Airworthiness Directives; Leonardo S.p.a. Helicopters

[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Rules and Regulations]
[Pages 41581-41583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14817]



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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / 
Rules and Regulations

[[Page 41581]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0806; Project Identifier MCAI-2022-00377-R; 
Amendment 39-22108; AD 2022-14-03]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was 
prompted by reports of cracked tailboom attachment bolts and barrel 
nuts. This AD requires replacing the upper left hand (LH) tailboom 
attachment bolt, visually inspecting the other three tailboom 
attachment bolts and all barrel nuts, repetitive torque checks of the 
tailboom attachment bolts, and corrective action if necessary, as 
specified in a European Union Aviation Safety Agency (EASA) AD, which 
is incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD becomes effective July 28, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 28, 
2022.
    The FAA must receive comments on this AD by August 29, 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.
    For EASA material incorporated by reference (IBR) in this final 
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email [email protected]; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. For Leonardo Helicopters service 
information identified in this final rule, contact Leonardo S.p.A. 
Helicopters, Emanuele Bufano, Head of Airworthiness, Viale G.Agusta 
520, 21017 C.Costa di Samarate (Va) Italy; telephone (+39) 0331-225074; 
fax (+39) 0331-229046; or at https://customerportal.leonardocompany.com/en-US/. You may view this material 
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. 
Service Information that is IBRed is also available in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0806.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0806; 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 
EASA AD, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jacob Fitch, Aerospace Engineer, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-4130; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0046, dated March 17, 2022 
(EASA AD 2022-0046), to correct an unsafe condition for all serial-
numbered Leonardo S.p.a. Model AB212, AB412, and AB412EP helicopters.
    This AD was prompted by reports of cracked tailboom attachment 
bolts and barrel nuts. The FAA is issuing this AD to address the 
fatigue cracking of tailboom attachment bolts. See EASA AD 2022-0046 
for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0046 requires a one-time replacement of the upper 
left-hand tailboom attachment bolt and an inspection of the other three 
tailboom attachment bolts and all four barrel nuts for corrosion and 
damage. If there is any corrosion or damage, EASA AD 2022-0046 requires 
replacing the attachment bolt or barrel nut as applicable. EASA AD 
2022-0046 also requires a torque check following each replacement of a 
tailboom attachment bolt or after tailboom installation and depending 
on the results of the torque check, corrective action.
    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.

Other Related Service Information

    The FAA also reviewed Leonardo Helicopters Service Bulletin Alert 
No. 412-170, dated March 1, 2022. This service information specifies 
procedures for inspecting and the replacing the tailboom attachment 
hardware.

FAA's Determination

    These helicopters have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA, its technical representative, 
has notified the FAA of the unsafe condition described in its AD. The 
FAA is issuing this AD after evaluating all pertinent information and 
determining that the unsafe condition exists and is likely to exist or 
develop on other helicopters of the same type designs.

[[Page 41582]]

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD 
2022-0046, described previously, as IBRed, except for any differences 
identified as exceptions in the regulatory text of this AD and as 
discussed under ``Differences Between this AD and EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
EASA AD 2022-0046 is IBRed in this FAA final rule. This AD, therefore, 
requires compliance with EASA AD 2022-0046 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Using common terms that are the same as 
the heading of a particular section in EASA AD 2022-0046 does not mean 
that operators need comply only with that section. For example, where 
the AD requirement refers to ``all required actions and compliance 
times,'' compliance with this AD requirement is not limited to the 
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 
2022-0046. Service information referenced in EASA AD 2022-0046 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0806 after this final 
rule is published.

Differences Between This AD and EASA AD

    EASA AD 2022-0046 includes Model AB212 helicopters in the 
applicability; this AD does not because that helicopter model is not 
FAA type-certificated. Service information referenced in EASA AD 2022-
0046 specifies sending compliance forms to the manufacturer; this AD 
does not require that action. EASA AD 2022-0046 requires contacting the 
manufacturer for disposition instructions for damaged parts; this AD 
does not and instead requires that the parts be removed from service.

Interim Action

    The FAA considers this AD an interim action. If final action is 
later identified, the FAA might consider further rulemaking then.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are no helicopters with these type certificates on the U.S. 
Registry. Accordingly, notice and opportunity for prior public comment 
are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for 
the foregoing reason(s), the FAA finds that good cause exists pursuant 
to 5 U.S.C. 553(d) for making this amendment effective in less than 30 
days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0806; Project Identifier MCAI-
2022-00377-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Jacob 
Fitch, Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; email [email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
helicopters with these type certificates on the U.S. Registry.

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

[[Page 41583]]

Government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2022-14-03 Leonardo S.p.a.: Amendment 39-22108; Docket No. FAA-2022-
0806; Project Identifier MCAI-2022-00377-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 28, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB412 and AB412 EP 
helicopters.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 5302, Rotorcraft 
Tail Boom.

(e) Unsafe Condition

    This AD was prompted by reports of cracked tailboom attachment 
bolts and barrel nuts. The FAA is issuing this AD to address fatigue 
cracking of tailboom attachment bolts and barrel nuts. The unsafe 
condition, if not addressed, could result in separation of the 
tailboom from the helicopter and subsequent loss of control of the 
helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0046, dated March 17, 2022 (EASA AD 2022-0046).

(h) Exceptions to EASA AD 2022-0046

    (1) Where EASA AD 2022-0046 requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (2) Where EASA AD 2022-0046 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) Where EASA AD refers to March 14, 2022, the effective date 
of EASA AD 2022-0035 dated March 7, 2022, this AD requires using the 
effective date of this AD.
    (4) Where the service information referenced in EASA AD 2022-
0046 specifies contacting Leonardo S.p.a. for disposition 
instructions if a part is found damaged, this AD instead requires 
removing the part from service.
    (5) Where the service information referenced in EASA AD 2022-
0046 specifies discarding a certain part, this AD instead requires 
removing that part from service.
    (6) This AD does not mandate compliance with the ``Remarks'' 
section of EASA AD 2022-0046.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0046 
specifies submitting certain information to the manufacturer, this 
AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) 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, send 
it to the attention of the person identified in paragraph (k) 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.

(k) Related Information

    For more information about this AD, contact Jacob Fitch, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; 
email [email protected].

(l) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0046, 
dated March 17, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0046, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet www.easa.europa.eu. You may find the 
EASA material on the EASA website at https://ad.easa.europa.eu.
    (4) 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. This material may be 
found in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0806.
    (5) You may view this material 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 23, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-14817 Filed 7-12-22; 8:45 am]
BILLING CODE 4910-13-P

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