[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64368-64372]
[FR Doc No: 2023-20188]

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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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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:

     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:<PHONE_NUMBER>; 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<PHONE_NUMBER>. 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

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

on the number of employees or annual receipts.
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    \1\ Small Business Administration (SBA). 2022. Table of Size
Standards. Effective July 14, 2022. https://www.sba.gov/document/support-table-size-standards.
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    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.''
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    \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).
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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
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                                                                              Cost/
                   Firm                     No. A/C    Revenue      Cost     revenue     NAICS          Size standard               NAICS industry
                                                       ($1,000)   ($1,000)     (%)        code
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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  .........
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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.

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:<PHONE_NUMBER>; 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:<PHONE_NUMBER>; 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<PHONE_NUMBER>.
    (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


[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58404-58405]
[FR Doc No: 2011-24094]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9467-9]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the California Gulch
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces
the deletion of the remaining portions of Operable Unit 9 (OU9), the
Residential Populated Areas, of the California Gulch Superfund Site
(Site), located in Lake County, Colorado, from the National Priorities
List (NPL). The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). This partial
deletion pertains to the remaining portions of OU9. Operable units 1,
3, 4, 5, 6, 7, 11 and 12 will remain on the NPL and are not being
considered for deletion as part of this action. The EPA and the State
of Colorado, through the Colorado Department of Public Health and
Environment, have determined that all appropriate response actions
under CERCLA, other than operation, maintenance, and five-year reviews,
have been completed. However, the deletion of these parcels does not
preclude future actions under Superfund.

DATES: Effective Date: This action is effective September 21, 2011.

ADDRESSES: Information Repositories: EPA has established a docket for
this action under Docket Identification No. EPA-HQ-SFUND-1983-0002. All
documents in the docket are listed on the http://www.regulations.gov
Web site. Although listed in the index, some information is not
publicly available, i.e., Confidential Business Information or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the site information
repositories.

Locations, contacts, phone numbers and viewing hours are:
    U.S. EPA Region 8, Superfund Records Center, 1595 Wynkoop Street,
Denver, CO 80202.<PHONE_NUMBER> or toll free<PHONE_NUMBER>; Hours: 8
a.m. to 4:30 p.m., Monday through Friday, excluding holidays; and
    Lake County Public Library, 1115 Harrison Avenue, Leadville, CO
80461.<PHONE_NUMBER>: Hours: Monday and Wednesday 10 a.m. to 8 p.m.;
Tuesday & Thursday 10 a.m. to 5 p.m.; Friday & Saturday 1 p.m. to 5
p.m.; and
    Timberline Campus Library of Colorado Mountain College, 901 U.S.
Highway 24 South, Leadville, CO 80461.<PHONE_NUMBER>; Hours: Monday to
Thursday 8 a.m. to 9 p.m.; Friday 8 a.m. to 5 p.m.; Saturday 12 p.m. to
5 p.m.; and Sunday 12 p.m. to 8 p.m.

FOR FURTHER INFORMATION CONTACT: Linda Kiefer, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 8, Mailcode EPR-
SR, 1595 Wynkoop Street, Denver, CO 80202-1129,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from
the NPL is: the remaining portions of OU9 of the California Gulch
Superfund Site, located in Leadville, Lake County, Colorado. A Notice
of Intent for Partial Deletion for this Site was published in the
Federal Register on May 24, 2011 FR Doc No: 2011-12766.
    The closing date for comments on the Notice of Intent for Partial
Deletion was June 23, 2011. Three public comments were received: two
requesting continuation of the voluntary investigation/remediation
program and one recommending that, because OU12, Site-wide Water
Quality, is not ready for deletion, OU9 should not be deleted. The
deletion is still appropriate, because all appropriate response actions
have been completed, and the operable unit is in operations and
maintenance. The current operations and maintenance program, the Lake
County Community Health Program Phase 2, provides opportunities for
investigation and soil remediation, if the Program's Work Group
determines that lead in residential soil is contributing to an elevated
blood lead in a child or pregnant/nursing woman. Under current EPA
policy for partial deletion, one operable unit or environmental medium
can be deleted irrespective of the readiness for deletion of other
operable units or the site as a whole. A responsiveness summary was
prepared and placed in both the docket, EPA-HQ-SFUND-1983-002, on
http://www.regulations.gov, and in the local repositories listed above.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion of a site from the NPL does not preclude further remedial
action. Whenever there is a significant release from a site deleted
from the NPL, the deleted site may be restored to the NPL without
application of the hazard ranking system. Deletion of portions of a
site from the NPL does not affect responsible party liability, in the
unlikely event that future conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: September 13, 2011.
James B. Martin,
Regional Administrator, Region 8 .
    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR 1987 Comp., p. 193.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by revising the entry
``CO, California Gulch, Leadville'' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
               State                          Site name                 City/County              Notes (a)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CO.................................  California Gulch...........  Leadville.............  P

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be <= 28.50).
P = Sites with partial deletion(s).

[FR Doc. 2011-24094 Filed 9-20-11; 8:45 am]
BILLING CODE 6560-50-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request USEPA/ Office of Enforcement and Compliance Assurance 2. OMB control number b. G None a. 2060 0326 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NESHAP for Magnetic Tape Manufacturing Operations ( 40 CFR part 63, subpart EE)

8. Agency form number( s) ( If applicable) EPA ICR Number 1678.05 9. Keywords Environmental protection, air pollution control, Clean Air Act, magnetic tape manufacturing 10. Abstract The standard requires owners of new or modified/ reconstructed magnetic tape manufacturing operations to make reports and to keep records. Quarterly excess emission reports or semiannual compliance reports are required. The reports and records enable the Administrator to determine that maximum achievable control technology is achieved and properly operated and maintained.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 6 b. Total annual responses 17 1. Percentage of these responses collected electronically 10 % c. Total hours requested 3,395 d. Current OMB inventory 7,042 e. Difference ( 3,647) f. Explanation of difference 1. Program Change 2. Adjustment ( 3,647) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 11 b. Total annual costs ( O& M) $ 36 c. Total annualized cost requested $ 47 d. Current OMB inventory $ 89 e. Difference ($ 42) f. Explanation of difference 1. Program change 2. Adjustment ($ 42)

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. Program planning or management b. Program evaluation f. Research c. General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. X Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) Initial 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Leonard Lazarus Phone: 202 564 6369 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3):

( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Office of Enforcement and Compliance Assurance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95