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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0363; Product Identifier 2018-SW-010-AD; Amendment
39-19894; AD 2020-07-15]
RIN 2120-AA64
Airworthiness Directives; PZL Swidnik S.A. Helicopters
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for all
PZL Swidnik S.A. Model PZL W-3A helicopters. This AD was
prompted by a report of a cracked nose landing gear (NLG) bellcrank
assembly. This AD requires a one-time inspection of the NLG bellcrank
assembly for discrepancies and replacement if necessary. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD becomes effective April 29, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 29,
2020.
The FAA must receive comments on this AD by May 29, 2020.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this final rule, contact PZL-
Swidnik S.A., Al. Lotnikow Polskich 1, 21-045
Swidnik, Poland; telephone (+48) 664 424 798; fax (+48) 817 225
710; internet www.pzl.swidnik.pl. You may view this referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is
also available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0363.
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-
0363; 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 (previously European
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 FURTHER INFORMATION CONTACT: David Hatfield, Senior Aviation
Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5116;
email david.hatfield@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0035-E, dated February 6, 2018;
corrected March 16, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all PZL-Swidnik S.A. Model PZL W-3A
helicopters. The MCAI also applies to PZL-Swidnik S.A. Model PZL
W-3AS helicopters, which are not type certificated in the U.S. EASA
advises that cracking in a NLG bellcrank assembly, part number (P/N)
30.42.010.01.00, was due to reduced wall thickness, which resulted from
a manufacturing deficiency. EASA advises that this condition, if not
detected and corrected, could lead to failure of the NLG, possibly
resulting in damage to the helicopter and injury of the occupants. To
address this potentially unsafe condition, EASA requires a one-time
inspection of the affected NLG assembly installed on helicopters
currently in service and replacement if necessary.
You may examine the MCAI on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0363.
Related Service Information Under 1 CFR Part 51
Wytwornia Sprzetu Komunikacyjnego has issued Mandatory
Bulletin No. BO-37-18-292, Revision 1, dated February 5, 2018. This
service information describes procedures for a one-time general visual
inspection of the NLG bellcrank assembly for cracks; measurement of
reference dimensions or ultrasonic inspection for manufacturing
defects; and bellcrank assembly replacement including related
investigative actions (inspection of the NLG for hydraulic fluid
contamination and free movement of the piston rod) if necessary.
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.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in the service
information described previously.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (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.
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
reason 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.
Regulatory Flexibility Act (RFA)
The requirements of the 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.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0363;
Product Identifier 2018-SW-010-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
The FAA will post all comments received, without change, to https://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this AD.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
|
Labor cost
|
Parts cost
|
Cost per
product
|
| 3 work-hours x $85 per hour =
$255 |
$0
|
$255
|
The FAA estimates the following costs
to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
|
Labor cost
|
Parts cost
|
Cost per
product
|
| 5 work-hours x $85 per hour =
$425 |
$5,000
|
$5,425
|
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
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 above, 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
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
directive (AD):
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