Airworthiness Directives; Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland, Inc.) Airplanes, 86816-86819 [2023-27495]

Download as PDF 86816 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations (7) Title 29 CFR, part 1926, ‘‘Safety and Health Regulations for Construction,’’ except for 29 CFR 1926.1124, ‘‘Beryllium.’’ * * * * * (9) American Conference of Governmental Industrial Hygienists (ACGIH®), Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2016) (incorporated by reference, see § 851.27), excluding the threshold limit values (TLVs®) for beryllium and beryllium compounds, when the ACGIH® TLVs® are lower (more protective) than permissible exposure limits in 29 CFR part 1910 for general industry, 29 CFR part 1915 for shipyards, and/or 29 CFR part 1926 for construction. When the ACGIH® TLVs® are used as exposure limits, contractors must comply with the other provisions of any applicable expanded health standard found in 29 CFR parts 1910, 1915, and 1926. * * * * * (b) Nothing in this part relieves contractors from the responsibility to comply with any additional safety and health requirements that are necessary to protect the safety and health of workers. * * * * * ■ 6. Amend § 851.27 by revising paragraph (a) to read as follows: ddrumheller on DSK120RN23PROD with RULES1 § 851.27 Materials incorporated by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the U.S. Department of Energy (DOE) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at DOE and at the National Archives and Records Administration (NARA). Contact DOE: the U.S. Department of Energy, Office of Environment, Health, Safety and Security, Office of Worker Safety and Health Policy, Mailstop EHSS–11, 1000 Independence Ave. SW, Washington, DC 20585; (301) 903–1165. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email: fr.inspection@ nara.gov. The material may be obtained from the sources in the following paragraphs of this section. * * * * * [FR Doc. 2023–27615 Filed 12–14–23; 8:45 am] BILLING CODE 6450–01–P VerDate Sep<11>2014 15:56 Dec 14, 2023 Jkt 262001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1821; Project Identifier MCAI–2022–01045–A; Amendment 39–22601; AD 2023–22–17] RIN 2120–AA64 Airworthiness Directives; Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland, Inc.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: Background The FAA is adopting a new airworthiness directive (AD) for all Viking Air Limited (type certificate previously held by Bombardier Inc. and de Havilland, Inc.) (Viking) Model DHC–3 airplanes. This AD was prompted by a report of cracking in the left-hand side (LHS) and right-hand side (RHS) lower engine mount pickup fittings. This AD requires a one-time inspection of the affected parts for cracking, deformation, corrosion, fretting or wear, paint or surface coating damage, and loose, missing, or broken fasteners, and applicable corrective actions. This AD also requires reporting the inspection results. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 19, 2024. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 19, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1821; 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 mandatory continuing airworthiness information (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: • 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: (403) 295–8888; email: dh_technical.support@ SUMMARY: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 vikingair.com; 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–2023–1821. FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (917) 348– 6266; email: avs-nyaco-cos@faa.gov. SUPPLEMENTARY INFORMATION: 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 September 7, 2023 (88 FR 61488). The NPRM was prompted by AD CF–2022–41, dated August 4, 2022 (also referred to as the MCAI), issued by Transport Canada, which is the aviation authority for Canada. The MCAI states that Viking received a post inspection report of fatigue cracking on the LHS and RHS of the lower engine mount pickup fittings on a Viking Model DHC–3 airplane. The two upper and two lower engine mount pickup fittings provide a rigid connection between the engine mount ring to which the engine is secured, and the firewall rear face. The MCAI also states that the current inspection requirements do not include a direct inspection of the lower and upper engine mount pickup fittings, and consequently, cracks or other damage to the engine mount pickup fittings may not be detected. Additionally, the MCAI states that an investigation determined that the upper engine mount pickup fittings can also have undetected fatigue cracks because they are manufactured from the same material as the lower engine mount pickup fittings. Cracking of any of the engine mount pickup fittings can result in failure of the fitting, leading to a loose connection of the engine mount ring, which provides main support for the engine at the firewall. This condition, if not addressed, could, in the case of cracking of any of the engine mount pickup fittings, result in failure of the fitting, leading to a loose connection of the engine mount ring and consequent reduced control of the airplane. To address the unsafe condition, the MCAI requires a one-time inspection of the affected parts and applicable corrective E:\FR\FM\15DER1.SGM 15DER1 86817 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations action. The MCAI also requires reporting the inspection results to Viking. In the NPRM, the FAA proposed to require a one-time inspection of the affected parts for cracking, deformation, corrosion, fretting or wear, paint or surface coating damage, and loose, missing, or broken fasteners, and applicable corrective actions. Additionally, in the NPRM, the FAA proposed to require reporting the inspection results. The FAA is issuing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1821. Discussion of Final Airworthiness Directive Comments The FAA received no comments on the NPRM 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. This AD is adopted as proposed in the NPRM. Related Service Information Under 1 CFR Part 51 The FAA reviewed Part 1 of Viking PSM 1–3–3, DHC–3 Otter Repair Manual, dated August 1, 1963. This service information specifies procedures for determining the damage classification and repair limits of any structural damage found on an engine mount pickup fitting and determining if an affected engine mount pickup fitting can be repaired or if it should be replaced. Although the watermarked words ‘‘Uncontrolled for Reference Only’’ appear on the title page and each page of the table of contents of this document, and the watermarked word ‘‘Uncontrolled’’ appears on each page of Part 1 of this document, this is the current version. The FAA also reviewed Part 1 of Viking PSM 1–3–5, DHC–3 Otter Supplemental Inspection and Corrosion Control Manual, Revision IR, dated December 21, 2017 (Viking PSM 1–3–5, Revision IR). This service information specifies procedures for repairing any damaged paint or surface coating of an engine mount pickup fitting. In addition, the FAA reviewed Viking Service Bulletin V3/0012, Revision NC, dated January 20, 2022. This service information specifies procedures for inspecting the upper and lower LHS and RHS engine mount pickup fittings, reporting the inspection results, and performing corrective actions. The corrective actions include replacing any loose, missing, or broken fastener; and replacing any cracked or deformed engine mount pickup fitting with a new or serviceable part. 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. Differences Between This AD and the MCAI The MCAI requires contacting Viking for approval of proposed repair instructions if any corrosion, wear, or fretting damage to any engine mount pickup fitting is found and this AD does not. This AD requires contacting either 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. Where Part 1 of Viking PSM 1–3–5, Revision IR, specifies contacting Viking if the alloy and condition of an affected engine mount pickup fitting cannot be identified, this AD requires contacting the Manager, International Validation Branch, FAA; Transport Canada; or Viking’s Transport Canada DAO for instructions. If approved by the DAO, the approval must include the DAOauthorized signature. Interim Action The FAA considers that this AD is an interim action. If final action is later identified, the FAA might consider further rulemaking. Costs of Compliance The FAA estimates that this AD affects 65 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS Cost per product Labor cost Detailed visual inspection of the engine mount pickup fitting. Report results of inspection ............................ 2 work-hours × $85 per hour = $170 ............. $0 $170 $11,050 1 work-hour × $85 per hour = $85 ................. 0 85 5,525 The FAA estimates the following costs to do any necessary actions that Parts cost Cost on U.S. operators Action would be required based on the results of the inspection. The agency has no way of determining the number of aircraft that might need these actions: ON-CONDITION COSTS ddrumheller on DSK120RN23PROD with RULES1 Action Replace engine mount pickup fitting. Replace the fastener with a new fastener. Perform a detailed visual inspection of the fastener hole. VerDate Sep<11>2014 15:56 Dec 14, 2023 Labor cost Parts cost Cost per product 4 work-hours × $85 per hour = $340 (per engine mount pickup fitting). 1 work-hour × $85 per hour = $85 Up to $692 per engine mount pickup fitting. Up to $1,032 per engine mount pickup fitting. Negligible ...................................... $85. 1 work-hour × $85 per hour = $85 $0 .................................................. $85. Jkt 262001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\15DER1.SGM 15DER1 86818 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations Any repair that may be needed as a result of the detailed visual inspection of the engine mount pickup fitting could vary significantly from airplane to airplane. The FAA has no data to determine the costs to accomplish the repair or the number of airplanes that may require repair. ddrumheller on DSK120RN23PROD with RULES1 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 Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a VerDate Sep<11>2014 15:56 Dec 14, 2023 Jkt 262001 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, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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: ■ 2023–22–17 Viking Air Limited (Type Certificate Previously Held by Bombardier Inc. and de Havilland, Inc.): Amendment 39–22601; Docket No. FAA–2023–1821; Project Identifier MCAI–2022–01045–A. (a) Effective Date This airworthiness directive (AD) is effective January 19, 2024. (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 7120, Engine Mount Section. (e) Unsafe Condition This AD was prompted by a report of cracking in the left-hand side (LHS) and right-hand side (RHS) lower engine mount pickup fittings. The FAA is issuing this AD to address cracking in the LHS and RHS lower engine mount pickup fittings. The PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 unsafe condition, if not addressed, could, in the case of cracking of any of the engine mount pickup fittings, result in failure of the fitting, leading to a loose connection of the engine mount ring, which provides main support for the engine at the firewall, and consequent reduced control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) Within 6 months after the effective date of this AD, do a detailed visual inspection of the lower engine mount pickup fittings part numbers (P/Ns) C3FS46–7 and C3FS46–8 and the upper engine mount pickup fittings P/Ns C3FS42–5 and C3FS42–6 for cracking, deformation (altered form or shape), corrosion, fretting or wear, paint or surface coating damage (loose, delaminating, flaking, peeling, chipping of the coating or paint, exposed bare metal, or corroded), and loose, missing, or broken fasteners, in accordance with Part A, steps 1 through 8, of the Accomplishment Instructions in Viking Service Bulletin V3/0012, Revision NC, dated January 20, 2022 (Viking SB V3/0012). (2) If any crack or deformation (altered form or shape) of any engine mount pickup fitting is found during the detailed visual inspection required by paragraph (g)(1) of this AD, before further flight, replace the fitting with a new or serviceable part, in accordance with Part A, step 10, of the Accomplishment Instructions in Viking SB V3/0012. For purposes of this AD, ‘‘new’’ means zero hours time-in-service. (3) If any paint or surface coating of the engine mount pickup fitting is found damaged (loose, delaminating, flaking, peeling, chipping of the coating or paint, exposed bare metal, or corroded) during the detailed visual inspection required by paragraph (g)(1) of this AD, before further flight, repair the fitting in accordance with Part 1 of Viking PSM 1–3–5, DHC–3 Otter Supplemental Inspection and Corrosion Control Manual, Revision IR, dated December 21, 2017 (Viking PSM 1–3–5, Revision IR), and Part A, step 12, of the Accomplishment Instructions in Viking SB V3/0012. Where Part 1 of Viking PSM 1–3–5, Revision IR, specifies contacting Viking if the alloy and condition of an affected engine mount pickup fitting cannot be identified, this AD requires contacting the Manager, International Validation Branch, FAA; Transport Canada; or Viking’s Transport Canada Design Approval Organization (DAO) for instructions. (4) If any loose, missing, or broken fastener is found during the detailed visual inspection required by paragraph (g)(1) of this AD, before further flight, replace the fastener with a new fastener, do a detailed visual inspection of the fastener hole to detect cracking, corrosion, an elongated bore hole, bore surface roughness, or other defects (abnormalities when compared to a new part), and repair any damage found or replace the engine mount pickup fitting with a new or serviceable part if damage is beyond repairable limits, in accordance with Part 1 E:\FR\FM\15DER1.SGM 15DER1 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Rules and Regulations of Viking PSM 1–3–3 DHC–3 Otter Repair Manual, dated August 1, 1963, and Part A, step 9, of the Accomplishment Instructions