[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54574-54575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21789]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0698; Notice No. 25-567-SC]


Special Conditions: Bombardier Aerospace, Models BD-500-1A10 and 
BD-500-1A11 Series Airplanes; Airplane Electronic System 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 Bombardier 
Aerospace Models BD-500-1A10 and BD-500-1A11 series airplanes. These 
airplanes will have novel or unusual design features, specifically, 
digital systems architecture composed of several connected networks 
that may allow access to or by external computer systems and networks 
and may result in security vulnerabilities to the airplanes' systems. 
The applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for these design features. 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 September 12, 
2014. We must receive your comments by October 27, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0698 
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: 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, 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 is 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
aircraft. In addition, 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 in the Federal Register.

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 December 10, 2009, Bombardier Aerospace applied for a type 
certificate for their new Models BD-500-1A10 and

[[Page 54575]]

BD-500-1A11 series airplanes (hereafter collectively referred to as 
``CSeries''). The CSeries airplanes are swept-wing monoplanes with an 
aluminum alloy fuselage sized for 5-abreast seating. Passenger capacity 
is designated as 110 for the Model BD-500-1A10 and 125 for the Model 
BD-500-1A11. Maximum takeoff weight is 131,000 pounds for the Model BD-
500-1A10 and 144,000 pounds for the Model BD-500-1A11.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.17, Bombardier Aerospace must show that the CSeries airplanes 
meet the applicable provisions of 14 CFR part 25 as amended by 
Amendments 25-1 through 25-129.
    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 CSeries airplanes 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.
    In addition to the applicable airworthiness regulations and special 
conditions, the CSeries airplanes must comply with the fuel vent and 
exhaust emission requirements of 14 CFR part 34 and the noise 
certification requirements of 14 CFR part 36, and the FAA must issue a 
finding of regulatory adequacy under section 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 CSeries will incorporate the following novel or unusual design 
features: Digital systems architecture composed of several connected 
networks. This network architecture and network configuration may be 
used for or interfaced with a diverse set of functions, including:
     Flight safety related control, communication, and 
navigation systems (aircraft control domain);
     Operator business and administrative support (operator 
information domain); and
     Passenger information and entertainment systems (passenger 
entertainment domain), and will have the capability to allow access to 
or by external network sources.

Discussion

    The CSeries digital systems network architecture is novel or 
unusual for commercial transport airplanes as it allows connection to 
airplane electronic systems and networks, and access from aircraft 
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. Airplane electronic assets include electronic equipment and 
systems, instruments, networks, servers, software and electronic 
components, field-loadable software and hardware applications, 
databases, etc. This proposed design may result in network security 
vulnerabilities from intentional or unintentional corruption of data 
and systems required for the safety, operations, and maintenance of the 
airplane.
    The existing regulations and guidance material did not anticipate 
these types of system architectures or access to airplane systems. 
Furthermore, 14 CFR regulations and current system safety assessment 
policy and techniques do not address potential security vulnerabilities 
that could be caused by unauthorized access to airplane data busses and 
servers. Therefore, these special conditions are issued to ensure that 
the security, integrity, and availability of airplane systems are not 
compromised by certain wired or wireless electronic connections between 
airplane data busses and networks.

Applicability

    As discussed above, these special conditions are applicable to the 
Model No. BD-500-1A10 and BD-500-1A11. Should Bombardier Aerospace 
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 two model series 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. Therefore, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, the FAA has determined that prior public notice and comment 
are unnecessary and impracticable, and 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 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

0
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 Bombardier BD-500-1A10 and BD-500-1A1 
series airplanes.

Airplane Electronic System Security Protection From Unauthorized 
External Access

    1. The applicant must ensure that the airplanes' electronic systems 
are protected 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 aircraft is 
maintained, including all post type certification modifications that 
may have an impact on the approved electronic system security 
safeguards.

    Issued in Renton, Washington, on September 3, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-21789 Filed 9-11-14; 8:45 am]
BILLING CODE 4910-13-P