Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 13127 

■ 38. In § 785.10, revise paragraphs (a) 

introductory text, (a)(1), (2), and (5), and 

(b) to read as follows: 

§ 785.10 Penalty for non-compliance. 

(a) The Administrator is authorized to 

withdraw the certification of a State’s 

Certified Mediation Program, terminate 

or suspend the grant to the State’s 

Certified Mediation Program, require a 

return of unspent grant funds, a 

reimbursement of grant funds on 

account of expenditures that are not 

allowed, and may impose any other 

penalties or sanctions authorized by law 

if the Administrator determines that: 

(1) The State’s Certified Mediation 

Program, at any time, does not meet the 

requirements in this part for 

certification; 

(2) The State’s Certified Mediation 

Program is not being operated in a 

manner consistent with the features of 

the program as certified by FSA, with 

the regulations in this part, or the grant 

agreement; 

* * * * * 

(5) Reports submitted by a State on its 

Certified Mediation Program as required 

by § 785.8 are false, contain 

misrepresentations or material 

omissions, or are otherwise misleading. 

(b) In the event that FSA gives notice 

to the State of its intent to enforce any 

withdrawal of certification or other 

penalty for non-compliance, USDA 

agencies will cease to participate in any 

mediation conducted by the State’s 

Certified Mediation Program 

immediately upon delivery of such 

notice to the State. 

§ 785.11 [Amended] 

■ 39. In § 785.11, remove the words 

‘‘State mediation program’’ and adding 

‘‘State’s Certified Mediation Program’’ 

in their place wherever they appear. 

§ 785.12 [Amended] 

■ 40. In § 785.12, remove the cross 

reference ‘‘parts 15, 15b and 1901, 

subpart E, of’’ and adding ‘‘parts 15 and 

15b of’’ in their place. 

Zach Ducheneaux, 

Administrator, Farm Service Agency. 

[FR Doc. 2022–04858 Filed 3–8–22; 8:45 am] 

BILLING CODE 3410–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2017–1141; Special 

Conditions No. 25–710A–SC] 

Special Conditions: Dassault Aviation 

Model Falcon 6X Airplanes; NonRechargeable Lithium-Ion Battery 

Installations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions, 

amendment. 

SUMMARY: These amended special 

conditions are issued for nonrechargeable lithium-ion battery 

installations on the Dassault Aviation 

(Dassault) Model Falcon 6X airplane. 

Non-rechargeable lithium-ion batteries 

are a novel or unusual design feature 

when compared to the state of 

technology envisioned in the 

airworthiness standards for transportcategory airplanes. 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 March 9, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Nazih Khaouly, AIR–623, Aircraft 

Systems Section, Technical Innovation 

Policy Branch, Policy and Innovation 

Division, Federal Aviation 

Administration, 2200 S 216th Street, 

Des Moines, Washington, 98198; 

telephone and fax 206–231–3171, email 

nazih.khaouly@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 1, 2012, Dassault applied for 

special conditions for non-rechargeable 

lithium-ion batteries installed in the 

Model Falcon 5X airplane. Special 

conditions were issued for that design 

on January 16, 2018 (83 FR 2032). 

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 its 

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. 

The FAA is issuing these special 

conditions for non-rechargeable lithiumion battery installations on the Dassault 

Model Falcon 6X airplane. The FAA’s 

design standards in title 14, Code of 

Federal Regulations (14 CFR) part 25 are 

inadequate for addressing an airplane 

with non-rechargeable lithium-ion 

batteries. 

Type Certification Basis 

Under the provisions of 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 

(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 airplane 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. 

Novel or Unusual Design Feature 

The Dassault Model Falcon 6X 

airplane will incorporate the following 

novel or unusual design feature: 

Installation of non-rechargeable lithiumion batteries. 

For the purpose of these special 

conditions, the FAA refers to a battery 

and battery system as a battery. A 

battery system consists of the battery 

and any protective, monitoring, and 

alerting circuitry or hardware inside or 


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13128 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 

outside of the battery. It also includes 

vents (where necessary) and packaging. 

Discussion 

The FAA derived the current 

regulations governing installation of 

batteries in transport-category airplanes 

from Civil Air Regulations (CAR) 

4b.625(d) as part of the recodification of 

CAR 4b that established 14 CFR part 25 

in February 1965. This recodification 

basically reworded the CAR 4b battery 

requirements, which are currently in 

§ 25.1353(b)(1) through (4). Nonrechargeable lithium-ion batteries are 

novel and unusual with respect to the 

state of technology considered when 

these requirements were codified. Nonrechargeable lithium-ion batteries 

introduce higher energy levels into 

airplane systems through new chemical 

compositions in various battery cell 

sizes and construction. Interconnection 

of these cells in battery packs introduce 

failure modes that require unique design 

considerations, such as provisions for 

thermal management. 

