59440 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 

2 5 U.S.C. 553(d). 

3 5 U.S.C. 553(b). 

4 5 U.S.C. 603(a), 604(a). 

2. Receipt-less Facial Kiosks (RFK) 

(modified legacy kiosks that send an 

electronic record to a CBP officer); 

3. Global Entry Portals (Wi-Fi enabled 

mobile processing units with a screen 

and camera); and 

4. the Global Entry Mobile application 

or any successor technology for 

processing Global Entry members at 

ports of entry. 

III. Effective Date 

Because this rule is solely 

interpretive, it is not subject to the 30- 

day delayed effective date for 

substantive rules under section 553(d) 

of the Administrative Procedure Act.2

Therefore, this rule is effective on 

August 29, 2023, the same date that it 

is published in the Federal Register. 

Regulatory Analysis 

Executive Orders 12866, 13563, and 

14094 direct agencies to assess the costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule is 

not a ‘‘significant regulatory action,’’ 

under section 3(f) of Executive Order 

12866. Accordingly, OMB has not 

reviewed this regulation. 

This rule merely explains to the 

public how CBP interprets a certain 

term used in an existing regulation, 8 

CFR 235.12. This rule imposes no new 

requirements on the public and simply 

clarifies its interpretation of a kiosk to 

include other forms of technology, 

broadening the public’s processing 

options. As such, there are no costs to 

this interpretive rule. To the extent that 

this rule results in processing time 

savings for the public, there may be 

some unquantified benefits to this 

interpretive change. 

As an interpretive rule, this rule is 

exempt from the notice-and-comment 

rulemaking requirements of the 

Administrative Procedure Act.3 Because 

no notice of proposed rulemaking is 

required, analysis under the Regulatory 

Flexibility Act is not required.4

An agency may not conduct or 

sponsor, and an individual is not 

required to respond to a collection of 

information unless it displays a valid 

OMB control number. This collection of 

information has been approved by the 

Office of Management and Budget 

(OMB) in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507) and assigned OMB control 

number 1651–0121. 

Alejandro N. Mayorkas, 

Secretary of Homeland Security. 

[FR Doc. 2023–18581 Filed 8–28–23; 8:45 am] 

BILLING CODE 9111–14–P 

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. 

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: 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: fred.guerin@faa.gov. 

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 


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Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 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 inflight 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 workhour. 

The FAA estimates that removing the 

affected fuel cylinder will take 1 workhour 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 


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59442 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

2022–13–03, Amendment 39–22089 (87 

FR 36053, June 15, 2022); and 

■ 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) Balo ́ny Kubı ́cˇek 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: 9-AVS-AIR-730-AMOC@faa.gov. 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: fred.guerin@faa.gov. 

(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: 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1491; Project 

Identifier MCAI–2022–01644–T; Amendment 

39–22505; AD 2023–14–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2022–10– 

08, which applied to certain Airbus SAS 

Model A320–214, –251N, and –271N 

airplanes. AD 2022–10–08 required a 

one-time detailed inspection of the 

affected passenger seats and corrective 

actions if necessary. Since the FAA 

issued AD 2022–10–08, it was 

determined that additional passenger 

seats are affected. This AD continues to 

require the actions in AD 2022–10–08, 

and also requires inspecting additional 

affected passenger seats; as specified in 

a European Union Aviation Safety 

Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective September 

13, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 13, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of June 7, 2022 (87 FR 31129, 

May 23, 2022). 

The FAA must receive comments on 

this AD by October 13, 2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 


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