[Federal Register Volume 65, Number 35 (Tuesday, February 22, 2000)]
[Rules and Regulations]
[Pages 8653-8655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4070]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-08-AD; Amendment 39-11594; AD 2000-04-12]
RIN 2120-AA64


Airworthiness Directives; Cameron Balloons Ltd. (Thunder & Colt) 
Titanium Propane Cylinders, Part Number (P/N) CB2380 and P/N CB2383

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all aircraft (specifically balloons) that incorporate 
certain Cameron Balloons Ltd. (Thunder and Colt) titanium propane 
cylinders, part number (P/N) CB2380 and P/N CB2383. This AD requires 
that you remove from service any of the affected titanium propane 
cylinders and replace each affected cylinder with an FAA-approved 
airworthy propane cylinder. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for the United Kingdom. The actions specified by this AD are 
intended to prevent titanium propane cylinders from cracking and 
releasing propane gas vapor while the balloon is in service. This could 
result in a propane explosion and fire.

DATES: Effective March 13, 2000.
    The FAA must receive any comments on this rule on or before April 
17, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 2000-CE-08-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.
    You may get the service information referenced in this AD from 
Cameron Balloons Ltd/Thunder and Colt, St. Johns Street, Bedminster, 
Bristol; BS3 4NH; telephone: +44 (0)117 9637216; facsimile: +44 (0)177 
966168; or Cameron Balloons, P.O. Box 3672, Ann Arbor, Michigan 46106; 
telephone: (734) 426-5525; facsimile: (734) 426-5026. You may examine 
this information at the FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2000-CE-08-AD, 901 Locust, Room 
506, Kansas City, Missouri 64106; or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Roger Chudy, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4140; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD?: The Civil Aviation Authority 
(CAA), which is the airworthiness authority for the United Kingdom, 
recently notified the FAA that an unsafe condition may exist on 
aircraft (specifically balloons) that incorporate certain Cameron 
Balloons Ltd. (Thunder and Colt) titanium propane cylinders, part 
number (P/N) CB2380 and P/N CB2383.
    The CAA advises that fatigue may cause the longitudinal weld on 
these titanium propane cylinders to crack. This would cause the propane 
fuel to leak from these cylinders.
    What are the consequences if the condition is not corrected?: This 
condition, if not corrected, could lead to a propane explosion and 
fire.

Relevant Service Information

    Is there service information that applies to this subject?: Yes. 
The following service bulletins address this issue:

--Cameron Balloons Ltd. and Thunder & Colt has issued Alert Service 
Bulletin SB8, dated January 28, 2000; and
--Cameron Balloons Alert Service Bulletin 5, dated February 2, 2000.

    What are the provisions of these service bulletins?: The 
applicability and provisions of these service bulletins are as follows:
    Cameron Balloons Ltd. and Thunder & Colt Alert Service Bulletin 
SB8: This service information applies to any aircraft (specifically 
balloons) that incorporate one of the affected titanium propane 
cylinders, and specifies the following:

--Cylinders must not be refilled.
--Cylinders must be emptied of all fuel and depressurized within 7 
days.
--Cylinders must be returned to Cameron Balloons factory after 
emptying.

    Cameron Balloons Alert Service Bulletin 5: This service information 
applies to any aircraft (specifically balloons) that incorporate one of 
the affected titanium propane cylinders, and specifies the following:

--Tanks must not be refilled after February 29, 2000.
--Tanks must be emptied of all fuel and depressurized by February 29, 
2000.
--Tanks must be returned, empty and depressurized, to the Cameron 
Balloons U.S. factory no later than February 29, 2000.

The Foreign Airworthiness Authority's Action

    What action did the CAA take?: The CAA did the following in order 
to assure the continued airworthiness of aircraft (specifically 
balloons) that incorporate these titanium propane cylinders in the 
United Kingdom:

--Classified the actions specified in Cameron Balloons Ltd. and Thunder 
& Colt Alert Service Bulletin SB8, dated January 28, 2000, as 
mandatory; and
--Issued United Kingdom AD 001-01-2000, dated January 31, 2000.

    Was this in accordance with the bilateral airworthiness agreement?: 
Yes. Pursuant to the applicable bilateral airworthiness agreement, the 
CAA has kept the FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
AD

    What has the FAA decided?: After examining the circumstances and 
reviewing all available information related to the incidents described 
above including that received from the CAA, the FAA has determined 
that:

--An unsafe condition exists or could develop on aircraft (specifically 
balloons) that incorporate certain Cameron Balloons Ltd. (Thunder and 
Colt) titanium propane cylinders, P/N CB2380 and P/N CB2383;
--The affected titanium propane cylinders should be removed from 
service; and
--AD action should be taken to prevent titanium propane cylinders from 
cracking and releasing propane gas vapor while the balloon is in 
service. This could result in a propane explosion and fire.

    What does this AD require?: This AD requires that you remove from 
service any of the affected titanium propane cylinders and replace each 
affected cylinder with an FAA-approved airworthy propane cylinder.

[[Page 8654]]

Compliance Time of This AD

    What is the compliance time of this AD?: Within 14 calendar days 
after the effective date of this AD.
    Why is the compliance time in calendar time instead of hours time-
in-service?: The FAA has determined that a calendar time for compliance 
is necessary because the unsafe condition described by this AD is not 
directly related to titanium propane cylinder use. The chance of this 
situation occurring is the same for aircraft with 10 hours time-in-
service (TIS) that incorporate a titanium propane cylinder as it is for 
aircraft with 500 hours TIS that incorporate a titanium propane 
cylinder.
    For this reason, the FAA has determined that a compliance based on 
calendar time should be utilized in this AD in order to assure that the 
unsafe condition is addressed in a reasonable time period on aircraft 
that incorporate at least one of the affected titanium propane 
cylinders.
    Will the public have the opportunity to comment prior to the 
issuance of the rule?: No. Since a situation exists that requires the 
immediate adoption of this regulation, the FAA finds that notice and 
opportunity for public prior comment hereon are impracticable, and that 
good cause exists for making this amendment effective in less than 30 
days.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, the FAA invites 
comments on this rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments in triplicate to the address specified under the 
caption ``ADDRESSES.'' The FAA will consider all comments received on 
or before the closing date. We may amend this rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of the AD action 
and determining whether we need to take additional rulemaking action.
    The FAA is re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clearer, and any other 
suggestions you might have to improve the clarity of FAA communications 
that affect you. You can get more information about the Presidential 
memorandum and the plain language initiative at http://www.plainlanguage.gov.
    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may examine all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of this 
AD.
    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2000-CE-08-AD.'' We will date stamp and mail 
the postcard back to you.

Regulatory Impact

    These regulations 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. Therefore, the FAA has determined that 
this final rule does not have federalism implications under Executive 
Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. We determined that this action involves an 
emergency regulation under DOT Regulatory Policies and Procedures (44 
FR 11034, February 26, 1979). If the FAA determines that this emergency 
regulation otherwise would be significant under DOT Regulatory Policies 
and Procedures, we will prepare a final regulatory evaluation and place 
it in the Rules Docket (otherwise, an evaluation is not required). You 
may obtain a copy of this evaluation, if filed, from the Rules Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

    Accordingly, pursuant to 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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

2000-04-12  Cameron Balloons LTD/Thunder and Colt: Amendment 39-
11594; Docket No. 2000-CE-08-AD.

    (a) What aircraft are affected by this AD?: Any aircraft 
(specifically balloons), certificated in any category, that 
incorporate at least one of the following titanium propane 
cylinders:

------------------------------------------------------------------------
             Part No.                            Serial No.
------------------------------------------------------------------------
CB2380............................  All serial numbers up to and
                                     including BT0143
CB2383............................  All serial numbers up to and
                                     including BT0076
------------------------------------------------------------------------

    (b) Who must comply with this AD?: Anyone who wishes to operate 
an aircraft (specifically balloons) that:
    (1) Is certificated in any category and listed on the U.S. 
Register; and
    (2) Incorporates at least one of the above-referenced titanium 
propane cylinders.
    (c) What problem does this AD address?: The actions specified by 
this AD are intended to prevent titanium propane cylinders from 
cracking and releasing propane gas vapor while the balloon is in 
service. This could result in a propane explosion and fire.
    (d) What must I do to address this problem?: To address this 
problem, you must accomplish the following actions:
    (1) Within the next 14 calendar days after the effective date of 
this AD, you must remove from service any of the titanium propane 
cylinders listed in paragraph (a) of this AD and replace each 
affected cylinder with an FAA-approved airworthy propane cylinder 
that is not listed in paragraph (a) of this AD; and
    (2) As of the effective date of this AD, you must not 
incorporate, an any aircraft (specifically balloons), any titanium 
propane cylinder listed in paragraph (a) of this AD.
    (e) What specific procedures must I use to accomplish the 
action?: No procedures are necessary to remove the titanium propane 
cylinders from operation. However, the following contains 
information you should use when handling these titanium propane 
cylinders:
    (1) Instructions for handling and exchanging the affected 
titanium propane cylinders are included in Cameron Balloons Ltd. and 
Thunder & Colt Alert Service Bulletin SB8, dated January 28, 2000.
    (2) The current applicable Department of Transportation (DOT) 
regulations (49 CFR part 171, et. seq.) shall be utilized when 
handling or shipping hazardous materials associated with titanium 
propane cylinders.
    (f) Can I comply with this AD in any other way?: Yes.

[[Page 8655]]

    (1) You may use an alternative method of compliance or adjust 
the compliance time if:
    (i) Your alternative method of compliance provides an equivalent 
level of safety; and
    (ii) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager.
    (2) This AD applies to any titanium propane cylinder referenced 
in the Applicability section of this AD, regardless of whether it 
has been modified, altered, or repaired in the area subject to the 
requirements of this AD. For those titanium propane cylinders that 
have been modified, altered, or repaired so that the performance of 
the requirements of this AD is affected, the owner/operator must 
request approval for an alternative method of compliance in 
accordance with paragraph (f)(1) of this AD. The request should 
include an assessment of the effect of the modification, alteration, 
or repair on the unsafe condition addressed by this AD; and, if you 
have not eliminated the unsafe condition, specific actions you 
propose to address it.
    (g) Where can I get information about any already-approved 
alternative methods of compliance?: Contact the Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; 
telephone: (816) 329-4140; facsimile: (816) 329-4090.
    (h) Who should I contact if I have questions regarding the 
service information?: Direct all questions or technical information 
related to Cameron Balloons Ltd and Thunder & Colt Alert Service 
Bulletin SB8, dated January 28, 2000, to Cameron Balloons Ltd/
Thunder and Colt, St. Johns Street, Bedminster, Bristol; BS3 4NH; 
telephone: +44 (0)117 9637216; facsimile: +44 (0)177 966168; or 
Cameron Balloons U.S., Ann Arbor, Michigan 46106; telephone: (734) 
426-5525; facsimile: (734) 426-5026. You may examine this service 
information at the FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.
    (i) Has another airworthiness authority addressed this action?: 
Yes. The subject of this AD is addressed in United Kingdom AD 001-
01-2000, dated January 31, 2000.
    (j) When does this amendment become effective?: This amendment 
becomes effective on March 13, 2000.

    Issued in Kansas City, Missouri, on February 15, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-4070 Filed 2-18-00; 8:45 am]
BILLING CODE 4910-13-P