Airworthiness Directives; Viking Air Limited Airplanes, 44892-44895 [2015-18304]
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44892
Proposed Rules
Federal Register
Vol. 80, No. 144
Tuesday, July 28, 2015
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.
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket Number EERE–2010–BT–STD–
0003]
RIN 1904–AC19
Energy Conservation Program: Energy
Conservation Standards for
Commercial Refrigeration Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Publication of determination.
AGENCY:
The Energy Policy and
Conservation Act of 1975 (EPCA), as
amended, prescribes that the U.S.
Department of Justice (DOJ) make a
determination on the impact, if any, on
the lessening of competition likely to
result from a U.S. Department of Energy
(DOE) proposed rule for energy
conservation standards and that DOE
publish the determination in the
Federal Register. DOE published its
final rule for energy conservation
standards for commercial refrigeration
equipment on March 28, 2014, and is
publishing DOJ’s November 25, 2013
determination on such proposed rule.
DATES: Date of DOJ determination—
November 25, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
John Cymbalsky, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–5B, 1000
Independence Avenue SW.,
Washington, DC, 20585–0121.
Telephone: (202) 287–1692. Email:
walk-in_coolers_and_walk-in_freezers@
EE.Doe.Gov.
Ms. Johanna Hariharan, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW.,
Washington, DC, 20585–0121.
Telephone: (202) 287–6307. Email:
Johanna.Hariharan@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On March
28, 2014 (79 FR 17725), DOE published
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SUMMARY:
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a final rule amending energy
conservation standards for commercial
refrigeration equipment. Those
amended standards were determined by
DOE to be technologically feasible and
economically justified and would result
in the significant conservation of
energy. The Energy Conservation and
Policy Act of 1975 (42 U.S.C.6291, et
seq; ‘‘EPCA’’), Public Law 94–163,
requires that the Attorney General make
a determination and analysis of the
impact, if any, of any lessening of
competition likely to result from a
proposed standard, within 60 days of
publication. (42 U.S.C. 6295(o)(2)(B)(ii))
EPCA also requires that DOE publish
the determination and analysis in the
Federal Register. Id.
DOE received the determination in
response to the September 11, 2013
NOPR (78 FR 55781) from the Attorney
General and the U.S. Department of
Justice (DOJ) on November 25, 2013.
DOE is publishing the text of DOJ’s
November 25, 2013 determination.
Issued in Washington, DC, on July 21,
2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
WILLIAM J. BAER
Assistant Attorney General
RFK Main Justice Building
950 Pennsylvania Avenue NW.
Washington, DC 20530–0001
(202) 514–2401/(202) 616–2645 (Fax)
November 25, 2013
Eric J. Fygi
Deputy General Counsel Department of
Energy Washington, DC 20585
Dear Deputy General Counsel Fygi:
I am responding to your September
24, 2013 letter seeking the views of the
Attorney General about the potential
impact on competition of proposed
energy conservation standards for walkin coolers and refrigerators. Your
request was submitted under Section
325(o)(2)(B)(i)(V) of the Energy Policy
and Conservation Act, as amended
(ECPA), 42 U.S.C. 6295(o)(2)(B)(i)(V),
which requires the Attorney General to
make a determination of the impact of
any lessening of competition that is
likely to result from the imposition of
proposed energy conservation
standards. The Attorney General’s
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responsibility for responding to requests
from other departments about the effect
of a program on competition has been
delegated to the Assistant Attorney
General for the Antitrust Division in 28
CFR 0.40(g).
In conducting its analysis the
Antitrust Division examines whether a
proposed standard may lessen
competition, for example, by
substantially limiting consumer choice,
by placing certain manufacturers at an
unjustified competitive disadvantage, or
by inducing avoidable inefficiencies in
production or distribution of particular
products. A lessening of competition
could result in higher prices to
manufacturers and consumers, and
perhaps thwart the intent of the revised
standards by inducing substitution to
less efficient products.
