Airworthiness Directives; Viking Air Limited Airplanes

[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Rules and Regulations]
[Pages 29125-29127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10928]


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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.

[[Page 29126]]


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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: [email protected].

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.

[[Page 29127]]

    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

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 AD:

2016-10-03 Viking Air Limited: Amendment 39-18514 Docket No. FAA-
2016-6628; Directorate Identifier 2016-CE-013-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 31, 
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Viking Air Limited Model DHC-3 airplanes, all 
serial numbers, that are:
    (1) Modified with the Baron Short Take Off and Landing (STOL) 
kit (Supplemental Type Certificate SA94-114 or SA 00287NY); and
    (2) certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 8: Leveling and 
Weighing.

(e) Reason

    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 an accident 
report that indicated that the center of gravity was too far aft and 
contributed to a stall during takeoff. We are issuing this AD to 
correct the center of gravity and prevent such a stall during 
takeoff and loss of control during other phases of flight.

 (f) Actions and Compliance

    Unless already done, within 30 days after May 31, 2016 (the 
effective date of this AD), remove whichever previous revision of 
the Otter Baron short take-off and landing (STOL) kit installation 
flight manual supplement (FMS) that is currently being used and 
incorporate Stolairus Aviation Inc. Flight Manual Supplement #4 for 
de Havilland DHC-3 Otter with the Baron STOL Kit Installation, 
Revision 3, dated May 22, 2015. This action may be performed by the 
owner/operator (pilot) holding at least a private pilot certificate 
and must be entered into the aircraft records showing compliance 
with this AD in accordance with 14 CFR 43.9 (a)(1)(4) and 14 CFR 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.173 or 135.439.

(g) Other FAA AD Provisions

    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: 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: [email protected]. 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.

 (h) Related Information

    Refer to MCAI Transport Canada AD CF-2016-05, dated January 25, 
2016, for related information. You may examine the MCAI on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-6628.

 (i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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) Stolairus Aviation Inc., Flight Manual Supplement #4, de 
Havilland DHC-3 Otter, Baron STOL Kit Installation, DOT STC # SA 94-
114/FAA STC # SA 00287 NY, Revision 3, dated May 22, 2015.
    (ii) Reserved.
    (3) For Stolairus Aviation Inc. 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.
    (4) You may view this 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 locating Docket No. FAA-2016-
6628.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on May 4, 2016.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-10928 Filed 5-10-16; 8:45 am]
 BILLING CODE 4910-13-P

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