Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes, 89938-89940 [2024-26260]
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89938
Proposed Rules
Federal Register
Vol. 89, No. 220
Thursday, November 14, 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 TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2409; Project
Identifier MCAI–2024–00410–T]
RIN 2120–AA64
Airworthiness Directives; ATR–GIE
Avions de Transport 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 Model ATR72
airplanes. This proposed AD was
prompted by the insufficient accuracy of
a certain Angle of Attack (AoA) probe at
low airspeeds which could lead to a
delayed activation of the stick pusher in
a flaps-extended configuration. This
proposed AD would require replacing
each affected part with a serviceable
part, and would also prohibit the
installation of affected parts, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by December 30,
2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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16:21 Nov 13, 2024
Jkt 265001
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–2409; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material identified in this
proposed AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; website
easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu.
• You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 206–231–3220; email
shahram.daneshmandi@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2024–2409; Project
Identifier MCAI–2024–00410–T’’ at the
beginning of your comments. The most
helpful comments reference a specific
portion of the proposal, explain the
reason for any recommended change,
and include supporting data. The FAA
will consider all comments received by
the closing date and may amend this
proposal because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
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Fmt 4702
Sfmt 4702
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Shahram
Daneshmandi, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206–
231–3220; email
shahram.daneshmandi@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2024–0140,
dated July 12, 2024 (EASA AD 2024–
0140) (also referred to as the MCAI), to
correct an unsafe condition for all ATR–
GIE Avions de Transport Régional
Model ATR42–200, –300, –320, –400,
and –500 airplanes; and Model ATR72–
101, –102, –201, –202, –211, –212, and
–212A airplanes. Model ATR42–400
airplanes are not certificated by the FAA
and are not included on the U.S. type
certificate data sheet; this proposed AD
therefore does not include those
airplanes in the applicability. The MCAI
states that during an acceptance flight of
an airplane fitted with an affected part,
an issue has been identified on the stall
warning system. Further investigation
highlighted an insufficient accuracy of
the affected parts at low airspeeds,
which could lead to a delayed activation
of the stick pusher in a flaps-extended
configuration. This condition, if not
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Proposed Rules
corrected, in combination with flight at
a high angle of attack, could lead to nonactivation of the stick pusher and
ultimately to a loss of control of the
airplane.
The FAA is proposing this AD to
address the unsafe condition on these
products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–2409.
Material Incorporated by Reference
Under 1 CFR Part 51
EASA AD 2024–0140 specifies
procedures for replacing each Angle of
Attack (AoA) probe having Part Number
(P/N) 0861GP with a serviceable part
and would also prohibit the installation
of the affected part. This material is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
EASA AD 2024–0140 described
previously.
Explanation of Required Compliance
Information
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
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate EASA AD 2024–0140 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2024–0140
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
EASA AD 2024–0140 does not mean
that operators need to comply only with
that section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in EASA AD 2024–0140.
Material required by EASA AD 2024–
0140 for compliance will be available at
regulations.gov under Docket No. FAA–
2024–2409 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 77
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
Cost on U.S.
operators
Up to 5 work-hours × $85 per hour = $425 .........................................................
Up to $151,633 .....
Up to $152,058 .....
Up to $11,708,466.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
VerDate Sep<11>2014
16:21 Nov 13, 2024
Jkt 265001
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:
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Sfmt 4702
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
ATR–GIE Avions de Transport Régional:
Docket No. FAA–2024–2409; Project
Identifier MCAI–2024–00410–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by December 30,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all ATR—GIE Avions
de Transport Régional Model ATR42–200,
–300, –320, and –500 airplanes; and Model
ATR72–101, –102, –201, –202, –211, –212,
and –212A airplanes, certificated in any
category.
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Proposed Rules
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight controls.
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(e) Unsafe Condition
This AD was prompted by the insufficient
accuracy of a certain Angle of Attack (AoA)
probe at low airspeeds which could lead to
a delayed activation of the stick pusher in
flaps-extended configuration. The FAA is
issuing this AD to address this unsafe
condition, which if not addressed, could, in
combination with flight at a high angle of
attack, result in non-activation of the stick
pusher and ultimately to a loss of control of
the airplane.
(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.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) and (i)
of this AD: Comply with all required actions
and compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2024–0140, dated
July 12, 2024 (EASA AD 2024–0140).
(h) Exceptions to EASA AD 2024–0140
(1) Where EASA AD 2024–0140 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where EASA AD 2024–0140 defines a
serviceable part as ‘‘AoA probe, eligible for
installation, in accordance with ATR
instructions, which is not an affected part,’’
for this AD replace that text with ‘‘AoA
probe, eligible for installation, which is not
an affected part.’’
(3) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0140.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(i) No Reporting Requirement
Although the material referenced in EASA
AD 2024–0140 requires the submittal of
certain information to the manufacturer, this
AD does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (k) of this AD and
email to: AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or EASA; or ATR—GIE Avions
de Transport Régional’s EASA Design
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16:21 Nov 13, 2024
Jkt 265001
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the material listed in this paragraph under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2024–0140, dated July 12, 2024.
(ii) [Reserved]
(3) For EASA material identified in this
AD, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locationsoremailfr.inspection@nara.gov.
Issued on November 7, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–26260 Filed 11–13–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–1001]
RIN 1625–AA00
Safety Zone; Bay St. Louis, MS
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish an annually recurring safety
zone for certain waters of St. Louis Bay.
This action is necessary to provide for
the safety of life on these navigable
waters near Bay St. Louis, MS during
the Swim Across the Bay swim event.
This proposed rulemaking would
SUMMARY:
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Fmt 4702
Sfmt 4702
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port Mobile or a
designated representative. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 16, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–1001 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Lawrence J. Schad, Waterways
Management Division, Sector Mobile,
U.S. Coast Guard, telephone 251–441–
5678, email sectormobilewaterways@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On July 11, 2024, an organization
notified the Coast Guard that it will be
conducting Swim Across the Bay, an
annual recurring swim event that will
occur on the 3rd or 4th Saturday or
Sunday of September in St. Louis Bay.
The Captain of the Port Sector Mobile
(COTP) has determined that potential
hazards associated with the swim event
would be a safety concern for nonparticipants within the designated area,
extending the entire width of the
channel, approximately 1 mile south of
the Hwy. 90 Bridge in Bay St. Louis,
MS.
The purpose of this rulemaking is to
ensure the safety of participants,
authorized vessels, and the navigable
waters within the course of the swim
before, during and after the scheduled
marine event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
permanent safety zone to protect
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Agencies
[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Proposed Rules]
[Pages 89938-89940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26260]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 /
Proposed Rules
[[Page 89938]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2409; Project Identifier MCAI-2024-00410-T]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
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
Model ATR72 airplanes. This proposed AD was prompted by the
insufficient accuracy of a certain Angle of Attack (AoA) probe at low
airspeeds which could lead to a delayed activation of the stick pusher
in a flaps-extended configuration. This proposed AD would require
replacing each affected part with a serviceable part, and would also
prohibit the installation of affected parts, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by December
30, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2409; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For EASA material identified in this proposed AD, contact
EASA, 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.
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-2024-2409;
Project Identifier MCAI-2024-00410-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3220; email
[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 2024-0140, dated July 12, 2024 (EASA
AD 2024-0140) (also referred to as the MCAI), to correct an unsafe
condition for all ATR-GIE Avions de Transport R[eacute]gional Model
ATR42-200, -300, -320, -400, and -500 airplanes; and Model ATR72-101, -
102, -201, -202, -211, -212, and -212A airplanes. Model ATR42-400
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this proposed AD therefore does not
include those airplanes in the applicability. The MCAI states that
during an acceptance flight of an airplane fitted with an affected
part, an issue has been identified on the stall warning system. Further
investigation highlighted an insufficient accuracy of the affected
parts at low airspeeds, which could lead to a delayed activation of the
stick pusher in a flaps-extended configuration. This condition, if not
[[Page 89939]]
corrected, in combination with flight at a high angle of attack, could
lead to non-activation of the stick pusher and ultimately to a loss of
control of the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2409.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0140 specifies procedures for replacing each Angle of
Attack (AoA) probe having Part Number (P/N) 0861GP with a serviceable
part and would also prohibit the installation of the affected part.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2024-0140 described previously.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2024-0140 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0140 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2024-0140 does not mean that
operators need to comply only with that section. For example, where the
AD requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2024-
0140. Material required by EASA AD 2024-0140 for compliance will be
available at regulations.gov under Docket No. FAA-2024-2409 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 77 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 5 work-hours x $85 per hour = Up to $151,633......... Up to $152,058......... Up to $11,708,466.
$425.
----------------------------------------------------------------------------------------------------------------
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-
2409; Project Identifier MCAI-2024-00410-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 30, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, -320, and -500 airplanes; and
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes,
certificated in any category.
[[Page 89940]]
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Unsafe Condition
This AD was prompted by the insufficient accuracy of a certain
Angle of Attack (AoA) probe at low airspeeds which could lead to a
delayed activation of the stick pusher in flaps-extended
configuration. The FAA is issuing this AD to address this unsafe
condition, which if not addressed, could, in combination with flight
at a high angle of attack, result in non-activation of the stick
pusher and ultimately to a loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2024-0140, dated July 12, 2024 (EASA AD 2024-0140).
(h) Exceptions to EASA AD 2024-0140
(1) Where EASA AD 2024-0140 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where EASA AD 2024-0140 defines a serviceable part as ``AoA
probe, eligible for installation, in accordance with ATR
instructions, which is not an affected part,'' for this AD replace
that text with ``AoA probe, eligible for installation, which is not
an affected part.''
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0140.
(i) No Reporting Requirement
Although the material referenced in EASA AD 2024-0140 requires
the submittal of certain information to the manufacturer, this AD
does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, send it to the attention of the
person identified in paragraph (k) of this AD and email to:
[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.
(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 of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0140,
dated July 12, 2024.
(ii) [Reserved]
(3) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [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 November 7, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-26260 Filed 11-13-24; 8:45 am]
BILLING CODE 4910-13-P