Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Proposed Rules 84767 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Deutsche Aircraft 

GmbH’s EASA Design Organization Approval 

(DOA). If approved by the DOA, the approval 

must include the DOA-authorized signature. 

(j) Additional Information 

For more information about this AD, 

contact Todd Thompson, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3228; email Todd.Thompson@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) 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 2023–0137, dated July 12, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0137, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this EASA AD 

on the EASA website at ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(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 fr.inspection@nara.gov. 

Issued on November 29, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–26664 Filed 12–5–23; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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 KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email Ads@easa.europa.eu; 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 productsupport@bellflight.com; or 

at bellflight.com/support/contactsupport. 

FOR FURTHER INFORMATION CONTACT: 

Sungmo Cho, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: (781) 238– 

7241; email: sungmo.d.cho@faa.gov. 

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 


lotter on DSK11XQN23PROD with PROPOSALS1
84768 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Proposed Rules 

11590; phone: (781) 238–7241; email: 

sungmo.d.cho@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. 

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 


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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Proposed Rules 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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 DOAauthorized 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 FAAacceptable standards for nondestructive 

inspection personnel. 

Note 1 to paragraph (h)(5): Advisory 

Circular 65–31B contains examples of FAAacceptable 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: 9-AVSAIR-730-AMOC@faa.gov. 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: sungmo.d.cho@faa.gov. 

(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 ADs@easa.europa.eu; 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 fr.inspection@nara.gov. 

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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