[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Proposed Rules]
[Pages 61488-61492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19170]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1821; Project Identifier MCAI-2022-01045-A]
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).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Viking Air Limited (type certificate previously held by 
Bombardier Inc. and de Havilland, Inc.) (Viking) Model DHC-3 airplanes. 
This proposed AD was prompted by a report of cracking in the left-hand 
side (LHS) and right-hand side (RHS) lower engine mount pickup 
fittings. This proposed AD would require a one-time inspection of the 
affected parts for cracking, deformation, corrosion, fretting or wear, 
paint or surface coating damage, and loose, missing, or broken 
fasteners, and applicable corrective actions. This proposed AD would 
also require reporting the inspection results. The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by October 23, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1821; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.

[[Page 61489]]

    Material Incorporated by Reference:
    <bullet> For service information identified in this NPRM, contact 
Viking Air Limited Technical Support, 1959 de Havilland Way, Sidney, 
British Columbia, Canada, V8L 5V5; phone: (800) 663-8444; fax: (403) 
295-8888; email: <a href="/cdn-cgi/l/email-protection#5f3b37002b3a3c3731363c3e33712c2a2f2f302d2b1f2936343631383e362d713c3032"><span class="__cf_email__" data-cfemail="bcd8d4e3c8d9dfd4d2d5dfddd092cfc9ccccd3cec8fccad5d7d5d2dbddd5ce92dfd3d1">[email protected]</span></a>; website: 
vikingair.com/support/service-bulletins.
    <bullet> 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.

FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (917) 
348-6266; email: <a href="/cdn-cgi/l/email-protection#3d5c4b4e1053445c5e52105e524e7d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="bfdec9cc92d1c6dedcd092dcd0ccffd9dede91d8d0c9">[email protected]</span></a>.

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-2023-1821; Project Identifier 
MCAI-2022-01045-A'' 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 
this 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 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 Yaser 
Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 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

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2022-41, dated August 4, 2022 (referred 
to after this as ``the MCAI''), to correct an unsafe condition on all 
Viking Model DHC-3 airplanes.
    The MCAI states that Viking received a post inspection report of 
fatigue cracking on the LHS and RHS of the lower engine mount pickup 
fittings on a Viking Model DHC-3 airplane. The two upper and two lower 
engine mount pickup fittings provide a rigid connection between the 
engine mount ring to which the engine is secured, and the firewall rear 
face. The MCAI also states that the current inspection requirements do 
not include a direct inspection of the lower and upper engine mount 
pickup fittings, and consequently, cracks or other damage to the engine 
mount pickup fittings may not be detected. Additionally, the MCAI 
states that an investigation determined that the upper engine mount 
pickup fittings can also have undetected fatigue cracks because they 
are manufactured from the same material as the lower engine mount 
pickup fittings.
    Cracking of any of the engine mount pickup fittings can result in 
failure of the fitting, leading to a loose connection of the engine 
mount ring, which provides main support for the engine at the firewall. 
This condition, if not addressed, could, in the case of cracking of any 
of the engine mount pickup fittings, result in failure of the fitting, 
leading to a loose connection of the engine mount ring and consequent 
reduced control of the airplane. To address the unsafe condition, the 
MCAI requires a one-time inspection of the affected parts and 
applicable corrective action. The MCAI also requires reporting the 
inspection results to Viking.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1821.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Part 1 of Viking PSM 1-3-3, DHC-3 Otter Repair 
Manual, dated August 1, 1963. This service information specifies 
procedures for determining the damage classification and repair limits 
of any structural damage found on an engine mount pickup fitting and 
determining if an affected engine mount pickup fitting can be repaired 
or if it should be replaced. Although the watermarked words 
``Uncontrolled for Reference Only'' appear on the title page and each 
page of the table of contents of this document, and the watermarked 
word ``Uncontrolled'' appears on each page of Part 1 of this document, 
this is the current version.
    The FAA also reviewed Part 1 of Viking PSM 1-3-5 DHC-3 Otter 
Supplemental Inspection and Corrosion Control Manual, Revision IR, 
dated December 21, 2017 (Viking PSM 1-3-5, Revision IR). This service 
information specifies procedures for repairing any damaged paint or 
surface coating of an engine mount pickup fitting.
    In addition, the FAA reviewed Viking Service Bulletin V3/0012, 
Revision NC, dated January 20, 2022. This service information specifies 
procedures for inspecting the upper and lower LHS and RHS engine mount 
pickup fittings, reporting the inspection results, and performing 
corrective actions. The corrective actions include replacing any loose, 
missing, or broken fastener; and replacing any cracked or deformed 
engine mount pickup fitting with a new or serviceable part.
    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 ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 described 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 in This NPRM

    This proposed AD would require accomplishing the actions specified 
in

[[Page 61490]]

the MCAI, except as discussed under ``Differences Between this Proposed 
AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI requires contacting Viking for approval of proposed repair 
instructions if any corrosion, wear, or fretting damage to any engine 
mount pickup fitting is found and this proposed AD would not. This 
proposed AD would require contacting either the Manager, International 
Validation Branch, FAA; Transport Canada; or Viking's Transport Canada 
Design Approval Organization (DAO). If approved by the DAO, the 
approval must include the DAO-authorized signature.
    Where Part 1 of Viking PSM 1-3-5, Revision IR, specifies contacting 
Viking if the alloy and condition of an affected engine mount pickup 
fitting cannot be identified, this proposed AD would require contacting 
the Manager, International Validation Branch, FAA; Transport Canada; or 
Viking's Transport Canada DAO for instructions. If approved by the DAO, 
the approval must include the DAO-authorized signature.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
If final action is later identified, the FAA might consider further 
rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 65 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Detailed visual inspection of the    2 work-hours x $85 per hour              $0            $170         $11,050
 engine mount pickup fitting.         = $170.
Report results of inspection.......  1 work-hour x $85 per hour                0              85           5,525
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the proposed inspection. 
The agency has no way of determining the number of aircraft that might 
need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                        Labor cost                 Parts cost           Cost per  product
----------------------------------------------------------------------------------------------------------------
Replace engine mount pickup         4 work-hours x $85 per      Up to $692 per engine    Up to $1,032 per engine
 fitting.                            hour = $340 (per engine     mount pickup fitting.    mount pickup fitting.
                                     mount pickup fitting).
Replace the fastener with a new     1 work-hour x $85 per hour  Negligible.............  $85.
 fastener.                           = $85.
Perform a detailed visual           1 work-hour x $85 per hour  $0.....................  $85.
 inspection of the fastener hole.    = $85.
----------------------------------------------------------------------------------------------------------------

    Any repair that may be needed as a result of the detailed visual 
inspection of the engine mount pickup fitting could vary significantly 
from airplane to airplane. The FAA has no data to determine the costs 
to accomplish the repair or the number of airplanes that may require 
repair.

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 a 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 current 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: 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,

[[Page 61491]]

    (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 adding the following new airworthiness 
directive:

Viking Air Limited (Type Certificate Previously Held by Bombardier 
Inc. and de Havilland, Inc.): Docket No. FAA-2023-1821; Project 
Identifier MCAI-2022-01045-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 23, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Viking Air Limited (type certificate 
previously held by Bombardier Inc. and de Havilland, Inc.) Model 
DHC-3 airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7120, Engine Mount 
Section.

(e) Unsafe Condition

    This AD was prompted by a report of cracking in the left-hand 
side (LHS) and right-hand side (RHS) lower engine mount pickup 
fittings. The FAA is issuing this AD to address cracking in the LHS 
and RHS lower engine mount pickup fittings. The unsafe condition, if 
not addressed, could, in the case of cracking of any of the engine 
mount pickup fittings, result in failure of the fitting, leading to 
a loose connection of the engine mount ring, which provides main 
support for the engine at the firewall, and consequent reduced 
control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Within 6 months after the effective date of this AD, do a 
detailed visual inspection of the lower engine mount pickup fittings 
part numbers (P/Ns) C3FS46-7 and C3FS46-8 and the upper engine mount 
pickup fittings P/Ns C3FS42-5 and C3FS42-6 for cracking, deformation 
(altered form or shape), corrosion, fretting or wear, paint or 
surface coating damage (loose, delaminating, flaking, peeling, 
chipping of the coating or paint, exposed bare metal, or corroded), 
and loose, missing, or broken fasteners, in accordance with Part A, 
steps 1 through 8, of the Accomplishment Instructions in Viking 
Service Bulletin V3/0012, Revision NC, dated January 20, 2022 
(Viking SB V3/0012).
    (2) If any crack or deformation (altered form or shape) of any 
engine mount pickup fitting is found during the detailed visual 
inspection required by paragraph (g)(1) of this AD, before further 
flight, replace the fitting with a new or serviceable part, in 
accordance with Part A, step 10, of the Accomplishment Instructions 
in Viking SB V3/0012. For purposes of this AD, ``new'' means zero 
hours time-in-service.
    (3) If any paint or surface coating of the engine mount pickup 
fitting is found damaged (loose, delaminating, flaking, peeling, 
chipping of the coating or paint, exposed bare metal, or corroded) 
during the detailed visual inspection required by paragraph (g)(1) 
of this AD, before further flight, repair the fitting in accordance 
with Part 1 of Viking PSM 1-3-5, DHC-3 Otter Supplemental Inspection 
and Corrosion Control Manual, Revision IR, dated December 21, 2017 
(Viking PSM 1-3-5, Revision IR), and Part A, step 12, of the 
Accomplishment Instructions in Viking SB V3/0012. Where Part 1 of 
Viking PSM 1-3-5, Revision IR, specifies contacting Viking if the 
alloy and condition of an affected engine mount pickup fitting 
cannot be identified, this AD requires contacting the Manager, 
International Validation Branch, FAA; Transport Canada; or Viking's 
Transport Canada Design Approval Organization (DAO) for 
instructions.
    (4) If any loose, missing, or broken fastener is found during 
the detailed visual inspection required by paragraph (g)(1) of this 
AD, before further flight, replace the fastener with a new fastener, 
do a detailed visual inspection of the fastener hole to detect 
cracking, corrosion, an elongated bore hole, bore surface roughness, 
or other defects (abnormalities when compared to a new part), and 
repair any damage found or replace the engine mount pickup fitting 
with a new or serviceable part if damage is beyond repairable 
limits, in accordance with Part 1 of Viking PSM 1-3-3 DHC-3 Otter 
Repair Manual, dated August 1, 1963, and Part A, step 9, of the 
Accomplishment Instructions in Viking SB V3/0012.
    (5) If any corrosion, wear, or fretting to any engine mount 
pickup fitting is found during the detailed visual inspection 
required by paragraph (g)(1) of this AD, before further flight, 
contact the Manager, International Validation Branch, FAA; Transport 
Canada; or Viking's Transport Canada DAO to obtain instructions for 
an approved repair and, within the compliance timeframe specified 
therein, do the repair. If approved by the DAO, the approval must 
include the DAO-authorized signature. Alternatively, before further 
flight, replace the engine mount pickup fitting with a new or 
serviceable part in accordance with Part A, step 10, of the 
Accomplishment Instructions in Viking SB V3/0012.

(h) Reporting Requirement

    Report the inspection results from the detailed visual 
inspection required by paragraph (g)(1) of this AD at the applicable 
time specified in paragraph (h)(1) or (2) of this AD in accordance 
with Part A, step 14, of the Accomplishment Instructions in Viking 
SB V3/0012.
    (1) For inspections done on or after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (2) For inspections done before the effective date of this AD: 
Submit the report within 30 days after the effective date of this 
AD.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation 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 International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: <a href="/cdn-cgi/l/email-protection#0a33274b5c59274b4358273d393a274b4745494a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="e2dbcfa3b4b1cfa3abb0cfd5d1d2cfa3afada1a2848383cc858d94">[email protected]</span></a>. If mailing information, also submit 
information by email. 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.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-41, dated August 4, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1821.
    (2) For more information about this AD, contact Yaser Osman, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (917) 348-6266; email: <a href="/cdn-cgi/l/email-protection#340d190855145c46515209" mailto:avs-nyaco-cos@faa.gov"><span class="__cf_email__" data-cfemail="bedfc8cd93d0c7dfddd193ddd1cdfed8dfdf90d9d1c8">[email protected]</span></a>">9-<a href="/cdn-cgi/l/email-protection#44253237692a3d25272b69272b37042225256a232b32"><span class="__cf_email__" data-cfemail="35544346185b4c54565a18565a46755354541b525a43">[email protected]</span></a></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Viking PSM 1-3-3, DHC-3 Otter Repair Manual, Part 1, dated 
August 1, 1963.

[[Page 61492]]

    Note 1 to paragraph (k)(2)(i): Although the document specified 
in paragraph (k)(2)(i) has the watermarked words ``Uncontrolled for 
Reference Only'' on the title page and each page of the table of 
contents, and the watermarked word ``Uncontrolled'' on each page of 
Part 1, this is a current version of that document.
    (ii) Viking PSM 1-3-5, DHC-3 Otter Supplemental Inspection and 
Corrosion Control Manual, Revision IR, Part 1, dated December 21, 
2017.
    (iii) Viking Service Bulletin V3/0012, Revision NC, dated 
January 20, 2022.
    (3) For Viking service information identified in this AD, 
contact Viking Air Limited Technical Support, 1959 de Havilland Way, 
Sidney, British Columbia, Canada, V8L 5V5; phone: (800) 663-8444; 
fax: (403) 295-8888; email: <a href="/cdn-cgi/l/email-protection#dbbfb384afbeb8b3b5b2b8bab7f5a8aeababb4a9af9badb2b0b2b5bcbab2a9f5b8b4b6"><span class="__cf_email__" data-cfemail="086c60577c6d6b6066616b6964267b7d7878677a7c487e616361666f69617a266b6765">[email protected]</span></a>; 
website: vikingair.com/support/service-bulletins.
    (4) 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.
    (5) You may view this 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, email: <a href="/cdn-cgi/l/email-protection#6006124e090e1310050314090f0e200e0112014e070f16"><span class="__cf_email__" data-cfemail="cea8bce0a7a0bdbeabadbaa7a1a08ea0afbcafe0a9a1b8">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 31, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-19170 Filed 9-6-23; 8:45 am]
BILLING CODE 4910-13-P


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