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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:
Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the
online instructions for sending your comments electronically.
Fax: 202-493-2251.
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.
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-Swidnik S.A., Al. Lotnikow Polskich 1, 21-045
Swidnik, 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 kristin.bradley@faa.gov.
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
kristin.bradley@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.
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
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
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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