Proposed Rule2024-18751
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
August 22, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42 and ATR72 airplanes. This proposed AD was prompted by a report that for airplanes converted from passenger to cargo configuration using certain supplemental type certificates, no height limitation for the cargo, when loaded in the cargo compartment, is defined, and that as a consequence, cargo might be loaded up to the ceiling of the cargo compartment. This proposed AD would require modification of the cargo compartment and implementation of updated cargo loading procedures. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 163 (Thursday, August 22, 2024)</title>
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[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Proposed Rules]
[Pages 67908-67910]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18751]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2129; Project Identifier MCAI-2024-00066-T]
RIN 2120-AA64
Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42
and ATR72 airplanes. This proposed AD was prompted by a report that for
airplanes converted from passenger to cargo configuration using certain
supplemental type certificates, no height limitation for the cargo,
when loaded in the cargo compartment, is defined, and that as a
consequence, cargo might be loaded up to the ceiling of the cargo
compartment. This proposed AD would require modification of the cargo
compartment and implementation of updated cargo loading procedures. The
FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by October 7,
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-2024-2129; 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 NPRM, 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 Sabena Technics material identified in this proposed
AD, contact Sabena Technics BGC, Le Galil[eacute]e, 9 Bd Henri Ziegler,
31700 Blagnac France; telephone 33 (0)1 56 54 42 30; email
<a href="/cdn-cgi/l/email-protection#84e5edf6f3ebf6f0ecedeae1f7f7aaebe2e2ede7e1c4f7e5e6e1eae5f0e1e7eceaede7f7aae7ebe9"><span class="__cf_email__" data-cfemail="63020a11140c11170b0a0d0610104d0c05050a000623100201060d021706000b0d0a00104d000c0e">[email protected]</span></a>.
<bullet> 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.
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#c7b4afa6afb5a6aae9a3a6a9a2b4afaaa6a9a3ae87a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="384b5059504a5955165c59565d4b505559565c51785e5959165f574e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2024-2129;
Project Identifier MCAI-2024-00066-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, 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 the proposal 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 NPRM.
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 NPRM 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 NPRM, 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 NPRM. 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#25564d444d5744480b41444b40564d48444b414c654344440b424a53"><span class="__cf_email__" data-cfemail="c9baa1a8a1bba8a4e7ada8a7acbaa1a4a8a7ada089afa8a8e7aea6bf">[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.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2024-0025, dated January 24, 2024 (EASA AD 2024-0025) (also
referred to
[[Page 67909]]
after this as the MCAI), to correct an unsafe condition on certain
ATR--GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, -
320, and -500 airplanes; and Model ATR72-101, -102, -201, -202, -211, -
212, and -212A airplanes. The MCAI states that it was identified that
for airplanes converted from passenger to cargo configuration using
EASA Supplemental Type Certificate (STC) 10069551, Revision 1 (EASA STC
10069551, Revision 0, corresponds to FAA STC ST04602NY), or the
previous EASA STC 2004-2872 (which corresponds to FAA STC S116-004NM,
Revision 1), no height limitation for the cargo, when loaded in the
cargo compartment, is defined. Consequently, operators of such
airplanes may load the cargo up to the ceiling of the cargo compartment
and, therefore, potentially affect the proper functioning of the smoke
detectors. This condition, if not corrected, could lead to smoke not
being detected in time, possibly resulting in an uncontrolled fire.
The FAA is proposing 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-2024-2129.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Sabena Technics Airworthiness Technical
Instructions 0110-09-A-ATI-F01-R00; and 0110-11-A-ATI-F01-R00, both
dated September 19, 2023. This material describes procedures for
modifying the cargo compartment (installing a label and tape to
indicate maximum cargo height). These documents are distinct since they
apply to different airplane models.
The FAA also reviewed Sabena Technics Weight & Balance Manual
Supplement 0110-09-A-2305-R06, Revision 06, dated September 15, 2023;
and Sabena Technics Weight & Balance Manual Supplement 0110-11-A-2305-
R07, Revision 07, dated September 15, 2023. Section 2.9., ``Cargo
Compartment--Loading Limitation,'' of Sabena Technics Weight & Balance
Manual Supplement 0110-09-A-2305-R06, Revision 06, dated September 15,
2023; and section 2.11., ``Cargo Compartment-Loading Limitation,'' of
Sabena Technics Weight & Balance Manual Supplement 0110-11-A-2305-R07,
Revision 07, dated September 15, 2023; describe the maximum cargo
height in the cargo compartment. These documents are distinct since
they apply to different airplane models.
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 and
material referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the material already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 2 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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8 work-hours x $85 per hour = $680........................... $100 $780 $1,560
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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
The FAA 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
[[Page 67910]]
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2024-
2129; Project Identifier MCAI-2024-00066-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 7, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to ATR--GIE Avions de Transport R[eacute]gional
airplanes identified in paragraphs (c)(1) and (2) of this AD,
modified in accordance with FAA Supplemental Type Certificate (STC)
ST116-004NM or STC ST04602NY, 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 11, Placards and
Marking.
(e) Unsafe Condition
This AD was prompted by a report that for airplanes converted
from passenger to cargo configuration using certain supplemental
type certificates no height limitation for the cargo, when loaded in
the cargo compartment, is defined, and that as a consequence, cargo
may be loaded up to the ceiling of the cargo compartment. The FAA is
issuing this AD to address cargo being loaded up to the ceiling of
the cargo compartment, which could affect the proper functioning of
the smoke detectors. This condition, if not corrected, could lead to
smoke not being detected in time, possibly resulting in an
uncontrolled fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Modification of Cargo Compartment
Within 6 months after the effective date of this AD, modify the
cargo compartment in accordance with the Accomplishment Instructions
of Sabena Technics Airworthiness Technical Instructions 0110-09-A-
ATI-F01-R00, dated September 19, 2023 (for Model ATR42 airplanes);
or Sabena Technics Airworthiness Technical Instructions 0110-11-A-
ATI-F01-R00, dated September 19, 2023 (for Model ATR72 airplanes).
(h) Revision of Weight and Balance Manual
Prior to or concurrently with accomplishing the actions required
by paragraph (g) of this AD, implement the cargo loading procedures
specified in Section 2.9., ``Cargo Compartment--Loading
Limitation,'' of Sabena Technics Weight & Balance Manual Supplement
0110-09-A-2305-R06, Revision 06, dated September 15, 2023 (for Model
ATR42 airplanes); or Section 2.11., ``Cargo Compartment-Loading
Limitation,'' of Sabena Technics Weight & Balance Manual Supplement
0110-11-A-2305-R07, Revision 07, dated September 15, 2023 (for Model
ATR72 airplanes).
(i) No Reporting Requirement
Although Sabena Technics Airworthiness Technical Instructions
0110-09-A-ATI-F01-R00; and 0110-11-A-ATI-F01-R00; both dated
September 19, 2023; specify to submit certain information to the
manufacturer, this AD does not include that requirement.
(j) 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 (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#a39a8ee2f5f08ee2eaf18e9490938ee2eeece0e3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="c0f9ed819693ed818992edf7f3f0ed818d8f8380a6a1a1eea7afb6">[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 the European Union Aviation Safety Agency
(EASA); or Sabena Technic BGC's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.
(k) 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#106378717862717d3e74717e7563787d717e7479507671713e777f66"><span class="__cf_email__" data-cfemail="addec5ccc5dfccc083c9ccc3c8dec5c0ccc3c9c4edcbcccc83cac2db">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) Sabena Technics Airworthiness Technical Instructions 0110-
09-A-ATI-F01-R00, dated September 19, 2023.
(ii) Sabena Technics Airworthiness Technical Instructions 0110-
11-A-ATI-F01-R00, dated September 19, 2023.
(iii) Sabena Technics Weight & Balance Manual Supplement 0110-
09-A-2305-R06, Revision 06, dated September 15, 2023. This document
has the revision level and date on page 2; no other page of the
document has this information.
(iv) Sabena Technics Weight & Balance Manual Supplement 0110-11-
A-2305-R07, Revision 07, dated September 15, 2023. This document has
the revision level and date on page 2; no other page of the document
has this information.
(3) For Sabena Technics material identified in this AD, contact
Sabena Technics BGC, Le Galil[eacute]e, 9 Bd Henri Ziegler, 31700
Blagnac France; telephone 33 (0)1 56 54 42 30; email
<a href="/cdn-cgi/l/email-protection#67060e15100815130f0e09021414490801010e0402271406050209061302040f090e04144904080a"><span class="__cf_email__" data-cfemail="2f4e465d58405d5b4746414a5c5c01404949464c4a6f5c4e4d4a414e5b4a4c4741464c5c014c4042">[email protected]</span></a>.
(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#3d5b4f1354534e4d585e495452537d535c4f5c135a524b"><span class="__cf_email__" data-cfemail="7214005c1b1c01021711061b1d1c321c1300135c151d04">[email protected]</span></a>.
Issued on August 16, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-18751 Filed 8-21-24; 8:45 am]
BILLING CODE 4910-13-P
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