[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13113-13115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4759]


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DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0283; Directorate Identifier 2008-CE-013-AD; 
Amendment 39-15427; AD 2008-06-15]
RIN 2120-AA64


Airworthiness Directives; Lindstrand Balloons Ltd. Models 42A, 
56A, 77A, 105A, 150A, 210A, 260A, 60A, 69A, 90A, 120A, 180A, 240A, and 
310A Balloons

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Defective burner hoses have been identified which might develop 
a leak. A significant leak, if it was ignited, could hazard the 
balloon and occupants.
    Since the issue of AD G-2003-0010 there have been occurrences of 
hose failure in batches not identified in the earlier bulletins. 
LHAB Service Bulletin (SB) No 11 supersedes the earlier SBs and 
revises the applicability as required.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective April 1, 2008.
    On April 1, 2008, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.
    We must receive comments on this AD by April 11, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, 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 http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer, 901 
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4138; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The United Kingdom Civil Aviation Authority, which is the aviation 
authority for the United Kingdom, has issued Emergency Airworthiness 
Directive AD No: G-2008-0001, dated January 9, 2008 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Defective burner hoses have been identified which might develop 
a leak. A significant leak, if it was ignited, could hazard the 
balloon and occupants.
    Since the issue of AD G-2003-0010 there have been occurrences of 
hose failure in batches not identified in the earlier bulletins.

[[Page 13114]]

LHAB Service Bulletin (SB) No 11 supersedes the earlier SBs and 
revises the applicability as required.

    The MCAI requires you inspect the hose and to identify whether the 
hose is from the affected batch of hoses and to inspect and replace any 
defective hose and end fitting from the affected batch.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Lindstrand Balloons Ltd. has issued Lindstrand Hot Air Balloons 
Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.
    This AD is considered an interim action because we are not 
including a mandatory terminating requirement to replace the hose in 
this AD; it is only required if the hose has been found to be 
defective. The Administrative Procedure Act does not permit the FAA to 
``bootstrap'' a long-term requirement into an urgent safety of flight 
action where the rule becomes effective at the same time the public has 
the opportunity to comment. The short-term action and the long-term 
action are analyzed separately for justification to bypass prior public 
notice.
    After issuing this AD, we may initiate further AD action (notice of 
proposed rulemaking followed by a final rule) to require such a 
terminating action.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
defective burner hoses have been identified which might develop a leak, 
which could ignite and endanger the balloon and occupants. Therefore, 
we determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2008-0283; Directorate 
Identifier 2008-CE-013-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.
    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 
rulemaking action.

Regulatory Findings

    We 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.
    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 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 regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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 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 AD:

2008-06-15 Lindstrand Balloons Ltd.: Amendment 39-15427; Docket No. 
FAA-2008-0283; Directorate Identifier 2008-CE-013-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 1, 
2008.

Affected ADs

    (b) None.

[[Page 13115]]

Applicability

    (c) This AD applies to Models 42A, 56A, 60A, 69A, 77A, 90A, 
105A, 120A, 150A, 180A, 210A, 240A, 260A, and 310A balloons that 
are:
    (i) Certificated in any category; and
    (ii) Equipped with burners with serial numbers BU502 through 
BU792, except BU507, BU511, BU512, BU614, BU643, BU655, BU656, 
BU719, BU723, BU746, BU749, BU752, BU754, BU762, BU779, BU781, 
BU785, BU787, and BU789.

Subject

    (d) Air Transport Association of America (ATA) Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Defective burner hoses have been identified which might develop 
a leak. A significant leak, if it was ignited, could hazard the 
balloon and occupants.
    Since the issue of AD G-2003-0010 there have been occurrences of 
hose failure in batches not identified in the earlier bulletins. 
LHAB Service Bulletin (SB) No. 11 supersedes the earlier SBs and 
revises the applicability as required.
    The MCAI requires you inspect the hose and to identify whether 
the hose is from the affected batch of hoses and to inspect and 
replace any defective hose and end fitting from the affected batch.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight as of April 1, 2008 (the effective 
date of this AD) inspect the balloon burner to determine whether it 
has a hose from the affected batch of hoses following Lindstrand Hot 
Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 
24, 2007.
    (2) As a result of the inspection required by (f)(1) of this AD, 
if you find a hose from the affected batch, before further flight 
inspect for leaks and conduct a pressure test following Lindstrand 
Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated 
September 24, 2007, and repetitively thereafter inspect and conduct 
a pressure test at intervals not to exceed 10 hours time-in-service.
    (3) As a result of any inspection or test required by (f)(2) of 
this AD, if you find a defective hose, replace it and the end 
fitting with a new hose and new end fitting before further flight. 
This action terminates the repetitive requirement in (f)(2) of this 
AD.

    Note 1: You may replace the hose and end fitting at any time to 
terminate the repetitive inspection and testing requirements of this 
AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI and the service information specify repetitive 
inspections if no leaks are detected during the initial required 
inspection, until the next annual inspection, at which time 
replacing the hose and end fitting is required.
    (2) This AD is considered an interim action because we are not 
including the mandatory replacement terminating action in this AD 
(replacement is only required by this AD if a defective hose is 
found in an inspection or test). The Administrative Procedure Act 
does not permit the FAA to ``bootstrap'' a long-term requirement 
into an urgent safety of flight action where the rule becomes 
effective at the same time the public has the opportunity to 
comment. The short-term action and the long-term action are analyzed 
separately for justification to bypass prior public notice.
    (3) After issuing this AD, we may initiate further AD action 
(notice of proposed rulemaking followed by a final rule) to require 
a terminating action to the repetitive inspection and test.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4138; fax: (816) 329-4090. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Special Flight Permit

    (h) We are not allowing any special flight permits.

Related Information

    (i) Refer to MCAI United Kingdom Civil Aviation Authority 
Emergency Airworthiness Directive AD No: G-2008-0001, dated January 
9, 2008, and Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 
11, Issue 1, dated September 24, 2007, for related information.

Material Incorporated by Reference

    (j) You must use Lindstrand Hot Air Balloons Ltd. Service 
Bulletin No. 11, Issue 1, dated September 24, 2007, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Lindstrand Balloons Ltd., Maesbury Road, OSWESTRY, Shropshire SY10 
8ZZ, England; telephone: +44 1691-671717; facsimile: +44 1691-
671122.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on March 4, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-4759 Filed 3-11-08; 8:45 am]
BILLING CODE 4910-13-P