In January 2013, two independent 

events involving rechargeable lithiumion batteries revealed unanticipated 

failure modes. A National 

Transportation Safety Board (NTSB) 

letter to the FAA, dated May 22, 2014, 

which is available at https://

www.ntsb.gov, filename A–14–032– 

036.pdf, describes these events. 

On July 12, 2013, an event involving 

a non-rechargeable lithium-ion battery 

in an emergency-locator transmitter 

installation demonstrated unanticipated 

failure modes. The United Kingdom’s 

Air Accidents Investigation Branch 

Bulletin S5/2013 describes this event. 

These events involving rechargeable and 

non-rechargeable lithium-ion batteries 

prompted the FAA to initiate a broad 

evaluation of these energy-storage 

technologies. 

On April 22, 2016, the FAA published 

special conditions no. 25–612–SC, in 

the Federal Register (81 FR 23573), 

applicable to Gulfstream Aerospace 

Corporation for the Model GVI airplane. 

Those were the first special conditions 

the FAA issued for non-rechargeable 

lithium-ion battery installations. In that 

document, the FAA explained its 

decision to make those special 

conditions effective on April 22, 2017, 

one year after publication in the Federal 

Register. In those special conditions, the 

FAA stated its intention to apply nonrechargeable lithium-ion battery special 

conditions to design changes on other 

airplane makes and models applied for 

after this same date. 

Special condition no. 1 of these 

special conditions requires that each 

individual cell within a nonrechargeable lithium-ion battery be 

designed to maintain safe temperatures 

and pressures. Special condition no. 2 

addresses these same issues but for the 

entire battery. Special condition no. 2 

requires the battery be designed to 

prevent propagation of a thermal event, 

such as self-sustained, uncontrollable 

increases in temperature or pressure 

from one cell to adjacent cells. 

Special condition nos. 1 and 2 are 

intended to ensure that the nonrechargeable lithium-ion battery and its 

cells are designed to eliminate the 

potential for uncontrollable failures. 

However, a certain number of failures 

will occur due to various factors beyond 

the control of the battery designer. 

Therefore, other special conditions are 

intended to protect the airplane and its 

occupants if failure occurs. 

Special conditions 3, 7, and 8 are selfexplanatory. 

Special condition no. 4 makes it clear 

that the flammable-fluid fire-protection 

requirements of § 25.863 apply to nonrechargeable lithium-ion battery 

installations. Section 25.863 is 

applicable to areas of the airplane that 

could be exposed to flammable-fluid 

leakage from airplane systems. Nonrechargeable lithium-ion batteries 

contain an electrolyte that is a 

flammable fluid. 

Special condition no. 5 requires that 

each non-rechargeable lithium-ion 

battery installation not damage 

surrounding structure or adjacent 

systems, equipment, or electrical wiring 

from corrosive fluids or gases that may 

escape in such a way as to cause a major 

or more severe failure condition. 

While special condition no. 5 

addresses corrosive fluids and gases, 

special condition no. 6 addresses heat. 

Special condition no. 6 requires that 

each non-rechargeable lithium-ion 

battery installation have provisions to 

prevent any hazardous effect on 

airplane structure or systems caused by 

the maximum amount of heat the 

battery installation can generate due to 

any failure of it or its individual cells. 

The means of meeting special 

conditions nos. 5 and 6 may be the 

same, but the requirements are 

independent and address different 

hazards. 

These special conditions apply to all 

non-rechargeable lithium-ion battery 

installations in lieu of § 25.1353(b)(1) 

through (4) at Amendment 25–123. 

Sections 25.1353(b)(1) through (4) at 

Amendment 25–123 remain in effect for 

other battery installations. 

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. 25–710–SC for 

the Dassault Model Falcon 5X airplane, 

which was published in the Federal 

Register on January 16, 2018 (83 FR 

2032). No comments were received, and 

the special conditions are adopted as 

proposed, with amendments. 

Applicability 

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. 

These special conditions are only 

applicable to design changes applied for 

after the effective date. 

These special conditions are not 

applicable to changes to previously 

certified non-rechargeable lithium-ion 

battery installations where the only 

change is either cosmetic or to relocate 

the installation to improve the safety of 

the airplane and occupants. Previously 

certified non-rechargeable lithium-ion 

battery installations, as used in this 

paragraph, are those installations 

approved for certification projects 

applied for on or before the effective 

date of these special conditions. A 

cosmetic change is a change in 

appearance only, and does not change 

any function or safety characteristic of 

the battery installation. These special 

conditions also are not applicable to 

unchanged, previously certified nonrechargeable lithium-ion battery 

installations that are affected by a 

change in a manner that improves the 

safety of its installation. The FAA 

determined that these exclusions are in 

the public interest because the need to 

meet all of the special conditions might 

otherwise deter these design changes 

that improve safety. 

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 record keeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 


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Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 13129 

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 

Aviation Model Falcon 6X airplane. 

