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; BALONY KUBICEK
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 BALONY KUBICEK 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
BALONY KUBICEK 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.

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
BALONY KUBICEK 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, BalOny
KubICek 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 BALONY KUBICEK 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.

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: