Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes, 67908-67910 [2024-18751]
Download as PDF
67908
Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Proposed Rules
Dated: August 2, 2024.
Sherry R. Haywood,
Assistant Secretary.
Nellie Liang,
Under Secretary for Domestic Finance.
Issued in Washington, DC, on August 8,
2024, by the Commodity Futures Trading
Commission.
Christopher Kirkpatrick,
Secretary of the Commodity Futures Trading
Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix A—Concurring Statement of
CFTC Commissioner Caroline D. Pham
I respectfully concur on the Notice of
Proposed Rulemaking on the Financial Data
Transparency Act (FDTA) Joint Data
Standards (‘‘Joint Data Standards Proposal’’)
to require each respective agency to
implement certain data standards for its
regulated entities because there is
insufficient discussion of the impact and
costs associated with the adoption of these
new data standards that will apply across the
banking and financial services sector
(including small entities as set forth under
the Regulatory Flexibility Act). While I
support the FDTA’s mandate, I believe the
Joint Data Standards Proposal would be
improved by addressing head-on the
elephant in the room—the very real costs that
will be imposed on potentially tens of
thousands of firms of all sizes that will
eventually have to update their systems and
records to adhere to the new data standards.
I encourage all commenters to address the
costs and benefits of the Joint Data Standards
Proposal, including the necessary future
agency rulemakings that will subsequently
follow. I thank Ted Kaouk, Tom Guerin,
Jeffrey Burns, and the staff of the CFTC, and
all the other agencies for their efforts on this
proposal.
[FR Doc. 2024–18415 Filed 8–21–24; 8:45 am]
BILLING CODE 6210–01–P; 4810–33–P; 6714–01–P;
7535–01–P; 4810–AM–P; 8070–01–P; 6351–01–P; 8011–
01–P; 4810–AK–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2129; Project
Identifier MCAI–2024–00066–T]
ddrumheller on DSK120RN23PROD with PROPOSALS1
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Régional
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
SUMMARY:
VerDate Sep<11>2014
17:05 Aug 21, 2024
Jkt 262001
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.
• 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.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
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
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
E:\FR\FM\22AUP1.SGM
22AUP1
67909
Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Proposed Rules
after this as the MCAI), to correct an
unsafe condition on certain ATR—GIE
Avions de Transport Régional Model
ATR42–200, –300, –320, and –500
airplanes; and Model ATR72–101, –102,
–201, –202, –211, –212, and –212A
airplanes. The MCAI states that it was
identified that for airplanes converted
from passenger to cargo configuration
using EASA Supplemental Type
Certificate (STC) 10069551, Revision 1
(EASA STC 10069551, Revision 0,
corresponds to FAA STC ST04602NY),
or the previous EASA STC 2004–2872
(which corresponds to FAA STC S116–
004NM, Revision 1), no height
limitation for the cargo, when loaded in
the cargo compartment, is defined.
Consequently, operators of such
airplanes may load the cargo up to the
ceiling of the cargo compartment and,
therefore, potentially 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.
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:
ddrumheller on DSK120RN23PROD with PROPOSALS1
ESTIMATED COSTS FOR REQUIRED ACTIONS
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.
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.
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
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,
VerDate Sep<11>2014
17:05 Aug 21, 2024
Jkt 262001
Regulatory Findings
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
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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67910
Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Proposed Rules
ATR—GIE Avions de Transport Régional:
Docket No. FAA–2024–2129; Project
Identifier MCAI–2024–00066–T.
(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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(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).
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17:05 Aug 21, 2024
Jkt 262001
(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 DOAauthorized 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
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
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]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2019; Project
Identifier MCAI–2023–00909–T]
RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus Canada Limited
Partnership Model BD–500–1A10 and
BD–500–1A11 airplanes. This proposed
AD was prompted by a design review
that found insufficient clearance
between fire extinguishing system
(FIREX) lines and certain fasteners in
the center mid-fuselage area. This
proposed AD would require an
inspection for positioning and sufficient
clearance of certain fasteners in certain
fuselage and keel beam areas, an
inspection for damage of the fire
extinguishing lines, and applicable
corrective actions, as specified in a
Transport Canada AD, which is
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
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
DATES:
E:\FR\FM\22AUP1.SGM
22AUP1
Agencies
[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Proposed Rules]
[Pages 67908-67910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18751]
=======================================================================
-----------------------------------------------------------------------
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
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
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.
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 Galil[eacute]e, 9 Bd Henri Ziegler,
31700 Blagnac France; telephone 33 (0)1 56 54 42 30; email
[email protected].
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 [email protected].
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
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
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
[[Page 67909]]
after this as the MCAI), to correct an unsafe condition on certain
ATR--GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, -
320, and -500 airplanes; and Model ATR72-101, -102, -201, -202, -211, -
212, and -212A airplanes. The MCAI states that it was identified that
for airplanes converted from passenger to cargo configuration using
EASA Supplemental Type Certificate (STC) 10069551, Revision 1 (EASA STC
10069551, Revision 0, corresponds to FAA STC ST04602NY), or the
previous EASA STC 2004-2872 (which corresponds to FAA STC S116-004NM,
Revision 1), no height limitation for the cargo, when loaded in the
cargo compartment, is defined. Consequently, operators of such
airplanes may load the cargo up to the ceiling of the cargo compartment
and, therefore, potentially 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.
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:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $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
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:
[[Page 67910]]
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2024-
2129; Project Identifier MCAI-2024-00066-T.
(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 R[eacute]gional
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: [email protected]. 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
[email protected].
(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 Galil[eacute]e, 9 Bd Henri Ziegler, 31700
Blagnac France; telephone 33 (0)1 56 54 42 30; email
[email protected].
(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 [email protected].
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]
BILLING CODE 4910-13-P