cycle.  inspection
                                  inspection cycle.                                             cycle.
----------------------------------------------------------------------------------------------------------------

     We estimate the following costs to do any necessary follow-on 
actions that would be required based on the results of the proposed 
inspection. We have no way of determining the number of airplanes that 
may need this repair/replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                              Parts     Cost per
                    Action                                      Labor cost                     cost     product
----------------------------------------------------------------------------------------------------------------
Minimum repair................................  1 work-hour x $85 per hour = $85..........        $50       $135
Moderate repair...............................  3 work-hours x $85 per hour = $255........        150        405
Maximum repair................................  6 work-hours x $85 per hour = $510........        450        960
----------------------------------------------------------------------------------------------------------------

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 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) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Viking Air Limited (Type Certificate No. A-815 Formerly Held by 
Bombardier Inc. and de Havilland, Inc.): Docket No. FAA-2010-1192; 
Directorate Identifier 2010-CE-020-AD.

Comments Due Date

    (a) We must receive comments by January 21, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Viking Air Limited (type certificate No. 
A-815 formerly held by Bombardier Inc. and de Havilland, Inc.) Model 
DHC-3 airplanes, all serial numbers, that:
    (1) do not have the new elevator servo tab and redundant control 
linkage installed according to Supplemental Type Certificate (STC) 
No. SA01059SE; and
    (2) are certificated in any category.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport 
Association (ATA) of America Code 27, Flight Controls.

Unsafe Condition

    (e) This AD results from an evaluation of revisions to the 
manufacturer's maintenance manual that adds new repetitive 
inspections to the elevator control tabs. To require compliance with 
these inspections for U.S. owners and operators we are mandating 
these inspections through the rulemaking process. We are issuing 
this AD to add new repetitive inspections of the elevator control 
tabs. If these inspections are not done, excessive free-play in the 
elevator control tabs could develop. This condition could lead to 
loss of tab control linkage and severe elevator flutter. Such 
elevator flutter could lead to possible loss of control.

Compliance

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

[[Page 75934]]

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the elevator      Initially within the  Following DHC-3
 control tabs for              next 50 hours time-   Otter Temporary
 discrepancies.                in-service (TIS)      Revisions No. 18,
                               after the effective   No. 19, and No. 20,
                               date of this AD.      all dated December
                               Repetitively          5, 2008.
                               thereafter inspect
                               at intervals not to
                               exceed 100 hours
                               TIS.
(2) If any discrepancies are  Before further        Following DHC-3
 found during any inspection   flight after any      Otter Temporary
 required in paragraph         inspection in which   Revisions No. 18,
 (f)(1) of this AD, take       discrepancies are     No. 19, and No. 20,
 necessary corrective          found.                all dated December
 actions to bring all                                5, 2008.
 discrepancies within
 acceptable tolerances.
(3) If, during any            Within 30 days after  Use the form (Figure
 inspection required in        the inspection. We    1 of this AD) and
 paragraph (f)(1) of this      are collecting        submit it to FAA,
 AD, the total maximum free    these inspection      Small Airplane
 play of the elevator servo    results for 24        Directorate, Attn:
 tab and trim tab relative     months after the      Jim Rutherford, 901
 to the elevator exceeds 1.0   effective date of     Locust, Room 301,
 degree (this is equal to a    this AD. The          Kansas City,
 maximum displacement of       reporting             Missouri 64106.
 0.070'' at the trailing       requirements of
 edge), report the results     this AD are no
 of the inspection to the      longer required
 FAA. The Office of            after that time.
 Management and Budget (OMB)
 approved the information
 collection requirements
 contained in this
 regulation under the
 provisions of the Paperwork
 Reduction Act of 1980 (44
 U.S.C. 3501 et seq.) and
 assigned OMB Control Number
 2120-0056.
------------------------------------------------------------------------

                        Docket No. FAA-2010-1192
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Airplane Serial Number:
Time-in-Service (TIS) of Airplane:
Airplane Engine Type/Model Number/Series Number:
TIS of Airplane When Current Engine was Installed:
Date When Current Engine was Installed:
STC Number that Installed Current Engine (if applicable):
Out of Tolerance Recording:
Corrective Action Taken:
Any Additional Information (Optional):
Name:
Telephone and/or Email Address:
Date:
------------------------------------------------------------------------

    Send report to: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; facsimile: (816) 329-4090; email: jim.rutherford@faa.gov.

Figure 1

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, New York Aircraft Certification Office 
(ACO), 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 ACO, send it to the 
attention of the person identified in the Related Information 
section of this AD.
    (2) Before using any approved AMOC, notify your Principal 
Maintenance Inspector or Principal Avionics Inspector, as 
appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.

Related Information

    (h) For more information about this AD, contact George Duckett, 
Aerospace Engineer, New York ACO, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, New York 11590; telephone: (516) 228-7325; fax: (516) 
794-5531; email: george.duckett@faa.gov.
    (i) To get information about the revisions to the maintenance 
program identified in this proposed AD, contact Viking Air Ltd., 
9574 Hampden Road, Sidney, BC Canada V8L 5V5; telephone: (800) 663-
8444; Internet: http://www.vikingair.com. You may review copies of 
the referenced revision at the FAA, Small Airplane Directorate, 901 
Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call 816-329-4148.

    Issued in Kansas City, Missouri, on December 1, 2010.
Christina L. Marsh,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-30614 Filed 12-6-10; 8:45 am]
BILLING CODE 4910-13-P
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