[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13659-13662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04631]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules 
and Regulations  

[[Page 13659]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0424; Project Identifier AD-2022-01575-A; 
Amendment 39-22368; AD 2023-04-20]
RIN 2120-AA64


Airworthiness Directives; Cirrus Design Corporation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Cirrus Design Corporation (Cirrus) Model SF50 airplanes. This AD was 
prompted by reports of an accident and an incident due to uncommanded 
activation of the Cirrus Airframe Parachute System (CAPS) autopilot 
mode while in flight. This AD requires booting the avionics in 
configuration mode, inhibiting the CAPS autopilot, fabricating and 
installing information placards, revising the existing airplane flight 
manual (AFM) for your airplane, and revising the airworthiness 
limitations section (ALS) of the existing airplane maintenance manual 
(AMM) or Instructions for Continued Airworthiness (ICA) and your 
existing approved maintenance or inspection program, as applicable. For 
certain airplanes, this AD also requires modifying the wiring to remove 
the CAPS power timer functionality. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective March 21, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 21, 
2023.
    The FAA must receive comments on this AD by April 20, 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 by 
searching for and locating Docket No. FAA-2023-0424; 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 Docket 
Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, MN 
55811; phone: (833) 735-0651; email: cirrusaircraft.com">info@cirrusaircraft.com; website: 
cirrusaircraft.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 by searching for and locating Docket No. FAA-2023-0424.

FOR FURTHER INFORMATION CONTACT: Joe Dubusky, Aviation Safety Engineer, 
Chicago ACO Branch, FAA, 2300 E Devon Avenue, Des Plaines, IL 60018; 
phone: (847) 294-7543; email: [email protected].

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-2023-0424 and Project Identifier 
AD-2022-01575-A'' 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 Joe 
Dubusky, Aviation Safety Engineer, Chicago ACO Branch, FAA, 2300 E 
Devon Avenue, Des Plaines, IL 60018. 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 received a report that a Cirrus Model SF50 airplane was 
involved in an accident in which multiple flight control issues 
occurred after takeoff, causing the pilot to manually deploy the CAPS 
parachute. The FAA has no data showing the pilot received any crew 
alert system (CAS) messages indicating a CAPS autopilot malfunction. It 
was determined that the uncommanded activation of the CAPS autopilot 
mode contributed to the accident. It was also determined that corrosion 
in the CAPS power timer circuit (part of the CAPS autopilot control 
mode circuit) may have

[[Page 13660]]

provided an erroneous signal to the CAPS control box, inadvertently 
activating the CAPS autopilot mode. The FAA received several additional 
reports of corrosion on the CAPS power timer circuits on Cirrus Model 
SF50 airplanes.
    The FAA also received a report of an autopilot auto-throttle 
malfunction on a Cirrus Model SF50 airplane that caused the airplane to 
pitch up during climb shortly after takeoff and required manual 
intervention by the pilot. This event, and the previously mentioned 
accident, occurred shortly after takeoff and at an altitude of less 
than 1,000 feet above ground level. The inadvertent activation of the 
CAPS autopilot mode introduces an uncommanded 30-degree pitch upward at 
a g-force of approximately 1.9g, which could cause the airplane to 
stall in a critical phase of flight if the autopilot is not 
disconnected.
    This condition, if not addressed, could result in reduced ability 
of the flight crew to maintain safe flight and landing of the airplane. 
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 Cirrus SF5X Service Bulletin SB5X-90-14R1, dated 
January 20, 2023. This service information specifies procedures for 
booting the avionics in configuration mode, inhibiting the CAPS 
autopilot, fabricating and installing information placards, and 
revising the AFM. For certain airplanes, the service information also 
provides procedures for modifying the wiring to remove the CAPS power 
timer functionality.
    The FAA also reviewed the following temporary changes. These 
temporary changes provide revised CAPS procedures including interior 
placards, emergency procedures, emergency CAS procedures, and abnormal 
CAS procedures for affected AFMs part number (P/N) 31452-001 Revision 
A1 and P/N 31452-002 Revision 3.
     Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary 
Change TAFM 22-03, dated December 8, 2022, for AFM 31452-001 Revision 
A1.
     Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary 
Change TAFM 22-04, dated December 8, 2022, for AFM 31452-002 Revision 
3.
    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. This AD also requires revising the 
existing AFM for your airplane and revising the ALS of the existing AMM 
or ICA and your existing approved maintenance or inspection program, as 
applicable.
    The owner/operator (pilot) holding at least a private pilot 
certificate may revise the existing AFM for your airplane and may 
revise the ALS of the existing AMM or ICA and your existing approved 
maintenance or inspection program, as applicable, and must enter 
compliance with the applicable paragraphs of this AD into the aircraft 
records in accordance with 14 CFR 43.9(a) and 14 CFR 91.417(a)(2)(v). 
The pilot may perform these actions because they only involve revising 
the existing AFM and the ALS of the existing AMM or the ICA and the 
existing approved maintenance or inspection program, as applicable. 
These actions could be performed equally well by a pilot or mechanic. 
This is an exception to the FAA's standard maintenance regulations.

Interim Action

    The FAA considers this AD to be an interim action. The manufacturer 
is currently developing a modification that will address the unsafe 
condition identified in this AD. Once the modification is developed, 
approved, and available, the FAA might consider additional rulemaking.

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 of the possibility of uncommanded activation of the CAPS 
autopilot mode occurring while in flight without advanced warning. The 
inadvertent activation of the CAPS autopilot mode introduces an 
uncommanded 30-degree pitch upward at a g-force of approximately 1.9g, 
which could cause the airplane to stall in a critical phase of flight 
if the autopilot is not disconnected. If not addressed, the unsafe 
condition could result in reduced ability of the flight crew to 
maintain safe flight and landing of the airplane. The actions of 
inhibiting the CAPS autopilot mode and installing CAPS information 
placards must be accomplished within 25 hours time-in-service, which is 
approximately 2.5 months based on the average flight-hour utilization 
rates of these airplanes. 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.

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 the 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 365 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

[[Page 13661]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Boot avionics in configuration    1 work-hour x $85   Not applicable....  $85 initially and   $31,025 initially.
 mode, set CAPS activated          per hour = $85.                         at each new
 autopilot to inhibited state,                                             software update/
 and incorporate Temporary                                                 load.
 Revisions into AFM.
Fabricate and install             1 work-hour x $85   Not Applicable....  $85...............  $31,025.
 information placards.             per hour = $85.
Modify the wiring to remove CAPS  1.5 work-hours x    Not Applicable....  $127.50...........  The FAA has no
 power timer functionality on      $85 per hour =                                              data to determine
 serial numbered airplanes 0005--  $127.50.                                                    the number of
 0272.                                                                                         airplanes that
                                                                                               might need this
                                                                                               modification.
Modify the wiring to remove CAPS  .5 work-hour x $85  Not Applicable....  $42.50............  The FAA has no
 power timer functionality on      per hour = $42.50.                                          data to determine
 serial numbered airplanes 0273--                                                              the number of
 0409.                                                                                         airplanes that
                                                                                               might need this
                                                                                               modification.
Revise the ALS of the existing    1 work-hour x $85   Not Applicable....  $85...............  $31,025.
 AMM or ICA.                       per hour = $85.
----------------------------------------------------------------------------------------------------------------

    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, 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:

2023-04-20 Cirrus Design Corporation: Amendment 39-22368; Docket No. 
FAA-2023-0424; Project Identifier AD-2022-01575-A.

(a) Effective Date

    This airworthiness directive (AD) is effective March 21, 2023.

(b) Affected ADs

    None.

(c) Applicability

    Cirrus Design Corporation (Cirrus) Model SF50 airplanes, all 
serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2200, Auto Flight 
System.

(e) Unsafe Condition

    This AD was prompted by reports of an accident and an incident 
due to uncommanded activation of the Cirrus Airframe Parachute 
System (CAPS) autopilot mode while in flight. The FAA is issuing 
this AD to address this unsafe condition. The unsafe condition, if 
not addressed, could result in the reduced ability of the flight 
crew to maintain safe flight and landing of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For serial numbers 0005 through 0409 inclusive, within 25 
hours time-in-service (TIS) after the effective date of this AD: Do 
the actions in paragraphs (g)(1)(i) through (iii) of this AD, in 
accordance with steps A., B., and C., of the Accomplishment 
Instructions of Cirrus SF5X Service Bulletin SB5X-90-14R1, dated 
January 20, 2023 (Cirrus SB5X-90-14R1), as applicable to the serial 
number of your airplane.
    (i) Boot avionics in configuration mode.
    (ii) Set CAPS activated autopilot to inhibited state.
    (iii) Fabricate and install information placards.
    (2) For serial numbers 0005 through 0409 inclusive, within 25 
hours TIS after the effective date of this AD: Revise the Emergency 
Procedures section of the existing airplane flight manual (AFM) for 
your airplane by inserting Cirrus Vision SF50 Airplane Flight Manual 
(AFM) Temporary Change TAFM 22-03, dated December 8, 2022, for AFM 
31452-001 Revision A1; or Cirrus Vision SF50 Airplane Flight Manual 
(AFM) Temporary Change TAFM 22-04, dated December 8, 2022, for AFM 
31452-002 Revision 3, as applicable to your airplane.
    (3) For all serial numbers, within 25 hours TIS after the 
effective date of this AD: Revise the airworthiness limitations 
section (ALS) of the existing airplane maintenance manual (AMM) or 
Instructions for Continued Airworthiness and your existing approved 
maintenance or inspection program, as applicable to your airplane, 
by incorporating the language in figure 1 to paragraph (g)(3) of 
this AD. This action can be done by placing a copy of this AD in the 
ALS of the existing AMM for your airplane.

Figure 1 to Paragraph (g)(3)--Inhibit CAPS Autopilot Mode

[[Page 13662]]

[GRAPHIC] [TIFF OMITTED] TR06MR23.011

    (4) For serial numbers 0005 through 0409 inclusive, the actions 
required by paragraph (g)(2) of this AD may be performed by the 
owner/operator (pilot) holding at least a private pilot certificate 
and must be entered into the aircraft records showing compliance 
with the applicable paragraphs of this AD in accordance with 14 CFR 
43.9(a) and 91.417(a)(2)(v). The record must be maintained as 
required by 14 CFR 91.417, 121.380, or 135.439.
    (5) For all serial numbers, the actions required by paragraph 
(g)(3) of this AD may be performed by the owner/operator (pilot) 
holding at least a private pilot certificate and must be entered 
into the aircraft records showing compliance with the applicable 
paragraphs of this AD in accordance with 14 CFR 43.9(a) and 
91.417(a)(2)(v). The record must be maintained as required by 14 CFR 
91.417, 121.380, or 135.439.
    (6) For serial numbers 0005 through 0409 inclusive on which 
Field Modification FRA00019905 has not been done, within 25 hours 
TIS after the effective date of this AD: Modify the wiring to remove 
the CAPS power timer functionality in accordance with step D. of the 
Accomplishment Instructions of Cirrus SB5X-90-14R1.

(h) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g)(1) 
of this AD if you performed those actions before the effective date 
of this AD using Cirrus SF5X Service Bulletin SB5X-90-14, dated 
December 8, 2022.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago 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) of this AD.
    (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

    For more information about this AD, contact Joe Dubusky, 
Aviation Safety Engineer, Chicago ACO Branch, FAA, 2300 E Devon 
Avenue, Des Plaines, IL 60018; phone: (847) 294-7543; email: 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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) Cirrus SF5X Service Bulletin SB5X-90-14R1, dated January 20, 
2023.
    (ii) Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary 
Change TAFM 22-03, dated December 8, 2022, for AFM 31452-001 
Revision A1.
    (iii) Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary 
Change TAFM 22-04, dated December 8, 2022, for AFM 31452-002 
Revision 3.
    (3) For service information identified in this AD, contact 
Cirrus Design Corporation, 4515 Taylor Circle, Duluth, MN 55811; 
phone: (833) 735-0651; email: cirrusaircraft.com">info@cirrusaircraft.com; website: 
cirrusaircraft.com.
    (4) 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.
    (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: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04631 Filed 3-2-23; 4:15 pm]
BILLING CODE 4910-13-P