1068 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 

The airplane must have a means to 

maintain a clear portion of the 

windshield, during precipitation 

conditions, enough for both pilots to 

have a sufficiently extensive view along 

the ground or flight path in normal taxi 

and flight attitudes of the airplane. This 

means must be designed to function, 

without continuous attention on the 

part of the flightcrew, in conditions 

from light misting precipitation to heavy 

rain, at speeds from fully stopped in 

still air, to 1.5 VSR1 with lift and drag 

devices retracted. 

Issued in Kansas City, Missouri, on January 

4, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–00129 Filed 1–7–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 27 

[Docket No. FAA–2021–0705; Special 

Conditions No. 27–056–SC] 

Special Conditions: Vector Aerospace 

Helicopter Services USA, Airbus 

Helicopters Model AS350B2 and 

AS350B3 Helicopters; Stability 

Augmentation System and Automatic 

Flight Control System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Airbus Helicopters 

(Airbus) Model AS350B2 and AS350B3 

helicopters. These helicopters, as 

modified by Vector Aerospace 

Helicopter Services USA (Vector), will 

have a novel or unusual design feature 

when compared to the state of 

technology envisioned in the 

airworthiness standards for helicopters. 

This design feature is the installation of 

a stability augmentation system and 

automatic flight control system (SAS/ 

AFCS). The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These 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: These special conditions are 

effective January 10, 2022. Send 

comments on or before February 24, 

2022. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2021–0705 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, 

DC, 20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: 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 http://

www.regulations.gov/, including any 

personal information you provide. The 

FAA will also post a report 

summarizing each substantive verbal 

contact received about this document. 

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 document 

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 document, 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 the 

indicated comments will not be placed 

in the public docket of this document. 

Submissions containing CBI should be 

sent to Marie Hogestad, Aircraft 

Information Systems Section, AIR–620, 

Technical Innovation Policy Branch, 

Policy and Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 S 216th Street, 

Des Moines, WA 98198; telephone 206– 

231–3157; email Marie.Hogestad@

faa.gov. Comments the FAA receives, 

which are not specifically designated as 

CBI, will be placed in the public docket 

for this rulemaking. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Marie Hogestad, Aircraft Information 

Systems Section, AIR–620, Technical 

Innovation Policy Branch, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 S 216th Street, 

Des Moines, WA 98198; telephone 206– 

231–3157; email Marie.Hogestad@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Reason for No Prior Notice and 

Comment Before Adoption 

The FAA has determined, in 

accordance with 5 U.S.C. 553(b)(3)(B) 

and 553(d)(3), that notice of, and 

opportunity for prior public comment 

hereon are unnecessary because 

substantially identical special 

conditions have been previously subject 

to the public comment process in 

several prior instances such that the 

FAA is satisfied that new comments are 

unlikely. For the same reason, the FAA 

finds that good cause exists for adopting 

these special conditions upon issuance. 

The FAA is requesting comments to 

allow interested persons to submit 

views that may not have been submitted 

in response to the prior opportunities 

for comment. 

Comments Invited 

The FAA invites interested people to 

take part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

The FAA will consider all comments 

received by the closing date for 

comments. The FAA may change these 

special conditions based on the 

comments received. 

Background 

On February 21, 2019, Vector applied 

for a supplemental type certificate for 

the installation of SAS/AFCS on the 

Airbus Model AS350B2 and AS350B3 

helicopters. The Airbus Model AS350B2 

and AS350B3 helicopters are 14 CFR 

part 27 normal category, single turbine 


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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 1069 

engine, conventional helicopters 

designed for civil operation. These 

helicopters can carry up to six 

passengers with one pilot and have a 

maximum takeoff weight of up to 6,173 

pounds, depending on the model 

configuration. The major design features 

include a three-blade main rotor, an 

anti-torque tail rotor system, skid 

landing gear, and a visual flight rule 

basic avionics configuration. Vector 

proposes to modify these model 

helicopters by installing the Thales 

Compact Autopilot System (CAPS), 

which is a 4-axis SAS/AFCS. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Vector must show that the 

Airbus Model AS350B2 and AS350B3 

helicopters, as changed, continue to 

meet the applicable provisions of the 

regulations listed in Type Certificate No. 

H9EU or the applicable regulations in 

effect on the date of application for the 

change, except for earlier amendments 

as agreed upon by the FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

(e.g., 14 CFR part 27) do not contain 

adequate or appropriate safety standards 

for the Airbus Model AS350B2 and 

AS350B3 helicopters because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same novel or unusual design feature, 

these special conditions would also 

apply to the other model under § 21.101. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.101. 

Novel or Unusual Design Feature 

The Airbus Model AS350B2 and 

AS350B3 helicopters will incorporate 

the following novel or unusual design 

feature: SAS/AFCS. An AFCS is a 

system used to control the trajectory of 

an aircraft without constant input from 

the pilot. The AFCS allows the pilot to 

focus on other aspects of the operation, 

such as weather and other systems. SAS 

is another automatic control system; 

however, instead of maintaining the 

aircraft on a predetermined attitude or 

flight path, the SAS will reduce pilot 

workload by dampening the aircraft 

buffeting regardless of the attitude or 

flight path. 

Discussion 

The Thales CAPS (SAS/AFCS) 

utilizes serial and parallel actuators 

installed in each control axis to provide 

an enhancement to basic aircraft 

stability and handling qualities and 

allow fully automatic vertical and 

lateral autopilot coupling. 

Consequently, the Thales CAPS 

installed in the Airbus Model AS350B2 

and AS350B3 helicopters may include 

failure modes that could prevent 

continued safe flight and landing. 

When § 27.1309(b) and (c) were 

promulgated, it was not envisioned that 

this type of rotorcraft would use systems 

whose failures could result in 

‘‘Catastrophic’’ or ‘‘Hazardous/SevereMajor’’ failure conditions, or complex 

systems whose failures could result in 

‘‘Major’’ failure conditions, as defined 

in FAA Advisory Circular 27–1B 

Certification of Normal Category 

Rotorcraft (AC 27–1B). Accordingly, the 

crew’s interaction with these types of 

systems and awareness of their behavior 

and operating condition was not 

addressed. Paragraph (c) of these special 

conditions addresses the crew’s 

interaction with information concerning 

unsafe system operating conditions. An 

unsafe system operating condition 

would cause serious injuries or 

fatalities. Therefore, 14 CFR 27.1309 (b) 

and (c) do not adequately address the 

safety requirements to certify this type 

of system installation. 

The Airbus Model AS350B2 and 

AS350B3 helicopters type certification 

basis as modified by Vector does not 

contain adequate airworthiness 

standards for the SAS/AFCS. Therefore 

these special conditions require Vector 

to provide the FAA with a systems 

safety assessment (SSA) for the final 

SAS/AFCS installation configuration to 

adequately address the safety objectives 

established by the functional hazard 

assessment (FHA) required by § 27.1309. 

This process will ensure that Vector 

adequately address all failure conditions 

and effects for the installed SAS/AFCS. 

The SSA process is part of the overall 

safety assessment process discussed in 

AC 27–1B and Society of Automotive 

Engineers document Aerospace 

Recommended Practice 4761, 

Guidelines and Methods for Conducting 

the Safety Assessment Process on Civil 

Airborne Systems and Equipment. 

These special conditions require that 

the SAS/AFCS installed on Airbus 

Model AS350B2 and AS350B3 

helicopters meet the requirements to 

address the failure effects identified by 

the FHA adequately and subsequently 

verified by the SSA, within the defined 

design integrity requirements. 

Failure conditions are classified 

according to the severity of their effects 

on the rotorcraft. Radio Technical 

Commission for Aeronautics, Inc. 

(RTCA) Document DO–178C, Software 

Considerations in Airborne Systems and 

Equipment Certification, provides 

software design assurance levels most 

commonly used for the major, 

hazardous/severe-major, and 

catastrophic failure condition 

categories. The SAS/AFCS equipment 

should be qualified for the expected 

installation environment. The FAA 

recognizes the test procedures 

prescribed in RTCA Document DO– 

160G, Environmental Conditions and 

Test Procedures for Airborne 

Equipment, as acceptable methodologies 

for finding compliance with the 

environmental requirements. Equivalent 

environment test standards may also be 

acceptable. 

The environmental qualification 

provides data to show that the SAS/ 

AFCS can perform its intended function 

under the expected operating condition. 

Some of the main considerations for 

environmental concerns are installation 

locations and the resulting exposure to 

environmental conditions for the SAS/ 

AFCS equipment, including 

considerations for other equipment that 

may also be affected environmentally by 

the SAS/AFCS equipment installation. 

The level of environmental qualification 

must be related to the severity of the 

considered failure conditions and 

effects on the rotorcraft. 

These 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. 

Applicability 

As discussed above, these special 

conditions are applicable to the Airbus 

Model AS350B2 and AS350B3 

helicopters with the SAS/AFCS 

installed. Should Vector apply at a later 

date for a supplemental type certificate 

to modify any other model included on 

Type Certificate No. H9EU to 

incorporate the same novel or unusual 

design feature, these special conditions 

would apply to that model as well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on the 

Airbus Model AS350B2 and AS350B3 

helicopters. It is not a rule of general 

applicability and affects only the 

applicant who applied to the FAA for 

approval of these features on these 

helicopters. 


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1070 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 

1Public Law 114–74, 701, 129 Stat. 599 (2015). 

The Act amends the Federal Civil Penalties 

Inflation Adjustment Act (‘‘FCPIAA’’), Public Law 

101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461 

note). 

2 81 FR 42476 (2016); 82 FR 8135 (2017); 83 FR 

2902 (2018); 84 FR 3980 (2019), 85 FR 2014 (2020); 

86 FR 2539 (2021). 

3 16 CFR 1.98. 4 28 U.S.C. 2461 note (4). 

List of Subjects in 14 CFR Part 27 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701, 44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for the Airbus 

Helicopters (Airbus) Model AS350B2 

and AS350B3 helicopters, as modified 

by Vector Aerospace Helicopter Services 

USA. 

For certification of the stability 

augmentation system and automatic 

flight control system (SAS/AFSC) 

installed on Airbus Model AS350B2 and 

AS350B3 helicopters, instead of the 

requirements of 14 CFR 27.1309(b) and 

(c), the following must be met: 

(a) These systems and their 

equipment must be designed and 

installed so that they do not adversely 

affect the safety of the rotorcraft or its 

occupants. 

(b) These systems and their associated 

components considered separately and 

in relation to other systems must be 

designed and installed so that: 

(1) The occurrence of any catastrophic 

failure condition is extremely 

improbable; 

(2) The occurrence of any hazardous 

failure condition is extremely remote; 

and 

(3) The occurrence of any major 

failure condition is remote. 

(c) Information concerning an unsafe 

system operating condition must be 

provided in a timely manner to the crew 

to enable them to take appropriate 

corrective action. An appropriate alert 

must be provided if immediate pilot 

awareness and immediate or subsequent 

corrective action are required. These 

systems and their controls, including 

indications and annunciations, must be 

designed to minimize crew errors that 

could create additional hazards. 

Issued in Kansas City, Missouri, on January 

4, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–00096 Filed 1–7–22; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 1 

Adjustments to Civil Penalty Amounts 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

is implementing adjustments to the civil 

penalty amounts within its jurisdiction 

to account for inflation, as required by 

law. 

DATES: Effective January 10, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Marie Choi, Attorney (202–326–3368), 

Office of the General Counsel, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: The 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 1 directs agencies to adjust the civil 

penalty maximums under their 

jurisdiction for inflation every January. 

