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.

Proposed Rules Federal Register

89938 

Vol. 89, No. 220 

Thursday, November 14, 2024 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2409; Project 

Identifier MCAI–2024–00410–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 all 

ATR–GIE Avions de Transport Re ́gional 

Model ATR42 and Model ATR72 

airplanes. This proposed AD was 

prompted by the insufficient accuracy of 

a certain Angle of Attack (AoA) probe at 

low airspeeds which could lead to a 

delayed activation of the stick pusher in 

a flaps-extended configuration. This 

proposed AD would require replacing 

each affected part with a serviceable 

part, and would also prohibit the 

installation of 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 30, 

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–2024–2409; 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 EASA material identified in this 

proposed 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. 

• 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 the ADDRESSES section. Include 

‘‘Docket No. FAA–2024–2409; Project 

Identifier MCAI–2024–00410–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 2024–0140, 

dated July 12, 2024 (EASA AD 2024– 

0140) (also referred to as the MCAI), to 

correct an unsafe condition for all ATR– 

GIE Avions de Transport Re ́gional 

Model ATR42–200, –300, –320, –400, 

and –500 airplanes; and Model ATR72– 

101, –102, –201, –202, –211, –212, and 

–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 during an acceptance flight of 

an airplane fitted with an affected part, 

an issue has been identified on the stall 

warning system. Further investigation 

highlighted an insufficient accuracy of 

the affected parts at low airspeeds, 

which could lead to a delayed activation 

of the stick pusher in a flaps-extended 

configuration. This condition, if not 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Proposed Rules 89939 

corrected, in combination with flight at 

a high angle of attack, could lead to nonactivation of the stick pusher and 

ultimately to a loss of control 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 regulations.gov under 

Docket No. FAA–2024–2409. 

Material Incorporated by Reference 

Under 1 CFR Part 51 

EASA AD 2024–0140 specifies 

procedures for replacing each Angle of 

Attack (AoA) probe having Part Number 

(P/N) 0861GP with a serviceable part 

and would also prohibit the installation 

of the affected part. 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 2024–0140 described 

previously. 

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 2024–0140 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2024–0140 

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 2024–0140 does not mean 

that operators need to 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 2024–0140. 

Material required by EASA AD 2024– 

0140 for compliance will be available at 

regulations.gov under Docket No. FAA– 

2024–2409 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 ACTIONS

Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Up to 5 work-hours × $85 per hour = $425 ......................................................... Up to $151,633 ..... Up to $152,058 ..... Up to $11,708,466. 

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–2024–2409; Project 

Identifier MCAI–2024–00410–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by December 30, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all ATR—GIE Avions 

de Transport Re ́gional Model ATR42–200, 

–300, –320, and –500 airplanes; and Model 

ATR72–101, –102, –201, –202, –211, –212, 

and –212A airplanes, certificated in any 

category. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
89940 Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Proposed Rules 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27, Flight controls. 

(e) Unsafe Condition 

This AD was prompted by the insufficient 

accuracy of a certain Angle of Attack (AoA) 

probe at low airspeeds which could lead to 

a delayed activation of the stick pusher in 

flaps-extended configuration. The FAA is 

issuing this AD to address this unsafe 

condition, which if not addressed, could, in 

combination with flight at a high angle of 

attack, result in non-activation of the stick 

pusher and ultimately to a 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) and (i) 

of this AD: Comply with all required actions 

and compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2024–0140, dated 

July 12, 2024 (EASA AD 2024–0140). 

(h) Exceptions to EASA AD 2024–0140 

(1) Where EASA AD 2024–0140 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Where EASA AD 2024–0140 defines a 

serviceable part as ‘‘AoA probe, eligible for 

installation, in accordance with ATR 

instructions, which is not an affected part,’’ 

for this AD replace that text with ‘‘AoA 

probe, eligible for installation, which is not 

an affected part.’’ 

(3) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2024–0140. 

(i) No Reporting Requirement 

Although the material referenced in EASA 

AD 2024–0140 requires the submittal of 

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: 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. 

(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 

shahram.daneshmandi@faa.gov. 

(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 2024–0140, dated July 12, 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 ADs@easa.europa.eu; 

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-locationsoremailfr.inspection@nara.gov. 

Issued on November 7, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–26260 Filed 11–13–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1001] 

RIN 1625–AA00 

Safety Zone; Bay St. Louis, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish an annually recurring safety 

zone for certain waters of St. Louis Bay. 

This action is necessary to provide for 

the safety of life on these navigable 

waters near Bay St. Louis, MS during 

the Swim Across the Bay swim event. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port Mobile or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before December 16, 2024. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2024–1001 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. This notice of proposed 

rulemaking with its plain-language, 100- 

word-or-less proposed rule summary 

will be available in this same docket. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Lawrence J. Schad, Waterways 

Management Division, Sector Mobile, 

U.S. Coast Guard, telephone 251–441– 

5678, email sectormobilewaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On July 11, 2024, an organization 

notified the Coast Guard that it will be 

conducting Swim Across the Bay, an 

annual recurring swim event that will 

occur on the 3rd or 4th Saturday or 

Sunday of September in St. Louis Bay. 

The Captain of the Port Sector Mobile 

(COTP) has determined that potential 

hazards associated with the swim event 

would be a safety concern for nonparticipants within the designated area, 

extending the entire width of the 

channel, approximately 1 mile south of 

the Hwy. 90 Bridge in Bay St. Louis, 

MS. 

The purpose of this rulemaking is to 

ensure the safety of participants, 

authorized vessels, and the navigable 

waters within the course of the swim 

before, during and after the scheduled 

marine event. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

permanent safety zone to protect 


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