[Federal Register Volume 90, Number 51 (Tuesday, March 18, 2025)]
[Rules and Regulations]
[Pages 12455-12457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04389]
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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;
Amendment 39-22983; AD 2025-05-11]
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 all
ATR--GIE Avions de Transport R[eacute]gional Model ATR42 and ATR72
airplanes. 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. This AD requires an inspection (i.e., weight check) and
replacement, as applicable, of certain lavatory compartment fire
extinguishers, and also prohibits the installation of affected parts,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference (IBR). The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective April 22, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 22,
2025.
ADDRESSES:
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 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 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.
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-2024-2330.
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 all 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. The NPRM published in the Federal Register on October 10,
2024 (89 FR 82190). The NPRM was prompted by AD 2024-0132, dated July
9, 2024, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2024-0132) (also referred to as
the MCAI). 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.
In the NPRM, the FAA proposed to require an inspection (i.e.,
weight check) and replacement, as applicable, of certain lavatory
compartment fire extinguishers, as specified in EASA AD 2024-0132. The
NPRM also proposed to prohibit the installation of affected parts, as
specified in EASA AD 2024-0132. 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-2024-2330.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
The FAA received additional comments from an individual. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Revise Applicability
An individual requested that the FAA exclude certain airplanes from
the proposed AD. The commenter stated the proposed AD is redundant if
an aircraft has at least one additional fire extinguisher on board. The
commenter stated that if the AD was narrowly written, it would not
apply to aircraft that have at least one non-affected fire extinguisher
on the aircraft and that while the proposed AD prioritizes safety, it
is highly burdensome. The commenter stated that the AD should be
inapplicable to aircraft that have multiple fire extinguishers.
The FAA disagrees with this request. The AD requires inspection and
replacement of a specific lavatory fire extinguisher with a known
manufacturing defect. In addition, 14
[[Page 12456]]
CFR 121.308 requires that each lavatory on all passenger-carrying
airplanes be equipped with a built-in fire extinguisher for each
disposal receptacle. Even if there are other non-affected fire
extinguishers on an airplane, that airplane must still have a
functional fire extinguisher in each lavatory. Therefore, the AD is
necessary to address a known unsafe condition. The FAA has not changed
this AD as a result of this comment.
Additional Changes Made to This AD
In the NPRM, the FAA inadvertently included reference to paragraph
(i) of this AD in paragraph (g) of this AD. The FAA has revised
paragraph (g) of this AD to remove the unneeded reference to paragraph
(i) of this AD.
Further, the FAA has revised the applicability to remove the
reference to ``as identified in European Union Aviation Safety Agency
AD 2024-0132, dated July 9, 2024 (EASA AD 2024-0132).'' The FAA removed
this statement as it is unnecessary because all airplanes are already
captured without needing to reference the EASA AD. This further
clarifies that ATR42-400 airplanes are not part of the applicability as
Model ATR42-400 airplanes are not certificated by the FAA and are not
included on the U.S. type certificate data sheet.
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, and any other changes described previously, 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
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.
Costs of Compliance
The FAA estimates this AD affects 77 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Action
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
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1 work-hour x $85 per hour = $85.............. $0 $85 $6,545
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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
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Labor cost Parts cost Cost per product
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1 work-hour x $85 per hour = $85 $640 $725
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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(f), 40113, 44701.
[[Page 12457]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2025-05-11 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-22983; Docket No. FAA-2024-2330; Project Identifier MCAI-2024-
00393-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 22, 2025.
(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.
(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.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2024-0132, dated July 9, 2024 (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,'' this AD requires replacing 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/ibr-locations, or email [email protected].
Issued on March 6, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-04389 Filed 3-17-25; 8:45 am]
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