[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27105-27106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12281]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / 
Rules and Regulations  

[[Page 27105]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0239; Special Conditions No. 25-690-SC]


Special Conditions: Embraer S.A. Model ERJ 190-300 Airplane; 
Electronic System Security Protection From Unauthorized Internal Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Embraer S.A. 
(Embraer) Model ERJ 190-300 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 a digital-systems network 
architecture requiring isolation or protection from unauthorized 
internal access. 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 Embraer on June 14, 2017. We must 
receive your comments by July 31, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0239 
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/ 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 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 425-227-1320.

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 
airplane.
    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 September 13, 2013, Embraer applied for an amendment to Type 
Certificate No. A57NM to include the new Model ERJ 190-300 airplane. 
The Model ERJ 190-300 airplane, which is a derivative of the Embraer 
Model ERJ 190-100 STD airplane currently approved under Type 
Certificate No. A57NM, is a 97- to 114-passenger transport-category 
airplane, designed with a new wing with a high aspect ratio and raked 
wingtip, and a new electrical-distribution system. The maximum take-off 
weight is 124,340 lbs (56,400 kg).

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Embraer must show that the Model ERJ 190-300 airplane 
meets the applicable provisions of the regulations listed in Type 
Certificate No. A57NM, or the applicable regulations in effect on the 
date of application for the change, except for earlier amendments as 
agreed upon by the FAA.
    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 ERJ 190-300 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 novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual

[[Page 27106]]

design feature, these special conditions would also apply to the other 
model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Embraer Model ERJ 190-300 airplane 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.
    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.  21.101.

Novel or Unusual Design Features

    The Embraer Model ERJ 190-300 airplane will incorporate the 
following novel or unusual design feature: A digital-systems network 
architecture requiring isolation or protection from unauthorized 
internal access.

Discussion

    Networks, both in safety-related and non-safety-related 
applications, have been implemented in existing commercial-production 
airplanes. However, network security considerations and functions have 
played a relatively minor role in the certification of such systems 
because of the isolation, protection mechanisms, and limited 
connectivity between these networks.
    To provide an understanding of the airplane electronic equipment, 
systems, and assets, these special conditions use the concept of 
domains. However, this does not prescribe any particular architecture.
    The aircraft-control domain consists of the airplane electronic 
systems, equipment, instruments, networks, servers, software and 
hardware components, databases, etc., which are part of the type design 
of the airplane and are installed in the airplane to enable the safe 
operation of the airplane. These can also be referred to as flight-
safety-related systems, and include flight controls, communication, 
display, monitoring, navigation, and related systems.
    The operator-information domain generally consists of functions 
that the airplane operator manages or controls, such as administrative 
functions and cabin-support functions.
    The passenger-entertainment domain consists of all functions 
required to provide the passengers with information and entertainment 
systems.
    The Embraer Model ERJ 190-300 airplane design introduces the 
potential for access to the aircraft-control domain and airline-
information-services domain by unauthorized persons through the 
passenger-information-services domain; and the security vulnerabilities 
related to the introduction of viruses, worms, user mistakes, and 
intentional sabotage of airplane networks, systems, and databases.
    For electronic systems-and-assets security in these domains, the 
level of protection provided against security threats should be based 
on a security-risk assessment, noting that the level of protection 
could differ between domains and within domains, depending on the 
security threat. For each security vulnerability and airplane 
electronic asset, Embraer should identify in which domain the asset 
will be addressed.
    In addition, the operating systems for current airplane systems are 
usually and historically proprietary. Therefore, they are not as 
susceptible to corruption from worms, viruses, and other malicious 
actions as are more-widely used commercial operating systems, such as 
Microsoft Windows, because access to the design details of these 
proprietary operating systems is limited to the system developer and 
airplane integrator. Some systems installed on the Embraer Model ERJ 
190-300 airplane will use operating systems that are widely used and 
commercially available from third-party software suppliers. The 
security vulnerabilities of these operating systems may be more widely 
known than are the vulnerabilities of proprietary operating systems 
that the avionics manufacturers currently use.
    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 
Embraer Model ERJ 190-300 airplane. Should Embraer 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.
    The substance of these special conditions has been subject 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, the FAA has determined 
that prior public notice and comment are unnecessary and impracticable, 
and good cause exists for adopting these special conditions upon 
publication in the Federal Register. 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 Model ERJ 190-300 airplanes.
    1. The applicant must ensure that the airplane design provides 
isolation from, or airplane electronic-system security protection 
against, access by unauthorized sources internal to the airplane. The 
design must prevent inadvertent and malicious changes to, and all 
adverse impacts upon, airplane equipment, systems, networks, or other 
assets required for safe flight and operations.
    2. 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.

    Issued in Renton, Washington, on June 2, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2017-12281 Filed 6-13-17; 8:45 am]
 BILLING CODE 4910-13-P