Airworthiness Directives; Viking Air Limited (Type Certificated Previously Held by Bombardier Inc. and de Havilland, Inc.) Airplanes, 64368-64372 [2023-20188]
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Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations
specified in paragraph (h)(4)(i) or (ii) of this
AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 90 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 90 days after the effective date of this
AD.
(5) Where paragraph (5) of EASA AD 2023–
0009 specifies credit for certain actions, this
AD provides credit for using the torque
values specified in Section 13 of the Airbus
technical adaptations (TAs) identified in
paragraphs (h)(5)(i) through (vi) of this AD,
when installing a certain eccentric referenced
in ‘‘Airbus SB A320–53–1402 original issue’’
or ‘‘Airbus SB A320–53–1403 original issue,’’
as specified in the applicable TA, before the
effective date of this AD.
(i) Airbus TA 80662272/007/2019, Issue 1,
dated August 29, 2019.
(ii) Airbus TA 80662272/008/2019, Issue 1,
dated August 29, 2019.
(iii) Airbus TA 80662272/009/2019, Issue
1, dated August 29, 2019.
(iv) Airbus TA 80662272/010/2019, Issue
1, dated August 29, 2019.
(v) Airbus TA 80696258/006/2019, Issue 1,
dated October 29, 2019.
(vi) Airbus TA 80696258/007/2019, Issue
1, dated October 29, 2019.
(6) Where Table 1 of EASA AD 2023–0009
specifies configurations, replace the text
‘‘post SB’’ with ‘‘post embodiment of SB’’
and replace the text ‘‘pre SB’’ with ‘‘pre
embodiment of SB.’’
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(i) Special Flight Permit
Special flight permits, as described in 14
CFR 21.197 and 21.199, may be issued to
operate the airplane to a location where the
requirements of this AD can be
accomplished, but concurrence by the
Manager, International Validation Branch,
FAA, is required before issuance of the
special flight permit.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (k) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD
2020–06–10 are approved as AMOCs for the
corresponding provisions of EASA AD 2023–
0009 that are required by paragraph (g) of this
AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
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be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or Airbus SAS’s
EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must
include the DOA-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Additional Information
For more information about this AD,
contact Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY; telephone 206–231–3667;
email Timothy.P.Dowling@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0009, dated January 16,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0009, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–20174 Filed 9–18–23; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1076; Project
Identifier MCAI–2020–01201–A; Amendment
39–22544; AD 2023–18–03]
RIN 2120–AA64
Airworthiness Directives; Viking Air
Limited (Type Certificated Previously
Held by Bombardier Inc. and de
Havilland, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Viking Air Limited (Viking) (type
certificate previously held by
Bombardier Inc. and de Havilland, Inc.)
Model DHC–3 airplanes. This 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 corrosion, wear, and
fatigue-related degradation in aging
aircraft. This AD requires incorporating
into the existing maintenance records
for your airplane the actions and
associated thresholds and intervals,
including life limits, specified in a
supplemental inspection and corrosion
control manual for Model DHC–3
airplanes. This AD also requires
completing all the initial tasks
identified in this manual and reporting
corrosion findings to Viking. The FAA
is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective October 24,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 24, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2020–1076; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the MCAI, any
comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
SUMMARY:
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• For service information identified
in this final rule, contact Viking Air
Limited Technical Support, 1959 de
Havilland Way, Sidney, British
Columbia, Canada V8L 5V5; phone:
(800) 663–8444; fax: (250) 656–0673;
email: technical.support@vikingair.com;
website: vikingair.com/support/servicebulletins.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110. It is also available
at regulations.gov under Docket No.
FAA–2020–1076.
FOR FURTHER INFORMATION CONTACT:
Deep Gaurav, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (516) 228–
7321; email: 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
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Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Viking Model DHC–3
airplanes. The NPRM published in the
Federal Register on February 8, 2022
(87 FR 7059). The NPRM was prompted
by AD CF–2018–04, dated January 19,
2018, issued by Transport Canada,
which is the aviation authority for
Canada (referred to after this as the
MCAI). The MCAI states that Viking
developed a supplementary inspection
and corrosion control program for aging
airplanes, which identifies specific
locations of an airplane that must be
inspected to ensure corrosion-related
degradation does not result in an unsafe
condition.
The MCAI requires doing all
inspections specified in Part 2 of Viking
DHC–3 Otter Supplemental Inspection
and Corrosion Control Manual, PSM 1–
3–5, Revision IR, dated December 21,
2017 (Viking PSM 1–3–5, Revision IR),
doing applicable corrective actions
using Part 3 of Viking PSM 1–3–5,
Revision IR, and reporting to Viking
Level 2 and Level 3 corrosion as
specified in Part 3 of Viking PSM 1–3–
5, Revision IR.
Corrosion, wear, and fatigue-related
degradation, if not addressed, could
lead to structural failure with
consequent loss of control of the
airplane.
In the NPRM, the FAA proposed to
require establishing a corrosion
prevention and control program to
identify and correct corrosion and
cracking. In the NPRM, the FAA also
proposed to require completing all of
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the initial tasks identified in the
program and reporting corrosion
findings to Viking.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2020–1076.
The FAA issued a supplemental
notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 by adding an
AD that would apply to all Viking
Model DHC–3 airplanes. The SNPRM
published in the Federal Register on
June 28, 2023 (88 FR 41863). The
SNPRM was prompted by the FAA’s
decision to revise the proposed actions
specified in the NPRM and to reopen
the comment period to allow the public
the chance to comment on whether the
proposed AD would have a significant
economic impact on a substantial
number of small entities. In the SNPRM,
the FAA proposed to require
incorporating into the existing
maintenance records for your airplane
the actions and associated thresholds
and intervals, including life limits,
specified in Parts 2 and 3 of Viking PSM
1–3–5, Revision IR, completing all the
initial tasks identified in Viking PSM 1–
3–5, Revision IR, and reporting to
Viking any Level 2 or Level 3 corrosion
findings. The FAA is issuing this AD to
address the unsafe condition on these
products.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the SNPRM or on the determination of
the costs.
Conclusion
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI referenced
above. The FAA reviewed the relevant
data and determined that air safety
requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products. Except for minor editorial
changes, this AD is adopted as proposed
in the SNPRM.
ADs Mandating Airworthiness
Limitations (ALS)
The FAA has previously mandated
airworthiness limitations by issuing
ADs that require revising the ALS of the
existing maintenance manual or
instructions for continued airworthiness
to incorporate new or revised
inspections. This AD, however, requires
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64369
establishing and incorporating new
inspections into the existing
maintenance records required by 14
CFR 91.417(a)(2) or 135.439(a)(2) for
your airplane. The FAA does not intend
this as a substantive change. Requiring
incorporation of the new ALS
requirements into the existing
maintenance records, rather than
requiring individual repetitive
inspections and replacements, allows
operators to record AD compliance once
after updating the existing maintenance
records, rather than recording
compliance after every inspection and
part replacement.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Viking PSM 1–3–
5, Revision IR, which specifies
procedures for inspecting areas of the
airplane that are particularly susceptible
to corrosion, wear, and fatigue-related
degradation. Viking PSM 1–3–5,
Revision IR, also specifies repetitive
inspection intervals, defines the
different levels of corrosion, and
provides corrective action if corrosion is
found.
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 ADDRESSES.
Other Related Service Information
The FAA also reviewed Viking DHC–
3 Otter Service Bulletin V3/0010,
Revision NC, dated March 19, 2020. The
service bulletin provides a list of new
inspection tasks that have been added to
the DHC–3 maintenance program in
Viking PSM 1–3–5, Revision IR.
Impact on Intrastate Aviation in Alaska
In light of the heavy reliance on
aviation for intrastate transportation in
Alaska, the FAA has fully considered
the effects of this final rule (including
costs to be borne by affected operators)
from the earliest possible stages of AD
development. As previously stated, 14
CFR part 39 requires operators to correct
an unsafe condition identified on an
airplane to ensure operation of that
airplane in an airworthy condition. The
FAA has determined that the need to
correct corrosion-related degradation in
aging aircraft, which could lead to
structural failure with consequent loss
of control of the airplane, outweighs any
impact on aviation in Alaska.
Costs of Compliance
The FAA estimates that this AD
affects 68 airplanes of U.S. registry. The
FAA also estimates that it will take
about 1 work-hour per airplane at a
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labor rate of $85 per work-hour to revise
the existing maintenance records.
Based on these figures, the FAA
estimates the cost of this AD on U.S.
operators to be $5,780 or $85 per
airplane.
The FAA estimates it will take about
1 work-hour to report any Level 2
corrosion found during the initial or
subsequent inspections or any Level 3
corrosion found during the initial or
subsequent inspections, for an estimated
cost of $85 per airplane.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
a collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
reporting for this collection of
information is estimated to take
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
All responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
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Regulatory Flexibility Determination
The Regulatory Flexibility Act of
1980, Public Law 96–354, 94 Stat. 1164
(5 U.S.C. 601–612) (RFA) establishes as
a principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation.
To achieve this principle, agencies are
required to solicit and consider flexible
regulatory proposals and to explain the
rationale for their actions to assure that
such proposals are given serious
consideration. The RFA covers a widerange of small entities, including small
businesses, not-for-profit organizations,
and small governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
The FAA published an Initial
Regulatory Flexibility Analysis (IRFA)
for this rule to aid the public in
commenting on the potential impacts to
small entities. The FAA did not receive
any public comments on the IRFA. The
purpose of this Final Regulatory
Flexibility Analysis (FRFA) is to
provide the reasoning underlying the
FAA’s determination. A FRFA must
contain the following:
(1) A statement of the need for, and
objectives of, the rule;
(2) A statement of the significant
issues raised by the public comments in
response to the IRFA, a statement of the
assessment of the agency of such issues,
and a statement of any changes made in
the proposed rule as a result of such
comments;
(3) The response of the agency to any
comments filed by the Chief Counsel for
Advocacy of the Small Business
Administration (SBA) in response to the
proposed rule, and a detailed statement
of any change made to the proposed rule
in the final rule as a result of the
comments;
(4) A description of and an estimate
of the number of small entities to which
the rule will apply or an explanation of
why no such estimate is available;
(5) A description of the projected
reporting, recordkeeping, and other
compliance requirements of the
proposed rule, including an estimate of
the classes of small entities which will
be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record; and
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(6) A description of the steps the
agency has taken to minimize the
significant economic impact on small
entities consistent with the stated
objectives of applicable statutes,
including a statement of the factual,
policy, and legal reasons for selecting
the alternative adopted in the final rule
and why each of the other significant
alternatives to the rule considered by
the agency which affect the impact on
small entities was rejected.
