35550 Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations 

each class of oil, including whether the 

estimated season average price to 

producers is likely to exceed parity. 

Based on its review, the Committee 

believes that the salable quantities and 

allotment percentages established in 

this rule will achieve the objectives 

sought. The Committee also believes 

that, should there be no volume 

regulation in effect for the upcoming 

marketing year, the Far West spearmint 

oil industry will return to the 

pronounced cyclical price patterns that 

occurred prior to the promulgation of 

the Order. As previously stated, annual 

salable quantities and allotment 

percentages have been issued for both 

classes of spearmint oil since the 

Order’s inception. The salable quantities 

and allotment percentages established 

herein are expected to facilitate the goal 

of maintaining orderly marketing 

conditions for Far West spearmint oil 

for the 2020–2021 and future marketing 

years. 

Costs to producers and handlers, large 

and small, resulting from this action are 

expected to be offset by the benefits 

derived from a more stable market and 

increased returns. The benefits of this 

rule are expected to be equally available 

to all producers and handlers regardless 

of their size. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes are necessary in those 

requirements as a result of this action. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This rule establishes the salable 

quantities and allotment percentages for 

Scotch spearmint oil and Native 

spearmint oil produced in the Far West 

during the 2020–2021 marketing year. 

Accordingly, this rule does not impose 

any additional reporting or 

recordkeeping requirements on either 

small or large spearmint oil producers 

or handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and publicsector agencies. USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on February 20, 2020 (85 FR 

9699). Copies of the proposed rule were 

also mailed or sent via facsimile to all 

Far West spearmint oil handlers. The 

proposal was made available through 

the internet by USDA and the Office of 

the Federal Register. A 60-day comment 

period ending April 20, 2020, was 

provided for interested persons to 

respond to the proposal. No comments 

were received during the comment 

period. Accordingly, no changes will be 

made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

For the reasons set forth in the 

preamble, 7 CFR part 985 is amended as 

follows: 

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST 

■ 1. The authority citation for 7 CFR 

part 985 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Add § 985.235 to read as follows: 

§ 985.235 Salable quantities and allotment 

percentages—2020–2021 marketing year. 

The salable quantity and allotment 

percentage for each class of spearmint 

oil during the marketing year beginning 

on June 1, 2020, shall be as follows: 

(a) Class 1 (Scotch) oil—a salable 

quantity of 838,404 pounds and an 

allotment percentage of 38 percent. 

(b) Class 3 (Native) oil—a salable 

quantity of 1,230,531 pounds and an 

allotment percentage of 49 percent. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2020–10945 Filed 6–10–20; 8:45 am] 

BILLING CODE 3410–02–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Parts 120 and 121 

[Docket Number SBA–2020–0034] 

RIN 3245–AH48 

Business Loan Program Temporary 

Changes; Paycheck Protection 

Program—Eligibility of Certain 

Telephone Cooperatives 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Interim final rule. 

SUMMARY: On April 2, 2020, the U.S. 

Small Business Administration (SBA) 

posted an interim final rule announcing 

the implementation of the Coronavirus 

Aid, Relief, and Economic Security Act 

(CARES Act). The CARES Act 

temporarily adds a new program, titled 

the ‘‘Paycheck Protection Program,’’ to 

the SBA’s 7(a) Loan Program. The 

CARES Act also provides for forgiveness 

of up to the full principal amount of 

qualifying loans guaranteed under the 

Paycheck Protection Program (PPP). The 

PPP is intended to provide economic 

relief to small businesses nationwide 

adversely impacted by the Coronavirus 

Disease 2019 (COVID–19). This interim 

final rule supplements previously 

published interim final rules by 

providing guidance on additional 

eligibility requirements for certain 

telephone cooperatives, and requests 

public comment. 

DATES:

Effective date: This rule is effective 

June 8, 2020. 

Applicability date: This interim final 

rule applies to applications submitted 

under the Paycheck Protection Program 

through June 30, 2020, or until funds 

made available for this purpose are 

exhausted. 

Comment date: Comments must be 

received on or before July 13, 2020. 

ADDRESSES: You may submit comments, 

identified by number SBA–2020–0034 

through the Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

SBA will post all comments on 

www.regulations.gov. If you wish to 

submit confidential business 


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Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations 35551 

information (CBI) as defined in the User 

Notice at www.regulations.gov, please 

send an email to ppp-ifr@sba.gov. 

Highlight the information that you 

consider to be CBI and explain why you 

believe SBA should hold this 

information as confidential. SBA will 

review the information and make the 

final determination whether it will 

publish the information. 

FOR FURTHER INFORMATION CONTACT: A 

Call Center Representative at 833–572– 

0502, or the local SBA Field Office; the 

list of offices can be found at https://

www.sba.gov/tools/local-assistance/ 

districtoffices. 

SUPPLEMENTARY INFORMATION: SBA 

posted additional interim final rules on 

April 3, 2020, April 14, 2020, April 24, 

2020, April 28, 2020, April 30, 2020, 

May 5, 2020, May 8, 2020, May 13, 

2020, May 14, 2020, May 18, 2020, May 

20, 2020, and May 22, 2020; SBA and 

Treasury posted an additional interim 

final rule on May 22, 2020; and the 

Department of the Treasury posted an 

additional interim final rule on April 

28, 2020. This interim final rule 

supplements the previously posted 

interim final rules by providing 

guidance on additional eligibility 

requirements for certain telephone 

cooperatives, and requests public 

comment. 

I. Background Information 

On March 13, 2020, President Trump 

declared the ongoing Coronavirus 

Disease 2019 (COVID–19) pandemic of 

sufficient severity and magnitude to 

warrant an emergency declaration for all 

States, territories, and the District of 

Columbia. With the COVID–19 

emergency, many small businesses 

nationwide are experiencing economic 

hardship as a direct result of the 

Federal, State, tribal, and local public 

health measures that are being taken to 

minimize the public’s exposure to the 

virus. These measures, some of which 

are government-mandated, are being 

implemented nationwide and include 

the closures of restaurants, bars, and 

gyms. In addition, based on the advice 

of public health officials, other 

measures, such as keeping a safe 

distance from others or even stay-athome orders, are being implemented, 

resulting in a dramatic decrease in 

economic activity as the public avoids 

malls, retail stores, and other 

businesses. 

On March 27, 2020, the President 

signed the Coronavirus Aid, Relief, and 

Economic Security Act (the CARES Act) 

(Pub. L. 116–136) to provide emergency 

assistance and health care response for 

individuals, families, and businesses 

affected by the coronavirus pandemic. 

The Small Business Administration 

(SBA) received funding and authority 

through the CARES Act to modify 

existing loan programs and establish a 

new loan program to assist small 

businesses nationwide adversely 

impacted by the COVID–19 emergency. 

Section 1102 of the CARES Act 

temporarily permits SBA to guarantee 

100 percent of 7(a) loans under a new 

program titled the ‘‘Paycheck Protection 

Program.’’ Section 1106 of the CARES 

Act provides for forgiveness of up to the 

full principal amount of qualifying 

loans guaranteed under the Paycheck 

Protection Program (PPP). On April 24, 

2020, the President signed the Paycheck 

Protection Program and Health Care 

Enhancement Act (Pub. L. 116–139), 

which provided additional funding and 

authority for the PPP. 

Among the categories of entities that 

are eligible PPP borrowers are business 

concerns and certain nonprofit 

organizations described in section 

501(c)(3) of the Internal Revenue Code 

(the Code). This interim final rule 

addresses the eligibility of mutual or 

cooperative telephone companies that 

are described in section 501(c)(12) of the 

Internal Revenue Code (telephone 

cooperatives) as PPP borrowers. Existing 

SBA regulations define ‘‘business 

concern’’ as ‘‘a business entity 

organized for profit,’’ subject to certain 

limitations. 13 CFR 121.105(a)(1). 

Generally, telephone cooperatives are 

organizations that are owned and 

controlled by members who receive 

telecommunications services from the 

cooperative. Telephone cooperatives 

periodically return any excess of net 

operating revenues over their cost of 

operations—such as through ‘‘capital 

credits’’—to their member-owners. In 

addition, telephone cooperatives 

meeting the description of section 

501(c)(12) of the Code may be exempt 

from federal income taxation under 

section 501(a) of the Code. To qualify 

for the exemption, a telephone 

cooperative must receive at least 85 

percent of its income each year from its 

members. The 85 percent member 

income test is computed annually. A 

telephone cooperative may be exempt in 

one year, lose exemption in another year 

if it does not derive at least 85 percent 

of its income from members, and 

become exempt in a third year. Because 

of their potential tax exemption under 

section 501(c)(12) of the Code, 

telephone cooperatives have faced 

uncertainty about their eligibility to 

receive PPP loans. 

The Administrator, in consultation 

with the Secretary, understands that 

telephone cooperatives are unusual in 

that they may be exempt from taxation 

or organized under state nonprofit 

statutes in certain jurisdictions, while 

they operate as businesses. For example, 

telephone cooperatives provide 

telecommunications services and 

distribute capital credits to their 

member-owners. 

