[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Rules and Regulations]
[Pages 44815-44816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18990]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 171 / Tuesday, September 4, 2018 / 
Rules and Regulations  

[[Page 44815]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0754; Product Identifier 2018-CE-028-AD; Amendment 
39-19365; AD 2018-17-11]
RIN 2120-AA64


Airworthiness Directives; Linstrandt Propane Cylinders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Linstrandt T30 propane cylinders installed on hot air balloons. This AD 
results 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. The MCAI describes 
the unsafe condition as welding defects on the propane cylinder that 
could result in leaking of liquid propane. We are issuing this AD to 
require actions to address the unsafe condition on these products.

DATES: This AD is effective September 24, 2018.
    We must receive comments on this AD by October 19, 2018.

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.

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-2018-
0754; or in person at Docket Operations 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 Docket Operations (telephone (800) 
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No. 2018-0107, dated May 15, 2018, corrected on May 22, 2018 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    A review of cylinder production records has shown that the 
affected cylinders have unacceptable welding defects.
    This condition, if not detected and corrected, could result in 
an uncontrolled release of liquid propane and consequent fire or 
explosion, with consequent injury to balloon occupants and persons 
on the ground.
    To address this potential unsafe condition, Cameron Balloons 
Limited issued the SB, providing instructions to remove the affected 
cylinders from service.
    For the reasons described above, this [EASA] AD requires 
replacement of the affected cylinders with serviceable parts.
    This [EASA] AD is re-published to correct the list of TCDS 
numbers. The TCDS EASA.SAS.BA.001 was erroneously introduced, and 
has been removed, as it is not for a hot air balloon.

You may examine the MCAI on the internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2018-0754.

FAA's Determination and Requirements of the 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. We are 
issuing this AD because we evaluated all information provided by the 
State of Design Authority and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

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 
replacement of the propane cylinders is required within 30 days. 
Therefore, we find good cause that notice and opportunity for prior 
public comment are impracticable. In addition, for the reason stated 
above, we find that good cause exists for making this amendment 
effective in less 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-2018-0754; Product 
Identifier 2018-CE-028-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.

[[Page 44816]]

Costs of Compliance

    We estimate that this AD will affect 10 propane cylinders. We also 
estimate that it would take about 2 work-hours to replace a cylinder, 
at an average labor rate of $85 per work-hour, and required parts would 
cost about $3,000 per product. Based on these figures, we estimate a 
total cost of $3,170 per balloon.
    We know the unsafe condition affects 10 propane cylinders 
worldwide; however, we have no way of knowing the number of hot air 
balloons on the U.S. Registry that may have an affected propane 
cylinder installed. As such, we have no way of estimating the potential 
costs of compliance on U.S. operators.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

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 adding the following new airworthiness 
directive (AD):

2018-17-11 Linstrandt Propane Cylinders: Amendment 39-19365; Docket 
No. FAA-2018-0754; Product Identifier 2018-CE-028-AD.

(a) Effective Date

    This AD becomes effective September 24, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Linstrandt T30 part number (P/N) CY050001 
propane cylinders, serial numbers (S/N) 0227/0158, 0316/-, 0321/-, 
0322/0150, 0446/0152, 0534/0145, 0539/-, 0543/0154, 0626/0153, and 
0638/0151; installed on hot air balloons.

(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 welding defects 
on the propane cylinders that could result in leaking of liquid 
propane. We are issuing this AD to prevent leaking of liquid propane 
that could lead to fire or explosion.

 (f) Actions and Compliance

    (1) If any hot air balloon has an affected P/N and serial number 
propane cylinder, as listed in paragraph (c) of this AD, within 30 
days after September 24, 2018 (the effective date of this AD), 
remove from service Linstrandt T30 propane cylinder P/N CY050001 and 
replace with a propane cylinder that is not listed in paragraph (c) 
of this AD.
    (2) After September 24, 2018 (the effective date of this AD), do 
not install on any hot air balloon a propane cylinder listed in 
paragraph (c) of this AD.

(g) Other FAA AD Provisions

    The following provision also applies to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Small Airplane Standards Branch, 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: Mike Kiesov, Aerospace Engineer, 
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4144; 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) Reserved.

(h) Related Information

    Refer to MCAI EASA AD No. 2018-0107, dated May 15, 2018, 
corrected on May 22, 2018, for related information. You may examine 
the MCAI on the internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2018-0754.

(i) Material Incorporated by Reference

    None.

    Issued in Kansas City, Missouri, on August 10, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2018-18990 Filed 8-31-18; 8:45 am]
 BILLING CODE 4910-13-P