[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Rules and Regulations]
[Pages 53481-53483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14072]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 124 / Thursday, June 27, 2024 / Rules 
and Regulations  

[[Page 53481]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1700; Project Identifier MCAI-2024-00266-B; 
Amendment 39-22777; AD 2024-13-03]
RIN 2120-AA64


Airworthiness Directives; Lindstrand Balloons Ltd. Hot Air 
Balloons

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Lindstrand Balloons Ltd. Model 42A, 56A, 60A, 69A, 77A, 90A, 
105A, 120A, 150A, 180A, 210A, 240A, 260A, 310A, 69B, 77B, 90B, 105B, 
and Drinks Can hot air balloons. This AD was prompted by a report of 
degraded polyester filled Aramid (Kevlar) load tapes where the Kevlar 
core was exposed to ultraviolet light, which could compromise the 
residual strength of the tapes and the structural integrity of the hot 
air balloon envelope. This AD requires repetitively checking the hot 
air balloon envelope for damage (degraded, stretched, or frayed load 
tapes or exposed Kevlar core) and removing any damaged hot air balloon 
envelope from service. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective July 12, 2024.
    The FAA must receive comments on this AD by August 12, 2024.

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-2024-1700; 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 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-2024-1700; Project Identifier MCAI-
2024-00266-B'' 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 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 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 Civil Aviation Authority (CAA), which is the aviation authority 
for the United Kingdom (UK), has issued UK CAA Emergency AD G-2024-
0001-E, dated April 30, 2024 (also referred to as the MCAI), to correct 
an unsafe condition on all Lindstrand Technologies Limited hot air 
balloon envelopes with a date of manufacture after March 2017 fitted 
with polyester filled Aramid (Kevlar) load tapes. The MCAI states that 
during a 100-hour annual inspection of a hot air balloon envelope it 
was discovered that the polyester filled Aramid (Kevlar) load tapes 
were degraded due to ultraviolet exposure. Both horizontal and vertical 
load tapes were affected and there was significant distortion to the 
horizontal load tapes. In addition, in the area where the load tapes 
loop around the crown ring, the polyester failed completely and exposed 
the Kevlar core. The Aramid (Kevlar) load tapes were also stretched and 
frayed. The unsafe condition, if not addressed, could compromise the 
residual strength of the load tapes and the structural integrity of the 
hot air balloon envelope with consequent loss of control of the hot air 
balloon. To address the unsafe condition, the MCAI requires doing a 
visual inspection to determine the date of manufacture of the hot air 
balloon envelope, and if it is fitted with polyester filled Aramid 
(Kevlar) load tapes before further flight. If these are found, a 100-
percent visual inspection for damage of the polyester filled Aramid 
(Kevlar) load tapes is required. If no damage is found, operators are 
required to amend the aircraft

[[Page 53482]]

maintenance program to include a 100-percent visual inspection of both 
the horizontal and vertical load tapes before each flight. If damage is 
found, no further flight is permitted until the damage is rectified.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1700.

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 requires repetitively checking the hot air balloon envelope 
for damage and removing any damaged hot air balloon envelope from 
service. The check required in this AD may be performed by the owner/
operator (pilot) holding at least a private pilot certificate and must 
be entered into the hot air balloon records showing compliance with 
this AD in accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v). 
The record must be maintained as required by 14 CFR 91.417, 121.380, or 
135.439. The pilot may perform this check because it only involves 
visually checking the envelope for damage and can be equally performed 
by a pilot or mechanic. This is an exception to the FAA's standard 
maintenance regulations.

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 damage to polyester filled Aramid (Kevlar) load tapes degrades 
the residual strength of the load tapes and the structural integrity of 
the hot air balloon envelope, damaging the hot air balloon and leading 
to a forced emergency landing, which could injure balloon occupants and 
persons on the ground. Because this condition can develop quickly and 
can only be detected through a visual check, immediate action must be 
done 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.

Differences Between This AD and the MCAI

    The MCAI identifies the design approval holder (DAH) as Lindstrand 
Technologies Limited, which is the DAH identified on the UK CAA type 
certificate. This AD identifies the DAH as Lindstrand Balloons Ltd. 
since this is on the FAA type certificate.
    The MCAI requires operators to amend the aircraft maintenance 
program to include a 100-percent visual inspection of both the 
horizontal and vertical load tapes before each flight if no damage is 
found. This AD does not require the amendment to the maintenance 
program as these before-each-flight checks are required by this AD.

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 the 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 277 hot air balloons of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                     Parts
            Action                  Labor cost       cost        Cost per product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Check Aramid (Kevlar) load      2 work-hours x           $0  $170 (Per check cycle)..  $47,090 (Per check
 tapes for damage.               $85 per hour =                                         cycle).
                                 $170 (Per check
                                 cycle).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary action 
that would be required based on the results of the check. The agency 
has no way of determining the number of hot air balloons that might 
need this action:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Install a hot air balloon envelope............  0 work-hours x $85 per hour = $0         $20,000         $20,000
----------------------------------------------------------------------------------------------------------------

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.

[[Page 53483]]

    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:

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:

2024-13-03 Lindstrand Balloons Ltd.: Amendment 39-22777; Docket No. 
FAA-2024-1700; Project Identifier MCAI-2024-00266-B.

(a) Effective Date

    This airworthiness directive (AD) is effective July 12, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Lindstrand Balloons Ltd. Model 42A, 56A, 60A, 
69A, 77A, 90A, 105A, 120A, 150A, 180A, 210A, 240A, 260A, 310A, 69B, 
77B, 90B, 105B, and Drinks Can hot air balloons, certificated in any 
category, having a date of manufacture after March 2017 and fitted 
with Aramid (Kevlar) load tapes.
    Note 1 to paragraph (c): United Kingdom Civil Aviation Authority 
(UK CAA) Emergency AD G-2024-0001-E, dated April 30, 2024, includes 
figures that aid in the identification of Aramid (Kevlar) load 
tapes.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5102, Balloon 
Reports.

(e) Unsafe Condition

    This AD was prompted by a report of degraded polyester filled 
Aramid (Kevlar) load tapes on a hot air balloon envelope where the 
Kevlar core was exposed to ultraviolet light. The FAA is issuing 
this AD to address the unsafe condition. The unsafe condition, if 
not addressed, could compromise the residual strength of the load 
tapes and the structural integrity of the hot air balloon envelope, 
with consequent loss of control of the hot air balloon.

(f) Compliance

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

(g) Required Actions

    (1) Before each flight, do a visual check of the hot air balloon 
envelope Aramid (Kevlar) load tapes for damage (degraded, stretched, 
or frayed load tapes or an exposed Kevlar core).
    (2) If damage is found during any check required by paragraph 
(g)(1) of this AD, before further flight, remove the hot air balloon 
envelope from service.
    (3) The visual checks required by paragraph (g)(1) of this AD 
may be performed by the owner/operator (pilot) holding at least a 
private pilot certificate and must be entered into the aircraft 
records showing compliance with this AD in accordance with 14 CFR 
43.9(a) and 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.

(h) 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 (i)(1) 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.

(i) Additional Information

    (1) 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].
    (2) For material identified in this AD that is not incorporated 
by reference, contact UK CAA, Aviation House, Beehive Ring Road, 
Crawley, West Sussex, RH6 0YR; phone: (+44) 0330 022 1500; email: 
caa.co.uk">enquiries@caa.co.uk; website: caa.co.uk.

(j) Material Incorporated by Reference

    None.

    Issued on June 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-14072 Filed 6-24-24; 11:15 am]
BILLING CODE 4910-13-P