[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65401-65403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29377]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1113; Directorate Identifier 2009-NM-238-AD; 
Amendment 39-16133; AD 2009-25-13]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. 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:

    There have been 3 reported occurrences of uncontrolled excessive 
heat from the left hand baggage bay sidewall heater, [part number] 
P/N 3436-06-1/0, that resulted in the affected sidewall heater 
panels sustaining heat discoloration and/or scorching of the liner 
material. The affected sidewall heater is equipped with a thermostat 
to regulate heating. These reported occurrences are the subject of 
further investigation. As a preventive measure, until such time as 
the cause of the occurrences have been determined, deactivation of 
the left hand baggage bay heater is necessary to avoid the potential 
for uncontrolled excessive heat by the heater panel, and on the 
baggage bay compartment, that could lead to flammability issues.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective December 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication as of December 28, 2009.

[[Page 65402]]

    We must receive comments on this AD by January 25, 2010.

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: (202) 493-2251.
     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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, 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 Operations office 
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. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Kyle Williams, Aerospace Engineer, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7347; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation, which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2009-38, 
dated October 15, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    There have been 3 reported occurrences of uncontrolled excessive 
heat from the left hand baggage bay sidewall heater, [part number] 
P/N 3436-06-1/0, that resulted in the affected sidewall heater 
panels sustaining heat discoloration and/or scorching of the liner 
material. The affected sidewall heater is equipped with a thermostat 
to regulate heating. These reported occurrences are the subject of 
further investigation. As a preventive measure, until such time as 
the cause of the occurrences have been determined, deactivation of 
the left hand baggage bay heater is necessary to avoid the potential 
for uncontrolled excessive heat by the heater panel, and on the 
baggage bay compartment, that could lead to flammability issues.
    The affected left hand baggage bay sidewall heater, P/N 3436-06-
1/0 is part of the Model BD-100-1A10 aeroplane interior installation 
approved under Transport Canada Supplemental Type Certificate SA04-
112.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued Service Bulletin A100-25-30, dated July 20, 
2009. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This 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 the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 required 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 AD.

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 there 
have been three reported occurrences of uncontrolled excessive heat 
from the left-hand baggage bay sidewall heater, P/N 3436-06-1/0, that 
resulted in the affected sidewall heater panels sustaining heat 
discoloration or scorching of the liner material. The affected sidewall 
heater is equipped with a thermostat to regulate heating. There is high 
potential for uncontrolled excessive heating by the heater panel and on 
the baggage bay compartment, which could lead to flammability issues. 
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-2009-1113; Directorate 
Identifier 2009-NM-238-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.

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

[[Page 65403]]

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 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); 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 FAA amends Sec.  39.13 by adding the following new AD:

2009-25-13 Bombardier, Inc. (Formerly Avro International Aerospace 
Division; British Aerospace, PLC; British Aerospace Commercial 
Aircraft Limited; British Aerospace (England)): Amendment 39-16133. 
Docket No. FAA-2009-1113; Directorate Identifier 2009-NM-238-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
28, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) airplanes, certificated in any category; equipped 
with sidewall heater having part number (P/N) 3436-06-1/0.

Subject

    (d) Air Transport Association (ATA) of America Code 25: 
Equipment/Furnishings.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    There have been 3 reported occurrences of uncontrolled excessive 
heat from the left hand baggage bay sidewall heater, [part number] 
P/N 3436-06-1/0, that resulted in the affected sidewall heater 
panels sustaining heat discoloration and/or scorching of the liner 
material. The affected sidewall heater is equipped with a thermostat 
to regulate heating. These reported occurrences are the subject of 
further investigation. As a preventive measure, until such time as 
the cause of the occurrences have been determined, deactivation of 
the left hand baggage bay heater is necessary to avoid the potential 
for uncontrolled excessive heat by the heater panel, and on the 
baggage bay compartment, that could lead to flammability issues.
    The affected left hand baggage bay sidewall heater, P/N 3436-06-
1/0 is part of the Model BD-100-1A10 aeroplane interior installation 
approved under Transport Canada Supplemental Type Certificate SA04-
112.

Compliance

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

Actions

    (g) Within 100 flight hours after the effective date of this AD, 
deactivate the left-hand baggage bay sidewall heater having part 
number (P/N) 3436-06-1/0, in accordance with Bombardier Service 
Bulletin A100-25-30, dated July 20, 2009.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, ANE-170, 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: Program Manager, 
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart 
Avenue, Suite 410, Westbury, New York, 11590; telephone 516-228-
7300; fax 516-794-5531. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.
    (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

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-38, 
dated October 15, 2009; and Bombardier Service Bulletin A100-25-30, 
dated July 20, 2009; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin A100-25-30, dated 
July 20, 2009, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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; e-mail [email protected]; Internet http://www.bombardier.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 1, 2009.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-29377 Filed 12-9-09; 8:45 am]
BILLING CODE 4910-13-P