[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Proposed Rules]
[Pages 50880-50883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20223]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0582; Directorate Identifier 2014-NM-065-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-03-
05, for certain Bombardier, Inc. Model BD-700-1A10 airplanes. AD 2014-
03-05 currently requires modification of the air data probes and 
sensors. Since we issued AD 2014-03-05, we have determined that 
additional airplanes are affected by the unsafe condition. This 
proposed AD would add airplanes to the applicability. We are proposing 
this AD to detect and correct an unannunciated failure of two pitot 
static probe heaters, which could affect controllability of the 
airplane in icing conditions.

DATES: We must receive comments on this proposed AD by October 10, 
2014.

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.

[[Page 50881]]

     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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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 
[email protected]; 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.

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-2014-
0582; 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 
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: Assata Dessaline, Aerospace Engineer, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7301; 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-2014-0582; 
Directorate Identifier 2014-NM-065-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 based on 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

    On January 22, 2014, we issued AD 2014-03-05, Amendment 39-17742 
(79 FR 10331, February 25, 2014). AD 2014-03-05 requires actions 
intended to address an unsafe condition on certain Bombardier, Inc. 
Model BD-700-1A10 airplanes.
    Since we issued AD 2014-03-05, Amendment 39-17742 (79 FR 10331, 
February 25, 2014), we have determined that airplanes have been 
inadvertently omitted from the applicability; there are additional 
airplanes that are on the FAA supplemental type certificate, but not 
the Canadian supplemental type certificate, that are subject to the 
unsafe condition. For airplanes equipped with any electrical wiring 
heater current/brake temperature monitor unit (HBMU) installed in 
accordance with any FAA supplemental type certificate specified in 
table 2 of paragraph 1.A., ``Effectivity,'' of Bombardier Service 
Bulletin 700-30-021, Revision 01, dated November 21, 2012, the 
modification of the air data probes and sensors must be done to address 
the unsafe condition. We have coordinated this issue with Transport 
Canada Civil Aviation.

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

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the actions must be accomplished using a method

[[Page 50882]]

approved by the FAA, Transport Canada Civil Aviation (TCCA), or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DAO, the approval must include the DAO-authorized 
signature. The DAO signature indicates that the data and information 
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.

Costs of Compliance

    We estimate that this proposed AD affects 79 airplanes of U.S. 
registry.
    The actions that are required by AD 2014-03-05, Amendment 39-17742 
(79 FR 10331, February 25, 2014), and retained in this proposed AD take 
about 35 work-hours per product, at an average labor rate of $85 per 
work-hour. Required parts cost about $0 per product. Based on these 
figures, the estimated cost of the actions that were required by AD 
2014-03-05 is $2,975 per product.
    We also estimate that it would take about 35 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $235,025, or $2,975 per product.
    According to the manufacturer, some of the costs of this proposed 
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 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 proposed 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);
    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.

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

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 removing Airworthiness Directive (AD) 
AD 2014-03-05, Amendment 39-17742 (79 FR 10331, February 25, 2014), and 
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2014-0582; Directorate Identifier 
2014-NM-065-AD.

(a) Comments Due Date

    We must receive comments by October 10, 2014.

(b) Affected ADs

    This AD replaces AD 2014-03-05, Amendment 39-17742 (79 FR 10331, 
February 25, 2014).

(c) Applicability

    (1) This AD applies to Bombardier, Inc. Model BD-700-1A10 
airplanes, certificated in any category, equipped with any 
electrical wiring heater current/brake temperature monitor unit 
(HBMU) installed in accordance with any FAA supplemental type 
certificate specified in table 1 and table 2 of paragraph 1.A., 
``Effectivity,'' of Bombardier Service Bulletin 700-30-021, Revision 
01, dated November 21, 2012.
    (2) For airplanes on which the applicable service request for 
product support action (SRPSA) specified in table 3 and table 4 of 
paragraph 1.A., ``Effectivity,'' of Bombardier Service Bulletin 700-
30-021, Revision 01, dated November 21, 2012, has been incorporated, 
the requirements of this AD have been met.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain 
Protection.

(e) Reason

    This AD was prompted by a report that the manufacturer has 
determined that some completion centers used the HBMU logic circuit 
to control the line voltage of the drain mast heaters. This same 
logic circuit is also used to control the line voltage of the number 
2 pitot static (PS) probe heater. Since the drain mast heaters are 
connected in parallel with the number 2 PS probe heater circuit, a 
number 2 PS probe heater failure may not be detected by the fault 
monitoring capabilities of the HBMU. We are issuing this AD to 
detect and correct an unannunciated failure of two PS probe heaters, 
which could affect controllability of the airplane in icing 
conditions.

(f) Compliance

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

(g) Retained Modification

    This paragraph restates the requirements of paragraph (g) of AD 
2014-03-05,

[[Page 50883]]

Amendment 39-17742 (79 FR 10331, February 25, 2014). For airplanes 
equipped with any electrical wiring HBMU installed in accordance 
with any FAA supplemental type certificate specified in table 1 of 
paragraph 1.A., ``Effectivity,'' of Bombardier Service Bulletin 700-
30-021, Revision 01, dated November 21, 2012: Within 800 flight 
hours or 15 months after April 1, 2014 (the effective date of AD 
2014-03-05), whichever occurs first, modify the air data probes and 
sensors, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 700-30-021, Revision 01, dated November 
21, 2012.

(h) New Modification

    For airplanes equipped with any electrical wiring HBMU installed 
in accordance with any FAA supplemental type certificate specified 
in table 2 of paragraph 1.A., ``Effectivity,'' of Bombardier Service 
Bulletin 700-30-021, Revision 01, dated November 21, 2012: Within 
800 flight hours or 15 months after the effective date of this AD, 
whichever occurs first, modify the air data probes and sensors, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 700-30-021, Revision 01, dated November 21, 2012.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) or (h) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 700-30-
021, dated August 28, 2012, which is not incorporated by reference 
in this AD.

(j) 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 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, Engine and Propeller Directorate, 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2012-32, dated December 
13, 2012, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0582.
    (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; email [email protected]; Internet http://www.bombardier.com. 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.

    Issued in Renton, Washington, on August 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-20223 Filed 8-25-14; 8:45 am]
BILLING CODE 4910-13-P