Unknown. Final rule; request for comments

4,598 words·~21 min read·/register/2006/02/10/06-1198

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-02-10.xml --- 71 28 Friday, February 10, 2006 Contents Agriculture Agriculture Department See Foreign Agricultural Service See National Agricultural Statistics Service See Natural Resources Conservation Service See Rural Telephone Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 7002-7003 E6-1873 Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 7003 E6-1875 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 7071 E6-1908 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 7045-7046 E6-1828 Committees; establishment, renewal, termination, etc.:

Advisory Committee to the Director, 7046 06-1202 Meetings: Advisory Committee to Director, 7046 E6-1822 Immunization Practices Advisory Committee, 7046 E6-1823 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare: End-stage renal disease services; provider bad debt payment, 6991-6992 E6-1821 NOTICES Agency information collection activities; proposals, submissions, and approvals, 7047-7048 E6-1819 E6-1820 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 7007 06-1283 Coast Guard Coast Guard RULES Drawbridge operations:

Connecticut, 6975-6976 06-1252 06-1253 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Cuyahoga River, Cleveland, OH, 6976-6978 06-1254 NOTICES Meetings: Houston/Galveston Navigation Safety Advisory Committee, 7054 06-1276 Reports and guidance documents; availability, etc.: Maritme Security; vessels operating in high risk waters, guidelines, 7054-7055 E6-1817 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 7006-7007 E6-1840 Customs Customs and Border Protection Bureau NOTICES IRS interest rates used in calculating interest on overdue accounts and refunds, 7056-7057 06-1230 Defense Defense Department NOTICES Committees; establishment, renewal, termination, etc.:

Historical Advisory Committee, 7019-7020 06-1233 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 7020 06-1235 Meetings: Medicare-Eligible Retiree Health Care Board of Actuaries, 7020 06-1232 Defense Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 7020-7021 06-1304 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 7021-7022 E6-1829 Grants and cooperative agreements; availability, etc.:

Improving Literacy Through School Libraries Program, 7382-7385 E6-1906 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Carolina Mills, Inc., et al., 7073-7075 E6-1920 Cequent Electrical Products, 7075 E6-1911 Elmer's Products, Inc., 7075 E6-1909 Jones Apparel Group, Inc., 7075 E6-1917 Premier Quilting Corp., 7076 E6-1913 Rawlings Sporting Goods Co., 7076 E6-1915 Reed & Barton Corp. et al, 7076-7078 E6-1919 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration EPA Environmental Protection Agency RULES Water pollution control:

National Pollutant Discharge Elimination System— Concentrated animal feeding operations, 6978-6984 06-1240 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Kentucky, 6988-6991 06-1318 NOTICES Air pollution control: Citizens suits; proposed settlements— Sierra Club, 7036-7038 E6-1851 E6-1912 Environmental statements; availability, etc.: Agency comment availability, 7038-7040 E6-1907 Agency weekly receipts, 7040 E6-1905 Meetings: Tribal Pesticide Program Council, 7040-7041 E6-1848 Pesticide programs:

Risk assessments— Rotenone, 7041-7043 E6-1902 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Meetings: Advisory Committee, 7043 06-1231 FAA Federal Aviation Administration RULES Airworthiness directives: Polskie Zaklady Lotnicze Spolka zo.o, 6973-6975 06-1198 NOTICES Environmental statements; availability, etc.: Phoenix Sky Harbor International Airport, AZ, 7109 06-1113 FCC Federal Communications Commission PROPOSED RULES Practice and procedure:

