[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Rules and Regulations]
[Pages 45059-45061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16120]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0753; Product Identifier 2018-SW-033-AD; Amendment 
39-21169; AD 2020-15-06]
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. (PZL) Model W-3A helicopters. This AD requires 
repetitive inspections of the main transmission (Main XSMN) case for a 
crack, and depending on the inspection outcome, removing the WR-3 Main 
XSMN from service before further flight. This AD was prompted by a 
report of cracks in a Main XSMN case. The actions of this AD are 
intended to address an unsafe condition on these products.

DATES: This AD becomes effective August 11, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of August 11, 
2020.
    The FAA must receive comments on this AD by September 25, 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-2018-
0753; 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

[[Page 45060]]

Agency) (EASA) AD, any service information that is incorporated by 
reference, any comments received, and other information. The street 
address for Docket Operations is listed above.
    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 +48 664 424 798, 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. It is also available 
on the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0753.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aviation Safety 
Engineer, Regulations and Policy Section, Rotorcraft Standards Branch, 
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; email rao.edupuganti@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 FAA also invites comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. 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. 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 the comments received and may 
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD No. 2018-0092-E, dated April 20, 
2018, to correct an unsafe condition for Wytw[oacute]rnia Sprz[eogon]tu 
Komunikacyjnego ``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna 
(WSK ``PZL-[Sacute]WIDNIK'' S.A.) Model PZL W-3A and PZL W-3AS 
helicopters with a serial number up to 3X.10.12 inclusive. EASA advises 
of an occurrence reported of finding cracks on the Main XMSN case 
housing. EASA further advises investigation results indicate the 
cracking mode has features of fatigue deterioration, but the root cause 
has not been determined. Accordingly, the EASA AD requires repetitive 
inspections of the Main XMSN case and, based on the inspection results, 
replacing certain parts. EASA also requires reporting the inspection 
results to PZL-[Sacute]widnik S.A. EASA considers its AD an interim 
action and further AD action may follow. EASA states this condition, if 
not detected and corrected, could lead to structural failure and loss 
of load carrying capabilities of the Main XSMN, possibly resulting in 
loss of helicopter control.

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 the unsafe 
condition exists and is likely to exist or develop on other helicopters 
of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO 
``PZL-[Sacute]widnik'' Sp[oacute]lka Akcyjna Mandatory Bulletin No. BO-
37-18-294, dated April 12, 2018, which specifies using a light source 
and mirror to inspect the Main XSMN case for indications of possible 
cracks, such as paint coat chipping, surface scratches, and oil leaks. 
This service information also specifies reporting certain information 
to PZL-[Sacute]widnik S.A., performing more in-depth inspections by 
performing a ground run test and checking for chalk mark discoloration, 
and if a crack exists, replacing the Main XSMN case before further 
flight.
    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.

AD Requirements

    The AD requires within 5 hours time-in-service (TIS), and 
thereafter at intervals not to exceed 25 hours TIS, for all PZL Model 
PZL W-3A helicopters serial number up to and including 3X.10.12 with 
Main XMSN case part number (P/N) 64.21.0105 or P/N 64.22.0161 installed 
on WR-3 Main XMSN P/N 64.21.3000 or P/N 64.21.4000, visually inspecting 
the Main XMSN case for a crack, a surface scratch, any paint coat 
chipping, and any oil leak and removing the Main XMSN from service 
before further flight if any of those conditions exist.

Differences Between This AD and the EASA AD

    The EASA AD applies to Model PZL W-3AS helicopters, whereas this AD 
does not because that model is not FAA type-certificated. The EASA AD 
requires reporting certain information to PZL-[Sacute]widnik S.A., 
whereas this AD does not.

Interim Action

    The FAA considers this proposed AD to be an interim action. If 
final action is later identified, the FAA might consider further 
rulemaking then.

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 associated 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, the FAA finds good cause that 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.

[[Page 45061]]

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 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

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):

2020-15-06 PZL Swidnik S.A.: Amendment 39-21169; Docket No. FAA-
2018-0753; Product Identifier 2018-SW-033-AD.

(a) Applicability

    This AD applies to PZL Swidnik S.A. (PZL) Model W-3A 
helicopters, with a serial number up to 3X.10.12 inclusive, 
certificated in any category, with a main transmission (Main XMSN) 
case, part number (P/N) 64.21.0105 or P/N 64.22.0161, installed on a 
WR-3 Main XMSN P/N 64.21.3000 or P/N 64.21.4000.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the Main XMSN 
case. This condition could result in the structural failure and loss 
of load carrying capabilities of the Main XMSN and subsequent loss 
of control of the helicopter.

(c) Effective Date

    This AD becomes effective August 11, 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

    (1) Within 5 hours time-in-service (TIS), using a light source 
and mirror, and paying particular attention to the area above the 
Main XSMN mounting flange as shown in Attachment 1, Sketch 2 LH side 
and Sketch 2 RH side of Wytw[oacute]rnia Sprz[eogon]tu 
Komunikacyjnego ``PZL-[Sacute]widnik'' Sp[oacute][lstrok]ka Akcyjna 
Mandatory Bulletin No. BO-37-18-294, dated April 12, 2018 (BO-37-18-
294), visually inspect the Main XMSN case for a crack and 
indications of a crack. For purposes of this inspection, indications 
of a crack may be indicated by paint coat chipping or cracking, a 
surface scratch, or an oil leak.
    (i) If there is a crack, before further flight, remove from 
service the WR-3 Main XMSN.
    (ii) If there is any indication of a crack, before further 
flight, clean the Main XMSN case with a cotton cloth and washing or 
degreasing agent (extraction naphtha or equivalent), and using a 5X 
or greater power magnifying glass, visually inspect the area for a 
crack.
    (A) If there is a crack, before further flight, remove from 
service the WR-3 Main XMSN.
    (B) If there is no a crack, before further flight, apply white 
chalk on the area as described in paragraph (e)(1) of this AD and 
perform a powerplant ground run for 15 minutes with engines running 
at ground idle rating. After shutting down, either inspect the white 
chalk area for discoloration of the chalk or dye penetrant inspect 
the area for a crack. If the chalk is discolored or there is a 
crack, before further flight, remove from service the WR-3 Main 
XMSN.
    Note 1 to paragraph (e)(1)(ii)(B) of this AD: Wytw[oacute]rnia 
Sprz[eogon]tu Komunikacyjnego ``PZL-[Sacute]widnik'' 
Sp[oacute][lstrok]ka Akcyjna service information refers to a dye 
penetrant inspection as a color penetrant inspection.
    (2) Thereafter following paragraph (e)(1) of this AD, at 
intervals not to exceed 25 hours TIS, do the actions required by 
paragraph (e)(1) of this AD.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Standards Branch, FAA, may approve 
AMOCs for this AD. Send your proposal to: Rao Edupuganti, Aviation 
Safety Engineer, Regulations and Policy Section, Rotorcraft 
Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; 
telephone 817-222-5110; email 9-ASW-FTW-AMOC-Requests@faa.gov.
    (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.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety 
Agency (now European Union Aviation Safety Agency) (EASA) AD No. 
2018-0092-E, dated April 20, 2018. You may view the EASA AD on the 
internet at https://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2018-0753.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor 
Gearbox.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) WYTW[Oacute]RNIA SPRZ[Eogon]TU KOMUNIKACYJNEGO ``PZL-
[Sacute]widnik'' Sp[oacute]lka Akcyjna Mandatory Bulletin No. BO-37-
18-294, dated April 12, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact PZL-
[Sacute]widnik S.A., A1. Lotnik[oacute]w Polskich 1, 21-045 
[Sacute]widnik, Poland; telephone +48 81 468 09 01, 751 20 71; fax 
+48 81 468 09 19, 751 21 73; or at www.pzl.swidnik.pl.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-16120 Filed 7-24-20; 8:45 am]
BILLING CODE 4910-13-P


