This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

6017 

Vol. 87, No. 23 

Thursday, February 3, 2022 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 214 and 274a 

[CIS No. 2708–21] 

RIN 1615–AC77 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

[DOL Docket No. ETA–2022–0001] 

RIN 1205–AC09 

Exercise of Time-Limited Authority To 

Increase the Fiscal Year 2022 

Numerical Limitation for the H–2B 

Temporary Nonagricultural Worker 

Program and Portability Flexibility for 

H–2B Workers Seeking To Change 

Employers 

Correction 

In rule document 2022–01866, 

appearing on pages 4722 through 4762 

in the issue of Friday, January 28, 2022, 

make the following correction: 

§ 655.64 Special application filing and 

eligibility provisions for Fiscal Year 2022 

under the January 28, 2022 supplemental 

cap increase. [Corrected] 

■ On page 4761, in the second column, 

in the second paragraph, on the first 

line, ‘‘January 27, 2022’’ should read, 

‘‘January 28, 2022’’. 

[FR Doc. C1–2022–01866 Filed 2–2–22; 8:45 am] 

BILLING CODE 0099–10–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2021–0897; Special 

Conditions No. 25–797–SC] 

Special Conditions: Dassault Aviation 

Model Falcon 6X Airplane; ElectronicSystem Security Protection From 

Unauthorized External Access 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Dassault Aviation 

(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 

transport-category airplanes. This 

design feature is the installation of a 

electronic network system architecture 

that allows connection to airplane 

electronic systems and networks, and 

access from airplane external sources 

(e.g., operator networks, wireless 

devices, internet connectivity, service 

provider satellite communications, 

electronic flight bags, etc.) to the 

previously isolated airplane electronic 

assets (networks, systems, and 

databases). 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 February 3, 2022. Send 

comments on or before March 21, 2022. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2021–0897 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

https://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 https://

www.regulations.gov/, including any 

personal information you provide. The 

FAA will also post a report 

summarizing each substantive verbal 

contact received about these special 

conditions. 

Confidential Business Information: 

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 these special conditions, 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to these special conditions. 

Notice, 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 these special 

conditions. Send submissions 

containing CBI to the Information 

Contact below. 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 

https://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: 

Thuan T. Nguyen, Aircraft Information 


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6018 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

Systems, AIR–622, Technical 

Innovation Policy Branch, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 South 216th 

Street, Des Moines, Washington 98198; 

telephone and fax 206–231–3365; email 

thuan.t.nguyen@faa.gov. 

SUPPLEMENTARY INFORMATION: The 

substance of these special conditions 

has been published in the Federal 

Register for public comment in several 

prior instances with no substantive 

comments received. Therefore, the FAA 

finds, pursuant to § 11.38(b), that new 

comments are unlikely, and notice and 

comment prior to this publication are 

unnecessary. 

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 July 1, 2012, Dassault Aviation 

applied for a type certificate for their 

new Model Falcon 5X airplane. 

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 airplane is a 

twin-engine business jet with seating for 

19 passengers, and has a maximum 

takeoff weight of 77,460 pounds. 

Type Certification Basis 

Under the provisions of title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Dassault 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 

(e.g., 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 

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 Dassault Model Falcon 

6X airplane must comply with the fuelvent 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 will incorporate the following 

novel or unusual design feature: 

The installation of electronic network 

system architecture that allows access 

from airplane external sources (e.g., 

operator networks, wireless devices, 

internet connectivity, service provider 

satellite communications, electronic 

flight bags, etc.) to the airplane’s 

previously isolated electronic assets 

(networks, systems, and databases). 

Discussion 

The Dassault Model Falcon 6X 

airplane architecture and network 

configuration is novel or unusual for 

commercial transport airplanes because 

it may allow increased connectivity to 

and access from external network 

sources, airline operations, and 

maintenance networks, to the airplane’s 

control domain and airline information 

services domain. The airplane’s control 

domain and airline information-services 

domain perform functions required for 

the safe operation and maintenance of 

the airplane. Previously, these domains 

had very limited connectivity with 

external network sources. This data 

network and design integration creates a 

potential for unauthorized persons to 

access the aircraft-control domain and 

airline information-services domain, 

and presents security vulnerabilities 

related to the introduction of computer 

viruses and worms, user errors, and 

intentional sabotage of airplane 

electronic assets (networks, systems, 

and databases) critical to the safety and 

maintenance of the airplane. 

The existing FAA regulations did not 

anticipate these networked airplanesystem architectures. Furthermore, these 

regulations and the current guidance 

material do not address potential 

security vulnerabilities, which could be 

exploited by unauthorized access to 

airplane networks, data buses, and 

servers. Therefore, these special 

conditions ensure that the security (i.e., 

confidentiality, integrity, and 

availability) of airplane systems is not 

compromised by unauthorized wired or 

wireless electronic connections. This 

includes ensuring that the security of 

the airplane’s systems is not 

compromised during maintenance of the 

airplane’s electronic systems. These 

special conditions also require the 

applicant to provide appropriate 

instructions to the operator to maintain 

all electronic-system safeguards that 

have been implemented as part of the 

original network design so that this 

feature does not allow or introduce 

security threats. 

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 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, these 

special conditions would apply to that 

model as well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on one 

model of airplane. It is not a rule of 

general applicability. 

List of Subjects in 14 CFR Part 25 

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 Dassault 

Model Falcon 6X airplane. 

1. The applicant must ensure airplane 

electronic-system security protection 

from access by unauthorized sources 

external to the airplane, including those 

possibly caused by maintenance 

activity. 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6019 

2. The applicant must ensure that 

electronic-system security threats are 

identified and assessed, and that 

effective electronic-system securityprotection strategies are implemented to 

protect the airplane from all adverse 

impacts on safety, functionality, and 

continued airworthiness. 

3. The applicant must establish 

appropriate procedures to allow the 

operator to ensure that continued 

airworthiness of the airplane is 

maintained, including all post-typecertification modifications that may 

have an impact on the approved 

electronic-system security safeguards. 

Issued in Kansas City, Missouri, on January 

28, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–02145 Filed 2–2–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 31412; Amdt. No. 3994] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule amends, suspends, 

or removes Standard Instrument 

Approach Procedures (SIAPs) and 

associated Takeoff Minimums and 

Obstacle Departure Procedures for 

operations at certain airports. These 

regulatory actions are needed because of 

the adoption of new or revised criteria, 

or because of changes occurring in the 

National Airspace System, such as the 

commissioning of new navigational 

facilities, adding new obstacles, or 

changing air traffic requirements. These 

changes are designed to provide for the 

safe and efficient use of the navigable 

airspace and to promote safe flight 

operations under instrument flight rules 

at the affected airports. 

DATES: This rule is effective February 3, 

2022. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of February 3, 

2022. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination 

1. U.S. Department of Transportation, 

Docket Ops-M30, 1200 New Jersey 

Avenue SE, West Bldg., Ground Floor, 

Washington, DC 20590–0001; 

2. The FAA Air Traffic Organization 

Service Area in which the affected 

airport is located; 

3. The office of Aeronautical 

Information Services, 6500 South 

MacArthur Blvd., Oklahoma City, OK 

73169 or, 

4. The National Archives and Records 

Administration (NARA). 

For information on the availability of 

this material at NARA, email 

fr.inspection@nara.gov or go to: https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Availability 

All SIAPs and Takeoff Minimums and 

ODPs are available online free of charge. 

Visit the National Flight Data Center 

online at nfdc.faa.gov to register. 

Additionally, individual SIAP and 

Takeoff Minimums and ODP copies may 

be obtained from the FAA Air Traffic 

Organization Service Area in which the 

affected airport is located. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Nichols, Flight Procedures 

and Airspace Group, Flight 

Technologies and Procedures Division, 

Flight Standards Service, Federal 

Aviation Administration. Mailing 

Address: FAA Mike Monroney 

Aeronautical Center, Flight Procedures 

and Airspace Group, 6500 South 

MacArthur Blvd., Registry Bldg. 29, 

Room 104, Oklahoma City, OK 73169. 

Telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends 14 CFR part 97 by amending the 

referenced SIAPs. The complete 

regulatory description of each SIAP is 

listed on the appropriate FAA Form 

8260, as modified by the National Flight 

Data Center (NFDC)/Permanent Notice 

to Airmen (P–NOTAM), and is 

incorporated by reference under 5 

U.S.C. 552(a), 1 CFR part 51, and 14 

CFR 97.20. The large number of SIAPs, 

their complex nature, and the need for 

a special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained on FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections, and specifies the SIAPs and 

Takeoff Minimums and ODPs with their 

applicable effective dates. This 

amendment also identifies the airport 

and its location, the procedure and the 

amendment number. 

Availability and Summary of Material 

Incorporated by Reference 

The material incorporated by 

reference is publicly available as listed 

in the ADDRESSES section. 

The material incorporated by 

reference describes SIAPs, Takeoff 

Minimums and ODPs as identified in 

the amendatory language for part 97 of 

this final rule. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP and Takeoff Minimums 

and ODP as amended in the transmittal. 

For safety and timeliness of change 

considerations, this amendment 

incorporates only specific changes 

contained for each SIAP and Takeoff 

Minimums and ODP as modified by 

FDC permanent NOTAMs. 

The SIAPs and Takeoff Minimums 

and ODPs, as modified by FDC 

permanent NOTAM, and contained in 

this amendment are based on criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these changes to 

SIAPs and Takeoff Minimums and 

ODPs, the TERPS criteria were applied 

only to specific conditions existing at 

the affected airports. All SIAP 

amendments in this rule have been 

previously issued by the FAA in a FDC 

NOTAM as an emergency action of 

immediate flight safety relating directly 

to published aeronautical charts. 

The circumstances that created the 

need for these SIAP and Takeoff 

Minimums and ODP amendments 

require making them effective in less 

than 30 days. 

Because of the close and immediate 

relationship between these SIAPs, 

Takeoff Minimums and ODPs, and 

safety in air commerce, I find that notice 

and public procedure under 5 U.S.C. 

553(b) are impracticable and contrary to 

the public interest and, where 

applicable, under 5 U.S.C. 553(d), good 

cause exists for making these SIAPs 

effective in less than 30 days. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 


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