[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Proposed Rules]
[Pages 45617-45619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18686]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3140; Directorate Identifier 2015-NM-063-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 adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc. Model BD-100-1A10 (Challenger 300) airplanes. 
This proposed 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 proposed AD would require replacement of the left 
and right pitot-static probes with newly redesigned left and right 
pitot-static probes. We are proposing 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: We must receive comments on this proposed AD by September 14, 
2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 W12-140, 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-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 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 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:

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-2015-3140; 
Directorate Identifier 2015-NM-063-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

    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 by searching for and locating Docket No. FAA-2015-
3140.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier 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 of this 
NPRM.

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

[[Page 45618]]

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.

Costs of Compliance

    We estimate that this proposed AD affects 126 airplanes of U.S. 
registry.
    We also estimate that it would take about 12 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 
$13,468 per product. Based on these figures, we estimate the cost of 
this proposed 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 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 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 adding the following new airworthiness 
directive (AD):

Bombardier, Inc.: Docket No. FAA-2015-3140; Directorate Identifier 
2015-NM-063-AD.

(a) Comments Due Date

    We must receive comments by September 14, 2015.

(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

    (1) 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 by searching for and locating Docket 
No. FAA-2015-3140.
    (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.


[[Page 45619]]


    Issued in Renton, Washington, on July 23, 2015.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-18686 Filed 7-30-15; 8:45 am]
 BILLING CODE 4910-13-P