[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Rules and Regulations]
[Pages 36053-36055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12969]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / 
Rules and Regulations  

[[Page 36053]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0683; Project Identifier MCAI-2022-00631-Q; 
Amendment 39-22089; AD 2022-13-03]
RIN 2120-AA64


Airworthiness Directives; Cameron Balloons Ltd. Fuel Cylinders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Cameron Balloons Ltd. (Cameron) fuel cylinders installed on hot 
air balloons. This AD results from mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as cracks in the weld 
between the cylinder valve plate and the upper dished end of Cameron 
part number (P/N) CB2990 (Alugas) fuel cylinders, which could allow 
uncontrolled fuel leakage of liquid propane. This AD requires the 
removal of any installed P/N CB2990 (Alugas) fuel cylinder from service 
before further flight. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective June 30, 2022.
    The FAA must receive comments on this AD by August 1, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Cameron Balloons Ltd., St Johns Street, Bedminster, Bristol, BS3 4NH, 
United Kingdom; phone: +44 0 117 9637216; email: 
[email protected]; website: www.cameronballoons.co.uk. 
You may view this service information at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0683; 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 final rule, the 
MCAI, any comments received, and other information. The street address 
for the Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer, 
FAA, General Aviation & Rotorcraft Section, International Validation 
Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4144; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for the United Kingdom (UK), has issued CAA Emergency AD G-
2022-0010-E, dated May 12, 2022 (referred to after this as ``the 
MCAI''), to address an unsafe condition for certain Cameron fuel 
cylinders. The MCAI states:

    Five CB2990 (Alugas) cylinders have developed cracks in the weld 
between the cylinder valve plate and the upper dished end. These 
cracks allow the release of propane from the cylinder. Failures have 
been observed during periodic inspection (hydraulic pressure test) 
and leak test. All the in-service failures seen to date have been 
from the batch of cylinders with serial numbers starting OC.
    It is likely that other CB2990 cylinders may develop similar 
failures in service.
    To address this potential unsafe condition this [UK CAA 
Emergency AD] * * * is issued to temporarily withdraw all CB2990 
(Alugas) cylinders from service pending investigation of these 
failures.
    Cameron Balloons are working urgently with the original 
fabricator to determine the cause and scope of these failures.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0683.
    This condition, if not addressed, could lead to fire or explosion 
and consequent emergency landing. The FAA is issuing this AD to address 
the unsafe condition on these products.

Related Service Information

    The FAA reviewed Cameron Balloons Alert Service Bulletin No. 33, 
Revision 0, dated May 4, 2022, which specifies procedures for checking 
the interface between the cylinder valve plate and the upper dished end 
of fuel cylinders having P/N CB2990 (Alugas) using leak detector fluid 
and emptying the fuel.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this AD after 
determining the unsafe condition is likely to exist or develop in other 
products of the same type design.

AD Requirements

    This AD requires, before further flight, removal from service of 
any installed P/N CB2990 (Alugas) fuel cylinder.

Difference Between This AD and the MCAI

    The MCAI applies to hot air balloons and certain airships. This AD 
only applies to hot air balloons because the airships identified in the 
MCAI do not have an FAA type certificate.
    Although the MCAI specifies inspecting the fuel cylinders for leaks 
and emptying the fuel, this AD does not require those actions. While 
those actions are encouraged for the general

[[Page 36054]]

safety related to the leakage of liquid propane from these fuel 
cylinders once they have been removed from the balloon, those actions 
are not required to address the unsafe condition identified in this AD.

Interim Action

    The FAA considers this AD to be an interim action. If additional 
data is received by the UK CAA enabling the development of an 
inspection of the affected fuel cylinders, the FAA may take further 
rulemaking action.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because a liquid propane leak on the fuel cylinder could lead to an in-
flight fire or explosion, damaging the hot air balloon and leading to a 
forced emergency landing, which could injure balloon occupants and 
persons on the ground. Additionally, the corrective actions must be 
accomplished before further flight. Accordingly, notice and opportunity 
for prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0683 and Project Identifier 
MCAI-2022-00631-Q'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Mike 
Kiesov, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, Kansas 
City, MO 64106. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 696 fuel cylinders installed 
on hot air balloons worldwide. The FAA has no way of knowing the number 
of hot air balloons of U.S. Registry that may have an affected fuel 
cylinder installed. The estimated cost on U.S. operators reflects the 
maximum possible cost based on fuel cylinders worldwide. The average 
labor rate is $85 per work-hour.
    The FAA estimates that removing the affected fuel cylinder will 
take 1 work-hour costing $85, for a cost of up to $59,160 for the U.S. 
fleet. The FAA estimates that installing a non-affected fuel cylinder 
will take 1 work-hour costing $85 and will cost $3,200 per fuel 
cylinder, for a cost of up to $2,286,360 for the U.S. fleet.

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.
    The FAA is 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

[[Page 36055]]

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:

2022-13-03 Cameron Balloons Ltd.: Amendment 39-22089; Docket No. 
FAA-2022-0683; Project Identifier MCAI-2022-00631-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective June 30, 2022.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to hot air balloons, certificated in any 
category, equipped with a Cameron Balloons Ltd. part number (P/N) 
CB2990 (Alugas) fuel cylinder (the affected fuel cylinder).
    (2) The affected fuel cylinder may be installed on hot air 
balloon models including, but not limited to, those of the following 
design approval holders:
    (i) Aerostar International, Inc.;
    (ii) Ballonbau Worner GmbH;
    (iii) Bal[oacute]ny Kub[iacute][ccaron]ek spol. s.r.o.;
    (iv) Cameron Balloons Ltd.;
    (v) Eagle Balloons Corp.;
    (vi) JR Aerosports, Ltd. (type certificate previously held by 
Sundance Balloons (US));
    (vii) Lindstrand Balloons Ltd.; and
    (viii) Michael D. McGrath (type certificate subsequently 
transferred to Andrew Philip Richardson, Adams Aerostats LLC).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2810, Fuel Storage.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as cracks in the 
weld between the cylinder valve plate and the upper dished end of 
Cameron Balloons Ltd. P/N CB2990 (Alugas) fuel cylinders. The FAA is 
issuing this AD to prevent uncontrolled fuel leakage of liquid 
propane. The unsafe condition, if not addressed, could lead to fire 
or explosion and consequent emergency landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Actions

    Before further flight after the effective date of this AD, 
remove the affected fuel cylinder from service.
    Note 1 to paragraph (g): Cameron Balloons Alert Service Bulletin 
No. 33, Revision 0, dated May 4, 2022, provides procedures for doing 
a leak check and emptying fuel from the Cameron P/N CB2990 (Alugas) 
fuel cylinder to render it safe for storage following the removal 
from service. These actions are not required by this AD.

(h) Special Flight Permit

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in paragraph (j)(1) of this AD 
and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact Mike Kiesov, 
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, 
Kansas City, MO 64106; phone: (816) 329-4144; email: 
[email protected].
    (2) Refer to United Kingdom (UK) Civil Aviation Authority (CAA) 
Emergency AD G-2022-0010-E, dated May 12, 2022, for more 
information. You may examine the UK CAA AD in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0683.
    (3) For service information identified in this AD that is not 
incorporated by reference, contact Camron Balloons Ltd., St John 
Street, Bedminster, Bristol, BS3 4NH, United Kingdom; phone: +44 0 
117 9637216; email: [email protected]; website: 
www.cameronballoons.co.uk.

(k) Material Incorporated by Reference

    None.

    Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-12969 Filed 6-13-22; 11:15 am]
BILLING CODE 4910-13-P