Rule2022-24514
Airworthiness Directives; Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 10, 2022
Effective
December 15, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24514]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#27666354674246544609425255485746094252"><span class="__cf_email__" data-cfemail="8bcacff8cbeeeaf8eaa5eefef9e4fbeaa5eefe">[email protected]</span></a>; 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
<a href="http://regulations.gov">regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#3d6952595913695552504d4e52537d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="86d2e9e2e2a8d2eee9ebf6f5e9e8c6e0e7e7a8e1e9f0">[email protected]</span></a>.
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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#8fb6a2ced9dca2cec6dda2b8bcbfa2cec2c0cccfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="2e17036f787d036f677c03191d1e036f63616d6e484f4f00494158">[email protected]</span></a>.
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 <a href="/cdn-cgi/l/email-protection#65310a01014b310d0a0815160a0b250304044b020a13"><span class="__cf_email__" data-cfemail="11457e75753f45797e7c61627e7f517770703f767e67">[email protected]</span></a>.
(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
<a href="/cdn-cgi/l/email-protection#5a1b1e291a3f3b293b743f2f28352a3b743f2f"><span class="__cf_email__" data-cfemail="e3a2a790a386829082cd8696918c9382cd8696">[email protected]</span></a>; 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
<a href="/cdn-cgi/l/email-protection#c6a0b4e8afa8b5b6a3a5b2afa9a886a8a7b4a7e8a1a9b0"><span class="__cf_email__" data-cfemail="c8aebae6a1a6bbb8adabbca1a7a688a6a9baa9e6afa7be">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.