1. Need for and Objectives of the Rule
The NPRM proposed to adopt a new
AD for all Viking Model DHC–3
airplanes. This AD results from MCAI
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product.
The objective of this final rule is to
require incorporating into the existing
maintenance records for your airplane
the actions and associated thresholds
and intervals, including life limits,
specified in a supplemental inspection
and corrosion control manual for Model
DHC–3 airplanes. This final rule also
requires completing all the initial tasks
identified in this manual and reporting
corrosion findings to Viking.
2. Significant Issues Raised in Public
Comments
The FAA received no public
comments on the SNPRM.
3. Response to SBA Comments
The Chief Counsel for Advocacy of
the SBA did not file any comments in
response to the proposed rule. Thus, the
FAA did not make any changes to the
proposed rule in the final rule.
4. Description and Estimate of the
Number of Small Entities
The RFA defines small entities as
small businesses, small governmental
jurisdictions, or small organizations. In
5 U.S.C. 601(3), the RFA defines ‘‘small
business’’ to have the same meaning as
‘‘small business concern’’ under section
3 of the Small Business Act. The Small
Business Act authorizes the SBA to
define ‘‘small business’’ by issuing
regulations.
SBA (2022) has established size
standards for various types of economic
activities, or industries, under the North
American Industry Classification
System (NAICS).1 These size standards
generally define small businesses based
1 Small Business Administration (SBA). 2022.
Table of Size Standards. Effective July 14, 2022.
https://www.sba.gov/document/support-table-sizestandards.
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Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations
classify 21 of them.2 All but one firm
qualify as small entities under the RFA.
Thus, the FAA estimates that this rule
would impact 20 small entities. For
these 20 small entities, the results of the
cost impact analysis are shown in Table
1, ‘‘Cost Impact on Small Entities.’’
on the number of employees or annual
receipts.
The FAA identified 68 de Havilland
Model DHC–3 ‘‘Otter’’ airplanes that
would be affected by the final rule AD.
These 68 airplanes are registered to 32
private firms and 5 individuals. The
individuals are excluded from this
analysis as they presumably are not
small entities under the RFA.
The 32 private firms own 63
airplanes. Of these firms, the FAA was
able to obtain the data necessary to
5. Projected Reporting, Recordkeeping,
and Other Compliance Requirements
AD costs per airplane are 1 work hour
plus $85 reporting costs for initial
inspection, for a total of $170. The AD
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cost per small entity is shown in the
‘‘Cost’’ column of Table 1 and cost
impact is measured by AD cost as a
percentage of revenues. As the table
shows, the mean cost impact is 0.1% of
annual revenues, with a maximum
impact of 0.46% of annual revenues,
and a minimum impact below 0.01%.
TABLE 1—COST IMPACT ON SMALL ENTITIES
Firm
Revenue
($1,000)
No. A/C
Cost
($1,000)
Cost/
revenue
(%)
NAICS
code
Size
standard
NAICS industry
Other Comm’l and Industrial Mach. and
Equip. Rental & Leasing.
Comm’l Air, Rail, and Water Transp. Equip.
Rental & Leasing.
Other Nonscheduled Air Transportation.
All Other Support Activities for Transportation.
Other Comm’l and Industrial Mach. and
Equip. Rental & Leasing.
All Other Traveler Accommodation.
Comm’l Air, Rail, and Water Transp. Equip.
Rental & Leasing.
Other Nonscheduled Air Transportation.
Scheduled Passenger Air Transportation.
Other Nonscheduled Air Transportation.
Other Nonscheduled Air Transportation.
Scheduled Passenger Air Transportation.
Nonscheduled Chartered Passenger Air
Transportation.
All Other Amusement and Recreation Industries.
Other Nonscheduled Air Transportation.
Nonscheduled Chartered Passenger Air
Transportation.
Comm’l Air, Rail, and Water Transp. Equip.
Rental & Leasing.
Scheduled Passenger Air Transportation.
Recreational and Vacation Camps (except
Campgrounds).
Commercial Banking.
SUMMIT LEASING LLC ...............................
3
110
0.2
0.00
532490
$35 mn .....
KATMAI AIR LLC .........................................
2
117
0.2
0.00
532411
$40 mn .....
JESPERSEN AIRCRAFT SERVICES INC ..
DOYON AIR TRANSPORT LLC ..................
1
1
113
127
1.9
1.0
0.00
0.01
481219
488999
$22 mn .....
$22 mn .....
RED LEASING LLC .....................................
2
359
0.2
0.01
532490
$35 mn .....
RAINBOW KING LODGE INC .....................
