1066 Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 

5The additional designated exception will be 

posted to the FDIC’s Banker Resource Center 

(Brokered Deposits web page), available at: https:// 

www.fdic.gov/resources/bankers/brokered-deposits/ 

, will be updated to reflect this additional 

designated business exception. 

6 12 CFR 337.6(a)(5)(i)(A). 

to make conforming changes to the Call 

Report instructions in coordination with 

the Federal Financial Institutions 

Examination Council.5

The agent or nominee is ‘‘engaged in the 

business of placing’’ customer funds at IDIs, 

in a custodial capacity, based upon 

instructions received from a depositor or 

depositor’s agent specific to each IDI and 

deposit account, and the agent or nominee 

neither plays any role in determining at 

which IDI(s) to place any customers’ funds, 

nor negotiates or set rates, terms, fees, or 

conditions, for the deposit account. 

Over the past several months, in 

response to questions received, the FDIC 

has been considering the role that 

certain custodial agents play in various 

deposit placement arrangements. 

Specifically, in some deposit placement 

arrangements, a depositor, or a 

depositor’s agent, uses a custodial agent 

in placing depositor or customer funds 

at IDIs. Based on the ‘‘deposit broker’’ 

definition, these agents likely meet the 

‘‘engaged in the business of placing’’ 

part of the definition because they 

receive third party funds and place 

those funds at more than one IDI.6

The FDIC recognizes, however, that in 

certain arrangements, the agent or 

nominee, in a custodial capacity, places 

deposits but has no discretion over 

where the deposits are placed and acts 

solely upon instructions given by the 

depositor or the depositor’s agent 

specific to each deposit account. 

Moreover, in these arrangements, when 

the agent or nominee, acting in a 

custodial capacity, places deposits 

based upon instructions received from a 

depositor or depositor’s agent, it does so 

without playing any role in determining 

at which banks the depositor’s funds are 

to be placed nor does the agent negotiate 

or set rates, terms, fees, or conditions for 

the deposit account. 

As such, in these specific 

arrangements, it is the FDIC’s view that 

the agent or nominee’s primary purpose 

in placing deposits at IDIs is to provide 

non-discretionary custodial services on 

behalf of the depositor or depositor’s 

agent. Therefore, such entities will be 

deemed to meet the primary purpose 

exception. Accordingly, through this 

Notice, the FDIC is identifying this 

specific business relationship as a 

designated business relationship that 

meets the primary purpose exception. 

Entities that meet the criteria described 

in this Notice will be permitted to rely 

upon the exception without the 

submission of an application or notice. 

As noted above, a custodial agent that 

plays any role in determining at which 

IDI(s) to place any customers’ funds will 

not be eligible for the designated 

exception. As an example, a custodial 

agent that plays any role in creating, 

operating, or using an algorithm that is 

used to determine or recommend at 

which IDI(s) any customer funds are 

placed would be viewed as playing a 

role in determining at which banks the 

depositor’s funds are to be placed and 

thus not eligible for the designated 

exception. 

Involvement of Additional Third Party 

Deposit Brokers 

The FDIC notes that a depositor or 

depositor’s agent that meets the deposit 

broker definition and uses the services 

of a custodial agent that meets this 

designated exception to place deposits 

would result in such deposits being 

classified as brokered deposits. The 

involvement of the non-discretionary 

custodial agent does not change the 

classification of deposits placed by, or 

through the facilitation of, an entity that 

otherwise meets the deposit broker 

definition. 

Federal Deposit Insurance Corporation. 

Dated at Washington, DC, on December 29, 

2021. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2021–28540 Filed 1–7–22; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–1075; Special 

Conditions No. 25–599A–SC] 

Special Conditions: Dassault Aviation 

Model Falcon 6X Airplane; 

Hydrophobic Windshield Coatings in 

Lieu of Windshield Wipers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions, 

amendment. 

SUMMARY: These amended special 

conditions are issued for the Dassault 

Model Falcon 6X airplane. This airplane 

will have a novel or unusual design 

feature when compared to the state of 

technology envisioned in the 

airworthiness standards for transportcategory airplanes. This design feature 

is hydrophobic windshield coatings in 

lieu of windshield wipers. 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: This action is effective on 

Dassault on January 10, 2022. 

FOR FURTHER INFORMATION CONTACT: Paul 

Pellicano, AIR–625, Performance and 

Environment Section, Technical 

Innovation Policy Branch, Policy and 

Innovation Division, Federal Aviation 

Administration, 1701 Columbia Avenue, 

College Park, GA 30337; telephone and 

fax 404–474–5558, email 

Paul.Pellicano@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 1, 2012, Dassault Aviation 

applied for a type certificate for their 

new Model Falcon 5X airplane. Special 

conditions were issued for that design 

on September 15, 2015 (80 FR 55226). 

However, Dassault has decided not to 

release an airplane under the model 

designation Falcon 5X, instead choosing 

to change that model designation to 

Falcon 6X. 

In February of 2018, due to engine 

supplier issues, Dassault extended the 

type certificate application date for their 

Model Falcon 5X airplane under new 

Model Falcon 6X. This amendment to 

the original special conditions reflects 

the model-name change. This airplane is 

a twin-engine business jet with seating 

for 19 passengers and a maximum 

takeoff weight of 77,460 pounds. The 

Dassault Model Falcon 6X airplane 

design remains unchanged from the 

Model Falcon 5X in all material respects 

other than different engines. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Dassault Aviation must show that the 

Model Falcon 6X airplane meets the 

applicable provisions of part 25, as 

amended by Amendments 25–1 through 

25–146. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Dassault Model Falcon 6X 

airplane 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 


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Federal Register / Vol. 87, No. 6 / Monday, January 10, 2022 / Rules and Regulations 1067 

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, these special conditions 

would also apply to the other model 

under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model Falcon 6X 

airplane must comply with the fuel-vent 

and exhaust-emission requirements of 

14 CFR part 34, and the noisecertification requirements of 14 CFR 

part 36. 

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 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The Dassault Model Falcon 6X 

airplane flight deck design incorporates 

a hydrophobic coating as a primary 

means to provide adequate windshield 

view in the presence of atmospheric 

precipitation. Reliance on such a 

coating, in lieu of wipers, constitutes a 

novel or unusual design feature for 

which the applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards. 

Discussion 

Section 25.773(b)(1) requires a means 

to maintain a clear portion of the 

windshield for both pilots operating a 

transport-category airplane to have a 

sufficiently extensive view along the 

flight path during precipitation 

conditions. The regulations require this 

means to maintain such an area of clear 

vision during heavy-rain precipitation at 

airplane speeds up to 1.5 VSR1. 

This requirement has existed in 

principle since 1953 in part 4b of the 

‘‘Civil Air Regulations’’ (CAR). Section 

4b.351(b)(1) required that ‘‘Means shall 

be provided for maintaining a sufficient 

portion of the windshield clear so that 

both pilots are afforded a sufficiently 

extensive view along the flight path in 

all normal flight attitudes of the 

airplane. Such means shall be designed 

to function under the following 

conditions without continuous attention 

on the part of the crew: (i) In heavy rain 

at speeds up to 1.6 VS1, flaps retracted.’’ 

Effective December 26, 2002, 

Amendment 25–108 changed the speed 

for effectiveness of the means to 

maintain an area of clear vision from up 

to 1.6 VS1 to 1.5 VSR1 to accommodate 

the redefinition of the reference stall 

speed from the minimum speed in the 

stall, VS1, to greater than or equal to the 

1g stall speed, VSR1. As noted in the 

preamble to the final rule for that 

amendment, the reduced factor of 1.5 on 

VSR1 is to maintain approximately the 

same speed as the 1.6 factor on VS1. 

The requirement that the means to 

maintain a clear area of forward vision 

must function at high speeds and high 

precipitation rates is based on the use of 

windshield wipers as the means to 

maintain an adequate area of clear 

vision in precipitation conditions. The 

requirement in 14 CFR 121.313(b) and 

125.213(b) to provide ‘‘. . . a 

windshield wiper or equivalent for each 

pilot station . . .’’ has remained 

unchanged since at least 1953. 

The effectiveness of windshield 

wipers to maintain an area of clear 

vision normally degrades as airspeed 

and precipitation rates increase. It is 

assumed that because high speeds and 

high precipitation rates represent 

limiting conditions for windshield 

wipers, they will also be effective at 

lower speeds and precipitation levels. 

Accordingly, § 25.773(b)(1)(i) does not 

require maintenance of a clear area of 

forward vision at lower speeds or lower 

precipitation rates. 

A forced airflow blown directly over 

the windshield has also been used to 

maintain an area of clear vision in 

precipitation. The limiting conditions 

for this technology are comparable to 

those for windshield wipers. 

Accordingly, introduction of this 

technology did not present a need for 

special conditions to maintain the level 

of safety embodied in the existing 

regulations. 

Hydrophobic windshield coatings 

may depend to some degree on airflow 

to maintain a clear-vision area. The 

heavy rain and high speed conditions 

specified in the current rule do not 

necessarily represent the limiting 

condition for this new technology. For 

example, airflow over the windshield, 

which may be necessary to remove 

moisture from the windshield, may not 

be adequate to maintain a sufficiently 

clear-vision area of the windshield in 

low-speed flight or during surface 

operations. Alternatively, airflow over 

the windshield may be disturbed during 

such critical times as the approach to 

land, where the airplane is at a higherthan-normal pitch attitude. In these 

cases, areas of airflow disturbance or 

separation on the windshield could 

cause failure to maintain a clear-vision 

area on the windshield. 

In addition to potentially depending 

on airflow to function effectively, 

hydrophobic coatings may also be 

dependent on water-droplet size for 

effective precipitation removal. For 

example, precipitation in the form of a 

light mist may not be sufficient for the 

coating’s properties to result in 

maintaining a clear area of vision. 

The current regulations identify speed 

and precipitation rate requirements that 

represent limiting conditions for 

windshield wipers and blowers, but not 

for hydrophobic coatings. Likewise, it is 

necessary to issue special conditions to 

maintain the level of safety represented 

by the current regulations. 

These special conditions provide an 

appropriate safety standard for the 

hydrophobic-coating technology as the 

means to maintain a clear area of vision 

by requiring the coating to be effective 

at low speeds and low precipitation 

rates, as well as at the higher speeds and 

precipitation rates identified in the 

current regulation. 

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. 

Discussion of Comments 

The FAA issued Final special 

conditions, request for comment Special 

Conditions No. 25–599–SC for the 

Dassault Model Falcon 5X airplane, 

which was published in the Federal 

Register on September 15, 2015 (80 FR 

55226). No comments were received, 

and the special conditions are adopted 

as proposed, with amendments. 

Applicability 

As discussed above, these special 

conditions are applicable to the Dassault 

Model Falcon 6X airplane. Should 

Dassault 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 the 

Dassault Model Falcon 6X airplane. It is 

not a rule of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

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 typecertification basis for Dassault Model 

Falcon 6X airplanes. 


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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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