Airworthiness Directives; PZL Swidnik S.A. Helicopters, 53192-53195 [2021-20828]

Download as PDF 53192 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Related Information For more information about this AD, contact Darren Gassetto, Aerospace Engineer, COS Program Management Section, FAA, Operational Safety Branch, Compliance & Airworthiness Division, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516) 228–7323; email Darren.Gassetto@faa.gov. (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) Emergency AD 2021–0072–E, dated March 12, 2021. (ii) [Reserved] (3) For EASA Emergency AD 2021–0072– E, 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–2021–0724. (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 fr.inspection@nara.gov, or go to https:// www.archives.gov/federal-register/cfr/ibrlocations.html. [FR Doc. 2021–20826 Filed 9–24–21; 8:45 am] lotter on DSK11XQN23PROD with RULES1 BILLING CODE 4910–13–P VerDate Sep<11>2014 16:20 Sep 24, 2021 Jkt 253001 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: (l) Material Incorporated by Reference Issued on August 31, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. DEPARTMENT OF TRANSPORTATION 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 partnumbered 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. SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 For service information identified in this final rule, contact WSK ‘‘PZLS´widnik’’ S.A., Al. Lotniko´w Polskich 1, 21–045 S´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 Wytwo´rnia Sprze˛tu Komunikacyjnego (WSK) ‘‘PZL-S´widnik’’ Spo´5ka 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– E:\FR\FM\27SER1.SGM 27SER1 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 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. lotter on DSK11XQN23PROD with RULES1 Related Service Information Under 1 CFR Part 51 ´ RNIA The FAA reviewed WYTWO SPRZE˛TU KOMUNIKACYJNEGO ‘‘PZLS´widnik’’ Spo´5ka 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 VerDate Sep<11>2014 16:20 Sep 24, 2021 Jkt 253001 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 previouslyinstalled 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 53193 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 E:\FR\FM\27SER1.SGM 27SER1 53194 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations 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. 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. 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. lotter on DSK11XQN23PROD with RULES1 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: VerDate Sep<11>2014 16:20 Sep 24, 2021 Jkt 253001 § 39.13 [Amended] 2. The FAA amends § 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 ´ RNIA SPRZE˛TU of WYTWO KOMUNIKACYJNEGO ‘‘PZL-S´widnik’’ Spo´5ka 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 previouslyinstalled 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-AIR730-AMOC@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager E:\FR\FM\27SER1.SGM 27SER1 Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations of the local flight standards district office/ certificate holding district office. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration (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. 14 CFR Part 39 (j) Material Incorporated by Reference SUMMARY: (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. ´ RNIA SPRZE˛TU (i) WYTWO KOMUNIKACYJNEGO ‘‘PZL–S´widnik’’ Spo´5ka 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-S´widnik’’ S.A., Al. Lotniko´w Polskich 1, 21–045 S´widnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722 5625; email: PLCustomerSupport.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] lotter on DSK11XQN23PROD with RULES1 BILLING CODE 4910–13–P VerDate Sep<11>2014 16:20 Sep 24, 2021 Jkt 253001 [Docket No. FAA–2021–0505; Project Identifier 2018–SW–004–AD; Amendment 39–21721; AD 2021–19–03] RIN 2120–AA64 Airworthiness Directives; Leonardo S.p.a. Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: 53195 Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & Airworthiness Division, FAA, 950 L’Enfant Plaza N SW, Washington, DC 20024; telephone 202–267–9167; email hal.jensen@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA is adopting a new airworthiness directive (AD) for certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This AD was prompted by reports of spurious inflight disconnections of the automatic flight control system (AFCS). This AD requires updating certain ‘‘Primus Epic’’ system software, as specified in a European Aviation Safety Agency (now European Union Aviation Safety Agency) (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective November 1, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 1, 2021. ADDRESSES: For material incorporated by reference (IBR) in this AD, contact 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 material on the EASA website at https://ad.easa.europa.eu. You may view this material 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 in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0505. The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2018–0002, dated January 4, 2018 (EASA AD 2018–0002) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for certain Leonardo S.p.a. Model AB139 and AW139 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 AB139 and AW139 helicopters. The NPRM published in the Federal Register on July 7, 2021 (86 FR 35690). The NPRM was prompted by reports of spurious in-flight disconnections of the AFCS. The NPRM proposed to require updating certain ‘‘Primus Epic’’ system software, as specified in EASA AD 2018–0002. The FAA is issuing this AD to address spurious degradation or unavailability of the full AFCS. The unsafe condition, if not addressed, could result in temporary impairment of the automated flight aid for control of the helicopter and increase the flightcrew’s workload. See EASA AD 2018–0002 for additional background information. Discussion of Final Airworthiness Directive 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. Examining the AD Docket Conclusion You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2021–0505; 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 EASA AD, any comments received, and other information. The address for Docket Operations is U.S. The FAA reviewed the relevant data and determined that air safety requires adopting this AD as proposed. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\27SER1.SGM 27SER1

Agencies

[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: [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-2021-0721.

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 [email protected].

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 [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

[[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: [email protected].
    (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 [email protected].
    (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: [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.

    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