Accordingly, the Commission issues 

annual adjustments to the maximum 

civil penalty amounts under its 

jurisdiction.2

Commission Rule 1.98 sets forth the 

applicable civil penalty amounts for 

violations of certain laws enforced by 

the Commission.3 As directed by the 

FCPIAA, the Commission is issuing 

adjustments to increase these maximum 

civil penalty amounts to address 

inflation since its prior 2021 

adjustment. The following adjusted 

amounts will take effect on January 10, 

2022: 

• Section 7A(g)(1) of the Clayton Act, 

15 U.S.C. 18a(g)(1) (premerger filing 

notification violations under the HartScott-Rodino Improvements Act)— 

Increase from $43,792 to $46,517; 

• Section 11(l) of the Clayton Act, 15 

U.S.C. 21(l) (violations of cease and 

desist orders issued under Clayton Act 

section 11(b))—Increase from $23,266 to 

$24,714; 

• Section 5(l) of the FTC Act, 15 

U.S.C. 45(l) (unfair or deceptive acts or 

practices)—Increase from $43,792 to 

$46,517; 

• Section 5(m)(1)(A) of the FTC Act, 

15 U.S.C. 45(m)(1)(A) (unfair or 

deceptive acts or practices)—Increase 

from $43,792 to $46,517; 

• Section 5(m)(1)(B) of the FTC Act, 

15 U.S.C. 45(m)(1)(B) (unfair or 

deceptive acts or practices)—Increase 

from $43,792 to $46,517; 

• Section 10 of the FTC Act, 15 U.S.C. 

50 (failure to file required reports)— 

Increase from $576 to $612; 

• Section 5 of the Webb-Pomerene 

(Export Trade) Act, 15 U.S.C. 65 (failure 

by associations engaged solely in export 

trade to file required statements)— 

Increase from $576 to $612; 

• Section 6(b) of the Wool Products 

Labeling Act, 15 U.S.C. 68d(b) (failure 

by wool manufacturers to maintain 

required records)—Increase from $576 

to $612; 

• Section 3(e) of the Fur Products 

Labeling Act, 15 U.S.C. 69a(e) (failure to 

maintain required records regarding fur 

products)—Increase from $576 to $612; 

• Section 8(d)(2) of the Fur Products 

Labeling Act, 15 U.S.C. 69f(d)(2) (failure 

to maintain required records regarding 

fur products)—Increase from $576 to 

$612; 

• Section 333(a) of the Energy Policy 

and Conservation Act, 42 U.S.C. 6303(a) 

(knowing violations of EPCA § 332, 

including labeling violations)—Increase 

from $474 to $503; 

• Section 525(a) of the Energy Policy 

and Conservation Act, 42 U.S.C. 6395(a) 

(recycled oil labeling violations)— 

Increase from $23,266 to $24,714; 

• Section 525(b) of the Energy Policy 

and Conservation Act, 42 U.S.C. 6395(b) 

(willful violations of recycled oil 

labeling requirements)—Increase from 

$43,792 to $46,517; 

• Section 621(a)(2) of the Fair Credit 

Reporting Act, 15 U.S.C. 1681s(a)(2) 

(knowing violations of the Fair Credit 

Reporting Act)—Increase from $4,111 to 

$4,367; 

• Section 1115(a) of the Medicare 

Prescription Drug Improvement and 

Modernization Act of 2003, Public Law 

108–173, as amended by Public Law 

115–263, 21 U.S.C. 355 note (failure to 

comply with filing requirements)— 

Increase from $15,482 to $16,445; and 

• Section 814(a) of the Energy 

Independence and Security Act of 2007, 

42 U.S.C. 17304 (violations of 

prohibitions on market manipulation 

and provision of false information to 

federal agencies)—Increase from 

$1,246,249 to $1,323,791. 

Calculation of Inflation Adjustments 

The FCPIAA, as amended, directs 

federal agencies to adjust each civil 

monetary penalty under their 

jurisdiction for inflation in January of 

each year pursuant to a cost-of-living 

adjustment.4 The cost-of-living 


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