[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Rules and Regulations]
[Pages 34622-34624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13674]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0446; Directorate Identifier 2008-CE-021-AD; 
Amendment 39-15568; AD 2008-13-05]
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: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
for the products listed above. This AD results from mandatory 
continuing airworthiness information (MCAI) issued 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.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 23, 2008.
    As of April 1, 2008 (73 FR 13113, March 12, 2008), the Director of 
the Federal Register approved the incorporation by reference of 
Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, 
dated September 24, 2007, listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Management Facility, 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200

[[Page 34623]]

New Jersey Avenue, SE., Washington, DC 20590.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 18, 2008 (73 
FR 21072), and proposed to supersede AD 2008-06-15, Amendment 39-15427 
(73 FR 13113, March 12, 2008). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states that:

    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 to identify whether the hose is 
from the affected batch of hoses and to inspect for defective hoses and 
end fittings, immediately replace any defective hose and end fittings, 
and eventually replace any of the hoses and end fittings from the 
affected batch that are not defective.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 also have required 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 AD.

Costs of Compliance

    We estimate that this AD will affect 422 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the 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 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 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.

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 the NPRM, 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.

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 removing Amendment 39-15427 (73 FR 
13113, March 12, 2008) and adding the following new AD:

2008-13-05 Lindstrand Balloons Ltd.: Amendment 39-15568; Docket No. 
FAA-2008-0446; Directorate Identifier 2008-CE-021-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 23, 
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.

[[Page 34624]]

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 to identify whether the 
hose is from the affected batch of hoses and to inspect for 
defective hoses and end fittings, immediately replace any defective 
hose and end fittings, and eventually replace any of the hoses and 
end fittings from the affected batch that are not defective.

Actions and Compliance

    (f) Do the following unless already done:
    (1) Before further flight after 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 
FAA-approved instructions. The Lindstrand Balloons Ltd. maintenance 
manual contains FAA-approved instructions. This action terminates 
the repetitive requirement in (f)(2) of this AD.
    (4) Unless already done, within 12 months after July 23, 2008 
(the effective date of this AD), replace any hose from the affected 
batch with a new hose and end fitting following FAA-approved 
instructions. The Lindstrand Balloons Ltd. maintenance manual 
contains FAA-approved instructions. After doing this replacement, no 
further action is required by this AD.

    Note 1: At any time after July 23, 2008 (the effective date 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; 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.

Material Incorporated by Reference

    (i) 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) On April 1, 2008 (73 FR 13113, March 12, 2008), the Director 
of the Federal Register previously approved the incorporation by 
reference of Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 
11, Issue 1, dated September 24, 2007.
    (2) For service information identified in this AD, contact 
Lindstrand Balloons Ltd., Maesbury Road, OSWESTRY, Shropshire SY10 
8ZZ, England, Telephone +44 (0) 1691-671717; FAX +4 (0) 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on June 10, 2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E8-13674 Filed 6-17-08; 8:45 am]
BILLING CODE 4910-13-P