Rule2024-05499
Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 14, 2024
Effective
March 29, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all ATR-GIE Avions de Transport R[eacute]gional Model ATR42 and ATR72 airplanes. This AD was prompted by a report of incorrect marking and assembly of the two-way valves for the left- and right-hand engine fire extinguishing systems. This AD requires accomplishing a functional check of an affected part; replacing an affected part if necessary; reporting the functional check results; and prohibiting the installation of affected parts; as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 51 (Thursday, March 14, 2024)</title>
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[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Rules and Regulations]
[Pages 18534-18537]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05499]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0458; Project Identifier MCAI-2024-00117-T;
Amendment 39-22696; AD 2024-05-05]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
ATR-GIE Avions de Transport R[eacute]gional Model ATR42 and ATR72
airplanes. This AD was prompted by a report of incorrect marking and
assembly of the two-way valves for the left- and right-hand engine fire
extinguishing systems. This AD requires accomplishing a functional
check of an affected part; replacing an affected part if necessary;
reporting the functional check results; and prohibiting the
installation of affected parts; as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective March 29, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 29,
2024.
The FAA must receive comments on this AD by April 29, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0458; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#e0a1a493a085819381ce8595928f9081ce8595"><span class="__cf_email__" data-cfemail="3071744370555143511e5545425f40511e5545">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0458.
FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone: 206-231-3220; email: <a href="/cdn-cgi/l/email-protection#e5b68d848d978488cba1848b80968d88848b818ca5838484cb828a93"><span class="__cf_email__" data-cfemail="d083b8b1b8a2b1bdfe94b1beb5a3b8bdb1beb4b990b6b1b1feb7bfa6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2024-0458; Project Identifier MCAI-
2024-00117-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Shahram
Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone: 206-231-3220; email:
<a href="/cdn-cgi/l/email-protection#27744f464f55464a0963464942544f4a4649434e6741464609404851"><span class="__cf_email__" data-cfemail="fead969f968c9f93d0ba9f909b8d96939f909a97be989f9fd0999188">[email protected]</span></a>. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
[[Page 18535]]
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2024-0044-E, dated
February 15, 2024 (EASA Emergency AD 2024-0044-E) (also referred to as
the MCAI), to correct an unsafe condition for all Model ATR42-200, -
300, -320, -400, and -500 airplanes; and Model ATR72-101, -102, 201, -
202, -211, -212, and -212A airplanes. Model ATR72-400 airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability. The MCAI states that, during scheduled
maintenance, an operator identified an issue on the left- and right-
hand engine fire extinguishing systems. Further investigation revealed
incorrect marking and assembly of the two-way valves, which caused the
fire extinguishing system to not operate as intended. This condition,
if not detected and corrected, could lead to reduced performance of the
engine fire extinguishing system, which could result in loss of control
of the airplane.
The FAA is issuing this AD to address the unsafe condition on these
products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0458.
Related Service Information Under 1 CFR Part 51
EASA Emergency AD 2024-0044-E specifies the following procedures:
<bullet> Accomplishing a functional check of an affected part.
<bullet> Replacing an affected part with a serviceable part, if any
discrepancy is detected during the functional check. (A discrepancy is
any amount of air that flows through either connector of the right
engine extinguishing system when compressed air is passed through
either connector of the left engine extinguishing system, and vice
versa).
<bullet> Reporting inspection (i.e., functional check) results to
the airplane manufacturer.
<bullet> Prohibiting the installation of affected parts.
This material 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.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA
Emergency AD 2024-0044-E described previously, except for any
differences identified as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA Emergency AD 2024-0044-E is incorporated by reference in this AD.
This AD requires compliance with EASA AD 2024-0044-E in its entirety
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this AD. Using common terms that
are the same as the heading of a particular section in EASA Emergency
AD 2024-0044-E does not mean that operators need comply only with that
section. For example, where the AD requirement refers to ``all required
actions and compliance times,'' compliance with this AD requirement is
not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in EASA Emergency AD 2024-0044-E. Service information
required by EASA Emergency AD 2024-0044-E for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0458 after this
AD is published.
Interim Action
The FAA considers this AD an interim action. If final action is
later identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because inoperative two-way valves in the engine fire extinguishing
system could lead to reduced performance of the system, which in
combination with an engine fire, could result in an uncontrolled engine
fire and subsequent loss of control of the airplane. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 80 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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5 work-hours x $85 per hour = $425........................... $0 $425 $34,000
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[[Page 18536]]
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition actions:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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8 work-hours x $85 per hour = $680.... $0 $680
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According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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.
The FAA is 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
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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2024-05-05 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-22696; Docket No. FAA-2024-0458; Project Identifier MCAI-2024-
00117-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 29, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all ATR-GIE Avions de Transport
R[eacute]gional airplanes specified in paragraphs (c)(1) and (2) of
this AD, certificated in any category.
(1) Model ATR42-200, -300, -320, and -500 airplanes.
(2) Model ATR72-101, -102, -201, -202, -211, -212, and -212A
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
Protection.
(e) Unsafe Condition
This AD was prompted by a report of incorrect marking and
assembly of the two-way valves for the left- and right-hand engine
fire extinguishing systems. The FAA is issuing this AD to address
inoperative two-way valves in both engine fire extinguishing
systems. This condition, if not addressed, could lead to reduced
performance of the engine fire extinguishing system, which could
result in loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA)
Emergency AD 2024-0044-E, dated February 15, 2024 (EASA AD 2024-
0044-E).
(h) Exceptions to EASA AD 2024-0044-E
(1) Where EASA AD 2024-0044-E refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraph (4) of EASA AD 2024-0044-E specifies to report
inspection results to ATR-GIE Avions de Transport R[eacute]gional
within a certain compliance time. For this AD, report inspection
(i.e., functional check) results at the applicable time specified in
paragraph (h)(2)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0044-E.
[[Page 18537]]
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#6e57432f383d432f273c43595d5e432f23212d2e080f0f40090118"><span class="__cf_email__" data-cfemail="b78e9af6e1e49af6fee59a8084879af6faf8f4f7d1d6d699d0d8c1">[email protected]</span></a>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or ATR-GIE Avions de Transport
R[eacute]gional's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
(j) Additional Information
For more information about this AD, contact Shahram Daneshmandi,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 206-231-3220; email:
<a href="/cdn-cgi/l/email-protection#e2b18a838a90838fcca6838c87918a8f838c868ba2848383cc858d94"><span class="__cf_email__" data-cfemail="edbe858c859f8c80c3a98c83889e85808c838984ad8b8c8cc38a829b">[email protected]</span></a>.
(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) European Union Aviation Safety Agency (EASA) Emergency AD
2024-0044-E, dated February 15, 2024.
(ii) [Reserved]
(3) For EASA AD 2024-0044-E, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#2160655261444052400f4454534e51400f4454"><span class="__cf_email__" data-cfemail="2362675063464250420d4656514c53420d4656">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
ADs on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#accade82c5c2dfdcc9cfd8c5c3c2ecc2cddecd82cbc3da"><span class="__cf_email__" data-cfemail="5c3a2e7235322f2c393f283533321c323d2e3d723b332a">[email protected]</span></a>.
Issued on March 6, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-05499 Filed 3-12-24; 11:15 am]
BILLING CODE 4910-13-P
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