Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes, 82190-82193 [2024-23432]

Download as PDF 82190 Proposed Rules Federal Register Vol. 89, No. 197 Thursday, October 10, 2024 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. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 982 [Doc. No. AMS–SC–24–0040] Hazelnuts Grown in Oregon and Washington; Continuance Referendum Agricultural Marketing Service, USDA. ACTION: Referendum order. AGENCY: This document directs that a referendum be conducted among eligible Oregon and Washington hazelnut growers to determine whether they favor continuance of the marketing order regulating the handling of hazelnuts grown in Oregon and Washington. DATES: The referendum will be conducted from October 28 through November 18, 2024. Only current hazelnut growers who have grown hazelnuts within the designated production area during the period July 1, 2023, through June 30, 2024, are eligible to vote in this referendum. ADDRESSES: Copies of the marketing order may be obtained from the office of the referendum agents at 1220 SW 3rd Avenue, Suite 305, Portland, Oregon 97212; Telephone: (503) 326–2724; or the Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720–8085; or on the internet https://www.ecfr.gov/current/ title-7/subtitle-B/chapter-IX/part-982. FOR FURTHER INFORMATION CONTACT: Virginia Tjemsland or Barry Broadbent, Northwest Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA, 1220 SW 3rd Avenue, Suite 305, Portland, Oregon 97212; Telephone: (503) 326–2724, or Email: virginia.l.tjemsland@usda.gov or barry.broadbent@usda.gov. SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 982, as amended (7 CFR part 982), hereinafter referred to lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:07 Oct 09, 2024 Jkt 265001 as the ‘‘Order,’’ and the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act,’’ it is hereby directed that a referendum be conducted to ascertain whether continuance of the Order is favored by hazelnut growers. The referendum shall be conducted from October 28 to November 18, 2024, among hazelnut growers in the production area. Only current hazelnut growers that were also engaged in the production of hazelnuts during the period of July 1, 2023, through June 30, 2024, may participate in the continuance referendum. USDA has determined that continuance referenda are an effective means for determining whether growers favor continuation of marketing order programs. USDA would consider termination of the Order if less than two-thirds of growers voting in the referendum, or growers of less than twothirds of the volume represented in the referendum, favor continuance. In evaluating the merits of continuance versus termination, USDA will not exclusively consider the results of the continuance referendum. USDA will also consider all other relevant information concerning the operation of the Order and the relative benefits and costs to growers, handlers, and consumers to determine whether continued operation of the Order would tend to effectuate the declared policy of the Act. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the ballot materials used in the referendum have been approved by the Office of Management and Budget (OMB) and have been assigned OMB No. 0581–0178, Vegetable and Specialty Crops. It has been estimated that it will take an average of 20 minutes for each of the approximately 1,100 Oregon and Washington hazelnut growers to cast a ballot. Participation is voluntary. Ballots postmarked after November 18, 2024, will not be included in the vote tabulation. Virginia Tjemsland and Barry Broadbent of the Northwest Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA, are hereby designated as the referendum agents of the Secretary of Agriculture to conduct this referendum. The procedure applicable to the referendum shall be PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 the ‘‘Procedure for the Conduct of Referenda in Connection with Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended’’ (7 CFR 900.400 through 900.407). Ballots will be mailed to all hazelnut growers of record and may also be obtained from the referendum agents or their appointees. List of Subjects in 7 CFR Part 982 Marketing agreements, Nuts, Reporting and recordkeeping requirements. (Authority: 7 U.S.C. 601–674) Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024–23446 Filed 10–9–24; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–2330; Project Identifier MCAI–2024–00393–T] 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 all ATR—GIE Avions de Transport Régional Model ATR42 and ATR72 airplanes. This proposed AD was prompted by a report of a manufacturing defect identified in the lavatory fire extinguisher. This defect could potentially result in leakage at the eutectic tip, leading to a loss of pressure in the cylinder, making fire extinguishing capabilities ineffective. This proposed AD would require an inspection (i.e., weight check) and replacement, as applicable, of certain lavatory compartment fire extinguishers, and would also prohibit the installation of affected parts, as specified in a European Union Aviation Safety Agency SUMMARY: E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 (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 November 25, 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–2024–2330; 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. It is also available at regulations.gov under Docket No. FAA– 2024–2330. • 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–2024–2330; Project Identifier MCAI–2024–00393–T’’ at the VerDate Sep<11>2014 16:07 Oct 09, 2024 Jkt 265001 82191 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. does not include those airplanes in the applicability. The MCAI states a manufacturing defect was identified in the lavatory fire extinguisher. This defect could potentially result in leakage at the eutectic tip, leading to a loss of pressure in the cylinder, making fire extinguishing capabilities ineffective. This condition, if not detected and corrected, in combination with fire in the lavatory waste bin, could result in the propagation of 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–2024–2330. 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. Material Incorporated by Reference Under 1 CFR Part 51 EASA AD 2024–0132 specifies procedures for the inspection (i.e., weight check) and replacement, if any discrepancy is found (i.e., the measured weight is more than 2.0 grams below the gross weight stated on the product label), of certain lavatory compartment fire extinguishers and prohibits the installation of affected parts. 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. Background EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2024–0132, dated July 9, 2024 (EASA AD 2024– 0132) (also referred to as the MCAI), to correct an unsafe condition for all Model ATR42–200, ATR42–300, ATR42–320, ATR42–400, and ATR42– 500 airplanes; and Model ATR72–101, ATR72–102, ATR72–201, ATR72–202, ATR72–211, ATR72–212, and ATR72– 212A airplanes. Model ATR42–400 airplanes are not certificated by the FAA and are not included on the U.S. type certificate data sheet; this proposed AD therefore PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 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 2024–0132 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 E:\FR\FM\10OCP1.SGM 10OCP1 82192 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Proposed Rules 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 2024–0132 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2024–0132 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 2024–0132 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 2024–0132. Material required by EASA AD 2024– 0132 for compliance will be available at regulations.gov under Docket No. FAA– 2024–2330 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 ACTION Labor cost Parts cost Cost per product Cost on U.S. operators 1 work-hours × $85 per hour = $85 ............................................................................................ $0 $85 $6,545 The FAA estimates the following costs to do any necessary on-condition action that would be required based on the results of any required actions. The FAA has no way of determining the number of aircraft that might need this on-condition action: ESTIMATED COSTS OF ON-CONDITION ACTION Labor cost Parts cost Cost per product 1 work-hour × $85 per hour = $85 .......................................................................................................................... $640 $725 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. lotter on DSK11XQN23PROD with PROPOSALS1 Regulatory Findings 16:07 Oct 09, 2024 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: Jkt 265001 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 Régional: Docket No. FAA–2024–2330; Project Identifier MCAI–2024–00393–T. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by November 25, 2024. (b) Affected ADs None. (c) Applicability This AD applies to all ATR—GIE Avions de Transport Régional Model ATR42–200, ATR42–300, ATR42–320, and ATR42–500 airplanes; and Model ATR72–101, ATR72– 102, ATR72–201, ATR72–202, ATR72–211, ATR72–212, and ATR72–212A airplanes, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2024–0132, dated July 9, 2024 (EASA AD 2024–0132). (d) Subject Air Transport Association (ATA) of America Code 26, Fire protection. (e) Unsafe Condition ■ 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. VerDate Sep<11>2014 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. This AD was prompted by a report of a manufacturing defect identified in the lavatory fire extinguisher. This defect could potentially result in leakage at the eutectic tip, leading to a loss of pressure in the cylinder, making fire extinguishing capabilities ineffective. The FAA is issuing this AD to address this condition, which if not detected and corrected, in combination with fire in the lavatory waste bin, could result in the propagation of an uncontrolled fire. E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Proposed Rules (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2024– 0132. (h) Exceptions to EASA AD 2024–0132 (1) Where EASA AD 2024–0132 refers to its effective date, this AD requires using the effective date of this AD. (2) Where EASA AD 2024–0132 defines a serviceable part as ‘‘Any lavatory (waste bin) compartment fire extinguishers, eligible for installation in accordance with ATR instructions, which is not an affected part,’’ for this AD replace that text with ‘‘Any lavatory (waste bin) compartment fire extinguishers, eligible for installation, which is not an affected part.’’ (3) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2024–0132. (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: 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 Régional’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. lotter on DSK11XQN23PROD with PROPOSALS1 (j) 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. (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 2024–0132, dated July 9, 2024. VerDate Sep<11>2014 16:07 Oct 09, 2024 Jkt 265001 (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 October 4, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–23432 Filed 10–9–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 234, 242, and 252 [Docket DARS–2024–0031] RIN 0750–AL47 Defense Federal Acquisition Regulation Supplement: Cost and Software Data Reporting for Major Weapons Systems (2021–D028) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. AGENCY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement statutory and other policy updates made to the cost and software data reporting requirements for major systems. SUMMARY: Comments on the proposed rule should be submitted in writing to the address shown below on or before December 9, 2024, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2021–D028, using either of the following methods: Æ Federal eRulemaking Portal: https://www.regulations.gov. Search for DFARS Case 2021–D028. Select ‘‘Comment’’ and follow the instructions to submit a comment. Please include ‘‘DFARS Case 2021–D028’’ on any attached documents. DATES: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 82193 Æ Email: osd.dfars@mail.mil. Include DFARS Case 2021–D028 in the subject line of the message. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check https:// www.regulations.gov, approximately two to three days after submission to verify posting. FOR FURTHER INFORMATION CONTACT: Mr. Jon M. Snyder, telephone 703–945– 5341. SUPPLEMENTARY INFORMATION: I. Background DoD is proposing to revise the DFARS to implement 10 U.S.C. 3227(b) and (c) and updates to the DFARS cost and software data reporting requirements made in the Department of Defense Instruction (DoDI) 5000.73, Cost Analysis Guidance and Procedures, and Department of Defense Manual (DoDM) 5000.04, Cost and Software Data Reporting (CSDR). Paragraphs (b) and (c) of 10 U.S.C. 3227 require, unless waived, submission of cost data for contracts expected to exceed $20 million or $50 million for acquisition and sustainment programs expected to exceed $100 million. The data will facilitate cost estimation and comparison across acquisition programs. The changes to the DoDI and the DoDM implement DoDI 5000.02, Operation of the Adaptive Acquisition Framework, which restructured defense acquisition guidance to improve process effectiveness and implement the Adaptive Acquisition Framework. II. Discussion and Analysis This rule proposes to modify DFARS subpart 234.71 to implement 10 U.S.C. 3227(b) and (c) and the updates made to DoDI 5000.73 and DoDM 5000.04 resulting from implementation of the Adaptive Acquisition Framework. This proposed rule amends DFARS subpart 234.71 to establish policy and procedures necessary to implement the updates to DoDI 5000.73 and DoDM 5000.04. The rule also proposes to modify the DFARS to revise cost and software data reporting requirements for contracts above certain thresholds when awarded in support of acquisition or sustainment programs expected to exceed $100 million. This proposed rule modifies DFARS 242.503 to remove cost and software data reporting from postaward conference procedures, because the cost and software data reporting is a separate process. E:\FR\FM\10OCP1.SGM 10OCP1