PANTECHNICON AVIATION LTD ...............
1
1
209
235
0.2
0.2
0.02
0.02
721199
532411
$8 mn .......
$40 mn .....
EMERALD AIR SERVICE INC .....................
BLUE AIRCRAFT LLC .................................
TALON AIR SERVICE INC ..........................
BALD MOUNTAIN AIR SERVICE INC ........
NORTHWEST SEAPLANES INC ................
TALKEETNA AIR TAXI INC .........................
1
2
1
1
1
6
250
750
520
700
750
4,600
1.0
0.2
0.2
0.2
0.3
0.2
0.02
0.02
0.02
0.03
0.05
0.07
481219
483000
481219
481219
481111
481211
$22 mn .....
1500 emp
$22 mn .....
$22 mn .....
1500 emp
1500 emp
GOLDEN EAGLE OUTFITTERS INC ..........
1
960
0.2
0.07
713990
$8 mn .......
MUNICH HANS W DBA ...............................
DESTINATION ALASKA ADVENTURE CO
LLC.
RUSTAIR INC ..............................................
1
1
998
1,300
0.2
0.3
0.08
0.09
481219
481211
$22 mn .....
1500 emp
6
10,224
0.2
0.13
532411
$40 mn .....
KENMORE AIR HARBOR LLC ....................
RAPIDS CAMP LODGE INC .......................
11
1
51,500
7,000
0.2
0.3
0.15
0.29
481111
721214
1500 emp
$8 mn .......
BANK OF UTAH TRUSTEE .........................
1
90,000
0.5
0.46
522110
$750 mn in
assets.
Total ......................................................
Average .................................................
Median ..................................................
45
................
................
170,822
8,541
725
7.7
0.38
0.17
................
0.06
0.02
................
................
................
Notes: 1. The size standard is the maximum size for the NAICS industry considered by the Small Business Administration to be a small entity. 2. AD costs per airplane are 1 work-hour × $85 + $85 reporting costs for initial inspection, for a total of $170.
Costs under 1% of revenues for all of
the small entities lead the FAA to
conclude that this rule does not have a
significant impact on a substantial
number of small entities.
ddrumheller on DSK120RN23PROD with RULES1
6. Significant Alternatives Considered
As part of the FRFA, the FAA is
required to consider regulatory
alternatives that may be less
burdensome.
The FAA did not find any significant
regulatory alternatives to this AD that
2 Firm revenue and employee count are drawn
from online sources, including: Dun & Bradstreet,
Inc. (www.dnb.com); Manta Media, Inc.
(www.manta.com); Buzzfile Media, Inc.
VerDate Sep<11>2014
16:04 Sep 18, 2023
Jkt 259001
would still accomplish the safety
objectives of this AD.
Regulatory Findings
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.
(www.buzzfile.com); Datanyze, Inc.
(www.datanyze.com); Moody’s Analytics
(start.cortera.com); GeneralLiabilityInsure.com
(generalliabilityinsure.com); Kona Equity
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
and
(2) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the RFA.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
(www.konaequity.com); and ZoomInfo Technologies
LLC (www.zoominfo.com).
E:\FR\FM\19SER1.SGM
19SER1
64372
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations
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 airworthiness
directive:
■
2023–18–03 Viking Air Limited (Type
Certificate Previously Held by
Bombardier Inc. and de Havilland, Inc.):
Amendment 39–22544; Docket No.
FAA–2020–1076; Project Identifier
MCAI–2020–01201–A.
(a) Effective Date
This airworthiness directive (AD) is
effective October 24, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Viking Air Limited
(type certificate previously held by
Bombardier Inc. and de Havilland, Inc.)
Model DHC–3 airplanes, all serial numbers,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2700, Flight Control System.
(e) Unsafe Condition
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 corrosion,
wear, and fatigue-related degradation in
aging aircraft. The FAA is issuing this AD to
detect and address corrosion and cracking.
This condition, if not addressed, could lead
to structural failure with consequent loss of
control of the airplane.
ddrumheller on DSK120RN23PROD with RULES1
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within 90 days after the effective date
of this AD, incorporate into the existing
maintenance records required by 14 CFR
91.417(a)(2) or 135.439(a)(2), as applicable
for your airplane, the actions and associated
thresholds and intervals, including life
limits, specified in Parts 2 and 3 of Viking
DHC–3 Otter Supplemental Inspection and
Corrosion Control Manual, PSM 1–3–5,
Revision IR, dated December 21, 2017
(Viking PSM 1–3–5, Revision IR). Do each
initial task within 6 months after the effective
VerDate Sep<11>2014
16:04 Sep 18, 2023
Jkt 259001
date of this AD or at the threshold for each
applicable task specified in Part 3 of Viking
Product Support Manual PSM 1–3–5,
Revision IR, whichever occurs later. Where
Viking PSM 1–3–5, Revision IR, specifies
contacting Viking regarding a component’s
alloy and heat treat condition, this AD
requires contacting the Manager,
International Validation Branch, FAA,
Transport Canada, or Viking’s Transport
Canada Design Approval Organization
(DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.
Note 1 to paragraph (g)(1): Viking DHC–3
Otter Service Bulletin V3/0010, Revision NC,
dated March 19, 2020, contains additional
information related to this AD.
(2) After the action required by paragraph
(g)(1) of this AD has been done, no
alternative actions and associated thresholds
and intervals, including life limits, are
allowed unless they are approved as
specified in paragraph (i) of this AD.
(h) Reporting
(1) For inspections done after the effective
date of this AD, report to Viking any Level
2 or Level 3 corrosion, as specified in Viking
PSM 1–3–5, Revision IR, at the times
specified in and in accordance with part 3,
paragraph 5, of Viking PSM 1–3–5, Revision
IR.
(2) For inspections done before the
effective date of this AD, within 30 days after
the effective date of this AD report to Viking
any Level 2 or Level 3 corrosion, as specified
in Viking PSM 1–3–5, Revision IR, in
accordance with part 3, paragraph 5, of
Viking PSM 1–3–5, Revision IR.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (j)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved specifically for this AD
by the Manager, International Validation
Branch, FAA.
(j) Additional Information
(1) Refer to Transport Canada AD CF–
2018–04, dated January 19, 2018, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2020–1076.
(2) For more information about this AD,
contact Deep Gaurav, Aviation Safety
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (817) 228–
3731; email: 9-avs-nyaco-cos@faa.gov.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Viking DHC–3 Otter Supplemental
Inspection and Corrosion Control Manual,
PSM 1–3–5, Revision IR, dated December 21,
2017.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Viking Air Limited
Technical Support, 1959 de Havilland Way,
Sidney, British Columbia, Canada V8L 5V5;
phone: (800) 663–8444; fax: (250) 656–0673;
email: technical.support@vikingair.com;
website: vikingair.com/support/servicebulletins.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–20188 Filed 9–18–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 23–11]
RIN 1515–AE82
Extension and Amendment of Import
Restrictions Imposed on
Archaeological and Ethnological
Material of Cambodia
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
E:\FR\FM\19SER1.SGM
19SER1
]]>Agencies
[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64368-64372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20188]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1076; Project Identifier MCAI-2020-01201-A;
Amendment 39-22544; AD 2023-18-03]
RIN 2120-AA64
Airworthiness Directives; Viking Air Limited (Type Certificated
Previously Held by Bombardier Inc. and de Havilland, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Viking Air Limited (Viking) (type certificate previously held by
Bombardier Inc. and de Havilland, Inc.) Model DHC-3 airplanes. This 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 corrosion, wear, and fatigue-related
degradation in aging aircraft. This AD requires incorporating into the
existing maintenance records for your airplane the actions and
associated thresholds and intervals, including life limits, specified
in a supplemental inspection and corrosion control manual for Model
DHC-3 airplanes. This AD also requires completing all the initial tasks
identified in this manual and reporting corrosion findings to Viking.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective October 24, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 24,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2020-1076; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the MCAI, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
[[Page 64369]]
For service information identified in this final rule,
contact Viking Air Limited Technical Support, 1959 de Havilland Way,
Sidney, British Columbia, Canada V8L 5V5; phone: (800) 663-8444; fax:
(250) 656-0673; email: [email protected]; website:
vikingair.com/support/service-bulletins.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110. It is also available at
regulations.gov under Docket No. FAA-2020-1076.
FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516)
228-7321; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Viking Model DHC-3
airplanes. The NPRM published in the Federal Register on February 8,
2022 (87 FR 7059). The NPRM was prompted by AD CF-2018-04, dated
January 19, 2018, issued by Transport Canada, which is the aviation
authority for Canada (referred to after this as the MCAI). The MCAI
states that Viking developed a supplementary inspection and corrosion
control program for aging airplanes, which identifies specific
locations of an airplane that must be inspected to ensure corrosion-
related degradation does not result in an unsafe condition.
The MCAI requires doing all inspections specified in Part 2 of
Viking DHC-3 Otter Supplemental Inspection and Corrosion Control
Manual, PSM 1-3-5, Revision IR, dated December 21, 2017 (Viking PSM 1-
3-5, Revision IR), doing applicable corrective actions using Part 3 of
Viking PSM 1-3-5, Revision IR, and reporting to Viking Level 2 and
Level 3 corrosion as specified in Part 3 of Viking PSM 1-3-5, Revision
IR.
Corrosion, wear, and fatigue-related degradation, if not addressed,
could lead to structural failure with consequent loss of control of the
airplane.
In the NPRM, the FAA proposed to require establishing a corrosion
prevention and control program to identify and correct corrosion and
cracking. In the NPRM, the FAA also proposed to require completing all
of the initial tasks identified in the program and reporting corrosion
findings to Viking.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2020-1076.
The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 by adding an AD that would apply to all Viking
Model DHC-3 airplanes. The SNPRM published in the Federal Register on
June 28, 2023 (88 FR 41863). The SNPRM was prompted by the FAA's
decision to revise the proposed actions specified in the NPRM and to
reopen the comment period to allow the public the chance to comment on
whether the proposed AD would have a significant economic impact on a
substantial number of small entities. In the SNPRM, the FAA proposed to
require incorporating into the existing maintenance records for your
airplane the actions and associated thresholds and intervals, including
life limits, specified in Parts 2 and 3 of Viking PSM 1-3-5, Revision
IR, completing all the initial tasks identified in Viking PSM 1-3-5,
Revision IR, and reporting to Viking any Level 2 or Level 3 corrosion
findings. The FAA is issuing this AD to address the unsafe condition on
these products.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the SNPRM or on the determination
of the costs.
