[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Rules and Regulations]
[Pages 54349-54351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19106]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2022-1147; Special Conditions No. 25-829-SC]


Special Conditions: L2 Consulting Services, Inc., Bombardier 
Model BD-700-1A10 and BD-700-1A11 Airplanes; 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 Bombardier Model 
BD-700-1A10 and BD-700-1A11 airplanes. These airplanes, as modified by 
L2 Consulting Services, Inc., will have a novel or unusual design 
feature when compared to the state of technology envisioned in the 
airworthiness standards for airplanes. This design feature is 
associated with the installation of an electronic network system 
architecture that will allow increased connectivity to and access from 
external network 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). 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 L2 Consulting Services, Inc., on 
September 6, 2022. Send comments on or before October 21, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2022-1147 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, 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 
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; 206-231-3365; 
email [email protected]. Comments the FAA receives, which are not 
specifically designated as CBI, will be placed in the public docket for 
these special conditions.
    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; 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 14 CFR 11.38(b), that new 
comments are unlikely, and notice and comment prior to this publication 
are unnecessary.

[[Page 54350]]

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 October 1, 2021, L2 Consulting Services, Inc., applied for a 
supplemental type certificate for the installation of an electronic 
network system architecture that will allow increased connectivity to 
and access from external network 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). The Bombardier Model BD-700-1A10 and BD-700-1A11 airplanes 
are twin-engine, transport category airplanes, executive-interior 
business jets with a maximum takeoff weight of 93,500 pounds (42,410 
Kg) and a maximum seating capacity of seventeen passengers and two crew 
members.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, L2 Consulting Services Inc., must show that the Bombardier 
Model BD-700-1A10 and BD-700-1A11 airplanes, as changed, continue to 
meet the applicable provisions of the regulations listed in Type 
Certificate No. T00003NY, 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 (e.g., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Bombardier Model BD-700-1A10 and 
BD-700-1A11 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 applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate 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 Bombardier Model BD-700-1A10 and BD-700-1A11 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.
    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 Feature

    The Bombardier Model BD-700-1A10 and BD-700-1A11 airplanes will 
incorporate a novel or unusual design feature, which is the 
installation of an electronic network system architecture that will 
allow increased connectivity to and access from external network 
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 Bombardier Model BD-700-1A10 and BD-700-1A11 airplanes 
electronic system architecture and network configuration is novel or 
unusual for commercial transport airplanes because it may allow 
increased connectivity to and access from aircraft 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, databuses, 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 
Bombardier Model BD-700-1A10 and BD-700-1A11 airplanes. Should L2 
Consulting Services, Inc., apply at a later date for a supplemental 
type certificate to modify any other model included on Type Certificate 
No. T00003NY to incorporate 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 Bombardier Model BD-700-1A10 and BD-700-1A11 airplanes. It is not a 
rule of general applicability and affects only the applicant who 
applied to the FAA for approval of this feature on the airplane.

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

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 Model BD-700-1A10 and BD-
700-1A11 airplanes, as modified by L2 Consulting Services,

[[Page 54351]]

Inc., for airplane electronic-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.

    Issued in Kansas City, Missouri, on August 30, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2022-19106 Filed 9-2-22; 8:45 am]
BILLING CODE 4910-13-P