[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Rules and Regulations]
[Pages 6017-6019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02145]


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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; 
Electronic-System Security Protection From Unauthorized External 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 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

[[Page 6018]]

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 [email protected].

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 Sec.  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 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, 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 Dassault Model Falcon 6X 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.  21.17(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 
airplane-system 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.

[[Page 6019]]

    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.

    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