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.

Proposed Rules Federal Register

13448 

Vol. 72, No. 55 

Thursday, March 22, 2007 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27193; Directorate 

Identifier 2007–CE–009–AD] 

RIN 2120–AA64 

Airworthiness Directives; Viking Air 

Limited (Type Certificate No. A–806 

Previously Held by deHavilland Inc.) 

Models DHC–2 Mk. I, DHC–2 Mk. II, and 

DHC–2 Mk. III Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed 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: 

A report has been received of stress 

corrosion cracking occurring in the wing lift 

strut lower clevis fitting, part number C2W– 

1097A. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by April 23, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590– 

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.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 (telephone (800) 647– 

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

George J. Duckett, Aerospace Engineer, 

FAA, New York Aircraft Certification 

Office, 10 Fifth Street, Valley Stream, 

New York 11581; telephone: (516) 228– 

7325; fax: (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

follow all FAA AD issuance processes to 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 

unsafe conditions on U.S.-certificated 

products. 

This proposed AD references the 

MCAI and related service information 

that we considered in forming the 

engineering basis to correct the unsafe 

condition. The proposed AD contains 

text copied from the MCAI and for this 

reason might not follow our plain 

language principles. 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–27193; Directorate Identifier 

2007–CE–009–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:// 

dms.dot.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 

We issued AD 88–08–02, Amendment 

39–5889, to address an unsafe condition 

on the products listed above. 

Since we issued AD 88–08–02, 

additional airplanes have been 

identified that need to be added to the 

Applicability section. Viking Air 

Limited has issued Revision C to 

Service Bulletin No. 2/41 that changes 

the inspection method from dye 

penetrant to fluorescent penetrant. 

Viking Air Limited has also issued 

Service Bulletin 2/55 that allows for 

eddy current inspections, which extend 

the repetitive inspection intervals. 

Transport Canada, which is the 

aviation authority for Canada, has 

issued AD No. CF–1985–08R4, dated 

September 28, 2006 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

A report has been received of stress 

corrosion cracking occurring in the wing lift 

strut lower clevis fitting, part number C2W– 

1097A. 

The MCAI requires: 

This AD revision is being issued to allow 

operators the option of continuing with the 

existing inspection intervals in accordance 

with CF–85–08R3 (Part A) or incorporating 

the improved alternate inspection method in 

accordance with Part B, to permit an increase 

in inspection intervals. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Viking Air Limited has issued Service 

Bulletin S/B No. 2/41, Revision ‘‘C’’, 

dated June 23, 2006; and Service 

Bulletin No. 2/55, dated June 23, 2006. 

The actions described in these service 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Proposed Rules 13449 

bulletins are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed 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 proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 392 products of U.S. 

registry. We also estimate that it would 

take about 7 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $219,520, or $560 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 7 work-hours and require parts 

costing $6,227 for each wing strut 

assembly, for a cost of $6,787 per wing 

strut assembly. We have no way of 

determining the number of products 

that may need these actions. 

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); 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

88–08–02, Amendment 39–5889, and 

adding the following new AD: 

Viking Air Limited (Type Certificate No. A– 

806 previously held by deHavilland 

Inc.): Docket No. FAA–2007–27193; 

Directorate Identifier 2007–CE–009–AD. 

Comments Due Date 

(a) We must receive comments by April 23, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Models DHC–2 Mk. 

I, DHC–2 Mk. II, and DHC–2 Mk. III 

airplanes, all serial numbers, that: 

(1) Are certificated in any category; and 

(2) Are equipped with wing lift strut 

assemblies, part numbers (P/Ns) C2W1103, 

C2W1103A, C2W1104, or C2W1104A. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A report has been received of stress 

corrosion cracking occurring in the wing lift 

strut lower clevis fitting, part number C2W–

1097A. 

Retained Requirements of AD 88–08–02 

(f) For all Models DHC–2 Mk. I and DHC–

2 Mk. III airplanes certificated in any 

category that are equipped with wing lift 

strut assemblies, P/Ns C2W1103, C2W1103A, 

C2W1104, or C2W1104A: Within 100 hours 

time-in-service (TIS) or one month after May 

11, 1988 (the effective date of AD 88–08–02), 

whichever occurs first, and thereafter at 

intervals not to exceed 500 hours TIS or 12 

calendar months, whichever occurs first: 

(1) Remove wing strut assemblies, 

C2W1103 or C2W1103A and C2W1104 or 

C2W1104A from the airplane and prepare the 

assemblies for inspection as described in the 

‘‘ACCOMPLISHMENT INSTRUCTIONS’’

section of DeHavilland Service Bulletin (S/B) 

No. 2/41, Revision A, dated August 14, 1987. 

(2) Conduct a dye penetrant inspection 

with a 10-power glass for cracks in the lugs 

of the lower attachment clevis fitting. 

(3) If cracks are found, prior to further 

flight replace the complete strut assembly 

with a strut assembly of the same part 

number that has had the lower clevis fitting 

inspection using the dye penetrant procedure 

and has been found free of cracks, or strut 

assembly C2W1115–1 or C2W1115–2, as 

appropriate. 

(4) If no cracks are found, clean the lower 

clevis fitting and reinstall the wing strut 

assembly. 

(5) If wing strut assembly C2W1115–1 or 

C2W1115–2 is installed, the recurring 

inspection specified in paragraph (f) of this 

AD is no longer required. 

New Requirements of This AD: Actions and 

Compliance 

(g) Unless already done, do either (1) or (2) 

of the following actions: 

(1) Inspection using fluorescent penetrant 

method: Perform the Accomplishment 

Instructions of Viking Air Ltd. Service 


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13450 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Proposed Rules 

Bulletin No. 2/41, Revision C, dated June 23, 

2006. 

(i) For airplanes previously affected by AD 

88–08–02: Inspect within 12 calendar months 

after the last inspection required by AD 88–

08–02 or within 30 days after the effective 

date of this AD, whichever occurs later, and 

thereafter at intervals not to exceed 12 

calendar months. 

(ii) For airplanes not previously affected by 

AD 88–08–02: Inspect within the next 100 

hours time-in-service (TIS) or 12 calendar 

months after the effective date of this AD, 

whichever occurs first, and thereafter at 

intervals not to exceed 12 calendar months. 

(2) Inspection using eddy current method: 

Perform the Accomplishment Instructions of 

Viking Air Ltd. SB No. 2/55, dated June 23, 

2006. 

(i) For airplanes previously affected by AD 

88–08–02: Inspect within 12 calendar months 

after the last inspection required by AD 88–

08–02 or within 30 days after the effective 

date of this AD, whichever occurs later, and 

thereafter at intervals not to exceed 24 

calendar months. 

(ii) For airplanes not previously affected by 

AD 88–08–02: Inspect within 100 hours TIS 

or 12 calendar months after the effective date 

of this AD, whichever occurs first, and 

thereafter at intervals not to exceed 24 

calendar months. 

(3) If cracks are found during any 

inspection required by either paragraph (g)(1) 

or (g)(2) of this AD, before further flight: 

(i) Replace the complete strut assembly 

with a strut assembly of the same part 

number that has had the lower clevis fitting 

inspected using either the fluorescent 

penetrant method specified in paragraph 

(g)(1) of this AD or the eddy current method 

specified in paragraph (g)(2) of this AD and 

is found free of cracks; or 

(ii) Replace the complete strut assembly 

with strut assembly C2W1115–1 or 

C2W1115–2, as appropriate. Installing wing 

strut assembly C2W1115–1 or C2W1115–2 as 

replacement parts terminates the recurring 

inspections required in paragraphs (g)(1) and 

(g)(2) of this AD. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office, FAA, ATTN: George J. 

Duckett, Aerospace Engineer, 10 Fifth Street, 

Valley Stream, New York 11581; telephone: 

(516) 228–7325; fax (516) 794–5531, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) AMOCs approved for AD 88–08–02 are 

not approved for this AD. 

(3) 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. 

(4) 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 

(i) Refer to MCAI Transport Canada AD 

CR–1985–08R4, dated September 28, 2006; 

and Viking Air Limited Service Bulletin S/B 

No. 2/41, Revision ‘‘C’’, dated June 23, 2006; 

and Service Bulletin No. 2/55, dated June 23, 

2006; for related information. 

Issued in Kansas City, Missouri, on March 

15, 2007. 

David R. Showers, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–5215 Filed 3–21–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–003] 

RIN 1625–AA00 

Safety Zone; Kenosha Harbor, 

Kenosha, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone in 

Kenosha Harbor at the east end of the 

south pier. This zone is intended to 

restrict vessels from portions of Lake 

Michigan and Kenosha Harbor during a 

fireworks display on August 11, 2007. 

This zone is necessary to protect the 

public from the hazards associated with 

fireworks displays. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

April 23, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander, 

Coast Guard Sector Lake Michigan 

(spw), 2420 South Lincoln Memorial 

Drive, Milwaukee, WI 53207. The Sector 

Lake Michigan Prevention Department 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

the Sector Lake Michigan Prevention 

Department between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

CWO Brad Hinken, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at (414) 747–

7154. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking [CGD09–07–003], 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the Sector 

Lake Michigan Prevention Department 

at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a fireworks display. Based on 

accidents that have occurred in other 

Captain of the Port zones, and the 

explosive hazards of fireworks, the 

Captain of the Port Lake Michigan has 

determined fireworks launches in close 

proximity to watercraft pose significant 

risk to public safety and property. The 

likely combination of large numbers of 

recreation vessels, congested waterways, 

darkness punctuated by bright flashes of 

light, alcohol use, and debris falling into 

the water could easily result in serious 

injuries or fatalities. Establishing a 

safety zone to control vessel movement 

around the location of the launch 

platform will help ensure the safety of 


rmajette on PROD1PC67 with PROPOSALS