in Viking SB V3/0012. (5) If any corrosion, wear, or fretting to any engine mount pickup fitting is found during the detailed visual inspection required by paragraph (g)(1) of this AD, before further flight, contact the Manager, International Validation Branch, FAA; Transport Canada; or Viking’s Transport Canada DAO to obtain instructions for an approved repair and, within the compliance timeframe specified therein, do the repair. If approved by the DAO, the approval must include the DAOauthorized signature. Alternatively, before further flight, replace the engine mount pickup fitting with a new or serviceable part in accordance with Part A, step 10, of the Accomplishment Instructions in Viking SB V3/0012. (h) Reporting Requirement Report the inspection results from the detailed visual inspection required by paragraph (g)(1) of this AD at the applicable time specified in paragraph (h)(1) or (2) of this AD in accordance with Part A, step 14, of the Accomplishment Instructions in Viking SB V3/0012. (1) For inspections done on or after the effective date of this AD: Submit the report within 30 days after the inspection. (2) For inspections done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. ddrumheller on DSK120RN23PROD with RULES1 (i) 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 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. 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. (j) Additional Information (1) Refer to Transport Canada AD CF– 2022–41, dated August 4, 2022, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–1821. (2) For more information about this AD, contact Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (917) 348– 6266; email: Yaser.M.Osman@faa.gov. (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. VerDate Sep<11>2014 15:56 Dec 14, 2023 Jkt 262001 (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Viking PSM 1–3–3, DHC–3 Otter Repair Manual, Part 1, dated August 1, 1963. Note 1 to paragraph (k)(2)(i): Although the document specified in paragraph (k)(2)(i) has the watermarked words ‘‘Uncontrolled for Reference Only’’ on the title page and each page of the table of contents, and the watermarked word ‘‘Uncontrolled’’ on each page of Part 1, this is a current version of that document. (ii) Viking PSM 1–3–5, DHC–3 Otter Supplemental Inspection and Corrosion Control Manual, Revision IR, Part 1, dated December 21, 2017. (iii) Viking Service Bulletin V3/0012, Revision NC, dated January 20, 2022. (3) For Viking 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: (403) 295–8888; email: dh_ technical.support@vikingair.com; 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 material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on November 3, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–27495 Filed 12–14–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1812; Project Identifier MCAI–2023–00726–A; Amendment 39–22602; AD 2023–22–18] RIN 2120–AA64 Airworthiness Directives; Diamond Aircraft Industries Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all Diamond Aircraft Industries Inc. Model DA 62 airplanes. This AD was prompted by reports of baggage nets installed with defective buckles, which may result in failure of the baggage net to restrain the baggage or cargo, which could lead to SUMMARY: PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 86819 injury to the occupants in the case of an emergency landing. This AD requires identifying and replacing the affected part. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 19, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 19, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1812; 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 mandatory continuing airworthiness information (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: • For service information identified in this final rule, contact Diamond Aircraft Industries Inc., Att: Thit Tun, 1560 Crumlin Road, London, N5V 1S2, Canada; phone: (519) 457–4000; email: t.tun@diamondaircraft.com; website: diamondaircraft.com. • 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–2023–1812. FOR FURTHER INFORMATION CONTACT: Fatin Saumik, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 228– 7350; email: fatin.r.saumik@faa.gov. 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 Diamond Aircraft Industries Inc. Model DA 62 airplanes. The NPRM published in the Federal Register on September 1, 2023 (88 FR 60406). The NPRM was prompted by AD CF–2021– 24, dated July 21, 2021 (also referred to as the MCAI), issued by Transport Canada, which is the aviation authority for Canada. The MCAI states Diamond Aircraft Industries Inc. received reports of defective buckles installed on the baggage nets on DA 40 NG and DA 62 E:\FR\FM\15DER1.SGM 15DER1