Benefits reserved for designated entitites; competitive bidding rules and procedures, 6992-6999 06-1290 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 7027-7028 E6-1849 E6-1850 Environmental statements; availability, etc.: Equitrans, L.P., 7028-7030 E6-1856 Environmental statements; notice of intent: Cameron LNG L.L.C., 7030-7032 E6-1855 Transcontinental Gas Pipe Line Corp., 7032-7033 E6-1857 *Applications, hearings, determinations, etc.:* Cotton Valley Compression, L.L.C., 7022 E6-1852 East Tennessee Natural Gas, LLC, 7022 E6-1861 El Paso Natural Gas Co., 7022-7023 E6-1867 Entrega Gas Pipeline LLC, 7023 E6-1866 Midwest Independent Transmission System Operator, Inc., et al, 7023 E6-1853 National Fuel Gas Supply Corp., 7024 E6-1862 Saltville Gas Storage Company L.L.C., 7024 E6-1864 Southern Natural Gas Co., 7024-7025 E6-1858 Texas Gas Transmission, LLC, 7025 E6-1859 TransColorado Gas Transmission Co., 7025 E6-1860 Transcontinental Gas Pipe Line Corp., 7025-7026 E6-1863 E6-1865 Wolverine Creek Goshen Interconnection, LLC, et al, 7026-7027 E6-1854 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Galveston County, TX, 7109-7110 06-1238 Montgomery County et al., TX, 7110-7111 06-1239 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 7043-7044 E6-1815 E6-1898 Formations, acquisitions, and mergers, 7044-7045 E6-1814 E6-1816 E6-1897 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Transit assistance programs— Apportionments, allocations, and program information, 7111 06-1225 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies on Federal bonds; acceptable, unacceptable, etc.:

West American Insurance Co., 7114-7115 06-1229 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Vernal pool crustaceans and plants, 7118-7316 06-1080 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 7048-7053 E6-1806 E6-1807 E6-1846 Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— PEPTAVLON (Pentagastrin) for subcutaneous injection, 0.25 milligrams per milliliter, 7053-7054 E6-1847 Foreign Foreign Agricultural Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 7003-7004 06-1245 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Illinois Michelin North America; wheel assembly at distribution facility, 7008 E6-1885 Ohio, 7008 E6-1886 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 7020 06-1235 Government Government Printing Office NOTICES Meetings: Depository Library Council to the Public Printer, 7045 E6-1808 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 7318-7347 06-1120 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service NOTICES Privacy Act; systems of records, 7115-7116 E6-1813 International International Trade Administration NOTICES Antidumping: Cut-to-length Carbon steel plate from— Romania, 7008-7012 E6-1880 Freshwater crawfish tail meat from— China, 7012-7014 E6-1890 E6-1892 Internal-combustion industrial forklift trucks from— Japan, 7014-7015 E6-1881 Lined paper products from— Various countries, 7015-7016 E6-1883 Steel concrete reinforcing bars— Latvia, 7016-7017 E6-1882 Countervailing duties:

Cut-to-length carbon steel plate from— Brazil and Spain, 7018 E6-1879 Various countries, 7017-7018 E6-1874 International International Trade Commission NOTICES Import investigations: U.S.-Peru Trade Promotion Agreement; potential economy-wide and selected sectoral effects, 7070-7071 E6-1884 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Juvenile Justice and Delinquency Prevention Office NOTICES Inventions, Government-owned; availability for licensing, 7071 06-1237 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings:

Juvenile Justice and Delinquency Prevention Coordinating Council, 7072 E6-1825 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 7072-7073 E6-1826 E6-1827 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Daniel Boone National Forest, KY; Chas Coal LLC lease; public hearing, 7057-7058 E6-1870 Greater Deadman Bench Region, Uintah County, UT, 7058-7059 E6-1796 Environmental statements; notice of intent:

Gasco Natural Gas Field Development; Duchesne and Uintah Counties, UT, 7059-7060 E6-1868 North Steens Ecosystem Restoration Project; OR, 7060-7061 E6-1869 Meetings: Resource Advisory Councils— Eastern Montana, 7061-7062 E6-1824 Oil and gas leases: North Dakota, 7062 E6-1872 Public land orders: Colorado, 7062 E6-1894 Reports and guidance documents; availability, etc.: Oil, gas, and potash leasing and development— Potash enclave; establishment criteria; policy affirmation; correction, 7063 E6-1891 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers:

BERT’S BOY, 7111 E6-1899 DREAM CATCHER II, 7112 E6-1900 KITTYHAWK, 7112 E6-1895 SYLHOUETTE, 7112-7113 E6-1896 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 7063-7064 E6-1871 Environmental statements; notice of intent: Outer Continental Shelf— Oil and gas leasing; 2007-2012 program, 7064-7068 06-1307 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 7020 06-1235 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 7004-7005 E6-1876 Committees; establishment, renewal, termination, etc.:

Agriculture Statistics Advisory Committee, 7005 E6-1877 Meetings: Agriculture Statistics Advisory Committee, 7005 E6-1878 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 7113-7114 E6-1818 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 6985-6986 06-1250 Sablefish, 6986-6987 06-1249 Northeastern United States fisheries— Yellowtail flounder, 6984-6985 06-1246 PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Northern right whale; Pacific Ocean, 6999-7001 E6-1887 NOTICES Endangered and threatened species permit applications, etc., 7018-7019 E6-1889 E6-1893 National Park National Park Service NOTICES Meetings: Boston Harbor Islands Advisory Council, 7068-7069 E6-1809 Great Sand Dunes National Park Advisory Council, 7069 E6-1810 National Park System Advisory Board, 7069 E6-1811 National Science National Science Foundation NOTICES Meetings: Materials Research Proposal Review Panel, 7078-7079 06-1241 NRCS Natural Resources Conservation Service NOTICES Meetings:

Agricultural Air Quality Task Force, 7005-7006 06-1275 Nuclear Nuclear Regulatory Commission PROPOSED RULES Fee schedules revision; 90% fee recovery (2006 FY), 7350-7380 06-1163 NOTICES Reports and guidance documents; availability, etc.: Design Certification; early site permit and New license applicants; Quality Assurance Program description, 7079 E6-1924 Presidential Presidential Documents EXECUTIVE ORDERS Cote d’Ivoire; blocking property of certain persons contributing to the conflict (EO 13396), 7387-7392 06-1316 Public Public Debt Bureau See Fiscal Service Rural Rural Telephone Bank NOTICES Meetings;

Sunshine Act, 7006 06-1320 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 7079-7081 E6-1831 E6-1833 E6-1834 Public Company Accounting Oversight Board: Reporting on whether a previously reported material weakness continues to exist; auditing standard requirements, 7082-7083 E6-1841 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 7083-7089 E6-1832 E6-1843 Chicago Board Options Exchange, Inc., 7089-7098 E6-1836 E6-1837 International Securities Exchange, Inc., 7098-7100 E6-1838 National Association of Securities Dealers, Inc., 7100-7103 E6-1830 E6-1842 New York Stock Exchange, Inc., 7103-7106 E6-1839 Philadelphia Stock Exchange, Inc., 7106-7108 E6-1835 *Applications, hearings, determinations, etc.:* Community Capital Corp., 7081-7082 E6-1845 Eli Lilly & Co., 7082 E6-1844 State State Department NOTICES Culturally significant objects imported for exhibition determinations:

Action Half Life, 7108 06-1244 Statistical Statistical Reporting Service See National Agricultural Statistics Service Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Alabama Great Southern Railroad Co., 7114 E6-1888 TVA Tennessee Valley Authority NOTICES Committees; establishment, renewal, termination, etc.: Regional Resource Stewardship Council, 7108 06-1236 Thrift Thrift Supervision Office NOTICES Reports and gudiance documents; availability, etc.:

Liability provisions limitations; unsafe and unsound use in external audit engagement letters; interagency advisory, 6847 [ **Editorial Note:** This document was inadvertently placed under Treasury Department in the **Federal Register** table of contents of February 9, 2006.] Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Safe, Accountable, Flexible, Efficient Transportation Equity Act:

A Legacy for Users: Drivers licensed in Canada or Mexico transporting hazardous materials within United States; Section 7105 implementation; deadline extension, 7057 06-1247 Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Thrift Supervision Office Western Western Area Power Administration NOTICES Environmental statements; notice of intent: San Luis Rio Colorado Project, AZ; transmission facilities construction and operation; public scoping meetings, 7033-7036 E6-1914 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 7118-7316 06-1080 Part III Housing and Urban Development Department, 7318-7347 06-1120 Part IV Nuclear Regulatory Commission, 7350-7380 06-1163 Part V Education Department, 7382-7385 E6-1906 Part VI Executive Office of the President, Presidential Documents, 7387-7392 06-1316 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 28 Friday, February 10, 2006 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23733; Directorate Identifier 2006-CE-09-AD; Amendment 39-14481; AD 2006-03-17] RIN 2120-AA64 Airworthiness Directives;

Polskie Zaklady Lotnicze Spolka zo.o. Model PZL M26 01 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Polskie Zaklady Lotnicze Spolka zo.o. Model PZL M26 01 airplanes. This AD requires you to repetitively inspect fuselage frame No. XI for cracks and to replace fuselage frame No. XI and install reinforcement modifications if any cracks are found. The installation of reinforcement modifications is terminating action for the repetitive inspection requirement. This AD results from mandatory continuing airworthiness information

