[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Proposed Rules]
[Pages 19502-19505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07786]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 31

[Docket No. FAA-2016-5424; Notice No. 31-16-01-SC]


Special Conditions: Ultramagic, S.A., Mark-32 Burner Series

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 19503]]


ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Ultramagic, 
S.A., balloon models F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, 
M-77, M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-
250, N-300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-
180, T-210, V-56, V-65, V-77, V-90, V-105, and Z-90. These models will 
have a novel or unusual design feature associated with having the new 
Mark-32 Burner series. The applicable airworthiness regulations do not 
contain adequate or appropriate safety standards for this design 
feature. These proposed special conditions contain the additional 
safety standards that the Administrator considers necessary to 
establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: Send your comments on or before May 5, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-5424 
using any of the following methods:
    [square] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
    [square] Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
    [square] Hand Delivery of Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m., 
Monday through Friday, except Federal holidays.
    [square] Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket Web 
site, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John VanHoudt, FAA, Program and 
Procedures Branch, ACE-114, Small Airplane Directorate, Aircraft 
Certification Service, 901 Locust; Kansas City, Missouri 64106; 
telephone (816) 329-4142; facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data. We ask 
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.

Background

    On September 21, 2014, Ultramagic, S.A. (Ultramagic) applied for a 
change to Type Certificate No. B02CE to incorporate the new Mark-32 
(MK-32) Burner series in balloon models F-18, H-56, H-65, H-77, M-56, 
M-56C, M-65, M-65C, M-77, M-77C, M-90, M-105, M-120, M-130, M-145, M-
160, N-180, N-210, N-250, N-300, N-355, N-425, S-70, S-90, S-105, S-
130, S-160, T-150, T-180, T-210, V-56, V-65, V-77, V-90, V-105, and Z-
90. The MK-32 Burner series is a derivative of the MK-10 Burner series, 
which are currently approved under TCDS B02CE.
    The MK-32 burner does introduce a particular novel aspect in terms 
of operation and performance--the primary modification being an oxygen 
augmented igniter system.

Type Certification Basis

    Under the provisions of Sec.  21.101, Ultramagic must show that the 
balloon models F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, M-77, 
M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-250, N-
300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-180, T-
210, V-56, V-65, V-77, V-90, V-105, and Z-90, as changed, continues to 
meet the applicable provisions incorporated by reference in Type 
Certificate No. B02CE or the applicable regulations in effect on the 
date of application for the change. The regulations incorporated by 
reference in the type certificate are commonly referred to as the 
``original type certification basis.'' The Direccion General de 
Aviacion Civil originally type certificated this aircraft under its 
type certificate Numbers 3, 4, 18, 61, 147, and 247. The FAA validated 
these products under U.S. Type Certificate Number B02CE. On September 
28, 2003, EASA began oversight of this product on behalf of Spain. The 
regulations incorporated by reference in B02CE are as follows:
    a. 14 CFR 21.29.
    b. 14 CFR part 31, effective on January 1990, as amended by 31-1 
through 31-5 inclusive. Application for Type Certificate dated June 5, 
1997.
    c. Equivalent level of Safety findings per provision of 14 CFR 
21.21(b)(1):
    (1) ACE-08-15\1\, August 1, 2008, Burners, 14 CFR 31.47(d).
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    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
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    (2) ACE-08-15A\2\, November 05, 2013, Burners, 14 CFR 31.47(d), for 
Model S-70.
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    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 31) do not contain adequate or 
appropriate safety standards for balloon models F-18, H-56, H-65, H-77, 
M-56, M-56C, M-65, M-65C, M-77, M-77C, M-90, M-105, M-120, M-130, M-
145, M-160, N-180, N-210, N-250, N-300, N-355, N-425, S-70, S-90, S-
105, S-130, S-160, T-150, T-180, T-210, V-56, V-65, V-77, V-90, V-105, 
and Z-90 because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same or similar 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same or similar novel or unusual design feature, the special conditions 
would also apply to the other model under Sec.  21.101.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of

[[Page 19504]]

the type-certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Model Numbers F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, 
M-77, M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-
250, N-300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-
180, T-210, V-56, V-65, V-77, V-90, V-105, and Z-90 balloons will 
incorporate the following novel and unusual design feature:
    The oxygen augmentation and hydraulic control.

Discussion

    Based on the provisions of Sec. Sec.  21.17 and 21.29 and the U.S.-
EASA Technical Implementation Procedures for Airworthiness and 
Environmental Certification Between the Federal Aviation Administration 
of the United States of America and the European Aviation Safety Agency 
of the European Union, the following airworthiness requirements are 
applicable to this project and will remain active for three years from 
the date of application and form the Certification Basis:
    a. Part 31, amendment 7 (The certification basis complied with 
according to the Ultramagic part 31 compliance checklist.).
    b. Equivalent Level of Safety (ELOS) Findings: The FAA notes that 
it has issued an equivalent level of safety findings per provision of 
14 CFR 21.21(b)(1), specifically ACE-08-15\3\ on August 1, 2008, 
Burners, Sec.  31.47(d) and then extended the ELOS as ACE-08-15A\4\ on 
November 05, 2013, Burners, Sec.  31.47(d), for the Model S-70. This 
ELOS has not been applied to the MK-32 and therefore not applicable.
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    3. Special conditions: The FAA notes that Ultramagic elected to 
comply with certain provisions of CS-23, amendment 3, that apply to 
oxygen systems. These provisions are applicable because there is an 
oxygen augmented igniter system available for the MK-32 burner. The 
below 14 CFR regulations, except Sec.  23.1445, are harmonized with 
their CS-23, amendment 3, counterpart regulations and form the basis of 
this special condition.
    Sec.  23.1445, Oxygen distribution system, paragraphs (a) and (b) 
states the following:

    (a) Except for flexible lines from oxygen outlets to the 
dispensing units, or where shown to be otherwise suitable to the 
installation, nonmetallic tubing must not be used for any oxygen 
line that is normally pressurized during flight.
    (b) Non-metallic oxygen distribution lines must not be routed 
where they may be subjected to elevated temperatures, electrical 
arcing, and released flammable fluids that might result from any 
probable failure.

    Sec.  23.1451, Fire protection for oxygen equipment, paragraphs 
(a), (b), and (c) states the following:

    Oxygen equipment and lines must--
    (a) Not be in any designated fire zone.
    (b) Be protected from heat that may be generated in, or escaped 
from, any designated fire zone.
    (c) Be installed so that escaping oxygen cannot cause ignition 
of grease, fluid, or vapour accumulations that are present in normal 
operation or that may result from the failure or malfunction of any 
other system.

    Sec.  23.1453, Protection of oxygen equipment from rupture, 
paragraphs (a) and (b) states the following:

    (a) Each element of the oxygen system must have sufficient 
strength to withstand the maximum pressure and temperature in 
combination with any externally applied loads arising from 
consideration of limit structural loads that may be acting on that 
part of the system.
    (b) Oxygen pressure sources and the lines between the source and 
shutoff means must be:
    (1) Protected from unsafe temperatures; and
    (2) Located where the probability and hazard of rupture in a 
crash landing are minimized.

    Sec.  23.1445 is the only significant regulatory difference, which 
states the following:

    Part 23 requires crewmembers be able to reserve a minimum supply 
for themselves when they share a common source of O2 with 
passengers.

    As the oxygen system is not utilized for breathing, this 
Significant Standard Difference (SSD) does not apply.
    In addition, the FAA notes that Ultramagic offers an optional 
hydraulic kit. This kit is a hydraulic system that actuates the 
burners' fuel valve. Since part 31 does not have provisions for 
hydraulic systems, Sec.  23.1435, Hydraulic systems, will provide the 
basis for the hydraulic system special conditions contained herein. No 
SSD is associated with this regulation.

Applicability

    As discussed above, these special conditions are applicable to the 
Model Numbers F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, M-77, 
M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-250, N-
300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-180, T-
210, V-56, V-65, V-77, V-90, V-105, and Z-90 balloons. Should 
Ultramagic, S.A. apply at a later date for a change to the type 
certificate to include another model incorporating the same novel or 
unusual design feature, the special conditions would apply to that 
model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model series of burners. It is not a rule of general 
applicability.

List of Subjects in 14 CFR Part 31

    Aircraft, Aviation safety.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for Model Numbers F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, M-
77, M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-
250, N-300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-
180, T-210, V-56, V-65, V-77, V-90, V-105, and Z-90 balloons.
    1. Certification of the MK-32 Burner Series under 14 CFR part 31.
    (a) In addition to the provisions of part 31, amendment 7, the 
applicant must design the MK-32 Burner to comply with the requirements, 
as described below, with respect to the igniter oxygen augmentation 
system and hydraulic burner valve actuation system:

Oxygen Distribution System

    (1) Except for flexible lines from oxygen outlets to the dispensing 
units, or where shown to be otherwise suitable to the installation, 
nonmetallic tubing must not be used for any oxygen line that is 
normally pressurized during flight.
    (2) Nonmetallic oxygen distribution lines must not be routed where 
they may be subjected to elevated temperatures, electrical arcing, and 
released flammable fluids that might result from any probable failure.

Fire Protection for Oxygen Equipment

    Oxygen equipment and lines must:
    (1) Not be installed in any designated fire zones.
    (2) Be protected from heat that may be generated in, or escape 
from, any designated fire zone.

[[Page 19505]]

    (3) Be installed so that escaping oxygen cannot come in contact 
with and cause ignition of grease, fluid, or vapor accumulations that 
are present in normal operation or that may result from the failure or 
malfunction of any other system.

Protection of Oxygen Equipment From Rupture

    (1) Each element of the oxygen system must have sufficient strength 
to withstand the maximum pressure and temperature, in combination with 
any externally applied loads arising from consideration of limit 
structural loads that may be acting on that part of the system.
    (2) Oxygen pressure sources and the lines between the source and 
the shutoff means must be:
    (i) Protected from unsafe temperatures; and
    (ii) Located where the probability and hazard of rupture in a crash 
landing are minimized.

Hydraulic Systems

    (1) Design. Each hydraulic system must be designed as follows:
    (i) Each hydraulic system and its elements must withstand, without 
yielding, the structural loads expected in addition to hydraulic loads.
    (ii) A means to indicate the pressure in each hydraulic system 
which supplies two or more primary functions must be provided to the 
flight crew.
    (iii) There must be means to ensure that the pressure, including 
transient (surge) pressure, in any part of the system will not exceed 
the safe limit above design operating pressure and to prevent excessive 
pressure resulting from fluid volumetric changes in all lines which are 
likely to remain closed long enough for such changes to occur.
    (iv) The minimum design burst pressure must be 2.5 times the 
operating pressure.
    (2) Tests. Each system must be substantiated by proof pressure 
tests. When proof tested, no part of any system may fail, malfunction, 
or experience a permanent set. The proof load of each system must be at 
least 1.5 times the maximum operating pressure of that system.
    (3) Accumulators. A hydraulic accumulator or reservoir may be 
installed on the engine side of any firewall, if--
    (i) It is an integral part of an engine or propeller system; or
    (ii) The reservoir is nonpressurized and the total capacity of all 
such nonpressurized reservoirs is one quart or less.
    (b) Ultramagic, through EASA, will provide the FAA with all 
Airworthiness Directives issued against the changed type design, if 
any, and a plan for resolving the unsafe conditions for the FAA type 
design.

    Issued in Kansas City, Missouri, on March 28, 2016.
Mel Johnson,
Acting Manager, Small Airplane Directorate Aircraft Certification 
Service.
[FR Doc. 2016-07786 Filed 4-4-16; 8:45 am]
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