81_FR_57612 81 FR 57449 - Airworthiness Directives; All Hot Air Balloons

81 FR 57449 - Airworthiness Directives; All Hot Air Balloons

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range57449-57451
FR Document2016-19937

We are adopting a new airworthiness directive (AD) for all hot air balloons to determine if BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Model Kub[iacute][ccaron]ek burners equipped with fuel hoses made of ``EGEFLEX'' material are installed. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as propane leaks found on burners equipped with fuel hoses made of EGEFLEX material. We are issuing this AD to require actions to address the unsafe condition on these products.

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Rules and Regulations]
[Pages 57449-57451]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19937]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8989; Directorate Identifier 2016-CE-025-AD; 
Amendment 39-18617; AD 2016-17-04]
RIN 2120-AA64


Airworthiness Directives; All Hot Air Balloons

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all hot 
air balloons to determine if BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. 
s r.o. Model Kub[iacute][ccaron]ek burners equipped with fuel hoses 
made of ``EGEFLEX'' material are installed. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as propane leaks found on burners equipped with fuel hoses 
made of EGEFLEX material. We are issuing this AD to require actions to 
address the unsafe condition on these products.

DATES: This AD is effective August 29, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 29, 
2016.
    We must receive comments on this AD by October 7, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact 
BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o., Jarn[iacute] 2a, 614 
00 Brno, Czech Republic, telephone: +420 545 422 620; fax: +420 545 422 
621; email: info@kubicekballons.cz; Internet: http://www.kubicekballoons.eu. You may view this 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. It is also available on the 
Internet at http://www.regulations.gov by searching for locating Docket 
No. FAA-2016-8989.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8989; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
(800) 647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; email: 
karl.schletzbaum@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2016-0151, dated July 26, 2016 (referred to

[[Page 57450]]

after this as ``the MCAI''), to correct an unsafe condition for hot air 
balloons with Bal[oacute]ny Kub[iacute][ccaron]ek spol. s.r.o. Model 
Kub[iacute][ccaron]ek burners equipped with fuel hoses made of 
``EGEFLEX'' material. The MCAI states:

    Three propane leaks were reported in the recent past on a burner 
manufactured by Bal[oacute]ny Kub[iacute][ccaron]ek spol. s.r.o., 
equipped with the fuel hoses made of hose material ``EGEFLEX''.
    This condition, if not detected and corrected, could result in a 
fire, damaging the balloon and its envelope, ultimately leading to 
an emergency landing, with consequent injury to balloon occupants 
and persons on the ground.
    To address this potential unsafe condition, Bal[oacute]ny 
Kub[iacute][ccaron]ek spol. s.r.o. (the hose assemblies' 
manufacturer) published Service Bulletin (SB) N[deg] BB/50, BB-S/11, 
AB24 rev. 1, which provides instructions for replacement of the 
affected fuel hoses with an improved part. As the affected burner 
and related fuel hoses can easily be installed on other hot air 
balloons, this AD applies to all possibly affected type designs.
    For the reasons described above, this AD required identification 
and replacement of the affected fuel hoses.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-8989.

Related Service Information Under 1 CFR Part 51

    BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. has issued Service 
Bulletin No. BB/50, BB-S/11, AB24 rev.1, dated May 12, 2016. The 
service information describes procedures for replacing all fuel lines 
on burners that utilize EGEFLEX hoses. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section of this AD.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on type certificated products that incorporate the affected 
burners.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because this 
condition could result in a fire, damaging the balloon and its 
envelope, ultimately leading to an emergency landing, with consequent 
injury to the occupants and persons on the ground. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2016-8989; Directorate 
Identifier 2016-CE-025-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 6,400 products of U.S. 
registry. We also estimate that it will take about 0.5 work-hour per 
product to comply with the basic inspection requirement of this AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $272,000, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 2 work-hours and require parts costing $200, for a cost of 
$370 per product. We have no way of determining the number of hot air 
balloons that may need the replacement, but we estimate that it will 
affect no more than 60 hot air balloons.

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 that 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.

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.

[[Page 57451]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2016-17-04 All Hot Air Balloons: Amendment 39-18617; Docket No. FAA-
2016-8989; Directorate Identifier 2016-CE-025-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 29, 
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all hot air balloons, certificated in any 
category, with BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. 
Model Kub[iacute][ccaron]ek burners.

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as propane leaks on 
burners equipped with fuel hoses made of EGEFLEX material. We are 
issuing this AD to prevent propane leaks in the fuel hoses, which 
could result in a fire, damaging the balloon and its envelope, 
ultimately leading to an emergency landing, with consequent injury 
to the occupants and persons on the ground.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Within the next 14 days after August 29, 2016 (the effective 
date of this AD), inspect all hot air balloon fuel lines to 
determine if a Kub[iacute][ccaron]ek fuel hose made of ``EGEFLEX'' 
material is installed. Do the inspection as following BAL[Oacute]NY 
KUB[Iacute][Ccaron]EK spol. s r.o.. Service Bulletin No. BB/50, BB-
S/11, AB24 rev.1, dated May 12, 2016.
    (2) If any Kub[iacute][ccaron]ek hose made of ``EGEFLEX'' 
material is found during the inspection required in paragraph (f)(1) 
of this AD, before further flight, replace the fuel hose following 
BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Service Bulletin 
No. BB/50, BB-S/11, AB24 rev.1, dated May 12, 2016.
    (3) As of August 29, 2016 (the effective date of this AD), do 
not install a Kub[iacute][ccaron]ek fuel hose made of ``EGEFLEX'' 
material.

(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: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; 
email: karl.schletzbaum@faa.gov. Before using any approved AMOC on 
any balloon 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) Special Flight Permit

    Special flight permits are prohibited.

 (i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2016-0151, dated July 26, 2016, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-8989.

(j) 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 this AD specifies otherwise.
    (i) BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Service 
Bulletin No. BB/50, BB-S/11, AB24 rev.1, dated May 12, 2016.
    (ii) Reserved.
    (3) For BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. service 
information identified in this AD, contact BAL[Oacute]NY 
KUB[Iacute][Ccaron]EK spol. s r. o., Jarn[iacute] 2a, 614 00 Brno, 
Czech Republic, telephone: +420 545 422 620; fax: +420 545 422 621; 
email: info@kubicekballons.cz. Internet: http://www.kubicekballoons.eu.
    (4) You may view 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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2016-
8989.
    (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/ibr-locations.html.

    Issued in Kansas City, Missouri on August 16, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-19937 Filed 8-22-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                             Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations                                         57449

                                           life limit for stage 1 HPT disk, P/N JR33838,              (3) For Rolls-Royce Deutschland Ltd & Co             We must receive comments on this
                                           and stage 1 LPT disk, P/N JR32318A, is                  KG service information identified in this AD,         AD by October 7, 2016.
                                           18,000 FCSN.                                            contact Rolls-Royce Deutschland Ltd & Co
                                                                                                                                                         ADDRESSES: You may send comments by
                                              (D) For RRD Tay 650–15 engines operated              KG, Eschenweg 11, Dahlewitz, 15827
                                           under engine flight plan profile D, the cyclic          Blankenfelde-Mahlow, Germany; phone: 49–              any of the following methods:
                                           life limit for stage 1 HPT disk, P/N JR33838,           0–33–7086–1064; fax: 49–0–33–7086–3276.                 • Federal eRulemaking Portal: Go to
                                           and stage 1 LPT disk, P/N JR32318A, is                     (4) You may view this service information          http://www.regulations.gov. Follow the
                                           14,250 FCSN.                                            at FAA, Engine & Propeller Directorate, 1200          instructions for submitting comments.
                                              (E) For RRD Tay 651–54 engines operated              District Avenue, Burlington, MA. For                    • Fax: (202) 493–2251.
                                           under any engine flight plan profile, the               information on the availability of this                 • Mail: U.S. Department of
                                           cyclic life limit for stage 1 HPT disk, P/N             material at the FAA, call 781–238–7125.               Transportation, Docket Operations, M–
                                           JR33838, is 14,250 FCSN and the cyclic life                (5) You may view this service information          30, West Building Ground Floor, Room
                                           limit for stage 1 LPT disk, P/N JR32318A, is            at the National Archives and Records
                                           20,000 FCSN.
                                                                                                                                                         W12–140, 1200 New Jersey Avenue SE.,
                                                                                                   Administration (NARA). For information on
                                              (ii) Reserved.                                       the availability of this material at NARA, call
                                                                                                                                                         Washington, DC 20590.
                                                                                                   202–741–6030, or go to: http://                         • Hand Delivery: U.S. Department of
                                           (f) Installation Prohibition                                                                                  Transportation, Docket Operations, M–
                                                                                                   www.archives.gov/federal-register/cfr/ibr-
                                              After the effective date of this AD, do not          locations.html.                                       30, West Building Ground Floor, Room
                                           install any part identified in paragraph (e) of                                                               W12–140, 1200 New Jersey Avenue SE.,
                                           this AD into any engine, or return any engine             Issued in Burlington, Massachusetts, on
                                                                                                   August 16, 2016.                                      Washington, DC 20590, between 9 a.m.
                                           to service with any part identified in                                                                        and 5 p.m., Monday through Friday,
                                           paragraph (e) of this AD, installed, if the part        Colleen M. D’Alessandro,
                                           exceeds the cyclic life limit specified in                                                                    except Federal holidays.
                                                                                                   Manager, Engine & Propeller Directorate,                For service information identified in
                                           paragraphs (e)(2) and (e)(3) of this AD.                Aircraft Certification Service.
                                                                                                                                                         this AD, contact BALÓNY KUBÍČEK
                                           (g) Alternative Methods of Compliance                   [FR Doc. 2016–20081 Filed 8–22–16; 8:45 am]
                                                                                                                                                         spol. s r.o., Jarnı́ 2a, 614 00 Brno, Czech
                                           (AMOCs)                                                 BILLING CODE 4910–13–P                                Republic, telephone: +420 545 422 620;
                                              The Manager, Engine Certification Office,                                                                  fax: +420 545 422 621; email: info@
                                           may approve AMOCs for this AD. Use the                                                                        kubicekballons.cz; Internet: http://
                                           procedures found in 14 CFR 39.19 to make                DEPARTMENT OF TRANSPORTATION                          www.kubicekballoons.eu. You may view
                                           your request. You may email your request to:
                                           ANE-AD-AMOC@faa.gov.                                    Federal Aviation Administration                       this referenced service information at
                                                                                                                                                         the FAA, Small Airplane Directorate,
                                           (h) Related Information                                                                                       901 Locust, Kansas City, Missouri
                                                                                                   14 CFR Part 39
                                              (1) For more information about this AD,                                                                    64106. For information on the
                                           contact Philip Haberlen, Aerospace Engineer,            [Docket No. FAA–2016–8989; Directorate                availability of this material at the FAA,
                                           Engine Certification Office, FAA, Engine &              Identifier 2016–CE–025–AD; Amendment                  call (816) 329–4148. It is also available
                                           Propeller Directorate, 1200 District Avenue,            39–18617; AD 2016–17–04]                              on the Internet at http://
                                           Burlington, MA 01803; phone: 781–238–
                                           7770; fax: 781–238–7199; email:                                                                               www.regulations.gov by searching for
                                                                                                   RIN 2120–AA64
                                           philip.haberlen@faa.gov.                                                                                      locating Docket No. FAA–2016–8989.
                                              (2) Refer to MCAI European Aviation                  Airworthiness Directives; All Hot Air                 Examining the AD Docket
                                           Safety Agency, AD 2015–0056, dated March                Balloons
                                           31, 2015, for more information. You may                                                                          You may examine the AD docket on
                                           examine the MCAI in the AD docket on the                AGENCY:  Federal Aviation                             the Internet at http://
                                           Internet at http://www.regulations.gov by               Administration (FAA), DOT.                            www.regulations.gov by searching for
                                           searching for and locating it in Docket No.                                                                   and locating Docket No. FAA–2016–
                                                                                                   ACTION: Final rule; request for
                                           FAA–2006–25513.                                                                                               8989; or in person at the Docket
                                              (3) Rolls-Royce Deutschland Ltd & Co KG              comments.
                                           Alert Non-Modification Service Bulletin No.
                                                                                                                                                         Management Facility between 9 a.m.
                                           TAY–72–A1821, Revision 1, dated March 26,               SUMMARY:   We are adopting a new                      and 5 p.m., Monday through Friday,
                                           2015, which is not incorporated by reference            airworthiness directive (AD) for all hot              except Federal holidays. The AD docket
                                           in this AD, can be obtained from Rolls-Royce            air balloons to determine if BALÓNY                  contains this AD, the regulatory
                                           Deutschland Ltd & Co KG, using the contact              KUBÍČEK spol. s r.o. Model Kubı́ček                evaluation, any comments received, and
                                           information in paragraph (i)(3) of this AD.             burners equipped with fuel hoses made                 other information. The street address for
                                              (4) RRD TLM T–TAY–5RR, Chapter 05–10–                of ‘‘EGEFLEX’’ material are installed.                the Docket Office (telephone (800) 647–
                                           01, dated September 15, 2014.                           This AD results from mandatory                        5527) is in the ADDRESSES section.
                                              (5) You may view this service information
                                           at the FAA, Engine & Propeller Directorate,
                                                                                                   continuing airworthiness information                  Comments will be available in the AD
                                           1200 District Avenue, Burlington, MA. For               (MCAI) issued by the aviation authority               docket shortly after receipt.
                                           information on the availability of this                 of another country to identify and                    FOR FURTHER INFORMATION CONTACT: Karl
                                           material at the FAA, call 781–238–7125.                 correct an unsafe condition on an                     Schletzbaum, Aerospace Engineer, FAA,
                                                                                                   aviation product. The MCAI describes                  Small Airplane Directorate, 901 Locust,
                                           (i) Material Incorporated by Reference
                                                                                                   the unsafe condition as propane leaks                 Room 301, Kansas City, Missouri 64106;
                                              (1) The Director of the Federal Register             found on burners equipped with fuel
                                           approved the incorporation by reference                                                                       telephone: (816) 329–4123; fax: (816)
                                                                                                   hoses made of EGEFLEX material. We                    329–4090; email: karl.schletzbaum@
                                           (IBR) of the service information listed in this
                                           paragraph under 5 U.S.C. 552(a) and 1 CFR               are issuing this AD to require actions to             faa.gov.
                                           part 51.                                                address the unsafe condition on these
                                                                                                                                                         SUPPLEMENTARY INFORMATION:
                                              (2) You must use this service information            products.
ehiers on DSK5VPTVN1PROD with RULES




                                           as applicable to do the actions required by             DATES:  This AD is effective August 29,               Discussion
                                           this AD, unless the AD specifies otherwise.
                                              (i) Rolls-Royce Deutschland Ltd & Co KG,
                                                                                                   2016.                                                   The European Aviation Safety Agency
                                           Time Limits Manual T–TAY–3RR, Chapter                     The Director of the Federal Register                (EASA), which is the Technical Agent
                                           05, Time Limits, Subject 05–10–01, dated                approved the incorporation by reference               for the Member States of the European
                                           September 15, 2014.                                     of a certain publication listed in this AD            Community, has issued AD No. 2016–
                                              (ii) Reserved.                                       as of August 29, 2016.                                0151, dated July 26, 2016 (referred to


                                      VerDate Sep<11>2014   14:39 Aug 22, 2016   Jkt 238001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\23AUR1.SGM   23AUR1


                                           57450             Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations

                                           after this as ‘‘the MCAI’’), to correct an              FAA’s Determination of the Effective                  Authority for This Rulemaking
                                           unsafe condition for hot air balloons                   Date                                                     Title 49 of the United States Code
                                           with Balóny Kubı́ček spol. s.r.o. Model                                                                     specifies the FAA’s authority to issue
                                           Kubı́ček burners equipped with fuel                      An unsafe condition exists that
                                                                                                   requires the immediate adoption of this               rules on aviation safety. Subtitle I,
                                           hoses made of ‘‘EGEFLEX’’ material.                                                                           section 106, describes the authority of
                                           The MCAI states:                                        AD. The FAA has found that the risk to
                                                                                                   the flying public justifies waiving notice            the FAA Administrator. ‘‘Subtitle VII:
                                              Three propane leaks were reported in the             and comment prior to adoption of this                 Aviation Programs,’’ describes in more
                                           recent past on a burner manufactured by                                                                       detail the scope of the Agency’s
                                                                                                   rule because this condition could result
                                           Balóny Kubı́ček spol. s.r.o., equipped with                                                                 authority.
                                           the fuel hoses made of hose material
                                                                                                   in a fire, damaging the balloon and its
                                                                                                   envelope, ultimately leading to an                       We are issuing this rulemaking under
                                           ‘‘EGEFLEX’’.                                                                                                  the authority described in ‘‘Subtitle VII,
                                              This condition, if not detected and                  emergency landing, with consequent
                                                                                                   injury to the occupants and persons on                Part A, Subpart III, section 44701:
                                           corrected, could result in a fire, damaging the
                                                                                                   the ground. Therefore, we determined                  General requirements.’’ Under that
                                           balloon and its envelope, ultimately leading
                                           to an emergency landing, with consequent                that notice and opportunity for public                section, Congress charges the FAA with
                                           injury to balloon occupants and persons on              comment before issuing this AD are                    promoting safe flight of civil aircraft in
                                           the ground.                                             impracticable and that good cause exists              air commerce by prescribing regulations
                                              To address this potential unsafe condition,          for making this amendment effective in                for practices, methods, and procedures
                                           Balóny Kubı́ček spol. s.r.o. (the hose                fewer than 30 days.                                   the Administrator finds necessary for
                                           assemblies’ manufacturer) published Service                                                                   safety in air commerce. This regulation
                                           Bulletin (SB) N° BB/50, BB–S/11, AB24 rev.              Comments Invited                                      is within the scope of that authority
                                           1, which provides instructions for                                                                            because it addresses an unsafe condition
                                                                                                      This AD is a final rule that involves
                                           replacement of the affected fuel hoses with                                                                   that is likely to exist or develop on
                                           an improved part. As the affected burner and            requirements affecting flight safety, and
                                                                                                                                                         products identified in this rulemaking
                                           related fuel hoses can easily be installed on           we did not precede it by notice and
                                                                                                                                                         action.
                                           other hot air balloons, this AD applies to all          opportunity for public comment. We
                                           possibly affected type designs.                         invite you to send any written relevant               Regulatory Findings
                                              For the reasons described above, this AD             data, views, or arguments about this AD.                We determined that this AD will not
                                           required identification and replacement of              Send your comments to an address                      have federalism implications under
                                           the affected fuel hoses.                                listed under the ADDRESSES section.                   Executive Order 13132. This AD will
                                                                                                   Include ‘‘Docket No. FAA–2016–8989;                   not have a substantial direct effect on
                                           You may examine the MCAI on the                         Directorate Identifier 2016–CE–025–
                                           Internet at http://www.regulations.gov                                                                        the States, on the relationship between
                                                                                                   AD’’ at the beginning of your comments.               the national government and the States,
                                           by searching for and locating Docket No.                We specifically invite comments on the
                                           FAA–2016–8989.                                                                                                or on the distribution of power and
                                                                                                   overall regulatory, economic,                         responsibilities among the various
                                           Related Service Information Under 1                     environmental, and energy aspects of                  levels of government.
                                           CFR Part 51                                             this AD. We will consider all comments                  For the reasons discussed above, I
                                                                                                   received by the closing date and may                  certify that this AD:
                                              BALÓNY KUBÍČEK spol. s r.o. has                   amend this AD because of those                          (1) Is not a ‘‘significant regulatory
                                           issued Service Bulletin No. BB/50, BB–                  comments.                                             action’’ under Executive Order 12866,
                                           S/11, AB24 rev.1, dated May 12, 2016.                      We will post all comments we                         (2) Is not a ‘‘significant rule’’ under
                                           The service information describes                       receive, without change, to http://                   the DOT Regulatory Policies and
                                           procedures for replacing all fuel lines on              www.regulations.gov, including any                    Procedures (44 FR 11034, February 26,
                                           burners that utilize EGEFLEX hoses.                     personal information you provide. We                  1979),
                                           This service information is reasonably                  will also post a report summarizing each                (3) Will not affect intrastate aviation
                                           available because the interested parties                substantive verbal contact we receive                 in Alaska, and
                                           have access to it through their normal                  about this AD.                                          (4) Will not have a significant
                                           course of business or by the means
                                                                                                   Costs of Compliance                                   economic impact, positive or negative,
                                           identified in the ADDRESSES section of
                                                                                                                                                         on a substantial number of small entities
                                           this AD.
                                                                                                     We estimate that this AD will affect                under the criteria of the Regulatory
                                           FAA’s Determination and Requirements                    6,400 products of U.S. registry. We also              Flexibility Act.
                                           of This AD                                              estimate that it will take about 0.5 work-            List of Subjects in 14 CFR Part 39
                                                                                                   hour per product to comply with the
                                             This product has been approved by                     basic inspection requirement of this AD.                Air transportation, Aircraft, Aviation
                                           the aviation authority of another                       The average labor rate is $85 per work-               safety, Incorporation by reference,
                                           country, and is approved for operation                  hour.                                                 Safety.
                                           in the United States. Pursuant to our
                                           bilateral agreement with this State of                    Based on these figures, we estimate                 Adoption of the Amendment
                                           Design Authority, they have notified us                 the cost of this AD on U.S. operators to                Accordingly, under the authority
                                           of the unsafe condition described in the                be $272,000, or $42.50 per product.                   delegated to me by the Administrator,
                                           MCAI and service information                              In addition, we estimate that any                   the FAA amends 14 CFR part 39 as
                                           referenced above. We are issuing this                   necessary follow-on actions will take                 follows:
                                           AD because we evaluated all                             about 2 work-hours and require parts
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                                           information provided by the State of                    costing $200, for a cost of $370 per                  PART 39—AIRWORTHINESS
                                           Design Authority and determined the                     product. We have no way of                            DIRECTIVES
                                           unsafe condition exists and is likely to                determining the number of hot air
                                           exist or develop on type certificated                   balloons that may need the replacement,               ■ 1. The authority citation for part 39
                                           products that incorporate the affected                  but we estimate that it will affect no                continues to read as follows:
                                           burners.                                                more than 60 hot air balloons.                            Authority: 49 U.S.C. 106(g), 40113, 44701.



