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[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Proposed Rules]
[Pages 5319-5321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01950]

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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]
RIN 2120-AA64

Airworthiness Directives; Ballonbau W[ouml]rner GmbH Balloons

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt 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 proposed AD 
results from 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. We are 
issuing this proposed AD to require actions to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by March 17, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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 review 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in 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 this proposed AD, 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.

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: 
karl.schletzbaum@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0041; 
Directorate Identifier 2013-CE-053-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2013-0293R1, dated December 17, 2013 (referred to after this as 
``the MCAI''), to correct an unsafe condition 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. 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.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2014-0041.

Relevant Service Information

    Ballonbau W[ouml]rner GmbH has issued 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, dated November 2013. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD will affect 6 products of U.S. 
registry.

[[Page 5320]]

The scope of the proposed 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 proposed 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 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Ballonbau Worner GmbH: Docket No. FAA-2014-0041; Directorate 
Identifier 2013-CE-053-AD.

(a) Comments Due Date

    We must receive comments by March 17, 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.

(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 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, dated November 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 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, dated November 2013, within 3 
months after 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, dated November 2013.
    (4) After 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, dated November 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: karl.schletzbaum@faa.gov. 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 http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2014-0041. For 
service information related to 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 review 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.

[[Page 5321]]

    Issued in Kansas City, Missouri, on January 23, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-01950 Filed 1-30-14; 8:45 am]
BILLING CODE 4910-13-P
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