Join ARSA Ask ARSA Pay ARSA

Pulling the Cord on Parachute ADs

Update: On May 17, ARSA provided a copy of its comments to to the Department of Transportation Office of General Counsel as follow up to its Dec. 3, 2021 letter requesting assistance untangling the FAA’s refusal to consider its authority to issue an airworthiness directive against a parachute. To read the letter, click here.


On April 14, ARSA commented on an Airworthiness Directive (AD) issued by the FAA against certain MARS A.S. emergency parachutes. The association questioned the agency’s authority to issue such an AD and requested its withdrawal.

The AD became effective on April 5 (superseding a previous release), issued as a final rule with request for comments. It addressed an unsafe condition related to the ripcord that could cause a malfunction of the emergency parachute. ARSA’s comments were unrelated to the technical matter, instead highlighting the limitations placed on the agency by the applicability of part 39.

Citing a 2021 exchange with the agency regarding a previous AD, the association explained such a parachute fails to meet the statutory or regulatory definition of “appliance” as required by § 39.3. Regardless of confusion caused by the statute’s use of examples, both the rules and the law require that to be an appliance the item must:

(1) Be used, capable of being used, or intended to be used in operating or controlling aircraft in flight.
(2) Be installed in or attached to aircraft during flight.
(3) Not be a part of an aircraft, aircraft engine, or propeller.

After recognizing the possibility that some parachutes may meet those requirements, ARSA’s comments conclude that the MARS ATL-15 SL does not: “Since such ‘personal parachute assemblies’ are not installed in or attached to an aircraft nor are they used, capable of being used or intended to be used in operating or controlling an aircraft in flight, the device at issue fails to meet either the statutory or regulatory definition of ‘appliance.’ Based on this analysis, the FAA does not have authority under § 39.3 to issue the subject ADs and must withdraw them.”

To read ARSA’s complete comments, click here.

To review the association’s previous exchange with the FAA, see the update below.

12/3/21 - Unpacking a Parachute AD

December 3, 2021

Update: On Dec. 3, ARSA sent a letter to the Department of Transportation Office of General Counsel. The association requested assistance from DOT after the FAA refused to consider the substantive question of its authority to issue an AD against a parachute. Click here to review the letter and attachments; ARSA members can find analysis in the November edition of the hotline.


On July 2, ARSA requested clarification of the FAA’s authority to issue an Airworthiness Directive, questioning the April 22 posting of an AD against certain Uninsured United Parachute Technologies, LLC Parachutes.

According to 14 CFR § 39.3: “FAA’s airworthiness directives are legally enforceable rules that apply to the following products: aircraft, aircraft engines, propellers, and appliances.” The association’s letter reviewed the relevant definitions in § 1.1 against this applicability, concluding a parachute could not be included under the definition of an aircraft, aircraft engine, propeller, or appliance.

“Considering the fact part 39 does not include parachutes in its applicability, please explain the FAA’s authority to issue the subject AD,” the letter requested.

ARSA followed up after the FAA’s initial response was unsatisfactory. Click here to review the exchange.

Learn more about ADs…

ARSA Training: Airworthiness Directives

And test your ability to define “appliance”…

Is it an Appliance? Why Do you Care? [On-demand Training]

 



More from ARSA

On Demand Training – HazMat Determinations

On Oct. 14, ARSA presented an online training session introducing the key definitions in 49 CFR tied to hazardous materials requirements for maintenance providers in 14 CFR. The level 1…Read More

Online Training – How to Keep the Pilot in the Plane

On Nov. 10, ARSA will present a new addition to its list of human factors training sessions reviewing the June 10, 1990 explosive decompression of British Airways flight 5390.  The…Read More

Don’t Let Your UK CAA Certificate Lapse

ARSA has learned that dozens of United Kingdom Civil Aviation Authority (UK CAA) Part-145 certificates issued to U.S. repair stations are at risk of lapsing because renewal applications have not…Read More

Quick Question – Designee Experience

ARSA calls on persons holding delegated authority from the FAA to respond to this “quick question” survey. Data collected through this effort will support ongoing efforts to assert designee due…Read More

Repair Station Radio Podcast – “Remote Control”

ARSA’s Sarah MacLeod, Christian Klein, and Brett Levanto take (a little more than) 10 minutes to react to an FAA blog post (yes…a blog post) with warnings wrapped in opportunity…Read More
ARSA