Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes

[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:
    <bullet> 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.
    <bullet> 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
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                  Labor cost                        Parts cost       Cost per product    Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85               $640                $725
------------------------------------------------------------------------

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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