AD 2014-07-10

[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Rules and Regulations]
[Pages 22362-22364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-08072]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0041; Directorate Identifier 2013-CE-053-AD; 
Amendment 39-17824; AD 2014-07-10]
RIN 2120-AA64


Airworthiness Directives; Ballonbau W[ouml]rner GmbH Balloons

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Ballonbau W[ouml]rner GmbH Models NL-280/STU, NL-380/STU, NL-510/STU, 
NL-640/STU, NL-840/STU, and NL-1000/STU balloons. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by an 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as current inspection intervals are no longer adequate to 
ensure timely detection of deterioration or damage. We are issuing this 
AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective May 27, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 27, 2014.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2014-
0041; or in person at Document Management Facility, 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 service information identified in this AD, contact Ballonbau 
W[ouml]rner GmbH, Zirbelstrasse 57c, D-86154 Augsburg, Germany; 
telephone: +49 821 4504060; fax: +49 821 419641; Internet: 
www.ballonbau.de. You may view this referenced service information at 
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the FAA, 
call (816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#dab1bba8b6f4a9b9b2b6bfaea0b8bbafb79abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="2b404a594705584843474e5f51494a5e466b4d4a4a054c445d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to adding an AD that would apply to Ballonbau W[ouml]rner GmbH 
Model NL-280/STU, NL-380/STU, NL-510/STU, NL-640/STU, NL-840/STU, and 
NL-1000/STU airplane. The NPRM was published in the Federal Register on 
January 31, 2014 (79 FR 5319). The NPRM proposed to correct an unsafe 
condition for the specified products and was based on mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country. The MCAI states:

    The results of an analysis of NL-STU maintenance data revealed 
that the current inspection intervals are no longer adequate to 
ensure timely detection of deterioration or damage, which could 
affected the structural integrity of the balloon.
    This condition, if not detected and corrected, could lead to 
failure of balloon components or envelope, possibly resulting in 
loss of the balloon.
    To address this potential unsafe condition, Ballonbau 
W[ouml]rner developed new, more detailed and descriptive 
Instructions for Continued Airworthiness (at the same time separated 
from the Flight Manual) and issued Technische Mitteilung/Technical 
Note EASA.BA.009-6 to inform all operators.
    For the reasons described above, EASA issued AD 2013-0293 to 
require compliance with the updated Instructions for Continued 
Airworthiness. This AD is revised to extend the compliance time for 
the initial porosity test, for balloons which have already exceeded 
the relevant threshold.

    The MCAI can be found in the AD docket on the Internet at: <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0041-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 5319, January 31, 
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (79 FR 5319, January 31, 2014) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 5319, January 31, 2014).

Costs of Compliance

    We estimate that this AD will affect 6 products of U.S. registry. 
The scope of the inspections may vary depending on the condition of the 
balloon. We have no way of knowing how extensive an inspection may be 
necessary for each balloon. The scope of damage found in the 
inspections could vary significantly from balloon to balloon. We have 
no way of determining how much damage may be found on each balloon or 
the cost to repair damaged parts on each balloon or the number of 
balloons that may require repair.

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.
    We are 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

[[Page 22363]]

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 Findings

    We 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2014-
0041; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains the NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office 
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

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 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 AD:

2014-07-10 Ballonbau W[ouml]orner GmbH: Amendment 39-17824; Docket 
No. FAA-2014-0041; Directorate Identifier 2013-CE-053-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 27, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Ballonbau W[ouml]rner GmbH Model NL-280/STU, 
NL-380/STU, NL-510/STU, NL-640/STU, NL-840/STU, and NL-1000/STU 
balloons, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 5: Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as current 
inspection intervals are no longer adequate to ensure timely 
detection of deterioration or damage. If this condition is 
uncorrected, it could result in reduced structural integrity of the 
balloon.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through 
(f)(4) of this AD:
    (1) Before further flight after May 27, 2014 (the effective date 
of this AD), complete all inspections and maintenance tasks 
described in the Chapter 5, Annual Inspection, in the Ballonbau 
W[ouml]rner GmbH Instructions for Continued Airworthiness, Gas 
Balloon Model NL-STU, Issue 1, pages 44 through 53 and 55 through 
69, dated November 2013, and page 54 dated December 2013.
    (2) If any discrepancies are found during the inspection 
required in paragraph (f)(1) of this AD, before further flight, 
repair as applicable following Chapter 6, Standard Repair 
Procedures, in the Ballonbau W[ouml]rner GmbH Instructions for 
Continued Airworthiness, Gas Balloon Model NL-STU, Issue 1, dated 
November 2013.
    (3) If on May 27, 2014 (the effective date of this AD), a 
balloon has already exceeded the threshold compliance time for the 
porosity test as defined in Sections 5.1.1.4, 5.1.2.4 and 5.1.3.4 of 
Chapter 5 in Ballonbau W[ouml]rner GmbH Instructions for Continued 
Airworthiness, Gas Balloon Model NL-STU, Issue 1, pages 44 through 
53 and 55 through 69, dated November 2013, and page 54 dated 
December 2013, within 3 months after May 27, 2014 (the effective 
date of this AD), conduct the porosity test following Sections 
5.1.1.4, 5.1.2.4 and 5.1.3.4 of Chapter 5 in Ballonbau W[ouml]rner 
GmbH Instructions for Continued Airworthiness, Gas Balloon Model NL-
STU, Issue 1, pages 44 through 53 and 55 through 69, dated November 
2013, and page 54 dated December 2013.
    (4) After May 27, 2014 (the effective date of this AD), do all 
inspections and necessary repairs following Technische Mitteilung 
(English translation: Technical Note) Ballonbau W[ouml]rner GmbH 
EASA.BA.009-6, dated November 7, 2013; and Ballonbau W[ouml]rner 
GmbH Instructions for Continued Airworthiness, Gas Balloon Model NL-
STU, Issue 1, pages 1 through 6, 8 through 16, 18, 20 through 34, 36 
through 40, 42 through 53, and 55 through 82, dated November 2013; 
and pages 7, 17, 19, 35, 41, and 54, dated December 2013.

    Note 1 to paragraph (f) of this AD:  Pilots may only accomplish 
preventative maintenance limited to those items identified in 14 CFR 
Part 43, Appendix A.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; 
email: <a href="/cdn-cgi/l/email-protection#f79c96859bd984949f9b92838d9596829ab7919696d9909881"><span class="__cf_email__" data-cfemail="2843495a44065b4b40444d5c524a495d45684e4949064f475e">[email&#160;protected]</span></a>. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2013-0293R1, dated December 17, 2013, for related information. You 
may examine the MCAI on the Internet at: <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0041-0002.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Technische Mitteilung (English translation: Technical Note) 
Ballonbau W[ouml]rner GmbH EASA.BA.009-6, dated November 7, 2013.
    (ii) Ballonbau W[ouml]rner GmbH Instructions for Continued 
Airworthiness, Gas Balloon Model NL-STU, Issue 1, pages 1 through 6, 
8 through 16, 18, 20 through 34, 36 through 40, 42 through 53, and 
55 through 82, dated November 2013; and pages 7, 17, 19, 35, 41, and 
54, dated December 2013.
    (3) For Ballonbau W[ouml]rner GmbH service information 
identified in this AD, contact Ballonbau W[ouml]rner GmbH, 
Zirbelstrasse 57c, D-86154 Augsburg, Germany; telephone: +49

[[Page 22364]]

821 4504060; fax: +49 821 419641; Internet: www.ballonbau.de.
    (4) You may view this service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on April 4, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-08072 Filed 4-21-14; 8:45 am]
BILLING CODE 4910-13-P