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]
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)
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,
The FAA must receive comments on this AD by November 12, 2021.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
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
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 firstname.lastname@example.org.
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
affected bolts. EASA considers its AD an interim action and states that
AD action may follow.
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.
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.
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
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
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@example.com. 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
it has good cause to adopt this rule without prior notice and comment,
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.
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
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