[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18774-18776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05478]


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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; 
Amendment 39-22684; AD 2024-04-05]
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 all 
Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This AD was 
prompted by reports of cracks in the lateral mounts of the main 
transmission support case. This AD requires 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 incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective April 19, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 19, 
2024.

ADDRESSES: 
    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 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.
    Material Incorporated by Reference:
     For EASA material that is identified in this final rule, 
contact EASA, Konrad-

[[Page 18775]]

Adenauer-Ufer 3, 50668 Cologne, Germany; phone +49 221 8999 000; email 
[email protected]; website 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. It is also available at 
regulations.gov under Docket No. FAA-2023-2231.
    Other Related Service Information: For Bell Helicopter service 
information identified in this final rule, 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. You may also view this service 
information at the FAA contact information under Material Incorporated 
by Reference above.

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: 

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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Leonardo S.p.a. 
Model AB412 and AB412 EP helicopters. The NPRM published in the Federal 
Register on December 6, 2023 (88 FR 84767). The NPRM 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. The NPRM proposed to require repetitive visual 
inspections and FPI and, depending on the results, corrective action, 
as specified in EASA AD 2022-0258.
    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. See EASA 
AD 2022-0258 for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 reviewed the relevant 
data 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 helicopters. Except for a minor editorial change, 
this AD is adopted as proposed in the NPRM. The change will not 
increase the economic burden on any operator.

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.

Differences Between This AD and the EASA AD

    EASA AD 2022-0258 applies to Model AB212 helicopters, whereas this 
AD does 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 AD requires 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 AD 
requires 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 affects 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 AD.
    Visually inspecting the main transmission support case takes 
approximately 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 takes approximately 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 takes approximately 2 work-hours and parts cost up to 
$4,000 per helicopter for an estimated cost of up to $4,170 per 
helicopter. Replacing the main transmission support case takes 
approximately 47 work-hours and parts cost approximately $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 regulations for 
practices, methods, and procedures the Administrator finds

[[Page 18776]]

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.


39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2024-04-05 Leonardo S.p.a.: Amendment 39-22684; Docket No. FAA 2023-
2231; Project Identifier MCAI-2022-01623-R.

(a) Effective Date

    This airworthiness directive (AD) is effective April 19, 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 inspection (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, send 
it to the attention of the person identified in paragraph (j) 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

    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; phone +49 221 8999 000; email 
[email protected]; website 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 February 16, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
 [FR Doc. 2024-05478 Filed 3-14-24; 8:45 am]
 BILLING CODE 4910-13-P