[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Proposed Rules]
[Pages 87314-87317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25369]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2418; Project Identifier MCAI-2024-00239-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 a 
flight deck emergency escape hatch was difficult to open due to the 
hose ends being connected to the hatch with incorrect parts, which 
could affect drainage of the hatch. This proposed AD would require 
inspection of the flight deck emergency escape hatch drain hose for 
discrepancies and applicable corrective actions, and prohibit 
accomplishment of maintenance actions using the instructions of certain 
maintenance tasks, 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 December 
16, 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-2024-2418; 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#e6a7a295a683879587c8839394899687c88393"><span class="__cf_email__" data-cfemail="6b2a2f182b0e0a180a450e1e19041b0a450e1e">[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-2024-2418.
    <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#ecbf848d849e8d81c2a88d82899f84818d828885ac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="500338313822313d7e14313e3523383d313e3439103631317e373f26">[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-2024-2418; 
Project Identifier MCAI-2024-00239-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#401328212832212d6e04212e2533282d212e2429002621216e272f36"><span class="__cf_email__" data-cfemail="ca99a2aba2b8aba7e48eaba4afb9a2a7aba4aea38aacababe4ada5bc">[email protected]</span></a>. Any commentary that the FAA receives that 
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 2024-0090, dated April 16, 2024 
(also referred to as

[[Page 87315]]

the MCAI), to correct an unsafe condition for certain ATR--GIE Avions 
de Transport R[eacute]gional Model ATR42-200, ATR42-300, ATR42-320, 
ATR42-400, ATR42-500, 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 that following a report that a flight deck 
emergency escape hatch was difficult to open, an ATR investigation 
revealed hatch drain hose ends connected to the hatch with incorrect 
parts (zip-tie and ty-rap) and installed collars with a too-small 
diameter that would not permit the drain hose to slide inside. These 
installation nonconformities could occur only during maintenance and 
could affect the hatch drainage and possibly result in difficulties in 
removing the hatch in case of an emergency evacuation. ATR has updated 
the maintenance procedures to clarify the correct procedures.
    The FAA is proposing this AD to address these installation 
nonconformities, which could prevent flightcrew evacuation from the 
airplane in case of an emergency, possibly resulting in personal 
injury.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2418.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0090 specifies procedures for inspecting for 
discrepancies of the flight deck emergency escape hatch drain hose 
(including checking for the presence of a fastening system on the drain 
hoses at the level of the escape hatch drains and checking whether a 
drain hose slides freely in the clamp (collar)). Discrepancies include 
any zip-tie/ty-rap that is detected and any drain hose that does not 
slide freely in the clamp. Corrective actions include removing the 
fastening system and replacing the clamp. EASA AD 2024-0090 also 
prohibits accomplishment of maintenance actions using the instructions 
of Maintenance Procedure (MP) Tasks ATR-A-52-22-XX-00ZZZ-520Z-A and 
ATR-A-52-22-XX-00ZZZ-720Z-A issued December 31, 2023, or earlier. 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 2024-0090 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 2024-0090 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0090 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 2024-0090 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-
0090. Material required by EASA AD 2024-0090 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-2418 after the 
FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 80 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
0.25 work-hour x $85 per hour = $21.25.......................              $0           $21.25           $1,700
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any replacement 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 
replacement:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
0.25 work-hour x $85 per hour = $21.25         Minimal           $21.25
------------------------------------------------------------------------

    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 87316]]

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-
2418; Project Identifier MCAI-2024-00239-T.

 (a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 16, 2024.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to the ATR--GIE Avions de Transport 
R[eacute]gional airplanes, certificated in any category, specified 
in paragraphs (c)(1) and (2) of this AD and identified in European 
Union Aviation Safety Agency (EASA) AD 2024-0090, dated April 16, 
2024 (EASA AD 2024-0090).
    (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 52, Doors.

 (e) Unsafe Condition

    This AD was prompted by a report that a flight deck emergency 
escape hatch was difficult to open due to the hose ends being 
connected to the hatch with incorrect parts or and installed collars 
with a too-small diameter that would not permit the drain hose to 
slide inside. The FAA is issuing this AD to address such 
installation nonconformities, which could affect drainage of the 
hatch. The unsafe condition, if not addressed, could prevent 
flightcrew evacuation in case of an emergency, possibly resulting in 
personal injury.

 (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 2024-0090.

 (h) Exceptions to EASA AD 2024-0090

    (1) Where EASA AD 2024-0090 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 
2024-0090.
    (3) Where EASA AD 2024-0090 states ``any discrepancy, as defined 
in the AOM, is detected'' for this AD replace that text with ``any 
fastening system (e.g., zip-tie/ty-rap) is detected or any drain 
hose does not slide freely in the clamp (collar).''

 (i) No Reporting

    Although the material referenced in EASA AD 2024-0090 specifies 
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, send it to the attention of the 
person identified in paragraph (k) of this AD and email to: 
<a href="/cdn-cgi/l/email-protection#31707c7e72715750501f565e47"><span class="__cf_email__" data-cfemail="66272b29252600070748010910">[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.

 (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" class="__cf_email__" data-cfemail="582b3039302a3935763c39363d2b303539363c31183e3939763f372e">[email protected]</a>.

 (l) 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 2024-0090, 
dated April 16, 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#3170754271545042501f5444435e41501f5444"><span class="__cf_email__" data-cfemail="edaca99ead888c9e8cc388989f829d8cc38898">[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 www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#ed8b9fc384839e9d888e99848283ad838c9f8cc38a829b"><span class="__cf_email__" data-cfemail="eb8d99c58285989b8e889f828485ab858a998ac58c849d">[email protected]</span></a>.


[[Page 87317]]


    Issued on October 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-25369 Filed 10-31-24; 8:45 am]
BILLING CODE 4910-13-P


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