[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Proposed Rules]
[Pages 19502-19505]
[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.

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 http://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<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://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 http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://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<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

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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    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
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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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    \2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
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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

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\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgELOS.nsf/0/BE4DB369A87F7A7A86257C210072E48A?OpenDocument&Highlight=ace-08-15.
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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.

    (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