Rule2023-08629
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 25, 2023
Effective
May 10, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 79 (Tuesday, April 25, 2023)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08629]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. 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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> 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: <a href="/cdn-cgi/l/email-protection#07464374476266746629627275687766296272"><span class="__cf_email__" data-cfemail="ffbebb8cbf9a9e8c9ed19a8a8d908f9ed19a8a">[email protected]</span></a>; internet:
easa.europa.eu. You may find this IBR material on the EASA website at
ad.easa.europa.eu.
<bullet> 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
<a href="http://regulations.gov">regulations.gov</a> 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
<a href="http://customerportal.leonardocompany.com/en-US/">customerportal.leonardocompany.com/en-US/</a>. 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
<a href="/cdn-cgi/l/email-protection#1f586d7a78706d6631533154707a7176785f797e7e31787069"><span class="__cf_email__" data-cfemail="92d5e0f7f5fde0ebbcdebcd9fdf7fcfbf5d2f4f3f3bcf5fde4">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#fbbc899e9c948982d5b7d5b0949e95929cbb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="12556077757d606b3c5e3c597d777c7b75527473733c757d64">[email protected]</span></a>. 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
<a href="/cdn-cgi/l/email-protection#88e9eafbedfaede6efa6e9ffc8e4ede7e6e9faece7ebe7e5f8e9e6f1a6ebe7e5"><span class="__cf_email__" data-cfemail="1a7b78697f687f747d347b6d5a767f75747b687e757975776a7b746334797577">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#a0998de1f6f38de1e9f28d9793908de1edefe3e0c6c1c18ec7cfd6"><span class="__cf_email__" data-cfemail="2b12066a7d78066a6279061c181b066a6664686b4d4a4a054c445d">[email protected]</span></a>.
(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
<a href="/cdn-cgi/l/email-protection#35724750525a474c1b791b7e5a505b5c52755354541b525a43"><span class="__cf_email__" data-cfemail="03447166646c717a2d4f2d486c666d6a64436562622d646c75">[email protected]</span></a>.
(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:
<a href="/cdn-cgi/l/email-protection#77363304371216041659120205180716591202"><span class="__cf_email__" data-cfemail="67262314270206140649021215081706490212">[email protected]</span></a>; 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: <a href="/cdn-cgi/l/email-protection#d5b3a7fbbcbba6a5b0b6a1bcbabb95bbb4a7b4fbb2baa3"><span class="__cf_email__" data-cfemail="dbbda9f5b2b5a8abbeb8afb2b4b59bb5baa9baf5bcb4ad">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
[[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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 25, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.