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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2021-0778; Project Identifier 2019-CE-062-AD]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# 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) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a non-conforming dump switch ejecting from its slot. This proposed AD would require modifying certain dump switches. 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 October 29, 2021.

# 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 service information identified in this NPRM, contact Daher Aerospace, 601 NE 10 Street, Pompano Beach, FL 33060; phone: (954) 366-3331; email:                         *TBMCare@daher.com;*                         website:                         *https://www.daher.com/​en/​aircraft-manufacturer/​customer-service/​.*                         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 (816) 329-4148.                    

## Examining the AD Docket

                    You may examine the AD docket at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2021-0778; 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.                

# FOR FURTHER INFORMATION CONTACT:

                        Gregory Johnson, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft Section, International Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: (720) 626-5462; fax: (816) 329-4090; email:                         *gregory.johnson@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 the                     **ADDRESSES**                     section. Include “Docket No. FAA-2021-0778; Project Identifier 2019-CE-062-AD” 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 the 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 proposed AD.                

## 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                           ( print page 51034)                        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 Gregory Johnson, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft Section, International Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106. 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 2019-0306, dated December 18, 2019 (referred to after this as “the MCAI”), to address the unsafe condition on certain serial-numbered Daher Aerospace (formerly SOCATA) Model TBM 700 airplanes. The MCAI states:

It has been determined that, in certain conditions, an affected switch [dump switch part number 7388475012 without a seal] may eject from its slot. Investigations identified the root cause in a non-conformity of the affected switch.

This condition, if not corrected, could, in case of smoke/fumes in the cabin, prevent evacuation of the smoke/fumes, possibly resulting in excessive flight crew workload and/or injury to aeroplane occupants.

To address this potential unsafe condition, DAHER AEROSPACE issued the [service bulletin] SB to provide modification instructions.

For the reasons described above, this [EASA] AD requires modification of the affected parts by installation of a seal, and introduces requirements for installation of a dump switch.

                    You may examine the MCAI in the AD docket at                     *https://www.regulations.gov*                     by searching for and locating Docket No. FAA-2021-0778.                

## Related Service Information Under 1 CFR Part 51

                    The FAA reviewed Daher Aerospace Service Bulletin SB 70-271-21, Revision 1, dated November 2019. The service information contains procedures for modifying each dump switch part number 7388475012 by removing the two indicator light units, installing a seal, installing a thin layer of grease, and installing the two indicator lights. 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 the                     **ADDRESSES**                     section.                

## FAA's Determination

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 and service information referenced above. The FAA is issuing this NPRM after determining the unsafe condition described previously is likely to exist or develop on other products of the same type design.

## Proposed AD Requirements

This proposed AD would require accomplishing the actions specified in the service information already described.

## Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would affect 150 airplanes of U.S. registry. The FAA also estimates that it would take about 1 work-hour per airplane and require parts costing $800 to comply with the modification that would be required by this proposed AD. The average labor rate is $85 per work-hour.

Based on these figures, the FAA estimates the inspection cost of this proposed AD on U.S. operators to be $132,750, or $885 per airplane.

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

1. The authority citation for part 39 continues to read as follows: 

Authority:49 U.S.C. 106(g), 40113, 44701.

§ 39.13

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

**Daher Aerospace (Type Certificate Previously Held by SOCATA):**                         Docket No. FAA-2021-0778; Project Identifier 2019-CE-062-AD.                    

## (a) Comments Due Date

The FAA must receive comments on this airworthiness directive (AD) by October 29, 2021.

## (b) Affected ADs

None.

## (c) Applicability

This AD applies to Daher Aerospace (type certificate previously held by SOCATA) Model TBM 700 airplanes, serial numbers 1106 and larger, certificated in any category.

## (d) Subject

Joint Aircraft System Component (JASC) Code 2130, Cabin Pressure Control System.

## (e) Unsafe Condition

                        This AD was prompted by mandatory continuing airworthiness information (MCAI)                               ( print page 51035)                            originated by an aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a non-confirming dump switch ejecting from its slot. The FAA is issuing this AD to prevent dump switches ejecting from their slots, which, in case of smoke/fumes in the cabin, could prevent evacuation of the smoke/fumes. The unsafe condition, if not addressed, could result in excessive flight crew workload and injury to airplane 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, inspect each dump switch part number (P/N) 7388475012 to determine if a seal is installed, as depicted in Figure 3 of Daher Aerospace Service Bulletin SB 70-271-21, Revision 1, dated November 2019.

(1) If a seal is installed, no further action is required by this paragraph.

(2) If a seal is not installed, within 12 months after the effective date of this AD, modify the dump switch in accordance with steps 2) through 5) of the Description of Accomplishment Instructions in Daher Aerospace Service Bulletin SB 70-271-21, Revision 1, dated November 2019.

## (h) Parts Installation Provision

As of the effective date of this AD, do not install a dump switch P/N 7388475012 on any airplane unless the switch has been modified as described in Daher Aerospace Service Bulletin SB 70-271-21, Revision 1, dated November 2019. Removal of a dump switch from an airplane and re-installation of that dump switch on the same airplane within the same maintenance visit is not an installation for purposes of this paragraph.

## (i) Alternative Methods of Compliance (AMOCs)

                        (1) The Manager, General Aviation & Rotorcraft 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (j)(1) of this AD or email:                         *9-AVS-AIR-730-AMOC@faa.gov.*

(2) 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.

## (j) Related Information

                        (1) For more information about this AD, contact Gregory Johnson, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft Section, International Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: (720) 626-5462; fax: (816) 329-4090; email:                         *gregory.johnson@faa.gov.*

                        (2) Refer to European Union Aviation Safety Agency (EASA) AD 2019-0306, dated December 18, 2019, for more information. You may examine the EASA AD in the AD docket at                         *https://www.regulations.gov*                         by searching for and locating it in Docket No. FAA-2021-0778.                    

                        (3) For service information identified in this AD, contact Daher Aerospace, 601 NE 10 Street, Pompano Beach, FL 33060; phone: (954) 366-3331; email:                         *TBMCare@daher.com;*                         website:                         *https://www.daher.com/​en/​aircraft-manufacturer/​customer-service/​.*                         You may view this referenced 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 (816) 329-4148.                    

Issued on September 2, 2021.

Lance T. Gant,

Director, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2021-19606 Filed 9-13-21; 8:45 am]

BILLING CODE 4910-13-P