We have reviewed the proposed
standards contained in the Notice of
Proposed Rulemaking (78 FR 176,
September 11, 2013) (NOPR). We have
also reviewed supplementary
information submitted to the Attorney
General by the Department of Energy,
including a transcript of the public
meeting held on the proposed standards
on October 3, 2013. Based on this
review, our conclusion is that the
proposed energy conservation standards
for commercial refrigeration equipment
are unlikely to have a significant
adverse impact on competition.
Sincerely,
William J. Baer
Enclosure
[FR Doc. 2015–18530 Filed 7–27–15; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–3073; Directorate
Identifier 2015–CE–017–AD]
RIN 2120–AA64
Airworthiness Directives; Viking Air
Limited Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules
We propose to adopt a new
airworthiness directive (AD) for Viking
Air Limited Model DHC–3 airplanes.
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
reports of corrugation cracking found at
various wing stations and on the main
spar lower cap. We are issuing this
proposed AD to require actions to
address the unsafe condition on these
products.
DATES: We must receive comments on
this proposed AD by September 11,
2015.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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.
For service information identified in
this proposed AD, contact Viking Air
Limited Technical Support, 1959 De
Havilland Way, Sidney, British
Columbia, Canada, V8L 5V5; Fax: 250–
656–0673; telephone: (North America)
1–800–663–8444; email:
technical.support@vikingair.com;
Internet: https://www.vikingair.com/
support/service-bulletins. It is also
available on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3073.You may view this referenced
service information at the FAA, Small
Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–
4148.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
3073; 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
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19:07 Jul 27, 2015
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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: Aziz
Ahmed, Aerospace Safety Engineer,
FAA, New York Aircraft Certification
Office (ACO), 1600 Steward Avenue,
suite 410, Westbury, New York 11590;
telephone: (516) 228–7329; fax: (516)
794–5531; email: aziz.ahmed@faa.gov.
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–2015–3073; Directorate Identifier
2015–CE–017–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 https://
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–2015–05, dated
March 18, 2015 (referred to after this as
‘‘the MCAI’’), to correct an unsafe
condition for Viking Air Limited Model
DHC–3 airplanes. The MCAI states:
An operator found cracks on the upper
inner wing skin corrugations emanating from
the rib attachment points. As a result, Viking
Air Limited released Service Bulletin (SB)
V3/0002, Revision NC to inspect for possible
corrugation cracking between wing stations
34 and 110. Subsequently, operators
discovered additional corrugation cracking at
multiple wing stations and on the main spar
lower cap.
These cracks, if not detected and rectified,
may compromise the structural integrity of
the wing. In order to address this potentially
unsafe condition, Viking Air Limited has
issued SB V3/0002, Revision C, specifying
repetitive internal borescope and visual
inspections. This AD is issued to mandate
compliance with that SB.
You may examine the MCAI on the
Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2015–3073.
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44893
Related Service Information Under 1
CFR Part 51
We reviewed Viking DHC–3 Otter
Service Bulletin No. V3/0002, Revision
‘‘C’’, dated April 30, 2014; and Viking
DHC–3 Otter Service Bulletin 3–STC
(03–50)-001, Revision ‘‘NC’’, dated April
30, 2014. The service information
describes procedures for installing
additional wing inspection access
panels and inspecting the wings using
borescope and visual methods. This
service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section of
this NPRM.
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.
Costs of Compliance
We estimate that this proposed AD
will affect 38 products of U.S. registry.
We also estimate that it would take
about 36 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $5,000 per
product.
Based on these figures, we estimate
the cost of the proposed AD on U.S.
operators to be $306,280, or $8,060 per
product.
The scope of damage found in the
required inspection could vary
significantly from airplane to airplane.
We have no way of determining how
much damage may be found on each
airplane or the cost to repair damaged
parts on each airplane.
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,
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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules
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),
(3) Will not affect intrastate aviation
in Alaska, and
(4) 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.
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
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:
■
Viking Air Limited: Docket No. FAA–2015–
3073; Directorate Identifier 2015–CE–
017–AD.
(a) Comments Due Date
We must receive comments by September
11, 2015.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Viking Air Limited
DHC–3 airplanes, all serial numbers,
certificated in any category.
(d) Subject
Air Transport Association of America
(ATA) Code 57: Wings.
(e) Reason
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 reports of
corrugation cracking found at various wing
stations and on the main spar lower cap. We
are issuing this proposed AD to detect
cracking and correct as necessary to address
the unsafe condition on these products.
(f) Actions and Compliance
Unless already done, do the following
actions in paragraphs (f)(1) through (f)(5) of
this AD:
(1) Within 30 days after the effective date
of this AD, determine the accumulated air
time for each wing by contacting Technical
Support at Viking Air Limited. You can find
contact information for Viking Air Limited in
paragraph (h) of this AD.
(2) Within 30 days after the effective date
of this AD, determine all installed
supplemental type certificates (STC) or
modifications affecting the wings. Based on
the accumulated air time determined from
paragraph (f)(1) of this AD and before the
initial inspection required in paragraph (f)(3)
of this AD, install access panels as follows:
(i) If the airplane is free of STCs or any
other modifications affecting the wings,
install additional inspection access panels
following the Accomplishment Instructions
Part A of Viking DHC–3 Otter Service
Bulletin No. V3/0002, Revision ‘‘C’’, dated
April 30, 2014.
(ii) If the airplane is fitted with STC
SA2009NY (which can be found on the
internet at: https://rgl.faa.gov/Regulatory_
and_Guidance_Library/rgstc.nsf/0/
F7309B7D9B008C588625734F00730144
?OpenDocument&Highlight=sa02009ny),
incorporate additional inspection access
panels following the Accomplishment
Instructions of Viking Air Limited SB 3–STC
(03–50)–001, Revision ‘‘NC’’, dated April 30,
2014.
Note 1 to paragraph (f)(2)(ii) of this AD:
STC SA03–50 would be the Canadian
equivalent of the United States STC
2A2009NY.
(iii) If there are other STCs or
modifications affecting the wings the
operator must contact the FAA to request an
FAA-approved alternative method of
compliance using the procedures in
paragraph (g)(1) of this AD and 14 CFR 39.19.
To develop these procedures, we recommend
you contact the STC holder for guidance in
developing substantiating data.
(3) Based on the accumulated air time on
the wings determined in paragraph (f)(1) of
this AD, perform initial and repetitive
borescope and visual inspections of both the
left-hand and right-hand wing box following
Part B of the Accomplishment Instructions of
Viking DHC–3 Otter Service Bulletin V3/
0002, Revision ‘‘C’’, dated April 30, 2014,
using the inspection schedules specified in
Table 1 of paragraph (f)(3) of this AD:
TABLE 1 OF PARAGRAPH (f)(3) OF THIS AD—INSPECTION SCHEDULE
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Initial inspection
Repetitive inspection
If Viking Air Limited SB V3/0002, Revision ‘‘A’’,
dated February 22, 2013; or Viking Air Limited SB V3/0002, Revision ‘‘B’’, dated July 3,
2013; were complied with prior to the effective date of this AD.
If, as of the effective date of this AD, the airplane has less than 31,200 wing air time
hours.
The initial inspection is not required since the
inspection was accomplished while complying with Revision ‘‘A’’ or ‘‘B’’ of Viking Air
Limited SB V3/0002.
Repetitively inspect not to exceed every 1,600
wing air time hours accumulated after the
last inspection or 2,100 flight cycles after
the last inspection, whichever occurs first.
If, as of the effective date of this AD, the airplane has 31,200 hours wing air time or
more but less than 31,600 hours wing air
time hours.
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19:07 Jul 27, 2015
Jkt 235001
Inspect within 800 wing air time hours after
the effective date of this AD, or within 6
months after the effective date of this AD,
whichever occurs first.
Inspect upon or before accumulating 32,000
wing air time hours or within 6 months after
the effective date of this AD, whichever occurs first.
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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules
44895
TABLE 1 OF PARAGRAPH (f)(3) OF THIS AD—INSPECTION SCHEDULE—Continued
Initial inspection
If, as of the effective date of this AD, the airplane has 31,600 wing air time hours or
more.
