[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73911-73914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26206]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / 
Rules and Regulations  

[[Page 73911]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1476; Project Identifier MCAI-2022-00508-Q; 
Amendment 39-22244; AD 2022-24-04]
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) 2022-07-
05, which applied to certain MarS A.S. emergency parachutes. AD 2022-
07-05 superseded AD 2022-05-09, expanded the applicability, and 
required removing all emergency parachutes manufactured since 2016. 
Since the FAA issued AD 2022-07-05, MarS A.S. developed a modification 
for the emergency parachutes to correct the unsafe condition. This AD 
requires modifying and re-identifying the emergency parachutes. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 19, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 19, 
2022.
    The FAA must receive comments on this AD by January 17, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1476; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
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: 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. It is also available at 
regulations.gov under Docket No. FAA-2022-1476.

FOR FURTHER INFORMATION CONTACT: Kevin Kung, Aviation Safety Engineer, 
Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; 
phone: (781) 238-7244; email: [email protected].

SUPPLEMENTARY INFORMATION: 

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-2022-1476; Project Identifier MCAI-
2022-00508-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 
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 to Kevin 
Kung, Aviation Safety Engineer, Boston ACO Branch, 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.

Background

    The FAA issued AD 2022-07-05, Amendment 39-21992 (87 FR 15873, 
March 21, 2022) (AD 2022-07-05), for all MarS A.S. ATL-88/90-1B 
(commercially known as ATL-15 SL) emergency parachutes manufactured 
from 2016. AD 2022-07-05 superseded AD 2022-05-09, Amendment 39-21960 
(87 FR 10712, February 25, 2022) (AD 2022-05-09) by retaining the 
requirement to remove the emergency parachutes from service while 
expanding the applicability of AD 2022-05-09 from certain serial-
numbered parachutes to all emergency parachutes.
    AD 2022-07-05 was prompted by MCAI originated by the European Union 
Aviation Safety Agency (EASA), which is the Technical Agent for the 
Member States of the European Union. EASA issued Emergency AD 2022-
0029-E, dated February 23, 2022, to correct an unsafe condition 
identified as the length of the ripcord between the pins being too 
long, which could cause a malfunction of the emergency

[[Page 73912]]

parachute. Malfunction of the emergency parachute could result in 
failure of the emergency parachute to deploy when needed.

Actions Since AD 2022-07-05 Was Issued

    Since the FAA issued AD 2022-07-05, EASA revised Emergency AD 2022-
0029-E, dated February 23, 2022, and issued EASA AD 2022-0029R1, dated 
April 11, 2022 (referred to after this as ``the MCAI''). The MCAI was 
issued after MarS A.S. developed a modification and re-identification 
of the emergency parachutes.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1476.

Comments

    The FAA gave the public the opportunity to comment on AD 2022-07-05 
and received comments from one commenter, the Aeronautical Repair 
Station Association (ARSA).
    ARSA requested the FAA withdraw AD 2022-07-05 because it contends 
that the agency lacks the legal authority to issue an AD on MarS A.S. 
ATL-88/90-1B parachutes. ARSA stated that, although 14 CFR 39.3 
provides that ADs may apply to an appliance, a personal parachute (such 
as the emergency parachute that was the subject of AD 2022-05-09 and AD 
2022-07-05) is not an appliance under the definitions in 14 CFR 1.1, 
91.307, or 105.3. To the extent the FAA relies upon the statutory 
definition of an appliance in 49 U.S.C. 40102(11), which includes a 
parachute, ARSA suggested that this ignores two of the three 
``prerequisites'' in that definition. Specifically, ARSA stated that 
personal parachutes (1) are not ``used, capable of being used, or 
intended to be used in operating or controlling aircraft in flight'' 
and (2) are not ``installed in or attached to aircraft during flight.''
    ARSA's position that there are three prerequisites for an item to 
be an appliance is based on its interpretation of the current statutory 
definition of ``appliance'' in 49 U.S.C. 40102(11):

    ``[A]ppliance'' means an instrument, equipment, apparatus, a 
part, an appurtenance, or an accessory used, capable of being used, 
or intended to be used, in operating or controlling aircraft in 
flight, including a parachute, communication equipment, and another 
mechanism installed in or attached to aircraft during flight, and 
not a part of an aircraft, aircraft engine, or propeller.

    Based on the statutory history, the FAA disagrees with the 
commenter's interpretation. The statutory definition of appliance has 
included parachutes since the original Civil Aeronautics Act of 
1938.\1\ The definition was re-codified without change when Congress 
created the Federal Aviation Agency (later the Federal Aviation 
Administration) with the Federal Aviation Act of 1958.\2\ The original 
versions of the statutory definition read as follows:
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    \1\ Public Law 75-706; 52 Stat. 973.
    \2\ Public Law 85-726; 72 Stat. 737.

    `Appliances' means instruments, equipment, apparatus, parts, 
appurtenances, or accessories, of whatever description, which are 
used, or are capable of being or intended to be used, in the 
navigation, operation, or control of aircraft in flight (including 
parachutes and including communication equipment and any other 
mechanism or mechanisms installed in or attached to aircraft during 
flight), and which are not a part or parts of aircraft, aircraft 
---------------------------------------------------------------------------
engines, or propellers.

    The formatting of this original definition differs from the current 
definition. The original definition was changed to the current 
definition in 1994, when Congress revised and re-codified existing 
transportation and aviation legislation.\3\ In the legislation's 
introductory text, Congress explicitly enacted the revision ``without 
substantive change.'' The formatting changes, therefore, did not alter 
the meaning of the definition. At the time of the Civil Aeronautics 
Act, personal use parachutes were the only type of parachute Congress 
could have intended to include in its definition of appliance. Whole 
aircraft parachutes (aircraft rescue system parachutes, airframe 
parachute systems, etc.) were not developed until many decades later. 
The FAA issues design approval for these types of parachute systems at 
the aircraft product level (type certificate, amended type certificate, 
or supplemental type certificate). As an appliance, the FAA issues 
design approval of personal use parachutes under a Technical Standard 
Order (TSO).
---------------------------------------------------------------------------

    \3\ Act of Jan. 25, 1994, Public Law 103-272; 108 Stat. 745.
---------------------------------------------------------------------------

    The FAA has been regulating parachutes--including personal use 
parachutes--as appliances for over 80 years. In promulgating and 
revising its regulations on parachute rigger certification (14 CFR part 
65, subpart F) and parachute operating rules (14 CFR part 105), the 
agency has cited its rulemaking authority set forth in 49 U.S.C. 
44701(a)(2)(A) for ``aircraft, aircraft engines, propellers, and 
appliances.'' \4\ This is the same statutory authority for 
airworthiness directives under 14 CFR part 39. Moreover, the FAA's 
Parachute Rigger Handbook advises parachute riggers that they are 
required under 14 CFR part 39 to comply with parachute ADs ``to ensure 
the safety and function of parachutes that have been found in some 
manner to be defective.'' \5\
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    \4\ See, for example, Clarification of Parachute Packing 
Authorization (75 FR 31283, June 3, 2010). See also Parachute 
Jumping (27 FR 11635, Nov. 27, 1962), in which the FAA cited Sec. 
601 of the Federal Aviation Act of 1958 as its authority. Sec. 601 
was later re-designated as 49 U.S.C. 44701.
    \5\ Parachute Rigger Handbook, FAA-H-8083-17A, Ch. 1, pp. 1-8 to 
1-9 (Change 1, Dec. 2015). A copy of this document can be found at: 
https://www.faa.gov/regulations_policies/handbooks_manuals/aviation.
---------------------------------------------------------------------------

    The FAA made no changes to this AD as a result of this comment.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received on AD 2022-07-05, and determined that air safety requires 
adoption of the AD. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MarS a.s. Service Bulletin No. 01/04/2022, Rev. C, 
dated April 8, 2022. This service information specifies returning the 
affected emergency parachutes to the manufacturer for modification and 
re-identification. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in ADDRESSES.

AD Requirements

    This AD requires modifying the emergency parachutes and re-
identifying part numbers (P/Ns) 09994, 09995, and 09996 as P/Ns 09994-
1, 09995-1, and 09996-1, respectively. Since the modification is 
required as of the effective date of the AD, the parachutes cannot be 
used in service until they are modified.

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

[[Page 73913]]

authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    The FAA has 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 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.

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

    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      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modify and re-identify emergency        6 work-hours x $85 per               $88            $598              $0
 parachute.                              hour = $510.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators.

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,
    (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:
0
a. Removing Airworthiness Directive 2022-07-05, Amendment 39-21992 (87 
FR 15873, dated March 21, 2022); and
0
b. Adding the following new airworthiness directive:

2022-24-04 MarS A.S.: Amendment 39-22244; Docket No. FAA-2022-1476; 
Project Identifier MCAI-2022-00508-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective December 19, 
2022.

(b) Affected ADs

    This AD replaces AD 2022-07-05, Amendment 39-21992 (87 FR 15873, 
dated March 21, 2022).

(c) Applicability

    This AD applies to MarS A.S. ATL-88/90-1B (commercially known as 
ATL-15 SL) emergency parachutes part number (P/N) 09994, P/N 09995, 
and P/N 09996 (no dash number) 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) Actions

    As of the effective date of this AD, modify and re-identify each 
emergency parachute in accordance with the Service Bulletin 
Procedure, paragraph 7.b., of MarS a.s. Service Bulletin No. 01/04/
2022, Rev. C, dated April 8, 2022.

(h) Special Flight Permit

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    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

[[Page 73914]]

directly to the manager of the certification office, send it to the 
attention of the person identified in paragraph (j)(2) of this AD 
and email to: [email protected]. If mailing information, 
also submit information by email. 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) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2022-0029R1, dated April 11, 2022, for related information. This 
EASA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2022-1476.
    (2) For more information about this AD, contact Kevin Kung, 
Aviation Safety Engineer, Boston ACO Branch, Compliance & 
Airworthiness Division, FAA, 1200 District Avenue, Burlington, MA 
01803; phone: (781) 238-7244; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) MarS a.s. Service Bulletin No. 01/04/2022, Rev. C, dated 
April 8, 2022.
    (ii) [Reserved]
    (3) 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: marsjev.com.
    (4) You may view this service information at 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.
    (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, email: [email protected] or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26206 Filed 12-1-22; 8:45 am]
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