[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