Airworthiness Directives; Viking Air Limited DHC-6 Series Airplanes, 71528-71530 [E8-27299]

Download as PDF 71528 Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0891 Directorate Identifier 2008–CE–046–AD; Amendment 39–15741; AD 2008–24–01] RIN 2120–AA64 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone: (516) 228–7303; fax: (516) 794–5531. SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued 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: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on August 19, 2008 (73 FR 48310). That NPRM proposed 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. Airworthiness Directives; Viking Air Limited DHC–6 Series Airplanes AGENCY: 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 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. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective December 30, 2008. On December 30, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 The MCAI, to prevent an attempted take-off with the gust locks installed, requires the incorporation of de Havilland Modification 6/1676 (ensures downward deflection of the elevators when the control locks are engaged) and incorporation of de Havilland Modification 6/1726 (adds to the control lock a warning flag which masks essential flight instruments on the pilot’s instrument panel). Comments We gave the public the opportunity to participate in developing this AD. We have considered the comment received. Comment Issue: Proposed AD Deals With an Operational/Pilot Error The Aircraft Owners and Pilots Association (AOPA) recommends that the FAA issue a special airworthiness information bulletin (SAIB) instead of an AD. AOPA cites another similar situation where the FAA issued an SAIB for Raytheon Aircraft Company (RAC) (now, Hawker Beechcraft Corporation (HBC)) airplanes instead of an AD, dealing with both operational/pilot error and the failure of the pilot to remove the control lock before flight. AOPA believes that this is not an unsafe condition under 14 CFR part 39. The FAA partially agrees with the commenter that in the referenced situation we issued an SAIB instead of an AD. However, we disagree with the commenter that this particular situation should require no more than SAIB action. This AD action differs from the situation that warranted the SAIB. The SAIB, dated March 11, 2002, for the HBC airplanes was prompted because of operators using makeshift gust locks (common bolts or nails) instead of gust locks provided by the manufacturer. The SAIB recommends use of gust locks that meet the requirements for flight control locks as defined by 14 CFR 23.679 and recommends pilots review their preflight checks. The SAIB also recommends that operators replace older gust locks that locked the controls in the neutral position with newer modified gust locks that locked the controls in the nose down and/or roll input position. The SAIB applies to the entire line (including commuter category 1900 series) of HBC propeller-driven airplanes, primarily to address accidents that involved gust locks on noncommuter category airplanes. This includes the HBC 1900 series airplanes, which like the DHC–6 series airplanes, are used in commuter operations (14 CFR part 135). The 1900 series airplanes are included as an extra measure to reinforce prudent practice on HBC’s entire line of propeller-driven airplanes. It should be noted that the HBC Model 1900 gust lock design always locks the control column in a nose down and/or roll input position. The following table, Current Gust Lock Design Differences Between 1900 Series Airplanes and DHC–6 (pre-Mod 6/1676/Mod 6/1726) Series Airplanes, illustrates the design differences between the two series of airplanes: CURRENT GUST LOCK DESIGN DIFFERENCES BETWEEN 1900 SERIES AIRPLANES AND DHC–6 (PRE-MOD 6/1676/ MOD 6/1726) SERIES AIRPLANES erowe on PROD1PC63 with RULES 1900 Series DHC–6 Series Gust lock design pins the control column in a nose-down elevator position that prevents takeoff. Rotates the control wheel approximately 15 degrees to the left when the lock is engaged to indicate gust lock engagement. Includes a clamp over the engine control levers with a red warning flag on a chain between the engine control clamp and the control column pin, and a chain connected to the rudder lock pin installed in the floorboards. Design provides an obvious warning that the gust locks are engaged ... Pre-Mod 6/1676/Mod 6/1726 design of the gust locks pins the control column in a neutral elevator position that allows takeoff. Control wheel is not rotated as a visual indicator that the gust lock is engaged. Does not include a clamp over the engine control levers or a warning flag. VerDate Aug<31>2005 16:08 Nov 24, 2008 Jkt 217001 PO 00000 Frm 00008 Fmt 4700 No obvious warning that the gust locks are engaged. Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1 Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Rules and Regulations erowe on PROD1PC63 with RULES There have been no known accidents of the 1900 series airplanes attributed to failure to remove a gust lock. The DHC–6 series airplanes are comparable to the 1900 series airplanes and may be used as commuter category airplanes. Before issuance of the MCAI, there were three occurrences of DHC–6 series airplanes attempting take off with pre-Mod 6/1676 gust locks still installed, sometimes with disastrous results. Recently, we had a fatal accident in Hyannis, Massachusetts, where preliminary investigations reveal a pre-Mod 6/1676 gust lock installed. This AD goes beyond recommending that pilots review and adhere to all preflight checks and before take-off procedures. This AD would require operators to incorporate de Havilland Modification 6/1676, which locks the control column forward (elevator nose down position). This reduces the possibility of the airplane becoming airborne should a takeoff be attempted with the gust lock installed. This AD would also require operators to incorporate Mod 6/1726, which adds a warning flag that masks essential flight instruments on the pilot’s instrument panel. This gives a more obvious warning to the pilot that the gust locks are installed, minimizing the possibility of an attempted take-off with gust locks installed. Because this issue has been the cause of past accidents that resulted in the MCAI and could be the cause or a contributing factor to a recent accident, we determined that an unsafe condition exists and the condition is likely to exist or develop in other products of the same type design registered in the United States. We are not changing the final rule AD action based on this comment. Differences Between This 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 required 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 AD. Costs of Compliance Based on the service information, we estimate that this AD will affect 42 VerDate Aug<31>2005 14:39 Nov 24, 2008 Jkt 217001 products of U.S. registry. We also estimate that it will take about 6 workhours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $1,125 per product. Based on these figures, we estimate the cost of this AD to the U.S. 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 AD will not have federalism implications under Executive Order 13132. This AD will 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 AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under 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 AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 71529 docket contains the NPRM, 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 adding the following new AD: ■ 2008–24–01 Viking Air Limited: Amendment 39–15741; Docket No. FAA–2008–0891; Directorate Identifier 2008–CE–046–AD. Effective Date (a) This airworthiness directive (AD) becomes effective December 30, 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. The MCAI, to prevent an attempted take-off with the gust locks installed, requires the incorporation of de Havilland Modification 6/1676 (ensures downward deflection of the elevators when the control locks are engaged) and incorporation of de Havilland Modification 6/1726 (adds to the control lock a warning flag which masks essential flight instruments on the pilot’s instrument panel). Based on investigation, the FAA and National Transportation Safety Board believe E:\FR\FM\25NOR1.SGM 25NOR1 71530 Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Rules and Regulations 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 December 30, 2008 (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 that covers up 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 Aircraft 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. erowe on PROD1PC63 with RULES 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. Material Incorporated by Reference (i) You must use Boeing Canada de Havilland Division Service Bulletin No. 6/508, Revision ‘‘A,’’ dated January 31, 1990, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of VerDate Aug<31>2005 14:39 Nov 24, 2008 Jkt 217001 this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Viking Air Ltd., 9564 Hampden Rd., Sidney, British Columbia, Canada V8L 5V5; telephone: 800–663–8444 or 250–656–7227; fax: 250–656–0673; E-mail: info@vikingair.com; Web: https:// www.vikingair.com. (3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federal-register/ cfr/ibr-locations.html. Issued in Kansas City, Missouri on November 10, 2008. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–27299 Filed 11–24–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–28691; Directorate Identifier 2006–SW–22–AD; Amendment 39– 15744; AD 2008–24–04] RIN 2120–AA64 Airworthiness Directives; Eurocopter France Model AS355E, F, F1, F2, and N Helicopters Federal Aviation Administration, DOT. ACTION: Final rule. AGENCY: SUMMARY: This amendment supersedes an existing airworthiness directive (AD) for the specified Eurocopter France (Eurocopter) model helicopters. That AD currently requires certain checks of the magnetic chip detector plug (chip detector) and the main gearbox (MGB) oil-sight glass, certain inspections of the lubrication pump (pump), and replacing the MGB and the pump with an airworthy MGB and pump, if necessary. Also, the AD requires that before a pump or MGB with any hours time-inservice (TIS) can be installed, it must meet the AD requirements. This AD adds all serial-numbered pumps to the applicability and requires using an improved procedure for detecting oil pump wear. This amendment is prompted by additional cases of MGB lubrication pump deterioration and a further investigation that determined that all serial-numbered pumps might be affected and the development of an improved procedure that is more PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 accurate for detecting oil pump wear earlier. The actions specified by this AD are intended to implement improved procedures to detect a failing MGB oil pump, prevent failure of the MGB pump, seizure of the MGB, loss of drive to an engine and main rotor, and subsequent loss of control of the helicopter. Effective December 30, 2008. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 30, 2008. ADDRESSES: You may get the service information identified in this AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, TX 75053– 4005, telephone (972) 641–3460, fax (972) 641–3527, or at https:// www.eurocopter.com. Examining the Docket: You may examine the docket that contains this AD, any comments, and other information on the Internet at https:// www.regulations.gov, or at the Docket Operations office, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC. DATES: Ed Cuevas, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193–0111, telephone (817) 222–5355, fax (817) 222–5961. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 by superseding AD 2003–21–09 R1, Docket No. 2003–SW–10–AD, Amendment 39– 14621 (71 FR 31070, June 1, 2006), for the specified Eurocopter model helicopters was published in the Federal Register on July 13, 2007 (72 FR 38529). That notice of proposed rulemaking (NPRM) proposed retaining the requirements in AD 2003–21–09 R1 and adding certain part-numbered pumps to the applicability. After we issued the NPRM, the manufacturer developed an improved procedure for monitoring the condition of the MGB lubrication pump. Also, a commenter to the NPRM agreed that the improved procedure is a better way to detect MGB oil pump problems because ‘‘sludge on the chip plug can come from sources within the MGB oil system.’’ We agreed with the commenter that the improved procedure is a better way to detect MGB oil pump problems because this process reflects the progressive inefficiency as the oil pump wears as it relates to steady oil temperature and variable outside air temperature (OAT) and issued a supplemental notice of FOR FURTHER INFORMATION CONTACT: E:\FR\FM\25NOR1.SGM 25NOR1

Agencies

[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Pages 71528-71530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27299]



[[Page 71528]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0891 Directorate Identifier 2008-CE-046-AD; 
Amendment 39-15741; AD 2008-24-01]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited DHC-6 Series 
Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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 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. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective December 30, 2008.
    On December 30, 2008, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on August 19, 2008 (73 
FR 48310). That NPRM proposed 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.

The MCAI, to prevent an attempted take-off with the gust locks 
installed, requires the incorporation of de Havilland Modification 6/
1676 (ensures downward deflection of the elevators when the control 
locks are engaged) and incorporation of de Havilland Modification 6/
1726 (adds to the control lock a warning flag which masks essential 
flight instruments on the pilot's instrument panel).

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comment received.

Comment Issue: Proposed AD Deals With an Operational/Pilot Error

    The Aircraft Owners and Pilots Association (AOPA) recommends that 
the FAA issue a special airworthiness information bulletin (SAIB) 
instead of an AD. AOPA cites another similar situation where the FAA 
issued an SAIB for Raytheon Aircraft Company (RAC) (now, Hawker 
Beechcraft Corporation (HBC)) airplanes instead of an AD, dealing with 
both operational/pilot error and the failure of the pilot to remove the 
control lock before flight. AOPA believes that this is not an unsafe 
condition under 14 CFR part 39.
    The FAA partially agrees with the commenter that in the referenced 
situation we issued an SAIB instead of an AD. However, we disagree with 
the commenter that this particular situation should require no more 
than SAIB action.
    This AD action differs from the situation that warranted the SAIB. 
The SAIB, dated March 11, 2002, for the HBC airplanes was prompted 
because of operators using makeshift gust locks (common bolts or nails) 
instead of gust locks provided by the manufacturer. The SAIB recommends 
use of gust locks that meet the requirements for flight control locks 
as defined by 14 CFR 23.679 and recommends pilots review their 
preflight checks. The SAIB also recommends that operators replace older 
gust locks that locked the controls in the neutral position with newer 
modified gust locks that locked the controls in the nose down and/or 
roll input position.
    The SAIB applies to the entire line (including commuter category 
1900 series) of HBC propeller-driven airplanes, primarily to address 
accidents that involved gust locks on non-commuter category airplanes. 
This includes the HBC 1900 series airplanes, which like the DHC-6 
series airplanes, are used in commuter operations (14 CFR part 135). 
The 1900 series airplanes are included as an extra measure to reinforce 
prudent practice on HBC's entire line of propeller-driven airplanes. It 
should be noted that the HBC Model 1900 gust lock design always locks 
the control column in a nose down and/or roll input position.
    The following table, Current Gust Lock Design Differences Between 
1900 Series Airplanes and DHC-6 (pre-Mod 6/1676/Mod 6/1726) Series 
Airplanes, illustrates the design differences between the two series of 
airplanes:

