Airworthiness Directives; PZL Swidnik S.A. Helicopters

[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53200-53203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20830]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0723; Project Identifier MCAI-2020-00268-R; 
Amendment 39-21716; AD 2021-18-15]
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 that displaced teeth were detected on the moveable 
assemblies of a main rotor (MR) blade droop stop. This AD requires 
removing from service the moveable assemblies from each affected MR 
blade droop stop and prohibits installation of an affected MR blade 
droop stop and moveable assemblies of affected MR blade droop stops. 
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:
    <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. It is 
also available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0723.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0723; 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: Andrea Jimenez, Aerospace Engineer,

[[Page 53201]]

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 2019-0202, dated August 19, 2019 
(EASA AD 2019-0202), to correct an unsafe condition for PZL Swidnik 
S.A. Model PZL W-3A and PZL W-3AS helicopters all manufacturer serial 
numbers. Model PZL W-3AS helicopters are not certificated by the FAA 
and are not included on the U.S. type certificate data sheet; this AD 
therefore does not include those helicopters in the applicability.
    EASA advises that an occurrence was reported where displaced teeth 
were detected on the moveable assemblies of an MR blade droop stop part 
number (P/N) 37.21.800.00.00). This condition, if not addressed, could 
result in erroneous operation of MR blade droop stop teeth during 
engine start-up or shut-down, or dynamic drop-down of an MR blade, 
resulting in contact of the affected MR blade with the tail boom, and 
possibly resulting in injury of occupants or persons on the ground.
    Accordingly, EASA AD 2019-0202 requires removal of each affected 
part from any helicopter on which it is installed and prohibits 
installation of any affected MR blade droop stop or any moveable 
assembly of an affected MR blade droop stop on any helicopter.

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-37-18-302, Revision 1, dated July 11, 2019. This service 
information specifies procedures for removing the moveable assemblies 
of the MR blade droop stops. The service information specifies that the 
MR blade droop stop consists of four retaining washers that are 
installed on the MR hub flapping hinges and four moveable MR blade 
droop stop assemblies installed on the retaining washers.
    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.

Other Related Service Information

    The FAA also reviewed WYTW[Oacute]RNIA SPRZ[Eogon]TU 
KOMUNIKACYJNEGO ``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna 
Mandatory Bulletin No. BO-37-18-302, dated June 19, 2019. This service 
information also specifies procedures for removing the moveable 
assemblies of the MR blade droop stops but does not include the 
detailed effectivity and scope of compliance that is included in 
WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO ``PZL-[Sacute]widnik'' 
Sp[oacute][lstrok]ka Akcyjna Mandatory Bulletin No. BO-37-18-302, 
Revision 1, dated July 11, 2019.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described.

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-2021-0723; Project Identifier MCAI-
2020-00268-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 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]. 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

[[Page 53202]]

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:

2021-18-15 PZL Swidnik S.A.: Amendment 39-21716; Docket No. FAA-
2021-0723; Project Identifier MCAI-2020-00268-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 movable assemblies of main rotor 
(MR) blade droop stop, part number (P/N) 37.21.800.00.00, installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by a report that displaced teeth were 
detected on the moveable assemblies of an MR blade droop stop. The 
FAA is issuing this AD to address displaced teeth on the moveable 
assemblies of the MR blade droop stop. The unsafe condition, if not 
addressed, could result in erroneous operation of MR blade droop 
stop teeth during engine start-up or shut-down, or dynamic drop-down 
of an MR blade, resulting in contact of the affected MR blade with 
the tail boom, and possibly resulting in injury of occupants or 
persons on the ground.

(f) Compliance

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

(g) Required Actions

    Within 30 days after the effective date of this AD, remove from 
service each moveable assembly of MR blade droop stop P/N 
37.21.800.00.00 from all MR hub arms, in accordance with Chapter II 
of WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO ``PZL-
[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Mandatory Bulletin No. 
BO-37-18-302, Revision 1, dated July 11, 2019.

(h) Part Installation Prohibition

    As of the effective date of this AD, no person may install on 
any helicopter an MR blade droop stop, P/N 37.21.800.00.00, and do 
not install on any helicopter any movable assembly of an MR blade 
droop stop, P/N 37.21.800.00.00.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO 
``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Mandatory 
Bulletin No. BO-37-18-302, dated June 19, 2019.

(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)(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.

(k) Related Information

    (1) 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].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2019-0202, dated August 19, 2019. 
You may view the EASA AD at https://www.regulations.gov in Docket 
No. FAA-2021-0723.

(l) 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-37-18-302, Revision 1, dated July 11, 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: [email protected]; 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: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 53203]]


    Issued on August 26, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-20830 Filed 9-24-21; 8:45 am]
BILLING CODE 4910-13-P

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