AD 2021-09-09

[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Rules and Regulations]
[Pages 21185-21187]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-08460]


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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:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 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: 
<a href="/cdn-cgi/l/email-protection#bacfcacefacfcaceccdfd9ced5c894d9d5d7"><span class="__cf_email__" data-cfemail="b5c0c5c1f5c0c5c1c3d0d6c1dac79bd6dad8">[email&#160;protected]</span></a>; website: <a href="https://uptvector.com/product-service-bulletins/">https://uptvector.com/product-service-bulletins/</a>. 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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2021-0336.

Examining the AD Docket

    You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: 
<a href="/cdn-cgi/l/email-protection#384b59554d5d541653574e514c5b50785e5959165f574e"><span class="__cf_email__" data-cfemail="abd8cac6decec785c0c4ddc2dfc8c3ebcdcaca85ccc4dd">[email&#160;protected]</span></a>.

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

[[Page 21186]]

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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Modify RPC........................  1 work-hour x $85 per  Not applicable.......             $85          $7,310
                                     hour = $85.
Replace RPC.......................  1 work-hour x $85 per  $28.50...............          113.50           9,761
                                     hour = $85.
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    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

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:

2021-09-09 Uninsured United Parachute Technologies, LLC: Amendment 
39-21523; Docket No. FAA-2021-0336; Project Identifier AD-2021-
00293-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective May 7, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Uninsured United Parachute Technologies, LLC 
Vector 3 SE parachute containers approved under Technical Standard 
Order C23b, part number Vector SE, with a date of manufacture after 
April 30, 2013, and before February 1, 2021, in any of the following 
sizes: V3SE-360-1, V3SE-360-2, V3SE-360-3, V3SE-361, V3SE-364, and 
V3SE-364-1.

[[Page 21187]]

(d) Subject

    Joint Aircraft System Component (JASC) Code: None.

(e) Unsafe Condition

    This AD results from reserve pin covers (RPCs) catching on the 
parachute container flaps and preventing the reserve parachute from 
deploying. The FAA is issuing this AD to correct the length of RPCs 
that were designed and manufactured with too long of a flap. The 
unsafe condition, if not addressed, could result in failure of the 
reserve parachute to deploy when needed.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Corrective Actions

    (1) Before the next parachute jump after the effective date of 
this AD, modify the bottom tuck tab of the RPC by following the 
Procedure in Uninsured United Parachute Technologies, LLC, INSTRUCT-
064, Revision 1, dated February 10, 2021. Before the next parachute 
jump after the effective date of this AD, you may do the RPC 
replacement required by paragraph (g)(2) of this AD in lieu of doing 
this modification.
    (2) At the next reserve parachute packing after the effective 
date of this AD, replace the RPC by following the Procedure in 
Uninsured United Parachute Technologies, LLC, INSTRUCT-065, Revision 
0, dated February 12, 2021.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta 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 Related Information.
    (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.

(i) Related Information

    For more information about this AD, 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: <a href="/cdn-cgi/l/email-protection#a4d7c5c9d1c1c88acfcbd2cdd0c7cce4c2c5c58ac3cbd2"><span class="__cf_email__" data-cfemail="a4d7c5c9d1c1c88acfcbd2cdd0c7cce4c2c5c58ac3cbd2">[email&#160;protected]</span></a>.

(j) 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) Uninsured United Parachute Technologies, LLC, INSTRUCT-064, 
Revision 1, dated February 10, 2021.
    (ii) Uninsured United Parachute Technologies, LLC, INSTRUCT-065, 
Revision 0, dated February 12, 2021.
    (3) For the service information identified in this AD, contact 
Uninsured United Parachute Technologies, LLC, Engineering 
Department, 1645 Lexington Avenue, Deland, FL 32724; phone: (386) 
736-7589; email: <a href="/cdn-cgi/l/email-protection#e4919490a4919490928187908b96ca878b89"><span class="__cf_email__" data-cfemail="c0b5b0b480b5b0b4b6a5a3b4afb2eea3afad">[email&#160;protected]</span></a>; website: <a href="https://uptvector.com/product-service-bulletins/">https://uptvector.com/product-service-bulletins/</a>.
    (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 (816) 329-4148.
    (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: <a href="/cdn-cgi/l/email-protection#a2c4c7c6d0c7c58ccec7c5c3cee2ccc3d0c38cc5cdd4"><span class="__cf_email__" data-cfemail="aec8cbcadccbc980c2cbc9cfc2eec0cfdccf80c9c1d8">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on April 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-08460 Filed 4-21-21; 8:45 am]
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