[Federal Register Volume 87, Number 132 (Tuesday, July 12, 2022)]
[Proposed Rules]
[Pages 41263-41265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14696]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 87, No. 132 / Tuesday, July 12, 2022 / 
Proposed Rules

[[Page 41263]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0818; Project Identifier AD-2022-00299-R]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

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 Leonardo S.p.a. Model A109, A109A, A109A II, A109C, A109K2, 
A109E, A109S, and AW109SP helicopters modified by Supplemental Type 
Certificate (STC) SR01812LA. This proposed AD was prompted by a report 
of certain floats not deploying due to a faulty plunger assembly. This 
proposed AD would require repairing or replacing certain float 
assemblies. 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 August 26, 
2022.

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 https://www.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.
    <bullet> For service information identified in this NPRM, contact 
Apical Industries, Inc., Jason Gardiner, 3030 Enterprise Ct., Vista, CA 
92081, United States; phone: (760) 542-2096; email: 
<a href="/cdn-cgi/l/email-protection#600a07011204090e051220040112140105120f4e030f0d"><span class="__cf_email__" data-cfemail="402a27213224292e253200242132342125322f6e232f2d">[email protected]</span></a>; website: https://www.dartaerospace.com/. You 
may view this service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort 
Worth, TX 76177. For information on the availability of this material 
at the FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0818; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Johann S. Magana, Aerospace Engineer, 
Cabin Safety & Environmental Systems Section, Los Angeles ACO Branch, 
Compliance & Airworthiness Division, FAA, 3960 Paramount Blvd., 
Lakewood, CA 90712; telephone (562) 627-5322; email 
<a href="/cdn-cgi/l/email-protection#701a1f18111e1e5e1d1117111e11301611115e171f06"><span class="__cf_email__" data-cfemail="f3999c9b929d9ddd9e9294929d92b3959292dd949c85">[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-2022-0818; Project Identifier 
AD-2022-00299-R'' 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 
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 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 
Johann S. Magana, Aerospace Engineer, Cabin Safety & Environmental 
Systems Section, Los Angeles ACO Branch, Compliance & Airworthiness 
Division, FAA, 3960 Paramount Blvd., Lakewood, CA 90712; telephone 
(562) 627-5322; email <a href="/cdn-cgi/l/email-protection#fb9194939a9595d5969a9c9a959abb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="5f3530373e313171323e383e313e1f393e3e71383029">[email protected]</span></a>. 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 FAA received a report of two forward floats not deploying after 
an inadvertent activation. It was discovered that the plunger assembly 
caused the forward floats to not deploy. Further investigation revealed 
that a design change in 2009 of the plunger assembly inadvertently 
changed the position of the bushing from a press fit to a threaded fit. 
The dimensions for the threaded fit were preventing the bushing from 
fully clearing the ball bearings when bottom out on the solenoid on the 
valve assemblies. The plunger assembly is contained within the float 
assembly and reservoir assembly. An emergency float kit consists of 
float assemblies, reservoir assemblies, and additional components. 
These emergency float kits (634.4100 Kit Series) are installed on 
Leonardo S.p.a. Model A109, A109A, A109A II, A109C, A109K2, A109E, 
A109S, and AW109SP helicopters modified by STC SR01812LA; this STC is 
held by Apical Industries, Inc., d/b/a DART Aerospace (DART). This 
condition, if not

[[Page 41264]]

addressed, could result in the helicopter either rolling to one side or 
capsizing in an event of an emergency landing on water.

FAA's Determination

    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 designs.

Related Service Information

    The FAA reviewed DART Service Bulletin SB2021-05, dated December 6, 
2021. This service bulletin specifies replacing certain serial-numbered 
float assemblies or, if the serial number is not included as part of 
the service bulletin, contacting DART to validate effectivity. The 
service bulletin also provides procedures for removing the float 
assemblies from the helicopter, discharging the reservoirs, shipping 
the float assemblies, and re-installing the float assemblies.
    The FAA also reviewed DART's Instructions for Continued 
Airworthiness ICA109-1, Rev. U, dated October 27, 2020. This service 
information provides description, operation, disassembly, inspection, 
assembly, repair, and testing instructions as well as an illustrated 
parts list for emergency float kits and emergency float with life raft 
kits.

