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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.
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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-Swidnik" S.A., Al. Lotnikow Polskich 1, 21-045
Swidnik, Poland; telephone (+48) 81722 5716; fax (+48) 81722
5625; email: PL-CustomerSupport.AW@leonardocompany.com; 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 kristin.bradley@faa.gov.
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 Wytwornia Sprzetu Komunikacyjnego (WSK) "PZL-Swidnik"
Spolka
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 WYTWORNIA SPRZETU KOMUNIKACYJNEGO "PZL-Swidnik"
Spolka 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 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
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.
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
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:
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