Special Conditions: Ultramagic, S.A., Mark-32 Burner Series, 19502-19505 [2016-07786]

Download as PDF 19502 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules Flexibility Analysis for further details. https://www.regulations.gov/ #!documentDetail;D=FNS-2016-00180006. More generally, FNS appreciates the questions it has received from commenters on the number of total food items that retailers would be required to stock under the proposed rule and encourages additional comments from the public on this provision of the proposed rule, including comments on the impacts (such as benefits, costs, or small business impacts) associated with proposals that would alter the total food items that retailers would be required to stock. FNS also appreciates the questions from commenters it has received regarding how the proposed requirements would affect different types of retail food stores and encourages additional comments from the public on potential retail food store impacts. Lhorne on DSK5TPTVN1PROD with PROPOSALS EXAMPLES of Acceptable Variety, Perishables, and Depth of Stock Under the Proposed Rule Meat, Poultry, and Fish—the proposed rule would require stocking at least 7 varieties in this staple food category; below are ten examples of what FNS would consider different varieties. This is an illustrative list and not an exhaustive list of items that FNS proposes to be acceptable varieties in this staple food category. Perishable: 1. Sliced turkey breast—6 packages 2. Shrimp—6 packages 3. Sliced ham—6 packages 4. Fresh or frozen ground beef– 6 packages 5. Fresh or frozen catfish—6 packages 6. Eggs—6 cartons (any size) 7. Frozen lamb chops—6 packages 8. Tofu (meat substitute)—6 packages Non-perishable: 9. Canned tuna—6 cans 10. Canned chicken—6 cans Fruits, Vegetables—the proposed rule would require stocking at least 7 varieties in this category; below are ten examples of what FNS would consider different varieties. This is not an exhaustive list of acceptable varieties in this staple food category. Under the proposed rule, the first 7 varieties listed below would be considered perishable varieties in this staple food group, provided that they will spoil or suffer significant deterioration in quality within 2 to 3 weeks. Perishable: 1. Fresh bananas—6 bananas 2. Fresh oranges—6 oranges 3. Fresh pears—6 pears VerDate Sep<11>2014 13:17 Apr 04, 2016 Jkt 238001 4. Frozen raspberries—6 packages 5. Frozen spinach—6 packages 6. Fresh baby carrots—6 packages 7. Fresh celery sticks—6 packages Non-Perishable: 8. Apple sauce—6 jars 9. Canned corn—6 cans 10. Canned peas—6 cans Dairy—the proposed rule would require stocking at least 7 varieties in this category; below are ten examples of what FNS would consider different varieties This is not an exhaustive list of acceptable varieties in this staple food category. Under the proposed rule, the first 8 varieties listed below would likely be considered perishable varieties in this staple food group, provided that they will spoil or suffer significant deterioration in quality within 2 to 3 weeks. Perishable: 1. Fresh cow’s milk—6 containers 2. Fresh goat’s milk—6 containers 3. Fresh yogurt—6 containers 4. Fresh sour cream—6 packages 5. Fresh cheddar cheese (hard)—6 packages 6. Fresh cream cheese (soft)—6 packages 7. Frozen butter—6 packages 8. Margarine—6 containers Non-Perishable: 9. Infant Formula—6 containers 10. Almond Milk—6 containers Breads or Cereals—the proposed rule would require stocking at least 7 varieties in this category; below are ten examples of what FNS would consider different varieties. This is not an exhaustive list of acceptable varieties in this staple food category. Under the proposed rule, the first 5 varieties listed below would likely be considered perishable varieties in this staple food group, provided that they will spoil or suffer significant deterioration in quality within 2 to 3 weeks. Perishable: 1. Bread—any combination (wheat, white, rye)—6 packages 2. Tortillas (flour, corn)—6 packages 3. Bagels (white, wheat, other)—6 items 4. Pitas—6 packages 5. Frozen dinner rolls—6 packages Non-Perishable: 6. Rice—any combination (long-grain, brown)—6 packages 7. Pasta—any combination (spaghetti, lasagna noodles, rice noodles)—6 packages 8. Cereal– any combination (wheat, rice, chex, granola, etc)—6 packages 9. Flour (white, wholegrain, any combination)—6 packages 10. Infant Cereal—6 packages PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 EXAMPLES of Multiple Ingredient Foods That Would be Excluded for Purposes of Retailer Eligibility Decisions Under the Proposed Rule Æ Pizzas (contains dough, cheese, and tomato) Æ Multiple ingredient soups, e.g. minestrone (contains vegetables and pasta) Æ Multiple ingredient canned foods, e.g. ravioli (contains vegetables, cheese, and pasta) Æ Chicken pot pies (contains dough, vegetables, and chicken) Æ Frozen TV dinners, e.g. chicken dinner (contains chicken, potatoes, and vegetables) Æ Sandwiches (contains meat, cheese, bread, and vegetables) Æ Lunch-snack trays (contains meat, cheese, and crackers) EXAMPLES of Multiple Ingredient Foods That Would Continue to Count as Staple Foods (i.e., the Primary Staple Food Category Ingredient is Clearly Represented and Easily Recognized) Æ Mixed vegetables (frozen or canned; contains a variety of vegetables) Æ Boxed breakfast cereals (intended to served heated or cold; contains a variety of grains) III. Comment Period Extension Since publication of the proposed rule, several entities, including SNAP retail trade groups, have requested an extension of the comment period in order to allow ample time for all stakeholders to comment on the rulemaking process. The comment period, therefore, is being extended 30 days in order to provide additional time for interested parties to review the proposed rule. To be assured of consideration, comments on the proposed rule must be received by FNS on or before May 18, 2016. Dated: March 31, 2016. Audrey Rowe, Administrator, Food and Nutrition Service. [FR Doc. 2016–07793 Filed 4–4–16; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 31 [Docket No. FAA–2016–5424; Notice No. 31– 16–01–SC] Special Conditions: Ultramagic, S.A., Mark-32 Burner Series Federal Aviation Administration (FAA), DOT. AGENCY: E:\FR\FM\05APP1.SGM 05APP1 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules Notice of proposed special conditions. ACTION: This action proposes special conditions for the Ultramagic, S.A., balloon models F–18, H–56, H–65, H– 77, M–56, M–56C, M–65, M–65C, M–77, M–77C, M–90, M–105, M–120, M–130, M–145, M–160, N–180, N–210, N–250, N–300, N–355, N–425, S–70, S–90, S– 105, S–130, S–160, T–150, T–180, T– 210, V–56, V–65, V–77, V–90, V–105, and Z–90. These models will have a novel or unusual design feature associated with having the new Mark-32 Burner series. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: Send your comments on or before May 5, 2016. ADDRESSES: Send comments identified by docket number FAA–2016–5424 using any of the following methods: b Federal eRegulations Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. b Mail: Send comments to Docket Operations, M–30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. b Hand Delivery of Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays. b Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: The FAA will post all comments it receives, without change, to https://regulations.gov, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT’s complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477–19478), as well as at https://DocketsInfo.dot.gov. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for Lhorne on DSK5TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:35 Apr 04, 2016 Jkt 238001 accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: John VanHoudt, FAA, Program and Procedures Branch, ACE–114, Small Airplane Directorate, Aircraft Certification Service, 901 Locust; Kansas City, Missouri 64106; telephone (816) 329–4142; facsimile (816) 329– 4090. SUPPLEMENTARY INFORMATION: Comments Invited We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. Background On September 21, 2014, Ultramagic, S.A. (Ultramagic) applied for a change to Type Certificate No. B02CE to incorporate the new Mark–32 (MK–32) Burner series in balloon models F–18, H–56, H–65, H–77, M–56, M–56C, M– 65, M–65C, M–77, M–77C, M–90, M– 105, M–120, M–130, M–145, M–160, N– 180, N–210, N–250, N–300, N–355, N– 425, S–70, S–90, S–105, S–130, S–160, T–150, T–180, T–210, V–56, V–65, V– 77, V–90, V–105, and Z–90. The MK–32 Burner series is a derivative of the MK– 10 Burner series, which are currently approved under TCDS B02CE. The MK–32 burner does introduce a particular novel aspect in terms of operation and performance—the primary modification being an oxygen augmented igniter system. Type Certification Basis Under the provisions of § 21.101, Ultramagic must show that the balloon models F–18, H–56, H–65, H–77, M–56, M–56C, M–65, M–65C, M–77, M–77C, M–90, M–105, M–120, M–130, M–145, M–160, N–180, N–210, N–250, N–300, N–355, N–425, S–70, S–90, S–105, S– 130, S–160, T–150, T–180, T–210, V–56, V–65, V–77, V–90, V–105, and Z–90, as changed, continues to meet the applicable provisions incorporated by PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 19503 reference in Type Certificate No. B02CE or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the ‘‘original type certification basis.’’ The Direccion General de Aviacion Civil originally type certificated this aircraft under its type certificate Numbers 3, 4, 18, 61, 147, and 247. The FAA validated these products under U.S. Type Certificate Number B02CE. On September 28, 2003, EASA began oversight of this product on behalf of Spain. The regulations incorporated by reference in B02CE are as follows: a. 14 CFR 21.29. b. 14 CFR part 31, effective on January 1990, as amended by 31–1 through 31– 5 inclusive. Application for Type Certificate dated June 5, 1997. c. Equivalent level of Safety findings per provision of 14 CFR 21.21(b)(1): (1) ACE–08–151, August 1, 2008, Burners, 14 CFR 31.47(d). (2) ACE–08–15A2, November 05, 2013, Burners, 14 CFR 31.47(d), for Model S–70. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 31) do not contain adequate or appropriate safety standards for balloon models F–18, H–56, H–65, H–77, M–56, M–56C, M–65, M–65C, M– 77, M–77C, M–90, M–105, M–120, M– 130, M–145, M–160, N–180, N–210, N– 250, N–300, N–355, N–425, S–70, S–90, S–105, S–130, S–160, T–150, T–180, T– 210, V–56, V–65, V–77, V–90, V–105, and Z–90 because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same or similar novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of 1 https://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgELOS.nsf/0/BE4DB369A87F7A7 A86257C210072E48A?OpenDocument& Highlight=ace-08–15. 2 https://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgELOS.nsf/0/BE4DB369A87F7A7 A86257C210072E48A?OpenDocument& Highlight=ace-08–15. E:\FR\FM\05APP1.SGM 05APP1 19504 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules the type-certification basis under § 21.101. Novel or Unusual Design Features The Model Numbers F–18, H–56, H– 65, H–77, M–56, M–56C, M–65, M–65C, M–77, M–77C, M–90, M–105, M–120, M–130, M–145, M–160, N–180, N–210, N–250, N–300, N–355, N–425, S–70, S– 90, S–105, S–130, S–160, T–150, T–180, T–210, V–56, V–65, V–77, V–90, V–105, and Z–90 balloons will incorporate the following novel and unusual design feature: The oxygen augmentation and hydraulic control. Lhorne on DSK5TPTVN1PROD with PROPOSALS Discussion Based on the provisions of §§ 21.17 and 21.29 and the U.S.-EASA Technical Implementation Procedures for Airworthiness and Environmental Certification Between the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency of the European Union, the following airworthiness requirements are applicable to this project and will remain active for three years from the date of application and form the Certification Basis: a. Part 31, amendment 7 (The certification basis complied with according to the Ultramagic part 31 compliance checklist.). b. Equivalent Level of Safety (ELOS) Findings: The FAA notes that it has issued an equivalent level of safety findings per provision of 14 CFR 21.21(b)(1), specifically ACE–08–153 on August 1, 2008, Burners, § 31.47(d) and then extended the ELOS as ACE–08– 15A4 on November 05, 2013, Burners, § 31.47(d), for the Model S–70. This ELOS has not been applied to the MK– 32 and therefore not applicable. 3. Special conditions: The FAA notes that Ultramagic elected to comply with certain provisions of CS–23, amendment 3, that apply to oxygen systems. These provisions are applicable because there is an oxygen augmented igniter system available for the MK–32 burner. The below 14 CFR regulations, except § 23.1445, are harmonized with their CS–23, amendment 3, counterpart regulations and form the basis of this special condition. § 23.1445, Oxygen distribution system, paragraphs (a) and (b) states the following: 3 https://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257 C210072E48A?OpenDocument&Highlight=ace-0815. 4 https://rgl.faa.gov/Regulatory_and_Guidance_ Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257 C210072E48A?OpenDocument&Highlight=ace-0815. VerDate Sep<11>2014 13:17 Apr 04, 2016 Jkt 238001 (a) Except for flexible lines from oxygen outlets to the dispensing units, or where shown to be otherwise suitable to the installation, nonmetallic tubing must not be used for any oxygen line that is normally pressurized during flight. (b) Non-metallic oxygen distribution lines must not be routed where they may be subjected to elevated temperatures, electrical arcing, and released flammable fluids that might result from any probable failure. § 23.1451, Fire protection for oxygen equipment, paragraphs (a), (b), and (c) states the following: Oxygen equipment and lines must— (a) Not be in any designated fire zone. (b) Be protected from heat that may be generated in, or escaped from, any designated fire zone. (c) Be installed so that escaping oxygen cannot cause ignition of grease, fluid, or vapour accumulations that are present in normal operation or that may result from the failure or malfunction of any other system. § 23.1453, Protection of oxygen equipment from rupture, paragraphs (a) and (b) states the following: (a) Each element of the oxygen system must have sufficient strength to withstand the maximum pressure and temperature in combination with any externally applied loads arising from consideration of limit structural loads that may be acting on that part of the system. (b) Oxygen pressure sources and the lines between the source and shutoff means must be: (1) Protected from unsafe temperatures; and (2) Located where the probability and hazard of rupture in a crash landing are minimized. § 23.1445 is the only significant regulatory difference, which states the following: Part 23 requires crewmembers be able to reserve a minimum supply for themselves when they share a common source of O2 with passengers. 300, N–355, N–425, S–70, S–90, S–105, S–130, S–160, T–150, T–180, T–210, V– 56, V–65, V–77, V–90, V–105, and Z–90 balloons. Should Ultramagic, S.A. apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one model series of burners. It is not a rule of general applicability. List of Subjects in 14 CFR Part 31 Aircraft, Aviation safety. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701– 44702, 44704. The Proposed Special Conditions Accordingly, the Federal Aviation Administration (FAA) proposes the following special conditions as part of the type certification basis for Model Numbers F–18, H–56, H–65, H–77, M– 56, M–56C, M–65, M–65C, M–77, M– 77C, M–90, M–105, M–120, M–130, M– 145, M–160, N–180, N–210, N–250, N– 300, N–355, N–425, S–70, S–90, S–105, S–130, S–160, T–150, T–180, T–210, V– 56, V–65, V–77, V–90, V–105, and Z–90 balloons. 1. Certification of the MK–32 Burner Series under 14 CFR part 31. (a) In addition to the provisions of part 31, amendment 7, the applicant must design the MK–32 Burner to comply with the requirements, as described below, with respect to the igniter oxygen augmentation system and hydraulic burner valve actuation system: As the oxygen system is not utilized for breathing, this Significant Standard Difference (SSD) does not apply. In addition, the FAA notes that Ultramagic offers an optional hydraulic kit. This kit is a hydraulic system that actuates the burners’ fuel valve. Since part 31 does not have provisions for hydraulic systems, § 23.1435, Hydraulic systems, will provide the basis for the hydraulic system special conditions contained herein. No SSD is associated with this regulation. Oxygen Distribution System (1) Except for flexible lines from oxygen outlets to the dispensing units, or where shown to be otherwise suitable to the installation, nonmetallic tubing must not be used for any oxygen line that is normally pressurized during flight. (2) Nonmetallic oxygen distribution lines must not be routed where they may be subjected to elevated temperatures, electrical arcing, and released flammable fluids that might result from any probable failure. Applicability As discussed above, these special conditions are applicable to the Model Numbers F–18, H–56, H–65, H–77, M– 56, M–56C, M–65, M–65C, M–77, M– 77C, M–90, M–105, M–120, M–130, M– 145, M–160, N–180, N–210, N–250, N– Fire Protection for Oxygen Equipment Oxygen equipment and lines must: (1) Not be installed in any designated fire zones. (2) Be protected from heat that may be generated in, or escape from, any designated fire zone. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\05APP1.SGM 05APP1 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Proposed Rules (3) Be installed so that escaping oxygen cannot come in contact with and cause ignition of grease, fluid, or vapor accumulations that are present in normal operation or that may result from the failure or malfunction of any other system. Lhorne on DSK5TPTVN1PROD with PROPOSALS Protection of Oxygen Equipment From Rupture (1) Each element of the oxygen system must have sufficient strength to withstand the maximum pressure and temperature, in combination with any externally applied loads arising from consideration of limit structural loads that may be acting on that part of the system. (2) Oxygen pressure sources and the lines between the source and the shutoff means must be: (i) Protected from unsafe temperatures; and (ii) Located where the probability and hazard of rupture in a crash landing are minimized. Hydraulic Systems (1) Design. Each hydraulic system must be designed as follows: (i) Each hydraulic system and its elements must withstand, without yielding, the structural loads expected in addition to hydraulic loads. (ii) A means to indicate the pressure in each hydraulic system which supplies two or more primary functions must be provided to the flight crew. (iii) There must be means to ensure that the pressure, including transient (surge) pressure, in any part of the system will not exceed the safe limit above design operating pressure and to prevent excessive pressure resulting from fluid volumetric changes in all lines which are likely to remain closed long enough for such changes to occur. (iv) The minimum design burst pressure must be 2.5 times the operating pressure. (2) Tests. Each system must be substantiated by proof pressure tests. When proof tested, no part of any system may fail, malfunction, or experience a permanent set. The proof load of each system must be at least 1.5 times the maximum operating pressure of that system. (3) Accumulators. A hydraulic accumulator or reservoir may be installed on the engine side of any firewall, if— (i) It is an integral part of an engine or propeller system; or (ii) The reservoir is nonpressurized and the total capacity of all such nonpressurized reservoirs is one quart or less. (b) Ultramagic, through EASA, will provide the FAA with all Airworthiness VerDate Sep<11>2014 13:17 Apr 04, 2016 Jkt 238001 Directives issued against the changed type design, if any, and a plan for resolving the unsafe conditions for the FAA type design. Issued in Kansas City, Missouri, on March 28, 2016. Mel Johnson, Acting Manager, Small Airplane Directorate Aircraft Certification Service. [FR Doc. 2016–07786 Filed 4–4–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–5039; Directorate Identifier 2013–NM–148–AD] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede airworthiness directive (AD) 2000–10– 18, that applies to certain Airbus Model A300 series airplanes; Model A300 B4– 600, B4–600R, F4–600R series airplanes, and Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes); and Model A310 series airplanes. AD 2000–10–18 requires repetitive inspections to detect cracks in the lower spar of the engine pylons between ribs 6 and 7, and repair if necessary. Since we issued AD 2000– 10–18, we have determined that the compliance times for the initial inspection and the repetitive intervals must be reduced to allow timely detection of cracks in the engine pylon’s lower spar between ribs 6 and 7. This proposed AD would reduce the compliance times for the initial inspection and the repetitive intervals. We are proposing this AD to prevent fatigue cracking, which could result in reduced structural integrity of the engine pylon’s lower spar, and possible separation of the engine from the airplane. DATES: We must receive comments on this proposed AD by May 20, 2016. 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– SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 19505 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; Internet https://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 5039; 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations 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: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone (425) 227–2125; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2016–5039; Directorate Identifier 2013–NM–148–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// E:\FR\FM\05APP1.SGM 05APP1

Agencies

[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Proposed Rules]
[Pages 19502-19505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07786]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 31

[Docket No. FAA-2016-5424; Notice No. 31-16-01-SC]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 19503]]


ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Ultramagic, 
S.A., balloon models F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, 
M-77, M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-
250, N-300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-
180, T-210, V-56, V-65, V-77, V-90, V-105, and Z-90. These models will 
have a novel or unusual design feature associated with having the new 
Mark-32 Burner series. The applicable airworthiness regulations do not 
contain adequate or appropriate safety standards for this design 
feature. These proposed special conditions contain the additional 
safety standards that the Administrator considers necessary to 
establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: Send your comments on or before May 5, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-5424 
using any of the following methods:
    [square] Federal eRegulations Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
    [square] Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
    [square] Hand Delivery of Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m., 
Monday through Friday, except Federal holidays.
    [square] Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to https://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket Web 
site, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478), as well as at https://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, 
except Federal holidays.

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

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data. We ask 
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.

Background

    On September 21, 2014, Ultramagic, S.A. (Ultramagic) applied for a 
change to Type Certificate No. B02CE to incorporate the new Mark-32 
(MK-32) Burner series in balloon models F-18, H-56, H-65, H-77, M-56, 
M-56C, M-65, M-65C, M-77, M-77C, M-90, M-105, M-120, M-130, M-145, M-
160, N-180, N-210, N-250, N-300, N-355, N-425, S-70, S-90, S-105, S-
130, S-160, T-150, T-180, T-210, V-56, V-65, V-77, V-90, V-105, and Z-
90. The MK-32 Burner series is a derivative of the MK-10 Burner series, 
which are currently approved under TCDS B02CE.
    The MK-32 burner does introduce a particular novel aspect in terms 
of operation and performance--the primary modification being an oxygen 
augmented igniter system.

Type Certification Basis

    Under the provisions of Sec.  21.101, Ultramagic must show that the 
balloon models F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, M-77, 
M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-250, N-
300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-180, T-
210, V-56, V-65, V-77, V-90, V-105, and Z-90, as changed, continues to 
meet the applicable provisions incorporated by reference in Type 
Certificate No. B02CE or the applicable regulations in effect on the 
date of application for the change. The regulations incorporated by 
reference in the type certificate are commonly referred to as the 
``original type certification basis.'' The Direccion General de 
Aviacion Civil originally type certificated this aircraft under its 
type certificate Numbers 3, 4, 18, 61, 147, and 247. The FAA validated 
these products under U.S. Type Certificate Number B02CE. On September 
28, 2003, EASA began oversight of this product on behalf of Spain. The 
regulations incorporated by reference in B02CE are as follows:
    a. 14 CFR 21.29.
    b. 14 CFR part 31, effective on January 1990, as amended by 31-1 
through 31-5 inclusive. Application for Type Certificate dated June 5, 
1997.
    c. Equivalent level of Safety findings per provision of 14 CFR 
21.21(b)(1):
    (1) ACE-08-15\1\, August 1, 2008, Burners, 14 CFR 31.47(d).
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    (2) ACE-08-15A\2\, November 05, 2013, Burners, 14 CFR 31.47(d), for 
Model S-70.
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    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 31) do not contain adequate or 
appropriate safety standards for balloon models F-18, H-56, H-65, H-77, 
M-56, M-56C, M-65, M-65C, M-77, M-77C, M-90, M-105, M-120, M-130, M-
145, M-160, N-180, N-210, N-250, N-300, N-355, N-425, S-70, S-90, S-
105, S-130, S-160, T-150, T-180, T-210, V-56, V-65, V-77, V-90, V-105, 
and Z-90 because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same or similar 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same or similar novel or unusual design feature, the special conditions 
would also apply to the other model under Sec.  21.101.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of

[[Page 19504]]

the type-certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Model Numbers F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, 
M-77, M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-
250, N-300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-
180, T-210, V-56, V-65, V-77, V-90, V-105, and Z-90 balloons will 
incorporate the following novel and unusual design feature:
    The oxygen augmentation and hydraulic control.

Discussion

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

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

    Sec.  23.1451, Fire protection for oxygen equipment, paragraphs 
(a), (b), and (c) states the following:

    Oxygen equipment and lines must--
    (a) Not be in any designated fire zone.
    (b) Be protected from heat that may be generated in, or escaped 
from, any designated fire zone.
    (c) Be installed so that escaping oxygen cannot cause ignition 
of grease, fluid, or vapour accumulations that are present in normal 
operation or that may result from the failure or malfunction of any 
other system.

    Sec.  23.1453, Protection of oxygen equipment from rupture, 
paragraphs (a) and (b) states the following:

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

    Sec.  23.1445 is the only significant regulatory difference, which 
states the following:

    Part 23 requires crewmembers be able to reserve a minimum supply 
for themselves when they share a common source of O2 with 
passengers.

    As the oxygen system is not utilized for breathing, this 
Significant Standard Difference (SSD) does not apply.
    In addition, the FAA notes that Ultramagic offers an optional 
hydraulic kit. This kit is a hydraulic system that actuates the 
burners' fuel valve. Since part 31 does not have provisions for 
hydraulic systems, Sec.  23.1435, Hydraulic systems, will provide the 
basis for the hydraulic system special conditions contained herein. No 
SSD is associated with this regulation.

Applicability

    As discussed above, these special conditions are applicable to the 
Model Numbers F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, M-77, 
M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-250, N-
300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-180, T-
210, V-56, V-65, V-77, V-90, V-105, and Z-90 balloons. Should 
Ultramagic, S.A. apply at a later date for a change to the type 
certificate to include another model incorporating the same novel or 
unusual design feature, the special conditions would apply to that 
model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model series of burners. It is not a rule of general 
applicability.

List of Subjects in 14 CFR Part 31

    Aircraft, Aviation safety.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for Model Numbers F-18, H-56, H-65, H-77, M-56, M-56C, M-65, M-65C, M-
77, M-77C, M-90, M-105, M-120, M-130, M-145, M-160, N-180, N-210, N-
250, N-300, N-355, N-425, S-70, S-90, S-105, S-130, S-160, T-150, T-
180, T-210, V-56, V-65, V-77, V-90, V-105, and Z-90 balloons.
    1. Certification of the MK-32 Burner Series under 14 CFR part 31.
    (a) In addition to the provisions of part 31, amendment 7, the 
applicant must design the MK-32 Burner to comply with the requirements, 
as described below, with respect to the igniter oxygen augmentation 
system and hydraulic burner valve actuation system:

Oxygen Distribution System

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

Fire Protection for Oxygen Equipment

    Oxygen equipment and lines must:
    (1) Not be installed in any designated fire zones.
    (2) Be protected from heat that may be generated in, or escape 
from, any designated fire zone.

[[Page 19505]]

    (3) Be installed so that escaping oxygen cannot come in contact 
with and cause ignition of grease, fluid, or vapor accumulations that 
are present in normal operation or that may result from the failure or 
malfunction of any other system.

Protection of Oxygen Equipment From Rupture

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

Hydraulic Systems

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

    Issued in Kansas City, Missouri, on March 28, 2016.
Mel Johnson,
Acting Manager, Small Airplane Directorate Aircraft Certification 
Service.
[FR Doc. 2016-07786 Filed 4-4-16; 8:45 am]
BILLING CODE 4910-13-P
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