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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,  cer-
    tificated 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 al-
    ready 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  WYTWORNIA SPRZETU
    KOMUNIKACYJNEGO "PZL-Swidnik"  Spolka 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,  re-
    move 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,  para-
    graphs A.4.b. through i.,  of MB BO-37-19-296,  except where it states
    to use extraction naphtha,  you may substitute  aliphatic naphtha. Re-
    move 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 seal-
    ing 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-AIR-730-AMOC@faa.gov.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, or lacking  a principal inspector,  the manager of  the local
    flight standards district office/certificate holding district office.

(i) RELATED INFORMATION

(1) For more information  about this AD,  contact  Fred Guerin,  Aerospace
    Engineer,  General Aviation & Rotorcraft Section,  International Vali-
    dation 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.

(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) WYTWORNIA SPRZETU KOMUNIKACYJNEGO "PZL-Swidnik"  Spolka Akcyjna Manda-
    tory Bulletin No. BO-37-19-296, dated July 30, 2019.

(ii) [Reserved]

(3) For service information  identified  in  this  AD,  contact  WSK "PZL-
    Swidnik" S.A., Al. Lotnikow Polskich 1,  21-045 Swidnik, Poland; tele-
    phone (+48) 81722 5716; fax (+48) 81722 5625; email PL-CustomerSupport
    .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 refer-
    ence 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 & Airworth-
iness Division, Aircraft Certification Service.

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; tel-
ephone (202) 267-7457; email fred.guerin@faa.gov.
PREAMBLE 

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.

-----------------------------------------------------------------------

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-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. 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 Wytwornia Sprzetu Komunikacyjnego (WSK)
``PZL-Swidnik'' Spolka 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 2019-0191-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 WYTWORNIA SPRZETU KOMUNIKACYJNEGO
``PZL-Swidnik'' Spolka 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 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: