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07-05 superseded AD 2022-05-09, expanded the applicability, and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., Okruzni II 239, 569 43
Jevicko, Czech Republic; phone: +420 461 353 841; email:
mars@marsjev.cz; 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: 9-AVS-AIR-BACO-COS@faa.gov.

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

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

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:

a. Removing Airworthiness Directive 2022-07-05, Amendment 39-21992 (87
FR 15873, dated March 21, 2022); and

b. Adding the following new airworthiness directive: