AD 2023-11-12

[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Rules and Regulations]
[Pages 39344-39346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12914]


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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; 
Amendment 39-22458; AD 2023-11-12]
RIN 2120-AA64


Airworthiness Directives; DAHER AEROSPACE (Type Certificate 
Previously Held by SOCATA) 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 
certain DAHER AEROSPACE (type certificate previously held by SOCATA) 
Model TBM 700 airplanes. This 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 AD requires modification of the gripping 
strap, which maintains the upholstery panel on the emergency exit trim 
panel. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective July 21, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 21, 
2023.

ADDRESSES: 
    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 final rule, the 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 service information identified in this final rule, 
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. It is also available at 
regulations.gov under Docket No. FAA-2023-0425.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-
231-2346; 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 certain DAHER AEROSPACE 
Model TBM 700 airplanes. The NPRM published in the Federal Register on 
March 8, 2023 (88 FR 14301). The NPRM was prompted by AD 2022-0149, 
dated July 21, 2022 (referred to after this as ``the MCAI''), issued by 
the European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union.
    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.
    In the NPRM, the FAA proposed to require modification of the 
gripping strap, which maintains the upholstery panel on the emergency 
exit trim panel. The FAA is issuing this AD to address the unsafe 
condition on these products.

[[Page 39345]]

    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0425.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 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 these products. Except for minor editorial changes, this AD is 
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Daher Aerospace Service Bulletin SB 70-304, 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.

Differences Between This 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 AD requires 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 affects 841 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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Modification of the gripping strap..  1 work-hour x $85 per              $300             $385         $323,785
                                       hour = $85.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this 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

    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

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:

2023-11-12 DAHER AEROSPACE (Type Certificate Previously Held by 
SOCATA): Amendment 39-22458; Docket No. FAA-2023-0425; Project 
Identifier MCAI-2022-00980-A.

(a) Effective Date

    This airworthiness directive (AD) is effective July 21, 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.

[[Page 39346]]

(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, dated July 2022 (Daher SB 70-304), 
except where Daher SB 70-304 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 until it passes this operational 
check, except where Daher SB 70-304 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, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; 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, 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 June 12, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-12914 Filed 6-15-23; 8:45 am]
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