[Federal Register: August 19, 2008 (Volume 73, Number 161)]
[Proposed Rules]
[Page 48310-48311]
[DOCID:fr19au08-27]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0891; Directorate Identifier 2008-CE-046-AD]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited DHC-6 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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:

    Three instances have occurred in which the aircraft took off
with pre-mod 6/1676 flight control gust locks still installed,
sometimes with disastrous results.

Based on preliminary investigation, the FAA and National Transportation
Safety Board (NTSB) believe that an attempted takeoff with the gust
locks installed could be the cause of a recent accident in Hyannis,
Massachusetts. The proposed AD would require actions that are intended
to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 18,
2008.

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:<PHONE_NUMBER>.
     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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer,
FAA, New York Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax: (516) 794-
5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0891;
Directorate Identifier 2008-CE-046-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed 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 proposed AD.

Discussion

    Transport Canada, which is the aviation authority for Canada, has
issued AD No. CF-90-01, dated January 31, 1990 (referred to after this
as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Three instances have occurred in which the aircraft took off
with pre-mod 6/1676 flight control gust locks still installed,
sometimes with disastrous results.
    To minimize the possibility of an attempted take-off with the
gust locks inadvertently installed, and to reduce the possibility of
the aircraft becoming airborne should such a take-off be attempted,
accomplish the following:
    1. Incorporate de Havilland Modification 6/1676 which ensures
downward deflection of the elevators when the control locks are
engaged.
    2. Incorporate de Havilland Modification 6/1726 to add to the
control lock a warning flag which masks essential flight instruments
on the pilot's instrument panel.
    3. The modifications in paragraphs 1 and 2 above are to be
accomplished in accordance with de Havilland Service Bulletin 6/508
dated 15 December 1989, or later revisions approved by the Director,
Airworthiness Branch, Transport Canada, Ottawa.

Based on preliminary investigation, the FAA and NTSB believe that an
attempted takeoff with the gust locks installed could be the cause of a
recent accident in Hyannis, Massachusetts.

Relevant Service Information

    Boeing Canada de Havilland Division issued Service Bulletin No. 6/
508, Revision ``A'', dated January 31, 1990. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of the Proposed 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 proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Differences Between This Proposed 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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 42 products of U.S.
registry. We also estimate that it would take about 6 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $80 per work-hour. Required parts would cost
about $1,125 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S.

operators to be $67,410, or $1,605 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    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); 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:

Viking Air Limited: Docket No. FAA-2008-0891; Directorate Identifier
2008-CE-046-AD.

Comments Due Date

    (a) We must receive comments by September 18, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models DHC-6-1, DHC-6-100, DHC-6-200, and
DHC-6-300 airplanes, serial numbers (SNs) 1 through 696, that
    (1) have not had modifications 6/1676 and 6/1726 installed; and
    (2) are certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Three instances have occurred in which the aircraft took off
with pre-mod 6/1676 flight control gust locks still installed,
sometimes with disastrous results.
    To minimize the possibility of an attempted take-off with the
gust locks inadvertently installed, and to reduce the possibility of
the aircraft becoming airborne should such a take-off be attempted,
accomplish the following:
    1. Incorporate de Havilland Modification 6/1676 which ensures
downward deflection of the elevators when the control locks are
engaged.
    2. Incorporate de Havilland Modification 6/1726 to add to the
control lock a warning flag which masks essential flight instruments
on the pilot's instrument panel.
    3. The modifications in paragraphs 1 and 2 above are to be
accomplished in accordance with de Havilland Service Bulletin 6/508
dated 15 December 1989, or later revisions approved by the Director,
Airworthiness Branch, Transport Canada, Ottawa.

Based on preliminary investigation, the FAA and National
Transportation Safety Board believe that an attempted takeoff with
the gust locks installed could be the cause of a recent accident in
Hyannis, Massachusetts.

Actions and Compliance

    (f) Unless already done, within 6 calendar months after the
effective date of this AD, do the following actions using Boeing
Canada de Havilland Division Service Bulletin No. 6/508, Revision
``A'', dated January 31, 1990:
    (1) Incorporate de Havilland Modification 6/1676, which assures
downward deflection of the elevators when the control locks are
engaged.
    (2) Incorporate de Havilland Modification 6/1726, which adds to
the control lock a warning flag which masks essential flight
instruments on the pilot's instrument panel.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Fabio Buttitta, Aerospace Engineer, FAA, New
York Certification Office, 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (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

    (h) Refer to MCAI Transport Canada AD No. CF-90-01, dated
January 31, 1990; and Boeing Canada de Havilland Division Service
Bulletin No. 6/508, Revision ``A'', dated January 31, 1990, for
related information.

    Issued in Kansas City, Missouri, on August 12, 2008.
G. Wes Ryan,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-19165 Filed 8-18-08; 8:45 am]

BILLING CODE 4910-13-P