[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Proposed Rules]
[Pages 64763-64765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26064]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 /
Proposed Rules
[[Page 64763]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1134; Directorate Identifier 2012-CE-034-AD]
RIN 2120-AA64
Airworthiness Directives; Lindstrand Hot Air Balloons Ltd
Appliances
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Lindstrand Hot Air Balloons Ltd female ACME threaded hose
connectors, part numbers HS6139 and HS6144, installed on balloons. This
proposed 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 describes the unsafe condition as insufficient tightness of the
threaded hose connector in the assembly area that could result in fuel
leakage. We are issuing this proposed AD to require actions to address
the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by December 7,
2012.
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.
For service information identified in this proposed AD, contact
Lindstrand Hot Air Balloons Ltd., Maesbury Road, Oswestry, Shropshire
SY10 8ZZ, The United Kingdom; telephone: +44 (0) 1691-671717; fax: +44
(0) 1691-671122; email: [email protected]; Internet: http://www.lindstrand.co.uk/. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call (816) 329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1134;
Directorate Identifier 2012-CE-034-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
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.: 2012-0142R1, dated September 14, 2012 (referred to after this
as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
Three incidents were reported where the female ACME threaded
connectors (Rego type) was leaking when connected to the gas
cylinder with the cylinder valve turned on.
The results of the technical investigations revealed the
possibility that other similar connectors produced between 01
January 2011 and 01 September 2011 might not have been assembled
with sufficient tightness. A list of potentially affected connectors
has been drawn up Table 1 of this AD. A list of burners and
manifolds on which it is already known that an affected connector
has been installed is provided in Table 2 of this AD.
This condition, if not detected and corrected, could result, in
case of an ignition source, in a fire hazard that could damage the
balloon and its envelope, ultimately leading to a forced emergency
landing, during which balloon occupants and persons on the ground
could be injured.
To address this potential unsafe condition, Lindstrand Hot Air
Balloons Ltd. (who manufactured the hose assemblies) issued Service
Bulletin (SB) N[deg]12, which, for the affected parts, requires
accomplishment of an inspection of the female ACME thread hose
connectors.
For the reasons described above, EASA issued AD 2012-0142, to
require an inspection of the female ACME thread hose connectors for
leakage, and, depending on findings, to re-torque the connectors
using correct values.
Since that AD was issued, it has been determined that the pilot-
owner of the balloon can accomplish the inspection of the affected
parts to identify the leak. In addition, the risk assessment has
been reconsidered, which has led to the conclusion that the
compliance time for the inspection can be extended to 60 days after
the effective date of the date at original issue. Similarly, as most
of the parts have now been inspected and, depending on findings,
corrected, it was possible to delete paragraph (3) from the AD,
dealing with spare parts.
You may obtain further information by examining the MCAI in the AD
docket.
Although the European Aviation Safety Agency (EASA) MCAI allows the
pilot-owner to do the inspection and
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correction required in paragraphs (f)(1), (f)(2), and (f)(3) of this
AD, the U.S. regulatory system requires all actions of this AD be done
by a certified mechanic.
Relevant Service Information
Lindstrand Hot Air Balloons Ltd has issued Service Bulletin No. 12,
Issue 2, dated May 10, 2012. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.
FAA's Determination and Requirements of the Proposed 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 and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Costs of Compliance
We estimate that this proposed AD will affect 2,170 products of
U.S. registry. We also estimate that it would take about .5 work-hour
per product to comply with the basic requirements of this proposed AD.
The average labor rate is $42.50 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $92,225, or $42.50 per product.
In addition, we estimate that any necessary follow-on actions would
take about .5 work-hour. We have no way of determining the number of
products that may need these actions.
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.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Lindstrand Hot Air Balloons LTD: Docket No. FAA-2012-1134;
Directorate Identifier 2012-CE-034-AD.
(a) Comments Due Date
We must receive comments by December 7, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all hot air balloons, certificated in any
category, equipped with Lindstrand Hot Air Balloons Ltd female ACME
threaded hose connectors, part numbers (P/Ns) HS6139 and HS6144, all
serial numbers.
(d) Subject
Air Transport Association of America (ATA) Code 14: Hardware.
(e) Reason
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 describes the unsafe condition as insufficient
tightness of the threaded hose connector in the assembly area that
could result in fuel leakage. We are issuing this AD to detect and
correct insufficient tightness of the threaded hose connector in the
assembly area. This condition, if not corrected, could result in
fuel leakage and lead to an inflight fire.
(f) Actions and Compliance
Unless already done, do the following actions:
(1) Within the next 60 days after the effective date of this AD,
inspect the female ACME threaded hose connectors, (P/Ns) HS6139 and
HS6144, for leaking in accordance with the instructions of
Lindstrand Hot Air Balloons Ltd Service Bulletin No. 12, dated May
10, 2012.
(2) If fuel leakage is detected in the inspection required in
paragraph (f)(1) of this AD, before further flight, tighten the
threaded hose connector to the correct torque following Lindstrand
Hot Air Balloons Ltd Service Bulletin No. 12, dated May 10, 2012.
(3) If, after the effective date of this AD, you install on any
balloon an ACME threaded hose connector, (P/Ns) HS6139 or HS6144,
manufactured by Lindstrand Hot Air Balloons Ltd. and supplied as a
spare part between January 1, 2011, and September 1, 2011, before
further flight, you must comply with the actions of this AD.
(4) Although the European Aviation Safety Agency (EASA) MCAI
allows the pilot-owner to do the inspection and correction required
in paragraphs (f)(1), (f)(2), and (f)(3) of this AD, the U.S.
regulatory system requires all actions of this AD be done by a
certified mechanic.
(g) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Taylor Martin, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4138; 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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of
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Design Authority (or their delegated agent). You are required to
assure the product is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(h) Related Information
Refer to MCAI European Aviation Safety Agency AD 12-053, dated
May 25, 2012; and Lindstrand Hot Air Balloons Ltd Service Bulletin
No. 12, dated May 10, 2012, for related information. For service
information related to this AD, contact Lindstrand Hot Air Balloons
Ltd., Maesbury Road, Oswestry, Shropshire SY10 8ZZ, The United
Kingdom; telephone: +44 (0) 1691-671717; fax: +44 (0) 1691-671122;
email: [email protected]; Internet: http://www.lindstrand.co.uk/. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call (816) 329-4148.
Issued in Kansas City, Missouri, on October 17, 2012.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-26064 Filed 10-22-12; 8:45 am]
BILLING CODE 4910-13-P