Conclusion
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. Except for minor editorial changes, this AD is
adopted as proposed in the SNPRM.
ADs Mandating Airworthiness Limitations (ALS)
The FAA has previously mandated airworthiness limitations by
issuing ADs that require revising the ALS of the existing maintenance
manual or instructions for continued airworthiness to incorporate new
or revised inspections. This AD, however, requires establishing and
incorporating new inspections into the existing maintenance records
required by 14 CFR 91.417(a)(2) or 135.439(a)(2) for your airplane. The
FAA does not intend this as a substantive change. Requiring
incorporation of the new ALS requirements into the existing maintenance
records, rather than requiring individual repetitive inspections and
replacements, allows operators to record AD compliance once after
updating the existing maintenance records, rather than recording
compliance after every inspection and part replacement.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Viking PSM 1-3-5, Revision IR, which specifies
procedures for inspecting areas of the airplane that are particularly
susceptible to corrosion, wear, and fatigue-related degradation. Viking
PSM 1-3-5, Revision IR, also specifies repetitive inspection intervals,
defines the different levels of corrosion, and provides corrective
action if corrosion is found.
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 ADDRESSES.
Other Related Service Information
The FAA also reviewed Viking DHC-3 Otter Service Bulletin V3/0010,
Revision NC, dated March 19, 2020. The service bulletin provides a list
of new inspection tasks that have been added to the DHC-3 maintenance
program in Viking PSM 1-3-5, Revision IR.
Impact on Intrastate Aviation in Alaska
In light of the heavy reliance on aviation for intrastate
transportation in Alaska, the FAA has fully considered the effects of
this final rule (including costs to be borne by affected operators)
from the earliest possible stages of AD development. As previously
stated, 14 CFR part 39 requires operators to correct an unsafe
condition identified on an airplane to ensure operation of that
airplane in an airworthy condition. The FAA has determined that the
need to correct corrosion-related degradation in aging aircraft, which
could lead to structural failure with consequent loss of control of the
airplane, outweighs any impact on aviation in Alaska.
Costs of Compliance
The FAA estimates that this AD affects 68 airplanes of U.S.
registry. The FAA also estimates that it will take about 1 work-hour
per airplane at a
[[Page 64370]]
labor rate of $85 per work-hour to revise the existing maintenance
records.
Based on these figures, the FAA estimates the cost of this AD on
U.S. operators to be $5,780 or $85 per airplane.
The FAA estimates it will take about 1 work-hour to report any
Level 2 corrosion found during the initial or subsequent inspections or
any Level 3 corrosion found during the initial or subsequent
inspections, for an estimated cost of $85 per airplane.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980, Public Law 96-354, 94 Stat.
1164 (5 U.S.C. 601-612) (RFA) establishes as a principle of regulatory
issuance that agencies shall endeavor, consistent with the objectives
of the rule and of applicable statutes, to fit regulatory and
informational requirements to the scale of the businesses,
organizations, and governmental jurisdictions subject to regulation.
To achieve this principle, agencies are required to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions to assure that such proposals are given serious
consideration. The RFA covers a wide-range of small entities, including
small businesses, not-for-profit organizations, and small governmental
jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
The FAA published an Initial Regulatory Flexibility Analysis (IRFA)
for this rule to aid the public in commenting on the potential impacts
to small entities. The FAA did not receive any public comments on the
IRFA. The purpose of this Final Regulatory Flexibility Analysis (FRFA)
is to provide the reasoning underlying the FAA's determination. A FRFA
must contain the following:
(1) A statement of the need for, and objectives of, the rule;
(2) A statement of the significant issues raised by the public
comments in response to the IRFA, a statement of the assessment of the
agency of such issues, and a statement of any changes made in the
proposed rule as a result of such comments;
(3) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration (SBA) in
response to the proposed rule, and a detailed statement of any change
made to the proposed rule in the final rule as a result of the
comments;
(4) A description of and an estimate of the number of small
entities to which the rule will apply or an explanation of why no such
estimate is available;
(5) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record; and
(6) A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected.
1. Need for and Objectives of the Rule
The NPRM proposed to adopt a new AD for all Viking Model DHC-3
airplanes. This AD results from MCAI originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product.
The objective of this final rule is to require incorporating into
the existing maintenance records for your airplane the actions and
associated thresholds and intervals, including life limits, specified
in a supplemental inspection and corrosion control manual for Model
DHC-3 airplanes. This final rule also requires completing all the
initial tasks identified in this manual and reporting corrosion
findings to Viking.
2. Significant Issues Raised in Public Comments
The FAA received no public comments on the SNPRM.
3. Response to SBA Comments
The Chief Counsel for Advocacy of the SBA did not file any comments
in response to the proposed rule. Thus, the FAA did not make any
changes to the proposed rule in the final rule.
