Airworthiness Directives; PZL Swidnik S.A. Helicopters

[Federal Register Volume 86, Number 159 (Friday, August 20, 2021)]
[Rules and Regulations]
[Pages 46769-46771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17838]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0683; Project Identifier MCAI-2020-00614-R; 
Amendment 39-21696; AD 2021-17-13]
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 a damaged wheel braking system pneumatic line 
fitting installed on the left-hand (LH) main landing gear (MLG) leg. 
This AD requires modifying the LH MLG leg. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD becomes effective September 7, 2021.
    The FAA must receive comments on this AD by October 4, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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: [email protected]; 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0683; 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 Aviation Safety Agency (now 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, 
FAA, 2200 S 216th St, Des Moines, WA 98198; telephone (202) 267-7457; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2018-0274, dated December 13, 2018 
(EASA AD 2018-0274), to correct an unsafe condition for 
Wytw[oacute]rnia Sprz[eogon]tu Komunikacyjnego (WSK) ``PZL-

[[Page 46770]]

[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna (S.A.) Model PZL W-3A 
helicopters. EASA advises that damage was reported of the wheel braking 
system pneumatic line fitting installed on the LH MLG leg. Subsequent 
investigation determined that the wheel braking system pneumatic line 
fitting damage was caused by an impact of a load hoisted by the rescue 
hoist. This condition, if not addressed, could result in loss of MLG 
wheel braking capability, and subsequent loss of control of the 
helicopter during a roll-on landing.
    Accordingly, EASA AD 2018-00274 requires, for helicopters equipped 
with a rescue hoist, modification of the LH MLG leg by installing 
shield assembly part number (P/N) 37.96.204.00.00. EASA AD 2018-0274 
also specifies that for helicopters not equipped with a rescue hoist, 
installation of a rescue hoist is permitted provided that the 
helicopter is also modified by installing the shield assembly.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in EASA AD 
2018-0274. The FAA is proposing this AD after evaluating all the 
relevant information and determining the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design.

Related Service Information

    The FAA reviewed WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO 
``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Mandaroty Bulletin 
No. BO-37-18-301, dated December 10, 2018. This service information 
specifies procedures for installing shield assembly P/N 37.96.204.00.00 
on the LH MLG leg on Model PZL W-3A helicopters with a rescue hoist 
installed.

AD Requirements

    For helicopters with a rescue hoist installed, this AD requires 
modifying the LH MLG leg by installing shield assembly P/N 
37.96.204.00.00. Additionally, this AD prohibits installing a rescue 
hoist unless shield assembly P/N 37.96.204.00.00 is also installed.

Difference Between This AD and the EASA AD

    Whereas EASA AD 2018-0274 applies to all PZL W-3A helicopters, this 
AD applies to PZL W-3A helicopters with a rescue hoist installed.

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-2021-0683; Project Identifier MCAI-
2020-00614-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, FAA, 2200 S 216th St., Des Moines, WA 
98198; telephone (202) 267-7457; email [email protected]. 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 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

[[Page 46771]]

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:

2021-17-13 PZL Swidnik S.A.: Amendment 39-21696; Docket No. FAA-
2021-0683; Project Identifier MCAI-2020-00614-R.

(a) Effective Date

    This airworthiness directive (AD) is effective September 7, 
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 a rescue hoist installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 3201, Landing 
Gear/Wheel Fairing.

(e) Unsafe Condition

    This AD was prompted by a report of a damaged wheel braking 
system pneumatic line fitting installed on the left-hand (LH) main 
landing gear (MLG) leg. The FAA is issuing this AD to prevent damage 
to MLG pneumatic wheel braking system. The unsafe condition, if not 
addressed, could result in loss of MLG wheel braking capability, and 
subsequent loss of control of the helicopter during a roll-on 
landing.

(f) Compliance

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

(g) Required Actions

    (1) Within 30 days after the effective date of this AD, modify 
the LH MLG leg by installing shield assembly part number (P/N) 
37.96.204.00.00.
    Note 1 to paragraph (g)(1): A sketch of the installation of 
shield P/N 37.96.204.01.00 and clamps P/N MS21920-35, which together 
constitute shield assembly P/N 37.96.204.00.00, is available in 
Attachment 1, of WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO 
``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Mandatory 
Bulletin No. BO-37-18-301, dated December 10, 2018.
    (2) As of the effective date of this AD, do not install a rescue 
hoist unless the action required by paragraph (g)(1) of this AD has 
been accomplished concurrently with the rescue hoist installation or 
within 30 days after the effective date of this AD, whichever occurs 
later.

(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: [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.

(i) Related Information

    (1) For more information about this AD, contact Fred Guerin, 
Aerospace Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 2200 S 216th St., Des Moines, 
WA 98198; telephone (202) 267-7457; email [email protected].
    (2) 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: [email protected]; or at 
https://www.pzlswidnik.pl/en/home. You may view this referenced 
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.
    (3) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
2018-0274, dated December 13, 2018. You may view the EASA AD at 
https://www.regulations.gov in Docket No. FAA-2021-0683.

    Issued on August 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-17838 Filed 8-19-21; 8:45 am]
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