[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53192-53195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20828]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0721; Project Identifier MCAI-2020-00616-R; 
Amendment 39-21713; AD 2021-18-12]
RIN 2120-AA64


Airworthiness Directives; PZL Swidnik S.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain PZL Swidnik S.A. Model PZL W-3A helicopters. This AD was 
prompted by a report of fractured hoist carrying assembly bracket 
(bracket) bolts. This AD requires repetitively inspecting the sealing 
compound of certain part-numbered brackets, and depending on the 
results, removing the hoist or removing the hardware from service and 
installing new hardware. As an option to replacing the bolts, this AD 
allows deactivating the hoist, turning the circuit breaker panel 
switches to the OFF position, installing inoperative placards on the 
circuit breaker panel switches, and before each flight, inspecting the 
sealing compound. This AD also establishes a life limit for the bracket 
bolts, and prohibits installing an affected hoist or an affected 
bracket and hoist unless the actions required by this AD have been 
accomplished. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective October 12, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of October 12, 
2021.
    The FAA must receive comments on this AD by November 12, 2021.

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 service information identified in this final rule, contact WSK 
``PZL-[Sacute]widnik'' S.A., Al. Lotnik[oacute]w Polskich 1, 21-045 
[Sacute]widnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722 
5625; email: PL-CustomerSupport.AW@leonardocompany.com; or at https://www.pzlswidnik.pl/en/home. 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. It is 
also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0721.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0721; 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 
European Union Aviation Safety Agency (EASA) AD, any comments received, 
and other information. The street address for Docket Operations is 
listed above.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aerospace Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
Compliance & Airworthiness Division, FAA, 2200 S 216th St., Des Moines, 
WA 98198; telephone (202) 267-7457; email fred.guerin@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2019-0191-E, dated July 
31, 2019 (EASA Emergency AD 2019-0191-E), to correct an unsafe 
condition for Wytw[oacute]rnia Sprz[eogon]tu Komunikacyjnego (WSK) 
``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna (S.A.) Model PZL W-
3A helicopters. EASA advises of a report of fractured bracket bolts. 
This condition, if not addressed, could result in detachment of the 
bracket resulting in movement of the hoist carrying assembly around the 
axis of the remaining two lower brackets, and subsequent damage to the 
helicopter and loss of hoisted load or person(s).
    Accordingly, EASA Emergency AD 2019-0191-E requires repetitive 
inspections of the sealing compound around the affected brackets and, 
depending on the findings, accomplishing applicable corrective actions. 
EASA Emergency AD 2019-

[[Page 53193]]

0191-E also requires repetitive replacement of the affected bolts. EASA 
considers its AD an interim action and states that further AD action 
may follow.

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 has notified the FAA about the 
unsafe condition described in its AD. The FAA is issuing 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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO 
``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Mandatory Bulletin 
No. BO-37-19-296, dated July 30, 2019. This service information 
specifies procedures for repetitively inspecting the sealing compound 
along the edges of bracket part number (P/N) 39.30.205.03.01 and 
39.30.213.00.00. If there is any cracked sealing compound, this service 
information specifies procedures for removing the hoist and prohibits 
installing and using the hoist until corrective action is available. If 
no cracks are found in the sealing compound, this service information 
specifies procedures for replacing the bolts with new bolts if the 
hoist is intended to be used and procedures for deactivating the hoist 
if the hoist is not intended to be used. This service information also 
specifies a life limit for the bracket bolts.
    This service information 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.

AD Requirements

    For helicopters with a hoist type 76378 installed, this AD requires 
repetitively cleaning and inspecting the sealing compound around the 
bracket edges and near each nut for cracked sealing compound. If there 
is any cracked sealing compound, this AD requires removing the hoist 
from service. If there is not any cracked sealing compound, this AD 
requires removing the bolts from service and installing new bolts. As 
an option to replacing the bolts, this AD allows deactivating the 
hoist, turning the circuit breaker panel switches to the OFF position, 
installing inoperative placards on the circuit breaker panel switches, 
and before each flight, inspecting the sealing compound. This AD also 
establishes a life limit for the bolts. Lastly, this AD prohibits 
installing an affected hoist or an affected bracket and hoist unless 
the actions required by this AD have been accomplished.

Differences Between This AD and the EASA AD

    EASA Emergency AD 2019-0191-E requires using extraction naphtha, 
whereas this proposed AD would allow using aliphatic naphtha or 
extraction naphtha. This proposed AD would require removing each 
previously-installed bracket bolt, nut, washer, and cotter pin from 
service, whereas EASA AD 2019-0191-E does not. This proposed AD would 
count a cycle anytime the cable is extended and then retracted during 
flight or on the ground, whereas EASA Emergency AD 2019-0191-E does not 
clarify the conditions used for cycle counting. EASA Emergency AD 2019-
0191-E allows, in lieu of replacing bolts or removing the hoist, 
operation of a helicopter with the hoist installed, provided the hoist 
is deactivated and its use is prohibited and the sealing compound of 
the affected bracket is inspected before each flight. This AD allows 
that provision only if there is not any cracked sealing compound.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking.

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 this type certificate 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, 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-2021-0721; Project Identifier MCAI-
2020-00616-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 Fred 
Guerin, Aerospace Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, Compliance & Airworthiness Division, 
FAA, 2200 S 216th St., Des Moines, WA 98198; telephone (202) 267-7457; 
email fred.guerin@faa.gov. Any commentary that the FAA receives which 
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

[[Page 53194]]

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 this type certificate 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 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

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:

2021-18-12 PZL Swidnik S.A.: Amendment 39-21713; Docket No. FAA-
2021-0721; Project Identifier MCAI-2020-00616-R.

(a) Effective Date

    This airworthiness directive (AD) is effective October 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to PZL Swidnik S.A. Model PZL W-3A helicopters, 
certificated in any category, with hoist type 76378 or hoist 
carrying assembly bracket (bracket) part number (P/N) 
39.30.205.03.01 or 39.30.213.00.00 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of fractured bracket bolts. The 
FAA is issuing this AD to prevent detachment of the bracket 
resulting in movement of the hoist carrying assembly around the axis 
of the remaining two lower brackets. The unsafe condition, if not 
addressed, could result in damage to the helicopter and loss of 
hoisted load or person(s).

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    (1) For helicopters with a hoist type 76378 installed, before 
further flight after the effective date of this AD:
    (i) Clean the area where bracket P/N 39.30.205.03.01 or 
39.30.213.00.00 is installed to the fuselage structure using 
extraction or aliphatic naphtha. Using a flashlight and a magnifying 
glass with a minimum x5 magnification, inspect around the bracket 
edge and near each nut for cracked sealing compound. Refer to Figure 
1 of WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO ``PZL-
[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Mandatory Bulletin No. 
BO-37-19-296, dated July 30, 2019 (MB BO-37-19-296), for an example 
of cracked sealing compound.
    (A) If there is any cracked sealing compound, before further 
flight, remove the hoist from service. Reinstallation of a hoist 
type 76378 (that has not been removed from service) is allowed, 
provided that, before installation, the helicopter is modified in 
accordance with a method approved by the Manager, General Aviation 
and Rotorcraft Section, International Validation Branch, FAA; or 
EASA; or PZL Swidnik S.A.'s EASA Design Organization Approval (DOA). 
If approved by the DOA, the approval must include the DOA-authorized 
signature. Following modification, all repetitive inspections, 
replacements, and applicable corrective actions must be done as 
specified in this AD.
    (B) If there are no cracks in the sealing compound, before 
further flight, replace each bracket bolt one-by-one by following 
Chapter II, paragraphs A.4.b. through i., of MB BO-37-19-296, except 
where it states to use extraction naphtha, you may substitute 
aliphatic naphtha. Remove each previously-installed bracket bolt, 
nut, washer, and cotter pin from service.
    (C) As an option to the actions required by paragraph 
(g)(1)(i)(B) of this AD, deactivate the hoist by following Chapter 
II, paragraph 3.2.2., of MB BO-37-19-296; and thereafter, before 
each flight, inspect the sealing compound by accomplishing the 
actions required by paragraph (g)(1)(i) of this AD.
    (ii) If there are no cracks in the sealing compound, within 25 
hours time-in-service (TIS) after the replacement required by 
paragraph (g)(1)(i)(B) of this AD, and thereafter at intervals not 
to exceed 25 hours TIS, accomplish the actions required by paragraph 
(g)(1)(i) of this AD.
    (iii) Within 800 hoist cycles after the replacement required by 
paragraph (g)(1)(i)(B) of this AD, and thereafter at intervals not 
to exceed 800 hoist cycles, replace each bracket bolt by 
accomplishing the actions required by paragraph (g)(1)(i)(B) of this 
AD. For the purposes of this AD, a cycle is counted anytime the 
cable is extended and then retracted during flight or on the ground, 
for any cable length extended and retracted and with or without 
load.
    (2) For helicopters with a bracket P/N 39.30.205.03.01 or 
39.30.213.00.00 installed, but no hoist installed, as of the 
effective date of this AD, do not install a hoist type 76378 unless 
the actions required by paragraph (g)(1) of this AD have been 
accomplished.
    (3) As of the effective date of this AD, do not install bracket 
P/N 39.30.205.03.01 or 39.30.213.00.00 and hoist type 76378 on any 
helicopter unless the actions required by paragraph (g)(1) of this 
AD have been accomplished.

(h) 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 (i)(1) 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

[[Page 53195]]

of the local flight standards district office/certificate holding 
district office.

(i) Related Information

    (1) For more information about this AD, contact Fred Guerin, 
Aerospace Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, Compliance & Airworthiness 
Division, FAA, 2200 S 216th St., Des Moines, WA 98198; telephone 
(202) 267-7457; email fred.guerin@faa.gov.
    (2) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) Emergency AD 2019-0191-E, dated July 
31, 2019. You may view the EASA AD at https://www.regulations.gov in 
Docket No. FAA-2021-0721.

(j) 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 the AD specifies otherwise.
    (i) WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO ``PZL-
[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Mandatory Bulletin No. 
BO-37-19-296, dated July 30, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact WSK 
``PZL-[Sacute]widnik'' S.A., Al. Lotnik[oacute]w Polskich 1, 21-045 
[Sacute]widnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722 
5625; email: PL-CustomerSupport.AW@leonardocompany.com; or at 
https://www.pzlswidnik.pl/en/home.
    (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.
    (5) You may view this service information 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 August 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-20828 Filed 9-24-21; 8:45 am]
BILLING CODE 4910-13-P


