DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0299; Project Identifier MCAI-2020-00253-R;
Amendment 39-21510; AD 2021-08-16]
RIN 2120-AA64
Airworthiness Directives; PZL Swidnik S.A. Helicopters
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for PZL
Swidnik S.A. (PZL) Model W-3A helicopters. This AD requires repetitive
inspections of a certain part-numbered stainless steel cable (cable)
installed on a certain part-numbered hoist assembly, and depending on
those inspection results, removing certain parts from service and
reporting the results. This AD also prohibits installing the affected
part unless it is inspected per the AD requirements. This AD was
prompted by wear of and damage to the cable near the swaged terminal
due to movement of the hook assembly. The actions of this AD are
intended to address an unsafe condition on these products.
DATES: This AD becomes effective May 11, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of May 11, 2021.
The FAA must receive comments on this AD by June 25, 2021.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow
the online
instructions for sending your comments electronically.
Fax: 202-493-2251.
Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-
0299; 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 AD, the European Union Aviation Safety Agency (EASA) AD, any
service information that is incorporated by reference, any comments
received, and other information. The street address for Docket
Operations is listed above. Comments will be available in the AD docket
shortly after receipt.
For Goodrich Actuation Systems and WYTWORNIA SPRZETU
KOMUNIKACYJNEGO ``PZL-Swidnik'' Spolka Akcyjna service
information identified in this final rule, contact WSK ``PZL-
Swidnik'' S.A., Al. Lotnikow Polskich 1, 21-045
Swidnik, Poland, telephone +48 664 424 798, or at
www.pzl.swidnik.pl. You may view the referenced service information at
the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is also available
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0299.
FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Aerospace Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; email kristin.bradley@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0017, dated January 30, 2020,
to correct an unsafe condition for all serial-numbered Wytwornia
Sprzetu Komunikacyjnego (WSK) ``PZL-Swidnik''
Spolka Akcyjna (S.A.) Model PZL W-3A helicopters with a
Collins Aerospace (formerly Goodrich) electric hoist assembly (hoist)
part number (P/N) 76378-500 having stainless steel cable P/N 712952
installed. EASA advises that occurrences were reported of cables found
worn out; the damage consisted of reduction of the cable diameter near
the swaged terminal. EASA states that subsequent investigation
identified that the extensive cable wear was possibly caused by
flickering movement of the hook assembly in the stowage position during
flights. EASA further states that this condition, if not detected and
corrected, could lead to reduction of the cable strength, possibly
resulting in an in-flight loss of the hoist load, injury to persons, or
damage to and reduced control of the helicopter.
Accordingly, EASA AD 2020-0017 requires repetitive inspections of
the cable to detect cable condition and diameter restriction and based
on those inspection results, either replacing parts or additional
maintenance actions and reporting non-compliant inspection results to
Collins Aerospace. For helicopters that do not have the affected hoist
installed, EASA AD 2020-0017 allows installing an affected hoist
provided that it is new (never previously installed), overhauled (never
installed after overhaul), or has passed an inspection (no defect
found, or defects corrected), less than 25 flight hours before
installation, in accordance with the instructions of the service
information.
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 of the
unsafe condition described in its AD. The FAA is issuing this AD after
evaluating all information provided by EASA and determining the unsafe
condition exists and 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 Goodrich Actuation Systems Alert Service Bulletin
76378-500-25-P01, Revision 0, dated December 3, 2019 (ASB 76378-500-25-
P01). ASB 76378-500-25-P01 specifies procedures to visually inspect
the cable near the swaged terminal for cable diameter restriction, the
hook assembly stowage force, and the hook assembly stowage at the up
limit. ASB 76378-500-25-P01 also specifies corrective action and
reporting certain data if the cable is not compliant due to cable
diameter restriction and the results of the hook assembly stowage force
inspection.
ASB 76378-500-25-P01 is an attachment to WYTWORNIA
SPRZETU KOMUNIKACYJNEGO ``PZL-Swidnik'' Spolka
Akcyjna Alert Service Bulletin No. ASB-37-19-309, dated January 28,
2020 (ASB-37-19-309). ASB 76378-500-25-P01 is incorporated by reference
in this AD. ASB-37-19-309 is not incorporated by reference in this AD.
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 ASB-37-19-309. ASB-37-19-309 specifies
accomplishing repetitive visual inspections of the cable near the
swaged terminal for cable diameter restriction and a one-time
inspection of the hook assembly stowage force. ASB-37-19-309 also
provides a reminder to accomplish the hook assembly stowage procedure
after each individual hoisting operation performed in flight or on the
ground.
AD Requirements
This AD requires within 25 hours time-in-service accumulated by the
hoist (hoist hours) after the effective date of this AD, and thereafter
at intervals not to exceed 25 hoist hours for all PZL Model W-3A
helicopters with hoist P/N 76378-500 having stainless steel cable P/N
712952 installed, inspecting the cable for wear and damage, inspecting
the measurement of the diameter of the cable, and removing the cable
from service or replacing the cable with an airworthy part before
further hoist operation if certain criteria is met. This AD also
requires following certain reinstallation steps and reporting certain
information. Finally, this AD prohibits installing an affected hoist or
cable unless they meet the conditions as required by this AD.
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.) (5 U.S.C.) 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 seeking comment
prior to the rulemaking. 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
reasons stated above, 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-2021-0299 and Project Identifier
MCAI-2020-00253-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 Kristi
Bradley, Aerospace Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone 817-222-5110; email kristin.bradley@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 prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
There are no costs of compliance associated with this AD because
there are no helicopters with this type certificate on the U.S.
Registry.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to be
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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
The FAA determined that 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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