[Federal Register Volume 90, Number 164 (Wednesday, August 27, 2025)]
[Rules and Regulations]
[Pages 41766-41769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16401]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-2267; Project Identifier MCAI-2025-00819-T;
Amendment 39-23125; AD 2025-17-15]
RIN 2120-AA64
Airworthiness Directives; ATR--GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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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 ATR42-500
and ATR72-212A airplanes. This AD was prompted by a finding that
dispatch with a failed main hydraulic pump under the provisions of a
certain master minimum equipment list (MMEL) item, combined with
failure of the DC EMER BUS, could lead to failure of multiple system
losses. This AD requires revising the existing minimum equipment list
(MEL) to incorporate new provisions to ensure appropriate actions are
taken when the airplane is dispatched with one inoperative main
hydraulic pump. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 11, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
11, 2025.
The FAA must receive comments on this AD by October 14, 2025.
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-2025-2267; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For European Union Aviation Safety Agency (EASA) material
identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999 000; email [email protected].
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-2025-2267.
FOR FURTHER INFORMATION CONTACT: John A. Massey, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7320; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments using a method listed under
the ADDRESSES section. Include ``Docket No. FAA-2025-2267; Project
Identifier MCAI-2025-00819-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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 final rule.
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 AD contain commercial
or financial information
[[Page 41767]]
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to this AD, 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 AD. Submissions
containing CBI should be sent to John A. Massey, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7320; 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 2025-0103, dated May 5, 2025 (EASA
AD 2025-0103) (also referred to as the MCAI), to correct an unsafe
condition for ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
500 and ATR72-212A airplanes with the new avionics suite (glass
flightdeck) installed by modification 05948. The MCAI states that a
review of the MMEL identified that, under the provisions of MMEL item
29-11-01 for dispatch with a failed main hydraulic (HYD) pump,
specifically the GREEN HYD Pump, a failure of the DC EMER BUS could
lead to multiple system losses, including loss of control of the BLUE
HYD Pump (electrically controlled by the DC EMER BUS), loss of nose
wheel steering (powered by the DC EMER BUS), and complete loss of
control of the rudder travel limitation unit (TLU) in both auto and
manual modes. These failures could result in reduced airplane
controllability on the ground during landing.
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-2025-2267.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2025-0103, which specifies procedures for
revising the existing MEL by providing instructions to ensure
appropriate actions are taken when the airplane is dispatched with an
inoperative main hydraulic pump. 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
These products have been approved by the civil aviation authority
of another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, that authority has notified the FAA of the unsafe condition
described in the MCAI referenced above. The FAA is issuing this AD
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2025-0103 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
Compliance With MEL Revisions
EASA AD 2025-0103 requires operators to ``inform all flight crews''
of revisions to the MEL, and thereafter to ``operate the aeroplane
accordingly.'' However, this AD does not specifically require those
actions as those actions are already required by FAA regulations. FAA
regulations (14 CFR 121.628(a)(2)) require operators to provide pilots
with access to all the information contained in the operator's MEL.
Furthermore, Sec. 121.628(a)(5) requires airplanes to be operated
under all applicable conditions and limitations contained in the
operator's MEL. Therefore, including a requirement in this AD to
operate the airplane according to the revised MEL would be redundant
and unnecessary.
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,
EASA AD 2025-0103 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2025-0103 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2025-0103 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
2025-0103. Material required by EASA AD 2025-0103 for compliance will
be available at regulations.gov under Docket No. FAA-2025-2267 after
this AD is published.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because dispatch with an inoperative main hydraulic pump (GREEN HYD
Pump (A)), in combination with a failed emergency bus, could lead to
complete loss of control of the only remaining hydraulic pump (BLUE HYD
Pump (B)), nose wheel steering, and rudder TLU, which could result in
reduced controllability of the airplane on the ground during landing.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
[[Page 41768]]
Costs of Compliance
The FAA estimates that this AD affects 22 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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1 work-hours x $85 per hour = $170............. None $85 $1,870
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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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2025-17-15 ATR--GIE Avions de Transport R[eacute]gional: Amendment
39-23125; Docket No. FAA-2025-2267; Project Identifier MCAI-2025-
00819-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 11,
2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 and ATR72-212A airplanes, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2025-0103, dated May 5, 2025 (EASA AD 2025-0103).
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
Power.
(e) Unsafe Condition
This AD was prompted by a finding that dispatch with a failed
main hydraulic pump under the provisions of a certain master minimum
equipment list (MMEL) item, combined with failure of the emergency
bus, could lead to multiple system losses, including loss of the
only remaining hydraulic pump and nose wheel steering and complete
loss of control of the rudder travel limitation unit (TLU). The FAA
is issuing this AD to address these multiple system losses, which
could result in reduced controllability of the airplane on the
ground during landing.
(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, EASA AD 2025-0103.
(h) Exceptions to EASA AD 2025-0103
(1) Where EASA AD 2025-0103 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2025-0103 specifies to
``implement the instructions of the MMEL items'', this AD requires
replacing that text with ``revise the operator's existing FAA-
approved MEL by incorporating the information identified in ``The
MMEL items'' ''.
(3) Where paragraph (1) of EASA AD 2025-0103 specifies to
``inform all flight crews, and thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations
(see 14 CFR 121.628(a)(2) and (5)).
(4) This AD does not adopt paragraph (2) of EASA AD 2025-0103.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2025-0103.
(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 John A. Massey,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516-228-7320; email: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of
[[Page 41769]]
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 2025-0103,
dated May 5, 2025.
(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]. 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 August 20, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-16401 Filed 8-25-25; 4:15 pm]
BILLING CODE 4910-13-P