Inspect within 400 wing air time hours accumulated after the effective date of this AD or
3 months after the effective date of this AD,
whichever occurs first.
(4) If the total flight cycles have not been
kept, multiply the total number of airplane
hours time-in-service (TIS) by 2 to calculate
the cycles. For the purpose of this AD, some
examples are below:
(i) .5 hour TIS x 2 = 1 cycle; and
(ii) 200 hours TIS x 2 = 400 cycles.
(5) If any cracks are found, contact
Technical Support at Viking Air Limited for
an FAA-approved repair and incorporate the
repair before further flight. You can find
contact information for Viking Air Limited in
paragraph (i) of this AD. The FAA-approved
repair must specifically reference this AD.
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Information Collection Clearance Officer,
AES–200.
(g) Other FAA AD Provisions
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: Aziz Ahmed, Aerospace Safety
Engineer, FAA, New York Aircraft
Certification Office (ACO), 1600 Steward
Avenue, suite 410, Westbury, New York
11590; telephone: (516) 228–7329; fax: (516)
794–5531; email: aziz.ahmed@faa.gov. 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, 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
be approximately 5 minutes per response,
including the time for reviewing instructions,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Comments
concerning the accuracy of this burden and
suggestions for reducing the burden should
be directed to the FAA at: 800 Independence
Ave. SW., Washington, DC 20591, Attn:
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19:07 Jul 27, 2015
Jkt 235001
Repetitive inspection
(h) Related Information
Refer to MCAI Transport Canada AD No.
CF–2015–05, dated March 18, 2015. You may
examine the MCAI on the Internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2015–3073. For
service information related to this AD,
contact Viking Air Limited Technical
Support, 1959 De Havilland Way, Sidney,
British Columbia, Canada, V8L 5V5; Fax:
250–656–0673; telephone: (North America)
1–800–663–8444; email: technical.support@
vikingair.com; Internet: https://
www.vikingair.com/support/service-bulletins.
You may review this referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA, call
(816) 329–4148.
Issued in Kansas City, Missouri, on July 21,
2015.
Pat Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2015–18304 Filed 7–27–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2015–1835; Airspace
Docket No. 14–AGL–7]
Proposed Establishment of Class E
Airspace; Hart/Shelby, MI
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish Class E airspace at Hart/
Shelby, MI. Controlled airspace is
necessary to accommodate new
Standard Instrument Approach
Procedures at Oceana County Airport.
The FAA is proposing this action to
enhance the safety and management of
Instrument Flight Rules (IFR) operations
at the airport.
DATES: Comments must be received on
or before September 11, 2015.
SUMMARY:
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Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001. You must
identify the docket number FAA–2015–
1835/Airspace Docket No. 14–AGL–7, at
the beginning of your comments. You
may also submit comments through the
Internet at https://www.regulations.gov.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
The Docket Office (telephone 1–800–
647–5527), is on the ground floor of the
building at the above address.
FAA Order 7400.9Y, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_traffic/
publications/. The Order is also
available for inspection 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/
code_of_federal-regulations/ibr_
locations.html.
FAA Order 7400.9, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15. For further information,
you can contact the Airspace Policy and
Regulations Group, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: 202–267–8783.
FOR FURTHER INFORMATION CONTACT:
Rebecca Shelby, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76137; telephone: 817–321–
7740.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
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Agencies
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Proposed Rules]
[Pages 44892-44895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18304]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-3073; Directorate Identifier 2015-CE-017-AD]
RIN 2120-AA64
Airworthiness Directives; Viking Air Limited Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
[[Page 44893]]
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Viking Air Limited Model DHC-3 airplanes. 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 reports of corrugation cracking found at various wing
stations and on the main spar lower cap. We are issuing this proposed
AD to require actions to address the unsafe condition on these
products.
DATES: We must receive comments on this proposed AD by September 11,
2015.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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.
