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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 

# 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. 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: 
      -  Federal eRulemaking Portal:                          Go to                          http://www.regulations.gov.                          Follow the instructions for submitting comments.                     
      -  Fax:                          (202) 493-2251.                     
      -  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.                     
      -  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.                           ( print 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. 

§ 39.13 

2. The FAA amends § 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