Airworthiness Directives; Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes

[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67783-67785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24514]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0688; Project Identifier MCAI-2022-00409-T; 
Amendment 39-22206; AD 2022-21-07]
RIN 2120-AA64


Airworthiness Directives; Deutsche Aircraft GmbH (Type 
Certificate Previously Held by 328 Support Services GmbH; AvCraft 
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) 
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 
Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support 
Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH) Model 328-100 and -300 airplanes. This AD was prompted 
by a safety analysis that lithium batteries installed in the personal 
electronic devices (PED) are a potential risk of an in-flight fire in 
the flight deck stowage boxes. This AD requires installing a placard 
and stowing the fire gloves on the left-hand (LH) flap door of the 
flight deck step; and installing the placards on the LH and right-hand 
(RH) flight deck stowage boxes. This AD also requires revising the 
operator's existing airplane flight manual (AFM) to include emergency 
procedures, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective December 15, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 15, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0688; 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.

[[Page 67784]]

    Material Incorporated by Reference:
    <bullet> For material incorporated by reference 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 IBR 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 in the AD docket at 
regulations.gov under Docket No. FAA-2022-0688.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206 231 3228; 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 Deutsche Aircraft 
GmbH (Type Certificate Previously Held by 328 Support Services GmbH; 
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) 
Model 328-100 and -300 airplanes. The NPRM published in the Federal 
Register on June 21, 2022 (87 FR 36775). The NPRM was prompted by AD 
2022-0050, dated March 22, 2022, issued by 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 lithium batteries installed in 
the PED are a potential risk of an in-flight fire in the flight deck 
stowage boxes. EASA issued Continuing Airworthiness Review Item (CARI) 
25-09, requesting type certificate holders to investigate the potential 
risk of in-flight fire of lithium batteries installed in PED. The 
investigation was conducted on the effect of a PED fire on a critical 
system component, and the development of smoke in the flight deck. 
Deutsche Aircraft GmbH Model 328-100 and -300 airplanes have the 
stowages for PED located in the proximity of oxygen lines, oxygen mask 
boxes, and other critical system components in the flight deck. The 
safety analysis was performed at all possible locations, and concluded 
that in case of a PED fire, the panels of the side console forward 
stowage may not be able to withstand the released heat, and the oxygen 
supply line can be damaged. This condition, if not corrected, could 
result in an oxygen fed fire in the flight deck, possibly resulting in 
an uncontrolled fire.
    In the NPRM, the FAA proposed to require installing a placard and 
stowing the fire gloves on the LH flap door of the flight deck step; 
and installing the placards on the LH and RH flight deck stowage boxes. 
The NPRM also proposed to require revising the operator's existing AFM 
to include emergency procedures, as specified in EASA AD 2022-0050. 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-2022-0688.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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, 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0050 specifies procedures for installing a ``FIRE 
GLOVES'' pictogram placard and stowing the fire gloves on the LH flap 
door of the flight deck step; and installing the ``NO PED STOWAGE'' 
placards on the LH and RH flight deck stowage boxes. EASA AD 2022-0050 
also specifies revising the operator's existing AFM to include 
emergency procedures to address smoke including PED smoke removal.
    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 35 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................            $350             $520          $18,200
----------------------------------------------------------------------------------------------------------------

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:

[[Page 67785]]

    (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:

2022-21-07 Deutsche Aircraft GmbH (Type Certificate Previously Held 
by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39-22206; Docket 
No. FAA-2022-0688; Project Identifier MCAI-2022-00409-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 15, 
2022.

(b) Affected ADs

    None.

 (c) Applicability

    This AD applies to all Deutsche Aircraft GmbH (Type Certificate 
Previously Held by 328 Support Services GmbH; AvCraft Aerospace 
GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 
and 328-300 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 11, Placards and 
markings and 25, Equipment/furnishings.

(e) Unsafe Condition

    This AD was prompted by a safety analysis that lithium batteries 
installed in personal electronic devices (PED) are a potential risk 
of an in-flight fire in the flight deck stowage boxes. The PED fire 
could spread out of the flight deck stowage boxes to the oxygen 
supply lines and other critical system components. The FAA is 
issuing this AD to address the potential risk of in-flight fire of 
lithium batteries installed in PED, which could result in an oxygen 
fed fire in the flight deck, possibly resulting in an uncontrolled 
fire.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0050, dated March 22, 2022 (EASA AD 2022-0050).

(h) Exceptions to EASA AD 2022-0050

    (1) Where EASA AD 2022-0050 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2022-0050 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 121.137, 91.505, and 91.9).
    (3) Where paragraph (2) of EASA AD 2022-0050 specifies to amend 
or use the airplane flight manual (AFM), replace the text ``amend 
the applicable AFM by incorporating the AFM emergency procedure or 
use the AFM'' with ``amend the applicable AFM by incorporating the 
information specified in the AFM emergency procedure.''
    (4) The ``Remarks'' section of EASA AD 2022-0050 does not apply 
to this AD.

(i) No Reporting Requirements

    Although the service information referenced in EASA AD 2022-0050 
specifies reporting, 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, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person 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, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or Deutsche 
Aircraft GmbH'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 Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206 231 3228; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0050, 
dated March 22, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0050, 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 EASA 
AD 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 that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 3, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24514 Filed 11-9-22; 8:45 am]
BILLING CODE 4910-13-P

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