Agencies

[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Rules and Regulations]
[Pages 86816-86819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27495]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1821; Project Identifier MCAI-2022-01045-A; 
Amendment 39-22601; AD 2023-22-17]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited (Type Certificate 
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 (type certificate previously held by Bombardier Inc. 
and de Havilland, Inc.) (Viking) Model DHC-3 airplanes. This AD was 
prompted by a report of cracking in the left-hand side (LHS) and right-
hand side (RHS) lower engine mount pickup fittings. This AD requires a 
one-time inspection of the affected parts for cracking, deformation, 
corrosion, fretting or wear, paint or surface coating damage, and 
loose, missing, or broken fasteners, and applicable corrective actions. 
This AD also requires reporting the inspection results. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 19, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 19, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1821; 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 mandatory continuing airworthiness 
information (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:
     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: 
(403) 295-8888; 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-2023-1821.

FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (917) 
348-6266; 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 September 7, 
2023 (88 FR 61488). The NPRM was prompted by AD CF-2022-41, dated 
August 4, 2022 (also referred to as the MCAI), issued by Transport 
Canada, which is the aviation authority for Canada. The MCAI states 
that Viking received a post inspection report of fatigue cracking on 
the LHS and RHS of the lower engine mount pickup fittings on a Viking 
Model DHC-3 airplane. The two upper and two lower engine mount pickup 
fittings provide a rigid connection between the engine mount ring to 
which the engine is secured, and the firewall rear face. The MCAI also 
states that the current inspection requirements do not include a direct 
inspection of the lower and upper engine mount pickup fittings, and 
consequently, cracks or other damage to the engine mount pickup 
fittings may not be detected. Additionally, the MCAI states that an 
investigation determined that the upper engine mount pickup fittings 
can also have undetected fatigue cracks because they are manufactured 
from the same material as the lower engine mount pickup fittings.
    Cracking of any of the engine mount pickup fittings can result in 
failure of the fitting, leading to a loose connection of the engine 
mount ring, which provides main support for the engine at the firewall. 
This condition, if not addressed, could, in the case of cracking of any 
of the engine mount pickup fittings, result in failure of the fitting, 
leading to a loose connection of the engine mount ring and consequent 
reduced control of the airplane. To address the unsafe condition, the 
MCAI requires a one-time inspection of the affected parts and 
applicable corrective

[[Page 86817]]

action. The MCAI also requires reporting the inspection results to 
Viking.
    In the NPRM, the FAA proposed to require a one-time inspection of 
the affected parts for cracking, deformation, corrosion, fretting or 
wear, paint or surface coating damage, and loose, missing, or broken 
fasteners, and applicable corrective actions. Additionally, in the 
NPRM, the FAA proposed to require reporting the inspection results. The 
FAA is issuing this AD to address the unsafe condition on these 
products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1821.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM 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. This AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Part 1 of Viking PSM 1-3-3, DHC-3 Otter Repair 
Manual, dated August 1, 1963. This service information specifies 
procedures for determining the damage classification and repair limits 
of any structural damage found on an engine mount pickup fitting and 
determining if an affected engine mount pickup fitting can be repaired 
or if it should be replaced. Although the watermarked words 
``Uncontrolled for Reference Only'' appear on the title page and each 
page of the table of contents of this document, and the watermarked 
word ``Uncontrolled'' appears on each page of Part 1 of this document, 
this is the current version.
    The FAA also reviewed Part 1 of Viking PSM 1-3-5, DHC-3 Otter 
Supplemental Inspection and Corrosion Control Manual, Revision IR, 
dated December 21, 2017 (Viking PSM 1-3-5, Revision IR). This service 
information specifies procedures for repairing any damaged paint or 
surface coating of an engine mount pickup fitting.
    In addition, the FAA reviewed Viking Service Bulletin V3/0012, 
Revision NC, dated January 20, 2022. This service information specifies 
procedures for inspecting the upper and lower LHS and RHS engine mount 
pickup fittings, reporting the inspection results, and performing 
corrective actions. The corrective actions include replacing any loose, 
missing, or broken fastener; and replacing any cracked or deformed 
engine mount pickup fitting with a new or serviceable part.
    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.