4. Description and Estimate of the Number of Small Entities
The RFA defines small entities as small businesses, small
governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3),
the RFA defines ``small business'' to have the same meaning as ``small
business concern'' under section 3 of the Small Business Act. The Small
Business Act authorizes the SBA to define ``small business'' by issuing
regulations.
SBA (2022) has established size standards for various types of
economic activities, or industries, under the North American Industry
Classification System (NAICS).\1\ These size standards generally define
small businesses based
[[Page 64371]]
on the number of employees or annual receipts.
---------------------------------------------------------------------------
\1\ Small Business Administration (SBA). 2022. Table of Size
Standards. Effective July 14, 2022. https://www.sba.gov/document/support-table-size-standards.
---------------------------------------------------------------------------
The FAA identified 68 de Havilland Model DHC-3 ``Otter'' airplanes
that would be affected by the final rule AD. These 68 airplanes are
registered to 32 private firms and 5 individuals. The individuals are
excluded from this analysis as they presumably are not small entities
under the RFA.
The 32 private firms own 63 airplanes. Of these firms, the FAA was
able to obtain the data necessary to classify 21 of them.\2\ All but
one firm qualify as small entities under the RFA. Thus, the FAA
estimates that this rule would impact 20 small entities. For these 20
small entities, the results of the cost impact analysis are shown in
Table 1, ``Cost Impact on Small Entities.''
---------------------------------------------------------------------------
\2\ Firm revenue and employee count are drawn from online
sources, including: Dun & Bradstreet, Inc. (www.dnb.com); Manta
Media, Inc. (www.manta.com); Buzzfile Media, Inc.
(www.buzzfile.com); Datanyze, Inc. (www.datanyze.com); Moody's
Analytics (start.cortera.com); GeneralLiabilityInsure.com
(generalliabilityinsure.com); Kona Equity (www.konaequity.com); and
ZoomInfo Technologies LLC (www.zoominfo.com).
---------------------------------------------------------------------------
5. Projected Reporting, Recordkeeping, and Other Compliance
Requirements
AD costs per airplane are 1 work hour plus $85 reporting costs for
initial inspection, for a total of $170. The AD cost per small entity
is shown in the ``Cost'' column of Table 1 and cost impact is measured
by AD cost as a percentage of revenues. As the table shows, the mean
cost impact is 0.1% of annual revenues, with a maximum impact of 0.46%
of annual revenues, and a minimum impact below 0.01%.
Table 1--Cost Impact on Small Entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cost/
Firm No. A/C Revenue Cost revenue NAICS Size standard NAICS industry
($1,000) ($1,000) (%) code
--------------------------------------------------------------------------------------------------------------------------------------------------------
SUMMIT LEASING LLC....................... 3 110 0.2 0.00 532490 $35 mn................... Other Comm'l and Industrial
Mach. and Equip. Rental &
Leasing.
KATMAI AIR LLC........................... 2 117 0.2 0.00 532411 $40 mn................... Comm'l Air, Rail, and Water
Transp. Equip. Rental &
Leasing.
JESPERSEN AIRCRAFT SERVICES INC.......... 1 113 1.9 0.00 481219 $22 mn................... Other Nonscheduled Air
Transportation.
DOYON AIR TRANSPORT LLC.................. 1 127 1.0 0.01 488999 $22 mn................... All Other Support
Activities for
Transportation.
RED LEASING LLC.......................... 2 359 0.2 0.01 532490 $35 mn................... Other Comm'l and Industrial
Mach. and Equip. Rental &
Leasing.
RAINBOW KING LODGE INC................... 1 209 0.2 0.02 721199 $8 mn.................... All Other Traveler
Accommodation.
PANTECHNICON AVIATION LTD................ 1 235 0.2 0.02 532411 $40 mn................... Comm'l Air, Rail, and Water
Transp. Equip. Rental &
Leasing.
EMERALD AIR SERVICE INC.................. 1 250 1.0 0.02 481219 $22 mn................... Other Nonscheduled Air
Transportation.
BLUE AIRCRAFT LLC........................ 2 750 0.2 0.02 483000 1500 emp................. Scheduled Passenger Air
Transportation.
TALON AIR SERVICE INC.................... 1 520 0.2 0.02 481219 $22 mn................... Other Nonscheduled Air
Transportation.
BALD MOUNTAIN AIR SERVICE INC............ 1 700 0.2 0.03 481219 $22 mn................... Other Nonscheduled Air
Transportation.
NORTHWEST SEAPLANES INC.................. 1 750 0.3 0.05 481111 1500 emp................. Scheduled Passenger Air
Transportation.
TALKEETNA AIR TAXI INC................... 6 4,600 0.2 0.07 481211 1500 emp................. Nonscheduled Chartered
Passenger Air
Transportation.
GOLDEN EAGLE OUTFITTERS INC.............. 1 960 0.2 0.07 713990 $8 mn.................... All Other Amusement and
Recreation Industries.
MUNICH HANS W DBA........................ 1 998 0.2 0.08 481219 $22 mn................... Other Nonscheduled Air
Transportation.
DESTINATION ALASKA ADVENTURE CO LLC...... 1 1,300 0.3 0.09 481211 1500 emp................. Nonscheduled Chartered
Passenger Air
Transportation.
RUSTAIR INC.............................. 6 10,224 0.2 0.13 532411 $40 mn................... Comm'l Air, Rail, and Water
Transp. Equip. Rental &
Leasing.
KENMORE AIR HARBOR LLC................... 11 51,500 0.2 0.15 481111 1500 emp................. Scheduled Passenger Air
Transportation.
RAPIDS CAMP LODGE INC.................... 1 7,000 0.3 0.29 721214 $8 mn.................... Recreational and Vacation
Camps (except
Campgrounds).
BANK OF UTAH TRUSTEE..................... 1 90,000 0.5 0.46 522110 $750 mn in assets........ Commercial Banking.
--------------------------------------------------------------------------------------------------------------
Total................................ 45 170,822 7.7 ......... .........
Average.............................. ......... 8,541 0.38 0.06 .........
Median............................... ......... 725 0.17 0.02 .........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: 1. The size standard is the maximum size for the NAICS industry considered by the Small Business Administration to be a small entity. 2. AD costs
per airplane are 1 work-hour x $85 + $85 reporting costs for initial inspection, for a total of $170.
Costs under 1% of revenues for all of the small entities lead the
FAA to conclude that this rule does not have a significant impact on a
substantial number of small entities.
6. Significant Alternatives Considered
As part of the FRFA, the FAA is required to consider regulatory
alternatives that may be less burdensome.
The FAA did not find any significant regulatory alternatives to
this AD that would still accomplish the safety objectives of this AD.
Regulatory Findings
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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the RFA.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 64372]]
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2023-18-03 Viking Air Limited (Type Certificate Previously Held by
Bombardier Inc. and de Havilland, Inc.): Amendment 39-22544; Docket
No. FAA-2020-1076; Project Identifier MCAI-2020-01201-A.
(a) Effective Date
This airworthiness directive (AD) is effective October 24, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Viking Air Limited (type certificate
previously held by Bombardier Inc. and de Havilland, Inc.) Model
DHC-3 airplanes, all serial numbers, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2700, Flight Control
System.
(e) Unsafe Condition
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 corrosion, wear,
and fatigue-related degradation in aging aircraft. The FAA is
issuing this AD to detect and address corrosion and cracking. This
condition, if not addressed, could lead to structural failure with
consequent loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Within 90 days after the effective date of this AD,
incorporate into the existing maintenance records required by 14 CFR
91.417(a)(2) or 135.439(a)(2), as applicable for your airplane, the
actions and associated thresholds and intervals, including life
limits, specified in Parts 2 and 3 of Viking DHC-3 Otter
Supplemental Inspection and Corrosion Control Manual, PSM 1-3-5,
Revision IR, dated December 21, 2017 (Viking PSM 1-3-5, Revision
IR). Do each initial task within 6 months after the effective date
of this AD or at the threshold for each applicable task specified in
Part 3 of Viking Product Support Manual PSM 1-3-5, Revision IR,
whichever occurs later. Where Viking PSM 1-3-5, Revision IR,
specifies contacting Viking regarding a component's alloy and heat
treat condition, this AD requires contacting the Manager,
International Validation Branch, FAA, Transport Canada, or Viking's
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.
Note 1 to paragraph (g)(1): Viking DHC-3 Otter Service Bulletin
V3/0010, Revision NC, dated March 19, 2020, contains additional
information related to this AD.
(2) After the action required by paragraph (g)(1) of this AD has
been done, no alternative actions and associated thresholds and
intervals, including life limits, are allowed unless they are
approved as specified in paragraph (i) of this AD.
(h) Reporting
(1) For inspections done after the effective date of this AD,
report to Viking any Level 2 or Level 3 corrosion, as specified in
Viking PSM 1-3-5, Revision IR, at the times specified in and in
accordance with part 3, paragraph 5, of Viking PSM 1-3-5, Revision
IR.
(2) For inspections done before the effective date of this AD,
within 30 days after the effective date of this AD report to Viking
any Level 2 or Level 3 corrosion, as specified in Viking PSM 1-3-5,
Revision IR, in accordance with part 3, paragraph 5, of Viking PSM
1-3-5, Revision IR.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, mail
it to the address identified in paragraph (j)(2) of this AD or email
to: [email protected]. If mailing information, also submit
information by email.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved specifically for this AD by the Manager,
International Validation Branch, FAA.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2018-04, dated January 19,
2018, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2020-1076.
(2) For more information about this AD, contact Deep Gaurav,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (817) 228-3731; email: [email protected].
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Viking DHC-3 Otter Supplemental Inspection and Corrosion
Control Manual, PSM 1-3-5, Revision IR, dated December 21, 2017.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Viking Air Limited Technical Support, 1959 de Havilland Way, Sidney,
British Columbia, Canada V8L 5V5; phone: (800) 663-8444; fax: (250)
656-0673; email: [email protected]; website:
vikingair.com/support/service-bulletins.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on September 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-20188 Filed 9-18-23; 8:45 am]
BILLING CODE 4910-13-P
