Proposed Rule2023-26742
Airworthiness Directives; Leonardo S.p.a. Helicopters
Primary source
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Published
December 6, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 233 (Wednesday, December 6, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<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-2023-2231; 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:
<bullet> For EASA material that is identified in this NPRM, contact
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#ffbe9b8cbf9a9e8c9ed19a8a8d908f9ed19a8a"><span class="__cf_email__" data-cfemail="4302273003262230226d2636312c33226d2636">[email protected]</span></a>; internet easa.europa.eu. You may find
the EASA material on the EASA website ad.easa.europa.eu.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#81f1f3eee5f4e2f5f2f4f1f1eef3f5c1e3e4edede7ede8e6e9f5afe2eeec"><span class="__cf_email__" data-cfemail="80f0f2efe4f5e3f4f3f5f0f0eff2f4c0e2e5ecece6ece9e7e8f4aee3efed">[email protected]</span></a>; or at
<a href="http://bellflight.com/support/contact-support">bellflight.com/support/contact-support</a>.
FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781)
238-7241; email: <a href="/cdn-cgi/l/email-protection#ec9f99828b8183c288c28f8483ac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="483b3d262f2527662c662b2027082e2929662f273e">[email protected]</span></a>.
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
<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 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: <a href="/cdn-cgi/l/email-protection#1566607b72787a3b713b767d7a557374743b727a63"><span class="__cf_email__" data-cfemail="295a5c474e4446074d074a4146694f4848074e465f">[email protected]</span></a>. 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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
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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: <a href="/cdn-cgi/l/email-protection#2e17036f787d036f677c03191d1e036f63616d6e484f4f00494158"><span class="__cf_email__" data-cfemail="182135594e4b3559514a352f2b28355955575b587e7979367f776e">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#1b686e757c7674357f357873745b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="1162647f767c7e3f753f72797e517770703f767e67">[email protected]</span></a>.
(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
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="2362675063464250420d4656514c53420d4656">[email protected]</a>; 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#d4b2a6fabdbaa7a4b1b7a0bdbbba94bab5a6b5fab3bba2"><span class="__cf_email__" data-cfemail="2e485c0047405d5e4b4d5a4741406e404f5c4f00494158">[email protected]</span></a>.
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
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