For service information identified in this proposed AD, contact
Viking Air Limited Technical Support, 1959 De Havilland Way, Sidney,
British Columbia, Canada, V8L 5V5; Fax: 250-656-0673; telephone: (North
America) 1-800-663-8444; email: technical.support@vikingair.com;
Internet: https://www.vikingair.com/support/service-bulletins. It is
also available on the Internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2015-3073.You may view this
referenced service information at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call (816) 329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3073; 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: Aziz Ahmed, Aerospace Safety Engineer,
FAA, New York Aircraft Certification Office (ACO), 1600 Steward Avenue,
suite 410, Westbury, New York 11590; telephone: (516) 228-7329; fax:
(516) 794-5531; email: aziz.ahmed@faa.gov.
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-2015-3073;
Directorate Identifier 2015-CE-017-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 https://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-2015-05, dated March 18, 2015 (referred to after this
as ``the MCAI''), to correct an unsafe condition for Viking Air Limited
Model DHC-3 airplanes. The MCAI states:
An operator found cracks on the upper inner wing skin
corrugations emanating from the rib attachment points. As a result,
Viking Air Limited released Service Bulletin (SB) V3/0002, Revision
NC to inspect for possible corrugation cracking between wing
stations 34 and 110. Subsequently, operators discovered additional
corrugation cracking at multiple wing stations and on the main spar
lower cap.
These cracks, if not detected and rectified, may compromise the
structural integrity of the wing. In order to address this
potentially unsafe condition, Viking Air Limited has issued SB V3/
0002, Revision C, specifying repetitive internal borescope and
visual inspections. This AD is issued to mandate compliance with
that SB.
You may examine the MCAI on the Internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2015-3073.
Related Service Information Under 1 CFR Part 51
We reviewed Viking DHC-3 Otter Service Bulletin No. V3/0002,
Revision ``C'', dated April 30, 2014; and Viking DHC-3 Otter Service
Bulletin 3-STC (03-50)-001, Revision ``NC'', dated April 30, 2014. The
service information describes procedures for installing additional wing
inspection access panels and inspecting the wings using borescope and
visual methods. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section
of this NPRM.
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.
Costs of Compliance
We estimate that this proposed AD will affect 38 products of U.S.
registry. We also estimate that it would take about 36 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $5,000 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $306,280, or $8,060 per product.
The scope of damage found in the required inspection could vary
significantly from airplane to airplane. We have no way of determining
how much damage may be found on each airplane or the cost to repair
damaged parts on each airplane.
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,
[[Page 44894]]
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),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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 AD:
Viking Air Limited: Docket No. FAA-2015-3073; Directorate Identifier
2015-CE-017-AD.
(a) Comments Due Date
We must receive comments by September 11, 2015.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Viking Air Limited DHC-3 airplanes, all
serial numbers, certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 57: Wings.
(e) Reason
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 reports of
corrugation cracking found at various wing stations and on the main
spar lower cap. We are issuing this proposed AD to detect cracking
and correct as necessary to address the unsafe condition on these
products.
(f) Actions and Compliance
Unless already done, do the following actions in paragraphs
(f)(1) through (f)(5) of this AD:
(1) Within 30 days after the effective date of this AD,
determine the accumulated air time for each wing by contacting
Technical Support at Viking Air Limited. You can find contact
information for Viking Air Limited in paragraph (h) of this AD.
(2) Within 30 days after the effective date of this AD,
determine all installed supplemental type certificates (STC) or
modifications affecting the wings. Based on the accumulated air time
determined from paragraph (f)(1) of this AD and before the initial
inspection required in paragraph (f)(3) of this AD, install access
panels as follows:
(i) If the airplane is free of STCs or any other modifications
affecting the wings, install additional inspection access panels
following the Accomplishment Instructions Part A of Viking DHC-3
Otter Service Bulletin No. V3/0002, Revision ``C'', dated April 30,
2014.
(ii) If the airplane is fitted with STC SA2009NY (which can be
found on the internet at: https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/F7309B7D9B008C588625734F00730144?OpenDocument&Highlight=sa02009ny),
incorporate additional inspection access panels following the
Accomplishment Instructions of Viking Air Limited SB 3-STC (03-50)-
001, Revision ``NC'', dated April 30, 2014.
Note 1 to paragraph (f)(2)(ii) of this AD: STC SA03-50 would be
the Canadian equivalent of the United States STC 2A2009NY.
(iii) If there are other STCs or modifications affecting the
wings the operator must contact the FAA to request an FAA-approved
alternative method of compliance using the procedures in paragraph
(g)(1) of this AD and 14 CFR 39.19. To develop these procedures, we
recommend you contact the STC holder for guidance in developing
substantiating data.
(3) Based on the accumulated air time on the wings determined in
paragraph (f)(1) of this AD, perform initial and repetitive
borescope and visual inspections of both the left-hand and right-
hand wing box following Part B of the Accomplishment Instructions of
Viking DHC-3 Otter Service Bulletin V3/0002, Revision ``C'', dated
April 30, 2014, using the inspection schedules specified in Table 1
of paragraph (f)(3) of this AD:
Table 1 of Paragraph (f)(3) of This AD--Inspection Schedule
------------------------------------------------------------------------
Repetitive
Effectivity Initial inspection inspection
------------------------------------------------------------------------
If Viking Air Limited SB V3/ The initial Repetitively
0002, Revision ``A'', dated inspection is not inspect not to
February 22, 2013; or Viking required since exceed every
Air Limited SB V3/0002, the inspection 1,600 wing air
Revision ``B'', dated July 3, was accomplished time hours
2013; were complied with prior while complying accumulated after
to the effective date of this with Revision the last
AD. ``A'' or ``B'' of inspection or
Viking Air 2,100 flight
Limited SB V3/ cycles after the
0002. last inspection,
whichever occurs
first.
If, as of the effective date of Inspect within 800
this AD, the airplane has less wing air time
than 31,200 wing air time hours. hours after the
effective date of
this AD, or
within 6 months
after the
effective date of
this AD,
whichever occurs
first.
If, as of the effective date of Inspect upon or
this AD, the airplane has before
31,200 hours wing air time or accumulating
more but less than 31,600 hours 32,000 wing air
wing air time hours. time hours or
within 6 months
after the
effective date of
this AD,
whichever occurs
first.
[[Page 44895]]
If, as of the effective date of Inspect within 400
this AD, the airplane has wing air time
31,600 wing air time hours or hours accumulated
more. after the
effective date of
this AD or 3
months after the
effective date of
this AD,
whichever occurs
first.
------------------------------------------------------------------------
(4) If the total flight cycles have not been kept, multiply the
total number of airplane hours time-in-service (TIS) by 2 to
calculate the cycles. For the purpose of this AD, some examples are
below:
(i) .5 hour TIS x 2 = 1 cycle; and
(ii) 200 hours TIS x 2 = 400 cycles.
(5) If any cracks are found, contact Technical Support at Viking
Air Limited for an FAA-approved repair and incorporate the repair
before further flight. You can find contact information for Viking
Air Limited in paragraph (i) of this AD. The FAA-approved repair
must specifically reference this AD.
(g) Other FAA AD Provisions
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: Aziz Ahmed, Aerospace Safety Engineer, FAA, New
York Aircraft Certification Office (ACO), 1600 Steward Avenue, suite
410, Westbury, New York 11590; telephone: (516) 228-7329; fax: (516)
794-5531; email: aziz.ahmed@faa.gov. 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, 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 be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(h) Related Information
Refer to MCAI Transport Canada AD No. CF-2015-05, dated March
18, 2015. You may examine the MCAI on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2015-3073. For service information related to this AD, contact
Viking Air Limited Technical Support, 1959 De Havilland Way, Sidney,
British Columbia, Canada, V8L 5V5; Fax: 250-656-0673; telephone:
(North America) 1-800-663-8444; email:
technical.support@vikingair.com; Internet: https://www.vikingair.com/support/service-bulletins. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call (816) 329-4148.
Issued in Kansas City, Missouri, on July 21, 2015.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-18304 Filed 7-27-15; 8:45 am]
BILLING CODE 4910-13-P