[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9785-9787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02720]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1134; Directorate Identifier 2012-CE-034-AD;
Amendment 39-17345; AD 2013-03-10]
RIN 2120-AA64
Airworthiness Directives; Lindstrand Hot Air Balloons Ltd
Appliances
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Lindstrand Hot Air Balloons Ltd female ACME threaded hose connectors,
part numbers HS6139 and HS6144, installed on balloons. 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 insufficient tightness of the threaded hose connector in
the assembly area that could result in fuel leakage. We are issuing
this AD to require actions to address the unsafe condition on these
products.
DATES: This AD is effective March 19, 2013.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 19,
2013.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
For service information identified in this AD, contact Lindstrand
Hot Air Balloons Ltd, Maesbury Road, Oswestry, Shropshire SY10 8ZZ, The
United Kingdom; telephone: +44 (0) 1691-671717; fax: +44 (0) 1691-
671122; email: [email protected]; Internet: http://www.lindstrand.co.uk/. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call (816) 329-4148.
FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
[[Page 9786]]
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090; email:
[email protected].
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 October 23, 2012 (77
FR 64763). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
Three incidents were reported where the female ACME threaded
connectors (Rego type) was leaking when connected to the gas
cylinder with the cylinder valve turned on.
The results of the technical investigations revealed the
possibility that other similar connectors produced between 01
January 2011 and 01 September 2011 might not have been assembled
with sufficient tightness. A list of potentially affected connectors
has been drawn up Table 1 of this AD. A list of burners and
manifolds on which it is already known that an affected connector
has been installed is provided in Table 2 of this AD.
This condition, if not detected and corrected, could result, in
case of an ignition source, in a fire hazard that could damage the
balloon and its envelope, ultimately leading to a forced emergency
landing, during which balloon occupants and persons on the ground
could be injured.
To address this potential unsafe condition, Lindstrand Hot Air
Balloons Ltd. (who manufactured the hose assemblies) issued Service
Bulletin (SB) N[deg] 12, which, for the affected parts, requires
accomplishment of an inspection of the female ACME thread hose
connectors.
For the reasons described above, EASA issued AD 2012-0142, to
require an inspection of the female ACME thread hose connectors for
leakage, and, depending on findings, to re-torque the connectors
using correct values.
Since that AD was issued, it has been determined that the pilot-
owner of the balloon can accomplish the inspection of the affected
parts to identify the leak. In addition, the risk assessment has
been reconsidered, which has led to the conclusion that the
compliance time for the inspection can be extended to 60 days after
the effective date of the date at original issue. Similarly, as most
of the parts have now been inspected and, depending on findings,
corrected, it was possible to delete paragraph (3) from the AD,
dealing with spare parts.
Although the European Aviation Safety Agency (EASA) MCAI allows the
pilot-owner to do the inspection and correction required in paragraphs
(f)(1), (f)(2), and (f)(3) of this AD, the U.S. regulatory system
requires all actions of this AD be done by a certified mechanic.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.
Request To Change Applicability or Withdraw NPRM
Phil A. Thompson, President of ARBC, Inc. dba/Lindstrand Balloons
USA, requests we reduce the applicability of the AD or withdraw the
NPRM. The commenter states that the unsafe condition applies to only
the specific female ACME threaded hose connectors, part numbers HS6139
and HS6144, produced during a certain time period.
The FAA disagrees with reducing the applicability or withdrawing
the NPRM. While we agree that the unsafe condition exists only on the
specific female ACME threaded hose connectors, part numbers HS6139 and
HS6144; we cannot determine which balloons have the defective parts
installed. We also cannot determine the exact serial numbers produced
during the certain time period referenced by the commenter to limit the
applicability to parts produced during that time period. Neither the
FAA nor EASA has received any documentation to prove that the defective
parts are limited to the 23 parts referenced by the commenter.
We have not changed the final rule AD action based on this comment.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed except for minor editorial changes. We have determined
that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 64763, October 23, 2012) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 64763, October 23, 2012).
Costs of Compliance
We estimate that this AD will affect 2,170 products of U.S.
registry. We also estimate that it would take about .5 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $92,225, or $42.50 per product.
In addition, we estimate that any necessary follow-on actions would
take about .5 work-hour. 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
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.
[[Page 9787]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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:
2013-03-10 Lindstrand Hot Air Balloons Ltd: Amendment 39-17345;
Docket No. FAA-2012-1134; Directorate Identifier 2012-CE-034-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective March 19,
2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all hot air balloons, certificated in any
category, equipped with Lindstrand Hot Air Balloons Ltd female ACME
threaded hose connectors, part numbers (P/Ns) HS6139 and HS6144, all
serial numbers.
(d) Subject
Air Transport Association of America (ATA) Code 14: Hardware.
(e) Reason
This AD was prompted by 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 insufficient
tightness of the threaded hose connector in the assembly area that
could result in fuel leakage. We are issuing this AD to detect and
correct insufficient tightness of the threaded hose connector in the
assembly area. This condition, if not corrected, could result in
fuel leakage and lead to an inflight fire.
(f) Actions and Compliance
Unless already done, do the following actions:
(1) Within the next 60 days after March 19, 2013 (the effective
date of this AD), inspect the female ACME threaded hose connectors,
(P/Ns) HS6139 and HS6144, for leaking following the Accomplishment
Instructions of Lindstrand Hot Air Balloons Ltd Service Bulletin No.
12, Issue 2, dated May 10, 2012.
(2) If fuel leakage is detected in the inspection required in
paragraph (f)(1) of this AD, before further flight, tighten the
threaded hose connector to the correct torque following Lindstrand
Hot Air Balloons Ltd Service Bulletin No. 12, Issue 2, dated May 10,
2012.
(3) If, after March 19, 2013 (the effective date of this AD),
you install on any balloon an ACME threaded hose connector, (P/Ns)
HS6139 or HS6144, manufactured by Lindstrand Hot Air Balloons Ltd
and supplied as a spare part between January 1, 2011, and September
1, 2011, before further flight, you must comply with the actions of
this AD.
(4) Although the European Aviation Safety Agency (EASA) MCAI
allows the pilot-owner to do the inspection and correction required
in paragraphs (f)(1), (f)(2), and (f)(3) of this AD, the U.S.
regulatory system requires all actions of this AD be done by a
certified mechanic.
(g) Other FAA AD Provisions
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; email:
[email protected]. 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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(h) Related Information
Refer to MCAI European Aviation Safety Agency AD 12-053, dated
May 25, 2012; and Lindstrand Hot Air Balloons Ltd Service Bulletin
No. 12, Issue 2, dated May 10, 2012, for related information.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Lindstrand Hot Air Balloons Ltd Service Bulletin No. 12,
Issue 2, dated May 10, 2012.
(ii) Reserved.
(3) For Lindstrand Hot Air Balloons Ltd service information
identified in this AD, contact Lindstrand Hot Air Balloons Ltd,
Maesbury Road, Oswestry, Shropshire SY10 8ZZ, The United Kingdom;
telephone: +44 (0) 1691-671717; fax: +44 (0) 1691-671122; email:
[email protected]; Internet: http://www.lindstrand.co.uk/.
(4) You may review this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
(5) You may view this service information that is incorporated
by reference 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/index.html.
Issued in Kansas City, Missouri, on February 1, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-02720 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-13-P