[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Proposed Rules]
[Pages 84838-84841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24331]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2413; Project Identifier MCAI-2023-00982-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 (DAHER) Model TBM 700 airplanes. This 
proposed AD was prompted by certain existing emergency procedures in 
the pilot's operating handbook (POH) that cannot be fully accomplished 
since certain equipment cannot be disconnected by the pilot(s) from the 
flight deck. This proposed AD would require revising the POH for your 
airplane to provide the flight crew with corrected emergency 
procedures. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by December 9, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 84839]]

    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2413; 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.
    Material Incorporated by Reference:
    <bullet> For DAHER material identified in this proposed AD, contact 
DAHER AEROSPACE Customer Support, Airplane Business Unit, Tarbes--Cedex 
9, France 65921; phone: (833) 826-2273; email: <a href="/cdn-cgi/l/email-protection#6e1a0c030d0f1c0b2e520f4e061c0b0853" http: daher.com">daher.com</a>">tbmcare@daher.com</a>; 
website: daher.com.
    <bullet> You may view this material 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 (816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 
231-2346; email: <a href="/cdn-cgi/l/email-protection#cfa9bdaaabe1a8baaabda6a18fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="2e485c4b4a00495b4b5c47406e484f4f00494158">[email protected]</span></a>.

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-2024-2413; Project Identifier 
MCAI-2023-00982-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 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, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. 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 2023-0164, dated August 18, 2023 (also referred to as the 
MCAI), to correct an unsafe condition on certain serial-numbered DAHER 
Model TBM 700 airplanes. The MCAI states that the emergency procedures 
``Cabin Electrical Fire or Smoke During flight'' and ``Smoke 
elimination'' cannot be fully accomplished since certain equipment 
cannot be disconnected by the pilot(s) from the flight deck. The MCAI 
requires incorporating a temporary revision (TR) into the emergency 
procedures section of the applicable POH, informing all flight crews, 
and operating the airplane accordingly. This condition, if not 
corrected, could lead to increased flight crew workload during critical 
phases of flight, resulting in reduced control of the airplane.
    To address the unsafe condition, DAHER published Temporary Revision 
30, dated July 2023 (DAHER TR 30), to Section 3, Emergency Procedures, 
which removes the procedures ``Cabin Electrical Fire or Smoke During 
Flight'' and ``Smoke elimination'' of the DAHER Model TBM 960 Pilot's 
Operating Handbook, Edition 0, dated January 27, 2022, and replaces 
them with the new emergency procedure ``Fire or Smoke in Flight''.
    The FAA is proposing 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-2024-2413.

Related Material Under 1 CFR Part 51

    The FAA reviewed DAHER TR 30 to Section 3 of the Emergency 
Procedures section of the POH by removing the procedures ``Cabin 
Electrical Fire or Smoke During Flight'' and ``Smoke elimination'' and 
replacing them with the new emergency procedure ``Fire or Smoke in 
Flight.''
    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.

Clarification of Relationship Between DAHER TR 30 and the Proposed AD 
Applicability

    Although the applicability of this proposed AD is certain serial-
numbered DAHER Model TBM 700 airplanes, the TR that needs to be 
inserted into the applicable POH for the owner/operator's airplane is 
Temporary Revision 30, dated July 2023, to DAHER Pilot's Operating 
Handbook TBM 960, Edition 0, dated January 27, 2022. The FAA type 
certificate data sheet (TCDS) specifies Model TBM 700 airplanes, but 
the notes in the FAA TCDS indicate that, depending on the airplane's 
serial number and any optional modification installed, an affected 
Model TBM 700 airplane could have a trade name that includes a ``900'' 
designation, including TBM 900, TBM 910, TBM 930, TBM 940, or TBM 960.

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 material referenced 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 revising the existing POH for your 
airplane to provide the flight crew with emergency procedures to follow 
under certain conditions, except as discussed under ``Differences 
Between this Proposed AD and the MCAI.'' The owner/operator (pilot) 
holding at least a private pilot certificate may revise the existing 
POH for your airplane and must enter compliance with the applicable 
paragraph of this proposed AD into the airplane maintenance records in 
accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The pilot may 
perform this action because it only involves revising the POH. This 
action could be performed equally well by a pilot or a

[[Page 84840]]

mechanic. This is an exception to the FAA's standard maintenance 
regulations.

Differences Between This Proposed AD and the MCAI

    EASA AD 2023-0164 includes requirements to ``inform all flight 
crews and, thereafter, operating the airplane accordingly'' and this 
proposed AD would not specifically require those actions because those 
actions are already required by FAA regulations.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 930 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                       Cost per    Cost on U.S.
                  Action                            Labor cost           Parts cost    product       operators
----------------------------------------------------------------------------------------------------------------
Revise POH...............................  1 work-hour x $85 per hour            $0          $85         $79,050
                                            = $85.
----------------------------------------------------------------------------------------------------------------

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.


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-2024-2413; Project Identifier MCAI-2023-00982-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 9, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DAHER AEROSPACE (type certificate previously 
held by SOCATA) Model TBM 700 airplanes, manufacturer serial numbers 
687 through 1491 inclusive, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2600, Fire 
Protection System.

(e) Unsafe Condition

    This AD was prompted by certain emergency procedures in the 
existing pilot's operating handbook (POH) that cannot be fully 
accomplished since certain equipment cannot be disconnected by the 
pilot(s) from the flight deck. The FAA is issuing this AD to address 
the unsafe condition. The unsafe condition, if not addressed, could 
lead to increased flight crew workload during critical phases of 
flight, resulting in reduced control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 30 days after the effective date of this AD, revise the 
existing POH for your airplane by incorporating Temporary Revision 
30, dated July 2023, to Section 3, Emergency Procedures, of the 
DAHER Pilot's Operating Handbook, TBM 960, Edition 0, dated January 
27, 2022. The owner/operator (pilot) holding at least a private 
pilot certificate may revise the existing POH for your airplane and 
must enter compliance with the applicable paragraph of this AD into 
the airplane maintenance records in accordance with 14 CFR 43.9(a) 
and 91.417(a)(2)(v). The record must be maintained as required by 14 
CFR 91.417, 121.380, or 135.439.

(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 14 CFR 39.19. In accordance with 14 CFR 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) of this AD or email 
to: <a href="/cdn-cgi/l/email-protection#ce8f83818d8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="90d1dddfd3d0f6f1f1bef7ffe6">[email protected]</span></a>. 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

    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: 
<a href="/cdn-cgi/l/email-protection#8fe9fdeaeba1e8faeafde6e1cfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="71170314155f16041403181f311710105f161e07">[email protected]</span></a>.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

[[Page 84841]]

    (2) You must use this material as applicable to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Temporary Revision 30, dated July 2023, to the DAHER Pilot's 
Operating Handbook, TBM 960, Edition 0, January 27, 2022.
    (ii) [Reserved]
    (3) For DAHER material identified in this AD, contact DAHER 
AEROSPACE Customer Support, Airplane Business Unit, Tarbes--Cedex 9, 
France 65921; phone: (833) 826-2273; email: <a href="/cdn-cgi/l/email-protection#691d0b040a081b0c29550849011b0c0f54" http: daher.com">daher.com</a>">tbmcare@daher.com</a>; 
website: daher.com.
    (4) You may view this material 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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#6503174b0c0b16150006110c0a0b250b0417044b020a13"><span class="__cf_email__" data-cfemail="2f495d0146415c5f4a4c5b4640416f414e5d4e01484059">[email protected]</span></a>.

    Issued on October 15, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-24331 Filed 10-23-24; 8:45 am]
BILLING CODE 4910-13-P


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