[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61102-61104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21409]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8989; Directorate Identifier 2016-CE-025-AD; 
Amendment 39-18641; AD 2016-17-04 R1]
RIN 2120-AA64


Airworthiness Directives; All Hot Air Balloons

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are revising Airworthiness Directive (AD) 2016-17-04, which 
applies to all hot air balloons equipped with BAL[Oacute]NY 
KUB[Iacute][Ccaron]EK spol. s r.o. Model Kub[iacute][ccaron]ek burners. 
Both the original and revised AD result from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. This AD action revises AD 2016-17-04 to eliminate 
certain unnecessary documentation requirements.

DATES: This AD is effective on September 6, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 29, 
2016 (81 FR 57449, August 23, 2016).
    We must receive comments on this AD by October 21, 2016.

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.
    For service information identified in this AD, contact 
BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r. o., Jarn[iacute] 2a, 614 
00 Brno, Czech Republic, telephone: +420 545 422 620; fax: +420 545 422 
621; email: [email protected]; Internet: http://www.kubicekballoons.eu. You may view this 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. It is also available on the 
Internet at http://www.regulations.gov by searching for locating Docket 
No. FAA-2016-8989.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8989; 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 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: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On August 16, 2016, we issued AD 2016-17-04, Amendment 39-18617 (81 
FR 57449, August 23, 2016). That AD required actions intended to 
address an unsafe condition on all hot air balloons equipped with a 
Kub[iacute][ccaron]ek burner and was based on mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country. That MCAI states:

    Three propane leaks were reported in the recent past on a burner 
manufactured by Bal[oacute]ny Kub[iacute][ccaron]ek spol. s.r.o., 
equipped with the fuel hoses made of hose material ``EGEFLEX''.
    This condition, if not detected and corrected, could result in a 
fire, damaging the balloon and its envelope, ultimately leading to 
an emergency landing, with consequent injury to balloon occupants 
and persons on the ground.
    To address this potential unsafe condition, Bal[oacute]ny 
Kub[iacute][ccaron]ek spol. s.r.o. (the hose assemblies' 
manufacturer) published Service Bulletin (SB) N[deg] BB/50, BB-S/11, 
AB24 rev. 1, which provides instructions for replacement of the 
affected fuel hoses with an improved part. As the affected burner 
and related fuel hoses can easily be installed on other hot air 
balloons, this AD applies to all possibly affected type designs.
    For the reasons described above, this AD required identification 
and replacement of the affected fuel hoses.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-8989.
    Since we issued AD 2016-17-04, Amendment 39-18617 (81 FR 57449, 
August 23, 2016), we have determined that the AD should be revised to 
eliminate the unnecessary need to document the AD by logbook entry when 
the hot air balloon does not have fuel hoses made of ``EGEFLEX'' 
material. Therefore, the FAA determined that the inspection required 
should be eliminated and the applicability should be narrowed to only 
include those balloons that have both the Kub[iacute][ccaron]ek burner 
and fuel hoses made of ``EGEFLEX'' material installed.

Related Service Information Under 1 CFR Part 51

    BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. has issued Service 
Bulletin No. BB/50, BB-S/11, AB24 rev.1, dated May 12, 2016. The 
service information describes procedures for replacing all fuel hoses 
on burners that are made of ``EGEFLEX'' material. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section of this AD.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all information provided by the State of

[[Page 61103]]

Design Authority and determined the unsafe condition exists and is 
likely to exist or develop on type certificated products that 
incorporate the affected burners.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because this 
condition could result in a fire, damaging the balloon and its 
envelope, ultimately leading to an emergency landing, with consequent 
injury to the occupants and persons on the ground. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2016-8989; Directorate 
Identifier 2016-CE-025-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 60 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the replacement requirement of this AD. The average labor 
rate is $85 per work-hour. Parts cost is about $200 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $22,200, or $ 370 per product.

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 that 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.

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 removing AD 2016-17-04, Amendment 39-
18617 (81 FR 57449, August 23, 2016), and adding the following new AD:

2016-17-04 R1 ALL HOT AIR BALLOONS: Amendment 39-18641; Docket No. 
FAA-2016-8989; Directorate Identifier 2016-CE-025-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective on September 
6, 2016.

(b) Affected ADs

    This AD replaces AD 2016-17-04, Amendment 39-18617 (81 FR 57449, 
August 23, 2016) (``AD 2016-17-04'').

(c) Applicability

    This AD applies to all hot air balloons, certificated in any 
category, that are equipped with all of the following:
    (1) a BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Model 
Kub[iacute][ccaron]ek burner; and
    (2) fuel hose(s) made of ``EGEFLEX'' material.

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as propane leaks on 
burners equipped with fuel hoses made of ``EGEFLEX'' material. We 
are issuing this AD to prevent propane leaks in the fuel hoses, 
which could result in a fire, damaging the balloon and its envelope, 
ultimately leading to an emergency landing, with consequent injury 
to the occupants and persons on the ground. This AD action revises 
AD 2016-17-04 to eliminate the unnecessary need to document the AD 
by logbook entry when the hot air balloon does not have fuel hoses 
made of ``EGEFLEX'' material. This is done by eliminating the 
inspection required and narrowing the applicability to only include 
those balloons that have both the Kub[iacute][ccaron]ek burner and 
fuel hoses made of ``EGEFLEX'' material.

(f) Actions and Compliance

    Unless already done, no later than September 12, 2016 (this date 
is 14 days after August 29, 2016, which was the effective date of AD 
2016-17-04), replace any fuel hose made of ``EGEFLEX'' material 
following BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Service 
Bulletin No. BB/50, BB-S/11, AB24 rev.1, dated May 12, 2016.

(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: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816)

[[Page 61104]]

329-4090; email: [email protected]. Before using any approved 
AMOC on any balloon 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) Special Flight Permit

    Special flight permits are prohibited.

(i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2016-0151, dated July 26, 2016, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-8989.

(j) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
August 29, 2016 (81 FR 57449, August 23, 2016).
    (i) BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Service 
Bulletin No. BB/50, BB-S/11, AB24 rev.1, dated May 12, 2016.
    (ii) Reserved.
    (4) For BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. service 
information identified in this AD, contact BAL[Oacute]NY 
KUB[Iacute][Ccaron]EK spol. s r. o., Jarn[iacute] 2a, 614 00 Brno, 
Czech Republic, telephone: +420 545 422 620; fax: +420 545 422 621; 
email: [email protected]. Internet: http://www.kubicekballoons.eu.
    (5) You may view 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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2016-
8989.
    (6) 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/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 30, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service..
[FR Doc. 2016-21409 Filed 9-2-16; 8:45 am]
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