Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10 (Challenger 300) Airplanes, 65401-65403 [E9-29377]

Download as PDF Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations found in 14 CFR 39.19. Send information to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 227–2125; fax (425) 227–1149. 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. Related Information (k) European Aviation Safety Agency Airworthiness Directive 2006–0201, dated 65401 July 11, 2006, also addresses the subject of this AD. Material Incorporated by Reference (l) You must use the applicable service information contained in Table 1 of this AD to do the actions required by this AD, unless the AD specifies otherwise. TABLE 1—ALL MATERIAL INCORPORATED BY REFERENCE Document Issue Airbus A300–600 ALS Part 5—Fuel Airworthiness Limitations ........................ Airbus A300–600 Fuel Airworthiness Limitations, Document 95A.1929/05 ...... Airbus A300–600 Fuel Airworthiness Limitations, Document 95A.1929/05 ...... Original ................................................ 1 .......................................................... 2 .......................................................... (1) The Director of the Federal Register approved the incorporation by reference of the service information contained in Table 2 Date May 31, 2006. December 19, 2005. May 16, 2007. of this AD under 5 U.S.C. 552(a) and 1 CFR part 51. TABLE 2—NEW MATERIAL INCORPORATED BY REFERENCE Document Issue Airbus A300–600 Fuel Airworthiness Limitations, Document 95A.1929/05 ...... 2 .......................................................... (2) The Director of the Federal Register previously approved the incorporation by reference of the service information Date May 16, 2007. contained in Table 3 of this AD on June 27, 2007 (72 FR 28827, May 23, 2007). TABLE 3—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE Document Issue Airbus A300–600 ALS Part 5—Fuel Airworthiness Limitations ........................ Airbus A300–600 Fuel Airworthiness Limitations, Document 95A.1929/05 ...... Original ................................................ 1 .......................................................... mstockstill on DSKH9S0YB1PROD with RULES (3) For service information identified in this AD, contact Airbus SAS—EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// www.airbus.com. (4) 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. (5) 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 2, 2009. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–29376 Filed 12–9–09; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 16:49 Dec 09, 2009 Jkt 220001 Date May 31, 2006. December 19, 2005. DEPARTMENT OF TRANSPORTATION product. The MCAI describes the unsafe condition as: Federal Aviation Administration 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. 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. 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 * * * * * 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. E:\FR\FM\10DER1.SGM 10DER1 65402 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations 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 mstockstill on DSKH9S0YB1PROD with RULES 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 VerDate Nov<24>2008 16:49 Dec 09, 2009 Jkt 220001 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations 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 PART 39—AIRWORTHINESS DIRECTIVES FAA AD Differences 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. The FAA amends § 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. mstockstill on DSKH9S0YB1PROD with RULES 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: VerDate Nov<24>2008 16:49 Dec 09, 2009 Jkt 220001 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 lefthand 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. Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: ■ § 39.13 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. 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 65403 (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 ˆ this AD, contact Bombardier, Inc., 400 Cote ´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; e-mail thd.crj@aero.bombardier.com; 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0682; Directorate Identifier 2008–NM–200–AD; Amendment 39–16131; AD 2009–25–11] RIN 2120–AA64 Airworthiness Directives; Boeing Model 747–100, 747–100B, 747–100B SUD, 747–200B, 747–300, 747–400, 747SR, and 747SP Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. E:\FR\FM\10DER1.SGM 10DER1

Agencies

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


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

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.

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

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 thd.crj@aero.bombardier.com; 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