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:
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-Swidnik" S.A., Al. Lotnikow Polskich 1, 21-045
Swidnik, 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.

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 fred.guerin@faa.gov.

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
Wytwornia Sprzetu Komunikacyjnego (WSK) "PZL-
Swidnik" Spolka 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 WYTWORNIA SPRZETU KOMUNIKACYJNEGO
"PZL-Swidnik" Spolka 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 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 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

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: