Airworthiness Directives; Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 67783-67785 [2022-24514]
Download as PDF
Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations
Subpart D—Regulatory Requirements
for Removal, Suspension for More
Than 14 Days, Reduction in Grade or
Pay, or Furlough for 30 Days or Less
14. Amend § 752.401 by:
a. Revising paragraphs (b)(15) and
(16);
■ b. Adding paragraph (b)(17);
■ c. Removing paragraph (d)(5); and
■ d. Redesignating paragraphs (d)(6)
through (13) as paragraphs (d)(5)
through (12).
The revisions and additions read as
follows:
■
■
§ 752.401
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*
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*
(b) * * *
(15) Reduction of an employee’s rate
of basic pay from a rate that is contrary
to law or regulation, including a
reduction necessary to comply with the
amendments made by Public Law 108–
411, regarding pay-setting under the
General Schedule and Federal Wage
System and regulations in this
subchapter implementing those
amendments;
(16) An action taken under 5 U.S.C.
7515.; or
(17) An action taken against a
technician in the National Guard
concerning any activity under 32 U.S.C.
709(f)(4), except as provided by 32
U.S.C. 709(f)(5).
*
*
*
*
*
§ 752.402
[Amended]
15. Amend § 752.402 by removing the
definition for ‘‘Business day’’.
■ 16. Amend § 752.403 by:
■ a. Revising the section heading; and
■ b. Removing paragraphs (c) through
(f).
The revision reads as follows:
*
■
■
■
Standard for action.
*
*
*
*
17. Amend § 752.404 by:
a. Revising paragraph (b)(1); and
b. Removing paragraph (g)(3).
The revision reads as follows:
§ 752.404
Procedures.
lotter on DSK11XQN23PROD with RULES1
*
*
*
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(b) * * *
(1) An employee against whom an
action is proposed is entitled to at least
30 days’ advance written notice unless
there is an exception pursuant to
paragraph (d) of this section. The notice
must state the specific reason(s) for the
proposed action and inform the
employee of his or her right to review
the material which is relied on to
support the reasons for action given in
the notice. The notice must further
include detailed information with
VerDate Sep<11>2014
16:26 Nov 09, 2022
DEPARTMENT OF TRANSPORTATION
§ 752.407
Airworthiness Directives; Deutsche
Aircraft GmbH (Type Certificate
Previously Held by 328 Support
Services GmbH; AvCraft Aerospace
GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH) Airplanes
[Removed]
18. Remove § 752.407.
Subpart F—Regulatory Requirements
for Taking Adverse Action Under the
Senior Executive Service
19. Amend § 752.602 by removing the
definition for ‘‘Business day’’.
■ 20. Amend § 752.603 by:
■ a. Revising the section heading; and
■ b. Removing paragraphs (c) through
(f).
The revision reads as follows:
■
§ 752.603
*
■
■
■
*
Standard for action.
*
*
*
21. Amend § 752.604 by:
a. Revising paragraph (b)(1); and
b. Removing paragraph (g)(3).
The revision reads as follows:
§ 752.604
Procedures.
*
■
§ 752.403
respect to any right to appeal the action
pursuant to section 1097(b)(2)(A) of
Public Law 115–91, the forums in which
the employee may file an appeal, and
any limitations on the rights of the
employee that would apply because of
the forum in which the employee
decides to file.
*
*
*
*
*
■
Coverage.
Jkt 259001
67783
*
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(b) * * *
(1) An appointee against whom an
action is proposed is entitled to at least
30 days’ advance written notice unless
there is an exception pursuant to
paragraph (d) of this section. The notice
must state the specific reason(s) for the
proposed action and inform the
appointee of his or her right to review
the material that is relied on to support
the reasons for action given in the
notice. The notice must further include
detailed information with respect to any
right to appeal the action pursuant to
section 1097(b)(2)(A) of Public Law
115–91, the forums in which the
employee may file an appeal, and any
limitations on the rights of the employee
that would apply because of the forum
in which the employee decides to file.
*
*
*
*
*
§ 752.607
■
[Removed]
22. Remove § 752.607.
[FR Doc. 2022–24309 Filed 11–9–22; 8:45 am]
BILLING CODE 6325–38–P
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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.
SUMMARY:
E:\FR\FM\10NOR1.SGM
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67784
Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations
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 inflight 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:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
2 work-hours × $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
VerDate Sep<11>2014
16:26 Nov 09, 2022
Jkt 259001
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.
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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:
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Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations
(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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 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.
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(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
VerDate Sep<11>2014
16:26 Nov 09, 2022
Jkt 259001
(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
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
could result in an oxygen fed fire in the flight
deck, possibly resulting in an uncontrolled
fire.
(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: 9-AVS-AIR730-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
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67785
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 Todd.Thompson@
faa.gov.
(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 ADs@easa.europa.eu; 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
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.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
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 73
[Docket No. FDA–2020–C–1309]
Listing of Color Additives Exempt
From Certification; Spirulina Extract
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA or we) is
amending the color additive regulations
to provide for the expanded safe use of
spirulina (Arthrospira platensis) extract
SUMMARY:
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Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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 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:
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.
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
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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:
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(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
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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]
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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