81_FR_38180 81 FR 38067 - Special Conditions: Ultramagic, S.A., Mark-32 Burner Series

81 FR 38067 - Special Conditions: Ultramagic, S.A., Mark-32 Burner Series

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 113 (June 13, 2016)

Page Range38067-38069
FR Document2016-13556

This action proposes special conditions for the Ultramagic, S.A., balloon models F-18, H-56, H-65, H-77, 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, V-105, and Z-90. These models will have a novel or unusual design feature associated with having the new Mark-32 Burner series. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These final special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016)
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38067-38069]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 31

[Docket No. FAA-2016-5424; Special Conditions No. 31-001-SC]


Special Conditions: Ultramagic, S.A., Mark-32 Burner Series

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: This action proposes special conditions for the Ultramagic, 
S.A., balloon models F-18, H-56, H-65, H-77, 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, V-105, and Z-90. These models will 
have a novel or unusual design feature associated with having the new 
Mark-32 Burner series. The applicable airworthiness regulations do not 
contain adequate or appropriate safety standards for this design 
feature. These final special conditions contain the additional safety 
standards that the Administrator considers necessary to establish a 
level of safety equivalent to that established by the existing 
airworthiness standards.

DATES: These special conditions are effective June 13, 2016 and is 
applicable beginning May 25, 2016.

FOR FURTHER INFORMATION CONTACT: John VanHoudt, Federal Aviation 
Administration, Small Airplane Directorate, Aircraft Certification 
Service, Programs and Procedures Branch, ACE-114, 901 Locust, Kansas 
City, MO 64106; telephone (816) 329-4142; facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Background

    On September 21, 2014, Ultramagic, S.A. (Ultramagic) applied for a 
change to Type Certificate No. B02CE to incorporate the new Mark-32 
(MK-32) Burner series in balloon models F-18, H-56, H-65, H-77, 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, V-105, and Z-
90. The MK-32 Burner series is a derivative of the MK-10 Burner series, 
which are currently approved under TCDS B02CE. The MK-32 burner does 
introduce a particular novel aspect in terms of operation and 
performance--the primary modification being an oxygen augmented igniter 
system.

Type Certification Basis

    Under the provisions of Sec.  21.101, Ultramagic must show that the 
balloon models F-18, H-56, H-65, H-77, 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, V-105, and Z-90, as changed, continues to 
meet the applicable provisions incorporated by reference in Type 
Certificate 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 Direccion General de 
Aviacion Civil originally type certificated this aircraft under its 
type certificate Numbers 3, 4, 18, 61, 147, and 247. The FAA validated 
these products under U.S. Type Certificate Number B02CE. On September 
28, 2003, EASA began oversight of this product on behalf of Spain. The 
regulations incorporated by reference in B02CE are as follows:
    a. 14 CFR 21.29.
    b. 14 CFR part 31, effective on January 1990, as amended by 31-1 
through 31-5 inclusive. Application for Type Certificate dated June 5, 
1997.
    c. Equivalent Level of Safety (ELOS) Findings per provision of 14 
CFR 21.21(b)(1):
    (1) ACE-08-15,\1\ August 1, 2008, Burners, 14 CFR 31.47(d).
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    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
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    (2) ACE-08-15A,\2\ November 05, 2013, Burners, 14 CFR 31.47(d), for 
Model S-70.
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    \2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.

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[[Page 38068]]

    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 31) do not contain adequate or 
appropriate safety standards for balloon models F-18, H-56, H-65, H-77, 
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, V-105, 
and Z-90 because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model 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 special conditions 
would also apply to the other model under Sec.  21.101. The FAA issues 
special conditions, as defined in 14 CFR 11.19, in accordance with 
Sec.  11.38, and they become part of the type-certification basis under 
Sec.  21.101.

Novel or Unusual Design Features

    The Model Numbers F-18, H-56, H-65, H-77, 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, V-105, and Z-90 balloons will 
incorporate the following novel and unusual design feature:
    The oxygen augmentation and hydraulic control.

