[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Proposed Rules]
[Pages 84767-84769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26742]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2231; Project Identifier MCAI-2022-01623-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 all Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This 
proposed AD was prompted by reports of cracks in the lateral mounts of 
the main transmission support case. This proposed AD would require 
repetitive visual inspections and fluorescent penetrant inspections 
(FPI) and, depending on the results, corrective action, as specified in 
a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation by reference. 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 January 22, 
2024.

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-2023-2231; 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.
    Material Incorporated by Reference:
     For EASA material that is identified in this NPRM, contact 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 
000; email [email protected]; internet easa.europa.eu. You may find 
the EASA material on the EASA website ad.easa.europa.eu.
     You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110. The EASA material is also 
available at regulations.gov under Docket No. FAA-2023-2231.
    Other Related Service Information: For Bell Helicopter service 
information identified in this NPRM, contact Bell Textron, Inc., P.O. 
Box 482, Fort Worth, TX 76101; phone 1-450-437-2862 or 1-800-363-8023; 
fax 1-450-433-0272; email [email protected]; or at 
bellflight.com/support/contact-support.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781) 
238-7241; email: [email protected].

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-2023-2231; Project Identifier 
MCAI-2022-01623-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 
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 
Sungmo Cho, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY

[[Page 84768]]

11590; phone: (781) 238-7241; 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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0258, dated December 20, 2022 
(EASA AD 2022-0258), to correct an unsafe condition on all Leonardo 
S.p.A. Model AB212, AB412, and AB412EP helicopters.
    This proposed AD was prompted by reports of cracks in the lateral 
mounts of the main transmission support case. Such cracking is usually 
caused by excessive corrosion of the surface under a washer and 
originates from a washer attachment screw threaded hole. Cracking can 
occur at the upper or lower surfaces of the lateral mount. This 
condition, if not detected and corrected, could lead to loss of load 
carrying capabilities of the main transmission, possibly resulting in 
loss of control of the helicopter. You may examine EASA AD 2022-0258 in 
the AD docket at regulations.gov under Docket No. FAA-2023-2231.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0258 requires repetitive visual inspections and FPIs 
of the main transmission support case and, depending on the findings, 
corrective action. Corrective actions include repairing or replacing 
the main transmission support case hardware including screws, washers, 
or case bushings, repairing the lateral mounts, or replacing the main 
transmission support case.
    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 Bell Helicopter Component Repair and Overhaul 
Manual (CR&O) BHT-412-CR&O Chapter 63, paragraphs 63-57 Transmission 
Main Support Case--Inspection and 63-58 Transmission Main Support 
Case--Repair, Revision 12, dated February 28, 2020. This service 
information specifies procedures for inspecting and repairing the main 
transmission support case.

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 has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0258, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this proposed AD and except as discussed under 
``Differences Between this Proposed 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, the 
FAA proposes to incorporate EASA AD 2022-0258 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0258 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2022-0258 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-
0258. Service information referenced in EASA AD 2022-0258 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-2231 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0258 applies to Model AB212 helicopters, whereas this 
proposed AD would not because that model is not FAA type-certificated.
    The service information referenced in EASA AD 2022-0258 specifies 
contacting Product Support Engineering for possible repairs regarding 
corrosion or pitting in the case bushings that exceeds allowable 
limits, whereas this proposed AD would require repair done in 
accordance with a method approved by the FAA, EASA, or Leonardo S.p.a. 
Helicopters' EASA Design Organization Approval.
    Where EASA AD 2022-0258 requires performing an FPI, this proposed 
AD would require that the FPI be performed by a Level II or Level III 
inspector certified in the FAA-acceptable standards for nondestructive 
inspection personnel.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 69 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.
    Visually inspecting the main transmission support case would take 
about 2 work-hours for an estimated cost of $170 per helicopter and 
$11,730 for the U.S. fleet, per inspection cycle. Performing an FPI of 
the main transmission support case would take about 2 work-hours for an 
estimated cost of $170 per helicopter and $11,730 for the U.S. fleet, 
per inspection cycle.
    The FAA has no way of determining the costs pertaining to necessary 
repairs that are required to be done. Replacing the transmission 
support case assembly hardware parts including screws, washers, and 
case bushings would take about 2 work-hours and parts would cost up to 
$4,000 per helicopter for an estimated cost of up to $4,170 per 
helicopter. Replacing the main transmission support case would take up 
to about 47 work-hours and parts would cost about $120,000 for an 
estimated cost of $123,995 per helicopter.

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

[[Page 84769]]

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-2023-2231; Project Identifier MCAI-
2022-01623-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor 
Gearbox.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the lateral mounts 
of the main transmission support case. The FAA is issuing this AD to 
detect and address cracking of the main transmission support case. 
The unsafe condition, if not addressed, could result in the loss of 
load carrying capabilities of the main transmission 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 paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2022-0258, dated December 20, 2022 (EASA AD 2022-0258).

(h) Exceptions to EASA AD 2022-0258

    (1) Where EASA AD 2022-0258 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where the service information referenced in EASA AD 2022-
0258 specifies contacting Product Support Engineering for possible 
repairs regarding corrosion or pitting in a case bushing that 
exceeds allowable limits, this AD requires repair done in accordance 
with a method approved by the Manager, International Validation 
Branch, FAA; or EASA; or Leonardo S.p.a. Helicopters' EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.
    (3) Where paragraphs (3) and (4) of EASA AD 2022-0258 require 
replacing a component, this AD requires removing the component from 
service.
    (4) Where paragraph (5) of EASA AD 2022-0258 requires replacing 
the main transmission support case, this AD requires removing the 
main transmission support case assembly from service.
    (5) Where paragraph (2) of EASA AD 2022-0258 requires 
accomplishing a fluorescent penetrant inspections (FPI) of the main 
transmission support case, this AD requires that FPI be accomplished 
by a Level II or Level III inspector certified in the FAA-acceptable 
standards for nondestructive inspection personnel.
    Note 1 to paragraph (h)(5): Advisory Circular 65-31B contains 
examples of FAA-acceptable Level II and Level III qualification 
standards criteria for inspection personnel doing nondestructive 
test inspections.
    (6) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0258.

(i) 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, mail 
it to the address identified in paragraph (j) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email.
    (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

    For more information about this AD, contact Sungmo Cho, Aviation 
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: (781) 238-7241; email: [email protected].

(k) 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 2022-0258, 
dated December 20, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0258, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find the EASA 
material on the EASA website ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, 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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-26742 Filed 12-5-23; 8:45 am]
BILLING CODE 4910-13-P