[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38067-38069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 31

[Docket No. FAA-2016-5424; Special Conditions No. 31-001-SC]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final 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 final 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: These special conditions are effective June 13, 2016 and is 
applicable beginning May 25, 2016.

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

SUPPLEMENTARY INFORMATION: 

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 (ELOS) 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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    \2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.

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[[Page 38068]]

    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 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. ELOS Findings: The FAA notes that it has issued 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\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
    \4\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
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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 
following 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.

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              Section                          Title                        Paragraph                Amendment
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Sec.   23.1445....................  Oxygen distribution system  (a) and (b).....................           23-62
Sec.   23.1451....................  Fire protection for oxygen  (a), (b), and (c)...............           23-49
                                     equipment.
Sec.   23.1453....................  Protection of oxygen        (a) and (b).....................           23-49
                                     equipment from rupture.
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    Section 23.1445 mentions the only significant regulatory 
difference, regarding common sources oxygen with passengers. The oxygen 
system is not utilized for breathing; hence, 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.

Discussion of Comments

    Notice of proposed special conditions No. 31-16-01-SC for the 
Ultramagic, S.A., MK-32 Burner Series was published in the Federal 
Register on April 5, 2016 (81 FR 19502). No comments were received, and 
the special conditions are adopted as proposed.

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.
    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register; however, as the certification date for the 
Ultramagic, S.A., 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 is 
imminent, the FAA finds that good cause exists to make these special 
conditions effective upon issuance.

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 and it affects only the applicant who applied to the FAA 
for approval of these features on the balloons.

List of Subjects in 14 CFR Part 31

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.38 and 11.19.

[[Page 38069]]

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for 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 modified by Ultramagic, S.A.
    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.
    (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 May 25, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-13556 Filed 6-10-16; 8:45 am]
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