Rule2021-17604
Airworthiness Directives; BALÓNY KUBÍČEK spol. s r.o. Balloons
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 18, 2021
Effective
September 7, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Models BB78Z, BB85Z, BB92Z, and BB130P balloons. This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as failure of the envelope vertical load tape. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 157 (Wednesday, August 18, 2021)</title>
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[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Rules and Regulations]
[Pages 46109-46111]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17604]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0618; Project Identifier 2019-CE-005-AD; Amendment
39-21676; AD 2021-16-14]
RIN 2120-AA64
Airworthiness Directives; BAL[Oacute]NY KUB[Iacute][Ccaron]EK
spol. s r.o. 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 BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Models BB78Z,
BB85Z, BB92Z, and BB130P balloons. This AD was prompted by mandatory
continuing airworthiness information (MCAI) issued by the aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as failure of the envelope vertical load tape. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective September 7, 2021.
The FAA must receive comments on this AD by October 4, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this final rule, contact
BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o., Francouzsk[aacute] 8,
602 00 Brno, Czech Republic; phone: +420 545 422 620; fax: +420 545 422
621; email: <a href="/cdn-cgi/l/email-protection#60090e060f200b15020903050b02010c0c0f0f0e134e031a"><span class="__cf_email__" data-cfemail="f0999e969fb09b85929993959b92919c9c9f9f9e83de938a">[email protected]</span></a>; website: www.kubicekballoons.eu.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
MO 64106. For information on the availability of this material at the
FAA, call (816) 329-4148. It is also available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0618.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0618; 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
MCAI, any comments received, and other information. The street address
for the Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer,
General Aviation & Rotorcraft Section, International Validation Branch,
FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4144; fax: (816) 329-4090; email: <a href="/cdn-cgi/l/email-protection#a1ccc8cac48fcac8c4d2ced7e1c7c0c08fc6ced7"><span class="__cf_email__" data-cfemail="214c484a440f4a4844524e57614740400f464e57">[email protected]</span></a>.
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-2021-0618 and Project Identifier
2019-CE-005-AD'' 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
[[Page 46110]]
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 Mike
Kiesov, Aviation Safety Engineer, General Aviation & Rotorcraft
Section, International Validation Branch, FAA, 901 Locust, Room 301,
Kansas City, MO 64106. 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 European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0181, dated August 27, 2018 (referred to after this as ``the
MCAI''), to address an unsafe condition for certain serial-numbered
BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o. Model BB78Z, BB85Z,
BB92Z, and BB130P balloons. The MCAI states:
Investigation prompted by a BB hot air balloon accident revealed
a failure of an envelope vertical load tape. It was determined that
other balloon envelopes might be affected as well.
This condition, if not detected and corrected, could result in
envelope tear, leading to an uncontrolled descent with consequent
injury to balloon occupants and persons on the ground.
To address this unsafe condition, Bal[oacute]ny
Kub[iacute][ccaron]ek spol. s r.o. issued the SB [Servis Bulletin
No. BB/52], providing inspection instructions to detect a weaving
defect on a load tape.
For the reason described above, this [EASA] AD requires a one-
time inspection of all the load tapes and, depending on findings,
repair of the balloon by replacing any load tape having a weaving
defect.
You may examine the MCAI in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0618.
Related Service Information
The FAA reviewed BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o.
Servis Bulletin No. BB/52, dated July 23, 2018. This service
information includes an example of a weaving defect in the load tape
and specifies acceptable materials and procedures for repairing load
tapes with visible yellow thread.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is 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
and service information referenced above. The FAA is issuing this AD
because it has determined the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
AD Requirements
This AD requires inspecting the envelope load tape and repairing
any envelope load tape having a weaving defect.
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.
The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because there
are no balloons currently on the U.S. registry and thus, it is unlikely
that the FAA will receive any adverse comments or useful information
about this AD from U.S. operators. Accordingly, notice and opportunity
for prior public comment are unnecessary 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 forego
notice and comment.
Costs of Compliance
There are currently no affected products on the U.S. registry. In
the event an affected balloon becomes a U.S.-registered balloon, the
following is an estimate of the costs to comply with this AD.
The FAA estimates that it would take 1 work-hour per balloon to
comply with the inspection required by this AD. The average labor rate
is $85 per work-hour. Based on these figures, the FAA estimates the
cost of this AD to be $85 per balloon.
In addition, the FAA estimates that repairing the envelope load
tape, if necessary, would take 10 work-hours and require parts costing
$200 for a cost of $1,050 per balloon.
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 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 FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Regulatory Findings
The FAA 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, and
(2) Will not affect intrastate aviation in Alaska.
[[Page 46111]]
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
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 airworthiness
directive:
2021-16-14 BAL[Oacute]NY KUB[Iacute][Ccaron]EK spol. s r.o.:
Amendment 39-21676; Docket No. FAA-2021-0618; Project Identifier
2019-CE-005-AD.
(a) Effective Date
This airworthiness directive (AD) is effective September 7,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the following BAL[Oacute]NY
KUB[Iacute][Ccaron]EK spol. s r.o. balloons, certificated in any
category:
(1) Model BB78Z, serial numbers (S/Ns) 1292 and 1364;
(2) Model BB85Z, S/N 1360;
(3) Model BB92Z, S/N 1331; and
(4) Model BB130P, S/N 1397.
(d) Subject
Joint Aircraft System Component (JASC) Code 5300, Fuselage.
(e) Unsafe Condition
This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as failure of the
envelope vertical load tape. The FAA is issuing this AD to detect
and correct defects in the envelope vertical load tape, which could
result in an envelope tear and consequent uncontrolled descent.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Repair
Within 30 days after the effective date of this AD, inspect the
envelope load tape for weaving defects indicated by visible yellow
thread. If there is visible yellow thread in any envelope load tape,
before further flight, repair any damaged area of the envelope load
tape.
Note 1 to paragraph (g): BAL[Oacute]NY KUB[Iacute][Ccaron]EK
spol. s r.o. Servis Bulletin No. BB/52, dated July 23, 2018,
includes an example of a weaving defect and specifies acceptable
procedures and materials for repairing envelope load tape.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in Related Information, paragraph
(i)(1) of this AD or email <a href="/cdn-cgi/l/email-protection#b98094f8efea94f8f0eb948e8a8994f8f4f6faf9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="cef7e38f989de38f879ce3f9fdfee38f83818d8ea8afafe0a9a1b8">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(i) Related Information
(1) For more information about this AD, contact Mike Kiesov,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 901 Locust, Room 301, Kansas
City, MO 64106; phone: (816) 329-4144; fax: (816) 329-4090; email:
<a href="/cdn-cgi/l/email-protection#6e0307050b4005070b1d01182e080f0f40090118"><span class="__cf_email__" data-cfemail="f99490929cd792909c8a968fb99f9898d79e968f">[email protected]</span></a>.
(2) Refer to European Aviation Safety Agency (EASA) AD 2018-
0181, dated August 27, 2018, for more information. You may examine
the EASA AD in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating it in Docket No.
(j) Material Incorporated by Reference
None.
Issued on August 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-17604 Filed 8-17-21; 8:45 am]
BILLING CODE 4910-13-P
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