81 FR 61102 - Airworthiness Directives; All Hot Air Balloons

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 172 (September 6, 2016)

Page Range		61102-61104
FR Document		2016-21409
We are revising Airworthiness Directive (AD) 2016-17-04, which applies to all hot air balloons equipped with BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Model Kub[iacute][ccaron]ek burners. Both the original and revised AD result 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. This AD action revises AD 2016-17-04 to eliminate certain unnecessary documentation requirements.
Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016)
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Rules and Regulations]
[Pages 61102-61104]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21409]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8989; Directorate Identifier 2016-CE-025-AD; 
Amendment 39-18641; AD 2016-17-04 R1]
RIN 2120-AA64


Airworthiness Directives; All Hot Air Balloons

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are revising Airworthiness Directive (AD) 2016-17-04, which 
applies to all hot air balloons equipped with BAL[Oacute]NY 
KUB[Iacute][Ccaron]EK spol. s r.o. Model Kub[iacute][ccaron]ek burners. 
Both the original and revised AD result 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. This AD action revises AD 2016-17-04 to eliminate 
certain unnecessary documentation requirements.

DATES: This AD is effective on September 6, 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 (81 FR 57449, August 23, 2016).
    We must receive comments on this AD by October 21, 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: [email protected]; 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: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On August 16, 2016, we issued AD 2016-17-04, Amendment 39-18617 (81 
FR 57449, August 23, 2016). That AD required actions intended to 
address an unsafe condition on all hot air balloons equipped with a 
Kub[iacute][ccaron]ek burner and was based on mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country. That 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.
    Since we issued AD 2016-17-04, Amendment 39-18617 (81 FR 57449, 
August 23, 2016), we have determined that the AD should be revised to 
eliminate the unnecessary need to document the AD by logbook entry when 
the hot air balloon does not have fuel hoses made of ``EGEFLEX'' 
material. Therefore, the FAA determined that the inspection required 
should be eliminated and the applicability should be narrowed to only 
include those balloons that have both the Kub[iacute][ccaron]ek burner 
and fuel hoses made of ``EGEFLEX'' material installed.

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 hoses 
on burners that are made of ``EGEFLEX'' material. 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

[[Page 61103]]

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 60 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the replacement requirement of this AD. The average labor 
rate is $85 per work-hour. Parts cost is about $200 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $22,200, or $ 370 per product.

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.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing AD 2016-17-04, Amendment 39-
18617 (81 FR 57449, August 23, 2016), and adding the following new AD:

2016-17-04 R1 ALL HOT AIR BALLOONS: Amendment 39-18641; Docket No. 
FAA-2016-8989; Directorate Identifier 2016-CE-025-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective on September 
6, 2016.

(b) Affected ADs

    This AD replaces AD 2016-17-04, Amendment 39-18617 (81 FR 57449, 
August 23, 2016) (``AD 2016-17-04'').

(c) Applicability

    This AD applies to all hot air balloons, certificated in any 
category, that are equipped with all of the following:
    (1) a BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Model 
Kub[iacute][ccaron]ek burner; and
    (2) fuel hose(s) made of ``EGEFLEX'' material.

(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. This AD action revises 
AD 2016-17-04 to eliminate the unnecessary need to document the AD 
by logbook entry when the hot air balloon does not have fuel hoses 
made of ``EGEFLEX'' material. This is done by eliminating the 
inspection required and narrowing the applicability to only include 
those balloons that have both the Kub[iacute][ccaron]ek burner and 
fuel hoses made of ``EGEFLEX'' material.

(f) Actions and Compliance

    Unless already done, no later than September 12, 2016 (this date 
is 14 days after August 29, 2016, which was the effective date of AD 
2016-17-04), replace any fuel hose made of ``EGEFLEX'' material 
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.

