89 FR 163 pgs. 67908-67910 - Airworthiness Directives; ATR—GIE Avions de Transport Régional Airplanes
Type: PRORULEVolume: 89Number: 163Pages: 67908 - 67910
Pages: 67908, 67909, 67910Docket number: [Docket No. FAA-2024-2129; Project Identifier MCAI-2024-00066-T]
FR document: [FR Doc. 2024-18751 Filed 8-21-24; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2129; Project Identifier MCAI-2024-00066-T]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport Régional 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 Régional Model ATR42 and ATR72 airplanes. This proposed AD was prompted by a report that for airplanes converted from passenger to cargo configuration using certain supplemental type certificates, no height limitation for the cargo, when loaded in the cargo compartment, is defined, and that as a consequence, cargo might be loaded up to the ceiling of the cargo compartment. This proposed AD would require modification of the cargo compartment and implementation of updated cargo loading procedures. 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 October 7, 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.
• 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-2024-2129; 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 Sabena Technics material identified in this proposed AD, contact Sabena Technics BGC, Le Galilée, 9 Bd Henri Ziegler, 31700 Blagnac France; telephone 33 (0)1 56 54 42 30; email airworthiness.office@sabenatechnics.com.
• 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-2024-2129; Project Identifier MCAI-2024-00066-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 the 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
[top] The European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2024-0025, dated January 24, 2024 (EASA AD 2024-0025) (also referred to
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-2024-2129.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed Sabena Technics Airworthiness Technical Instructions 0110-09-A-ATI-F01-R00; and 0110-11-A-ATI-F01-R00, both dated September 19, 2023. This material describes procedures for modifying the cargo compartment (installing a label and tape to indicate maximum cargo height). These documents are distinct since they apply to different airplane models.
The FAA also reviewed Sabena Technics Weight & Balance Manual Supplement 0110-09-A-2305-R06, Revision 06, dated September 15, 2023; and Sabena Technics Weight & Balance Manual Supplement 0110-11-A-2305-R07, Revision 07, dated September 15, 2023. Section 2.9., "Cargo Compartment-Loading Limitation," of Sabena Technics Weight & Balance Manual Supplement 0110-09-A-2305-R06, Revision 06, dated September 15, 2023; and section 2.11., "Cargo Compartment-Loading Limitation," of Sabena Technics Weight & Balance Manual Supplement 0110-11-A-2305-R07, Revision 07, dated September 15, 2023; describe the maximum cargo height in the cargo compartment. These documents are distinct since they apply to different airplane models.
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 and material referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified in the material already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would affect 2 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD:
| Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
|---|---|---|---|
| 8 work-hours × $85 per hour = $680 | $100 | $780 | $1,560 |
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.
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:
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(a) Comments Due Date
The FAA must receive comments on this airworthiness directive (AD) by October 7, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to ATR-GIE Avions de Transport Régional airplanes identified in paragraphs (c)(1) and (2) of this AD, modified in accordance with FAA Supplemental Type Certificate (STC) ST116-004NM or STC ST04602NY, certificated in any category,
(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 11, Placards and Marking.
(e) Unsafe Condition
This AD was prompted by a report that for airplanes converted from passenger to cargo configuration using certain supplemental type certificates no height limitation for the cargo, when loaded in the cargo compartment, is defined, and that as a consequence, cargo may be loaded up to the ceiling of the cargo compartment. The FAA is issuing this AD to address cargo being loaded up to the ceiling of the cargo compartment, which could affect the proper functioning of the smoke detectors. This condition, if not corrected, could lead to smoke not being detected in time, possibly resulting in an uncontrolled fire.
(f) Compliance
Comply with this AD within the compliance times specified, unless already done.
(g) Modification of Cargo Compartment
Within 6 months after the effective date of this AD, modify the cargo compartment in accordance with the Accomplishment Instructions of Sabena Technics Airworthiness Technical Instructions 0110-09-A-ATI-F01-R00, dated September 19, 2023 (for Model ATR42 airplanes); or Sabena Technics Airworthiness Technical Instructions 0110-11-A-ATI-F01-R00, dated September 19, 2023 (for Model ATR72 airplanes).
(h) Revision of Weight and Balance Manual
Prior to or concurrently with accomplishing the actions required by paragraph (g) of this AD, implement the cargo loading procedures specified in Section 2.9., "Cargo Compartment-Loading Limitation," of Sabena Technics Weight & Balance Manual Supplement 0110-09-A-2305-R06, Revision 06, dated September 15, 2023 (for Model ATR42 airplanes); or Section 2.11., "Cargo Compartment-Loading Limitation," of Sabena Technics Weight & Balance Manual Supplement 0110-11-A-2305-R07, Revision 07, dated September 15, 2023 (for Model ATR72 airplanes).
(i) No Reporting Requirement
Although Sabena Technics Airworthiness Technical Instructions 0110-09-A-ATI-F01-R00; and 0110-11-A-ATI-F01-R00; both dated September 19, 2023; specify 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, mail it to the address identified in paragraph (k) 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 the European Union Aviation Safety Agency (EASA); or Sabena Technic BGC'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 (IBR) 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) Sabena Technics Airworthiness Technical Instructions 0110-09-A-ATI-F01-R00, dated September 19, 2023.
(ii) Sabena Technics Airworthiness Technical Instructions 0110-11-A-ATI-F01-R00, dated September 19, 2023.
(iii) Sabena Technics Weight & Balance Manual Supplement 0110-09-A-2305-R06, Revision 06, dated September 15, 2023. This document has the revision level and date on page 2; no other page of the document has this information.
(iv) Sabena Technics Weight & Balance Manual Supplement 0110-11-A-2305-R07, Revision 07, dated September 15, 2023. This document has the revision level and date on page 2; no other page of the document has this information.
(3) For Sabena Technics material identified in this AD, contact Sabena Technics BGC, Le Galilée, 9 Bd Henri Ziegler, 31700 Blagnac France; telephone 33 (0)1 56 54 42 30; email airworthiness.office@sabenatechnics.com.
(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 August 16, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2024-18751 Filed 8-21-24; 8:45 am]
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