Non-Rechargeable Lithium-Ion Battery 

Installations 

In lieu of § 25.1353(b)(1) through (4) 

at Amendment 25–123, each nonrechargeable lithium-ion battery 

installation must: 

1. Be designed to maintain safe cell 

temperatures and pressures under all 

foreseeable operating conditions to 

prevent fire and explosion. 

2. Be designed to prevent the 

occurrence of self-sustaining, 

uncontrollable increases in temperature 

or pressure. 

3. Not emit explosive or toxic gases, 

either in normal operation or as a result 

of its failure, that may accumulate in 

hazardous quantities within the 

airplane. 

4. Meet the requirements of § 25.863. 

5. Not damage surrounding structure 

or adjacent systems, equipment, or 

electrical wiring from corrosive fluids or 

gases that may escape in such a way as 

to cause a major or more severe failure 

condition. 

6. Have provisions to prevent any 

hazardous effect on airplane structure or 

systems caused by the maximum 

amount of heat it can generate due to 

any failure of it or its individual cells. 

7. Have a failure-sensing-and-warning 

system to alert the flightcrew if its 

failure affects safe operation of the 

airplane. 

8. Have a means for the flightcrew or 

maintenance personnel to determine the 

battery charge state if the battery’s 

function is required for safe operation of 

the airplane. 

Note: A battery system consists of the 

battery and any protective, monitoring, and 

alerting circuitry or hardware inside or 

outside of the battery. It also includes vents 

(where necessary) and packaging. For the 

purpose of these special conditions, a 

‘‘battery’’ and ‘‘battery system’’ are referred to 

as a battery. 

Issued in Kansas City, Missouri, on March 

3, 2022. 

Patrick R. Mullen, 

Manager, Technical Innovation Policy 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2022–04935 Filed 3–8–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1073; Project 

Identifier MCAI–2020–01303–A; Amendment 

39–21964; AD 2022–05–12] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

(Type Certificate Previously Held by 

Empresa Brasileira de Aerona ́utica 

S.A.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2020–12– 

08 for all Embraer S.A. Model EMB–505 

airplanes. AD 2020–12–08 required 

inspections of the mass-balance weights 

of the elevators, ailerons, and rudder 

(flight control surfaces) and their 

attachment parts, and corrective actions 

if necessary, and revising the 

airworthiness limitation section (ALS) 

of the maintenance manual or 

instructions for continued airworthiness 

to incorporate new airworthiness 

limitations. This AD retains the actions 

required by AD 2020–12–08 and 

requires, for certain airplanes, cleaning 

and weighing certain mass-balances and 

installation or replacement, as 

applicable; and for certain other massbalances for certain airplanes, 

replacement of those mass-balances. 

This AD was prompted by a 

determination that new applicable 

airplane serial numbers and new criteria 

for the replacement of affected parts are 

necessary. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

DATES: This AD is effective April 13, 

2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 13, 2022. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of July 1, 2020 (85 FR 36312, 

June 16, 2020). 

ADDRESSES: For service information 

identified in this final rule, contact 

Phenom Maintenance Support, Avenida 

Brigadeiro Faria Lima, 2170, P.O. Box 

36/2, Sa ̃o Jose ́ dos Campos, 12227–901, 

Brazil; phone: +55 12 3927 1000; email: 

phenom.reliability@embraer.com.br; 

website: https://www.embraer.com.br/ 

en-US/Pages/home.aspx. You may view 

this service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. It is also 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2020–1073. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1073; 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 

AD, the mandatory continuing 

airworthiness information (MCAI), any 

comments received, and other 

information. The address for Docket 

Operations is Document Operations, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aerospace Engineer, 

General Aviation & Rotorcraft Section, 

International Validation Branch, FAA, 

901 Locust, Room 301, Kansas City, MO 

64106; phone: (816) 329–4165; email: 

jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2020–12–08, 

Amendment 39–21143 (85 FR 36312, 

June 16, 2020), (AD 2020–12–08). AD 

2020–12–08 applied to all Embraer S.A. 

(type certificate previously held by 

Empresa Brasileira de Aerona ́utica S.A.) 

Model EMB–505 airplanes and required 

for certain serial-numbered airplanes, 

inspecting the mass-balance weights of 

the flight control surfaces and their 

attachment parts for corrosion and 

fragmentation, and taking corrective 

actions if necessary, including sending 

inspection results to Embraer. For all 

airplanes, AD 2020–12–08 required 

revising the airworthiness limitation 

section of the maintenance manual or 

instructions for continued airworthiness 

to incorporate new airworthiness 

limitations. 

The NPRM published in the Federal 

Register on September 9, 2021 (86 FR 

50487). The NPRM was prompted by 

Brazilian AD 2020–09–01, dated 

September 8, 2020 (referred to after this 

as ‘‘the MCAI’’), issued by the Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC), 

which is the aviation authority for 

Brazil. The MCAI states: 


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