Differences Between This AD and the MCAI

    The MCAI requires contacting Viking for approval of proposed repair 
instructions if any corrosion, wear, or fretting damage to any engine 
mount pickup fitting is found and this AD does not. This AD requires 
contacting either 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.
    Where Part 1 of Viking PSM 1-3-5, Revision IR, specifies contacting 
Viking if the alloy and condition of an affected engine mount pickup 
fitting cannot be identified, this AD requires contacting the Manager, 
International Validation Branch, FAA; Transport Canada; or Viking's 
Transport Canada DAO for instructions. If approved by the DAO, the 
approval must include the DAO-authorized signature.

Interim Action

    The FAA considers that this AD is an interim action. If final 
action is later identified, the FAA might consider further rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 65 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Detailed visual inspection of the       2 work-hours x $85 per                $0            $170         $11,050
 engine mount pickup fitting.            hour = $170.
Report results of inspection..........  1 work-hour x $85 per                  0              85           5,525
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the inspection. The 
agency has no way of determining the number of aircraft that might need 
these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost               Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Replace engine mount pickup fitting..  4 work-hours x $85 per   Up to $692 per engine    Up to $1,032 per engine
                                        hour = $340 (per         mount pickup fitting.    mount pickup fitting.
                                        engine mount pickup
                                        fitting).
Replace the fastener with a new        1 work-hour x $85 per    Negligible.............  $85.
 fastener.                              hour = $85.
Perform a detailed visual inspection   1 work-hour x $85 per    $0.....................  $85.
 of the fastener hole.                  hour = $85.
----------------------------------------------------------------------------------------------------------------


[[Page 86818]]

    Any repair that may be needed as a result of the detailed visual 
inspection of the engine mount pickup fitting could vary significantly 
from airplane to airplane. The FAA has no data to determine the costs 
to accomplish the repair or the number of airplanes that may require 
repair.

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 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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:

2023-22-17 Viking Air Limited (Type Certificate Previously Held by 
Bombardier Inc. and de Havilland, Inc.): Amendment 39-22601; Docket 
No. FAA-2023-1821; Project Identifier MCAI-2022-01045-A.

(a) Effective Date

    This airworthiness directive (AD) is effective January 19, 2024.

(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 7120, Engine Mount 
Section.