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                                                             Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations                                              57451

                                           § 39.13   [Amended]                                     balloon to which the AMOC applies, notify               (5) You may view this service information
                                                                                                   your appropriate principal inspector (PI) in          that is incorporated by reference at the
                                           ■ 2. The FAA amends § 39.13 by adding                   the FAA Flight Standards District Office              National Archives and Records
                                           the following new AD:                                   (FSDO), or lacking a PI, your local FSDO.             Administration (NARA). For information on
                                           2016–17–04 All Hot Air Balloons:                           (2) Airworthy Product: For any requirement         the availability of this material at NARA, call
                                               Amendment 39–18617; Docket No.                      in this AD to obtain corrective actions from          202–741–6030, or go to: http://
                                               FAA–2016–8989; Directorate Identifier               a manufacturer or other source, use these             www.archives.gov/federal-register/cfr/ibr-
                                               2016–CE–025–AD.                                     actions if they are FAA-approved. Corrective          locations.html.
                                                                                                   actions are considered FAA-approved if they
                                           (a) Effective Date                                      are approved by the State of Design Authority           Issued in Kansas City, Missouri on August
                                                                                                   (or their delegated agent). You are required          16, 2016.
                                              This airworthiness directive (AD) becomes
                                           effective August 29, 2016.                              to assure the product is airworthy before it          Pat Mullen,
                                                                                                   is returned to service.                               Acting Manager, Small Airplane Directorate,
                                           (b) Affected ADs                                           (3) Reporting Requirements: For any                Aircraft Certification Service.
                                             None.                                                 reporting requirement in this AD, a federal           [FR Doc. 2016–19937 Filed 8–22–16; 8:45 am]
                                                                                                   agency may not conduct or sponsor, and a
                                           (c) Applicability                                                                                             BILLING CODE 4910–13–P
                                                                                                   person is not required to respond to, nor
                                              This AD applies to all hot air balloons,             shall a person be subject to a penalty for
                                           certificated in any category, with BALÓNY              failure to comply with a collection of
                                           KUBÍČEK spol. s r.o. Model Kubı́ček burners.         information subject to the requirements of            DEPARTMENT OF COMMERCE
                                           (d) Subject                                             the Paperwork Reduction Act unless that
                                                                                                   collection of information displays a current          Bureau of Industry and Security
                                             Air Transport Association of America                  valid OMB Control Number. The OMB
                                           (ATA) Code 28: Fuel.                                    Control Number for this information                   15 CFR Part 744
                                           (e) Reason                                              collection is 2120–0056. Public reporting for
                                                                                                   this collection of information is estimated to        [Docket No. 160719631–6631–01]
                                              This AD was prompted by mandatory                    be approximately 5 minutes per response,
                                           continuing airworthiness information (MCAI)             including the time for reviewing instructions,        RIN 0694—AH06
                                           issued by the aviation authority of another             completing and reviewing the collection of
                                           country to identify and correct an unsafe               information. All responses to this collection         Addition of Certain Persons to the
                                           condition on an aviation product. The MCAI              of information are mandatory. Comments                Entity List
                                           describes the unsafe condition as propane               concerning the accuracy of this burden and
                                           leaks on burners equipped with fuel hoses               suggestions for reducing the burden should
                                                                                                                                                         AGENCY:  Bureau of Industry and
                                           made of EGEFLEX material. We are issuing                be directed to the FAA at: 800 Independence           Security, Commerce.
                                           this AD to prevent propane leaks in the fuel            Ave. SW., Washington, DC 20591, Attn:                 ACTION: Final rule.
                                           hoses, which could result in a fire, damaging           Information Collection Clearance Officer,
                                           the balloon and its envelope, ultimately                AES–200.                                              SUMMARY:   This final rule amends the
                                           leading to an emergency landing, with                                                                         Export Administration Regulations
                                           consequent injury to the occupants and                  (h) Special Flight Permit
                                                                                                                                                         (EAR) by adding ten persons under
