[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97477-97480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28789]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2129; Project Identifier MCAI-2024-00066-T;
Amendment 39-22889; AD 2024-23-10]
RIN 2120-AA64
Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42 and
ATR72 airplanes. 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 might be loaded up to the ceiling of the cargo
compartment. This AD
[[Page 97478]]
requires modification of the cargo compartment and implementation of
updated cargo loading procedures. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective January 13, 2025.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 13,
2025.
ADDRESSES:
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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
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].
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. It is also available at regulations.gov under
Docket No. FAA-2024-2129.
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:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain ATR--GIE Avions
de Transport R[eacute]gional Model ATR42 and ATR72 airplanes. The NPRM
published in the Federal Register on August 22, 2024 (89 FR 67908). The
NPRM was prompted by AD 2024-0025, dated January 24, 2024, issued by
the European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union (referred
to after this as the MCAI). 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.
In the NPRM, the FAA proposed to require modification of the cargo
compartment and implementation of updated cargo loading procedures. The
FAA is issuing 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Conclusion
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 reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.
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. The maximum cargo height in
the cargo compartment is described 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; 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. 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.
Costs of Compliance
The FAA estimates that this AD affects 2 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost on U.S.
Labor cost Parts cost Cost per product operators
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8 work-hours x $85 per hour = $680.......................... $100 $780 $1,560
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
[[Page 97479]]
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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
2024-23-10 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-22889; Docket No. FAA-2024-2129; Project Identifier MCAI-2024-
00066-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 13, 2025.
(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,
certificated in any category, modified in accordance with FAA
Supplemental Type Certificate (STC) ST116-004NM or STC ST04602NY.
(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.
[[Page 97480]]
(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 November 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-28789 Filed 12-6-24; 8:45 am]
BILLING CODE 4910-13-P