(e) Unsafe Condition

    This AD was prompted by a report of cracking in the left-hand 
side (LHS) and right-hand side (RHS) lower engine mount pickup 
fittings. The FAA is issuing this AD to address cracking in the LHS 
and RHS lower engine mount pickup fittings. The unsafe condition, if 
not addressed, could, in the case of cracking of any of the engine 
mount pickup fittings, result in failure of the fitting, leading to 
a loose connection of the engine mount ring, which provides main 
support for the engine at the firewall, and consequent reduced 
control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) Within 6 months after the effective date of this AD, do a 
detailed visual inspection of the lower engine mount pickup fittings 
part numbers (P/Ns) C3FS46-7 and C3FS46-8 and the upper engine mount 
pickup fittings P/Ns C3FS42-5 and C3FS42-6 for cracking, deformation 
(altered form or shape), corrosion, fretting or wear, paint or 
surface coating damage (loose, delaminating, flaking, peeling, 
chipping of the coating or paint, exposed bare metal, or corroded), 
and loose, missing, or broken fasteners, in accordance with Part A, 
steps 1 through 8, of the Accomplishment Instructions in Viking 
Service Bulletin V3/0012, Revision NC, dated January 20, 2022 
(Viking SB V3/0012).
    (2) If any crack or deformation (altered form or shape) of any 
engine mount pickup fitting is found during the detailed visual 
inspection required by paragraph (g)(1) of this AD, before further 
flight, replace the fitting with a new or serviceable part, in 
accordance with Part A, step 10, of the Accomplishment Instructions 
in Viking SB V3/0012. For purposes of this AD, ``new'' means zero 
hours time-in-service.
    (3) If any paint or surface coating of the engine mount pickup 
fitting is found damaged (loose, delaminating, flaking, peeling, 
chipping of the coating or paint, exposed bare metal, or corroded) 
during the detailed visual inspection required by paragraph (g)(1) 
of this AD, before further flight, repair the fitting in accordance 
with Part 1 of Viking PSM 1-3-5, DHC-3 Otter Supplemental Inspection 
and Corrosion Control Manual, Revision IR, dated December 21, 2017 
(Viking PSM 1-3-5, Revision IR), and Part A, step 12, of the 
Accomplishment Instructions in Viking SB V3/0012. Where Part 1 of 
Viking PSM 1-3-5, Revision IR, specifies contacting Viking if the 
alloy and condition of an affected engine mount pickup fitting 
cannot be identified, this AD requires contacting the Manager, 
International Validation Branch, FAA; Transport Canada; or Viking's 
Transport Canada Design Approval Organization (DAO) for 
instructions.
    (4) If any loose, missing, or broken fastener is found during 
the detailed visual inspection required by paragraph (g)(1) of this 
AD, before further flight, replace the fastener with a new fastener, 
do a detailed visual inspection of the fastener hole to detect 
cracking, corrosion, an elongated bore hole, bore surface roughness, 
or other defects (abnormalities when compared to a new part), and 
repair any damage found or replace the engine mount pickup fitting 
with a new or serviceable part if damage is beyond repairable 
limits, in accordance with Part 1

[[Page 86819]]

of Viking PSM 1-3-3 DHC-3 Otter Repair Manual, dated August 1, 1963, 
and Part A, step 9, of the Accomplishment Instructions in Viking SB 
V3/0012.
    (5) If any corrosion, wear, or fretting to any engine mount 
pickup fitting is found during the detailed visual inspection 
required by paragraph (g)(1) of this AD, before further flight, 
contact the Manager, International Validation Branch, FAA; Transport 
Canada; or Viking's Transport Canada DAO to obtain instructions for 
an approved repair and, within the compliance timeframe specified 
therein, do the repair. If approved by the DAO, the approval must 
include the DAO-authorized signature. Alternatively, before further 
flight, replace the engine mount pickup fitting with a new or 
serviceable part in accordance with Part A, step 10, of the 
Accomplishment Instructions in Viking SB V3/0012.

(h) Reporting Requirement

    Report the inspection results from the detailed visual 
inspection required by paragraph (g)(1) of this AD at the applicable 
time specified in paragraph (h)(1) or (2) of this AD in accordance 
with Part A, step 14, of the Accomplishment Instructions in Viking 
SB V3/0012.
    (1) For inspections done on or after the effective date of this 
AD: Submit the report within 30 days after the inspection.
    (2) For inspections done before the effective date of this AD: 
Submit the report within 30 days after the effective date of this 
AD.

(i) 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 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. 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.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-41, dated August 4, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1821.
    (2) For more information about this AD, contact Yaser Osman, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (917) 348-6266; email: 
[email protected].

(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 PSM 1-3-3, DHC-3 Otter Repair Manual, Part 1, dated 
August 1, 1963.

    Note 1 to paragraph (k)(2)(i): Although the document specified 
in paragraph (k)(2)(i) has the watermarked words ``Uncontrolled for 
Reference Only'' on the title page and each page of the table of 
contents, and the watermarked word ``Uncontrolled'' on each page of 
Part 1, this is a current version of that document.

    (ii) Viking PSM 1-3-5, DHC-3 Otter Supplemental Inspection and 
Corrosion Control Manual, Revision IR, Part 1, dated December 21, 
2017.
    (iii) Viking Service Bulletin V3/0012, Revision NC, dated 
January 20, 2022.
    (3) For Viking 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: (403) 295-8888; 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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27495 Filed 12-14-23; 8:45 am]
BILLING CODE 4910-13-P

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