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2021-22-10 LEONARDO S.P.A.: Amendment 39-21783; Docket No. FAA-2021-0695; Project Identifier MCAI-2021-00096-R.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective December 27, 2021.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to Leonardo S.p.a.  Model A109E helicopters,  certifi-
    cated in any category, with an affected part as identified in European
    Union Aviation Safety Agency (EASA)  AD 2021-0031,  dated  January 22,
    2021 (EASA AD 2021-0031) installed.

(d) SUBJECT

    Joint Aircraft Service Component (JASC) Code: 6520, Tail Rotor Gearbox

(e) UNSAFE CONDITION

    This AD was prompted by reports that certain tail rotor gearbox assem-
    blies were installed  on Model A109E  helicopters and those  parts are
    not approved for installation  on that helicopter model.  Because tail
    rotor gearbox assembly part number  (P/N) 109-0440-01-115 is  not part
    of the type design for Model A109E helicopters, there are no  overhaul
    or life limits included in the applicable maintenance manuals. The FAA
    is  issuing  this  AD to  address installation  of tail  rotor gearbox
    assembly P/N 109-0440-01-115  on Model A109E  helicopters that do  not
    have overhaul or life limits for that part. If a tail rotor gearbox is
    not properly maintained it could fail, resulting in reduced control of
    the helicopter.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) REQUIREMENTS

    Except as specified in paragraph (h)  of this AD:  Comply with all re-
    quired actions and compliance times specified in,  and  in  accordance
    with, EASA AD 2021-0031.

(h) EXCEPTIONS TO EASA AD 2021-0031

(1) Where EASA AD 2021-0031 requires compliance  in terms of flight hours,
    this AD requires using hours time-in-service.

(2) Where EASA AD 2021-0031 refers to its effective date, this AD requires
    using the effective date of this AD.

(3) This AD does not mandate compliance with the “Remarks” section of EASA
    AD 2021-0031.

(i) NO REPORTING REQUIREMENT

    Although the service information referenced in EASA AD 2021-0031 spec-
    ifies 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: 9-AVS-AIR-730-AMOC@faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, 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 Andrea Jimenez, Aerospace
    Engineer,  COS Program Management Section,  Operational Safety Branch,
    Compliance & Airworthiness Division, FAA, 1600 Stewart Ave, Suite 410,
    Westbury, NY 11590; telephone (516) 228-7330; email andrea.jimenez@faa
    .gov.

(l) 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 2021-0031, dated Janu-
    ary 22, 2021.

(ii) [Reserved]

(3) For EASA AD 2021-0031, contact the 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 EASA AD on the EASA web
    site at https://ad.easa.europa.eu.

(4) 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.  This material  may be found  in the AD docket on
    the Internet  at  https://www.regulations.gov  by  searching  for  and
    locating Docket No. FAA-2021-0695.

(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/ibr-
    locations.html.

Issued on October 14, 2021. Lance T Gant, Director, Compliance & Airworth-
iness Division, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT:  Andrea Jimenez,  Aerospace Engineer, COS
Program Management Section,  Operational Safety Branch,  Compliance & Air-
worthiness Division, FAA, 1600 Stewart Ave, Suite 410, Westbury, NY 11590;
telephone (516) 228-7330; email andrea.jimenez@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0695; Project Identifier MCAI-2021-00096-R;
Amendment 39-21783; AD 2021-22-10]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Leonardo S.p.a. Model A109E helicopters. This AD was prompted
by reports that certain tail rotor gearbox assemblies were installed on
Model A109E helicopters and those parts are not approved for
installation on that helicopter model. Because those assemblies are not
part of the type design for Model A109E helicopters, there are no
overhaul or life limits included in the applicable maintenance manuals.
This AD requires replacement of each affected tail rotor gearbox
assembly with a serviceable part, 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 December 27, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 27,
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
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 material on the EASA website at
https://ad.easa.europa.eu. 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. It is also available
in the AD docket at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0695.

Examining the AD Docket

You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0695; 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 address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7330; email andrea.jimenez@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0031, dated January 22, 2021
(EASA AD 2021-0031) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for Leonardo S.p.A., formerly Finmeccanica S.p.A., AgustaWestland
S.p.A., and Agusta S.p.A., Model A109E helicopters, all serial numbers
up to 11160 inclusive.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Leonardo S.p.a.
Model A109E helicopters. The NPRM published in the Federal Register on
August 25, 2021 (86 FR 47427). The NPRM was prompted by reports that
certain tail rotor gearbox assemblies were installed on Model A109E
helicopters and those parts are not approved for installation on that
helicopter model. During revisions to the Model A109E technical
publications it was noted that the 90-degree tail rotor gearbox
assembly, part number (P/N) 109-0440-01-115, is included in the
illustrated parts catalog (IPC) for helicopters with serial numbers (S/
N) up to and including S/N 11160. The IPC incorrectly identifies this
part number as a replacement part for P/N 109-0440-01-119 or P/N 109-
0440-01-121. The NPRM proposed to require replacement of each affected
tail rotor gearbox assembly with a serviceable part, as specified in
EASA AD 2021-0031.
The FAA is issuing this AD to address installation of tail rotor
gearbox assembly P/N 109-0440-01-115 that is not approved for
installation on Model A109E helicopters. Because P/N 109-0440-01-115 is
not part of the type design for Model A109E helicopters, there are no
overhaul or life limits included in the applicable maintenance manuals.
If a tail rotor gearbox is not properly maintained it could fail,
resulting in reduced control of the helicopter. See EASA AD 2021-0031
for additional background information.

Discussion of Final Airworthiness Directive

Comments

The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator. Accordingly,
the FAA is issuing this AD to address the unsafe condition on these
products.

Related Service Information Under 1 CFR Part 51

EASA AD 2021-0031 requires replacement of a tail rotor gearbox
assembly P/N 109-0440-01-115 with a serviceable part. EASA AD 2021-0031
also prohibits installation of tail rotor gearbox assembly P/N 109-
0440-01-115 on any Leonardo S.p.A. Model A109E helicopter.
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.

Costs of Compliance

The FAA estimates that this AD affects 70 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

Estimated Costs for Required Actions

Action
Labor cost
Parts cost
Cost per product
Cost on U.S. operators
Replacement 12 work-hours x $85 per hour = $1,020
$82,500
$83,520
$5,846,400

The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs may be
covered under warranty, thereby reducing the cost impact on affected
operators.

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,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 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: