Airworthiness Directives; MARS A.S. Parachutes

[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Rules and Regulations]
[Pages 10712-10714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04098]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0149; Project Identifier MCAI-2022-00121-Q; 
Amendment 39-21960; AD 2022-05-09]
RIN 2120-AA64


Airworthiness Directives; MARS A.S. Parachutes

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 MARS A.S. emergency parachutes. This 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 identifies the unsafe 
condition as the length of the ripcord between the pins being too long, 
which could cause a malfunction of the emergency parachute. This AD 
requires removing emergency parachutes with certain manufacture dates 
or serial numbers from service. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective March 14, 2022.
    The FAA must receive comments on this AD by April 11, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 AD, contact MarS a.s., 
Okru[zcaron]n[iacute] II 239, 569 43 Jev[iacute][ccaron]ko, Czech 
Republic; phone: +420 461 353 841; email: [email protected]; website: 
https://www.marsjev.com. 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 (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0149; 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: Darren Gassetto, COS Program Manager, 
Boston ACO Branch, Compliance & Airworthiness Division, FAA, 1200 
District Avenue, Burlington, MA 01803; phone: (516) 228-7323; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA Emergency AD 2022-0018-E, dated January 28, 2022 (referred to 
after this as ``the MCAI''), to address an unsafe condition on certain 
MARS A.S. ATL-88/90-1B (commercially known as ATL-15 SL) emergency 
parachutes. The MCAI states:

    During the yearly inspection of one of the affected emergency 
parachutes, it has been found that the length of the ripcord between 
the pins was too large and, in some cases, only one of 2 loops of 
the parachute could be opened when the manual ripcord was pulled. 
Subsequent inspection revealed that the dimensions of the static 
line extension were out of production tolerances. It is expected 
that the manufacturer will develop a modification to restore the 
airworthiness of affected emergency parachutes.
    This condition, if not corrected, could cause a malfunction of 
the emergency parachute.
    To address this unsafe condition EASA issued Emergency AD 2022-
0017-E to require removal from service of the affected emergency 
parachutes.
    Since that [EASA] AD was issued, it was determined that the 
Applicability of that [EASA] AD was incorrect.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA Emergency AD 2022-0017-E, which is superseded, 
but with a different Applicability.
    This [EASA] AD is considered to be an interim measure and 
further [EASA] AD action may follow.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0149.

[[Page 10713]]

Related Service Information

    The FAA reviewed MarS a.s. letter titled ``Information for dealers 
and users of the ATL-15 SL emergency parachute (ATL-88/90-1B),'' dated 
January 27, 2022. This letter provides information for identifying and 
suspending the use of affected emergency parachutes, which have an 
extension of static line made of Microline cord that was manufactured 
outside of production tolerances.

AD Requirements

    This AD applies to emergency parachutes with certain manufacture 
dates or serial numbers and requires removing those emergency 
parachutes from service.

Differences Between This AD and the MCAI

    The MCAI requires storing emergency parachutes in the unrigged 
condition in storage containers and visibly mark those storage 
containers with the words ``Parachute not airworthy. Do not use until 
further notice,'' while this AD requires removing the emergency 
parachutes from service.
    This AD also requires removing from service any emergency parachute 
where the serial number or manufacture date is unknown, and the MCAI 
does not include that requirement.

Interim Action

    The FAA considers this AD to be an interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

FAA's Justification 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.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because failure of an emergency parachute to deploy when needed will 
lead to the parachutist freefalling to the surface without being 
slowed, resulting in serious injury or death. Thus, the affected 
parachutes must be removed from service as of the effective date of 
this AD. Accordingly, notice and opportunity for prior public comment 
are impracticable and contrary to the public interest pursuant to 5 
U.S.C. 553(b)(3)(B).
    The FAA has also found that the risk to the flying public justifies 
foregoing notice and comment prior to adoption of this rule because 
there are no affected emergency parachutes used in the United States 
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.

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-2022-0149 and Project Identifier 
MCAI-2022-00121-Q'' 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 Darren 
Gassetto, COS Program Manager, Boston ACO Branch, Compliance & 
Airworthiness Division, FAA, 1200 District Avenue, Burlington, MA 
01803. Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

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.

Costs of Compliance

    The FAA estimates that this AD does not affect any emergency 
parachutes used in the United States. According to the manufacturer, 
none of the affected emergency parachutes were sold through its 
distributors in the United States. In the event an affected emergency 
parachute is brought into the United States, the following is an 
estimate of the costs to comply with this AD:

                                                 Estimated Costs
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                                                                                                     Cost per
                 Action                           Labor cost                  Parts cost              product
----------------------------------------------------------------------------------------------------------------
Remove emergency parachute from service.  0.5 work-hour x $85.00 per  Not Applicable............          $42.50
                                           hour = $42.50.
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[[Page 10714]]

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 Findings

    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

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:

2022-05-09 MARS A.S.: Amendment 39-21960; Docket No. FAA-2022-0149; 
Project Identifier MCAI-2022-00121-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective March 14, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MARS A.S. ATL-88/90-1B (commercially known as 
ATL-15 SL) emergency parachutes with an extension of static line 
made of Microline cord and that meet any of the criterion in 
paragraph (c)(1), (2), or (3) of this AD:
    (1) The parachute has a date of manufacture between January 1, 
2016, and December 31, 2020, inclusive;
    (2) The parachute has a serial number (S/N) 2145001 through S/N 
2145005 inclusive, and S/N 2145023 through S/N 2145034 inclusive; or
    (3) The date of manufacture or the S/N of the parachute is 
unknown.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2563, Parachute.

(e) Unsafe Condition

    This 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 identifies the unsafe condition as the length of 
the ripcord between the pins being too long, which could cause a 
malfunction of the emergency parachute. The unsafe condition, if not 
addressed, could result in failure of the emergency parachute to 
deploy when needed.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Remove From Service

    As of the effective date of this AD, remove each emergency 
parachute from service.

(h) Special Flight Permit

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO 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 paragraph (j)(1) of this AD and email to: [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.

(j) Related Information

    (1) For more information about this AD, contact Darren Gassetto, 
COS Program Manager, Boston ACO Branch, Compliance & Airworthiness 
Division, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 
(516) 228-7323; email: [email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) 
Emergency AD 2022-0018-E, dated January 28, 2022, for more 
information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0149.

(k) Material Incorporated by Reference

    None.

    Issued on February 18, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-04098 Filed 2-23-22; 11:15 am]
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