 Current Gust Lock Design Differences Between 1900 Series Airplanes and
           DHC-6 (Pre-Mod 6/1676/ Mod 6/1726) Series Airplanes
------------------------------------------------------------------------
              1900 Series                          DHC-6 Series
------------------------------------------------------------------------
Gust lock design pins the control        Pre-Mod 6/1676/Mod 6/1726
 column in a nose-down elevator           design of the gust locks pins
 position that prevents takeoff.          the control column in a
                                          neutral elevator position that
                                          allows takeoff.
Rotates the control wheel approximately  Control wheel is not rotated as
 15 degrees to the left when the lock     a visual indicator that the
 is engaged to indicate gust lock         gust lock is engaged.
 engagement.
Includes a clamp over the engine         Does not include a clamp over
 control levers with a red warning flag   the engine control levers or a
 on a chain between the engine control    warning flag.
 clamp and the control column pin, and
 a chain connected to the rudder lock
 pin installed in the floorboards.
Design provides an obvious warning that  No obvious warning that the
 the gust locks are engaged.              gust locks are engaged.
------------------------------------------------------------------------


[[Page 71529]]

    There have been no known accidents of the 1900 series airplanes 
attributed to failure to remove a gust lock.
    The DHC-6 series airplanes are comparable to the 1900 series 
airplanes and may be used as commuter category airplanes. Before 
issuance of the MCAI, there were three occurrences of DHC-6 series 
airplanes attempting take off with pre-Mod 6/1676 gust locks still 
installed, sometimes with disastrous results. Recently, we had a fatal 
accident in Hyannis, Massachusetts, where preliminary investigations 
reveal a pre-Mod 6/1676 gust lock installed.
    This AD goes beyond recommending that pilots review and adhere to 
all pre-flight checks and before take-off procedures. This AD would 
require operators to incorporate de Havilland Modification 6/1676, 
which locks the control column forward (elevator nose down position). 
This reduces the possibility of the airplane becoming airborne should a 
takeoff be attempted with the gust lock installed. This AD would also 
require operators to incorporate Mod 6/1726, which adds a warning flag 
that masks essential flight instruments on the pilot's instrument 
panel. This gives a more obvious warning to the pilot that the gust 
locks are installed, minimizing the possibility of an attempted take-
off with gust locks installed.
    Because this issue has been the cause of past accidents that 
resulted in the MCAI and could be the cause or a contributing factor to 
a recent accident, we determined that an unsafe condition exists and 
the condition is likely to exist or develop in other products of the 
same type design registered in the United States.
    We are not changing the final rule AD action based on this comment.

Differences Between This 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 required 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 AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 42 products of U.S. registry. We also estimate that it will take 
about 6 work-hours per product to comply with basic requirements of 
this AD. The average labor rate is $80 per work-hour. Required parts 
will cost about $1,125 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 AD:

2008-24-01 Viking Air Limited: Amendment 39-15741; Docket No. FAA-
2008-0891; Directorate Identifier 2008-CE-046-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
30, 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.

The MCAI, to prevent an attempted take-off with the gust locks 
installed, requires the incorporation of de Havilland Modification 
6/1676 (ensures downward deflection of the elevators when the 
control locks are engaged) and incorporation of de Havilland 
Modification 6/1726 (adds to the control lock a warning flag which 
masks essential flight instruments on the pilot's instrument panel). 
Based on investigation, the FAA and National Transportation Safety 
Board believe

[[Page 71530]]

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 December 
30, 2008 (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 that covers up 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 Aircraft 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.

Material Incorporated by Reference

    (i) You must use Boeing Canada de Havilland Division Service 
Bulletin No. 6/508, Revision ``A,'' dated January 31, 1990, to do 
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Viking Air Ltd., 9564 Hampden Rd., Sidney, British Columbia, Canada 
V8L 5V5; telephone: 800-663-8444 or 250-656-7227; fax: 250-656-0673; 
E-mail: info@vikingair.com; Web: https://www.vikingair.com.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on November 10, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-27299 Filed 11-24-08; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.