AD 2006-12-04

[Federal Register Volume 71, Number 108 (Tuesday, June 6, 2006)]
[Rules and Regulations]
[Pages 32434-32436]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 06-5119]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24966; Directorate Identifier 2006-NM-049-AD; 
Amendment 39-14629; AD 2006-12-04]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited Model DHC-7 
Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Viking Air Limited Model DHC-7 airplanes. This AD requires 
revising the FAA-approved Airworthiness Limitations section of the 
airplane maintenance manual to prohibit operation of the airplane past 
its designed life limit for the primary structure, which is 80,000 
total flight cycles. This AD also requires contacting the FAA for 
approval of analysis that substantiates that the airplane is safe to 
continue operation beyond the designed life limit. This AD results from 
a report that the designed life limit for the primary structure for the 
affected airplanes is 80,000 total flight cycles. We are issuing this 
AD to prevent continued operation of an airplane beyond its designed 
life limit for the primary structure, which could result in reduced 
structural integrity of the airplane.

DATES: This AD becomes effective June 21, 2006.
    We must receive comments on this AD by August 7, 2006.

[[Page 32435]]


ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
    <bullet> DOT Docket Web site: Go to <a href="http://dms.dot.gov">http://dms.dot.gov</a> and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: George Duckett, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 228-7325; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
certain Viking Air Limited Model DHC-7 airplanes. TCCA advises that the 
designed life limit for the primary structure for the affected 
airplanes is 80,000 total flight cycles. TCCA states that the 
operator's approved maintenance schedule should be revised to prohibit 
operators from flying the airplane after it reaches its design goal, 
unless the operator complies with further inspections and/or 
modifications. Continued operation of an airplane beyond its designed 
life limit for the primary structure, if not corrected, could result in 
reduced structural integrity of the airplane.
    TCAA issued Canadian airworthiness directive CF-2005-36, dated 
September 28, 2005, to ensure the continued airworthiness of these 
airplanes in Canada.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the TCCA has kept the FAA informed 
of the situation described above. We have examined the TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD, which would require revising the 
Airworthiness Limitations section of the Bombardier DHC-7 Dash 7 
maintenance manual and the Dash 7 Series 150 maintenance manual to 
prohibit operation of the airplane past its designed life limit for the 
primary structure, which is 80,000 total flight cycles. This AD also 
requires contacting the FAA for approval to continue operation beyond 
the designed life limit.

Differences Between This AD and the Canadian Airworthiness Directive

    The Canadian airworthiness directive specifies that operators 
should ground airplanes that have reached the designed life limit until 
operators provide data to substantiate compliance with Canadian 
Airworthiness Regulation CAR 511.34. This AD requires that operators 
contact the FAA to substantiate continued safe operation beyond the 
designed life limit of 80,000 total flight cycles.

Costs of Compliance

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes affected by this AD are currently operated by 
non-U.S. operators under foreign registry; therefore, they are not 
directly affected by this AD action. However, we consider this AD 
necessary to ensure that the unsafe condition is addressed if any 
affected airplane is imported and placed on the U.S. Register in the 
future.
    If an affected airplane is imported and placed on the U.S. Register 
in the future, the required AMM revision will take about 1 work hour 
per airplane at an average labor rate of $80 per work hour. Based on 
these figures, the cost of the AMM revision for U.S. operators will be 
$80 per airplane. We recognize that this AD may impose certain 
additional operational costs. However, we cannot calculate those costs 
because we cannot predict the extent of any necessary repairs to ensure 
the continued airworthiness of the affected airplanes.

FAA's Determination of the Effective Date

    No airplane affected by this AD is currently on the U.S. Register. 
Therefore, providing notice and opportunity for public comment is 
unnecessary before this AD is issued, and this AD may be made effective 
in less than 30 days after it is published in the Federal Register.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
24966; Directorate Identifier 2006-NM-049-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to <a href="http://dms.dot.gov">http://dms.dot.gov</a>, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that Web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
<a href="http://dms.dot.gov">http://dms.dot.gov</a>.

Examining the Docket

    You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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

[[Page 32436]]

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 have 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 the 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 AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-12-04 Viking Air Limited (Formerly Bombardier, Inc.): Amendment 
39-14629. Docket No. FAA-2006-24966; Directorate Identifier 2006-NM-
049-AD.

Effective Date

    (a) This AD becomes effective June 21, 2006.

Affected ADs

    (b) None

Applicability

    (c) This AD applies to Viking Air Limited Model DHC-7-1, DHC-7-
100, DHC-7-101, DHC-7-102, and DHC-7-103 airplanes, certificated in 
any category; except airplanes having serial numbers 3 through 10 
inclusive, 12 through 14 inclusive, and 16 through 27 inclusive.

Unsafe Condition

    (d) This AD results from a report that the designed life limit 
for the primary structure for the affected airplanes is 80,000 total 
flight cycles. We are issuing this AD to prevent continued operation 
of an airplane beyond its designed life limit for the primary 
structure, which could result in reduced structural integrity of the 
airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Airworthiness Limitations Revision

    (f) Within 30 days after the effective date of this AD: Revise 
the FAA-approved Airworthiness Limitations section (ALS) of the 
Bombardier DHC-7 Dash 7 maintenance manual and the Dash 7 Series 150 
maintenance manual to state the following (this may be done by 
inserting a copy of this AD into the ALS). Thereafter, maintain the 
airplane in accordance with the limitations specified in these 
maintenance manual revisions:
    ``Do not operate the airplane beyond 80,000 total flight 
cycles.''
    (g) When the statement specified in paragraph (f) of this AD has 
been included in the general revisions of the ALS, the general 
revisions may be incorporated into the ALS and the copy of the AD 
may be removed from the ALS.
    (h) The airworthiness limitation specified in paragraph (f) of 
this AD may be removed from the maintenance manuals specified in 
paragraph (f) of this AD after the Manager, New York Aircraft 
Certification Office (ACO), FAA, approves analysis that 
substantiates continued safe operation beyond the designed life 
limit of 80,000 total flight cycles.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, New York ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested in accordance with the 
procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) Canadian airworthiness directive CF-2005-36, dated September 
28, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) None.

    Issued in Renton, Washington, on May 31, 2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5119 Filed 6-5-06; 8:45 am]
BILLING CODE 4910-13-P