Proposed Rule2024-23432
Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
Primary source
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Published
October 10, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all ATR--GIE Avions de Transport R[eacute]gional Model ATR42 and ATR72 airplanes. This proposed AD was prompted by a report of a manufacturing defect identified in the lavatory fire extinguisher. This defect could potentially result in leakage at the eutectic tip, leading to a loss of pressure in the cylinder, making fire extinguishing capabilities ineffective. This proposed AD would require an inspection (i.e., weight check) and replacement, as applicable, of certain lavatory compartment fire extinguishers, and would also prohibit the installation of affected parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). 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 197 (Thursday, October 10, 2024)</title>
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[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Proposed Rules]
[Pages 82190-82193]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23432]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2330; Project Identifier MCAI-2024-00393-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 all ATR--GIE Avions de Transport R[eacute]gional Model ATR42 and
ATR72 airplanes. This proposed AD was prompted by a report of a
manufacturing defect identified in the lavatory fire extinguisher. This
defect could potentially result in leakage at the eutectic tip, leading
to a loss of pressure in the cylinder, making fire extinguishing
capabilities ineffective. This proposed AD would require an inspection
(i.e., weight check) and replacement, as applicable, of certain
lavatory compartment fire extinguishers, and would also prohibit the
installation of affected parts, as specified in a European Union
Aviation Safety Agency
[[Page 82191]]
(EASA) AD, which is proposed for incorporation by reference (IBR). 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 November
25, 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-2024-2330; 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 EASA material identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#ebaaaf98ab8e8a988ac58e9e99849b8ac58e9e"><span class="__cf_email__" data-cfemail="d69792a596b3b7a5b7f8b3a3a4b9a6b7f8b3a3">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2330.
<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#a2d1cac3cad0c3cf8cc6c3ccc7d1cacfc3ccc6cbe2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="fd8e959c958f9c90d3999c93988e95909c939994bd9b9c9cd39a928b">[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-2024-2330;
Project Identifier MCAI-2024-00393-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 this 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#72011a131a00131f5c16131c17011a1f131c161b321413135c151d04"><span class="__cf_email__" data-cfemail="e09388818892818dce84818e8593888d818e8489a0868181ce878f96">[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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2024-0132, dated July 9, 2024 (EASA
AD 2024-0132) (also referred to as the MCAI), to correct an unsafe
condition for all Model ATR42-200, ATR42-300, ATR42-320, ATR42-400, and
ATR42-500 airplanes; and Model ATR72-101, ATR72-102, ATR72-201, ATR72-
202, ATR72-211, ATR72-212, and ATR72-212A airplanes.
Model ATR42-400 airplanes are not certificated by the FAA and are
not included on the U.S. type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability. The
MCAI states a manufacturing defect was identified in the lavatory fire
extinguisher. This defect could potentially result in leakage at the
eutectic tip, leading to a loss of pressure in the cylinder, making
fire extinguishing capabilities ineffective. This condition, if not
detected and corrected, in combination with fire in the lavatory waste
bin, could result in the propagation of 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-2024-2330.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0132 specifies procedures for the inspection (i.e.,
weight check) and replacement, if any discrepancy is found (i.e., the
measured weight is more than 2.0 grams below the gross weight stated on
the product label), of certain lavatory compartment fire extinguishers
and prohibits 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 NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2024-0132 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed 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
[[Page 82192]]
requirements for corresponding FAA ADs. The FAA has been coordinating
this process with manufacturers and CAAs. As a result, the FAA proposes
to incorporate EASA AD 2024-0132 by reference in the FAA final rule.
This proposed AD would, therefore, require compliance with EASA AD
2024-0132 in its entirety through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2024-0132 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 AD 2024-
0132. Material required by EASA AD 2024-0132 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2330 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 77 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Action
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hours x $85 per hour = $85............................ $0 $85 $6,545
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The FAA estimates the following costs to do any necessary on-
condition action 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 action:
Estimated Costs of On-Condition Action
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Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... $640 $725
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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.
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:
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2024-
2330; Project Identifier MCAI-2024-00393-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 25, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-200, ATR42-300, ATR42-320, and ATR42-500
airplanes; and Model ATR72-101, ATR72-102, ATR72-201, ATR72-202,
ATR72-211, ATR72-212, and ATR72-212A airplanes, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2024-0132, dated July 9, 2024 (EASA AD 2024-0132).
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
protection.
(e) Unsafe Condition
This AD was prompted by a report of a manufacturing defect
identified in the lavatory fire extinguisher. This defect could
potentially result in leakage at the eutectic tip, leading to a loss
of pressure in the cylinder, making fire extinguishing capabilities
ineffective. The FAA is issuing this AD to address this condition,
which if not detected and corrected, in combination with fire in the
lavatory waste bin, could result in the propagation of an
uncontrolled fire.
[[Page 82193]]
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, EASA AD 2024-0132.
(h) Exceptions to EASA AD 2024-0132
(1) Where EASA AD 2024-0132 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2024-0132 defines a serviceable part as ``Any
lavatory (waste bin) compartment fire extinguishers, eligible for
installation in accordance with ATR instructions, which is not an
affected part,'' for this AD replace that text with ``Any lavatory
(waste bin) compartment fire extinguishers, eligible for
installation, which is not an affected part.''
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0132.
(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, send it to the attention of the
person identified in paragraph (j) of this AD and email to:
<a href="/cdn-cgi/l/email-protection#cf8e82808c8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="296864666a694f4848074e465f">[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#96e5fef7fee4f7fbb8f2f7f8f3e5fefbf7f8f2ffd6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="46352e272e34272b6822272823352e2b2728222f0620272768212930">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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) European Union Aviation Safety Agency (EASA) AD 2024-0132,
dated July 9, 2024.
(ii) Reserved
(3) For EASA material identified 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#9adbdee9dafffbe9fbb4ffefe8f5eafbb4ffef"><span class="__cf_email__" data-cfemail="acede8dfecc9cddfcd82c9d9dec3dccd82c9d9">[email protected]</span></a>; website easa.europa.eu. You may
find this material 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="/cdn-cgi/l/email-protection#e4d885c48c968182d9" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="630a01114e0f0c0002170a0c0d100c11060e020a0f05114d0a0d10130600170a0c0d230d0211024d040c15">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="e28b8090cf8e8d8183968b8d8c918d90878f838b8e8490cc8b8c91928781968b8d8ca28c839083cc858d94">[email protected]</span></a></a>.
Issued on October 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-23432 Filed 10-9-24; 8:45 am]
BILLING CODE 4910-13-P
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