[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14301-14303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04620]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0425; Project Identifier MCAI-2022-00980-A]
RIN 2120-AA64


Airworthiness Directives; DAHER AEROSPACE (Type Certificate 
Previously Held by SOCATA) 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 certain DAHER AEROSPACE (type certificate previously held by 
SOCATA) Model TBM 700 airplanes. This proposed AD was prompted by 
mandatory continuing airworthiness information (MCAI) issued by the 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI identifies the unsafe 
condition as interference between the emergency exit trim panel and the 
upholstery panel, which could result in additional effort required to 
open the emergency exit door. This proposed AD would require 
modification of the gripping strap, which maintains the upholstery 
panel on the emergency exit trim panel. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by April 24, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0425; 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 MCAI, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
DAHER AEROSPACE, Customer Support, Airplane Business Unit, Tarbes Cedex 
9, France 65921; phone: (833) 826-2273; email: daher.com">tbmcare@daher.com; 
website: daher.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
FAA, 2300 S 216th Street, Des Moines, WA 98198; phone: 206-231-2346; 
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-2023-0425; Project Identifier 
MCAI-2022-00980-A'' 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 
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

[[Page 14302]]

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 Fred 
Guerin, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 2300 S. 216th Street, 
Des Moines, WA 98198. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2022-0149, dated July 21, 2022 (referred to after this as ``the 
MCAI''), to correct an unsafe condition on certain serial-numbered 
DAHER AEROSPACE (type certificate previously held by SOCATA) Model TBM 
700 airplanes.
    The MCAI was prompted by a report that, due to interference between 
the emergency exit trim panel and the upholstery panel, additional 
effort may be required to open the emergency exit door. An 
investigation revealed that the gripping strap, which maintains the 
upholstery panel on the emergency exit trim panel, is not properly 
sized. The MCAI requires inserting a temporary revision (TR) into the 
emergency procedures section of the applicable pilot's operating 
handbook (POH), informing all flight crews, operating the airplane 
accordingly, and modifying the gripping strap, at which time the TR can 
be removed from the POH. The unsafe condition, if not addressed, could 
lead to failure of the emergency exit door to perform its intended 
function during an emergency opening, possibly resulting in reduced 
evacuation capacity from the airplane and injury to occupants.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0425.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Daher Aerospace Service Bulletin SB 70-304-25, 
dated July 2022, which specifies procedures for modifying the gripping 
strap on the emergency exit trim panel.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

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 this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information described above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the MCAI, except as discussed under ``Differences Between this 
Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI requires inserting a TR into the emergency procedures 
section of the applicable POH, informing all flight crews, and 
thereafter, operating the airplane accordingly until the modification 
of the gripping strap, at which time the TR can be removed from the 
POH. This proposed AD would only require modifying the gripping strap 
because FAA regulations mandate compliance with only the operating 
limitations section of the POH and not the emergency procedures 
section.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 841 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification of the gripping strap....  1 work-hour x $85 per               $300            $385        $323,785
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators.

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.

[[Page 14303]]

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

DAHER AEROSPACE (Type Certificate Previously Held by SOCATA): Docket 
No. FAA-2023-0425; Project Identifier MCAI-2022-00980-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 24, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DAHER AEROSPACE (type certificate previously 
held by SOCATA) Model TBM 700 airplanes, serial numbers 434 through 
1424 inclusive, except serial numbers 1408 and 1420, certificated in 
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5220, Emergency 
Exits.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as interference 
between the emergency exit trim panel and the upholstery panel, 
which could result in additional effort required to open the 
emergency exit door. The FAA is issuing this AD to address this 
condition. The unsafe condition, if not addressed, could lead to 
failure of the emergency exit door to perform its intended function 
during an emergency opening, resulting in reduced evacuation 
capacity from the airplane and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 12 months after the effective date of this AD, modify the 
gripping strap on the emergency exit trim panel by following, as 
applicable for your serial-numbered airplane, sections A, B, and C 
in the Description of Accomplishment Instructions in Daher Aerospace 
Service Bulletin SB 70-304-25, dated July 2022 (Daher SB 70-304-25), 
except where Daher SB 70-304-25 specifies to discard certain parts, 
this AD requires removing those parts from service. If the 
operational check of the emergency exit fails, before further 
flight, re-modify the gripping strap on the emergency exit trim 
panel by following, as applicable for your serial-numbered airplane, 
sections A, B, and C in the Description of Accomplishment 
Instructions in Daher SB 70-304-25 until it passes this operational 
check, except where Daher SB 70-304-25 specifies to discard certain 
parts, this AD requires removing those parts from service.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in Sec.  39.19. In accordance with Sec.  39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (i)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.

(i) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2022-0149, dated July 21, 2022, for related information. This EASA 
AD may be found in the AD docket at regulations.gov under Docket No. 
FAA-2023-0425.
    (2) For more information about this AD, contact Fred Guerin, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 2300 S 216th Street, Des 
Moines, WA 98198; phone: 206-231-2346; email: [email protected].

(j) 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 the AD specifies otherwise.
    (i) Daher Aerospace Service Bulletin SB 70-304-25, dated July 
2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact DAHER 
AEROSPACE, Customer Support, Airplane Business Unit, Tarbes Cedex 9, 
France 65921; phone: (833) 826-2273; email: daher.com">tbmcare@daher.com; 
website: daher.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.
    (5) You may view this service information 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 March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04620 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-13-P