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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.
Material Incorporated by Reference:
For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may
find this IBR 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 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
Todd.Thompson@faa.gov.
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
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Labor cost
|
Parts cost
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Cost per
product
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Cost on
U.S. operators
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| 2 work-hours x $85 per hour =
$170 |
$350
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$520
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$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
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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