                                           persons on the ground.                                    Special flight permits are prohibited.              fourteen entries to the Entity List. The
                                           (f) Actions and Compliance                              (i) Related Information                               ten persons who are added to the Entity
                                              Unless already done, do the following                   Refer to MCAI European Aviation Safety             List have been determined by the U.S.
                                           actions.                                                Agency (EASA) AD No. 2016–0151, dated                 Government to be acting contrary to the
                                              (1) Within the next 14 days after August             July 26, 2016, for related information. You           national security or foreign policy
                                           29, 2016 (the effective date of this AD),               may examine the MCAI on the Internet at               interests of the United States. These ten
                                           inspect all hot air balloon fuel lines to               http://www.regulations.gov by searching for           persons will be listed on the Entity List
                                           determine if a Kubı́ček fuel hose made of              and locating Docket No. FAA–2016–8989.
                                           ‘‘EGEFLEX’’ material is installed. Do the                                                                     under the destinations of Iraq, the
                                           inspection as following BALÓNY KUBÍČEK               (j) Material Incorporated by Reference                Philippines, Syria, and Turkey.
                                           spol. s r.o.. Service Bulletin No. BB/50, BB–              (1) The Director of the Federal Register           DATES: This rule is effective August 23,
                                           S/11, AB24 rev.1, dated May 12, 2016.                   approved the incorporation by reference               2016.
                                              (2) If any Kubı́ček hose made of                    (IBR) of the service information listed in this       FOR FURTHER INFORMATION CONTACT:
                                           ‘‘EGEFLEX’’ material is found during the                paragraph under 5 U.S.C. 552(a) and 1 CFR
                                           inspection required in paragraph (f)(1) of this                                                               Chair, End-User Review Committee,
                                                                                                   part 51.
                                           AD, before further flight, replace the fuel                (2) You must use this service information          Office of the Assistant Secretary, Export
                                           hose following BALÓNY KUBÍČEK spol. s                as applicable to do the actions required by           Administration, Bureau of Industry and
                                           r.o. Service Bulletin No. BB/50, BB–S/11,               this AD, unless this AD specifies otherwise.          Security, Department of Commerce,
                                           AB24 rev.1, dated May 12, 2016.                            (i) BALÓNY KUBÍČEK spol. s r.o. Service         Phone: (202) 482–5991, Fax: (202) 482–
                                              (3) As of August 29, 2016 (the effective             Bulletin No. BB/50, BB–S/11, AB24 rev.1,              3911, Email: ERC@bis.doc.gov.
                                           date of this AD), do not install a Kubı́ček fuel       dated May 12, 2016.                                   SUPPLEMENTARY INFORMATION:
                                           hose made of ‘‘EGEFLEX’’ material.                         (ii) Reserved.
                                                                                                      (3) For BALÓNY KUBÍČEK spol. s r.o.             Background
                                           (g) Other FAA AD Provisions
                                                                                                   service information identified in this AD,
                                              The following provisions also apply to this          contact BALÓNY KUBÍČEK spol. s r. o., Jarnı́          The Entity List (Supplement No. 4 to
                                           AD:                                                     2a, 614 00 Brno, Czech Republic, telephone:           part 744) identifies entities and other
                                              (1) Alternative Methods of Compliance                +420 545 422 620; fax: +420 545 422 621;              persons reasonably believed to be
                                           (AMOCs): The Manager, Standards Office,                 email: info@kubicekballons.cz. Internet:              involved, or to pose a significant risk of
                                           FAA, has the authority to approve AMOCs                 http://www.kubicekballoons.eu.                        being or becoming involved, in
                                           for this AD, if requested using the procedures             (4) You may view this service information          activities contrary to the national
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                                           found in 14 CFR 39.19. Send information to              at the FAA, Small Airplane Directorate, 901           security or foreign policy interests of the
                                           ATTN: Karl Schletzbaum, Aerospace                       Locust, Kansas City, Missouri 64106. For
                                           Engineer, FAA, Small Airplane Directorate,              information on the availability of this               United States. The EAR imposes
                                           901 Locust, Room 301, Kansas City, Missouri             material at the FAA, call (816) 329–4148. It          additional license requirements on, and
                                           64106; telephone: (816) 329–4123; fax: (816)            is also available on the Internet at http://          limits the availability, of most license
                                           329–4090; email: karl.schletzbaum@faa.gov.              www.regulations.gov by searching for                  exceptions for, exports, reexports, and
                                           Before using any approved AMOC on any                   locating Docket No. FAA–2016–8989.                    transfers (in-country) to those listed.


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Document Created: 2018-02-09 11:40:19
Document Modified: 2018-02-09 11:40:19
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 rule; request for comments.
DatesThis AD is effective August 29, 2016.
ContactKarl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; email: [email protected]
FR Citation81 FR 57449 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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