[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Rules and Regulations]
[Pages 63847-63848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24989]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0773; Special Conditions No. 25-496-SC]


Special Conditions: Embraer S.A., Model EMB-550 Airplanes; 
Airplane Electronic System Security Protection From Unauthorized 
External Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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SUMMARY: These special conditions are issued for the Embraer S.A. Model 
EMB-550 airplane. This airplane will have a novel or unusual design 
feature associated with the architecture and connectivity capabilities 
of the airplanes' computer systems and networks, which may allow access 
to or by external computer systems and networks. Connectivity to, or 
access by, external systems and networks may result in security 
vulnerabilities to the airplanes' systems. 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: The effective date of these special conditions is October 25, 
2013. We must receive your comments by December 9, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0773 
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 8 a.m. and 5 p.m., Monday through 
Friday, except federal holidays.
    Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    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 the 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: Varun Khanna, FAA, Airplane and Flight 
Crew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-1298; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions are 
unnecessary because the substance of these special conditions has been 
subject to the public comment process in several prior instances with 
no substantive comments received. The FAA therefore finds that good 
cause exists for making these special conditions effective upon 
publication.

Comments Invited

    We invite 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.
    We will consider all comments we receive by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for 
their new Model EMB-550 airplane. The Model EMB-550 airplane is the 
first of a new family of jet airplanes designed for corporate flight, 
fractional, charter, and private owner operations. The aircraft has a 
conventional configuration with low wing and T-tail empennage. The 
primary structure is metal with composite empennage and control 
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with 
a maximum of 12 passengers. It is equipped with two Honeywell HTF7500-E 
medium bypass ratio turbofan engines mounted on aft fuselage pylons. 
Each engine produces approximately 6,540 pounds of thrust for normal 
takeoff. The primary flight controls consist of hydraulically powered 
fly-by-wire elevators, ailerons and rudder, controlled by the pilot or 
copilot sidestick.
    The digital systems architecture for the Embraer Model EMB-550 
series of airplanes is composed of several connected networks. This 
proposed network architecture is used for a diverse set of functions, 
providing data connectivity between systems, including:
     Airplane control, communication, display, monitoring and 
navigation systems,
     Airline business and administrative support systems,
     Passenger entertainment systems, and
     Access by systems external to the airplane.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) part 21.17, Embraer S.A. must show that the Model EMB-550 airplane 
meets the applicable provisions of part 25, as amended by Amendments 
25-1 through 25-127 thereto.
    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 Model EMB-550 airplane because of 
a novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  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 or similar 
novel or unusual design feature, the special conditions would also 
apply to the other model under Sec.  21.101.

[[Page 63848]]

    In addition to the applicable airworthiness regulations and special 
conditions, the Model EMB-550 airplane must comply with the fuel vent 
and exhaust emission requirements of 14 CFR part 34 and the noise 
certification requirements of 14 CFR 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 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Embraer S.A. Model EMB-550 airplane will incorporate the 
following novel or unusual design features: digital systems 
architecture composed of several connected networks. The proposed 
architecture and network configuration may be used for, or interfaced 
with, a diverse set of functions, including:
    1. Flight-safety related control, communication, display, 
monitoring, and navigation systems (aircraft control functions);
    2. Airline business and administrative support (airline information 
services);
    3. Passenger information and entertainment systems (passenger 
entertainment services); and,
    4. The capability to allow access to or by systems external to the 
airplane.

Discussion

    The proposed Model EMB-550 architecture and network configuration 
may allow increased connectivity to and access by external airplane 
sources, airline operations, and maintenance systems to the aircraft 
control functions and airline information services. The aircraft 
control and airline information functions perform actions required for 
the safe operation and maintenance of the airplane. Previously, these 
functions had very limited connectivity with external sources.
    The architecture and network configuration may allow the 
exploitation of network security vulnerabilities resulting in 
intentional or unintentional destruction, disruption, degradation, or 
exploitation of data, systems, and networks critical to the safety and 
maintenance of the airplane.
    The existing regulations and guidance material did not anticipate 
these types of airplane system architectures. Furthermore, 14 CFR 
regulations and current system safety assessment policy and techniques 
do not address potential security vulnerabilities, which could be 
exploited by unauthorized access to airplane systems, data buses, and 
servers. Therefore, these special conditions and a means of compliance 
are issued to ensure that the security (i.e., confidentiality, 
integrity, and availability) of airplane systems is not compromised by 
unauthorized wired or wireless electronic connections.

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer S.A. Model EMB-550 airplane. Should Embraer S.A. 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 one model of airplanes. It is not a rule of general applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. 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 described 
above.

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(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 Embraer S.A. Model EMB-550 airplanes.

Airplane Electronic System Security Protection From Unauthorized 
External Access

    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.
    2. The applicant must ensure that electronic system security 
threats are identified and assessed, and that effective electronic 
system security protection 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 type-certification modifications that 
may have an impact on the approved electronic system security 
safeguards.

    November 29, 2013.

    Issued in Renton, Washington, on September 6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-24989 Filed 10-24-13; 8:45 am]
BILLING CODE 4910-13-P