[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Rules and Regulations]
[Pages 16630-16632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06205]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-0896; Special Conditions No. 25-812-SC]


Special Conditions: Dassault Aviation Model Falcon 6X 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 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 a digital systems architecture for 
the installation of a system with wireless and hardwired network and 
hosted application functionality that allows access, from sources 
internal to the airplane, to the airplane's internal electronic 
components. 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 24, 2022. Send 
comments on or before May 9, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2021-0896 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 title 14, Code of Federal Regulations (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 
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].

[[Page 16631]]


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 that, pursuant to Sec.  11.38(b), new comments 
are unlikely, and public 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 its 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 its 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 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:
    A digital systems architecture for the installation of a system 
with wireless and hardwired network and hosted application 
functionality that allows access, from sources internal to the 
airplane, to the airplane's internal electronic components.

Discussion

    The digital systems architecture for the Aircraft Control Domain 
and the Airline Information Services Domain by unauthorized persons in 
the Passenger Services Domain system with wireless network and hosted 
application functionality on these Dassault Falcon 6X airplanes is a 
novel or unusual design feature for transport category airplanes 
because it is composed of several connected wireless and hardwired 
networks. This proposed network architecture is used for a diverse set 
of airplane functions, including:
     Flight-safety related control and navigation systems,
     airline business and administrative support, and
     passenger entertainment.
    The airplane control domain and airline information-services domain 
of these networks perform functions required for the safe operation and 
maintenance of the airplane. Previously, these domains had very limited 
connectivity with other network sources. This network architecture 
creates a potential for unauthorized persons to access the aircraft 
control domain and airline information-services domain from sources 
internal to the airplane, 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 will not be compromised by 
unauthorized hardwired or wireless electronic connections from within 
the airplane. 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 
reintroduce 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 Aviation Model Falcon 6X 
airplane for airplane electronic-system security protection from 
unauthorized internal access.
    1. The applicant must ensure that the design provides isolation 
from, or airplane electronic-system security protection against, access 
by unauthorized sources internal to the airplane. The design must 
prevent

[[Page 16632]]

inadvertent and malicious changes to, and all adverse impacts upon, 
airplane equipment, systems, networks, and 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 Kansas City, Missouri, on March 18, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2022-06205 Filed 3-23-22; 8:45 am]
BILLING CODE 4910-13-P