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[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Proposed Rules]
[Pages 64763-64765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26064]

========================================================================
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.

========================================================================


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).

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

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: simon@lindstrand.co.uk; 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: 
taylor.martin@faa.gov.

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

[[Page 64764]]

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: 
taylor.martin@faa.gov. 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

[[Page 64765]]

    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: simon@lindstrand.co.uk; 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
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