[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43909-43911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17025]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / 
Rules and Regulations  

[[Page 43909]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0652; Project Identifier MCAI-2020-00271-R; 
Amendment 39-21683; AD 2021-16-20]
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 requires 
visually inspecting the bonding on a certain part-numbered fairing 
installed on a certain part-numbered vibration absorber, improving the 
bonding if necessary, using improved installation procedures to secure 
the fairing to the vibration absorber, and removing certain parts from 
service. This AD also prohibits installing the affected part unless it 
is inspected and installed per the AD requirements. This AD was 
prompted by a report of a broken bolt securing the fairing to the 
vibration absorber that resulted from an incorrect torque value for the 
nut used to secure the fairing to the vibration absorber. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective August 26, 2021. The FAA must receive 
comments on this AD by October 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-[Sacute]widnik'' S.A., Al. Lotnik[oacute]w Polskich 1, 21-045 
[Sacute]widnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722 
5625; email: [email protected]; 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-2021-0652; 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 comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0038, dated February 27, 2020 
(EASA AD 2020-0038), to correct an unsafe condition for all serial-
numbered Wytw[oacute]rnia Sprz[eogon]tu Komunikacyjnego (WSK) ``PZL-
[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna (S.A.) Model PZL W-3A and 
PZL W-3AS helicopters. EASA AD 2020-0038 advises that a bolt part 
number (P/N) 3003A-6-16-3 was found broken on fairing P/N 
30.23.015.00.03 installed on vibration absorber P/N 30.23.000.00.04. 
EASA states further investigations identified that the maintenance 
instructions detailing how to secure the affected parts did not include 
the torque value information to tighten the castellated nut P/N 3336A-
6. EASA further states that this condition, if not corrected, could 
lead to detachment of the affected part from the helicopter and its 
subsequent contact with helicopter stationary or rotary parts, possibly 
resulting in damage to, and consequent reduced control of, the 
helicopter.
    Accordingly, EASA AD 2020-0038 requires the use of improved 
installation instructions to secure the affected fairing to the 
vibration absorber.

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

    The FAA reviewed WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO 
``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Alert Service 
Bulletin No. ASB-37-19-307, dated January 27, 2020. This service 
information specifies checking (inspecting) the bonding between the 
fairing and vibration absorber star for any nonconformity and improving 
the bonding if necessary. This service information also specifies the 
specific torque to be used to tighten the castellated nuts during 
installation of the fairing onto the vibration absorber.

AD Requirements

    This AD requires, within 300 hours time-in-service after the 
effective date of this AD, removing from service each bolt P/N 3003A-6-
16-3, washer P/N 3402A-1, and castellated nut P/N 3336A-6 that secure 
fairing P/N 30.23.015.00.03 to vibration absorber P/N 30.23.000.00.04, 
and inspecting the bonding between the fairing and vibration absorber 
to determine if there is any anodic coating. If there is anodic 
coating, this AD requires polishing the

[[Page 43910]]

surface of the fairing where the washers make contact, burnishing the 
affected area using abrasive paper, and washing the surface with a 
cleaning solution. This AD then requires installing a new bolt, new 
washer, and new nut to connect the fairing to the vibration absorber. 
Additionally, this AD requires using a specified torque, torqueing each 
nut, locking each nut with a cotter pin, and if the specified torque 
cannot be accomplished, removing the washer and nut from service, 
installing airworthy parts, and reapplying torque. Finally, this AD 
prohibits installing an affected fairing or vibration absorber unless 
they meet the inspection and installation requirements of this AD.

Differences Between This AD and the EASA AD

    EASA AD 2020-0038 applies to all serial-numbered Model PZL W-3A and 
PZL W-3AS helicopters, whereas this AD only applies to Model PZL W-3A 
helicopters with fairing part number (P/N) 30.23.015.00.03 installed on 
vibration absorber P/N 30.23.000.00.04 installed. This AD does not 
apply to Model PZL W-3AS helicopters because that model is not FAA 
type-certificated.

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 reasons, 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-2021-0652; Project Identifier MCAI-
2020-00271-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, Program Manager, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected]. 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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2021-16-20 PZL Swidnik S.A.: Amendment 39-21683; Docket No. FAA-
2021-0652; Project Identifier MCAI-2020-00271-R.

[[Page 43911]]

(a) Effective Date

    This airworthiness directive (AD) is effective August 26, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to PZL Swidnik S.A. Model PZL W-3A helicopters, 
certificated in any category, with fairing part number (P/N) 
30.23.015.00.03 installed on vibration absorber P/N 30.23.000.00.04 
installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD defines the unsafe condition as improper torque of a 
bolt securing the fairing to the vibration absorber due to lack of 
information regarding torque value for the nut. This condition could 
result in detachment of the fairing, causing damage to the main and 
tail rotor, and subsequent reduced control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 300 hours time in service after the effective date of 
this AD:
    (1) Remove from service each bolt P/N 3003A-6-16-3, washer P/N 
3402A-1, and castellated nut P/N 3336A-6 that secure the fairing to 
the vibration absorber.
    (2) Visually inspect the bonding between the fairing and the 
vibration absorber for anodic coating. If there is any anodic 
coating, before further flight,
    (i) Polish the surface of the fairing and vibration absorber in 
all areas where washers make contact to remove all anodic coating.
    (ii) Using 180-220 grit abrasive paper, burnish the surface to 
improve bonding.
    (iii) Wash the surface with extraction naphtha, or equivalent 
cleaning solution.
    (3) Insert a new bolt P/N 3003A-6-16-3 and a new washer P/N 
3402A-1 into each hole connecting the fairing to the vibration 
absorber.
    (4) At the vibration absorber star side, install a new washer P/
N 3402A-1, and a new castellated nut P/N 3336A-6 onto each bolt. 
Torque each castellated nut to 5.4  1.0 Nm (0.55  0.10 kGm) and lock each castellated nut with a cotter pin. If 
the specified torque range cannot be accomplished, remove the 
washer, bolt, and nut from service, replace these parts with 
airworthy parts, and reapply torque.
    (5) As of the effective date of this AD, do not install 
vibration absorber P/N 30.23.000.00.04 with a fairing P/N 
30.23.015.00.03 on any helicopter unless they are inspected as 
required by paragraph (g)(2) of this AD and installed as required by 
paragraphs (g)(3) and (4) of this AD.

(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: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, 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 Kristi Bradley, 
Program Manager, COS Program Management Section, Operational Safety 
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email 
[email protected].
    (2) WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO ``PZL-
[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna Alert Service Bulletin 
No. ASB-37-19-307, dated January 27, 2020, which is not incorporated 
by reference, contains additional information about the subject of 
this AD. For service information identified in this AD, contact WSK 
``PZL-[Sacute]widnik'' S.A., Al. Lotnik[oacute]w Polskich 1, 21-045 
[Sacute]widnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722 
5625; email: [email protected]; or at 
https://www.pzlswidnik.pl/en/home.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2020-0038, dated February 27, 2020. 
You may view EASA AD 2020-0038 at https://www.regulations.gov in 
Docket No. FAA-2021-0652.

(j) Incorporation by Reference

    None.

    Issued on July 30, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-17025 Filed 8-10-21; 8:45 am]
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