Proposed Rule2025-02619
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
February 18, 2025
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- 500 and ATR72-212A airplanes. This proposed AD was prompted by a report of potential use of improper material during the production of vertical tail plane (VTP) fittings. This proposed AD would require, for certain airplanes, an inspection for the material of affected fuselage-to-VTP fittings, an inspection report, and corrective actions, and, for certain other airplanes, part replacement, 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
<html>
<head>
<title>Federal Register, Volume 90 Issue 31 (Tuesday, February 18, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 31 (Tuesday, February 18, 2025)]
[Proposed Rules]
[Pages 9698-9701]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02619]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0203; Project Identifier MCAI-2024-00360-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).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
500 and ATR72-212A airplanes. This proposed AD was prompted by a report
of potential use of improper material during the production of vertical
tail plane (VTP) fittings. This proposed AD would require, for certain
airplanes, an inspection for the material of affected fuselage-to-VTP
fittings, an inspection report, and corrective actions, and, for
certain other airplanes, part replacement, 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.
DATES: The FAA must receive comments on this proposed AD by April 4,
2025.
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-2025-0203; 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#9ddcd9eeddf8fceefcb3f8e8eff2edfcb3f8e8"><span class="__cf_email__" data-cfemail="a5e4e1d6e5c0c4d6c48bc0d0d7cad5c48bc0d0">[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-2025-0203.
<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 shahram.<a href="/cdn-cgi/l/email-protection#0e6a6f606b7d66636f606a674e686f6f20696178"><span class="__cf_email__" data-cfemail="0a6e6b646f7962676b646e634a6c6b6b246d657c">[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-2025-0203;
Project Identifier MCAI-2024-00360-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.
[[Page 9699]]
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
shahram.<a href="/cdn-cgi/l/email-protection#a6c2c7c8c3d5cecbc7c8c2cfe6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="a2c6c3ccc7d1cacfc3ccc6cbe2c4c3c38cc5cdd4">[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 2024-0120, dated June 27, 2024 (EASA
AD 2024-0120) (also referred to as the MCAI), to correct an unsafe
condition for certain ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 and ATR72-212A airplanes. The MCAI states that there
was a report of potential use of improper material during the
production of fuselage-to-VTP fittings. Further review after this
supplier production quality escape was found identified the affected
parts population and the airplanes equipped with the affected parts.
VTP fittings made of improper material, if not detected and corrected,
could reduce the structural integrity of the airplane.
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-2025-0203.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0120 specifies, for certain airplanes, procedures for
an inspection using electrical conductivity, hardness, and X-ray
fluorescence (XRF) tests for the material of affected fuselage-to-VTP
fittings, an inspection report, and corrective actions, and, for
certain other airplanes, fuselage-to-VTP fitting replacement.
Corrective actions include contacting the manufacturer for repair
instructions and compliance times, or replacing the part with a
serviceable part, depending on findings. 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 2024-0120 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 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 2024-0120 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0120 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 2024-0120 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-
0120. Material required by EASA AD 2024-0120 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2025-0203 after the
FAA final rule is published.
Interim Action
The FAA considers that this proposed AD would be an interim action.
The inspection reports that are required by this AD will enable the
manufacturer to obtain better insight into the extent of the unsafe
condition, and eventually to develop final action to address the unsafe
condition. Once final action has been identified, the FAA might
consider further rulemaking.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1 airplane of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 24 work-hours x $85 per hour = Unknown *.............. Up to $2,040........... Up to $2,040.
Up to $2,040.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
proposed AD.
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
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.
[[Page 9700]]
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
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-2025-
0203; Project Identifier MCAI-2024-00360-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 4, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 and ATR72-212A airplanes, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2024-0120, dated June 27, 2024 (EASA AD 2024-0120).
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Unsafe Condition
This AD was prompted by a report of potential use of improper
material during the production of vertical tail plane (VTP)
fittings. The FAA is issuing this AD to address VTP fittings made of
improper material. The unsafe condition, if not addressed, could
result in reduced structural integrity 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, EASA AD 2024-0120.
(h) Exceptions to EASA AD 2024-0120
(1) Where EASA AD 2024-0120 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0120.
(3) Paragraph (5) of EASA AD 2024-0120 specifies to report
inspection results to ATR--GIE Avions de Transport R[eacute]gional
within a certain compliance time. For this AD, report inspection
results at the applicable time specified in paragraph (h)(3)(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.
(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#c584888a8685a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="8ccdc1c3cfcceaededa2ebe3fa">[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 shahram
.<a href="/cdn-cgi/l/email-protection#d9bdb8b7bcaab1b4b8b7bdb099bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="a8ccc9c6cddbc0c5c9c6ccc1e8cec9c986cfc7de">[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 2024-0120,
dated June 27, 2024.
[[Page 9701]]
(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#5312172013363220327d3626213c23327d3626"><span class="__cf_email__" data-cfemail="d19095a291b4b0a2b0ffb4a4a3bea1b0ffb4a4">[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="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#deb8acf0b7b0adaebbbdaab7b1b09eb0bfacbff0b9b1a8"><span class="__cf_email__" data-cfemail="9afce8b4f3f4e9eafff9eef3f5f4daf4fbe8fbb4fdf5ec">[email protected]</span></a>.
Issued on February 10, 2025.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-02619 Filed 2-14-25; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 18, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.