Airworthiness Directives; PZL Swidnik S.A. Helicopters

[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Rules and Regulations]
[Pages 44686-44688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16031]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0705; Product Identifier 2017-SW-105-AD; Amendment 
39-21187; AD 2020-16-03]
RIN 2120-AA64


Airworthiness Directives; PZL Swidnik S.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for PZL 
Swidnik S.A. (PZL) Model PZL W-3A helicopters. This AD requires 
establishing a life limit for certain horizontal stabilizers and 
removing from service any affected horizontal stabilizer in accordance 
with that life limit. This AD was prompted by the discovery of an error 
in the Airworthiness Limitations for PZL Model PZL W-3A helicopters. 
The actions of this AD are intended to address an unsafe condition on 
these products.

DATES: This AD becomes effective August 10, 2020.
    The FAA must receive comments on this AD by September 8, 2020.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0705; 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 Aviation Safety Agency (now European Union 
Aviation Safety Agency) (EASA) AD, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.
    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 6112; or at 
www.pzl.swidnik.pl. You may view the referenced service information at 
the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Kristin Bradley, Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not provide you with notice and an opportunity 
to provide your comments prior to it becoming effective. However, the 
FAA invites you to participate in this rulemaking by submitting written 
comments, data, or views. The most helpful comments reference a 
specific portion of the AD, explain the reason for any recommended 
change, and include supporting data. To ensure the docket does not 
contain duplicate comments, commenters should send only one copy of 
written comments, or if comments are filed electronically, commenters 
should submit them only one time.
    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 file in the docket all comments received, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this rulemaking during the comment period. The FAA 
will consider all comments received and may conduct additional 
rulemaking based on those comments.

Confidential Business Information

    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 NPRM 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 NPRM, 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 NPRM. Submissions containing 
CBI should be sent to Kristin Bradley, Aviation Safety Engineer, Safety 
Management Section, Rotorcraft Standards Branch, 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.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued AD No. 2017-0057, dated April 6, 2017, to 
correct an unsafe condition for PZL Model PZL W-3A helicopters. EASA 
advises of previous AD action requiring maintenance tasks and 
limitations in Revision 11 of Chapter 4 Airworthiness Limitations of 
PZL W-3A Instructions for Continued Airworthiness of Maintenance Manual 
AE 30.04.20.1 MM (English) and AE 30.04.20.1 IOT (Polish). Since then, 
EASA advises of revised maintenance tasks and more restrictive 
limitations in Revision 13 of AE 30.04.20.1 MM (English) and Revision 
12 of AE 30.04.20.1 IOT (Polish). EASA states that these maintenance 
tasks and limitations are required for continued airworthiness and 
failure to comply with them could result in an unsafe condition.
    Additional review after the EASA AD was issued determined that 
previous revisions of AE 30.04.20.1 MM (English) included an error for 
horizontal stabilizer part number (P/N) 30.13.600.00.04. Introduced in 
Revision 9, dated January 2012, AE 30.04.20.1

[[Page 44687]]

MM (English) stated the life limit for horizontal stabilizer P/N 
30.13.600.00.04 up to serial number 06.001. The life limit should have 
been for serial number 06.001 and subsequent instead. This error was 
corrected in Revision 13 of AE 30.04.20.1 MM (English).

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 of the 
unsafe condition described in its AD. The FAA is issuing this AD after 
evaluating all information provided by EASA and determining that the 
unsafe condition exists and is likely to exist or develop on other 
helicopters of the same type design.

Related Service Information

    PZL has issued Chapter 4 Airworthiness Limitations of PZL W-3A 
Instructions for Continued Airworthiness of Maintenance Manual AE 
30.04.20.1 MM, Revision 13, dated January 2017. This revision of the 
service information includes establishing a life limit for horizontal 
stabilizer P/N 30.13.600.00.04 serial number 06.001 and subsequent.

AD Requirements

    This AD establishes a life limit for horizontal stabilizer P/N 
30.13.600.00.04 serial number 06.001 and subsequent by requiring, 
before further flight, removing from service any horizontal stabilizer 
that has reached 15 or more years since the date of manufacture. 
Thereafter, this AD also requires removing from service any horizontal 
stabilizer before reaching 15 years since the date of manufacture.

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 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.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) 
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 seeking comment prior to the rulemaking.
    There are no helicopters with this type certificate on the U.S. 
Registry. Therefore, notice and opportunity for prior public comment 
are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
reasons stated above, 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.

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 the product identified in this rulemaking action.

Regulatory Findings

    The FAA determined that 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 (AD):

2020-16-03 PZL Swidnik S.A.: Amendment 39-21187; Docket No. FAA-
2020-0705; Product Identifier 2017-SW-105-AD.

(a) Applicability

    This AD applies to PZL Swidnik S.A. Model PZL W-3A helicopters, 
certificated in any category, with a horizontal stabilizer part 
number 30.13.600.00.04 with a serial number 06.001 and subsequent 
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a horizontal stabilizer 
remaining in service beyond its life limit. This condition could 
result in failure of the horizontal stabilizer and subsequent loss 
of control of the helicopter.

(c) Effective Date

    This AD becomes effective August 10, 2020.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    Before further flight, remove from service any horizontal 
stabilizer that has reached 15 or more years since date of 
manufacture. Thereafter, remove from service any horizontal 
stabilizer before reaching 15 years since date of manufacture.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to: Kristin Bradley, Aviation 
Safety Engineer, Safety Management Section, Rotorcraft Standards 
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 
817-222-5110; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, the FAA suggests 
that you notify your principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district office 
or certificate holding district office, before operating any 
aircraft complying with this AD through an AMOC.

[[Page 44688]]

(g) Additional Information

    (1) Chapter 4 Airworthiness Limitations of PZL W-3A Instructions 
for Continued Airworthiness of Maintenance Manual AE 30.04.20.1 MM, 
Revision 13, dated January 2017, 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 6112; or at 
www.pzl.swidnik.pl. You may view a copy of the service information 
at the FAA, Office of the Regional Counsel, Southwest Region, 10101 
Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD 
No. 2017-0057, dated April 6, 2017. You may view the EASA AD on the 
internet at https://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2020-0705.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5510, Horizontal 
Stabilizer Structure.

    Issued on July 20, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-16031 Filed 7-23-20; 8:45 am]
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