Background The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019-0039, dated February 20, 2019 (EASA AD 2019-0039) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for certain Leonardo S.p.A. Model AW189 helicopters. 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 AW189 helicopters. The NPRM published in the Federal Register on August 23, 2021 (86 FR 47033). The NPRM was prompted by a report that a number of fairleads that support the engine combustion chamber D1 drain hose showed evidence of heat damage. The NPRM proposed to require modifying the helicopter by installing a certain engine combustion chamber D1 drain assembly, as specified in an EASA AD. The FAA is issuing this AD to address heat damage of the engine combustion chamber D1 drain hose, which in a case where the right-hand engine is operated in the one engine inoperative (OEI) rating, the D1 drain pipe could transfer so much heat to the nearby fuel system vent pipe that its internal surface temperature could exceed the auto-ignition temperature for fuel. The unsafe condition, if not addressed, could result in undetected fire ignition in the fuel tank bay with consequent loss of the helicopter. See the MCAI for additional background information. 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 and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA has determined that these minor changes: - Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and - Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 EASA AD 2019-0039 requires modifying the helicopter by installing the engine combustion chamber D1 drain assembly, part number 8G7170P00111. 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 4 helicopters of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Modification 4 work-hours × $85 per hour = $340 $2,557 $2,897 $11,588 The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this AD 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2021-22-09 Leonardo S.p.a.: Amendment 39-21782; Docket No. FAA-2021-0687; Project Identifier 2019-SW-029-AD. (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 AW189 helicopters, certificated in any category, as identified in European Union Aviation Safety Agency (EASA) AD 2019-0039, dated February 20, 2019 (EASA AD 2019-0039). (d) Subject Joint Aircraft Service Component (JASC) Code: 7170, Engine Drains. (e) Unsafe Condition This AD was prompted by a report that a number of fairleads that support the engine combustion chamber D1 drain hose showed evidence of heat damage. The FAA is issuing this AD to address such heat damage, which in a case where the right-hand engine is operated in the one engine inoperative (OEI) rating, the D1 drain pipe could transfer so much heat to the nearby fuel system vent pipe that its internal surface temperature could exceed the auto-ignition temperature for fuel. The unsafe condition, if not addressed, could result in undetected fire ignition in the fuel tank bay with consequent loss 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 2019-0039. (h) Exceptions to EASA AD 2019-0039 (1) Where EASA AD 2019-0039 requires compliance in terms of flight hours, this AD requires using hours time-in-service. (2) Where EASA AD 2019-0039 refers to its effective date, this AD requires using the effective date of this AD. (3) Where the service information required by EASA AD 2019-0039 specifies discarding parts, this AD requires removing those parts from service. (4) This AD does not require the "Remarks" section of EASA AD 2019-0039. (i) No Reporting Requirement Although the service information referenced in EASA AD 2019-0039 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Special Flight Permit Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 to operate the airplane to a location where the helicopter can be modified, provided the OEI rating is prohibited on the right-hand engine. (k) 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 (l) 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 inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (l) 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 jacob.fitch@faa.gov. (m) 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 2019-0039, dated February 20, 2019. (ii) [Reserved] (3) For EASA AD 2019-0039, 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 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-0687. (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 fedreg.legal@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 & Airworthiness Division, Aircraft Certification Service.