[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Rules and Regulations]
[Pages 88619-88621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28602]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7267; Directorate Identifier 2016-NM-015-AD; 
Amendment 39-18723; AD 2016-24-06]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8-102, -103, and -106 airplanes, Model DHC-
8-200 series airplanes, and Model DHC-8-300 series airplanes. This AD 
was prompted by several occurrences of loss of airspeed data on both 
pilot and co-pilot air speed indicators due to the accumulation of ice 
on the pitot probes caused by inoperative pitot probe heaters. This AD 
requires replacing the existing circuit breakers in the pitot heater 
system. We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective January 12, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 12, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt 
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone: 416-375-4000; 
fax: 416-375-4539; 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. It is also available on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2016-7267.

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-
7267; 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 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 20590.

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 DHC-8-102, -103, and -106 airplanes, Model DHC-8-200 series 
airplanes, and Model DHC-8-300 series airplanes. The NPRM published in 
the Federal Register on June 28, 2016 (81 FR 41897) (``the NPRM'').
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2016-04, dated February 
1, 2016 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Bombardier, Inc. Model DHC-8-102, -103, and -106 
airplanes, Model DHC-8-200 series airplanes, and Model DHC-8-300 series 
airplanes. The MCAI states:


[[Page 88620]]


    There have been several occurrences of loss of airspeed data on 
both pilot and co-pilot Airspeed Indicators (ASI) due to the 
accumulation of ice on the pitot probes. Subsequent investigation 
revealed that the build up of ice on the pitot probes was due to 
inoperative pitot probe heaters. When flying in heavy 
precipitations, the increased heat required by the pitot probe to 
clear ice build up may result in a current demand in excess of the 
trip point of the associated circuit breakers (CB). Under this 
condition, the CB may trip and cut power supply to the heater. If 
not corrected, the loss of airspeed data may result in the crew not 
being able to control the aeroplane's airspeed.
    This [Canadian] AD is issued to mandate the replacement of the 
existing CBs with CBs that have higher trip points.

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-2016-
7267.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment. The Airline Pilots Association, 
International, stated that it supported the NPRM.

Request To Revise the Cost of Compliance

    Bombardier, Inc. requested that we correct the cost of the pitot 
heaters. Bombardier, Inc. stated that we provided the cost of left-hand 
pitot heater ($1,194), but not the right-hand pitot heater. Bombardier 
Inc. stated that the cost of the right-hand pitot heater is $1,155.
    We agree with the commenter's request for the reasons provided. We 
have revised this AD accordingly.

Request To Revise the Requirements in the NPRM

    Bombardier, Inc. requested that we omit the phrase ``in 
production'' in the first sentence of paragraph (h) of the proposed AD. 
Bombardier, Inc. stated that ModSum IS8Q3000004 was incorporated in 
service.
    We agree with the commenter for the reason stated above. We have 
revised this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Service Bulletin 8-30-39, dated November 11, 
2015, and Bombardier Service Bulletin 8-30-40, dated November 11, 2015. 
The service information describes procedures for replacing the existing 
circuit breakers in both the left and right sides of the pitot heater 
system with circuit breakers that have higher trip points. These 
documents are distinct since they apply to different sides of the 
airplane. 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 83 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement (Left-hand pitot)......  20 work-hours x $85 per              $1,194          $2,894        $240,202
                                      hour = $1,700.
Replacement (Right-hand pitot).....  20 work-hours x $85 per               1,155           2,855         236,965
                                      hour = $1,700.
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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.

[[Page 88621]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2016-24-06 Bombardier, Inc.: Amendment 39-18723; Docket No. FAA-
2016-7267; Directorate Identifier 2016-NM-015-AD.

(a) Effective Date

    This AD is effective January 12, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 airplanes, certificated in any 
category, serial numbers 003 through 672 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Reason

    This AD was prompted by several occurrences of loss of airspeed 
data on both pilot and co-pilot air speed indicators due to the 
accumulation of ice on the pitot probes. An investigation revealed 
that the accumulation of ice was due to inoperative pitot probe 
heaters. We are issuing this AD to prevent circuit breakers from 
tripping and cutting power supply to the pitot probe heater, which 
could cause loss of airspeed data and result in the flight crew not 
being able to control the airspeed of the airplane.

(f) Compliance

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

(g) Replacement

    Except as provided by paragraph (h) of this AD, within 5,000 
flight hours or 60 months after the effective date of this AD, 
whichever occurs first: Replace the existing circuit breakers in 
both the left and right side of the pitot heater system with circuit 
breakers that have higher trip points, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-30-39, 
dated November 11, 2015 (for the right side), and Bombardier Service 
Bulletin 8-30-40, dated November 11, 2015 (for the left side).

(h) Airplanes That Meet the Requirements of Paragraph (g) of This AD

    For airplanes on which Bombardier ModSum IS8Q3000004 has been 
incorporated, no action is required by paragraph (g) of this AD.

(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-2016-04, dated February 1, 2016, 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-2016-7267.

(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 8-30-39, dated November 11, 
2015.
    (ii) Bombardier Service Bulletin 8-30-40, dated November 11, 
2015.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt 
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone: 416-375-
4000; fax: 416-375-4539; email: [email protected]; 
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.

    Issued in Renton, Washington, on November 16, 2016.
Phil Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-28602 Filed 12-7-16; 8:45 am]
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