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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0806; Project Identifier MCAI-2022-00377-R;
Amendment 39-22108; AD 2022-14-03]
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 reports of cracked tailboom attachment bolts and barrel
nuts. This AD requires replacing the upper left hand (LH) tailboom
attachment bolt, visually inspecting the other three tailboom
attachment bolts and all barrel nuts, repetitive torque checks of the
tailboom attachment bolts, and corrective action if necessary, 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 becomes effective July 28, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 28,
2022.
The FAA must receive comments on this AD by August 29, 2022.
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 https://www.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.
For EASA material incorporated by reference (IBR) in this final
rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. 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 https://customerportal.leonardocompany.com/
en-US/. You may view this material
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.
Service Information that is IBRed is also available in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0806.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0806; 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. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Jacob Fitch, Aerospace Engineer,
COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222-4130; email 9-AVS-AIR-730-AMOC@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0046, dated March 17, 2022
(EASA AD 2022-0046), to correct an unsafe condition for all serial-
numbered Leonardo S.p.a. Model AB212, AB412, and AB412EP helicopters.
This AD was prompted by reports of cracked tailboom attachment
bolts and barrel nuts. The FAA is issuing this AD to address the
fatigue cracking of tailboom attachment bolts. See EASA AD 2022-0046
for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0046 requires a one-time replacement of the upper
left-hand tailboom attachment bolt and an inspection of the other three
tailboom attachment bolts and all four barrel nuts for corrosion and
damage. If there is any corrosion or damage, EASA AD 2022-0046 requires
replacing the attachment bolt or barrel nut as applicable. EASA AD
2022-0046 also requires a torque check following each replacement of a
tailboom attachment bolt or after tailboom installation and depending
on the results of the torque check, corrective action.
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 Leonardo Helicopters Service Bulletin Alert
No. 412-170, dated March 1, 2022. This service information specifies
procedures for inspecting and the replacing the tailboom attachment
hardware.
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, its technical representative,
has notified the FAA of the unsafe condition described in its AD. The
FAA is issuing this AD after evaluating all pertinent information and
determining that the unsafe condition exists and is likely to exist or
develop on other helicopters of the same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in EASA AD
2022-0046, described previously, as IBRed, except for any differences
identified as exceptions in the regulatory text of this AD and as
discussed under ``Differences Between this AD and 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 2022-0046 is IBRed in this FAA final rule. This AD, therefore,
requires compliance with EASA AD 2022-0046 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 2022-0046 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
2022-0046. Service information referenced in EASA AD 2022-0046 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0806 after this final
rule is published.
Differences Between This AD and EASA AD
EASA AD 2022-0046 includes Model AB212 helicopters in the
applicability; this AD does not because that helicopter model is not
FAA type-certificated. Service information referenced in EASA AD 2022-
0046 specifies sending compliance forms to the manufacturer; this AD
does not require that action. EASA AD 2022-0046 requires contacting the
manufacturer for disposition instructions for damaged parts; this AD
does not and instead requires that the parts be removed from service.
Interim Action
The FAA considers this AD an interim action. If final action is
later identified, the FAA might consider further rulemaking then.
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 no helicopters with these type certificates on the U.S.
Registry. 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 reason(s), 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.
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-2022-0806; Project Identifier MCAI-
2022-00377-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
https://www.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 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 Jacob
Fitch, Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; email 9-AVS-AIR-730-AMOC@faa.gov.
Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
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 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, 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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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