(MCAI)issued by the airworthiness authority for the European Union. We are issuing this AD to detect and correct cracks in fuselage frame No. XI, which could result in failure of this frame. This failure could lead to failure of the tail section of the airplane. DATES: This AD becomes effective on February 24, 2006. As of February 24, 2006, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. We must receive any comments on this AD by March 13, 2006. ADDRESSES: Use one of the following to submit comments on this AD: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001. • *Fax:* 1-202-493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To get the service information identified in this proposed AD, contact Polskie Zaklady Lotnicze Sp. zo.o., ul.Wojska Polskiego 3, 39-300 Mielec, Poland; telephone: 48 17 788 7440; facsimile: 48 17 788 7226. To view the comments to this AD, go to *http://dms.dot.gov.* The docket number is FAA-2006-23733; Directorate Identifier 2006-CE-09-AD. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4059; facsimile:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion *What events have caused this AD?* The European Aviation Safety Agency (EASA), which is the airworthiness authority for the European Union, recently notified FAA that an unsafe condition may exist on certain Polskie Zaklady Lotnicze Spolka zo.o. Model PZL M26 01airplanes. The EASA reports that during the inspection of a Polskie Zaklady Lotnicze Spolka zo.o. Model PZL M26 01 airplane, cracks were found in frame no. XI at the rear of the fuselage. The EASA further reports that the type certificate holder, Polskie Zaklady Lotnicze Spolka zo.o., believes that these cracks in the fuselage are due to excessive stresses generated by vertical tail loads when operating the airplane in the aerobatic category. *What is the potential impact if FAA took no action?* Cracks in fuselage frame No. XI could result in failure of this frame and the tail section of the airplane. *Is there service information that applies to this subject?* Polskie Zaklady Lotnicze Spolka zo.o. has issued Bulletin No. E/62.018/2005, dated November 30, 2005. *What are the provisions of this service information?* The service bulletin includes procedures for: —Inspecting for cracks in fuselage frame No. XI; —Replacing fuselage frame No. XI; and —Installing reinforcement modifications for fuselage frame No. XI. *What action did the EASA take?* The EASA classified this service bulletin as mandatory and issued EASA AD Number 2006-0011-E, dated January 12, 2006, to ensure the continued airworthiness of these airplanes in the European Union. *Did the EASA inform the United States under the bilateral airworthiness agreement?* These Polskie Zaklady Lotnicze Spolka zo.o. Model PZL M26 01 airplanes are manufactured in Poland (a member state of the European Union and EASA) and are type-certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Under this bilateral airworthiness agreement, the EASA has kept us informed of the situation described above. FAA's Determination and Requirements of This AD *What has FAA decided?* We have examined the EASA's findings, reviewed all available information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. Since the unsafe condition described previously is likely to exist or develop on other Polskie Zaklady Lotnicze Spolka zo.o. Model PZL M26 01 airplanes of the same type design that are registered in the United States, we are issuing this AD to detect and correct cracks in fuselage frame No. XI, which could result in failure of this frame and the tail section of the airplane. *What does this AD require?* This AD requires you to incorporate the actions in the previously-referenced service bulletin. In preparing this rule, we contacted type clubs and aircraft operators to get technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we would have included a discussion of any information that may have influenced this action in the rulemaking docket. *How does the revision to 14 CFR part 39 affect this AD?* On July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions. Comments Invited *Will I have the opportunity to comment before you issue the rule?* This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include the docket number, “FAA-2006-23733; Directorate Identifier 2006-CE-09-AD” at the beginning of your comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket web site, anyone can find and read the comments received into any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). This is docket number FAA-2006-23733; Directorate Identifier 2006-CE-09-AD. You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov.* *Are there any specific portions of this AD I should pay attention to?* We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. If you contact us through a nonwritten communication and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend this AD in light of those comments and contacts. Docket Information *Where can I go to view the docket information?* You may view the AD docket that contains the AD, any comments received, and any final disposition in person at the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern time), Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is located on the plaza level of the Department of Transportation NASSIF Building at the street address stated in ADDRESSES. You may also view the AD docket on the Internet at *http://dms.dot.gov.* The comments will be available in the AD docket shortly after the DMS receives them. Authority for This Rulemaking *What authority does FAA have for issuing this rulemaking action?* 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. We are 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 AD. Regulatory Findings *Will this AD impact various entities?* We have 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. *Will this AD involve a significant rule or regulatory action?* For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2006-23733; Directorate Identifier 2006-CE-09-AD” in your request. 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 Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2006-03-17 Polskie Zaklady Lotnicze Spolka Zo.o.:** Amendment 39-14481; Docket No. FAA-2006-23733; Directorate Identifier 2006-CE-09-AD. When Does This AD Become Effective?