(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)

[[Page 61104]]

329-4090; email: [email protected]. 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.
    (3) The following service information was approved for IBR on 
August 29, 2016 (81 FR 57449, August 23, 2016).
    (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.
    (4) 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: [email protected]. Internet: http://www.kubicekballoons.eu.
    (5) 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.
    (6) 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 30, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service..
[FR Doc. 2016-21409 Filed 9-2-16; 8:45 am]
BILLING CODE 4910-13-P
61102 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations

3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal
Register for notice and comment.

* * * * * • Hand Delivery: U.S. Department of This condition, if not detected and
Transportation, Docket Operations, M– corrected, could result in a fire, damaging the
Dated at Rockville, Maryland, this 30th day balloon and its envelope, ultimately leading
of August, 2016. 30, West Building Ground Floor, Room
to an emergency landing, with consequent
For the Nuclear Regulatory Commission. W12–140, 1200 New Jersey Avenue SE.,
injury to balloon occupants and persons on
Cindy Bladey,
Washington, DC 20590, between 9 a.m. the ground.
and 5 p.m., Monday through Friday, To address this potential unsafe condition,
Chief, Rules, Announcements and Directives
Branch, Division of Administrative Services,
except Federal holidays. Balóny Kubı́ček spol. s.r.o. (the hose
Office of Administration. For service information identified in assemblies’ manufacturer) published Service
this AD, contact BALÓNY KUBÍČEK Bulletin (SB) N° BB/50, BB–S/11, AB24 rev.
[FR Doc. 2016–21270 Filed 9–2–16; 8:45 am]
spol. s r. o., Jarnı́ 2a, 614 00 Brno, Czech 1, which provides instructions for
BILLING CODE 7590–01–P replacement of the affected fuel hoses with
Republic, telephone: +420 545 422 620;
fax: +420 545 422 621; email: info@ an improved part. As the affected burner and
related fuel hoses can easily be installed on
kubicekballons.cz; Internet: http:// other hot air balloons, this AD applies to all
DEPARTMENT OF TRANSPORTATION www.kubicekballoons.eu. You may view possibly affected type designs.
this referenced service information at For the reasons described above, this AD
Federal Aviation Administration
the FAA, Small Airplane Directorate, required identification and replacement of
901 Locust, Kansas City, Missouri the affected fuel hoses.
14 CFR Part 39
64106. For information on the You may examine the MCAI on the
[Docket No. FAA–2016–8989; Directorate availability of this material at the FAA, Internet at http://www.regulations.gov
Identifier 2016–CE–025–AD; Amendment call (816) 329–4148. It is also available
39–18641; AD 2016–17–04 R1] by searching for and locating Docket No.
on the Internet at http:// FAA–2016–8989.
RIN 2120–AA64 www.regulations.gov by searching for Since we issued AD 2016–17–04,
locating Docket No. FAA–2016–8989. Amendment 39–18617 (81 FR 57449,
Airworthiness Directives; All Hot Air August 23, 2016), we have determined
Examining the AD Docket
Balloons that the AD should be revised to
You may examine the AD docket on eliminate the unnecessary need to
AGENCY: Federal Aviation the Internet at http://
Administration (FAA), DOT. document the AD by logbook entry
www.regulations.gov by searching for when the hot air balloon does not have
ACTION: Final rule; request for and locating Docket No. FAA–2016– fuel hoses made of ‘‘EGEFLEX’’
comments. 8989; or in person at the Docket material. Therefore, the FAA
Management Facility between 9 a.m. determined that the inspection required
SUMMARY: We are revising Airworthiness
and 5 p.m., Monday through Friday, should be eliminated and the
Directive (AD) 2016–17–04, which except Federal holidays. The AD docket
applies to all hot air balloons equipped applicability should be narrowed to
contains this AD, the regulatory only include those balloons that have
with BALÓNY KUBÍČEK spol. s r.o. evaluation, any comments received, and
Model Kubı́ček burners. Both the both the Kubı́ček burner and fuel hoses
other information. The street address for made of ‘‘EGEFLEX’’ material installed.
original and revised AD result from the Docket Office (telephone (800) 647–
mandatory continuing airworthiness 5527) is in the ADDRESSES section. Related Service Information Under 1
information (MCAI) issued by the Comments will be available in the AD CFR Part 51
aviation authority of another country to docket shortly after receipt.
identify and correct an unsafe condition BALÓNY KUBÍČEK spol. s r.o. has
FOR FURTHER INFORMATION CONTACT: Karl issued Service Bulletin No. BB/50, BB–
on an aviation product. This AD action
Schletzbaum, Aerospace Engineer, FAA, S/11, AB24 rev.1, dated May 12, 2016.
revises AD 2016–17–04 to eliminate
Small Airplane Directorate, 901 Locust, The service information describes
certain unnecessary documentation
Room 301, Kansas City, Missouri 64106; procedures for replacing all fuel hoses
requirements.
telephone: (816) 329–4123; fax: (816) on burners that are made of ‘‘EGEFLEX’’
DATES: This AD is effective on 329–4090; email: karl.schletzbaum@ material. This service information is
September 6, 2016. faa.gov. reasonably available because the
The Director of the Federal Register interested parties have access to it
SUPPLEMENTARY INFORMATION:
approved the incorporation by reference through their normal course of business
of a certain publication listed in this AD Discussion or by the means identified in the
as of August 29, 2016 (81 FR 57449, On August 16, 2016, we issued AD ADDRESSES section of this AD.
August 23, 2016). 2016–17–04, Amendment 39–18617 (81
We must receive comments on this FAA’s Determination and Requirements
FR 57449, August 23, 2016). That AD
AD by October 21, 2016. of This AD
required actions intended to address an
ADDRESSES: You may send comments by unsafe condition on all hot air balloons This product has been approved by
any of the following methods: equipped with a Kubı́ček burner and the aviation authority of another
• Federal eRulemaking Portal: Go to was based on mandatory continuing country, and is approved for operation
http://www.regulations.gov. Follow the airworthiness information (MCAI) in the United States. Pursuant to our
instructions for submitting comments. originated by an aviation authority of bilateral agreement with this State of
ehiers on DSK5VPTVN1PROD with RULES

• Fax: (202) 493–2251. another country. That MCAI states: Design Authority, they have notified us
• Mail: U.S. Department of Three propane leaks were reported in the
of the unsafe condition described in the
Transportation, Docket Operations, M– recent past on a burner manufactured by MCAI and service information
30, West Building Ground Floor, Room Balóny Kubı́ček spol. s.r.o., equipped with referenced above. We are issuing this
W12–140, 1200 New Jersey Avenue SE., the fuel hoses made of hose material AD because we evaluated all
Washington, DC 20590. ‘‘EGEFLEX’’. information provided by the State of

VerDate Sep<11>2014 15:06 Sep 02, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\06SER1.SGM 06SER1
Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations 61103

Design Authority and determined the section 106, describes the authority of 2016), and adding the following new
unsafe condition exists and is likely to the FAA Administrator. ‘‘Subtitle VII: AD:
exist or develop on type certificated Aviation Programs,’’ describes in more 2016–17–04 R1 ALL HOT AIR BALLOONS:
products that incorporate the affected detail the scope of the Agency’s Amendment 39–18641; Docket No.
burners. authority. FAA–2016–8989; Directorate Identifier
We are issuing this rulemaking under 2016–CE–025–AD.
FAA’s Determination of the Effective
the authority described in ‘‘Subtitle VII, (a) Effective Date
Date
Part A, Subpart III, section 44701:
An unsafe condition exists that This airworthiness directive (AD) becomes
General requirements.’’ Under that
effective on September 6, 2016.
requires the immediate adoption of this section, Congress charges the FAA with
AD. The FAA has found that the risk to promoting safe flight of civil aircraft in (b) Affected ADs
the flying public justifies waiving notice air commerce by prescribing regulations This AD replaces AD 2016–17–04,
and comment prior to adoption of this for practices, methods, and procedures Amendment 39–18617 (81 FR 57449, August
rule because this condition could result the Administrator finds necessary for 23, 2016) (‘‘AD 2016–17–04’’).
in a fire, damaging the balloon and its safety in air commerce. This regulation (c) Applicability
envelope, ultimately leading to an is within the scope of that authority This AD applies to all hot air balloons,
emergency landing, with consequent because it addresses an unsafe condition certificated in any category, that are
injury to the occupants and persons on that is likely to exist or develop on equipped with all of the following:
the ground. Therefore, we determined products identified in this rulemaking (1) a BALÓNY KUBÍČEK spol. s r.o. Model
that notice and opportunity for public action. Kubı́ček burner; and
comment before issuing this AD are (2) fuel hose(s) made of ‘‘EGEFLEX’’
impracticable and that good cause exists Regulatory Findings material.
for making this amendment effective in We determined that this AD will not (d) Subject
fewer than 30 days. have federalism implications under
Air Transport Association of America
Executive Order 13132. This AD will
Comments Invited (ATA) Code 28: Fuel.
not have a substantial direct effect on
This AD is a final rule that involves the States, on the relationship between (e) Reason
requirements affecting flight safety, and the national government and the States, This AD was prompted by mandatory
we did not precede it by notice and or on the distribution of power and continuing airworthiness information (MCAI)
