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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules
This proposed 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. During revisions to the Model A109E technical publications it was noted that the 90-degree tail rotor gearbox assembly, part number P/N
109044001115, 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 1090440
01119 or P/N 109044001121.
The FAA is proposing this AD to address installation of tail rotor gearbox assembly P/N 109044001115 that is not approved for installation on Model A109E helicopters. Because P/N 109
044001115 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 20210031 for additional background information.
Related Service Information Under 1
CFR Part 51
EASA AD 20210031 requires replacement of a tail rotor gearbox assembly P/N 109044001115 with a serviceable part. EASA AD 20210031
also prohibits installation of tail rotor gearbox assembly P/N 109044001

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.
FAAs Determination These helicopters have been approved by EASA and are approved for operation in the United States. Pursuant to the FAAs 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 the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified in EASA AD 20210031, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information In the FAAs 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 20210031 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 20210031
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 20210031 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 Actions and Compliance Times in EASA AD 20210031.
Service information required by EASA
AD 20210031 for compliance will be available at https www.regulations.gov by searching for and locating Docket No.
FAA20210695 after the FAA final rule is published.
Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 70
helicopters of U.S. Registry. The FAA
estimates the following costs to comply with this proposed AD:

ESTIMATED COSTS
Action
Labor cost
Replacement

12 work-hours $85 per hour = $1,020

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

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Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs 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 Agencys authority.
The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under
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Parts cost
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 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
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$82,500

Cost per product $83,520

Cost on U.S.
operators $5,846,400

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.

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