[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Proposed Rules]
[Pages 9274-9276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03459]


========================================================================
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. 87, No. 34 / Friday, February 18, 2022 / 
Proposed Rules

[[Page 9274]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0190; Project Identifier 2019-CE-048-AD]
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: Proposed rule; correction.

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

SUMMARY: The FAA is correcting a notice of proposed rulemaking (NPRM) 
that published in the Federal Register. The NPRM proposed to issue an 
airworthiness directive (AD) that would apply to all Viking Air Limited 
Model DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. As 
published, the docket number referenced throughout is incorrect. This 
document corrects that error. In all other respects, the original 
document remains the same; however, for clarity, the FAA is publishing 
the entire proposed rule in the Federal Register.

DATES: The last date for submitting comments on the NPRM (87 FR 7065, 
February 8, 2022) remains March 25, 2022.

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 https://www.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.
    For service information identified in this NPRM, contact Viking Air 
Limited Technical Support, 1959 De Havilland Way, Sidney, British 
Columbia, Canada, V8L 5V5; phone: (North America) (800) 663-8444; fax: 
(250) 656-0673; email: <a href="/cdn-cgi/l/email-protection#235746404b4d4a40424f0d505653534c515763554a484a4d44424a510d404c4e"><span class="__cf_email__" data-cfemail="770312141f191e14161b590402070718050337011e1c1e1910161e055914181a">[email protected]</span></a>; website: 
https://www.vikingair.com/support/service-bulletins. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0190; 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 MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aviation Safety Engineer, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; phone: (516) 287-7329; email: <a href="/cdn-cgi/l/email-protection#4322392a396d222b2e2627032522226d242c35"><span class="__cf_email__" data-cfemail="7312091a095d121b1e1617331512125d141c05">[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-2022-0190; Project Identifier 
2019-CE-048-AD'' 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 
https://www.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 Aziz 
Ahmed, Aerospace Engineer, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, New York 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

    The FAA issued an NPRM (87 FR 7065, February 8, 2022) that would 
apply to all Viking Air Limited (Viking) Model DHC-2 Mk. I, DHC-2 Mk. 
II, and DHC-2 Mk. III airplanes. The NPRM proposed to supersede 
Airworthiness Directive (AD) 64-09-03, Amendment 718 (29 FR 5390; April 
22, 1964) (AD 64-09-03), which applies to all de Havilland (type 
certificate now held by Viking) Model DHC-2 ``Beaver'' airplanes. AD 
64-09-03 requires inspecting the aileron mass balance weight arms for 
cracks and corrosion and replacing any damaged part.
    The NPRM proposed to require establishing a corrosion prevention 
and control program to identify and correct corrosion. In the NPRM, the 
FAA also proposed to require completing all of the initial tasks 
identified in the program and reporting corrosion findings to Viking. 
The NPRM was prompted by mandatory continued airworthiness information 
(MCAI) issued by Transport Canada, which is the airworthiness authority 
for Canada. Corrosion-related degradation, if not addressed, could lead 
to structural

[[Page 9275]]

failure with consequent loss of control of the airplane.

Need for the Correction

    As published, the docket number referenced throughout the NPRM is 
incorrect. The NPRM incorrectly references ``Docket No. FAA-2020-7071'' 
instead of ``Docket No. FAA-2022-0190.''
    Although no other part of the preamble or regulatory information 
has been corrected, for clarity, the FAA is publishing the entire 
proposed rule in the Federal Register.
    The comment due date of the NPRM remains March 25, 2022.

Related Service Information

    The FAA reviewed Viking DHC-2 Beaver Service Bulletin V2/0011, 
Revision NC, dated November 28, 2019. This service information provides 
a list of new inspection tasks that have been added to the DHC-2 
supplementary inspection and corrosion control program, Viking Product 
Support Manual (PSM) 1-2-5 DHC-2 Beaver Supplemental Inspection and 
Corrosion Control Manual, Revision 1, dated January 10, 2019 (Viking 
PSM-1-2-5, Revision 1).
    The FAA also reviewed Viking PSM-1-2-5, Revision 1, which specifies 
procedures for inspecting areas of the airplane that are particularly 
susceptible to corrosion-related degradation. Viking PSM 1-2-5, 
Revision 1 also specifies repetitive inspection intervals, defines the 
different levels of corrosion, and provides corrective action if 
corrosion is found.

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 this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information referenced 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

    This proposed AD would retain none of the requirements of AD 64-09-
03. This proposed AD would require establishing a corrosion prevention 
and control program approved by the FAA, including initial inspection 
tasks to identify corrosion and cracking, repetitive inspection 
intervals, and corrective actions (such as repairs and application of 
corrosion inhibitors) if corrosion or cracking is found. This proposed 
AD would also require, before further flight after establishing the 
program, completing all of the initial tasks identified in the program. 
Lastly, this proposed AD would require reporting corrosion findings to 
Viking. Because the program would include the inspection of the aileron 
balance weight arms required by AD 64-09-03, this proposed AD would 
supersede AD 64-09-03.

ADs Mandating Airworthiness Limitations

    The FAA has previously mandated airworthiness limitations by 
issuing ADs that require revising the airworthiness limitation section 
(ALS) of the existing maintenance manual or instructions for continued 
airworthiness to incorporate new or revised inspections. This proposed 
AD, however, would require establishing and incorporating new 
inspections into the maintenance records required by 14 CFR 
91.417(a)(2) or 135.439(a)(2) for your airplane. The FAA does not 
intend this as a substantive change. Requiring incorporation of the new 
ALS requirements into the maintenance records, rather than requiring 
individual repetitive inspections and replacements, allows operators to 
record AD compliance once after updating the maintenance records, 
rather than recording compliance after every inspection and part 
replacement.

Differences Between This Proposed AD and the MCAI

    The MCAI requires completing the actions as specified in Viking 
PSM-1-2-5. Revision 1. This proposed AD would not require Viking PSM-1-
2-5, Revision 1, but would require establishing a corrosion prevention 
and control program using an FAA-approved method. However, the FAA 
considers Viking PSM 1-2-5, Revision 1 an approved method.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 135 airplanes of U.S. registry. The FAA also estimates that it 
would take about 342 work-hours per airplane to establish a corrosion 
prevention and control program and comply with the initial inspection 
tasks of the program.
    Based on these figures, the FAA estimates the cost of this proposed 
AD on U.S. operators to be $3,924,450 or $29,070 per airplane.
    The FAA estimates it would take about 1-work hour to report any 
corrosion found during the proposed initial inspections, for an 
estimated cost of $85 per airplane.
    The extent of damage found during the proposed initial inspections 
may vary significantly from airplane to airplane. The FAA has no way to 
determine the estimated cost of repair or replacement of damaged parts 
for each airplane or how many airplanes may need these repairs or 
replacements.

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 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 currently 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.

[[Page 9276]]

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 that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (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.

Correction

    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  [Corrected]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 64-09-03, Amendment 718 (29 FR 
5390; April 22, 1964); and
0
b. Adding the following new airworthiness directive:

Viking Air Limited (Type Certificate Previously Held by Bombardier 
Inc. and de Havilland, Inc.): Docket No. FAA-2022-0190; Project 
Identifier 2019-CE-048-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 25, 2022.

(b) Affected ADs

    This AD replaces AD 64-09-03, Amendment 718 (29 FR 5390; April 
22, 1964).

(c) Applicability

    This AD applies to Viking Air Limited (type certificate 
previously held by Bombardier Inc. and de Havilland, Inc.) Model 
DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes, all serial 
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2000, Airframe.

(e) Unsafe Condition

    This AD was prompted by 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 corrosion-
related degradation in aging aircraft. The FAA is issuing this AD to 
detect and address corrosion, which could lead to structural failure 
with consequent loss of control of the airplane.

