[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Proposed Rules]
[Pages 87311-87314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25368]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / 
Proposed Rules

[[Page 87311]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2416; Project Identifier MCAI-2024-00491-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 the possible use of improper material during the manufacturing of 
vertical stabilizer to horizontal stabilizer junction fittings. This 
proposed AD would require inspections of affected parts, applicable 
repairs, and eventual replacement of certain 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.

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-2024-2416; 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#5a1b1e291a3f3b293b743f2f28352a3b743f2f"><span class="__cf_email__" data-cfemail="febfba8dbe9b9f8d9fd09b8b8c918e9fd09b8b">[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-2024-2416.
    <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#34475c555c4655591a50555a51475c59555a505d745255551a535b42"><span class="__cf_email__" data-cfemail="c9baa1a8a1bba8a4e7ada8a7acbaa1a4a8a7ada089afa8a8e7aea6bf">[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-2024-2416; 
Project Identifier MCAI-2024-00491-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#6c1f040d041e0d0142080d02091f04010d0208052c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="a4d7ccc5ccd6c5c98ac0c5cac1d7ccc9c5cac0cde4c2c5c58ac3cbd2">[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 2024-0171, dated August 27, 2024 
(EASA AD 2024-0171) (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 a report was received of the possible use of improper 
material during the manufacturing of vertical stabilizer to horizontal 
stabilizer junction fittings. Subsequent review identified the 
population of affected parts and the airplanes equipped with those 
affected parts. Vertical stabilizer to horizontal stabilizer junction 
fittings manufactured with improper material, if not addressed, could 
reduce the structural integrity of the airplane.
    The FAA is proposing this AD to address the unsafe condition on 
these products.

[[Page 87312]]

    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2416.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0171 specifies procedures for a special detailed 
inspection (SDI) (conductivity measurement, hardness test, and X-ray 
fluorescence (XRF) inspection) to determine the material tolerance of 
affected vertical to horizontal stabilizer junction fittings installed 
on group 1 or 2 airplanes; repair of parts not within the tolerances of 
material AL7075-T73 (except those within the tolerances of material 
AL7050-T7452); repetitive detailed visual inspections for any damage 
(including corrosion and dents) of each affected part that is within 
the tolerances of material AL7050-T7452 or is installed on a group 3 
airplane; repair of damaged parts; and eventual replacement of any 
affected part that is within the tolerances of material AL7050-T7452 or 
installed on a group 3 airplane. EASA AD 2024-0171 also specifies 
reporting the inspection results of the SDI to ATR. 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 2024-0171 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 2024-0171 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0171 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 2024-0171 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-
0171. Material required by EASA AD 2024-0171 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-2416 after the 
FAA final rule is published.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
The inspection reports specified in this proposed AD will provide the 
manufacturer additional data for determining the extent of the improper 
material usage, and to determine if further action is needed to address 
the unsafe condition.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 36 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
----------------------------------------------------------------------------------------------------------------
Up to 26 work-hours x $85 per hour               $0  Up to $2,210.................  Up to $79,560.
 = $2,210.
----------------------------------------------------------------------------------------------------------------

    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 these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 523 work-hours x $85 per hour =           $6,340          $50,795
 $44,455..............................
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs 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.

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

[[Page 87313]]

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-2024-
2416; Project Identifier MCAI-2024-00491-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 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 2024-0171, dated August 27, 2024 (EASA AD 2024-0171).

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by a report of the possible use of improper 
material during the manufacturing of vertical stabilizer to 
horizontal stabilizer junction fittings. The FAA is issuing this AD 
to address the potential usage of improper material during the 
manufacturing of vertical stabilizer to horizontal stabilizer 
junction fittings. 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 2024-0171.

(h) Exceptions to EASA AD 2024-0171

    (1) Where EASA AD 2024-0171 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2024-0171 specifies to 
``accomplish a detailed visual inspection (DVI) of each affected 
part in accordance with the instructions of ATR Maintenance 
Procedure (MP) A-55-36-XX-02ZZZ-281Z-A'' for this AD replace that 
text with ``accomplish a detailed visual inspection (DVI) for damage 
of each affected part in accordance with the instructions of ATR 
Maintenance Procedure (MP) A-55-36-XX-02ZZZ-281Z-A, and before 
further flight repair any damage 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.''
    (3) Where paragraph (4) of EASA AD 2024-0171 specifies to 
``accomplish a DVI of the affected part in accordance with the 
instructions of ATR MP A-55-36-XX-02ZZZ-281Z-A'' for this AD replace 
that text with ``accomplish a DVI for damage of the affected part in 
accordance with the instructions of ATR MP A-55-36-XX-02ZZZ-281Z-A, 
and before further flight repair any damage using a method approved 
by the Manager, International Validation Branch, FAA; or EASA; or 
ATR--GIE Avions de Transport R[eacute]gional's EASA DOA. If approved 
by the DOA, the approval must include the DOA-authorized 
signature.''
    (4) Paragraph (5) of EASA AD 2024-0171 specifies to report 
inspection results to ATR within a certain compliance time. For this 
AD, report inspection results at the applicable time specified in 
paragraph (h)(4)(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.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0171.

(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#c2838f8d8182a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="b5f4f8faf6f5d3d4d49bd2dac3">[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.

[[Page 87314]]

(j) Additional Information

    For more information about this AD, contact Shahram Daneshmandi, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3220; email: 
<a href="/cdn-cgi/l/email-protection#e89b8089809a8985c68c89868d9b808589868c81a88e8989c68f879e"><span class="__cf_email__" data-cfemail="93e0fbf2fbe1f2febdf7f2fdf6e0fbfef2fdf7fad3f5f2f2bdf4fce5">[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 2024-0171, 
dated August 27, 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#edaca99ead888c9e8cc388989f829d8cc38898"><span class="__cf_email__" data-cfemail="7031340330151103115e1505021f00115e1505">[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#a0c6d28ec9ced3d0c5c3d4c9cfcee0cec1d2c18ec7cfd6"><span class="__cf_email__" data-cfemail="593f2b7730372a293c3a2d3036371937382b38773e362f">[email protected]</span></a>.

    Issued on October 28, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-25368 Filed 10-31-24; 8:45 am]
BILLING CODE 4910-13-P


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