Discussion

    Based on the provisions of Sec. Sec.  21.17 and 21.29 and the U.S.-
EASA Technical Implementation Procedures for Airworthiness and 
Environmental Certification Between the Federal Aviation Administration 
of the United States of America and the European Aviation Safety Agency 
of the European Union, the following airworthiness requirements are 
applicable to this project and will remain active for three years from 
the date of application and form the Certification Basis:
    a. Part 31, amendment 7 (The certification basis complied with 
according to the Ultramagic part 31 compliance checklist.).
    b. ELOS Findings: The FAA notes that it has issued equivalent level 
of safety findings per provision of 14 CFR 21.21(b)(1), specifically 
ACE-08-15 \3\ on August 1, 2008, Burners, Sec.  31.47(d) and then 
extended the ELOS as ACE-08-15A \4\ on November 05, 2013, Burners, 
Sec.  31.47(d), for the Model S-70. This ELOS has not been applied to 
the MK-32 and therefore not applicable.
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    \3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
    \4\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
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    3. Special conditions: The FAA notes that Ultramagic elected to 
comply with certain provisions of CS-23, amendment 3, that apply to 
oxygen systems. These provisions are applicable because there is an 
oxygen augmented igniter system available for the MK-32 burner. The 
following 14 CFR regulations, except Sec.  23.1445, are harmonized with 
their CS-23, amendment 3, counterpart regulations and form the basis of 
this special condition.

----------------------------------------------------------------------------------------------------------------
              Section                          Title                        Paragraph                Amendment
----------------------------------------------------------------------------------------------------------------
Sec.   23.1445....................  Oxygen distribution system  (a) and (b).....................           23-62
Sec.   23.1451....................  Fire protection for oxygen  (a), (b), and (c)...............           23-49
                                     equipment.
Sec.   23.1453....................  Protection of oxygen        (a) and (b).....................           23-49
                                     equipment from rupture.
----------------------------------------------------------------------------------------------------------------

    Section 23.1445 mentions the only significant regulatory 
difference, regarding common sources oxygen with passengers. The oxygen 
system is not utilized for breathing; hence, this Significant Standard 
Difference (SSD) does not apply.
    In addition, the FAA notes that Ultramagic offers an optional 
hydraulic kit. This kit is a hydraulic system that actuates the 
burners' fuel valve. Since part 31 does not have provisions for 
hydraulic systems, Sec.  23.1435, Hydraulic systems, will provide the 
basis for the hydraulic system special conditions contained herein. No 
SSD is associated with this regulation.

Discussion of Comments

    Notice of proposed special conditions No. 31-16-01-SC for the 
Ultramagic, S.A., MK-32 Burner Series was published in the Federal 
Register on April 5, 2016 (81 FR 19502). No comments were received, and 
the special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Model Numbers F-18, H-56, H-65, H-77, 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, V-105, and Z-90 balloons. Should 
Ultramagic, S.A. 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 special conditions would apply to that 
model as well.
    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register; however, as the certification date for the 
Ultramagic, S.A., Model Numbers F-18, H-56, H-65, H-77, 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, V-105, and Z-90 balloons is 
imminent, the FAA finds that good cause exists to make these special 
conditions effective upon issuance.

Conclusion

    This action affects only certain novel or unusual design features 
on one model series of burners. 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 balloons.

List of Subjects in 14 CFR Part 31

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.38 and 11.19.

[[Page 38069]]

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for Ultramagic, S.A., balloon models F-18, 
H-56, H-65, H-77, 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, V-105, and Z-90 modified by Ultramagic, S.A.
    1. Certification of the MK-32 Burner Series under 14 CFR part 31.
    (a) In addition to the provisions of part 31, amendment 7, the 
applicant must design the MK-32 Burner to comply with the requirements, 
as described below, with respect to the igniter oxygen augmentation 
system and hydraulic burner valve actuation system:

Oxygen Distribution System

    (1) Except for flexible lines from oxygen outlets to the dispensing 
units, or where shown to be otherwise suitable to the installation, 
nonmetallic tubing must not be used for any oxygen line that is 
normally pressurized during flight.
    (2) Nonmetallic oxygen distribution lines must not be routed where 
they may be subjected to elevated temperatures, electrical arcing, and 
released flammable fluids that might result from any probable failure.

Fire Protection for Oxygen Equipment

    Oxygen equipment and lines must:
    (1) Not be installed in any designated fire zones.
    (2) Be protected from heat that may be generated in, or escape 
from, any designated fire zone.
    (3) Be installed so that escaping oxygen cannot come in contact 
with and cause ignition of grease, fluid, or vapor accumulations that 
are present in normal operation or that may result from the failure or 
malfunction of any other system.

Protection of Oxygen Equipment From Rupture

    (1) Each element of the oxygen system must have sufficient strength 
to withstand the maximum pressure and temperature, in combination with 
any externally applied loads arising from consideration of limit 
structural loads that may be acting on that part of the system.
    (2) Oxygen pressure sources and the lines between the source and 
the shutoff means must be:
    (i) Protected from unsafe temperatures; and
    (ii) Located where the probability and hazard of rupture in a crash 
landing are minimized.

Hydraulic Systems

    (1) Design. Each hydraulic system must be designed as follows:
    (i) Each hydraulic system and its elements must withstand, without 
yielding, the structural loads expected in addition to hydraulic loads.
    (ii) A means to indicate the pressure in each hydraulic system 
which supplies two or more primary functions must be provided to the 
flight crew.
    (iii) There must be means to ensure that the pressure, including 
transient (surge) pressure, in any part of the system will not exceed 
the safe limit above design operating pressure and to prevent excessive 
pressure resulting from fluid volumetric changes in all lines which are 
likely to remain closed long enough for such changes to occur.
    (iv) The minimum design burst pressure must be 2.5 times the 
operating pressure.
    (2) Tests. Each system must be substantiated by proof pressure 
tests. When proof tested, no part of any system may fail, malfunction, 
or experience a permanent set. The proof load of each system must be at 
least 1.5 times the maximum operating pressure of that system.
    (3) Accumulators. A hydraulic accumulator or reservoir may be 
installed on the engine side of any firewall, if--
    (i) It is an integral part of an engine or propeller system; or
    (ii) The reservoir is nonpressurized and the total capacity of all 
such nonpressurized reservoirs is one quart or less.
    (b) Ultramagic, through EASA, will provide the FAA with all 
Airworthiness Directives issued against the changed type design, if 
any, and a plan for resolving the unsafe conditions for the FAA type 
design.

    Issued in Kansas City, Missouri, on May 25, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-13556 Filed 6-10-16; 8:45 am]
BILLING CODE 4910-13-P



                                                                    Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                              38067

                                                group) or to determine the condition of                 multiplying the number of tons of such                 incorporate the new Mark-32 (MK–32)
                                                the grove.                                              citrus fruit by the applicable Fresh Fruit             Burner series in balloon models F–18,
                                                *     *    *     *    *                                 Factor contained in the Special                        H–56, H–65, H–77, M–56, M–56C, M–
                                                                                                        Provisions.                                            65, M–65C, M–77, M–77C, M–90, M–
                                                10. Causes of Loss                                                                                             105, M–120, M–130, M–145, M–160, N–
                                                                                                        *     *      *    *    *
                                                *     *     *     *     *                                                                                      180, N–210, N–250, N–300, N–355, N–
                                                                                                          Signed in Washington, DC, on June 6,
                                                  (a) * * *                                             2016.
                                                                                                                                                               425, S–70, S–90, S–105, S–130, S–160,
                                                *     *     *     *     *                                                                                      T–150, T–180, T–210, V–56, V–65, V–
                                                                                                        Michael Alston,
                                                  (9) Insects and plant disease, unless                                                                        77, V–90, V–105, and Z–90. The MK–32
                                                                                                        Acting Manager, Federal Crop Insurance                 Burner series is a derivative of the MK–
                                                excluded or otherwise restricted                        Corporation.
                                                through the Special Provisions,                                                                                10 Burner series, which are currently
                                                                                                        [FR Doc. 2016–13770 Filed 6–10–16; 8:45 am]
                                                provided the loss of production is not                                                                         approved under TCDS B02CE. The MK–
                                                                                                        BILLING CODE 3410–08–P                                 32 burner does introduce a particular
                                                due to damage resulting from
                                                insufficient or improper application of                                                                        novel aspect in terms of operation and
                                                control measures as recommended by                                                                             performance—the primary modification
                                                agricultural experts.                                   DEPARTMENT OF TRANSPORTATION                           being an oxygen augmented igniter
                                                  (b) In addition to the causes of loss                                                                        system.
                                                                                                        Federal Aviation Administration
                                                excluded in section 12 of the Basic                                                                            Type Certification Basis
                                                Provisions, we will not insure against                  14 CFR Part 31
                                                damage or loss of production due to the                                                                           Under the provisions of § 21.101,
                                                inability to market the citrus for any                  [Docket No. FAA–2016–5424; Special                     Ultramagic must show that the balloon
                                                reason other than actual physical                       Conditions No. 31–001–SC]                              models F–18, H–56, H–65, H–77, M–56,
                                                damage from an insurable cause of loss                                                                         M–56C, M–65, M–65C, M–77, M–77C,
                                                specified in this section. For example,                 Special Conditions: Ultramagic, S.A.,                  M–90, M–105, M–120, M–130, M–145,
                                                we will not pay you an indemnity if you                 Mark–32 Burner Series                                  M–160, N–180, N–210, N–250, N–300,
                                                are unable to market due to quarantine,                 AGENCY:  Federal Aviation                              N–355, N–425, S–70, S–90, S–105, S–
                                                boycott, or refusal of any person to                    Administration (FAA), DOT.                             130, S–160, T–150, T–180, T–210, V–56,
                                                accept production.                                      ACTION: Final special conditions.
                                                                                                                                                               V–65, V–77, V–90, V–105, and Z–90, as
                                                                                                                                                               changed, continues to meet the
                                                11. Duties in the Event of Damage or                    SUMMARY:   This action proposes special                applicable provisions incorporated by
                                                Loss                                                    conditions for the Ultramagic, S.A.,                   reference in Type Certificate No. B02CE
                                                   (a) In accordance with the                           balloon models F–18, H–56, H–65, H–                    or the applicable regulations in effect on
                                                requirements of section 14 of the Basic                 77, M–56, M–56C, M–65, M–65C, M–77,                    the date of application for the change.
                                                Provisions, you must leave                              M–77C, M–90, M–105, M–120, M–130,                      The regulations incorporated by
                                                representative samples. In lieu of the                  M–145, M–160, N–180, N–210, N–250,                     reference in the type certificate are
                                                requirements of section 14(c)(3) of the                 N–300, N–355, N–425, S–70, S–90, S–                    commonly referred to as the ‘‘original
                                                Basic Provisions, we will determine                     105, S–130, S–160, T–150, T–180, T–                    type certification basis.’’ The Direccion
                                                which trees must remain unharvested so                  210, V–56, V–65, V–77, V–90, V–105,                    General de Aviacion Civil originally
                                                that we may inspect them in accordance                  and Z–90. These models will have a                     type certificated this aircraft under its
                                                with FCIC procedures.                                   novel or unusual design feature                        type certificate Numbers 3, 4, 18, 61,
                                                   (b) * * *                                            associated with having the new Mark–                   147, and 247. The FAA validated these
                                                *      *     *     *     *                              32 Burner series. The applicable                       products under U.S. Type Certificate
                                                   (2) If you intend to claim an                        airworthiness regulations do not contain               Number B02CE. On September 28, 2003,
                                                indemnity on any unit, you must notify                  adequate or appropriate safety standards               EASA began oversight of this product
                                                us at least 15 days prior to the beginning              for this design feature. These final                   on behalf of Spain. The regulations
                                                of harvest, or within 24 hours if damage                special conditions contain the                         incorporated by reference in B02CE are
                                                is discovered during harvest, so we may                 additional safety standards that the                   as follows:
                                                have an opportunity to inspect the unit.                Administrator considers necessary to                      a. 14 CFR 21.29.
                                                You must not sell or dispose of the                     establish a level of safety equivalent to                 b. 14 CFR part 31, effective on January
                                                damaged crop until after we have given                  that established by the existing                       1990, as amended by 31–1 through 31–
                                                you written consent to do so. If you fail               airworthiness standards.                               5 inclusive. Application for Type
                                                to meet the requirements of this section,               DATES: These special conditions are                    Certificate dated June 5, 1997.
                                                all such production will be considered                  effective June 13, 2016 and is applicable                 c. Equivalent Level of Safety (ELOS)
                                                undamaged and included as production                    beginning May 25, 2016.                                Findings per provision of 14 CFR
                                                to count.                                               FOR FURTHER INFORMATION CONTACT: John                  21.21(b)(1):
                                                12. Settlement of Claim                                 VanHoudt, Federal Aviation                                (1) ACE–08–15,1 August 1, 2008,
                                                                                                        Administration, Small Airplane                         Burners, 14 CFR 31.47(d).
                                                *     *    *     *      *                               Directorate, Aircraft Certification                       (2) ACE–08–15A,2 November 05,
                                                  (b) * * *                                             Service, Programs and Procedures                       2013, Burners, 14 CFR 31.47(d), for
                                                  (1) Multiplying the insured acreage                   Branch, ACE–114, 901 Locust, Kansas                    Model S–70.
                                                for each combination of commodity type                  City, MO 64106; telephone (816) 329–
mstockstill on DSK3G9T082PROD with RULES




                                                and intended use by its respective                      4142; facsimile (816) 329–4090.                          1 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                production guarantee;                                   SUPPLEMENTARY INFORMATION:                             Library/rgELOS.nsf/0/BE4DB369A87F7A7A
                                                *     *    *     *      *                                                                                      86257C210072E48A?OpenDocument&Highlight=
                                                  (e) Any citrus fruit insured with an                  Background                                             ace-08-15.
                                                                                                                                                                 2 http://rgl.faa.gov/Regulatory_and_Guidance_
                                                intended use of fresh that is not                         On September 21, 2014, Ultramagic,                   Library/rgELOS.nsf/0/BE4DB369A87F7A7A8625
                                                marketable as fresh fruit due to                        S.A. (Ultramagic) applied for a change                 7C210072E48A?OpenDocument&Highlight=ace-08-
                                                insurable causes will be adjusted by                    to Type Certificate No. B02CE to                       15.



                                           VerDate Sep<11>2014   16:33 Jun 10, 2016   Jkt 238001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\13JNR1.SGM   13JNR1


                                                38068                 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

                                                   If the Administrator finds that the                           11.19, in accordance with § 11.38, and                              project and will remain active for three
                                                applicable airworthiness regulations                             they become part of the type-                                       years from the date of application and
                                                (i.e., 14 CFR part 31) do not contain                            certification basis under § 21.101.                                 form the Certification Basis:
                                                adequate or appropriate safety standards                                                                                                a. Part 31, amendment 7 (The
                                                                                                                 Novel or Unusual Design Features
                                                for balloon models F–18, H–56, H–65,                                                                                                 certification basis complied with
                                                H–77, M–56, M–56C, M–65, M–65C, M–                                 The Model Numbers F–18, H–56, H–                                  according to the Ultramagic part 31
                                                77, M–77C, M–90, M–105, M–120, M–                                65, H–77, M–56, M–56C, M–65, M–65C,                                 compliance checklist.).
                                                130, M–145, M–160, N–180, N–210, N–                              M–77, M–77C, M–90, M–105, M–120,                                       b. ELOS Findings: The FAA notes that
                                                250, N–300, N–355, N–425, S–70, S–90,                            M–130, M–145, M–160, N–180, N–210,                                  it has issued equivalent level of safety
                                                S–105, S–130, S–160, T–150, T–180, T–                            N–250, N–300, N–355, N–425, S–70, S–                                findings per provision of 14 CFR
                                                210, V–56, V–65, V–77, V–90, V–105,                              90, S–105, S–130, S–160, T–150, T–180,                              21.21(b)(1), specifically ACE–08–15 3 on
                                                and Z–90 because of a novel or unusual                           T–210, V–56, V–65, V–77, V–90, V–105,                               August 1, 2008, Burners, § 31.47(d) and
                                                design feature, special conditions are                           and Z–90 balloons will incorporate the                              then extended the ELOS as ACE–08–
                                                prescribed under the provisions of                               following novel and unusual design                                  15A 4 on November 05, 2013, Burners,
                                                § 21.16.                                                         feature:                                                            § 31.47(d), for the Model S–70. This
                                                   Special conditions are initially                                The oxygen augmentation and                                       ELOS has not been applied to the MK–
                                                applicable to the model for which they                           hydraulic control.                                                  32 and therefore not applicable.
                                                are issued. Should the type certificate                                                                                                 3. Special conditions: The FAA notes
                                                                                                                 Discussion
                                                for that model be amended later to                                                                                                   that Ultramagic elected to comply with
                                                include any other model that                                       Based on the provisions of §§ 21.17                               certain provisions of CS–23, amendment
                                                incorporates the same or similar novel                           and 21.29 and the U.S.-EASA Technical                               3, that apply to oxygen systems. These
                                                or unusual design feature, or should any                         Implementation Procedures for                                       provisions are applicable because there
                                                other model already included on the                              Airworthiness and Environmental                                     is an oxygen augmented igniter system
                                                same type certificate be modified to                             Certification Between the Federal                                   available for the MK–32 burner. The
                                                incorporate the same or similar novel or                         Aviation Administration of the United                               following 14 CFR regulations, except
                                                unusual design feature, the special                              States of America and the European                                  § 23.1445, are harmonized with their
                                                conditions would also apply to the other                         Aviation Safety Agency of the European                              CS–23, amendment 3, counterpart
                                                model under § 21.101. The FAA issues                             Union, the following airworthiness                                  regulations and form the basis of this
                                                special conditions, as defined in 14 CFR                         requirements are applicable to this                                 special condition.

                                                        Section                                                                  Title                                                                Paragraph                Amendment

                                                § 23.1445 ................   Oxygen distribution system ....................................................................................   (a) and (b) .................        23–62
                                                § 23.1451 ................   Fire protection for oxygen equipment .....................................................................        (a), (b), and (c) ..........         23–49
                                                § 23.1453 ................   Protection of oxygen equipment from rupture ........................................................              (a) and (b) .................        23–49



                                                  Section 23.1445 mentions the only                              Applicability                                                       90, S–105, S–130, S–160, T–150, T–180,
                                                significant regulatory difference,                                                                                                   T–210, V–56, V–65, V–77, V–90, V–105,
                                                                                                                    As discussed above, these special
                                                regarding common sources oxygen with                                                                                                 and Z–90 balloons is imminent, the
                                                                                                                 conditions are applicable to the Model
                                                passengers. The oxygen system is not                                                                                                 FAA finds that good cause exists to
                                                                                                                 Numbers F–18, H–56, H–65, H–77, M–
                                                utilized for breathing; hence, this                                                                                                  make these special conditions effective
                                                                                                                 56, M–56C, M–65, M–65C, M–77, M–
                                                Significant Standard Difference (SSD)                                                                                                upon issuance.
                                                                                                                 77C, M–90, M–105, M–120, M–130, M–
                                                does not apply.
                                                  In addition, the FAA notes that                                145, M–160, N–180, N–210, N–250, N–                                 Conclusion
                                                Ultramagic offers an optional hydraulic                          300, N–355, N–425, S–70, S–90, S–105,
                                                                                                                 S–130, S–160, T–150, T–180, T–210, V–                                 This action affects only certain novel
                                                kit. This kit is a hydraulic system that                                                                                             or unusual design features on one model
                                                actuates the burners’ fuel valve. Since                          56, V–65, V–77, V–90, V–105, and Z–90
                                                                                                                 balloons. Should Ultramagic, S.A. apply                             series of burners. It is not a rule of
                                                part 31 does not have provisions for                                                                                                 general applicability and it affects only
                                                hydraulic systems, § 23.1435, Hydraulic                          at a later date for a change to the type
                                                                                                                 certificate to include another model                                the applicant who applied to the FAA
                                                systems, will provide the basis for the                                                                                              for approval of these features on the
                                                hydraulic system special conditions                              incorporating the same novel or unusual
                                                                                                                 design feature, the special conditions                              balloons.
                                                contained herein. No SSD is associated
                                                with this regulation.                                            would apply to that model as well.                                  List of Subjects in 14 CFR Part 31
                                                                                                                    Under standard practice, the effective
                                                Discussion of Comments                                           date of final special conditions would                                Aircraft, Aviation safety, Signs and
                                                  Notice of proposed special conditions                          be 30 days after the date of publication                            symbols.
                                                No. 31–16–01–SC for the Ultramagic,                              in the Federal Register; however, as the                            Citation
                                                S.A., MK–32 Burner Series was                                    certification date for the Ultramagic,
                                                published in the Federal Register on                             S.A., Model Numbers F–18, H–56, H–                                    The authority citation for these
                                                April 5, 2016 (81 FR 19502). No                                  65, H–77, M–56, M–56C, M–65, M–65C,                                 special conditions is as follows:
                                                comments were received, and the                                  M–77, M–77C, M–90, M–105, M–120,                                      Authority: 49 U.S.C. 106(g), 40113 and
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                                                special conditions are adopted as                                M–130, M–145, M–160, N–180, N–210,                                  44701; 14 CFR 21.16 and 21.17; and 14 CFR
                                                proposed.                                                        N–250, N–300, N–355, N–425, S–70, S–                                11.38 and 11.19.

                                                  3 http://rgl.faa.gov/Regulatory_and_Guidance_                    4 http://rgl.faa.gov/Regulatory_and_Guidance_

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                                                15.                                                              ace-08-15.




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                                                                    Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                          38069

                                                The Special Conditions                                    (i) Protected from unsafe                            DEPARTMENT OF TRANSPORTATION
                                                  Accordingly, pursuant to the                          temperatures; and
                                                                                                                                                               Federal Aviation Administration
                                                authority delegated to me by the                          (ii) Located where the probability and
                                                Administrator, the following special                    hazard of rupture in a crash landing are
                                                                                                                                                               14 CFR Part 73
                                                conditions are issued as part of the type               minimized.
                                                certification basis for Ultramagic, S.A.,                                                                      [Docket No. FAA–2016–7005; Airspace
                                                balloon models F–18, H–56, H–65, H–                     Hydraulic Systems                                      Docket No. 16–AEA–4]
                                                77, M–56, M–56C, M–65, M–65C, M–77,                        (1) Design. Each hydraulic system                   RIN 2120–AA66
                                                M–77C, M–90, M–105, M–120, M–130,                       must be designed as follows:
                                                M–145, M–160, N–180, N–210, N–250,                                                                             Amendment of Restricted Areas R–
                                                N–300, N–355, N–425, S–70, S–90, S–                        (i) Each hydraulic system and its                   6602A, R–6602B, and R–6602C; Fort
                                                105, S–130, S–160, T–150, T–180, T–                     elements must withstand, without                       Pickett, VA
                                                210, V–56, V–65, V–77, V–90, V–105,                     yielding, the structural loads expected
                                                and Z–90 modified by Ultramagic, S.A.                   in addition to hydraulic loads.                        AGENCY:  Federal Aviation
                                                  1. Certification of the MK–32 Burner                                                                         Administration (FAA), DOT.
                                                                                                           (ii) A means to indicate the pressure
                                                Series under 14 CFR part 31.                            in each hydraulic system which                         ACTION: Final rule.
                                                  (a) In addition to the provisions of                  supplies two or more primary functions                 SUMMARY:    This action updates the using
                                                part 31, amendment 7, the applicant                     must be provided to the flight crew.                   agency information for restricted areas
                                                must design the MK–32 Burner to
                                                                                                           (iii) There must be means to ensure                 R–6602A, R–6602B, and R–6602C, Fort
                                                comply with the requirements, as
                                                                                                        that the pressure, including transient                 Pickett, VA. This is an administrative
                                                described below, with respect to the
                                                                                                        (surge) pressure, in any part of the                   change to reflect the current
                                                igniter oxygen augmentation system and
                                                                                                        system will not exceed the safe limit                  organization tasked with using agency
                                                hydraulic burner valve actuation
                                                                                                        above design operating pressure and to                 responsibilities for the restricted areas.
                                                system:
                                                                                                        prevent excessive pressure resulting                   It does not affect the boundaries,
                                                Oxygen Distribution System                              from fluid volumetric changes in all                   designated altitudes, time of designation
                                                   (1) Except for flexible lines from                   lines which are likely to remain closed                or activities conducted within the
                                                oxygen outlets to the dispensing units,                 long enough for such changes to occur.                 restricted areas.
                                                or where shown to be otherwise suitable                                                                        DATES: Effective date: 0901 UTC,
                                                                                                           (iv) The minimum design burst
                                                to the installation, nonmetallic tubing                                                                        September 15, 2016.
                                                                                                        pressure must be 2.5 times the operating
                                                must not be used for any oxygen line                                                                           FOR FURTHER INFORMATION CONTACT: Paul
                                                                                                        pressure.
                                                that is normally pressurized during                                                                            Gallant, Airspace Policy Group, Office
                                                flight.                                                    (2) Tests. Each system must be                      of Airspace Services, Federal Aviation
                                                   (2) Nonmetallic oxygen distribution                  substantiated by proof pressure tests.                 Administration, 800 Independence
                                                lines must not be routed where they                     When proof tested, no part of any                      Avenue SW., Washington, DC 20591;
                                                may be subjected to elevated                            system may fail, malfunction, or                       telephone: (202) 267–8783.
                                                temperatures, electrical arcing, and                    experience a permanent set. The proof                  SUPPLEMENTARY INFORMATION:
                                                released flammable fluids that might                    load of each system must be at least 1.5
                                                result from any probable failure.                       times the maximum operating pressure                   Authority for This Rulemaking
                                                                                                        of that system.                                           The FAA’s authority to issue rules
                                                Fire Protection for Oxygen Equipment
                                                                                                           (3) Accumulators. A hydraulic                       regarding aviation safety is found in
                                                   Oxygen equipment and lines must:                     accumulator or reservoir may be                        Title 49 of the United States Code.
                                                   (1) Not be installed in any designated               installed on the engine side of any                    Subtitle I, Section 106 describes the
                                                fire zones.                                                                                                    authority of the FAA Administrator.
                                                                                                        firewall, if—
                                                   (2) Be protected from heat that may be                                                                      Subtitle VII, Aviation Programs,
                                                generated in, or escape from, any                          (i) It is an integral part of an engine             describes in more detail the scope of the
                                                designated fire zone.                                   or propeller system; or                                agency’s authority.
                                                   (3) Be installed so that escaping                       (ii) The reservoir is nonpressurized                   This rulemaking is promulgated
                                                oxygen cannot come in contact with and                  and the total capacity of all such                     under the authority described in
                                                cause ignition of grease, fluid, or vapor               nonpressurized reservoirs is one quart                 Subtitle VII, Part A, Subpart I, Section
                                                accumulations that are present in                       or less.                                               40103. Under that section, the FAA is
                                                normal operation or that may result                                                                            charged with prescribing regulations to
                                                from the failure or malfunction of any                     (b) Ultramagic, through EASA, will                  assign the use of the airspace necessary
                                                other system.                                           provide the FAA with all Airworthiness                 to ensure the safety of aircraft and the
                                                                                                        Directives issued against the changed                  efficient use of airspace. This regulation
                                                Protection of Oxygen Equipment From                     type design, if any, and a plan for                    is within the scope of that authority as
                                                Rupture                                                 resolving the unsafe conditions for the                it updates the using agency for restricted
                                                   (1) Each element of the oxygen system                FAA type design.                                       areas R–6602A, R–6602B and R–6602C;
                                                must have sufficient strength to                          Issued in Kansas City, Missouri, on May              Fort Pickett, VA, to reflect the current
                                                withstand the maximum pressure and                      25, 2016.                                              organization responsible for the
                                                temperature, in combination with any                    Pat Mullen,                                            restricted areas.
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                                                externally applied loads arising from
                                                consideration of limit structural loads                 Acting Manager, Small Airplane Directorate,            The Rule
                                                                                                        Aircraft Certification Service.
                                                that may be acting on that part of the                                                                           This action amends Title 14 Code of
                                                                                                        [FR Doc. 2016–13556 Filed 6–10–16; 8:45 am]
                                                system.                                                                                                        Federal Regulations (14 CFR) part 73 by
                                                   (2) Oxygen pressure sources and the                  BILLING CODE 4910–13–P                                 updating the using agency name for
                                                lines between the source and the shutoff                                                                       restricted areas R–6602A, R–6602B and
                                                means must be:                                                                                                 R–6602C; Fort Pickett, VA, by removing


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Document Created: 2018-02-08 07:39:29
Document Modified: 2018-02-08 07:39:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions.
DatesThese special conditions are effective June 13, 2016 and is applicable beginning May 25, 2016.
ContactJohn VanHoudt, Federal Aviation Administration, Small Airplane Directorate, Aircraft Certification Service, Programs and Procedures Branch, ACE-114, 901 Locust, Kansas City, MO 64106; telephone (816) 329-4142; facsimile (816) 329-4090.
FR Citation81 FR 38067 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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