[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70106-70108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28273]
[[Page 70106]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0699; Directorate Identifier 2009-NM-236-AD;
Amendment 39-16510; AD 2010-23-21]
RIN 2120-AA64
Airworthiness Directives; Viking Air Limited (Type Certificate
Previously Held by Bombardier, Inc.) Model DHC-7 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. 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:
Viking Air Limited has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
The assessment showed that supplemental maintenance tasks would
be required to prevent potential ignition sources within the fuel
system, which could result in a fuel tank explosion. * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective December 22, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 22,
2010.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Richard Fiesel, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7304; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 23, 2010, (75
FR 43092). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
Viking Air Limited has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
The assessment showed that supplemental maintenance tasks would
be required to prevent potential ignition sources within the fuel
system, which could result in a fuel tank explosion. Viking Air
Limited has revised Chapter 5 of the DHC-7 Maintenance Manual, PSM
1-7-2, to introduce the required maintenance tasks.
The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to incorporate new
limitations for fuel tank systems. You may obtain further information
by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Clarification of Table Reference
Table 1--Temporary Revisions of the NPRM has a typographical error.
``FLS-06'' is corrected in Table 1 of this AD to ``FSL-06.''
Clarification of Viking DHC-7 Dash 7 Maintenance Manual Section Number
Paragraph (g) of the NPRM has a typographical error. ``Section 5-
10-30'' is corrected in paragraph (g) of this AD to ``Section 5-10-
13.''
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the correction
described previously. We determined that this correction will not
increase the economic burden on any operator or increase the scope of
the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect 11 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $935, or $85 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
[[Page 70107]]
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2010-23-21 Viking Air Limited (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-16510. Docket No. FAA-2010-0699;
Directorate Identifier 2009-NM-236-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
22, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Viking Air Limited (Type Certificate
previously held by Bombardier, Inc.) Model DHC-7-1, DHC-7-100, DHC-
7-101, DHC-7-102, and DHC-7-103 airplanes; certificated in any
category.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Viking Air Limited has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. The identified non-compliances
were then assessed using Transport Canada Policy Letter No. 525-001,
to determine if mandatory corrective action is required.
The assessment showed that supplemental maintenance tasks would
be required to prevent potential ignition sources within the fuel
system, which could result in a fuel tank explosion. * * *
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 60 days after the effective date of this AD,
incorporate all the fuel system limitation (FSL) tasks as specified
in the temporary revisions (TR) listed in Chapter 5 of the Viking
Dash 7 Series 1/100 Aircraft Maintenance Manual (AMM), PSM 1-7-2;
and incorporate Section 5-10-13, as specified in Viking Air Limited
TR 5-106, dated December 15, 2008, to Chapter 5 of the Viking Dash 7
Series 100 Maintenance Manual PSM 1-7-2.
Note 1: This may be done by inserting copies of the TRs
identified in paragraph (g) of this AD in the AMM. When these TRs
have been included in general revisions of the AMM, the general
revisions may be inserted in the AMM, provided the relevant
information in the general revision is identical to that in the TRs
identified in paragraph (g) of this AD.
(h) At the applicable time specified in paragraphs (h)(1),
(h)(2), (h)(3), and (h)(4) of this AD, do the initial inspections in
accordance with the applicable TR identified in Table 1 of this AD.
(1) For Tasks FSL-01, FSL-02, FSL-03, FSL-04 and FSL-05: Inspect
at the later of the times specified in paragraphs (h)(1)(i) and
(h)(1)(ii) of this AD.
(i) Prior to the accumulation of 18,000 total flight hours.
(ii) Within 6,000 flight hours or within 36 months after the
effective date of this AD, whichever occurs first.
(2) For Task FSL-06: Inspect at the later of the times specified
in paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
(i) Prior to the accumulation of 40,000 total flight hours.
(ii) Within 6,000 flight hours or within 36 months after the
effective date of this AD, whichever occurs first.
(3) For Task FSL-07: Within 1 month after the effective date of
this AD.
(4) For Task FSL-08: Inspect at the later of the times specified
in paragraphs (h)(4)(i) and (h)(4)(ii) of this AD.
(i) Prior to the accumulation of 4,000 total flight hours.
(ii) Within 2,000 flight hours or within 12 months after the
effective date of this AD, whichever occurs first.
Table 1--Temporary Revisions
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Task-- Viking TR-- Date--
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FSL-01...................... 5-107 December 15, 2008.
FSL-02...................... 5-108 December 15, 2008.
FSL-06...................... 5-109 December 15, 2008.
FSL-07...................... 5-110 December 15, 2008.
FSL-08...................... 5-111 December 15, 2008.
FSL-03...................... 5-112 December 15, 2008.
FSL-04 and FSL-05........... 5-113 December 15, 2008.
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FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: No differences.
Other FAA AD Provisions
(i) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone 516-
228-7300; fax 516-794-5531. Before using any approved AMOC
[[Page 70108]]
on any airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(j) Refer to MCAI Canadian Airworthiness Directive CF-2009-15,
dated April 17, 2009, and the TRs identified in Table 2 of this AD,
for related information.
Table 2--Related Service Information
------------------------------------------------------------------------
Chapter 5 of the--
Viking TR-- Dated--
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5-106.......................... December 15, 2008.. Viking Dash 7
Series 1/100 AMM,
PSM 1-7-2.
5-107.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-108.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-109.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-110.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-111.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-112.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-113.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
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Material Incorporated by Reference
(k) You must use the service information contained in Table 3 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
Chapter 5 of the--
Viking TR-- Dated--
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5-106.......................... December 15, 2008.. Viking Dash 7
Series 1/100
Airplane
Maintenance
Manual, PSM 1-7-
2.
5-107.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-108.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-109.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-110.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-111.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-112.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
5-113.......................... December 15, 2008.. Viking Dash 7
Series 100
Maintenance
Manual, PSM 1-7-
2.
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(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Viking Air Limited, 9574 Hampden Road, Sidney, British Columbia, V8L
8V5, Canada; telephone 250-656-7227; fax 250-656-0673; e-mail
[email protected]; Internet http://www.vikingair.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the 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, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on November 2, 2010.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28273 Filed 11-16-10; 8:45 am]
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