[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 [www.gpo.gov]
[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 regulations.gov. 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 regulations.gov 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 regulations.gov 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 
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 
<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 regulations.gov 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 regulations.gov 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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hours x $85 per hour = $85............................              $0              $85           $6,545
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......            $640             $725
------------------------------------------------------------------------

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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