[Federal Register Volume 81, Number 21 (Tuesday, February 2, 2016)]
[Rules and Regulations]
[Pages 5365-5367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01741]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 81, No. 21 / Tuesday, February 2, 2016 / 
Rules and Regulations

[[Page 5365]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3140; Directorate Identifier 2015-NM-063-AD; 
Amendment 39-18385; AD 2016-02-05]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model BD-100-1A10 (Challenger 300) airplanes. This AD 
was prompted by multiple reports of a short circuit between the heater 
element and the metal sheath of the pitot-static probe heater. This AD 
requires replacement of the left and right pitot-static probes with 
newly redesigned left and right pitot-static probes. We are issuing 
this AD to prevent degradation of the heating ability of the pitot-
static probe heater, resulting in erroneous airspeed indication during 
flight in icing conditions and consequent reduced controllability of 
the airplane.

DATES: This AD becomes effective March 8, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 8, 
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-3140; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    For service information identified in this final rule, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-855-7401; email: 
<a href="/cdn-cgi/l/email-protection#d5a1bdb1fbb6a7bf95b4b0a7bafbb7bab8b7b4a7b1bcb0a7fbb6bab8"><span class="__cf_email__" data-cfemail="4f3b272b612c3d250f2e2a3d20612d20222d2e3d2b262a3d612c2022">[email protected]</span></a>; Internet http://www.bombardier.com. You 
may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221. It 
is also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-3140.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer, 
Avionics and Services Branch, ANE-172, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone: 516-228-7301; fax: 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Bombardier, Inc. 
Model BD-100-1A10 (Challenger 300) airplanes. The NPRM published in the 
Federal Register on July 31, 2015 (80 FR 45617).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2015-04, dated March 
17, 2015 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Bombardier, Inc. Model BD-100-1A10 (Challenger 
300) airplanes. The MCAI states:

    There have been several reports where the pitot-static probe 
heater came on and remained on regardless of the heater control 
selected position. Investigation determined that the root cause is a 
short circuit between the heater element and the metal sheath. If 
not corrected, this condition may degrade the heating, resulting in 
erroneous Airspeed Indication when flying in icing condition [and 
consequent reduced controllability of the airplane].
    This [Canadian] AD mandates the replacement of the pitot-static 
probes with a redesigned probe which will prevent this failure mode.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-3140-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (80 FR 45617, July 31, 
2015) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (80 FR 45617, July 31, 2015) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (80 FR 45617, July 31, 2015).

Related Service Information Under 1 CFR Part 51

    Bombardier issued Service Bulletin 100-34-38, dated January 9, 
2014. The service information describes procedures for replacement of 
the left and right pitot-static probes with newly redesigned left and 
right pitot-static probes, part numbers 0856WC3 and 0856WC4 
respectively. 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.

Costs of Compliance

    We estimate that this AD affects 126 airplanes of U.S. registry.
    We also estimate that it will take about 12 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $13,468 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $1,825,488, or $14,488 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we

[[Page 5366]]

have included all costs in our cost estimate.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-3140; 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 Operations office (telephone: 800-
647-5527) is in the ADDRESSES section.

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 airworthiness 
directive (AD):

2016-02-05 Bombardier, Inc.: Amendment 39-18385. Docket No. FAA-
2015-3140; Directorate Identifier 2015-NM-063-AD.

(a) Effective Date

    This AD becomes effective March 8, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) airplanes, certificated in any category, serial 
numbers 20003 through 20500 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by multiple reports of a short circuit 
between the heater element and the metal sheath of the pitot-static 
probe heater. We are issuing this AD to prevent degradation of the 
heating ability of the pitot-static probe heater, resulting in 
erroneous airspeed indication during flight in icing conditions and 
consequent reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Replacement of Left and Right Pitot-Static Probes

    Within 24 months after the effective date of this AD, replace 
the left and right pitot-static probes with newly designed pitot-
static probes, part numbers (P/N) 0856WC3 and 0856WC4 respectively, 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 100-34-38, dated January 9, 2014.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
pitot-static probe, P/N 0856WC1 or 0856WC2, on any airplane.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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 New York ACO, send it to ATTN: Program Manager, 
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7300; fax: 
516-794-5531. 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. The AMOC approval letter must 
specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO, 
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian AD CF-2015-04, dated March 17, 2015, for related 
information. This MCAI may be found in the AD docket on the Internet 
at http://www.regulations.gov/#!documentDetail;D=FAA-2015-3140-0002.

(k) 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 this AD specifies otherwise.
    (i) Bombardier Service Bulletin 100-34-38, dated January 9, 
2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-
855-7401; email: <a href="/cdn-cgi/l/email-protection#47332f236924352d07262235286925282a252635232e22356924282a"><span class="__cf_email__" data-cfemail="bbcfd3df95d8c9d1fbdadec9d495d9d4d6d9dac9dfd2dec995d8d4d6">[email protected]</span></a>; Internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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.


[[Page 5367]]


    Issued in Renton, Washington, on January 20, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-01741 Filed 2-1-16; 8:45 am]
 BILLING CODE 4910-13-P


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