(f) Compliance

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

(g) Inspection Tasks

    Within 8 months after the effective date of this AD, establish 
in the maintenance records required by 14 CFR 91.417(a)(2) or 
135.439(a)(2), as applicable for your aircraft, a corrosion 
prevention and control program approved by the FAA that includes 
initial inspections to identify corrosion and cracking, repetitive 
inspection intervals, and corrective actions (repairs and 
application of corrosion inhibitors) if corrosion or cracking is 
found. Before further flight after establishing the corrosion 
prevention and control program, complete all of the initial tasks 
identified in the program. To obtain FAA approval, you must contact 
the New York ACO Branch using the contact information found in 
paragraph (j)(3) of this AD.
    Note 1 to paragraph (g): Viking Product Support Manual PSM 1-2-5 
DHC-2 Beaver Supplemental Inspection and Corrosion Control Manual, 
Revision 1, dated January 10, 2019 (Viking PSM 1-2-5, Revision 1), 
contains additional information related to this AD and is an FAA-
approved method for establishing a corrosion prevention and control 
program.
    Note 2 to paragraph (g): Viking DHC-2 Beaver Service Bulletin 
V2/0011, Revision NC, dated November 28, 2019 (Viking SB V2/0011, 
Revision NC), also contains additional information related to this 
AD.

(h) Reporting

    If, during any task required by paragraph (g) of this AD, any 
corrosion is found: within 30 days after completing the task or 
within 30 days after the effective date of this AD, whichever occurs 
later, report the corrosion to Viking at 
<a href="/cdn-cgi/l/email-protection#99edfcfaf1f7f0faf8f5b7eaece9e9f6ebedd9eff0f2f0f7fef8f0ebb7faf6f4"><span class="__cf_email__" data-cfemail="1b6f7e78737572787a7735686e6b6b74696f5b6d727072757c7a726935787476">[email protected]</span></a> or at the address listed in 
paragraph (j)(4) of this AD. The report must include the following:
    (1) Operator;
    (2) Airplane serial number;
    (3) Airplane hours time-in-service at time of inspection;
    (4) Inspection task number and date of inspection;
    (5) Airplane operating environment; and
    (6) Type, level or extent, location, and cause (if known) of 
damage.

(i) Alternative Methods of Compliance (AMOCs)

    (1) 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 local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the certification office, send it to the attention of the 
person identified in paragraph (j)(3) of this AD.
    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved specifically for this AD by the Manager, New York 
ACO Branch, FAA.

(j) Related Information

    (1) Refer to the MCAI from Transport Canada, AD CF-2019-25, 
dated July 5, 2019, for related information. You may examine the 
MCAI at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0190.
    (2) Viking SB V2/0011, Revision NC and Viking PSM 1-2-5, 
Revision 1 contain additional information related to this AD.
    (3) For information about this AD, contact Aziz Ahmed, Aerospace 
Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; phone: (516) 287-7329; email: 
<a href="/cdn-cgi/l/email-protection#67061d0e1d49060f0a02032701060649000811"><span class="__cf_email__" data-cfemail="5a3b203320743b32373f3e1a3c3b3b743d352c">[email protected]</span></a>.
    (4) For service information identified in this AD, contact 
Viking Air Limited Technical Support, 1959 De Havilland Way, Sidney, 
British Columbia, Canada, V8L 5V5; phone: (North America) (800) 663-
8444; fax: (250) 656-0673; email: <a href="/cdn-cgi/l/email-protection#a4d0c1c7cccacdc7c5c88ad7d1d4d4cbd6d0e4d2cdcfcdcac3c5cdd68ac7cbc9"><span class="__cf_email__" data-cfemail="cfbbaaaca7a1a6acaea3e1bcbabfbfa0bdbb8fb9a6a4a6a1a8aea6bde1aca0a2">[email protected]</span></a>; 
website: https://www.vikingair.com/support/service-bulletins. You 
may review this referenced 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.

    Issued on February 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-03459 Filed 2-17-22; 8:45 am]
BILLING CODE 4910-13-P


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