[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Proposed Rules]
[Pages 29472-29474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13499]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 31

[Docket No. FAA-2018-0566; Notice No. 31-18-01-SC]


Special Conditions: Ultramagic S.A., Model 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, and V-105 Balloons; Balloon 
Passenger Basket, Model CV-08, Seat Installation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for Ultramagic S.A. 
Model 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, and V-
105 balloons. These balloons will have novel or unusual design features 
associated with a standard construction basket with a singular 
distribution that includes four occupant seats and a lower sidewall. 
The applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for these design features. These proposed 
special conditions contain the additional safety standards 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 August 9, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0566 
using any of the following methods:
    [squ] Federal eRegulations Portal: Go to http://www.regulations.gov 
and follow the online instructions for sending your comments 
electronically.
    [squ] 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.
    [squ] 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.

[[Page 29473]]

    [squ] 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 
website, 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: Robert Stegeman, FAA, AIR-691, Policy 
& Innovation Division, Small Airplane Standards Branch, Aircraft 
Certification Service, 901 Locust; Kansas City, Missouri 64106; 
telephone (816) 329-4140; 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 August 4, 2016, Ultramagic S.A. (Ultramagic) applied for a 
change to Type Certificate (TC) No. B02CE \1\ to include new basket 
Model no. CV-08 for balloon Models 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, and V-105. The CV-08 basket consists of a 
traditionally constructed basket, but incorporates seats with 
restraints and trays for all passengers, as well as a lower basket 
sidewall to offer a panoramic view for passengers. The CV-08 basket 
will be matched with one of the balloon envelopes associated with the 
balloon models listed in these special conditions. The volume of hot 
air, gores, maximum diameter, and total height defines the balloon 
envelope.
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    \1\ See http://rgl.faa.gov/.
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    Most balloon baskets accommodate standing passengers. The CV-08 
differs by incorporating passenger seats, restraints, and a lower 
basket sidewall. Due to the lower sidewall and seat configuration, 
passengers would need to remain seated and restrained with safety belts 
during flight. This configuration should consider the static strength 
of the installations, the possible loads in an accident, and the effect 
on passenger safety. Accident impact should consider safety comparison 
between a restrained, sitting occupant; and a normal, standing 
occupant. Safety requirements for balloon-seated occupants are not 
included in the existing airworthiness regulations. These proposed 
special conditions evaluate the seat installations and restraints using 
methods consistent with special conditions issued by the European 
Aviation Safety Agency (EASA). The EASA special conditions are based 
upon a German standard for seats in hot air airships.

Type Certification Basis

    Under the provisions of Sec.  21.101, Ultramagic must show that the 
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, and V-
105 balloon models--coupled with the CV-08 basket--continues to meet 
the applicable provisions of the regulations incorporated by reference 
in TC 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 regulations incorporated by reference in TC 
No. B02CE are as follows:
    14 CFR 21.29 and part 31, effective on January, 1990, as amended by 
31-1 through 31-5 inclusive.
    Equivalent level of Safety findings per provision of 14 CFR 
21.21(b)(1):

ACE-08-15 of August 1, 2008, Burners, 14 CFR 31.47(d)
ACE-08-15A of November 05, 2013, Burners, 14 CFR 31.47(d), for Model S-
70

    Special Conditions 31-001-SC applicable to MK-32 model burners.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 31) do not contain adequate or 
appropriate safety standards for the balloon models listed in these 
proposed special conditions 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(s) 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 
FAA would apply these special conditions 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 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, 
and V-105 balloon models coupled with a CV-08 basket will incorporate 
the following novel or unusual design features:
    Occupant seats with restraints and a lowered basket side rail.

Discussion

    Neither the FAA's airworthiness standards (14 CFR part 31, 
amendment 31-5), nor EASA's current Certification Specification (CS) 
for Hot Air Balloons (CS 31HB, amendment 1), incorporate specific 
requirements for seat and seat belts.
    EASA previously published a proposed special condition \2\ (now 
expired) for seats and seat belts for hot air balloon baskets. EASA 
based the requirements of its proposed special condition on the German 
airworthiness requirements for Hot Air Airships LFHLLS,\3\ 
incorporating hot air balloon basket requirements for seats, seat 
belts, and the loads in an emergency landing condition, similar to hot 
air airship

[[Page 29474]]

requirements. Ultramagic's change application applied the language in 
the EASA proposed special condition for CS 31HA.14(c), ``Occupant 
mass,'' CS 31HA.43(d), ``Fitting factor,'' CS 31HA.561(a) and (b)(1), 
``Emergency landing conditions--General,'' and CS 31HA.785(a), (c), and 
(d), ``Seats and seat belts'' to the CV-08 basket. The FAA finds that 
these standards are appropriate for a seated, restrained occupant.
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    \2\ Ref EASA Proposed Special Condition, ``Seats and seat belts 
for hot air balloons,'' Issue 1, dated October 3, 2014.
    \3\ LFHLLS (Luftt[uuml]chtigkeitsforderungen f[uuml]r Heissluft-
Luftschiffe)--Airworthiness Requirements for Hot Air Ships, issued 
November 13, 1997, amended March 10, 1998, Germany.
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Applicability

    As discussed above, these special conditions are applicable to the 
Model 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, and V-
105 balloons. Should Ultramagic 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 FAA would apply these special 
conditions to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on the balloon models specified in these special conditions. 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 airplane. 
These proposed special conditions are identical in intent to the EASA 
special conditions, although the formatting has been altered to meet 
these special condition requirements.

List of Subjects in 14 CFR Part 23

    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 FAA proposes the following special conditions as 
part of the type certification basis for Ultramagic S.A. Model 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, and V-105 balloons 
with a basket Model no. CV-08.

1. Hot Air Balloon Crashworthiness Requirements for Seat Installations 
and Restraints for Seated and Restrained Occupants

a. Occupant Mass

    For calculation purposes, it should be assumed the mass of an 
occupant is at least 86 kilograms (190 pounds).

b. Seats, Safety Belts, and Harnesses Factor of Safety

    For each seat, safety belt, and harness, its attachment to the 
structure must be shown, by analysis, tests, or both, to be able to 
withstand the inertia forces prescribed in paragraph (c) of these 
special conditions multiplied by a fitting factor of 1.33.

c. Emergency Landing Conditions--General

    The balloon--although it may be damaged under emergency landing 
conditions--must be designed to give each occupant every reasonable 
chance of avoiding serious injury in a crash landing--when seat belts 
provided for in the design are properly used--and the occupant is 
subject to the following ultimate inertia forces acting relative to the 
surrounding structure as well as independently of each other.

(1) Forward 6g
(2) Sideways 6g
(3) Downward 6g

d. Seats and Seatbelts

    (1) Each seat and its supporting structure must be designed for an 
occupant mass in accordance paragraph (a) of these special conditions 
and for the maximum load factors corresponding to the specified flight 
and ground load conditions, including the emergency landing conditions 
prescribed in paragraph (c) of these special conditions.
    (2) Each seat or berth shall be fitted with an individual approved 
seat belt or harness.
    (3) Seat belts installed on the balloon must not fail under flight 
or ground load conditions or emergency landing conditions in accordance 
with paragraph (c) of these special conditions, taking into account the 
geometrical arrangement of the belt attachment and the seat.

    Issued in Kansas City, Missouri, on June 15, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2018-13499 Filed 6-22-18; 8:45 am]
 BILLING CODE 4910-13-P