[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Rules and Regulations]
[Pages 59440-59442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18700]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1806; Project Identifier MCAI-2023-00934-Q; 
Amendment 39-22535; AD 2023-17-09]
RIN 2120-AA64


Airworthiness Directives; Cameron Balloons Ltd. Fuel Cylinders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-13-
03, which applied to a certain Cameron Balloons Ltd. (Cameron) fuel 
cylinder installed on hot air balloons. AD 2022-13-03 required removing 
any installed fuel cylinder part number (P/N) CB2990 (Alugas) from 
service before further flight. Since the FAA issued AD 2022-13-03, the 
fuel cylinder part number has been identified as CB2990/A instead of 
CB2990 (Alugas). This AD requires removing any installed fuel cylinders 
P/N CB2990/A from service before further flight. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective September 13, 2023.
    The FAA must receive comments on this AD by October 13, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1806; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
     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: 
cameronballoons.co.uk">technical@cameronballoons.co.uk; website: cameronballoons.co.uk. You 
may view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust Street, Kansas City, MO 
64106. For information on the availability of this material at the FAA, 
call (817) 222-5110. It is also available at regulations.gov under 
Docket No. FAA-2023-1806.

FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206) 
231-2346; email: [email protected].

SUPPLEMENTARY INFORMATION:

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-2023-1806; Project Identifier MCAI-
2023-00934-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 
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

[[Page 59441]]

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 Fred 
Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2022-13-03, Amendment 39-22089 (87 FR 36053, June 
15, 2022) (AD 2022-13-03), for a certain Cameron fuel cylinder 
installed on hot air balloons. AD 2022-13-03 was prompted by MCAI 
originated by the Civil Aviation Authority (CAA), which is the 
airworthiness authority for the United Kingdom (UK). The UK CAA issued 
Emergency AD G-2022-0010-E, dated May 12, 2022, to correct an unsafe 
condition identified as cracks in the weld between the cylinder valve 
plate and the upper dished end of Cameron fuel cylinder part number (P/
N) CB2990 (Alugas). AD 2022-13-03 required removing any installed fuel 
cylinder P/N CB2990 (Alugas) from service before further flight. The 
FAA issued AD 2022-13-03 to prevent uncontrolled fuel leakage of liquid 
propane. The unsafe condition, if not addressed, could lead to fire or 
explosion and consequent emergency landing.

Actions Since AD 2022-13-03 Was Issued

    Since the FAA issued AD 2022-13-03, the UK CAA superseded Emergency 
AD G-2022-0010-E, dated May 12, 2022, and issued UK CAA Emergency AD G-
2023-0005-E, dated July 31, 2023, (referred to after this as ``the 
MCAI''). The MCAI identifies the fuel cylinder part number as CB2990/A 
instead of CB2990 (Alugas), references a re-design of the fuel cylinder 
to P/N CB2990-B, and requires removing fuel cylinder P/N CB2990/A from 
service.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1806.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 referenced above. The FAA is issuing this AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of the same type design.

AD Requirements

    This AD retains no requirements of AD 2022-13-13. This AD requires, 
before further flight, removing any installed fuel cylinder P/N CB2990/
A from service.

Differences 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 emptying the removed fuel cylinder, 
this AD does not require this action. While this action is encouraged 
for the general 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.

Justification for Immediate Adoption 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 forgoing 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 forgo notice and 
comment.

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

[[Page 59442]]

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:

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:
0
a. Removing Airworthiness Directive 2022-13-03, Amendment 39-22089 (87 
FR 36053, June 15, 2022); and
0
b. Adding the following new airworthiness directive:

2023-17-09 Cameron Balloons Ltd.: Amendment 39-22535; Docket No. 
FAA-2023-1806; Project Identifier MCAI-2023-00934-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective September 13, 
2023.

(b) Affected ADs

    This AD replaces AD 2022-13-03, Amendment 39-22089 (87 FR 36053, 
June 15, 2022).

(c) Applicability

    (1) This AD applies to hot air balloons, certificated in any 
category, equipped with a Cameron Balloons Ltd. fuel cylinder part 
number (P/N) CB2990/A (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 cracks in the weld between the cylinder 
valve plate and the upper dished end of Cameron Balloons Ltd. fuel 
cylinder P/N CB2990/A. 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) Required 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 2, dated June 2023, contains information related to 
this AD, including reference to a replacement fuel cylinder P/N 
CB2990-B.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    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 International Validation Branch, send 
it to the attention of the person identified in paragraph (j)(2) of 
this AD and email to: [email protected]. If mailing 
information, also submit information by email. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office.

(j) Additional Information

    (1) Refer to United Kingdom (UK) Civil Aviation Authority (CAA) 
Emergency AD G-2023-0005-E, dated July 31, 2023, for related 
information. This UK CAA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2023-1806.
    (2) For more information about this AD, contact Fred Guerin, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (206) 231-2346; email: 
[email protected].
    (3) For service information identified in this AD that is not 
incorporated by reference, contact Cameron Balloons Ltd., St Johns 
Street, Bedminster, Bristol, BS3 4NH, United Kingdom; phone: +44 0 
117 9637216; email: cameronballoons.co.uk">technical@cameronballoons.co.uk; website: 
cameronballoons.co.uk.

(k) Material Incorporated by Reference

    None.

    Issued on August 24, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18700 Filed 8-25-23; 11:15 am]
BILLING CODE 4910-13-P