```

[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9785-9787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02720]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1134; Directorate Identifier 2012-CE-034-AD; 
Amendment 39-17345; AD 2013-03-10]
RIN 2120-AA64

Airworthiness Directives; Lindstrand Hot Air Balloons Ltd 
Appliances

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting 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 AD results 
from mandatory continuing airworthiness information (MCAI) issued 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 require actions to address the unsafe condition on these 
products.

DATES: This AD is effective March 19, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 19, 
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590.
    For service information identified in 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.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,

[[Page 9786]]

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 23, 2012 (77 
FR 64763). That NPRM proposed 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.

    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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Request To Change Applicability or Withdraw NPRM

    Phil A. Thompson, President of ARBC, Inc. dba/Lindstrand Balloons 
USA, requests we reduce the applicability of the AD or withdraw the 
NPRM. The commenter states that the unsafe condition applies to only 
the specific female ACME threaded hose connectors, part numbers HS6139 
and HS6144, produced during a certain time period.
    The FAA disagrees with reducing the applicability or withdrawing 
the NPRM. While we agree that the unsafe condition exists only on the 
specific female ACME threaded hose connectors, part numbers HS6139 and 
HS6144; we cannot determine which balloons have the defective parts 
installed. We also cannot determine the exact serial numbers produced 
during the certain time period referenced by the commenter to limit the 
applicability to parts produced during that time period. Neither the 
FAA nor EASA has received any documentation to prove that the defective 
parts are limited to the 23 parts referenced by the commenter.
    We have not changed the final rule AD action based on this comment.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed except for minor editorial changes. We have determined 
that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 64763, October 23, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 64763, October 23, 2012).

Costs of Compliance

    We estimate that this 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 AD. The average 
labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the 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 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 this AD:
    (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.

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 the NPRM, 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.

[[Page 9787]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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 AD:

2013-03-10 Lindstrand Hot Air Balloons Ltd: Amendment 39-17345; 
Docket No. FAA-2012-1134; Directorate Identifier 2012-CE-034-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 19, 
2013.

(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 March 19, 2013 (the effective 
date of this AD), inspect the female ACME threaded hose connectors, 
(P/Ns) HS6139 and HS6144, for leaking following the Accomplishment 
Instructions of Lindstrand Hot Air Balloons Ltd Service Bulletin No. 
12, Issue 2, 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, Issue 2, dated May 10, 
2012.
    (3) If, after March 19, 2013 (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 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, Issue 2, dated May 10, 2012, for related information.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Lindstrand Hot Air Balloons Ltd Service Bulletin No. 12, 
Issue 2, dated May 10, 2012.
    (ii) Reserved.
    (3) For Lindstrand Hot Air Balloons Ltd service information 
identified in 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/.
    (4) You may review this 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/index.html.

    Issued in Kansas City, Missouri, on February 1, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-02720 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-13-P
```