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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1700; Project Identifier MCAI-2024-00266-B;
Amendment 39-22777; AD 2024-13-03]
RIN 2120-AA64
Airworthiness Directives; Lindstrand Balloons Ltd. Hot Air Balloons
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Lindstrand Balloons Ltd. Model 42A, 56A, 60A, 69A, 77A, 90A,
105A, 120A, 150A, 180A, 210A, 240A, 260A, 310A, 69B, 77B, 90B, 105B,
and Drinks Can hot air balloons. This AD was prompted by a report of
degraded polyester filled Aramid (Kevlar) load tapes where the Kevlar
core was exposed to ultraviolet light, which could compromise the
residual strength of the tapes and the structural integrity of the hot
air balloon envelope. This AD requires repetitively checking the hot
air balloon envelope for damage (degraded, stretched, or frayed load
tapes or exposed Kevlar core) and removing any damaged hot air balloon
envelope from service. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective July 12, 2024.
The FAA must receive comments on this AD by August 12, 2024.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1700; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (206)
231-2346; email: fred.guerin@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2024-1700; Project Identifier MCAI-
2024-00266-B'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Fred
Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The Civil Aviation Authority (CAA), which is the aviation authority
for the United Kingdom (UK), has issued UK CAA Emergency AD G-2024-
0001-E, dated April 30, 2024 (also referred to as the MCAI), to correct
an unsafe condition on all Lindstrand Technologies Limited hot air
balloon envelopes with a date of manufacture after March 2017 fitted
with polyester filled Aramid (Kevlar) load tapes. The MCAI states that
during a 100-hour annual inspection of a hot air balloon envelope it
was discovered that the polyester filled Aramid (Kevlar) load tapes
were degraded due to ultraviolet exposure. Both horizontal and vertical
load tapes were affected and there was significant distortion to the
horizontal load tapes. In addition, in the area where the load tapes
loop around the crown ring, the polyester failed completely and exposed
the Kevlar core. The Aramid (Kevlar) load tapes were also stretched and
frayed. The unsafe condition, if not addressed, could compromise the
residual strength of the load tapes and the structural integrity of the
hot air balloon envelope with consequent loss of control of the hot air
balloon. To address the unsafe condition, the MCAI requires doing a
visual inspection to determine the date of manufacture of the hot air
balloon envelope, and if it is fitted with polyester filled Aramid
(Kevlar) load tapes before further flight. If these are found, a 100-
percent visual inspection for damage of the polyester filled Aramid
(Kevlar) load tapes is required. If no damage is found, operators are
required to amend the aircraft maintenance program to include a 100-percent
visual inspection of both the horizontal and vertical load tapes before
each
flight. If damage is found, no further flight is permitted until the damage
is rectified.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-1700.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of the same type design.
AD Requirements
This AD requires repetitively checking the hot air balloon envelope
for damage and removing any damaged hot air balloon envelope from
service. The check required in this AD may be performed by the owner/
operator (pilot) holding at least a private pilot certificate and must
be entered into the hot air balloon records showing compliance with
this AD in accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v).
The record must be maintained as required by 14 CFR 91.417, 121.380, or
135.439. The pilot may perform this check because it only involves
visually checking the envelope for damage and can be equally performed
by a pilot or mechanic. This is an exception to the FAA's standard
maintenance regulations.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because damage to polyester filled Aramid (Kevlar) load tapes degrades
the residual strength of the load tapes and the structural integrity of
the hot air balloon envelope, damaging the hot air balloon and leading
to a forced emergency landing, which could injure balloon occupants and
persons on the ground. Because this condition can develop quickly and
can only be detected through a visual check, immediate action must be
done before further flight. Accordingly, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Differences Between This AD and the MCAI
The MCAI identifies the design approval holder (DAH) as Lindstrand
Technologies Limited, which is the DAH identified on the UK CAA type
certificate. This AD identifies the DAH as Lindstrand Balloons Ltd.
since this is on the FAA type certificate.
The MCAI requires operators to amend the aircraft maintenance
program to include a 100-percent visual inspection of both the
horizontal and vertical load tapes before each flight if no damage is
found. This AD does not require the amendment to the maintenance
program as these before-each-flight checks are required by this AD.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 277 hot air balloons of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Check Aramid (Kevlar) load tapes
for damage |
2 work-hours x $85 per hour =
$170 (Per check cycle) |
$0 |
$170 (Per check cycle) |
$47,090 (Per check
cycle) |
The FAA estimates the following costs
to do any necessary action
that would be required based on the results of the check. The agency
has no way of determining the number of hot air balloons that might
need this action:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Install a hot air balloon envelope |
0 work-hours x $85 per hour =
$0 |
$20,000
|
$20,000
|
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.
The FAA is 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
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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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