AD 2002-17-04

[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Rules and Regulations]
[Pages 55714-55716]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 02-22128]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-35-AD; Amendment 39-12869; AD 2002-17-04]
RIN 2120-AA64


Airworthiness Directives; Ballonbau Worner GmbH Model K-630/1-Stu 
Manned Free Gas Balloons

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Ballonbau Worner GmbH (Ballonbau) Model K-630/1-Stu 
manned free gas balloons. This AD requires you to replace the PVC tubes 
that cover the steelwire loops of the basket with an electrostatic 
conductive braided rope. This AD is the result of mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Germany. The actions specified by this AD are intended to prevent 
the chance of an electrostatic charge buildup between the steelwire 
loops of the basket and the balloon envelope, which could result in 
ignition of combustible lifting gas fumes in the balloon envelope. Such 
a condition could lead to gas explosion and fire.

DATES: This AD becomes effective on September 30, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
September 30, 2002.
    The Federal Aviation Administration (FAA) must receive any comments 
on this rule on or before October 10, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2000-CE-35-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: <a href="/cdn-cgi/l/email-protection#043d29454741293329406b676f6170446265652a636b72"><span class="__cf_email__" data-cfemail="4d74600c0e08607a6009222e2628390d2b2c2c632a223b">[email&#160;protected]</span></a>. 
Comments sent electronically must contain ``Docket No. 2000-CE-35-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get the service information referenced in this AD from 
Ballonbau Worner GmbH, Zirbelstr 57c, 86154 Augusburg, Federal Republic 
of Germany; telephone: ++ 49 821-421590; facsimile: ++ 49 821-419641. 
You may view this information at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2000-CE-35-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Roger Chudy, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4140; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified FAA that an unsafe condition may exist on all 
Ballonbau Model K-630/1-Stu manned free gas balloons. The LBA reports 
the potential of an electrostatic build up between the steelwire loops 
of the basket and the balloon envelope.
    Ballonbau has designed an electrostatic conductive braided rope to 
address this condition.

What Are the Consequences if the Condition Is Not Corrected?

    This condition, if not prevented, could result in ignition of 
combustible lifting gas fumes in the balloon envelope. Such a condition 
could lead to gas explosion and fire.

Is There Service Information That Applies to This Subject?

    Ballonbau has issued Technical Note Nr. 8002-13, dated January 14, 
2000.
    This service information includes procedures for removing the PVC 
tubes that cover the steelwire loops of the basket and installing an 
electrostatic conductive braided rope.

What Action Did the LBA Take?

    The LBA classified this service bulletin as mandatory and issued 
German AD Number 2000-063, dated February 24, 2000, in order to ensure 
the continued airworthiness of these balloons in Germany.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    This balloon model is manufactured in Germany and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.
    Pursuant to this bilateral airworthiness agreement, the LBA has 
kept us informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of This AD

What Has FAA Decided?

    The FAA has examined the findings of the LBA; reviewed all 
available information, including the service information referenced 
above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Ballonbau Model K-630/1-Stu manned free gas balloons 
of the same type design;
--The actions specified in the previously-referenced service 
information (as specified in this AD) should be accomplished on the 
affected balloons; and
--AD action should be taken in order to correct this unsafe condition.

What Does This AD Require?

    This AD requires you to incorporate the actions in the previously-
referenced service bulletin.

Will I Have the Opportunity To Comment Prior to the Issuance of the 
Rule?

    Since this AD action does not affect any balloon that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, notice and opportunity for 
public prior

[[Page 55715]]

comment are unnecessary and the amendment may be made effective in less 
than 30 days after publication in the Federal Register.
    None of the Ballonbau Model K-630/1-Stu manned free gas balloons 
affected by this action are on the U.S. Register. All balloons included 
in the applicability of this rule currently are operated by non-U.S. 
operators under foreign registry; therefore, they are not directly 
affected by this AD action. However, the FAA considers this rule 
necessary to ensure that the unsafe condition is addressed in the event 
that any of these subject balloons are imported and placed on the U.S. 
Register.

Comments Invited

How Do I Comment on This AD?

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, FAA invites your 
comments on the rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments to the address specified under the caption 
ADDRESSES. We will consider all comments received on or before the 
closing date specified above. We may amend this rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of 
this AD action and determining whether we need to take additional 
rulemaking action.

Are There Any Specific Portions of This AD I Should Pay Attention to?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. You may view all comments we receive 
before and after the closing date of the rule in the Rules Docket. We 
will file a report in the Rules Docket that summarizes each FAA contact 
with the public that concerns the substantive parts of this AD.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2000-CE-35-AD.'' We will date stamp and mail 
the postcard back to you.

Compliance Time of this AD

What Is the Compliance Time of This AD?

    The compliance time of this AD is within the next 30 days after the 
effective date of this AD.

Why Is the Compliance Time Presented in Calendar Time Instead of Hours 
Time-In-Service (TIS)?

    This unsafe condition is not a result of the number of times the 
balloon is operated. The chance of this situation occurring is the same 
for a balloon with 10 hours time-in-service (TIS) as it would be for a 
balloon with 500 hours TIS. For this reason, the FAA has determined 
that a compliance based on calendar time should be utilized in this AD 
in order to assure that the unsafe condition is addressed on all 
balloons in a reasonable time period.

Regulatory Impact

Does This AD Impact Various Entities?

    These regulations 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. Therefore, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    We have determined that this regulation is an emergency regulation 
that must be issued immediately to correct an unsafe condition in 
aircraft, and is not a significant regulatory action under Executive 
Order 12866. It has been determined further that this action involves 
an emergency regulation under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). If it is determined that this 
emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
Reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

2002-17-04  Ballonbau Worner Gmbh: Amendment 39-12869; Docket No. 
2000-CE-35-AD

    (a) What balloons are affected by this AD? This AD affects Model 
K-630/1-Stu manned free gas balloons, all serial numbers, that are 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the balloons identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent the chance of an electrostatic 
charge buildup between the steelwire loops of the basket and the 
balloon envelope, which could result in ignition of combustible 
lifting gas fumes in the balloon envelope. Such a condition could 
lead to gas explosion and fire.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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(1) Remove the PVC tubes on   Within the next 30    In accordance with
 the steelwire loops of the    days after            Ballonbau Worner
 basket and install an         September 30, 2002    GmbH Technical Note
 electrostatic conductive      (the effective date   Nr. 8002-13, dated
 braided rope.                 of this AD).          January 14, 2000.
(2) Do not install PVC tubes  As of September 30,   Not applicable.
 on the steelwire loops of     2002 (the effective
 the basket.                   date of this AD).
------------------------------------------------------------------------


[[Page 55716]]

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Standards Office Manager, Small Airplane Directorate, 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Standards Office Manager.

    Note 1: This AD applies to each balloon identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
balloons that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (e) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Roger Chudy, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4140; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the balloon to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your balloon to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Ballonbau Worner GmbH Technical Note Nr. 8002-13, dated January 
14, 2000. The Director of the Federal Register approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. 
You can get copies from Ballonbau Worner GmbH, Zirbelstr 57c, 86154 
Augusburg, Federal Republic of Germany; telephone: ++ 49 821-421590; 
facsimile: ++ 49 821-419641. You may view copies at FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 2: The subject of this AD is addressed in German AD 2000-
063, dated February 24, 2000.

    (i) When does this amendment become effective? This amendment 
becomes effective on September 30, 2002.

    Issued in Kansas City, Missouri, on August 21, 2002.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-22128 Filed 8-29-02; 8:45 am]
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