[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64813-64815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25215]


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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 [email protected]; 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 [email protected].

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

[[Page 64814]]

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

    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

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:

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, 
certificated 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 
assemblies 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

[[Page 64815]]

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 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, 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 
specifies 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: [email protected].
    (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 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 [email protected].

(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 January 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 
[email protected]; Internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website 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 
[email protected], or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 14, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-25215 Filed 11-18-21; 8:45 am]
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