[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24899-24902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08629]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0665; Project Identifier MCAI-2022-00625-R; 
Amendment 39-22405; AD 2023-07-03]
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 a report of a fatigue crack in a left-hand (LH) fin spar 
cap. This AD requires cleaning and repetitively inspecting certain 
part-numbered LH fin spar caps, and repetitively inspecting the 
exterior of the fin skin and, depending on the results, accomplishing 
corrective action. This AD also prohibits certain corrective actions as 
a terminating action for the repetitive inspections unless the 
corrective actions have been approved as a terminating action, 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 is effective May 10, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 10, 
2023.
    The FAA must receive comments on this AD by June 9, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0665; 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.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference (IBR) 
in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; phone: +49 221 8999 000; email: [email protected]; internet: 
easa.europa.eu. You may find this IBR material on the EASA website at 
ad.easa.europa.eu.
     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. It is also available at 
regulations.gov under Docket No. FAA-2023-0665.
    Other Related Service Information: 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 
customerportal.leonardocompany.com/en-US/. This service information is 
also available at the FAA contact information under Material 
Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Gregory Koenig, Aerospace Engineer, 
Airframe & Administrative Services Section, Chicago ACO Branch, 
Compliance & Airworthiness Division, FAA, 2300 E Devon Ave., Des 
Plaines, IL 60018; telephone (847) 294-7127; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

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-2023-0665; Project Identifier MCAI-
2022-00625-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 
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

[[Page 24900]]

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 Gregory Koenig, Aerospace Engineer, Airframe & Administrative 
Services Section, Chicago ACO Branch, Compliance & Airworthiness 
Division, FAA, 2300 E Devon Ave., Des Plaines, IL 60018; telephone 
(847) 294-7127; email [email protected]. Any commentary that the 
FAA receives which is not specifically designated as CBI will be placed 
in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0084, dated May 11, 2022 (EASA 
AD 2022-0084), to correct an unsafe condition for Leonardo S.p.A. Model 
AB212, AB412, and AB412EP helicopters, all serial numbers.
    This AD was prompted by a report of a fatigue crack in a LH fin 
spar cap. The FAA is issuing this AD to detect a crack, a loose or 
missing rivet, damage, or distortion. The unsafe condition, if not 
addressed, could result in stress concentrations at the edge of the 
rivet hole, possibly resulting in reduced structural integrity of the 
fin spar and subsequent loss of control of the helicopter. See EASA AD 
2022-0084 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0084 requires cleaning and repetitively inspecting 
certain part-numbered LH fin spar caps for a crack, loose rivet, and 
other damage, and repetitively inspecting the exterior of the fin skin 
in the area in contact with the fin spar cap for a crack, loose rivet, 
and distortion. If any discrepancy is detected, EASA AD 2022-0084 also 
requires contacting Leonardo S.p.A. for approved repair instructions 
and accomplishing the repair. Additionally, EASA AD 2022-0084 prohibits 
certain corrective actions as terminating action for the repetitive 
inspections, unless stated otherwise in the repair instructions.
    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 ADDRESSES.

Other Related Service Information

    The FAA also reviewed Leonardo Helicopters Service Bulletin No. 
412-168, dated May 19, 2021, which specifies procedures to clean 
certain parts, and using a 10x magnifying glass and a bright light, 
inspect both flanges of the LH fin spar cap part number 212-030-447-117 
for cracks, loose rivets, and other damage. This service information 
also specifies procedures to inspect the exterior of the fin skin in 
the area in contact with the fin spar cap for cracks, loose rivets, and 
distortion, and if any cracks or damage are found, to contact Leonardo 
Helicopters and send a compliance form to 
[email protected].

FAA's Determination

    These products 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 has notified the FAA of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of these same type designs.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2022-0084, described previously, as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
the 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 2022-0084 will be incorporated by reference in this FAA final 
rule. This AD would, therefore, require compliance with EASA AD 2022-
0084 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 2022-0084 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 2022-0084. Service information 
referenced in EASA AD 2022-0084 for compliance will be available at 
regulations.gov under Docket No. FAA-2023-0665.

Differences Between This AD and the EASA AD

    EASA AD 2022-0084 applies to Model AB212 helicopters, whereas this 
AD does not because that model is not FAA type-certificated. If there 
is any discrepancy as defined in the service bulletin, EASA AD 2022-
0084 requires contacting Leonardo S.p.A. for approved repair 
instructions and accomplishing the repair, whereas this AD requires 
accomplishing the corrective actions in accordance with a method 
approved by the FAA, EASA, or Leonardo S.p.a. Helicopters' Design 
Organization Approval instead.

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 currently no domestic operators of these products. 
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 reasons, 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.

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

[[Page 24901]]

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 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, 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:

2023-07-03 Leonardo S.p.a.: Amendment 39-22405; Docket No. FAA-2023-
0665; Project Identifier MCAI-2022-00625-R.

(a) Effective Date

    This airworthiness directive (AD) is effective May 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB412 and AB412 EP 
helicopters, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a fatigue crack in a left-
hand (LH) fin spar cap. The FAA is issuing this AD to detect a 
crack, a loose or missing rivet, damage, or distortion. The unsafe 
condition, if not addressed, could result in stress concentrations 
at the edge of the rivet hole, possibly resulting in reduced 
structural integrity of the fin spar and subsequent loss of control 
of the helicopter.

(f) Compliance

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

(g) Required Actions

    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 AD 2022-0084, 
dated May 11, 2022 (EASA AD 2022-0084).

(h) Exceptions to EASA AD 2022-0084

    (1) Where EASA AD 2022-0084 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0084 refers to flight hours, this AD 
requires using hours time-in-service.
    (3) Where the service information referenced in paragraph (1) of 
EASA AD 2022-0084 specifies to ``inspect both flanges of the left 
hand fin spar cap between F.S. 50 and F.S. 71 using 10x magnifying 
glass and a bright light for cracks, loose rivets, and other 
damage;'' for this AD, replace that text with, ``inspect both 
flanges of the left hand fin spar cap between F.S. 50 and F.S. 71 
using a 10X or higher power magnifying glass and a flashlight for a 
crack, a loose or missing rivet, and other damage, which may be 
indicated by fretting around the rivet.''
    (4) Instead of complying with paragraph (2) of EASA AD 2022-
0084, comply with the following; ``During any inspection as required 
by paragraph (1) of EASA AD 2022-0084, for this AD, if there is a 
crack, a loose or missing rivet, other damage, or distortion, before 
further flight, accomplish the corrective action in accordance with 
a method approved by the Manager, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA; or EASA; or Leonardo 
S.p.a. Helicopters' Design Organization Approval (DOA). If approved 
by the DOA, the approval must include the DOA-authorized 
signature.''
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0084.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0084 
specifies to submit 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 Gregory Koenig, 
Aerospace Engineer, Airframe & Administrative Services Section, 
Chicago ACO Branch, Compliance & Airworthiness Division, FAA, 2300 E 
Devon Ave., Des Plaines, IL 60018; telephone (847) 294-7127; 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 the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0084, 
dated May 11, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0084, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; phone: +49 221 8999 000; email: 
[email protected]; internet: easa.europa.eu. You may find this 
material on the EASA website at 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.
    (5) You may view this service information 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: www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 24902]]


    Issued on April 3, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-08629 Filed 4-24-23; 8:45 am]
BILLING CODE 4910-13-P