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PROPOSED AD 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 Pre-
    viously  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 mark-
    ings and 25, Equipment/furnishings.

(e) UNSAFE CONDITION

    This AD was prompted  by a safety analysis  that lithium batteries in-
    stalled 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 al-
    ready 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 accord-
    ance 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 spec-
    ifies 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:  9-AVS-AIR-730-AMOC@faa.gov. 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 ADs@easa.europa.eu
    internet www.easa.europa.eu. You may find this EASA AD on the EASA web
    site 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 Todd.Thompson@faa.gov.

Issued on June 14, 2022.  Christina Underwood, Acting Director, Compliance
& Airworthiness Division, Aircraft Certification Service.

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

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 ADs@easa.europa.eu; 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
Todd.Thompson@faa.gov.

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.

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 Todd.Thompson@faa.gov. 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:

Estimated Costs for Required Actions

Labor cost
Parts cost
Cost per product
Cost on U.S. 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

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

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: