[Federal Register Volume 73, Number 76 (Friday, April 18, 2008)]
[Proposed Rules]
[Pages 21072-21074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8361]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 73, No. 76 / Friday, April 18, 2008 / 
Proposed Rules  

[[Page 21072]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0446; Directorate Identifier 2008-CE-021-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated by an 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.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 19, 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 proposed 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, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0446; 
Directorate Identifier 2008-CE-021-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On March 12, 2008, we issued AD 2008-06-15, Amendment 39-15427 (73 
FR 13113). That AD required actions intended to address an unsafe 
condition on the products listed above.
    AD 2008-06-15 was issued as an interim action in order to address 
the need for the immediate inspection and pressure test of applicable 
burner hoses for leaks and replacement of hoses and end fittings if 
found defective.
    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 allows for repetitive inspections of applicable burner 
hoses at intervals not to exceed ten hours time in service. The MCAI 
also requires replacing applicable burner hoses and end fittings before 
the next annual inspection.
    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 were analyzed separately for justification to bypass prior 
public notice.
    We are issuing this proposed AD to address the mandatory 
replacement of the burner hose and end fitting.

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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

[[Page 21073]]

Differences Between This Proposed 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 also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 422 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $33,760, or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 1 work-hour and require parts costing $200, for a cost of 
$280 per product. We have no way of determining the number of products 
that may need these actions.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing Amendment 39-15427 (73 FR 
13113), and adding the following new AD:

Lindstrand Balloons Ltd.: Docket No. FAA-2008-0446; Directorate 
Identifier 2008-CE-021-AD.

Comments Due Date

    (a) We must receive comments by May 19, 2008.

Affected ADs

    (b) This AD supersedes AD 2008-06-15, Amendment 39-15427.

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) Do the following unless already done:
    (1) Before further flight as of April 1, 2008 (the compliance 
date retained from AD 2008-06-15), 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) If as a result of the inspection required by (f)(1) of this 
AD 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) If as a result of any inspection or test required by (f)(2) 
of this AD you find a defective hose, before further flight, replace 
it and the end fitting with a new hose and new end fitting following 
the maintenance manual. This action terminates the repetitive 
requirement in (f)(2) of this AD.
    (4) Unless already done, within 12 months after the effective 
date of this AD, replace any hose from the affected batch with a new 
hose and end fitting. After doing this replacement, no further 
action is required by this AD.

    Note 1: At any time after the effective day of this AD, you may 
replace the hose and end fitting 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: No differences.

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;

[[Page 21074]]

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.

Related Information

    (h) 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.

    Issued in Kansas City, Missouri, on April 11, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-8361 Filed 4-17-08; 8:45 am]
BILLING CODE 4910-13-P