[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Rules and Regulations]
[Pages 6973-6975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1198]



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  Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / 
Rules and Regulations  

[[Page 6973]]



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

[[Page 6974]]

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

0
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

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):

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:

[[Page 6975]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect fuselage frame    Before further        Follow Polskie
 No. XI for any cracks.        flight after          Zaklady Lotnicze
                               February 24, 2006     Sp. zo.o. Bulletin
                               (the effective date   No. E/62.018/2005,
                               of this AD).          dated November 30,
                               Thereafter,           2005.
                               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.
(2) If you find any cracks    Before further after  Follow Polskie
 in fuselage frame No. XI as   the inspection        Zaklady Lotnicze
 a result of any inspection    required by           Sp. zo.o. Bulletin
 required by paragraph         paragraph (e)(1) of   No. E/62.018/2005,
 (e)(1) of this AD, you        this AD. The          dated November 30,
 must:                         installation of       2005.
(i) Remove and replace any     reinforcement
 cracked fuselage frame No.    modifications
 XI; and                       required by
(ii) Do the installation of    paragraph
 reinforcement modifications   (e)(2)(ii) of this
 for fuselage frame No. XI.    AD is the
                               terminating action
                               for the repetitive
                               inspection
                               requirements of
                               paragraph (e)(1) of
                               this AD.
(3) Do not install any        As of February 24,    Follow Polskie
 fuselage frame No. XI         2006 (the effective   Zaklady Lotnicze
 without also the              date of this AD).     Sp. zo.o. Bulletin
 reinforcement modifications                         No. E/62.018/2005,
 required by paragraph                               dated November 30,
 (e)(2)(i) of this Ad.                               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]
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