Proposed AD Requirements in This NPRM

    This proposed AD would require repairing or replacing each float 
assembly part number 644.0501, 644.0502, 644.0503, 644.0504, 644.0505, 
or 644.0506 in certain emergency float kits with a method approved by 
the Manager, Los Angeles ACO Branch, FAA. These actions would be 
required within 300 hours time-in-service or 6 months after the 
effective date of the final rule of this proposed AD, whichever occurs 
first.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 25 helicopters of U.S. registry. Labor rates are estimated at 
$85 per work-hour. Based on these numbers, the FAA estimates the 
following costs to comply with this proposed AD.
    Replacing each float assembly would take about 4 work-hours for an 
estimated cost of $340 per helicopter and up to $8,500 for the U.S. 
fleet. The FAA has received no definitive data that would enable the 
FAA to provide parts cost estimates for the proposed actions; however, 
according to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in the cost estimate.

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:

Leonardo S.p.a.: Docket No. FAA-2022-0818; Project Identifier AD-
2022-00299-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 26, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109, A109A, A109A II, 
A109C, A109K2, A109E, A109S, and AW109SP helicopters, certificated 
in any category, modified by Supplemental Type Certificate SR01812LA 
with A109 Float (with/without Liferafts System) DART Aerospace 
634.4100 Kit Series part number (P/N) 634.4101, 634.4102, 634.4103, 
634.4104, 634.4106, or 634.4107 with float assembly P/N 644.0501, 
644.0502, 644.0503, 644.0504, 644.0505, or 644.0506 installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2560, Emergency 
Equipment.

(e) Unsafe Condition

    This AD was prompted by a report of two forward floats not 
deploying after an inadvertent activation. The FAA is issuing this 
AD to ensure the affected floats work as intended. The unsafe 
condition, if not addressed, could result in the helicopter either 
rolling to one side or capsizing in an event of an emergency landing 
on water.

(f) Compliance

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

(g) Required Actions

    Within 300 hours time-in-service or within 6 months after the 
effective date of this AD, whichever occurs first, remove each float 
assembly identified in paragraph (c) of this AD and repair or 
replace it in accordance with a method approved by the Manager, Los 
Angeles ACO Branch, FAA. For a repair or replacement method to be 
approved by the Manager, Los Angeles ACO Branch, as required by this 
paragraph, the Manager's approval letter must specifically refer to 
this AD.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures

[[Page 41265]]

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 certification office, send it to the attention of 
the person identified in paragraph (i) of this AD. Information may 
be emailed to: <a href="/cdn-cgi/l/email-protection#566f7b17181b7b1a171715197b171b19157b04332723332522251630373778313920"><span class="__cf_email__" data-cfemail="dbe2f69a9596f6979a9a9894f69a969498f689beaaaebea8afa89bbdbabaf5bcb4ad">[email protected]</span></a>.
    (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.

(i) Related Information

    For more information about this AD, contact Johann S. Magana, 
Aerospace Engineer, Cabin Safety & Environmental Systems Section, 
Los Angeles ACO Branch, Compliance & Airworthiness Division, FAA, 
3960 Paramount Blvd., Lakewood, CA 90712; telephone (562) 627-5322; 
email <a href="/cdn-cgi/l/email-protection#1e7471767f707030737f797f707f5e787f7f30797168"><span class="__cf_email__" data-cfemail="a3c9cccbc2cdcd8dcec2c4c2cdc2e3c5c2c28dc4ccd5">[email protected]</span></a>.

    Issued on July 5, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14696 Filed 7-11-22; 8:45 am]
BILLING CODE 4910-13-P


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