[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Proposed Rules]
[Pages 48310-48311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19165]



[[Page 48310]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0891; Directorate Identifier 2008-CE-046-AD]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited DHC-6 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. 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:

    Three instances have occurred in which the aircraft took off 
with pre-mod 6/1676 flight control gust locks still installed, 
sometimes with disastrous results.

Based on preliminary investigation, the FAA and National Transportation 
Safety Board (NTSB) believe that an attempted takeoff with the gust 
locks installed could be the cause of a recent accident in Hyannis, 
Massachusetts. 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 September 18, 
2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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 (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer, 
FAA, New York Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone: (516) 228-7303; fax: (516) 794-
5531.

SUPPLEMENTARY INFORMATION:

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-2008-0891; 
Directorate Identifier 2008-CE-046-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

    Transport Canada, which is the aviation authority for Canada, has 
issued AD No. CF-90-01, dated January 31, 1990 (referred to after this 
as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Three instances have occurred in which the aircraft took off 
with pre-mod 6/1676 flight control gust locks still installed, 
sometimes with disastrous results.
    To minimize the possibility of an attempted take-off with the 
gust locks inadvertently installed, and to reduce the possibility of 
the aircraft becoming airborne should such a take-off be attempted, 
accomplish the following:
    1. Incorporate de Havilland Modification 6/1676 which ensures 
downward deflection of the elevators when the control locks are 
engaged.
    2. Incorporate de Havilland Modification 6/1726 to add to the 
control lock a warning flag which masks essential flight instruments 
on the pilot's instrument panel.
    3. The modifications in paragraphs 1 and 2 above are to be 
accomplished in accordance with de Havilland Service Bulletin 6/508 
dated 15 December 1989, or later revisions approved by the Director, 
Airworthiness Branch, Transport Canada, Ottawa.

Based on preliminary investigation, the FAA and NTSB believe that an 
attempted takeoff with the gust locks installed could be the cause of a 
recent accident in Hyannis, Massachusetts.

Relevant Service Information

    Boeing Canada de Havilland Division issued Service Bulletin No. 6/
508, Revision ``A'', dated January 31, 1990. The actions described in 
this service information 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

    We estimate that this proposed AD will affect 42 products of U.S. 
registry. We also estimate that it would take about 6 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour. Required parts would cost 
about $1,125 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S.

[[Page 48311]]

operators to be $67,410, or $1,605 per product.

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Viking Air Limited: Docket No. FAA-2008-0891; Directorate Identifier 
2008-CE-046-AD.

Comments Due Date

    (a) We must receive comments by September 18, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models DHC-6-1, DHC-6-100, DHC-6-200, and 
DHC-6-300 airplanes, serial numbers (SNs) 1 through 696, that
    (1) have not had modifications 6/1676 and 6/1726 installed; and
    (2) are certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Three instances have occurred in which the aircraft took off 
with pre-mod 6/1676 flight control gust locks still installed, 
sometimes with disastrous results.
    To minimize the possibility of an attempted take-off with the 
gust locks inadvertently installed, and to reduce the possibility of 
the aircraft becoming airborne should such a take-off be attempted, 
accomplish the following:
    1. Incorporate de Havilland Modification 6/1676 which ensures 
downward deflection of the elevators when the control locks are 
engaged.
    2. Incorporate de Havilland Modification 6/1726 to add to the 
control lock a warning flag which masks essential flight instruments 
on the pilot's instrument panel.
    3. The modifications in paragraphs 1 and 2 above are to be 
accomplished in accordance with de Havilland Service Bulletin 6/508 
dated 15 December 1989, or later revisions approved by the Director, 
Airworthiness Branch, Transport Canada, Ottawa.

Based on preliminary investigation, the FAA and National 
Transportation Safety Board believe that an attempted takeoff with 
the gust locks installed could be the cause of a recent accident in 
Hyannis, Massachusetts.

Actions and Compliance

    (f) Unless already done, within 6 calendar months after the 
effective date of this AD, do the following actions using Boeing 
Canada de Havilland Division Service Bulletin No. 6/508, Revision 
``A'', dated January 31, 1990:
    (1) Incorporate de Havilland Modification 6/1676, which assures 
downward deflection of the elevators when the control locks are 
engaged.
    (2) Incorporate de Havilland Modification 6/1726, which adds to 
the control lock a warning flag which masks essential flight 
instruments on the pilot's instrument panel.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Fabio Buttitta, Aerospace Engineer, FAA, New 
York Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone: (516) 228-7303; fax: (516) 794-5531. 
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) 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.
    (3) 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

    (h) Refer to MCAI Transport Canada AD No. CF-90-01, dated 
January 31, 1990; and Boeing Canada de Havilland Division Service 
Bulletin No. 6/508, Revision ``A'', dated January 31, 1990, for 
related information.

    Issued in Kansas City, Missouri, on August 12, 2008.
G. Wes Ryan,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-19165 Filed 8-18-08; 8:45 am]
BILLING CODE 4910-13-P