Airworthiness Directives; MARS A.S. Parachutes

[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Rules and Regulations]
[Pages 15873-15876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05959]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0289; Project Identifier MCAI-2022-00254-Q; 
Amendment 39-21992; AD 2022-07-05]
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 superseding Airworthiness Directive (AD) 2022-05-
09, which applied to certain MARS A.S. emergency parachutes. AD 2022-
05-09 required removing emergency parachutes with certain manufacture 
dates or serial numbers from service. Since the FAA issued AD 2022-05-
09, the European Union Aviation Safety Agency (EASA) superseded its 
mandatory continuing airworthiness

[[Page 15874]]

information (MCAI) to correct an unsafe condition on this 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 retains the actions 
required by AD 2022-05-09 and expands the applicability.

DATES: This AD is effective April 5, 2022.
    The FAA must receive any comments on this AD by May 5, 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 final rule, contact MarS 
a.s, Okru[zcaron]n[iacute] II 239, Jev[iacute][ccaron]ko, 569 43, 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-2022-0289; 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 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 FAA issued AD 2022-05-09, Amendment 39-21960 (87 FR 10712, 
February 25, 2022) (AD 2022-05-09), for certain 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. AD 2022-05-09 was 
prompted by MCAI originated by EASA, which is the Technical Agent for 
the Member States of the European Union. EASA issued EASA Emergency AD 
2022-0018-E, dated January 28, 2022, to address malfunction of the 
emergency parachute. AD 2022-05-09 required removing emergency 
parachutes with certain manufacture dates or serial numbers from 
service. The FAA issued AD 2022-05-09 to address failure of an 
emergency parachute to deploy when needed.

Actions Since AD 2022-05-09 Was Issued

    Since the FAA issued AD 2022-05-09, EASA superseded EASA Emergency 
AD 2022-0018-E, dated January 28, 2022, and issued EASA Emergency AD 
2022-0029-E, dated February 23, 2022 (referred to after this as ``the 
MCAI'') for MARS A.S. ATL-88/90-1B (commercially known as ATL-15 SL) 
emergency parachutes, all serial numbers (s/n) manufactured from 2016. 
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-
0018-E to require removal from service of the affected emergency 
parachutes.
    Since that [EASA] AD was issued, following some additional 
tests, it was determined that additional emergency parachutes s/n 
may also be affected by this unsafe condition.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA Emergency AD 2022-0018-E, which is superseded, 
and expands its Applicability.
    This [EASA] AD is still 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-
0289.
    The results of the additional tests referenced in the MCAI showed 
that even emergency parachutes with a metallic static line extension 
(not made of Microline cord) failed to deploy.

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. EASA has since determined that the 
unsafe condition exists regardless of the design of the static line 
extension.

AD Requirements

    This AD applies to emergency parachutes with certain manufacture 
dates and requires removing those emergency parachutes from service. 
This AD retains the actions required by AD 2022-05-09 and expands the 
applicability.

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 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.

[[Page 15875]]

    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-2022-0289 and Project Identifier 
MCAI-2022-00254-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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                 Action                           Labor cost                  Parts cost             parachute
----------------------------------------------------------------------------------------------------------------
Remove emergency parachute from service.  0.5 work-hour x $85.00 per  Not Applicable............          $42.50
                                           hour = $42.50.
----------------------------------------------------------------------------------------------------------------

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, 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:


[[Page 15876]]


    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2022-05-09, Amendment 39-21960 (87 
FR 10712, February 25, 2022); and
0
b. Adding the following new airworthiness directive:

2022-07-05 MARS A.S.: Amendment 39-21992; Docket No. FAA-2022-0289; 
Project Identifier MCAI-2022-00254-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective April 5, 2022.

(b) Affected ADs

    This AD replaces AD 2022-05-09, Amendment 39-21960 (87 FR 10712, 
February 25, 2022).

(c) Applicability

    This AD applies to MARS A.S. ATL-88/90-1B (commercially known as 
ATL-15 SL) emergency parachutes that meet either of the criterion in 
paragraph (c)(1) or (2) of this AD:
    (1) The parachute has a date of manufacture of January 1, 2016, 
or later; or
    (2) The date of manufacture 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 2022-0029-E, dated February 23, 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-
2022-0289.

(k) Material Incorporated by Reference

    None.

    Issued on March 16, 2022.
Derek Morgan,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-05959 Filed 3-17-22; 11:15 am]
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