On May 14, 2020, SBA posted an 

interim final rule providing that certain 

electric cooperatives, which may also be 

exempt from taxation or organized 

under state nonprofit statutes, but 

which return any excess of net operating 

revenues over their cost of operations to 

their member-owners, will be 

considered to be ‘‘a business entity 

organized for profit’’ under 13 CFR 

121.105(a)(1) for purposes of the PPP 

and therefore eligible to receive PPP 

loans, provided they meet other 

eligibility criteria. See 85 FR 29847. 

Because telephone cooperatives also 

operate as businesses, as described 

below, and to provide certainty to 

potential PPP applicants, this interim 

final rule provides that, for purposes of 

the PPP, a telephone cooperative that is 

exempt from federal income taxation 

under section 501(c)(12) of the Code 

also will be considered to be ‘‘a business 

entity organized for profit’’ under 13 

CFR 121.105(a)(1). As a result, such 

telephone cooperatives are eligible PPP 

borrowers, as long as other eligibility 

requirements are met. 

II. Comments and Immediate Effective 

Date 

The intent of the Act is that SBA 

provide relief to America’s small 

businesses expeditiously. This intent, 

along with the dramatic decrease in 

economic activity nationwide, provides 

good cause for SBA to dispense with the 

30-day delayed effective date provided 

in the Administrative Procedure Act. 

Specifically, it is critical to meet 

lenders’ and borrowers’ need for clarity 

concerning program requirements as 

rapidly as possible because the last day 

eligible borrowers can apply for and 

receive a loan is June 30, 2020. 

This interim final rule supplements 

previous regulations and guidance on an 

important, discrete issue. The 

immediate effective date of this interim 

final rule will benefit lenders so that 

they can swiftly close and disburse 

loans to small businesses. This interim 

final rule is effective without advance 

notice and public comment because 

section 1114 of the Act authorizes SBA 

to issue regulations to implement Title 

I of the Act without regard to notice 

requirements. This rule is being issued 

to allow for immediate implementation 

of this program. Although this interim 

final rule is effective immediately, 


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35552 Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations 

1Under the alternative size standard, a business 

concern, including a telephone cooperative, can 

qualify for the PPP as a small business concern if, 

as of March 27, 2020: (1) The maximum tangible net 

worth of the business was not more than $15 

million; and (2) the average net income after 

Federal income taxes (excluding any carry-over 

losses) of the business for the two full fiscal years 

before the date of the application is not more than 

$5 million. For a telephone cooperative that does 

not have net income, the telephone cooperative’s 

capital credits distributed to its owner-members 

will be considered its net income. 

comments are solicited from interested 

members of the public on all aspects of 

the interim final rule, including section 

III below. These comments must be 

submitted on or before July 13, 2020. 

SBA will consider these comments and 

the need for making any revisions as a 

result of these comments. 

III. Paycheck Protection Program 

Additional Eligibility Criteria 

Overview 

The CARES Act was enacted to 

provide immediate assistance to 

individuals, families, and organizations 

affected by the COVID–19 emergency. 

Among the provisions contained in the 

CARES Act are provisions authorizing 

SBA to temporarily guarantee loans 

under the PPP. Loans under the PPP 

will be 100 percent guaranteed by SBA, 

and the full principal amount of the 

loans and any accrued interest may 

qualify for loan forgiveness. Additional 

information about the PPP is available 

in interim final rules published by SBA 

and the Department of the Treasury in 

the Federal Register (85 FR 20811, 85 

FR 20817, 85 FR 21747, 85 FR 23450, 

85 FR 23917, 85 FR 26321, 85 FR 26324, 

85 FR 27287, 85 FR 29845, 85 FR 29842, 

85 FR 29847, 85 FR 30835, 85 FR 31357, 

85 FR 33004, and 85 FR 33010), 

collectively, the PPP Interim Final 

Rules. 

1. Eligibility of Certain Telephone 

Cooperatives 

Are telephone cooperatives that are 

exempt from federal income taxation 

under section 501(c)(12) of the Internal 

Revenue Code eligible for a PPP loan? 

Yes. Telephone cooperatives provide 

telecommunications services and return 

any excess of net operating revenues 

over their cost of operations to their 

member-owners, such as through capital 

credits. Accordingly, for purposes of the 

PPP, the Administrator, in consultation 

with the Secretary, has determined that 

a telephone cooperative that is exempt 

from federal income taxation under 

section 501(c)(12) of the Internal 

Revenue Code will be considered to be 

‘‘a business entity organized for profit’’ 

for purposes of 13 CFR 121.105(a)(1). As 

a result, such entities are eligible PPP 

borrowers, as long as other eligibility 

requirements are met. To be eligible, a 

telephone cooperative must satisfy the 

employee-based size standard 

established in the CARES Act, SBA’s 

employee-based size standard 

corresponding to its primary industry, if 

higher, or both tests in SBA’s 

‘‘alternative size standard.’’ 1 The 

Administrator, in consultation with the 

Secretary, has determined that this 

treatment is appropriate to effectuate the 

purposes of the CARES Act to provide 

assistance to eligible PPP borrowers, 

including business concerns, affected by 

the COVID–19 emergency. 

2. Additional Information 

SBA may provide further guidance, if 

needed, through SBA notices that will 

be posted on SBA’s website at 

www.sba.gov. Questions on the 

Paycheck Protection Program may be 

directed to the Lender Relations 

Specialist in the local SBA Field Office. 

The local SBA Field Office may be 

found at https://www.sba.gov/tools/ 

local-assistance/districtoffices. 

Compliance With Executive Orders 

12866, 12988, 13132, 13563, and 13771, 

the Paperwork Reduction Act (44 U.S.C. 

Ch. 35), and the Regulatory Flexibility 

Act (5 U.S.C. 601–612) 

Executive Orders 12866, 13563, and 

13771 

This interim final rule is 

economically significant for the 

purposes of Executive Orders 12866 and 

13563, and is considered a major rule 

under the Congressional Review Act. 

SBA, however, is proceeding under the 

emergency provision at Executive Order 

12866 Section 6(a)(3)(D) based on the 

need to move expeditiously to mitigate 

the current economic conditions arising 

from the COVID–19 emergency. This 

rule’s designation under Executive 

Order 13771 will be informed by public 

comment. 

Executive Order 12988 

SBA has drafted this rule, to the 

extent practicable, in accordance with 

the standards set forth in section 3(a) 

and 3(b)(2) of Executive Order 12988, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. The rule 

has no preemptive or retroactive effect. 

Executive Order 13132 

SBA has determined that this rule 

will not have substantial direct effects 

on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various layers of government. Therefore, 

SBA has determined that this rule has 

no federalism implications warranting 

preparation of a federalism assessment. 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35 

SBA has determined that this rule 

will not impose new or modify existing 

recordkeeping or reporting requirements 

under the Paperwork Reduction Act. 

Regulatory Flexibility Act (RFA) 

The Regulatory Flexibility Act (RFA) 

generally requires that when an agency 

issues a proposed rule, or a final rule 

pursuant to section 553(b) of the APA or 

another law, the agency must prepare a 

regulatory flexibility analysis that meets 

the requirements of the RFA and 

publish such analysis in the Federal 

Register. 5 U.S.C. 603, 604. Specifically, 

the RFA normally requires agencies to 

describe the impact of a rulemaking on 

small entities by providing a regulatory 

impact analysis. Such analysis must 

address the consideration of regulatory 

options that would lessen the economic 

effect of the rule on small entities. The 

RFA defines a ‘‘small entity’’ as (1) a 

proprietary firm meeting the size 

standards of the Small Business 

Administration (SBA); (2) a nonprofit 

organization that is not dominant in its 

field; or (3) a small government 

jurisdiction with a population of less 

than 50,000. 5 U.S.C. 601(3)–(6). Except 

for such small government jurisdictions, 

neither State nor local governments are 

‘‘small entities.’’ Similarly, for purposes 

of the RFA, individual persons are not 

small entities. The requirement to 

conduct a regulatory impact analysis 

does not apply if the head of the agency 

‘‘certifies that the rule will not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ 5 U.S.C. 

605(b). The agency must, however, 

publish the certification in the Federal 

Register at the time of publication of the 

rule, ‘‘along with a statement providing 

the factual basis for such certification.’’ 

If the agency head has not waived the 

requirements for a regulatory flexibility 

analysis in accordance with the RFA’s 

waiver provision, and no other RFA 

exception applies, the agency must 

prepare the regulatory flexibility 

analysis and publish it in the Federal 

Register at the time of promulgation or, 

if the rule is promulgated in response to 

an emergency that makes timely 

compliance impracticable, within 180 

days of publication of the final rule. 5 

U.S.C. 604(a), 608(b). Rules that are 

exempt from notice and comment are 

also exempt from the RFA requirements, 

including conducting a regulatory 

flexibility analysis, when among other 


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Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations 35553 

things the agency for good cause finds 

that notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest. SBA Office of 

Advocacy guide: How to Comply with 

the Regulatory Flexibility Act, Ch.1. p.9. 

Accordingly, SBA is not required to 

conduct a regulatory flexibility analysis. 

Jovita Carranza, 

Administrator. 

[FR Doc. 2020–12623 Filed 6–8–20; 2:00 pm] 

BILLING CODE 8026–03–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–0546; Project 

Identifier 2020–CE–001–AD; Amendment 

39–21137; AD 2020–03–50] 

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 certain 

Cirrus Design Corporation (Cirrus) 

Model SF–50 airplanes. This AD was 

sent previously as an emergency AD to 

all known U.S. owners and operators of 

these airplanes. This AD requires 

disconnecting and removing the headset 

amplifier and microphone interface 

circuit card assemblies for the 3.5 mm 

audio and microphone jacks. This AD 

was prompted by a cabin fire incident 

that occurred on a Cirrus Model SF50 

airplane during ground operations 

where the operator observed smoke 

exiting from behind the right sidewall 

interior panel. The FAA is issuing this 

AD to address the unsafe condition on 

these products. 

DATES: This AD is effective June 11, 

2020 to all persons except those persons 

to whom it was made immediately 

effective by Emergency AD 2020–03–50, 

issued on February 14, 2020, which 

contained the requirements of this 

amendment. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication identified in this 

AD as of June 11, 2020. 

The FAA must receive comments on 

this AD by July 27, 2020. 

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 final rule, contact Cirrus Design 

Corporation; 4515 Taylor Circle Duluth, 

MN 55811; phone: (800) 279–4322; 

email: info@cirrusaircraft.com; internet: 

https://cirrusaircraft.com. You may 

view the referenced service information 

at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 901 

Locust, Kansas City, Missouri 64106. 

For information on the availability of 

this material at the FAA, call (816) 329– 

4148. It is also available on the internet 

at https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–0546. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

0546; 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 regulatory evaluation, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Dubusky, Aerospace Engineer, 

Chicago ACO Branch, FAA, 2300 East 

Devon Avenue, Room 107, Des Plaines, 

Illinois 60018; phone: 847–294–7543; 

fax: 847–294–7834; email: 

joseph.dubusky@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On February 14, 2020, the FAA issued 

Emergency AD 2020–03–05, which 

requires disconnecting and removing 

the headset amplifier and microphone 

interface circuit card assemblies. This 

emergency AD was sent previously to 

all known U.S. owners and operators of 

these airplanes. This action was 

prompted by a cabin fire incident that 

occurred on a Cirrus Model SF50 

airplane during ground operations. The 

operator observed smoke exiting from 

behind the right sidewall interior panel 

located behind crew seat 2 and forward 

of passenger seat 5. The investigation 

into the incident determined the 

probable root cause was a malfunction 

of the headset amplifier (part number 

(P/N) 38849–001) and the microphone 

interface (P/N 35809–001) circuit card 

assemblies for the 3.5 millimeter (mm) 

audio and microphone jacks. This 

malfunction can result in an electrical 

short and subsequent uncontained cabin 

fire without activating circuit 

protection. 

This condition, if not addressed, 

could lead to an uncontained cabin fire, 

resulting in possible occupant injury or 

loss of airplane control. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Cirrus Alert 

Service Bulletin Number SBA5X–23–03, 

dated February 7, 2020 (SBA5X–23–03). 

The service information contains 

instructions to disconnect and remove 

the headset amplifier and microphone 

interface circuit card assemblies for the 

3.5 mm audio and microphone jacks. 

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 the ADDRESSES section. 

FAA’s Determination 

The FAA is issuing this AD because 

it evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

AD Requirements 

This AD requires accomplishing the 

actions specified in SBA5X–23–03 as 

described previously. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

required the immediate adoption of 

Emergency AD 2020–03–50, issued on 

February 14, 2020, to all known U.S. 

owners and operators of these airplanes. 

The FAA found that the risk to the 

flying public justified waiving notice 

and comment prior to adoption of this 

rule because immediate corrective 

action was necessary to prevent an 

electrical short and subsequent 

uncontained cabin fire, which could 

result in occupant injury or loss of 

airplane control. These conditions still 

exist and the AD is hereby published in 

the Federal Register as an amendment 

to section 39.13 of the Federal Aviation 

Regulations (14 CFR 39.13) to make it 

effective to all persons. Therefore, the 

FAA finds good cause that notice and 


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