Airworthiness Directives; Lindstrand Balloons Ltd. Models 42A, 56A, 77A, 105A, 150A, 210A, 260A, 60A, 69A, 90A, 120A, 180A, 240A, and 310A Balloons, 13113-13115 [E8-4759]

Download as PDF Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations inspection thereafter at the intervals specified in Table 1 of paragraph 1.E ‘‘Compliance’’ of the applicable service bulletin. Previously Accomplished Actions (h) For airplanes on which the drive mechanism of the horizontal stabilizer was replaced before the effective date of this AD with a drive mechanism that was not new or overhauled, and the detailed and freeplay inspections were not accomplished in accordance with Boeing Alert Service Bulletin 767–27A0194 or 767–27A0195, both dated August 21, 2003: Within 3,500 flight hours or 24 months after the effective date of this AD, whichever is first, accomplish the inspections and perform all applicable corrective actions before further flight in accordance with Work Package 3 of the Accomplishment Instructions of Boeing Service Bulletin 767–27A0194 or Boeing Service Bulletin 767–27A0195, both Revision 1, both dated July 21, 2005; or both Revision 2, both dated July 13, 2006; as applicable. As of the effective date of this AD only Revision 2 of the service bulletins may be used. (i) For Model 767 airplanes that have line numbers 002 through 175 inclusive: Accomplishing the initial inspection, applicable corrective action, and lubrication before the effective date of this AD in accordance with Boeing Alert Service Bulletin 767–27A0185, dated July 10, 2003; is considered acceptable for compliance with the applicable actions required by paragraph (f) of this AD. Note 1: Boeing Service Bulletins 767– 27A0194 and 767–27A0195, both Revision 2, both dated July 13, 2006, refer to the applicable Boeing 767 Airplane Maintenance Manuals as additional sources of service information for accomplishing the detailed inspections, lubrications, freeplay measurements, and corrective action. jlentini on PROD1PC65 with RULES Parts Installation (j) As of the effective date of this AD, no person may install on any airplane a horizontal stabilizer trim actuator unless it is new or has been overhauled as specified in Boeing Service Bulletins 767–27A0194 and 767–27A0195, both Revision 2, both dated July 13, 2006; or has been inspected, lubricated, and measured in accordance with paragraph (f) of this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference (l) You must use Boeing Service Bulletin 767–27A0194, Revision 2, dated July 13, VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 2006; or Boeing Service Bulletin 767– 27A0195, Revision 2, dated July 13, 2006; as applicable; to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207 for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; or 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: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. 13113 DEPARTMENT OF TRANSPORTATION (DOT) This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective April 1, 2008. On April 1, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive comments on this AD by April 11, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://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. Federal Aviation Administration Examining the AD Docket Issued in Renton, Washington, on February 28, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–4677 Filed 3–11–08; 8:45 am] BILLING CODE 4910–13–P 14 CFR Part 39 [Docket No. FAA–2008–0283; Directorate Identifier 2008–CE–013–AD; Amendment 39–15427; AD 2008–06–15] RIN 2120–AA64 Airworthiness Directives; Lindstrand Balloons Ltd. Models 42A, 56A, 77A, 105A, 150A, 210A, 260A, 60A, 69A, 90A, 120A, 180A, 240A, and 310A Balloons Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. 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: Defective burner hoses have been identified which might develop a leak. A significant leak, if it was ignited, could hazard the balloon and occupants. Since the issue of AD G–2003–0010 there have been occurrences of hose failure in batches not identified in the earlier bulletins. LHAB Service Bulletin (SB) No 11 supersedes the earlier SBs and revises the applicability as required. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains 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: Taylor Martin, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– 4138; fax: (816) 329–4090. SUPPLEMENTARY INFORMATION: Discussion The United Kingdom Civil Aviation Authority, which is the aviation authority for the United Kingdom, has issued Emergency Airworthiness Directive AD No: G–2008–0001, dated January 9, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: Defective burner hoses have been identified which might develop a leak. A significant leak, if it was ignited, could hazard the balloon and occupants. Since the issue of AD G–2003–0010 there have been occurrences of hose failure in batches not identified in the earlier bulletins. E:\FR\FM\12MRR1.SGM 12MRR1 13114 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations LHAB Service Bulletin (SB) No 11 supersedes the earlier SBs and revises the applicability as required. The MCAI requires you inspect the hose and to identify whether the hose is from the affected batch of hoses and to inspect and replace any defective hose and end fitting from the affected batch. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Lindstrand Balloons Ltd. has issued Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. jlentini on PROD1PC65 with RULES FAA’s Determination and Requirements of the 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 other products of the same type design. This AD is considered an interim action because we are not including a mandatory terminating requirement to replace the hose in this AD; it is only required if the hose has been found to be defective. The Administrative Procedure Act does not permit the FAA to ‘‘bootstrap’’ a long-term requirement into an urgent safety of flight action where the rule becomes effective at the same time the public has the opportunity to comment. The short-term action and the long-term action are analyzed separately for justification to bypass prior public notice. After issuing this AD, we may initiate further AD action (notice of proposed rulemaking followed by a final rule) to require such a terminating action. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 provided in the MCAI and related service information. We might have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. 