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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Rules and Regulations
Swidnik Spo5ka Akcyjna S.A. Model PZL W3A 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 201800274
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 20180274 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.
FAAs 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 20180274. 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 RNIA
The FAA reviewed WYTWO
SPRZETU KOMUNIKACYJNEGO PZLSwidnik Spo5ka Akcyjna Mandaroty Bulletin No. BO3718301, 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 W3A helicopters with a rescue hoist installed.

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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 20180274 applies to all PZL W3A helicopters, this AD

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applies to PZL W3A helicopters with a rescue hoist installed.
Justification for Immediate Adoption and Determination of the Effective Date Section 553b3B 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 553d 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. 553b3B. In addition, for the foregoing reason, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d 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. FAA20210683;
Project Identifier MCAI202000614R
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
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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 2677457; 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 FAAs 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 Agencys 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
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