[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Proposed Rules]
[Pages 36775-36778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13097]


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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]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt 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 proposed 
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 proposed AD would 
require 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 
proposed AD would also require revising the existing airplane flight 
manual (AFM) to include emergency procedures, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 5, 
2022.

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 https://www.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.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this material on the EASA website at 
https://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 in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0688.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating 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 NPRM, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for Docket 
Operations is listed above.

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:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0688; Project Identifier 
MCAI-2022-00409-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

[[Page 36776]]

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 NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, 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 NPRM. Submissions containing CBI should be sent to 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]. 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 2022-0050, dated March 22, 2022 
(EASA AD 2022-0050) (also referred to as the MCAI), to correct an 
unsafe condition 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 328-
300 airplanes.
    This proposed AD was prompted by a safety analysis 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. The FAA 
is proposing this AD to address the potential risk of an in-flight fire 
of the lithium batteries installed in the PED, which could result in an 
oxygen fed fire in the flight deck, possibly resulting in an 
uncontrolled fire. See the MCAI for additional background information.

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 airplane flight manual (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.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0050 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.
    EASA AD 2022-0050 requires operators to ``inform all flight crews'' 
of revisions to the AFM, and thereafter to ``operate the aeroplane 
accordingly.'' However, this proposed AD would not specifically require 
those actions as those actions are already required by FAA regulations. 
FAA regulations require operators furnish to pilots any changes to the 
AFM (for example, 14 CFR 121.137), and to ensure the pilots are 
familiar with the AFM (for example, 14 CFR 91.505). As with any other 
flight crew training requirement, training on the updated AFM content 
is tracked by the operators and recorded in each pilot's training 
record, which is available for the FAA to review. FAA regulations also 
require pilots to follow the procedures in the existing AFM including 
all updates. 14 CFR 91.9 requires that any person operating a civil 
aircraft must comply with the operating limitations specified in the 
AFM. Therefore, including a requirement in this proposed AD to operate 
the airplane according to the revised AFM 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, the 
FAA proposes to incorporate EASA AD 2022-0050 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0050 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2022-0050 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 2022-
0050. Service information required by EASA AD 2022-0050 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0688 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 35 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 36777]]



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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

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

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 5, 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.
    (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 existing 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)(2) 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) Related Information

    (1) For EASA AD 2022-0050, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet

[[Page 36778]]

www.easa.europa.eu. You may find this EASA AD on the EASA website at 
https://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. This material may be 
found in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0688.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
telephone 206-231-3228; email [email protected].

    Issued on June 14, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-13097 Filed 6-17-22; 8:45 am]
BILLING CODE 4910-13-P