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 defective burner hoses have been identified which might develop a leak, which could ignite and endanger the balloon and occupants. 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–2008–0283; Directorate Identifier 2008–CE–013– 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 https:// 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. 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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 DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) 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. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. 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: I PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: I 2008–06–15 Lindstrand Balloons Ltd.: Amendment 39–15427; Docket No. FAA–2008–0283; Directorate Identifier 2008–CE–013–AD. Effective Date (a) This airworthiness directive (AD) becomes effective April 1, 2008. Affected ADs (b) None. E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Rules and Regulations Applicability (c) This AD applies to Models 42A, 56A, 60A, 69A, 77A, 90A, 105A, 120A, 150A, 180A, 210A, 240A, 260A, and 310A balloons that are: (i) Certificated in any category; and (ii) Equipped with burners with serial numbers BU502 through BU792, except BU507, BU511, BU512, BU614, BU643, BU655, BU656, BU719, BU723, BU746, BU749, BU752, BU754, BU762, BU779, BU781, BU785, BU787, and BU789. Subject (d) Air Transport Association of America (ATA) Code 28: Fuel. Reason (e) The mandatory continuing airworthiness information (MCAI) states: Defective burner hoses have been identified which might develop a leak. A significant leak, if it was ignited, could hazard the balloon and occupants. Since the issue of AD G–2003–0010 there have been occurrences of hose failure in batches not identified in the earlier bulletins. LHAB Service Bulletin (SB) No. 11 supersedes the earlier SBs and revises the applicability as required. The MCAI requires you inspect the hose and to identify whether the hose is from the affected batch of hoses and to inspect and replace any defective hose and end fitting from the affected batch. Actions and Compliance (f) Unless already done, do the following actions: (1) Before further flight as of April 1, 2008 (the effective date of this AD) inspect the balloon burner to determine whether it has a hose from the affected batch of hoses following Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007. (2) As a result of the inspection required by (f)(1) of this AD, if you find a hose from the affected batch, before further flight inspect for leaks and conduct a pressure test following Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007, and repetitively thereafter inspect and conduct a pressure test at intervals not to exceed 10 hours time-inservice. (3) As a result of any inspection or test required by (f)(2) of this AD, if you find a defective hose, replace it and the end fitting with a new hose and new end fitting before further flight. This action terminates the repetitive requirement in (f)(2) of this AD. Note 1: You may replace the hose and end fitting at any time to terminate the repetitive inspection and testing requirements of this AD. (2) This AD is considered an interim action because we are not including the mandatory replacement terminating action in this AD (replacement is only required by this AD if a defective hose is found in an inspection or test). The Administrative Procedure Act does not permit the FAA to ‘‘bootstrap’’ a longterm requirement into an urgent safety of flight action where the rule becomes effective at the same time the public has the opportunity to comment. The short-term action and the long-term action are analyzed separately for justification to bypass prior public notice. (3) After issuing this AD, we may initiate further AD action (notice of proposed rulemaking followed by a final rule) to require a terminating action to the repetitive inspection and test. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4138; fax: (816) 329– 4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Special Flight Permit (h) We are not allowing any special flight permits. jlentini on PROD1PC65 with RULES FAA AD Differences Related Information (i) Refer to MCAI United Kingdom Civil Aviation Authority Emergency Airworthiness Directive AD No: G–2008–0001, dated January 9, 2008, and Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007, for related information. Note 2: This AD differs from the MCAI and/or service information as follows: (1) The MCAI and the service information specify repetitive inspections if no leaks are detected during the initial required inspection, until the next annual inspection, at which time replacing the hose and end fitting is required. Material Incorporated by Reference (j) You must use Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of VerDate Aug<31>2005 17:40 Mar 11, 2008 Jkt 214001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 13115 this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact Lindstrand Balloons Ltd., Maesbury Road, OSWESTRY, Shropshire SY10 8ZZ, England; telephone: +44 1691– 671717; facsimile: +44 1691–671122. (3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or 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: https://www.archives.gov/federal-register/ cfr/ibr-locations.html. Issued in Kansas City, Missouri on March 4, 2008. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–4759 Filed 3–11–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0035; Directorate Identifier 2007–CE–103–AD; Amendment 39–15424; AD 2008–06–12] RIN 2120–AA64 Airworthiness Directives; British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 3201 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Two incidents have been reported where the normal hydraulic supplies were lost due to failure/loss of the steering jack gland housing. This has been attributed to preexisting thread damage on the steering jack gland housing. Three previous failures may also be due to this failure mechanism. Failure of the steering jack gland housing resulted in significant damage to the right hand undercarriage bay door, and could result in the nose landing gear jamming in a fully or partially retracted position. Landing in such a condition is considered as potentially unsafe due to the degraded control of the aircraft post touch down. E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13113-13115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4759]


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

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0283; Directorate Identifier 2008-CE-013-AD; 
Amendment 39-15427; AD 2008-06-15]
RIN 2120-AA64


Airworthiness Directives; Lindstrand Balloons Ltd. Models 42A, 
56A, 77A, 105A, 150A, 210A, 260A, 60A, 69A, 90A, 120A, 180A, 240A, and 
310A Balloons

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. 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:

    Defective burner hoses have been identified which might develop 
a leak. A significant leak, if it was ignited, could hazard the 
balloon and occupants.
    Since the issue of AD G-2003-0010 there have been occurrences of 
hose failure in batches not identified in the earlier bulletins. 
LHAB Service Bulletin (SB) No 11 supersedes the earlier SBs and 
revises the applicability as required.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective April 1, 2008.
    On April 1, 2008, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.
    We must receive comments on this AD by April 11, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
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.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains 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: Taylor Martin, Aerospace Engineer, 901 
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4138; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The United Kingdom Civil Aviation Authority, which is the aviation 
authority for the United Kingdom, has issued Emergency Airworthiness 
Directive AD No: G-2008-0001, dated January 9, 2008 (referred to after 
this as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Defective burner hoses have been identified which might develop 
a leak. A significant leak, if it was ignited, could hazard the 
balloon and occupants.
    Since the issue of AD G-2003-0010 there have been occurrences of 
hose failure in batches not identified in the earlier bulletins.

[[Page 13114]]

LHAB Service Bulletin (SB) No 11 supersedes the earlier SBs and 
revises the applicability as required.

    The MCAI requires you inspect the hose and to identify whether the 
hose is from the affected batch of hoses and to inspect and replace any 
defective hose and end fitting from the affected batch.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Lindstrand Balloons Ltd. has issued Lindstrand Hot Air Balloons 
Ltd. Service Bulletin No. 11, Issue 1, dated September 24, 2007. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the 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 other products of the same type design.
    This AD is considered an interim action because we are not 
including a mandatory terminating requirement to replace the hose in 
this AD; it is only required if the hose has been found to be 
defective. The Administrative Procedure Act does not permit the FAA to 
``bootstrap'' a long-term requirement into an urgent safety of flight 
action where the rule becomes effective at the same time the public has 
the opportunity to comment. The short-term action and the long-term 
action are analyzed separately for justification to bypass prior public 
notice.
    After issuing this AD, we may initiate further AD action (notice of 
proposed rulemaking followed by a final rule) to require such a 
terminating action.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

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 
defective burner hoses have been identified which might develop a leak, 
which could ignite and endanger the balloon and occupants. 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-2008-0283; Directorate 
Identifier 2008-CE-013-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 https://
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.

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 DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13  [Amended]

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

2008-06-15 Lindstrand Balloons Ltd.: Amendment 39-15427; Docket No. 
FAA-2008-0283; Directorate Identifier 2008-CE-013-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 1, 
2008.

Affected ADs

    (b) None.

[[Page 13115]]

Applicability

    (c) This AD applies to Models 42A, 56A, 60A, 69A, 77A, 90A, 
105A, 120A, 150A, 180A, 210A, 240A, 260A, and 310A balloons that 
are:
    (i) Certificated in any category; and
    (ii) Equipped with burners with serial numbers BU502 through 
BU792, except BU507, BU511, BU512, BU614, BU643, BU655, BU656, 
BU719, BU723, BU746, BU749, BU752, BU754, BU762, BU779, BU781, 
BU785, BU787, and BU789.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Defective burner hoses have been identified which might develop 
a leak. A significant leak, if it was ignited, could hazard the 
balloon and occupants.
    Since the issue of AD G-2003-0010 there have been occurrences of 
hose failure in batches not identified in the earlier bulletins. 
LHAB Service Bulletin (SB) No. 11 supersedes the earlier SBs and 
revises the applicability as required.
    The MCAI requires you inspect the hose and to identify whether 
the hose is from the affected batch of hoses and to inspect and 
replace any defective hose and end fitting from the affected batch.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight as of April 1, 2008 (the effective 
date of this AD) inspect the balloon burner to determine whether it 
has a hose from the affected batch of hoses following Lindstrand Hot 
Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated September 
24, 2007.
    (2) As a result of the inspection required by (f)(1) of this AD, 
if you find a hose from the affected batch, before further flight 
inspect for leaks and conduct a pressure test following Lindstrand 
Hot Air Balloons Ltd. Service Bulletin No. 11, Issue 1, dated 
September 24, 2007, and repetitively thereafter inspect and conduct 
a pressure test at intervals not to exceed 10 hours time-in-service.
    (3) As a result of any inspection or test required by (f)(2) of 
this AD, if you find a defective hose, replace it and the end 
fitting with a new hose and new end fitting before further flight. 
This action terminates the repetitive requirement in (f)(2) of this 
AD.

    Note 1: You may replace the hose and end fitting at any time to 
terminate the repetitive inspection and testing requirements of this 
AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI and the service information specify repetitive 
inspections if no leaks are detected during the initial required 
inspection, until the next annual inspection, at which time 
replacing the hose and end fitting is required.
    (2) This AD is considered an interim action because we are not 
including the mandatory replacement terminating action in this AD 
(replacement is only required by this AD if a defective hose is 
found in an inspection or test). The Administrative Procedure Act 
does not permit the FAA to ``bootstrap'' a long-term requirement 
into an urgent safety of flight action where the rule becomes 
effective at the same time the public has the opportunity to 
comment. The short-term action and the long-term action are analyzed 
separately for justification to bypass prior public notice.
    (3) After issuing this AD, we may initiate further AD action 
(notice of proposed rulemaking followed by a final rule) to require 
a terminating action to the repetitive inspection and test.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4138; fax: (816) 329-4090. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Special Flight Permit

    (h) We are not allowing any special flight permits.

Related Information

    (i) Refer to MCAI United Kingdom Civil Aviation Authority 
Emergency Airworthiness Directive AD No: G-2008-0001, dated January 
9, 2008, and Lindstrand Hot Air Balloons Ltd. Service Bulletin No. 
11, Issue 1, dated September 24, 2007, for related information.

Material Incorporated by Reference

    (j) You must use Lindstrand Hot Air Balloons Ltd. Service 
Bulletin No. 11, Issue 1, dated September 24, 2007, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Lindstrand Balloons Ltd., Maesbury Road, OSWESTRY, Shropshire SY10 
8ZZ, England; telephone: +44 1691-671717; facsimile: +44 1691-
671122.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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: https://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on March 4, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-4759 Filed 3-11-08; 8:45 am]
BILLING CODE 4910-13-P
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