29472 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Proposed Rules 

Phytophthora ramorum inoculum. The 

method for this determination will be 

specified in the nursery’s compliance 

agreement with APHIS. 

(b) Nurseries in quarantined areas 

shipping non-host nursery stock 

interstate. Nurseries located in 

quarantined areas and that move nonhost nursery stock interstate must meet 

the requirements of this paragraph or 

the requirements of paragraph (a) of this 

section. If such nurseries contain any 

regulated or restricted articles, the 

nursery must meet the requirements of 

paragraph (a) of this section. This 

paragraph (b) only applies if there are 

no regulated or associated articles or 

nursery stock at the nursery. Nurseries 

that do not meet the requirements of 

paragraph (a) of this section or this 

paragraph (b) are prohibited from 

moving non-host nursery stock 

interstate. 

(1) Annual visual inspection. The 

nursery must be visually inspected 

annually for symptoms of Phytophthora 

ramorum. Inspections and 

determinations of freedom from 

evidence of Phytophthora ramorum 

infestation must occur at the time when 

the best expression of symptoms is 

anticipated. 

(2) Sampling. All plants showing 

symptoms of infection with 

Phytophthora ramorum upon inspection 

will be sampled and tested in 

accordance with § 301.92–12. If 

symptomatic plants are found upon 

inspection, the following plants must be 

withheld from interstate shipment until 

testing is completed and the nursery is 

found free of evidence of Phytophthora 

ramorum in accordance with this 

paragraph and § 301.92–12: All 

symptomatic plants, any plants located 

in the same lot as the suspect plant, and 

any plants located within 2 meters of 

this lot of plants. 

(3) Certification. If all plant samples 

tested in accordance with this section 

and § 301.92–12 return negative results 

for Phytophthora ramorum, or if an 

inspector at the nursery determines that 

plants in a nursery exhibit no signs of 

infection with Phytophthora ramorum, 

the inspector may certify that the 

nursery free of evidence of 

Phytophthora ramorum infestation at 

the time of inspection. Certification is 

valid for 1 year and must be renewed 

each year to continue shipping plants 

interstate. 

(c) Regulated establishments shipping 

regulated, restricted, or associated 

articles of interstate. (1) Inspections. To 

meet the conditions of § 301.92–5(b), the 

regulated establishment must be 

inspected at least twice annually for 

symptoms of Phytophthora ramorum 

infestation by an inspector. The 

inspection will focus on regulated 

plants and other potential sources of 

Phytophthora ramorum inoculum. 

(2) Sampling. Samples must be taken 

from host plants, soil, standing water, 

drainage water, water for irrigation, 

growing media, and any other articles 

determined by the inspector to be 

possible sources of Phytophthora 

ramorum inoculum. The number of 

samples taken may vary depending on 

the possible sources of inoculum 

identified at the nursery, as well as the 

number of host articles in the nursery. 

(3) Testing. Samples must be labeled 

and sent for testing to a laboratory 

approved by APHIS and must be tested 

using a test method approved by APHIS 

in accordance with § 301.92–12. 

(4) Negative results; certification. If all 

samples tested in accordance with this 

section and § 301.92–12 return negative 

results for Phytophthora ramorum, an 

inspector may certify that the nursery is 

free of Phytophthora ramorum at the 

time of the inspection. For purposes of 

§ 301.92–5(b), regulated, restricted, and 

associated articles at a certified nursery 

are considered free from Phytophthora 

ramorum until the time of the next 

inspection. 

(5) Positive results. If any samples 

tested in accordance with this section 

and § 301.92–12 return positive results 

for Phytophthora ramorum, the nursery 

may ship lots of regulated, restricted, 

and associated articles interstate 

pursuant to § 301.92–5(b) only if the lot 

is determined to be free from 

Phytophthora ramorum inoculum. The 

method for this determination will be 

specified in the nursery’s compliance 

agreement with APHIS. 

(Approved by the Office of Management and 

Budget under control number 0579–0310) 

§ 301.92–12 [Amended] 

■ 11. In § 301.92–12, paragraph (a) 

introductory text is amended by 

removing the words ‘‘prescreen plant 

samples’’ and adding the words 

‘‘prescreen samples’’ in their place. 

Done in Washington, DC, this 19th day of 

June 2018. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2018–13560 Filed 6–22–18; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 31 

[Docket No. FAA–2018–0566; Notice No. 31– 

18–01–SC] 

Special Conditions: Ultramagic S.A., 

Model M–56, M–56C, M–65, M–65C, M– 

77, M–77C, M–90, M–105, M–120, M– 

130, M–145, M–160, N–180, N–210, N– 

250, N–300, N–355, N–425, S–70, S–90, 

S–105, S–130, S–160, T–150, T–180, T– 

210, V–56, V–65, V–77, V–90, and V– 

105 Balloons; Balloon Passenger 

Basket, Model CV–08, Seat Installation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for Ultramagic S.A. Model 

M–56, M–56C, M–65, M–65C, M–77, M– 

77C, M–90, M–105, M–120, M–130, M– 

145, M–160, N–180, N–210, N–250, N– 

300, N–355, N–425, S–70, S–90, S–105, 

S–130, S–160, T–150, T–180, T–210, V– 

56, V–65, V–77, V–90, and V–105 

balloons. These balloons will have 

novel or unusual design features 

associated with a standard construction 

basket with a singular distribution that 

includes four occupant seats and a 

lower sidewall. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for these design features. These 

proposed special conditions contain the 

additional safety standards the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: Send your comments on or 

before August 9, 2018. 

ADDRESSES: Send comments identified 

by docket number FAA–2018–0566 

using any of the following methods: 

b Federal eRegulations Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

b Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

b Hand Delivery of Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m., and 5 p.m., Monday through 

Friday, except Federal holidays. 


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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Proposed Rules 29473 

1See http://rgl.faa.gov/. 

2Ref EASA Proposed Special Condition, ‘‘Seats 

and seat belts for hot air balloons,’’ Issue 1, dated 

October 3, 2014. 

3LFHLLS (Lufttu ̈ chtigkeitsforderungen fu ̈r 

Heissluft-Luftschiffe)—Airworthiness Requirements 

for Hot Air Ships, issued November 13, 1997, 

amended March 10, 1998, Germany. 

b Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://regulations.gov, including any 

personal information the commenter 

provides. Using the search function of 

the docket website, anyone can find and 

read the electronic form of all comments 

received into any FAA docket, 

including the name of the individual 

sending the comment (or signing the 

comment for an association, business, 

labor union, etc.). DOT’s complete 

Privacy Act Statement can be found in 

the Federal Register published on April 

11, 2000 (65 FR 19477–19478), as well 

as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m., and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Robert Stegeman, FAA, AIR–691, Policy 

& Innovation Division, Small Airplane 

Standards Branch, Aircraft Certification 

Service, 901 Locust; Kansas City, 

Missouri 64106; telephone (816) 329– 

4140; facsimile (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

Background 

On August 4, 2016, Ultramagic S.A. 

(Ultramagic) applied for a change to 

Type Certificate (TC) No. B02CE 1 to 

include new basket Model no. CV–08 

for balloon Models M–56, M–56C, M– 

65, M–65C, M–77, M–77C, M–90, M– 

105, M–120, M–130, M–145, M–160, N– 

180, N–210, N–250, N–300, N–355, N– 

425, S–70, S–90, S–105, S–130, S–160, 

T–150, T–180, T–210, V–56, V–65, V– 

77, V–90, and V–105. The CV–08 basket 

consists of a traditionally constructed 

basket, but incorporates seats with 

restraints and trays for all passengers, as 

well as a lower basket sidewall to offer 

a panoramic view for passengers. The 

CV–08 basket will be matched with one 

of the balloon envelopes associated with 

the balloon models listed in these 

special conditions. The volume of hot 

air, gores, maximum diameter, and total 

height defines the balloon envelope. 

Most balloon baskets accommodate 

standing passengers. The CV–08 differs 

by incorporating passenger seats, 

restraints, and a lower basket sidewall. 

Due to the lower sidewall and seat 

configuration, passengers would need to 

remain seated and restrained with safety 

belts during flight. This configuration 

should consider the static strength of 

the installations, the possible loads in 

an accident, and the effect on passenger 

safety. Accident impact should consider 

safety comparison between a restrained, 

sitting occupant; and a normal, standing 

occupant. Safety requirements for 

balloon-seated occupants are not 

included in the existing airworthiness 

regulations. These proposed special 

conditions evaluate the seat 

installations and restraints using 

methods consistent with special 

conditions issued by the European 

Aviation Safety Agency (EASA). The 

EASA special conditions are based upon 

a German standard for seats in hot air 

airships. 

Type Certification Basis 

Under the provisions of § 21.101, 

Ultramagic must show that the M–56, 

M–56C, M–65, M–65C, M–77, M–77C, 

M–90, M–105, M–120, M–130, M–145, 

M–160, N–180, N–210, N–250, N–300, 

N–355, N–425, S–70, S–90, S–105, S– 

130, S–160, T–150, T–180, T–210, V–56, 

V–65, V–77, V–90, and V–105 balloon 

models—coupled with the CV–08 

basket—continues to meet the 

applicable provisions of the regulations 

incorporated by reference in TC No. 

B02CE or the applicable regulations in 

effect on the date of application for the 

change. The regulations incorporated by 

reference in the type certificate are 

commonly referred to as the ‘‘original 

type certification basis.’’ The regulations 

incorporated by reference in TC No. 

B02CE are as follows: 

14 CFR 21.29 and part 31, effective on 

January, 1990, as amended by 31–1 

through 31–5 inclusive. 

Equivalent level of Safety findings per 

provision of 14 CFR 21.21(b)(1): 

ACE–08–15 of August 1, 2008, Burners, 

14 CFR 31.47(d) 

ACE–08–15A of November 05, 2013, 

Burners, 14 CFR 31.47(d), for Model 

S–70 

Special Conditions 31–001–SC 

applicable to MK–32 model burners. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 31) do not contain 

adequate or appropriate safety standards 

for the balloon models listed in these 

proposed special conditions because of 

a novel or unusual design feature, 

special conditions are prescribed under 

the provisions of § 21.16. 

Special conditions are initially 

applicable to the model(s) for which 

they are issued. Should the type 

certificate for that model be amended 

later to include any other model that 

incorporates the same or similar novel 

or unusual design feature, or should any 

other model already included on the 

same type certificate be modified to 

incorporate the same or similar novel or 

unusual design feature, the FAA would 

apply these special conditions to the 

other model under § 21.101. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

The M–56, M–56C, M–65, M–65C, M– 

77, M–77C, M–90, M–105, M–120, M– 

130, M–145, M–160, N–180, N–210, N– 

250, N–300, N–355, N–425, S–70, S–90, 

S–105, S–130, S–160, T–150, T–180, T– 

210, V–56, V–65, V–77, V–90, and V– 

105 balloon models coupled with a CV– 

08 basket will incorporate the following 

novel or unusual design features: 

Occupant seats with restraints and a 

lowered basket side rail. 

Discussion 

Neither the FAA’s airworthiness 

standards (14 CFR part 31, amendment 

31–5), nor EASA’s current Certification 

Specification (CS) for Hot Air Balloons 

(CS 31HB, amendment 1), incorporate 

specific requirements for seat and seat 

belts. 

EASA previously published a 

proposed special condition 2 (now 

expired) for seats and seat belts for hot 

air balloon baskets. EASA based the 

requirements of its proposed special 

condition on the German airworthiness 

requirements for Hot Air Airships 

LFHLLS,3 incorporating hot air balloon 

basket requirements for seats, seat belts, 

and the loads in an emergency landing 

condition, similar to hot air airship 


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29474 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Proposed Rules 

requirements. Ultramagic’s change 

application applied the language in the 

EASA proposed special condition for CS 

31HA.14(c), ‘‘Occupant mass,’’ CS 

31HA.43(d), ‘‘Fitting factor,’’ CS 

31HA.561(a) and (b)(1), ‘‘Emergency 

landing conditions—General,’’ and CS 

31HA.785(a), (c), and (d), ‘‘Seats and 

seat belts’’ to the CV–08 basket. The 

FAA finds that these standards are 

appropriate for a seated, restrained 

occupant. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

M–56, M–56C, M–65, M–65C, M–77, M– 

77C, M–90, M–105, M–120, M–130, M– 

145, M–160, N–180, N–210, N–250, N– 

300, N–355, N–425, S–70, S–90, S–105, 

S–130, S–160, T–150, T–180, T–210, V– 

56, V–65, V–77, V–90, and V–105 

balloons. Should Ultramagic apply at a 

later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature, the FAA would apply 

these special conditions to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

balloon models specified in these 

special conditions. It is not a rule of 

general applicability and it affects only 

the applicant who applied to the FAA 

for approval of these features on the 

airplane. These proposed special 

conditions are identical in intent to the 

EASA special conditions, although the 

formatting has been altered to meet 

these special condition requirements. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the FAA proposes the 

following special conditions as part of 

the type certification basis for 

Ultramagic S.A. Model M–56, M–56C, 

M–65, M–65C, M–77, M–77C, M–90, M– 

105, M–120, M–130, M–145, M–160, N– 

180, N–210, N–250, N–300, N–355, N– 

425, S–70, S–90, S–105, S–130, S–160, 

T–150, T–180, T–210, V–56, V–65, V– 

77, V–90, and V–105 balloons with a 

basket Model no. CV–08. 

1. Hot Air Balloon Crashworthiness 

Requirements for Seat Installations and 

Restraints for Seated and Restrained 

Occupants 

a. Occupant Mass 

For calculation purposes, it should be 

assumed the mass of an occupant is at 

least 86 kilograms (190 pounds). 

b. Seats, Safety Belts, and Harnesses 

Factor of Safety 

For each seat, safety belt, and harness, 

its attachment to the structure must be 

shown, by analysis, tests, or both, to be 

able to withstand the inertia forces 

prescribed in paragraph (c) of these 

special conditions multiplied by a 

fitting factor of 1.33. 

c. Emergency Landing Conditions— 

General 

The balloon—although it may be 

damaged under emergency landing 

conditions—must be designed to give 

each occupant every reasonable chance 

of avoiding serious injury in a crash 

landing—when seat belts provided for 

in the design are properly used—and 

the occupant is subject to the following 

ultimate inertia forces acting relative to 

the surrounding structure as well as 

independently of each other. 

(1) Forward 6g 

(2) Sideways 6g 

(3) Downward 6g 

d. Seats and Seatbelts 

(1) Each seat and its supporting 

structure must be designed for an 

occupant mass in accordance paragraph 

(a) of these special conditions and for 

the maximum load factors 

corresponding to the specified flight and 

ground load conditions, including the 

emergency landing conditions 

prescribed in paragraph (c) of these 

special conditions. 

(2) Each seat or berth shall be fitted 

with an individual approved seat belt or 

harness. 

(3) Seat belts installed on the balloon 

must not fail under flight or ground load 

conditions or emergency landing 

conditions in accordance with 

paragraph (c) of these special 

conditions, taking into account the 

geometrical arrangement of the belt 

attachment and the seat. 

Issued in Kansas City, Missouri, on June 

15, 2018. 

Pat Mullen, 

Manager, Small Airplane Standards Branch, 

Aircraft Certification Service. 

[FR Doc. 2018–13499 Filed 6–22–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0406; Product 

Identifier 2013–NE–30–AD] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2017–07– 

04, which applies to General Electric 

Company (GE) GE90–110B1 and GE90– 

115B turbofan engines with certain 

high-pressure compressor (HPC) rotor 

stage 2–5 spools installed. AD 2017–07– 

04 resulted from reports of cracks in 

HPC rotor stage 2–5 spool aft spacer 

arms. Since we issued AD 2017–07–04, 

GE released a new service bulletin (SB) 

that increases the number of affected 

HPC rotor stage 2–5 spools. 

Additionally, we learned that we 

inadvertently omitted certain HPC rotor 

stage 2–5 spools from the applicability 

of AD 2017–07–04. This proposed AD 

would require removing certain HPC 

rotor stage 2–5 spools from service 

before reaching the new reduced life 

limit and replacing them with parts 

eligible for installation. We are 

proposing this AD to correct the unsafe 

condition on these products. 

DATES: We must receive comments on 

this proposed AD by August 9, 2018. 

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 

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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact General Electric 

Company, One Neumann Way, Room 

285, Cincinnati, OH; phone: 513–552– 

3272; email: geae.aoc@ge.com. You may 

view this service information at the 

FAA, Engine and Propeller Standards 

Branch, 1200 District Avenue, 


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