(a)This AD becomes effective on February 24, 2006. Are Any Other ADs Affected by This Action?

(b)None. What Airplanes Are Affected by This AD?

(c)This AD affects Model PZL M26 01, serial numbers 1APP01-01 and 1AP002-01 through 1AP002-06, that are certificated in any category. What Is the Unsafe Condition Presented in This AD?

(d)This AD is the result of mandatory continuing airworthiness information

(MCAI)issued by the European Aviation Safety Agency (EASA), the airworthiness authority, for the European Union. We are issuing this AD to detect and correct cracks in fuselage frame No. XI, which could result in failure of this frame. This failure could lead to the failure of the tail section of the airplane. What Must I Do To Address This Problem?

(e)To address this problem, you must do the following: Actions Compliance Procedures

(1)Inspect fuselage frame No. XI for any cracks Before further flight after February 24, 2006 (the effective date of this AD). Thereafter, repetitively inspect every 20 hours time-in-service

(TIS)until you do the installation of reinforcement modifications for fuselage frame No. XI required by paragraph (e)(2)(ii) of this AD Follow Polskie Zaklady Lotnicze Sp. zo.o. Bulletin No. E/62.018/2005, dated November 30, 2005.

(2)If you find any cracks in fuselage frame No. XI as a result of any inspection required by paragraph (e)(1) of this AD, you must:

(i)Remove and replace any cracked fuselage frame No. XI; and

(ii)Do the installation of reinforcement modifications for fuselage frame No. XI. Before further after the inspection required by paragraph (e)(1) of this AD. The installation of reinforcement modifications required by paragraph (e)(2)(ii) of this AD is the terminating action for the repetitive inspection requirements of paragraph (e)(1) of this AD Follow Polskie Zaklady Lotnicze Sp. zo.o. Bulletin No. E/62.018/2005, dated November 30, 2005.

(3)Do not install any fuselage frame No. XI without also the reinforcement modifications required by paragraph (e)(2)(i) of this Ad As of February 24, 2006 (the effective date of this AD) Follow Polskie Zaklady Lotnicze Sp. zo.o. Bulletin No. E/62.018/2005, dated November 30, 2005. May I Request an Alternative Method of Compliance?

(f)You may request a different method of compliance or a different compliance time for this AD by following the procedures in 14 CFR 39.19. Unless FAA authorizes otherwise, send your request to your principal inspector. The principal inspector may add comments and will send your request to the Manager, Standards Office, Small Airplane Directorate, FAA. For information on any already approved alternative methods of compliance, contact Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4059; facsimile:

(816)329-4090. May I Reposition or Obtain a Special Flight Permit for the Requirements of this AD?

(g)No. After February 24, 2006 (the effective date of this AD), you may not operate the airplane to return/position the airplane to a home base, hangar, maintenance facility, or other location for the purpose of meeting the initial inspection requirements of paragraph (e)(1) of this AD. Special flight permits are prohibited for the purpose of meeting the replacement or reinforcement requirements of paragraphs (e)(2)(i) or (e)(2)(ii) of this AD. The condition is of the nature that continued flight past the effective date of this AD could severely jeopardize safety of flight. Is There Other Information That Relates to This Subject?

(h)EASA AD Number 2006-0011-E, dated January 12, 2006, also addresses the subject of this AD. Does This AD Incorporate Any Material by Reference?

(i)You must do the actions required by this AD following the instructions in Polskie Zaklady Lotnicze Sp. zo.o. Bulletin No. E/62.018/2005, dated November 30, 2005. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact Polskie Zaklady Lotnicze Sp. zo.o., ul. Wojska Polskiego 3, 39-300 Mielec, Poland; telephone: 48 17 788 7440; facsimile: 48 17 788 7226. To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* or call

(202)741-6030. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov.* The docket number is Docket No. FAA-2006-23733; Directorate Identifier 2006-CE-09-AD. Issued in Kansas City, Missouri, on February 3, 2006. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-1198 Filed 2-9-06; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

CFR

U.S. Code

2 references not yet in our index