opportunity for public comment. We responsibilities among the various issued by the aviation authority of another
invite you to send any written relevant levels of government. country to identify and correct an unsafe
data, views, or arguments about this AD. For the reasons discussed above, I condition on an aviation product. The MCAI
Send your comments to an address certify that this AD: describes the unsafe condition as propane
listed under the ADDRESSES section. leaks on burners equipped with fuel hoses
(1) Is not a ‘‘significant regulatory
made of ‘‘EGEFLEX’’ material. We are issuing
Include ‘‘Docket No. FAA–2016–8989; action’’ under Executive Order 12866, this AD to prevent propane leaks in the fuel
Directorate Identifier 2016–CE–025– (2) Is not a ‘‘significant rule’’ under hoses, which could result in a fire, damaging
AD’’ at the beginning of your comments. the DOT Regulatory Policies and the balloon and its envelope, ultimately
We specifically invite comments on the Procedures (44 FR 11034, February 26, leading to an emergency landing, with
overall regulatory, economic, 1979), consequent injury to the occupants and
environmental, and energy aspects of (3) Will not affect intrastate aviation persons on the ground. This AD action
this AD. We will consider all comments in Alaska, and revises AD 2016–17–04 to eliminate the
received by the closing date and may (4) Will not have a significant unnecessary need to document the AD by
amend this AD because of those economic impact, positive or negative, logbook entry when the hot air balloon does
not have fuel hoses made of ‘‘EGEFLEX’’
comments. on a substantial number of small entities
material. This is done by eliminating the
We will post all comments we under the criteria of the Regulatory inspection required and narrowing the
receive, without change, to http:// Flexibility Act. applicability to only include those balloons
www.regulations.gov, including any that have both the Kubı́ček burner and fuel
List of Subjects in 14 CFR Part 39
personal information you provide. We hoses made of ‘‘EGEFLEX’’ material.
will also post a report summarizing each Air transportation, Aircraft, Aviation
safety, Incorporation by reference, (f) Actions and Compliance
substantive verbal contact we receive
about this AD. Safety. Unless already done, no later than
September 12, 2016 (this date is 14 days after
Costs of Compliance Adoption of the Amendment August 29, 2016, which was the effective
Accordingly, under the authority date of AD 2016–17–04), replace any fuel
We estimate that this AD will affect
hose made of ‘‘EGEFLEX’’ material following
60 products of U.S. registry. We also delegated to me by the Administrator, BALÓNY KUBÍČEK spol. s r.o. Service
estimate that it will take about 2 work- the FAA amends 14 CFR part 39 as Bulletin No. BB/50, BB–S/11, AB24 rev.1,
hours per product to comply with the follows: dated May 12, 2016.
replacement requirement of this AD.
PART 39—AIRWORTHINESS (g) Other FAA AD Provisions
The average labor rate is $85 per work-
hour. Parts cost is about $200 per DIRECTIVES The following provisions also apply to this
product. AD:
Based on these figures, we estimate ■ 1. The authority citation for part 39 (1) Alternative Methods of Compliance
the cost of this AD on U.S. operators to continues to read as follows: (AMOCs): The Manager, Standards Office,
ehiers on DSK5VPTVN1PROD with RULES

FAA, has the authority to approve AMOCs
be $22,200, or $ 370 per product. Authority: 49 U.S.C. 106(g), 40113, 44701.
for this AD, if requested using the procedures
Authority for This Rulemaking § 39.13 [Amended] found in 14 CFR 39.19. Send information to
ATTN: Karl Schletzbaum, Aerospace
Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by Engineer, FAA, Small Airplane Directorate,
specifies the FAA’s authority to issue removing AD 2016–17–04, Amendment 901 Locust, Room 301, Kansas City, Missouri
rules on aviation safety. Subtitle I, 39–18617 (81 FR 57449, August 23, 64106; telephone: (816) 329–4123; fax: (816)

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61104 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Rules and Regulations

329–4090; email: karl.schletzbaum@faa.gov. information on the availability of this Phone: 202–482–5991; Email: ERC@
Before using any approved AMOC on any material at the FAA, call (816) 329–4148. It bis.doc.gov.
balloon to which the AMOC applies, notify is also available on the Internet at http://
your appropriate principal inspector (PI) in www.regulations.gov by searching for SUPPLEMENTARY INFORMATION:
the FAA Flight Standards District Office locating Docket No. FAA–2016–8989.
(FSDO), or lacking a PI, your local FSDO. (6) You may view this service information Background
(2) Airworthy Product: For any requirement that is incorporated by reference at the
in this AD to obtain corrective actions from National Archives and Records Authorization Validated End-User
a manufacturer or other source, use these Administration (NARA). For information on
actions if they are FAA-approved. Corrective the availability of this material at NARA, call Validated End-Users (VEUs) are
actions are considered FAA-approved if they 202–741–6030, or go to: http:// designated entities located in eligible
are approved by the State of Design Authority www.archives.gov/federal-register/cfr/ibr- destinations to which eligible items may
(or their delegated agent). You are required locations.html. be exported, reexported, or transferred
to assure the product is airworthy before it
Issued in Kansas City, Missouri, on August (in-country) under a general
is returned to service.
(3) Reporting Requirements: For any 30, 2016. authorization instead of a license. The
reporting requirement in this AD, a federal Pat Mullen, names of the VEUs, as well as the dates
agency may not conduct or sponsor, and a Acting Manager, Small Airplane Directorate, they were so designated, and their
person is not required to respond to, nor Aircraft Certification Service. respective eligible destinations
shall a person be subject to a penalty for [FR Doc. 2016–21409 Filed 9–2–16; 8:45 am] (facilities) and items are identified in
failure to comply with a collection of
BILLING CODE 4910–13–P supplement No. 7 to part 748 of the
information subject to the requirements of
the Paperwork Reduction Act unless that EAR. Under the terms described in that
collection of information displays a current supplement, VEUs may obtain eligible
valid OMB Control Number. The OMB DEPARTMENT OF COMMERCE items without an export license from
Control Number for this information BIS, in conformity with § 748.15 of the
collection is 2120–0056. Public reporting for Bureau of Industry and Security EAR. Eligible items vary between VEUs
this collection of information is estimated to
and may include commodities, software,
be approximately 5 minutes per response,
including the time for reviewing instructions, 15 CFR Part 748 and technology, except those controlled
completing and reviewing the collection of for missile technology or crime control
[Docket No. 160810722–6722–01]
information. All responses to this collection reasons on the Commerce Control List
of information are mandatory. Comments RIN 0694–AH05 (CCL) (part 774 of the EAR).
concerning the accuracy of this burden and
suggestions for reducing the burden should VEUs are reviewed and approved by
Amendments to Existing Validated
be directed to the FAA at: 800 Independence the U.S. Government in accordance with
End-User Authorization in the People’s
Ave. SW., Washington, DC 20591, Attn:
Republic of China: Boeing Tianjin the provisions of § 748.15 and
Information Collection Clearance Officer, supplement Nos. 8 and 9 to part 748 of
AES–200. Composites Co. Ltd.
the EAR. The End-User Review
(h) Special Flight Permit AGENCY: Bureau of Industry and Committee (ERC), composed of
Special flight permits are prohibited. Security, Commerce. representatives from the Departments of
ACTION: Final rule. State, Defense, Energy, Commerce, and
(i) Related Information
other agencies as appropriate, is
Refer to MCAI European Aviation Safety SUMMARY: In this rule, the Bureau of responsible for administering the VEU
Agency (EASA) AD No. 2016–0151, dated Industry and Security (BIS) amends the
July 26, 2016, for related information. You
program. BIS amended the EAR in a
Export Administration Regulations final rule published on June 19, 2007
may examine the MCAI on the Internet at (EAR) to revise the existing Validated
http://www.regulations.gov by searching for (72 FR 33646), to create Authorization
End-User (VEU) list for the People’s
and locating Docket No. FAA–2016–8989. VEU.
Republic of China (PRC) by updating the
(j) Material Incorporated by Reference list of eligible destinations (facilities) for Amendment to Existing VEU
(1) The Director of the Federal Register VEU Boeing Tianjin Composites Co. Ltd. Authorization for Boeing Tianjin
approved the incorporation by reference (BTC). Specifically, BIS amends Composites Co. Ltd. (BTC) in the
(IBR) of the service information listed in this supplement No. 7 to part 748 of the EAR People’s Republic of China
paragraph under 5 U.S.C. 552(a) and 1 CFR to change the written address of BTC’s
part 51. Revision to the List of ‘‘Eligible
existing facility. The physical location
(2) You must use this service information Destinations’’ for BTC
as applicable to do the actions required by of the facility has not changed. BIS
this AD, unless this AD specifies otherwise. updated the facility address after
In this rule, BIS amends supplement
(3) The following service information was receiving notification of the change from
BTC. The End-User Review Committee No. 7 to part 748 to revise BTC’s VEU
approved for IBR on August 29, 2016 (81 FR
57449, August 23, 2016). reviewed and authorized the authorization. Specifically, in this rule,
(i) BALÓNY KUBÍČEK spol. s r.o. Service amendment in accordance with BIS updates the written address of
Bulletin No. BB/50, BB–S/11, AB24 rev.1, established procedures. The updated BTC’s facility in the People’s Republic
dated May 12, 2016. of China to which the company’s
address contributes to maintaining
(ii) Reserved. eligible items may be exported,
(4) For BALÓNY KUBÍČEK spol. s r.o. accurate location information for BTC’s
service information identified in this AD, VEU. reexported or transferred (in-country).
contact BALÓNY KUBÍČEK spol. s r. o., Jarnı́ DATES: This rule is effective September The physical location of the facility has
ehiers on DSK5VPTVN1PROD with RULES

2a, 614 00 Brno, Czech Republic, telephone: 6, 2016. not changed.
+420 545 422 620; fax: +420 545 422 621; The amendment to the address of
FOR FURTHER INFORMATION CONTACT:
email: info@kubicekballons.cz. Internet:
http://www.kubicekballoons.eu. Chair, End-User Review Committee, BTC’s facility is in response to a request
(5) You may view this service information Office of the Assistant Secretary, Export from BTC. This amendment was
at the FAA, Small Airplane Directorate, 901 Administration, Bureau of Industry and approved by the ERC. The revision is as
Locust, Kansas City, Missouri 64106. For Security, U.S. Department of Commerce, follows:

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Document Created: 2018-02-09 12:03:59
Document Modified: 2018-02-09 12:03:59
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; request for comments.
Dates		This AD is effective on September 6, 2016.
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: [email protected]
FR Citation		81 FR 61102
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
81 FR 61102 - Airworthiness Directives; All Hot Air Balloons

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 172 (September 6, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
