Airworthiness Directives; MARS A.S. Parachutes, 10712-10714 [2022-04098]
Download as PDF
10712
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Rules and Regulations
model of airplane. It is not a rule of
general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Examining the AD Docket
Federal Aviation Administration
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.
14 CFR Part 39
[Docket No. FAA–2022–0149; Project
Identifier MCAI–2022–00121–Q; Amendment
39–21960; AD 2022–05–09]
Authority Citation
The authority citation for these
special conditions is as follows:
RIN 2120–AA64
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
Airworthiness Directives; MARS A.S.
Parachutes
The Special Conditions
AGENCY:
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for the Dassault
Aviation Model Falcon 6X airplane.
1. Pilot strength: In lieu of the control
force limits shown in § 25.143(d) for
pitch and roll, and in lieu of specific
pitch force requirements of
§§ 25.143(i)(2), 25.145(b), 25.173(c),
25.175(b), and 25.175(d), it must be
shown that the temporary and
maximum prolonged force levels for the
side stick controllers are suitable for all
expected operating conditions and
configurations, whether normal or nonnormal.
2. Pilot-control authority: The
electronic side-stick-controller coupling
design must provide for corrective and/
or overriding control inputs by either
pilot with no unsafe characteristics.
Annunciation of the controller status
must be provided, and must not be
confusing to the flightcrew.
3. Pilot control: It must be shown by
flight tests that the use of side-stick
controllers does not produce unsuitable
pilot-in-the-loop control characteristics
when considering precision path
control/tasks and turbulence. In
addition, pitch and roll control force
and displacement sensitivity must be
compatible, so that normal inputs on
one control axis will not cause
significant unintentional inputs on the
other.
4. Autopilot quick-release control
location: In lieu of compliance with
25.1329(d), autopilot quick-release
(emergency) controls must be on both
side-stick controllers. The quick-release
means must be located so that flight
crew can readily and easily use the
release mechanism.
lotter on DSK11XQN23PROD with RULES1
DEPARTMENT OF TRANSPORTATION
Issued in Kansas City, Missouri, on
February 17, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022–03866 Filed 2–24–22; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
15:59 Feb 24, 2022
Jkt 256001
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
FOR FURTHER INFORMATION CONTACT:
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:
• 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 service information identified in
this AD, contact MarS a.s., Okruzˇnı´ II
239, 569 43 Jevı´cˇko, Czech Republic;
phone: +420 461 353 841; email: mars@
marsjev.cz; 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.
SUMMARY:
PO 00000
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Darren Gassetto, COS Program Manager,
Boston ACO Branch, Compliance &
Airworthiness Division, FAA, 1200
District Avenue, Burlington, MA 01803;
phone: (516) 228–7323; email: 9-AVSAIR-BACO-COS@faa.gov.
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.
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Rules and Regulations
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
10713
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:
lotter on DSK11XQN23PROD with RULES1
ESTIMATED COSTS
Action
Remove emergency
service.
VerDate Sep<11>2014
parachute
15:59 Feb 24, 2022
from
Jkt 256001
Labor cost
Parts cost
0.5 work-hour × $85.00 per hour =
$42.50.
Not Applicable .........................................
PO 00000
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E:\FR\FM\25FER1.SGM
25FER1
Cost per
product
$42.50
10714
Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
§ 39.13
[Amended]
2. The FAA amends § 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.
VerDate Sep<11>2014
15:59 Feb 24, 2022
Jkt 256001
(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: 9-AVS-AIR-BACOCOS@faa.gov.
(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
PO 00000
Frm 00028
Fmt 4700
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Manager, Boston ACO Branch, Compliance &
Airworthiness Division, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (516)
228–7323; email: 9-AVS-AIR-BACO-COS@
faa.gov.
(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]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2021–1102; Airspace
Docket No. 21–ASW–24]
RIN 2120–AA66
Amendment of the Class E Airspace;
Corsicana, TX
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends the Class
E airspace at Corsicana, TX. This action
is the result of an airspace review as
part of the decommissioning of the
Powell non-directional beacon (NDB).
The geographic coordinates of the
airport are also being updated to
coincide with the FAA’s aeronautical
database.
SUMMARY:
Effective 0901 UTC, May 19,
2022. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
FAA Order JO 7400F.11 is also available
for inspection at the National Archives
and Records Administration (NARA).
DATES:
E:\FR\FM\25FER1.SGM
25FER1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
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 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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
[[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]
BILLING CODE 4910-13-P