Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Proposed Rules 8361 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0222; Project 

Identifier MCAI–2023–01072–T] 

RIN 2120–AA64 

Airworthiness Directives; ATR—GIE 

Avions de Transport Re ́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 

Re ́gional Model ATR42 and ATR72 

airplanes. This proposed AD was 

prompted by a report of an electrical 

contactor that failed with contacts in the 

intermediate position, causing the 

airplane to lose power to multiple 

electrical systems. This proposed AD 

would require repetitive operational 

tests of the affected part, and, depending 

on findings, accomplishment of 

applicable corrective action, 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 March 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: 

• Federal eRulemaking Portal: Go to 

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: 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 regulations.gov under Docket 

No. FAA–2024–0222; 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: 

• For material that is proposed for 

IBR in this AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email Ads@easa.europa.eu; website 

easa.europa.eu. You may find this 

material on the EASA website at 

ad.easa.europa.eu. It is also available at 

regulations.gov under Docket No. FAA– 

2024–0222. 

• 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.daneshmandi@faa.gov. 

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 ADDRESSES. Include ‘‘Docket No. 

FAA–2024–0222; Project Identifier 

MCAI–2023–01072–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 

regulations.gov, 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: 

shahram.daneshmandi@faa.gov. 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 2023–0181, 

dated October 13, 2023 (EASA AD 

2023–0181) (also referred to as the 

MCAI), to correct an unsafe condition 

for ATR—GIE Avions de Transport 

Re ́gional Model ATR 42–200, ATR 42– 

300, ATR 42–320, ATR 42–400, ATR 

42–500, ATR 72–101, ATR 72–102, ATR 

72–201, ATR 72–202, ATR 72–211, ATR 

72–212, and ATR 72–212A airplanes, 

except those on which ATR 

modification (mod) 05948 has been 

embodied in production. Model ATR 

42–400 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 that one event of electrical 

failure has been reported on a pre-mod 

05948 airplane, possibly caused by a 

functional item number (FIN) 1PA 

contactor failing with contacts in the 

intermediate position. 

The FAA is proposing this AD to 

address an electrical failure. This 

condition, if not addressed, could lead 

to temporary loss of the direct current 

emergency electrical network and loss 

of control of the airplane. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2024–0222. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2023–0181 specifies 

procedures for repetitive operational 

tests on the contactor 1PA, and, 

depending on findings, accomplishment 

of applicable corrective actions. 

Corrective actions include replacement 

of the contactor. 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 

ADDRESSES. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
8362 Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Proposed Rules 

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 2023–0181 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 2023–0181 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0181 

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 2023–0181 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 2023–0181. 

Service information required by EASA 

AD 2023–0181 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2024–0222 after the 

FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 49 

airplanes 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 

1 work-hour × $85 per hour = $85 .................................................................................. $0 $85 $4,165 per test. 

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 action: 

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product 

2 work-hours × $85 per hour = $170 ...................................................................................................................... $1,625 $1,795 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

ATR—GIE Avions de Transport Re ́gional: 

Docket No. FAA–2024–0222; Project 

Identifier MCAI–2023–01072–T. 


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Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Proposed Rules 8363 

(a) Comments Due Date

The FAA must receive comments on this

airworthiness directive (AD) by March 25, 

2024. 

(b) Affected ADs

None.

(c) Applicability

This AD applies to the ATR—GIE Avions

de Transport Re ́gional airplanes specified in 

paragraphs (c)(1) and (2) of this AD, 

certificated in any category, as identified in 

European Union Aviation Safety Agency 

(EASA) AD 2023–0181, dated October 13, 

2023 (EASA AD 2023–0181). 

(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 24, Electrical power. 

(e) Unsafe Condition

This AD was prompted by a report of an

electrical contactor that failed with contacts 

in the intermediate position, causing the 

airplane to lose power to multiple electrical 

systems. The FAA is issuing this AD to 

address an electrical failure. The unsafe 

condition, if not addressed, could result in 

temporary loss of the direct current 

emergency electrical network and 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, EASA AD 2023–0181. 

(h) Exceptions to EASA AD 2023–0181

(1) Where EASA AD 2023–0181 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 2023–0181. 

(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)(1) of this AD. Information may 

be emailed to: 9-AVS-AIR-730-AMOC@

faa.gov. 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 Re ́gional’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(j) Additional Information

(1) 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.daneshmandi@faa.gov. 

(2) For ATR service information identified

in this AD that is not incorporated by 

reference, contact ATR–GIE Avions de 

Transport Re ́gional, 1 Alle ́e Pierre Nadot, 

31712 Blagnac Cedex, France; telephone +33 

(0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18;

email continued.airworthiness@atraircraft.com; website atr-aircraft.com. 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.

(3) Service information identified in this

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (k)(3) and (4) of this AD. 

(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) AD 2023–0181, dated October 13, 

2023. 

(ii) [Reserved]

(3) For EASA AD 2023–0181, contact

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this EASA AD 

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 www.archives.gov/federal-register/cfr/ 

ibr-locations, or email fr.inspection@

nara.gov. 

Issued on February 1, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–02442 Filed 2–6–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 700 

[Docket No. 240108–0002] 

RIN 0694–AJ15 

Clarifications and Updates to Defense 

Priorities and Allocations System 

Regulation 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend the Bureau of Industry and 

Security’s (BIS) Defense Priorities and 

Allocations System (DPAS) regulation 

by providing administrative changes to 

well-established standards and 

procedures. This proposed rule would: 

clarify existing standards and 

procedures by which BIS may provide 

Special Priorities Assistance (SPA); 

revise Schedule I to provide 

transparency and differentiation 

between other departments’ priorities 

jurisdiction and the Department of 

Commerce’s jurisdiction; and provide 

technical edits to reflect certain nonsubstantive updates since the DPAS 

regulation was last amended in 2014, 

including providing updated contact 

information, legal citations, and 

definitions. 

DATES: Comments on this proposed rule 

must be received by BIS by no later than 

March 8, 2024. 

ADDRESSES: Comments on this proposed 

rule may be submitted to the Federal 

rulemaking portal 

(www.regulations.gov). The 

regulations.gov ID for this rule is: BIS– 

2024–0002. Please refer to RIN 0694– 

AJ15 in all comments. Anyone 

submitting business confidential 

information should clearly identify any 

business confidential portion of a 

comment at the time of submission, file 

a statement justifying nondisclosure and 

referring to the specific legal authority 

claimed, and provide a non-confidential 

version of the submission. 

For comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC.’’ 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. The 

corresponding non-confidential version 

of those comments must be clearly 

marked ‘‘PUBLIC.’’ The file name of the 

non-confidential version should begin 


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