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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1420; Project Identifier AD-2022-01303-A;
Amendment 39-22240; AD 2022-21-51]
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; request for comments.
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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.) Model DHC-3 airplanes. This AD was prompted by
multiple recent reports of cracks in the left-hand elevator auxiliary
spar. This AD requires repetitive detailed visual inspections of the
entire left-hand elevator auxiliary spar for cracks, corrosion, and
previous repairs, and depending on the findings, replacement of the
left-hand elevator auxiliary spar. This AD also requires sending the
inspection results to the FAA. The FAA previously sent an emergency AD
to all known U.S. owners and operators of these airplanes and is now
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective December 1, 2022. Emergency AD 2022-21-51,
issued on October 4, 2022, which contained the requirements of this
amendment, was effective with actual notice.
The FAA must receive comments on this AD by January 3, 2023.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-1420; 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, any
comments received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: James Delisio, Continued Operational
Safety Program Manager, COS Program Management Section, Operational
Safety Branch, FAA, 1600 Stewart Avenue, Westbury, NY 11590; phone:
(516) 228-7300; email: 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2022, the FAA issued Emergency AD 2022-21-51 (the
emergency AD), which requires repetitive detailed visual inspections of
the entire left-hand elevator auxiliary spar for cracks, corrosion, and
previous repairs, and depending on the findings, replacement of the
left-hand elevator auxiliary spar, and sending the inspection results
to the FAA. The FAA sent the emergency AD to all known U.S. owners and
operators of these airplanes. This action was prompted by multiple
recent reports of cracks in the left-hand elevator auxiliary spar. The
FAA's analysis of these reports indicates that immediate AD action is
warranted. The FAA is issuing this AD to detect and address cracks,
corrosion, and previous repairs to the left-hand elevator auxiliary
spar. This condition, if not addressed, could result in elevator
flutter leading to elevator failure, with consequent loss of control of
the airplane. The FAA has coordinated this issue with Transport Canada,
which is the aviation authority for Canada. Transport Canada issued AD
CF-2018-04, dated January 19, 2018 (Transport Canada AD CF-2018-04),
which includes a requirement for inspecting elevator assemblies for
corrosion.
The FAA issued a notice of proposed rulemaking that published in
the Federal Register on February 8, 2022 (87 FR 7059) in response to
Transport Canada AD CF-2018-04, and is currently addressing comments.
As an interim action, the FAA issued the emergency AD, as a result of
the recent reports, to mandate an inspection of the left-hand elevator
auxiliary spar and replacement if necessary.
FAA's Determination
The FAA is issuing this AD because the agency has determined that
an unsafe condition is likely to exist or develop in other products of
the same type design.
AD Requirements
This AD requires repetitive detailed visual inspections of the
entire left-hand elevator auxiliary spar for cracks, corrosion, and
previous repairs, and depending on the findings, replacement of the
left-hand elevator auxiliary spar. This AD also requires sending the
inspection results to the FAA.
Interim Action
The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that required the immediate adoption of
Emergency AD 2022-21-51, issued on October 4, 2022, to all known U.S.
owners and operators of these airplanes. The FAA found that the risk to
the flying public justified waiving notice and comment prior to
adoption of this rule because cracks in the left-hand elevator
auxiliary spar, if not addressed, could result in elevator flutter
leading to elevator failure, with consequent loss of control of the
airplane. Accordingly, the FAA determined that a detailed visual
inspection of the entire left-hand elevator auxiliary spar must be
performed immediately. These conditions still exist, therefore, notice
and opportunity for prior public comment are impracticable and contrary
to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1420; Project Identifier AD-
2022-01303-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to James
Delisio, Continued Operational Safety Program Manager, COS Program
Management Section, Operational Safety Branch, FAA, 1600 Stewart
Avenue, Westbury, NY 11590. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without prior notice and comment, RFA analysis is not
required.
Costs of Compliance
The FAA estimates that this AD affects 68 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
| Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
| Inspection |
2 work-hours x $85 per hour =
$170 |
Not Applicable |
$170 per inspection |
$11,560 per inspection |
| Reporting Requirement |
1 work-hour x $85 per hour =
$85 |
Not Applicable |
$85 per
inspection |
$5,780 per inspection |
The FAA estimates the following costs
to do any necessary
replacement that would be required based on the results of the
inspection to the left-hand elevator auxiliary spar. The agency has no
way of determining the number of airplanes that might need this
replacement:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Left-hand elevator auxiliary
spar replacement |
16 work-hours x $85 per hour
= $1360 |
$265
|
$1,625
|
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 be
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, and
(2) Will not affect intrastate aviation in Alaska.
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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