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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0336; Project Identifier AD-2021-00293-Q;
Amendment 39-21523; AD 2021-09-09]
RIN 2120-AA64
Airworthiness Directives; Uninsured United Parachute
Technologies, LLC 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 Uninsured United Parachute Technologies, LLC (UPT) parachutes.
This AD results from reserve pin covers (RPCs) catching on the
parachute container flaps and preventing the reserve parachute from
deploying. This AD requires modifying the RPC before the next parachute
jump and replacing the RPC at the next reserve parachute packing. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective May 7, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 7, 2021.
The FAA must receive comments on this AD by June 7, 2021.
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 https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For UPT service information identified in this final rule, contact
Uninsured United Parachute Technologies, LLC, Engineering Department,
1645 Lexington Avenue, Deland, FL 32724; phone: (386) 736-7589; email:
upt@uptvector.com; website: https://uptvector.com/product-service-bulletins/.
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 (816) 329-4148. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0336.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0336; 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, any
comments received, and other information. The street address for the
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Samuel Kovitch, Aerospace Safety
Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park,
GA 30337; phone: (404) 474-5570; fax: (404) 474-5605; email:
samuel.kovitch@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA was notified by the Directorate General for Civil Aviation,
which is the civil aviation authority for France, of an unsafe
condition on certain UPT reserve parachute pin covers.
Subsequent analysis revealed that, between May 2013 and January
2021, the container was manufactured with a redesign that increased the
length of the RPC, causing it to catch and prevent the reserve
parachute from deploying. UPT determined the affected parachutes are
UPT Vector 3 SE containers manufactured between May 1, 2013, and
January 31, 2021, in any of the following sizes: V3SE-360-1, V3SE-360-
2, V3SE-360-3, V3SE-361, V3SE-364, and V3SE-364-1. This condition, if
not corrected, could cause failure of the reserve parachute to deploy
when needed. The FAA is issuing this AD to address the unsafe condition
on these products.
FAA's Determination
The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Uninsured United Parachute Technologies, LLC,
INSTRUCT-064, Revision 1, dated February 10, 2021. This service
information specifies procedures for modifying the bottom tuck tab of
the RPC on the parachute container.
The FAA also reviewed Uninsured United Parachute Technologies, LLC,
INSTRUCT-065, REV 0, dated February 12, 2021. This service information
specifies procedures for replacing the RPC on the parachute container.
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 accomplishing the actions specified in the service
information already described.
Justification for Immediate Adoption 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 foregoing notice and comment prior to adoption of this rule
because failure of the reserve parachute to deploy when needed will
lead to the parachutist freefalling to the surface without being
slowed, resulting in serious injury or death. 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).
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-2021-0336 and Project Identifier
AD-2021-00293-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 Samuel
Kovitch, Aerospace Safety Engineer, Atlanta ACO Branch, FAA, 1701
Columbia Avenue, College Park, GA 30337. 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 affects 86 parachute containers used
in the United States.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Modify RPC |
1 work-hour x $85 per hour =
$85 |
Not applicable |
$85
|
$7,310
|
| Replace RPC |
1 work-hour x $85 per hour =
$85 |
$28.50 |
113.50
|
9,761
|
The FAA has included all known costs
in its cost estimate.
According to the manufacturer, however, all 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, 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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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