This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

41581 

Vol. 87, No. 133 

Wednesday, July 13, 2022 

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. 

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-AVSAIR-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 onetime 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. 


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41582 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

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 


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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 41583 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2022–14–03 Leonardo S.p.a.: Amendment 

39–22108; Docket No. FAA–2022–0806; 

Project Identifier MCAI–2022–00377–R. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective July 28, 2022. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Leonardo S.p.a. 

Model AB412 and AB412 EP helicopters. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code: 5302, Rotorcraft Tail Boom. 

(e) Unsafe Condition 

This AD was prompted by reports of 

cracked tailboom attachment bolts and barrel 

nuts. The FAA is issuing this AD to address 

fatigue cracking of tailboom attachment bolts 

and barrel nuts. The unsafe condition, if not 

addressed, could result in separation of the 

tailboom from the helicopter 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 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 (EASA) AD 2022– 

0046, dated March 17, 2022 (EASA AD 2022– 

0046). 

(h) Exceptions to EASA AD 2022–0046 

(1) Where EASA AD 2022–0046 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2022–0046 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(3) Where EASA AD refers to March 14, 

2022, the effective date of EASA AD 2022– 

0035 dated March 7, 2022, this AD requires 

using the effective date of this AD. 

(4) Where the service information 

referenced in EASA AD 2022–0046 specifies 

contacting Leonardo S.p.a. for disposition 

instructions if a part is found damaged, this 

AD instead requires removing the part from 

service. 

(5) Where the service information 

referenced in EASA AD 2022–0046 specifies 

discarding a certain part, this AD instead 

requires removing that part from service. 

(6) This AD does not mandate compliance 

with the ‘‘Remarks’’ section of EASA AD 

2022–0046. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2022–0046 specifies 

submitting 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: 9-AVS-AIR730-AMOC@faa.gov. 

(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 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. 

(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 this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2022–0046, dated March 17, 

2022. 

(ii) [Reserved] 

(3) For EASA AD 2022–0046, 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 the 

EASA material on the EASA website at 

https://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. 

This material may be found in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2022–0806. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on June 23, 2022. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–14817 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0169; Airspace 

Docket No. 21–ASO–3] 

RIN 2120–AA66 

Amendment Class D and Class E 

Airspace; South Florida; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Aviation 

Administration (FAA) is correcting a 

final rule that appeared in the Federal 

Register on March 4, 2022, amending 

airspace for several airports in the south 

Florida area. This action corrects the 

legal description of Miami Executive 

Airport (formerly Kendall-Tamiami 

Executive Airport), by including the 

erroneously omitted surface E airspace 

description. 

DATES: Effective 0901 UTC, September 

8, 2022. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.11 and publication of 

conforming amendments. 


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