[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2202-2204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00260]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0818; Project Identifier AD-2022-00299-R; 
Amendment 39-22296; AD 2023-01-02]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

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 Leonardo S.p.a. Model A109, A109A, A109A II, A109C, A109E, 
A109K2, A109S, and AW109SP helicopters modified by Supplemental Type 
Certificate (STC) SR01812LA. This AD was prompted by a report of 
certain floats not deploying due to a faulty plunger assembly. This AD 
requires repairing or replacing certain float assemblies. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 17, 2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at 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 final rule, 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.
    Related Service Information:
     For DART Aerospace service information identified in this 
final rule, contact Apical Industries, Inc., Jason Gardiner, 3030 
Enterprise Ct., Vista, CA 92081, United States; phone: (760) 542-2096; 
email: [email protected]; website: 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.

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 
[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 Leonardo S.p.a. Model 
A109, A109A, A109A II, A109C, A109E, A109K2, A109S, and AW109SP 
helicopters, modified by STC 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. The NPRM published in the Federal Register on July 
12, 2022 (87 FR 41263).
    The NPRM was prompted by a report, received by the FAA, 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 of the 
plunger assembly in 2009 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 bottoming 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, A109E, A109K2, A109S, and 
AW109SP helicopters modified by STC SR01812LA. In the NPRM, the FAA 
proposed to require repairing or replacing affected float assemblies 
with a method approved by the Manager, Los Angeles ACO Branch, FAA. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from one commenter, Bristow Group Inc. 
(VTOL). The following presents the comment received on the NPRM and the 
FAA's response to the comment.

[[Page 2203]]

Request for Credit for Compliance With Service Information

    Bristow Group Inc. (VTOL) requested clarification regarding if 
credit will be given for previous compliance with DART SB2021-05.
    The FAA agrees to allow credit for the accomplishment of DART 
Aerospace Service Bulletin SB2021-05, Revision N/C, dated December 6, 
2021, provided those actions were accomplished prior to the effective 
date of this AD. Accordingly, the FAA has added the Credit for Previous 
Actions paragraph in this final rule.

Conclusion

    The FAA reviewed the relevant data, considered any comments 
received, 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 and any 
other changes described previously, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information

    The FAA reviewed DART Aerospace Service Bulletin SB2021-05, 
Revision N/C, dated December 6, 2021. This service bulletin specifies 
replacing certain serial-numbered float assemblies or, if the serial 
number is not listed in the service bulletin, contacting DART to verify 
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 Aerospace 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.

Costs of Compliance

    The FAA estimates that this AD affects 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 AD.
    Replacing each float assembly takes 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 required actions; however, 
according to the manufacturer, some or all of the costs of this 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

    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:

2023-01-02 Leonardo S.p.a.: Amendment 39-22296; Docket No. FAA-2022-
0818; Project Identifier AD-2022-00299-R.

(a) Effective Date

    This airworthiness directive (AD) is effective February 17, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model A109, A109A, A109A II, 
A109C, A109E, A109K2, 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) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were accomplished before 
the effective date of this AD using DART Aerospace Service Bulletin 
SB2021-05, Revision N/C, dated December 6, 2021.

[[Page 2204]]

(i) 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 
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 (j)(1) of this AD. Information 
may be emailed to: [email protected].
    (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 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 [email protected].
    (2) For DART service information identified in this AD that is 
not incorporated by reference, contact Apical Industries, Inc., 
Jason Gardiner, 3030 Enterprise Ct., Vista, CA 92081, United States; 
phone: (760) 542-2096; email: [email protected]; website: 
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.

(k) Material Incorporated by Reference

    None.

    Issued on January 4, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-00260 Filed 1-12-23; 8:45 am]
BILLING CODE 4910-13-P