[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 [www.gpo.gov]
[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:
     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: 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: info@kubicekballoons.cz; 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 https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0618.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov 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: mike.kiesov@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-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 
https://www.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.

[[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 https://www.regulations.gov 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 9-AVS-AIR-730-AMOC@faa.gov.
    (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: 
mike.kiesov@faa.gov.
    (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 https://www.regulations.gov 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