Agencies

[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Proposed Rules]
[Pages 82190-82193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23432]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2330; Project Identifier MCAI-2024-00393-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 all ATR--GIE Avions de Transport R[eacute]gional Model ATR42 and 
ATR72 airplanes. This proposed AD was prompted by a report of a 
manufacturing defect identified in the lavatory fire extinguisher. This 
defect could potentially result in leakage at the eutectic tip, leading 
to a loss of pressure in the cylinder, making fire extinguishing 
capabilities ineffective. This proposed AD would require an inspection 
(i.e., weight check) and replacement, as applicable, of certain 
lavatory compartment fire extinguishers, and would also prohibit the 
installation of affected parts, as specified in a European Union 
Aviation Safety Agency

[[Page 82191]]

(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 November 
25, 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-2024-2330; 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, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; 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-2024-2330.
     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-2024-2330; 
Project Identifier MCAI-2024-00393-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 
[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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2024-0132, dated July 9, 2024 (EASA 
AD 2024-0132) (also referred to as the MCAI), to correct an unsafe 
condition for all Model ATR42-200, ATR42-300, ATR42-320, ATR42-400, and 
ATR42-500 airplanes; and Model ATR72-101, ATR72-102, ATR72-201, ATR72-
202, ATR72-211, ATR72-212, and ATR72-212A airplanes.
    Model ATR42-400 airplanes are not certificated by the FAA and are 
not included on the U.S. type certificate data sheet; this proposed AD 
therefore does not include those airplanes in the applicability. The 
MCAI states a manufacturing defect was identified in the lavatory fire 
extinguisher. This defect could potentially result in leakage at the 
eutectic tip, leading to a loss of pressure in the cylinder, making 
fire extinguishing capabilities ineffective. This condition, if not 
detected and corrected, in combination with fire in the lavatory waste 
bin, could result in the propagation of 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-2024-2330.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0132 specifies procedures for the inspection (i.e., 
weight check) and replacement, if any discrepancy is found (i.e., the 
measured weight is more than 2.0 grams below the gross weight stated on 
the product label), of certain lavatory compartment fire extinguishers 
and prohibits the installation of affected parts. 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 2024-0132 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

[[Page 82192]]

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 2024-0132 by reference in the FAA final rule. 
This proposed AD would, therefore, require compliance with EASA AD 
2024-0132 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 2024-0132 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-
0132. Material required by EASA AD 2024-0132 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-2330 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 Action
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hours x $85 per hour = $85............................              $0              $85           $6,545
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......            $640             $725
------------------------------------------------------------------------

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-
2330; Project Identifier MCAI-2024-00393-T.

 (a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 25, 2024.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, ATR42-300, ATR42-320, and ATR42-500 
airplanes; and Model ATR72-101, ATR72-102, ATR72-201, ATR72-202, 
ATR72-211, ATR72-212, and ATR72-212A airplanes, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2024-0132, dated July 9, 2024 (EASA AD 2024-0132).

 (d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

 (e) Unsafe Condition

    This AD was prompted by a report of a manufacturing defect 
identified in the lavatory fire extinguisher. This defect could 
potentially result in leakage at the eutectic tip, leading to a loss 
of pressure in the cylinder, making fire extinguishing capabilities 
ineffective. The FAA is issuing this AD to address this condition, 
which if not detected and corrected, in combination with fire in the 
lavatory waste bin, could result in the propagation of an 
uncontrolled fire.

[[Page 82193]]

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, EASA AD 2024-0132.

 (h) Exceptions to EASA AD 2024-0132

    (1) Where EASA AD 2024-0132 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2024-0132 defines a serviceable part as ``Any 
lavatory (waste bin) compartment fire extinguishers, eligible for 
installation in accordance with ATR instructions, which is not an 
affected part,'' for this AD replace that text with ``Any lavatory 
(waste bin) compartment fire extinguishers, eligible for 
installation, which is not an affected part.''
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0132.

 (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: 
[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 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.

 (j) 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].

 (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 2024-0132, 
dated July 9, 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 [email protected]; 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on October 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-23432 Filed 10-9-24; 8:45 am]
BILLING CODE 4910-13-P
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