DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6628; Directorate Identifier 2016-CE-013-AD;
Amendment 39-18514; AD 2016-10-03]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Viking
Air Limited Model DHC-3 airplanes that are modified with the Baron
Short Take Off and Landing (STOL) kit (Supplemental Type Certificate
SA94-114 or SA 00287NY). This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as a center
of gravity that is too far aft contributing to a stall during takeoff
and loss of control during other phases of flight. We are issuing this
AD to require actions to address the unsafe condition on these
products.

DATES: This AD is effective May 31, 2016.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 31, 2016.
We must receive comments on this AD by June 27, 2016.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Stolairus
Aviation Inc., (formerly known as AOG Air Support, Inc.), 6095 Airport
Way, Kelowna, British Columbia V1V 1S1; phone: (250) 491-7511; fax:
(25) 491-7522; Internet: http://www.stolairus.com. You may view this
referenced service information at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call (816) 329-4148. It is
also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-6628.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2016-
6628; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, FAA,
New York Aircraft Certification Office (ACO), 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590; telephone: (516) 287-7329; fax:
(516) 794-5531; email: aziz.ahmed@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

Transport Canada, which is the aviation authority for Canada, has
issued AD No. CF-2016-05, dated January 25, 2016 (referred to after
this as ``the MCAI''), to correct an unsafe condition for Viking Air
Limited Model DHC-3 airplanes that are modified with the Baron Short
Take Off and Landing (STOL) kit (Supplemental Type Certificate SA94-114
or SA 00287NY). The MCAI states (paraphrased):
The investigation of a fatal crash of a turbo-propeller powered
DHC-3 airplane modified with a Baron STOL kit determined that the
probable cause was a rearward shift in the center of gravity, which
resulted in a stall during takeoff. A center of gravity that is too far
aft can contribute to a stall during takeoff and may result in loss of
control during other phases of flight.
You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2016-6628.

Related Service Information Under 1 CFR Part 51

Stolarious Aviation Inc. has issued Flight Manual Supplement #4, de
Havilland DHC-3 Otter, Baron STOL Kit Installation, DOT STC # SA 94-
114/FAA STC # SA 00287NY, Revision 3, dated May 22, 2015. The service
information consists of a revision to the Baron STOL kit installation
flight manual supplement (FMS). This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section of the AD.

FAA's Determination and Requirements of the AD

This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because a
center of gravity that is too far aft could lead to a stall during
takeoff and loss of control during other phases of flight. Therefore,
we determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2016-6628; Directorate
Identifier 2016-CE-013-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

We estimate that this AD will affect 36 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 the AD on U.S.
operators to be $3,060, 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new AD: