DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0723; Project Identifier MCAI-2020-00268-R;
Amendment 39-21716; AD 2021-18-15]
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 that displaced teeth were detected on the moveable
assemblies of a main rotor (MR) blade droop stop. This AD requires
removing from service the moveable assemblies from each affected MR
blade droop stop and prohibits installation of an affected MR blade
droop stop and moveable assemblies of affected MR blade droop stops.
The FAA is issuing this AD to address the unsafe condition on these
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-2021-0723.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0723; 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: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone (516) 228-7330; email firstname.lastname@example.org.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0202, dated August 19, 2019
(EASA AD 2019-0202), to correct an unsafe condition for PZL Swidnik
S.A. Model PZL W-3A and PZL W-3AS helicopters all manufacturer serial
numbers. Model PZL W-3AS helicopters are not certificated by the FAA
and are not included on the U.S. type certificate data sheet; this AD
therefore does not include those helicopters in the applicability.
EASA advises that an occurrence was reported where displaced teeth
were detected on the moveable assemblies of an MR blade droop stop part
number (P/N) 37.21.800.00.00). This condition, if not addressed, could
result in erroneous operation of MR blade droop stop teeth during
engine start-up or shut-down, or dynamic drop-down of an MR blade,
resulting in contact of the affected MR blade with the tail boom, and
possibly resulting in injury of occupants or persons on the ground.
Accordingly, EASA AD 2019-0202 requires removal of each affected
part from any helicopter on which it is installed and prohibits
installation of any affected MR blade droop stop or any moveable
assembly of an affected MR blade droop stop on any helicopter.
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-37-18-302, Revision 1, dated July 11, 2019. This service
information specifies procedures for removing the moveable assemblies
of the MR blade droop stops. The service information specifies that the
MR blade droop stop consists of four retaining washers that are
installed on the MR hub flapping hinges and four moveable MR blade
droop stop assemblies installed on the retaining washers.
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 WYTWORNIA SPRZETU
KOMUNIKACYJNEGO ``PZL-Swidnik'' Spolka Akcyjna
Mandatory Bulletin No. BO-37-18-302, dated June 19, 2019. This service
information also specifies procedures for removing the moveable
assemblies of the MR blade droop stops but does not include the
detailed effectivity and scope of compliance that is included in
WYTWORNIA SPRZETU KOMUNIKACYJNEGO ``PZL-Swidnik''
Spolka Akcyjna Mandatory Bulletin No. BO-37-18-302,
Revision 1, dated July 11, 2019.
This AD requires accomplishing the actions specified in the service
information already described.
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-2021-0723; Project Identifier MCAI-
2020-00268-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 Andrea
Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; 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
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.
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