Airworthiness Directives; BALÓNY KUBÍČEK spol. s r.o. Balloons, 46109-46111 [2021-17604]
Download as PDF
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
f. Adding reserve paragraphs (w) and
(x) and paragraph (y).
The additions read as follows:
PART 330—RECRUITMENT,
SELECTION, AND PLACEMENT
(GENERAL)
■
6. Revise the authority citation for part
330 to read as follows:
§ 330.707
priority.
■
Authority: 5 U.S.C. 1104, 1302, 3116, 3316,
3301, 3302, 3304, and 3330; E.O. 10577, 19
FR 7521, 3 CFR, 1954–58 Comp., p. 218;
Section 330.103 also issued under 5 U.S.C.
3327; Section 330.104 also issued under sec.
2(d), Pub. L. 114–137, 130 Stat. 310; Subpart
B also issued under 5 U.S.C. 3315 and 8151;
Section 330.401 also issued under 5 U.S.C.
3310; Subparts F and G also issued under
Presidential Memorandum on Career
Transition Assistance for Federal Employees,
September 12, 1995; Subpart G also issued
under 5 U.S.C. 8337(h) and 8456(b); Section
330.707 also issued under 5 U.S.C. 3115 and
3116.
Subpart F—Agency Career Transition
Assistance Plan (CTAP) for Local
Surplus and Displaced Employees
7. Amend § 330.609 by:
a. Removing the word ‘‘and’’ at the
end of paragraph (e)(2);
■ b. Adding the word ‘‘and’’ at the end
of paragraph (e)(3);
■ c. Adding paragraph (e)(4);
■ d. Removing the word ‘‘or’’ at the end
of paragraph (cc);
■ e. Removing the period at the end of
paragraph (dd) and adding a semicolon
in its place;
■ f. Removing the period at the end of
paragraph (ee) and adding ‘‘; or’’ in its
place; and
■ g. Adding reserve paragraph (ff) and
paragraph (gg).
The additions read as follows:
■
■
§ 330.609
priority.
Exceptions to CTAP selection
*
*
*
*
*
(e) * * *
(4) A post-secondary student
appointment under 5 U.S.C. 3116 and
part 316, subpart I, of this chapter;
*
*
*
*
*
(gg) Make an appointment using the
post-secondary student hiring authority
under 5 U.S.C. 3116 and part 316,
subpart I, of this chapter.
Subpart G—Interagency Career
Transition Assistance Plan (ICTAP) for
Displaced Employees
8. Amend § 330.707 by:
a. Removing the word ‘‘and’’ at the
end of paragraph (h)(2);
■ b. Adding the word ‘‘and’’ at the end
of paragraph (h)(3);
■ c. Adding paragraph (h)(4);
■ d. Removing the word ‘‘or’’ at the end
of paragraph (u);
■ e. Removing the period at the end of
paragraph (v) and adding ‘‘; or’’ in its
place; and
jbell on DSKJLSW7X2PROD with RULES
■
■
VerDate Sep<11>2014
16:01 Aug 17, 2021
Jkt 253001
Exceptions to ICTAP selection
*
*
*
*
*
(h) * * *
(4) A post-secondary student
appointment under 5 U.S.C. 3116 and
part 316, subpart I, of this chapter;
*
*
*
*
*
(y) Make an appointment using the
post-secondary student hiring authority
under 5 U.S.C. 3116 and part 316,
subpart I, of this chapter.
[FR Doc. 2021–17638 Filed 8–17–21; 8:45 am]
BILLING CODE 6325–39–P
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
´ NY
Airworthiness Directives; BALO
ˇ EK spol. s r.o. Balloons
KUBI´C
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
´ NY KUBI´CˇEK spol. s r.o. Models
BALO
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.
SUMMARY:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
46109
• 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
´ NY
this final rule, contact BALO
KUBI´CˇEK spol. s r.o., Francouzska´ 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.
E:\FR\FM\18AUR1.SGM
18AUR1
46110
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
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.
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.
You may examine the MCAI in the
AD docket at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0618.
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.
Related Service Information
´ NY
The FAA reviewed BALO
KUBI´CˇEK spol. s r.o. Servis Bulletin No.
Costs of Compliance
There are currently no affected
products on the U.S. registry. In the
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´ NY KUBI´CˇEK spol. s
numbered BALO
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, Balo´ny
Kubı´cˇek 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.
jbell on DSKJLSW7X2PROD with RULES
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.
VerDate Sep<11>2014
16:01 Aug 17, 2021
Jkt 253001
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\18AUR1.SGM
18AUR1
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
´ NY KUBI´C
ˇ EK spol. s r.o.:
2021–16–14 BALO
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
´ NY
This AD applies to the following BALO
KUBI´CˇEK 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.
(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.
jbell on DSKJLSW7X2PROD with RULES
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
Jkt 253001
(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.
[FR Doc. 2021–17604 Filed 8–17–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0447; Project
Identifier AD–2021–00131–E; Amendment
39–21692; AD 2021–17–09]
RIN 2120–AA64
(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.
16:01 Aug 17, 2021
(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-730AMOC@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.
Issued on August 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(d) Subject
Joint Aircraft System Component (JASC)
Code 5300, Fuselage.
VerDate Sep<11>2014
´ NY
Note 1 to paragraph (g): BALO
KUBI´CˇEK 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.
Airworthiness Directives; Pratt &
Whitney Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all Pratt
& Whitney PW1500G and PW1900G
SUMMARY:
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
46111
series turbofan engines. This AD was
prompted by reports of cracks in the
high-pressure compressor (HPC) rotor
shaft that resulted in in-flight
shutdowns (IFSDs) and unscheduled
engine removals (UERs). This AD
requires removal and replacement of the
HPC front hub and HPC rotor shaft. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective September
22, 2021.
ADDRESSES: For service information
identified in this final rule, contact Pratt
& Whitney, 400 Main Street, East
Hartford, CT 06118; phone: (800) 565–
0140; email: help24@pw.utc.com;
website: https://
fleetcare.prattwhitney.com/. You may
view this service information at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–
7759. It is also available at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0447.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0447; 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, any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Mark Taylor, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:
(781) 238–7229; fax: (781) 238–7199;
email: Mark.Taylor@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all PW1519G, PW1521G,
PW1521G–3, PW1521GA, PW1524G,
PW1524G–3, PW1525G, PW1525G–3,
PW1919G, PW1921G, PW1922G,
PW1923G, and PW1923G–A model
turbofan engines. The NPRM published
in the Federal Register on June 3, 2021
(86 FR 29707). The NPRM was
prompted by reports of cracks in the
HPC rotor shaft that resulted in
vibration and subsequent IFSDs and
E:\FR\FM\18AUR1.SGM
18AUR1
Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: [email protected]; 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: [email protected].
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 [email protected].
(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:
[email protected].
(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