[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Proposed Rules]
[Pages 40749-40752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14429]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0814; Project Identifier AD-2022-00205-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 Viking Air Limited (type certificate previously held by Bombardier 
Inc. and de Havilland Inc.) Model DHC-2 Mk. I airplanes with 
Supplemental Type Certificate (STC) No. SA01324CH installed. This 
proposed AD was prompted by a report of damage in the main wing spar. 
This proposed AD would require inspecting the wing structure for damage 
(drill starts, corrosion, cracks, and improperly installed fasteners), 
repairing damage and reporting the inspection results if

[[Page 40750]]

necessary. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by August 22, 
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 Wipaire, 
Inc., 1700 Henry Avenue, South Saint Paul, MN 55075; phone: (651) 414-
4460; email: <a href="/cdn-cgi/l/email-protection#7d1f160809073d0a140d1c140f18531e1210"><span class="__cf_email__" data-cfemail="d1b3baa4a5ab91a6b8a1b0b8a3b4ffb2bebc">[email protected]</span></a>; website: www.wipaire.com. You may view 
this service information at the Airworthiness Products Section, 
Operational Safety Branch, FAA, 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-2022-0814; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Dirk Dodge, Aviation Safety Engineer, 
Chicago ACO Branch, FAA, 2300 E. Devon Avenue, Des Plaines, IL 60018; 
phone: (847) 294-7135; email: <a href="/cdn-cgi/l/email-protection#03476a71682d476c676466436562622d646c75"><span class="__cf_email__" data-cfemail="3a7e534851147e555e5d5f7a5c5b5b145d554c">[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-2022-0814; Project Identifier 
AD-2022-00205-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 
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 Dirk 
Dodge, Aviation Safety Engineer, Chicago ACO Branch, FAA, 2300 E Devon 
Avenue, Des Plaines, IL 60018. 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 received a report that during an annual inspection of a 
Viking Air Limited Model DHC-2 Mk. I airplane, a gap was noted between 
the doubler and wing near station 42.5, requiring partial removal of 
the doubler and removal of the sealant between the doubler and the wing 
skin. Further inspection of the internal wing structure of that area 
with a borescope found damage in the forward spar caused by a drill 
during initial installation of the doubler. The doubler was installed 
as part of Wipaire, Inc., STC No. SA01324CH. Inspection of the rest of 
the operator's fleet of airplanes with STC No. SA01324CH installed 
found a total of 6 out of 14 wings with drill start damage in the same 
area. Later inspections on these same airplanes on the outboard end of 
the doubler installation revealed improperly installed fasteners. As 
only a small fraction of the affected fleet has been inspected, the 
possible extent of damage in the field is unknown. Accordingly, the FAA 
determined that in addition to inspecting for drill starts and 
improperly installed fasteners, inspecting for corrosion and cracks is 
necessary. Damage of the main structural members of the wing could 
adversely affect the structural integrity of the airplane and could 
result in loss of control of the airplane.

FAA's Determination

    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.

Related Service Information

    The FAA reviewed a Wipaire, Inc., letter, dated September 7, 2021. 
This letter requests that operators inspect the front wing spar (strap) 
and front (forward) spar aft flange for drill holes due to the 
installation of the top wing strap installed using Wipaire, Inc., 
Drawing 5D1-790, which is an attachment to the letter. This letter also 
requests reporting all findings of damage to Wipaire, Inc.

Proposed AD Requirements in This NPRM

    This proposed AD would require inspecting the wing structure (spar 
cap, spar flange, and stringers) for damage (drill starts, corrosion, 
cracks, and improperly installed fasteners), repairing damage if 
necessary, and reporting certain inspection results.

Differences Between This Proposed AD and the Service Information

    The Wipaire, Inc., letter, dated September 7, 2021, specifies 
inspecting the front spar and front spar aft flange between wing 
stations 42.5 and 56. This proposed AD would require inspecting all 
airplane structure under the installed doubler between wing stations 
30.26 and 126.36.

Impact on Intrastate Aviation in Alaska

    Airplanes modified by Wipaire, Inc., STC No. SA01324CH are often 
used to transport cargo and supplies to remote areas of Alaska. The FAA 
estimates that roughly half of the U.S.-registered airplanes modified 
by STC No. SA01324CH are operating in Alaska. Since damage to the main 
structural members of the wing could result in loss of the airplane 
wing and therefore, loss of control of the airplane, the FAA has 
determined that the need to correct the unsafe conditions outweighs any 
impact on aviation in Alaska.

[[Page 40751]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 96 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          airplane        operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  6 work-hours x $85     Not applicable.......            $510         $48,960
                                     per hour = $510.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                 Action                           Labor cost                  Parts cost             airplane
----------------------------------------------------------------------------------------------------------------
Repair damage...........................  100 work-hours x $85 per    $35,000...................         $43,500
                                           hour = $8,500.
Report inspection results...............  1 work-hour x $85 per hour  Not applicable............             $85
                                           = $85.
----------------------------------------------------------------------------------------------------------------

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, and
    (2) 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-2022-0814; Project 
Identifier AD-2022-00205-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 22, 2022.

(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-
2 Mk. I airplanes, all serial numbers, certificated in any category, 
with Supplemental Type Certificate (STC) No. SA01324CH installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5711, Wing Spar.

[[Page 40752]]

(e) Unsafe Condition

    This AD was prompted by a report of damage in the main wing 
spar. The FAA is issuing this AD to detect and address damage (drill 
starts, corrosion, cracks, and improperly installed fasteners) to 
the main structural members of the wing. This condition, if not 
addressed, could adversely affect the structural integrity of the 
airplane and result in loss of control of the airplane.

(f) Compliance

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

(g) Actions

    Within 12 months after the effective date of this AD, using a 
borescope, flashlight and mirror or equivalent, visually inspect the 
aircraft structure under the installed doubler between wing stations 
30.26 and 126.36 for drill starts, corrosion, cracks, and improperly 
installed fasteners. Pay particular attention to the spar cap, spar 
flange, and stringers, and include all structural items in the wing. 
If there is a drill start, any corrosion, a crack, or an improperly 
installed fastener, before further flight, repair using a method 
approved by the Manager, Chicago ACO Branch, FAA. For a repair 
method to be approved by the Manager, Chicago ACO Branch, as 
required by this paragraph, the Manager's approval letter must 
specifically refer to this AD.
     Note 1 to paragraph (g): Wipaire, Inc., letter, dated September 
7, 2021, provides additional information on this subject, including 
examples of damage.

(h) Reporting Requirement

    If, during the inspection required by paragraph (g) of this AD, 
any damage is found, within 30 days after doing the inspection or 
within 30 days after the effective date of this AD, whichever occurs 
later, report the following information to the person identified in 
paragraph (k)(1) of this AD:
    (1) Name and address of owner.
    (2) Date of the inspection.
    (3) Name, address, telephone number, and email address of person 
submitting the report.
    (4) Airplane serial number, registration number, STC 
installation date, and total hours time-in-service on the airplane 
at the time of the inspection.
    (5) Description of damage. Include affected structure, location, 
dimensions, and photos of damage (or sketches, if photos are not 
possible).

(i) Special Flight Permit

    Special flight permits are prohibited.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago 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 (k)(1) 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.

(k) Related Information

    (1) For more information about this AD, contact Dirk Dodge, 
Aviation Safety Engineer, Chicago ACO Branch, FAA, 2300 E Devon 
Avenue, Des Plaines, IL 60018; phone: (847) 294-7135; email: 
<a href="/cdn-cgi/l/email-protection#2d69445f46036942494a486d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="9adef3e8f1b4def5fefdffdafcfbfbb4fdf5ec">[email protected]</span></a>.
    (2) For service information identified in this AD, contact 
Wipaire, Inc., 1700 Henry Avenue, South Saint Paul, MN 55075; phone: 
(651) 414-4460; email: <a href="/cdn-cgi/l/email-protection#27454c52535d67504e57464e55420944484a"><span class="__cf_email__" data-cfemail="25474e50515f65524c55444c57400b464a48">[email protected]</span></a>; website: www.wipaire.com. 
You may view this referenced service information at the 
Airworthiness Products Section, Operational Safety Branch, FAA, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.

    Issued on July 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14429 Filed 7-7-22; 8:45 am]
BILLING CODE 4910-13-P


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