[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Proposed Rules]
[Pages 29962-29963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12875]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE308; Notice No. 23-10-02-SC]


Special Conditions: Cirrus Design Corporation Model SF50 
Airplane; Function and Reliability Testing

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Cirrus Design 
Corporation SF50 airplane. This airplane will have a novel or unusual 
design feature(s) associated with the complex design and performance 
features consistent with larger airplanes. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. These proposed special conditions contain the 
additional safety standards that the Administrator considers necessary 
to establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: We must receive your comments by June 28, 2010.

ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Regional Counsel, ACE-7, 901 Locust, Kansas City, MO 
64106. You may deliver two copies to the Regional Counsel at the above 
address. Mark your comments: Docket No. CE308. You may inspect comments 
in the Rules Docket weekdays, except Federal holidays, between 7:30 
a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT:  J. Lowell Foster, Federal Aviation 
Administration, Small Airplane Directorate, Aircraft Certification 
Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 
329-4125; facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested persons to take submit such written data, 
views, or arguments as they desire. The most helpful comments reference 
a specific portion of the special conditions, explain the reason for 
any recommended change, and include supporting data. We ask that you 
send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
about these special conditions. You may inspect the docket before and 
after the comment closing date. If you wish to review the docket in 
person, go to the address in the ADDRESSES section of this preamble 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    We will consider all comments we receive by the closing date for 
comments. We will consider comments filed late if it is possible to do 
so without incurring expense or delay. We may change these special 
conditions based on the comments we receive.
    If you want us to let you know we received your comments on these 
special conditions, send us a pre-addressed, stamped postcard on which 
the docket number appears. We will stamp the date on the postcard and 
mail it back to you.

Background

    On April 29, 2010, Cirrus Design Corporation applied for a type 
certificate for their new Model SF 50 ``Vision'' Jet. The SF50 is a 
low-wing, five-plus-two-place (2 children), single-engine turbofan-
powered aircraft. It incorporates an Electronic Flight Information 
System (EFIS), pressurized cabin, retractable gear, and a V-tail. The 
turbofan engine is mounted on the upper fuselage/tail cone along the 
aircraft centerline. It is constructed largely of carbon and fiberglass 
composite materials. Like other Cirrus products, the SF50 includes a 
ballistically deployed airframe parachute.
    The model SF50 has a maximum operating altitude of 28,000 feet, 
where it cruises at speeds up to 300 KTAS. Its V<INF>MO</INF> will not 
exceed 0.62 Mach. The maximum takeoff weight will be at or below 6000 
pounds with a range at economy cruise of roughly 1000 nm. Cirrus 
intends for the model SF50 to be certified for single-pilot operations 
under 14 CFR part 91 and 14 CFR part 135 operating rules. The following 
operating conditions will be included:
    <bullet> Day and Night VFR.
    <bullet> IFR.
    <bullet> Flight into Known Icing.

Discussion

    Before Amendment 3-4, Section 3.19 of Civil Air Regulation (CAR) 
part 3 required service testing of all airplanes type certificated on 
or after May 15, 1947. The purpose of the testing was to ``ascertain 
whether there is reasonable assurance that the airplane, its 
components, and equipment are reliable, and function properly.''
    Amendment 3-4 to CAR part 3 became effective January 15, 1951, and 
deleted the service test requirements in Section 3.19 for airplanes of 
6,000 pounds maximum weight or less. The introductory text published in 
Amendment 3-4 explained that most of the significant changes in the 
amendment stemmed from ``the desire for simplification of the rules in 
this part with respect to the smaller airplanes, specifically those of 
6,000 pounds maximum weight or less, which would be expected to be used 
mainly as personal airplanes.'' The introductory material also stated 
the service test requirement was removed for airplanes

[[Page 29963]]

of 6,000 pounds maximum weight or less because ``experience seems to 
indicate that this rule imposes a burden upon the manufacturers not 
commensurate with the safety gained.'' The requirement for Function and 
Reliability (F&R) testing, and the exception for airplanes of 6,000 
pounds or less maximum weight, is now found in 14 CFR part 21, section 
21.35(b)(2).
    The decision to exempt airplanes of 6,000 pounds maximum weight or 
less from F&R testing was based on the state of technology envisioned 
in 1951. At that time, airplanes of 6,000 pounds maximum weight or less 
were expected to be used mainly as personal airplanes. They used 
simple, ``stand-alone'' systems whose failure was more likely to be an 
inconvenience than an accident. The situation is different today. 
Technological advances allow airplanes weighing less than 6,000 pounds 
to be more complex and integrated than some transports. New part 23 
airplanes can incorporate sophisticated equipment not previously used 
in a part 23 aircraft. Additionally, part 23 airplanes are being used 
for business and commercial transportation. They should no longer be 
envisioned mainly as personal airplanes. Therefore, a special condition 
to require F&R testing for airplanes weighing 6,000 pounds or less is 
needed where the level of sophistication is beyond evaluating failures 
by inspection.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Cirrus Design Corporation 
must show that the SF50 meets the applicable provisions of part 23, as 
amended by Amendment 23-1 through 23-59 thereto.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., part 23) do not contain adequate or appropriate 
safety standards for the SF 50 because of a novel or unusual design 
feature, special conditions are prescribed under the provisions of 
Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the SF50 must comply with the fuel vent and exhaust 
emission requirements of 14 CFR part 34 and the noise certification 
requirements of 14 CFR part 36; and the FAA must issue a finding of 
regulatory adequacy under Sec.  611 of Public Law 92-574, the ``Noise 
Control Act of 1972.''
    The FAA issues special conditions, as defined in Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis under 
Sec.  21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, the special conditions would also apply to the 
other model.

Novel or Unusual Design Features

    The SF 50 will incorporate the following novel or unusual design 
features: Complex design and performance features consistent with 
technologically advanced aircraft over 6,000 pounds.

Applicability

    As discussed above, these special conditions are applicable to the 
SF50. Should Cirrus Design Corporation apply at a later date for a 
change to the type certificate to include another model incorporating 
the same novel or unusual design feature, the special conditions would 
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on model SF50 airplanes. It is not a rule of general applicability and 
affects only the applicant who applied to the FAA for approval of these 
features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.38 and 11.19.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following Special conditions as part of the type certification basis 
for Cirrus Design Corporation model SF50 airplanes.
1. Function and Reliability Testing
    Flight tests: In place of 14 CFR part 21.35(b)(2), the following 
applies:
    (b) Upon showing compliance with paragraph (a) of 14 CFR part 
21.35(a), the applicant must make all flight tests that the 
Administrator finds necessary--
    (2) For aircraft to be certificated under this subchapter to 
determine whether there is reasonable assurance that the aircraft, its 
components, and its equipment are reliable and function properly.
    Additionally the provisions of 14 CFR part 21.35(c) and 21.35(f) 
then apply:
    (c) Each applicant must, if practicable, make the tests described 
in paragraph (b)(2) of this section upon the aircraft that was used to 
show compliance with--
    (1) Paragraph (b)(1) of this section; and
    (2) --.
    (f) The flight tests prescribed in paragraph (b)(2) of this section 
must include--
    (1) For aircraft incorporating turbine engines of a type not 
previously used in a type certificated aircraft, at least 300 hours of 
operation with a full complement of engines that conform to a type 
certificate; and
    (2) For all other aircraft, at least 150 hours of operation.

    Issued in Kansas City, Missouri on May 18, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-12875 Filed 5-27-10; 8:45 am]
BILLING CODE 4910-13-P