80_FR_10366 80 FR 10328 - Special Conditions: Boeing Model 767-2C Series Airplanes; Airplane Electronic-System Security Protection From Unauthorized External Access

80 FR 10328 - Special Conditions: Boeing Model 767-2C Series Airplanes; Airplane Electronic-System Security Protection From Unauthorized External Access

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 38 (February 26, 2015)

Page Range10328-10330
FR Document2015-03970

These special conditions are issued for Boeing Model 767-2C series airplanes. These airplanes, as modified by The Boeing Company, will have a novel or unusual design feature associated with airplane electronic-system security protection or isolation from unauthorized external 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.

Federal Register, Volume 80 Issue 38 (Thursday, February 26, 2015)
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10328-10330]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03970]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0711; Special Conditions No. 25-575-SC]


Special Conditions: Boeing Model 767-2C 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 Boeing Model 767-2C 
series airplanes. These airplanes, as modified by The Boeing Company, 
will have a novel or unusual design feature associated with airplane 
electronic-system security protection or isolation from unauthorized 
external 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 The Boeing Company on February 26, 
2015. We must receive your comments by April 13, 2015.

ADDRESSES: Send comments identified by docket number FAA-2014-0711 
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

[[Page 10329]]

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 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 
Flightcrew Interface Branch, 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 on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On January 18, 2010, Boeing applied for an amendment to Type 
Certificate No. A1NM to include a new Model 767-2CX series airplane, a 
derivative of the 767-200, which later was renamed 767-2C. Later, 
Boeing requested, and the FAA approved, an extension to the date of 
application for FAA amended type certification to December 22, 2010.
    The Model 767-2C is a freighter airplane equipped with Pratt & 
Whitney PW4062 engines. This freighter has a maximum takeoff weight of 
415,000 pounds and can be configured to carry up to 11 supernumeraries 
(see Exemption No. 10691).

Type-Certification Basis

    The regulations listed in the type certificate are commonly 
referred to as the ``original type-certification basis.'' The 
regulations to be listed in A1NM are as follows:
    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Boeing must show that the Boeing Model 767-2C series 
airplane meets the applicable provisions of part 25, as amended by 
Amendments 25-1 through 25-130, and 14 CFR 25.1316 at Amendment 25-134, 
except for earlier amendments as agreed upon by the FAA. These 
regulations will be listed in Type Certificate No. A1NM after type-
certification approval of the 767-2C.
    14 CFR part 26 as amended by Amendments 26-1 through 26-6, and any 
later amendments in existence at the time of certification per 14 CFR 
26.5. For any future part 26 Amendments, the holder of this type 
certificate must demonstrate compliance with the applicable sections.
    14 CFR part 34 as amended by Amendments 34-1 through 34-5A, and any 
later amendments in existence at the time of certification.
    14 CFR part 36 as amended by Amendments 36-1 through 36-29, and any 
later amendments in existence at the time of certification.
    The certification basis also includes certain special conditions, 
exemptions, or later amended sections of the applicable part that are 
not relevant to these special conditions.
    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 767-2C series airplane 
because of a novel or unusual design feature, special conditions are 
prescribed under 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 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 Model 767-2C series 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 must issue 
a finding of regulatory adequacy under Sec.  611 of Public Law 92-574, 
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, 
under Sec.  11.38, and they become part of the type-certification basis 
under Sec.  21.101.

Novel or Unusual Design Feature

    The Boeing Model 767-2C series airplane will incorporate the 
following novel or unusual design feature:
    The electronic-system network architecture for the Model 767-2C 
series airplane introduces potential security risks and vulnerabilities 
not addressed in current regulations and airplane-level or system-level 
safety-assessment methods. This network architecture 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. Airplane electronic assets include electronic equipment and 
systems, instruments, networks, servers, software and electronic 
components, field-loadable software and hardware applications, and 
databases.

Discussion

    The Boeing Model 767-2C series airplane design introduces the 
potential for unauthorized persons to access airplane-control domain 
and operator-information-services domain in the passenger-services 
domain. The 767-2C design further introduces the potential for security 
vulnerabilities related to the introduction of viruses, worms, user 
mistakes, and intentional sabotage of airplane networks, systems, and

[[Page 10330]]

databases. As such, these special conditions address these 
vulnerabilities.
    The digital systems architecture for the Boeing Model 767-2C series 
airplanes is composed of several connected networks. This network 
architecture is used for a diverse set of functions providing data 
connectivity between systems, including:
    1. Airplane control, communication, display, monitoring and 
navigation systems,
    2. operator business and administrative support systems,
    3. passenger entertainment systems, and
    4. access by systems external to the airplane.
    The Model 767-2C series airplane electronic-system network 
architecture 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.
    This 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 this type 
of system architecture, or external wired and wireless electronic 
access to airplane electronic systems. Furthermore, regulations, and 
current system safety-assessment policy and techniques, do not address 
potential security vulnerabilities, which could be caused by 
unauthorized access to airplane electronic systems and networks.
    Special conditions have been applied on past airplane programs to 
require consideration of related security vulnerabilities. These 
special conditions are similar to those previously applied, except that 
the scope has been adjusted to be consistent with those features unique 
to the Model 767-2C series airplane.

Applicability

    As discussed above, these special conditions apply to Boeing Model 
767-2C series airplanes. Should Boeing apply later 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 one model series of airplane. 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, 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 Boeing Model 767-2C series airplanes.
    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 Renton, Washington, on February 19, 2015.
John J. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-03970 Filed 2-25-15; 8:45 am]
BILLING CODE 4910-13-P



                                             10328            Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

                                                The electronic-system network                        unique to the Model 767–2C series                     airworthiness of the airplane is
                                             architecture for the Model 767–2C series                airplane.                                             maintained, including all post-type-
                                             airplane introduces potential security                                                                        certification modifications that may
                                                                                                     Applicability
                                             risks and vulnerabilities not addressed                                                                       have an impact on the approved
                                             in current regulations and airplane-level                 As discussed above, these special                   electronic-system security safeguards.
                                             or system-level safety-assessment                       conditions apply to Boeing Model 767–
                                                                                                                                                             Issued in Renton, Washington, on February
                                             methods.                                                2C series airplanes. Should Boeing                    19, 2015.
                                                This network architecture allows                     apply later for a change to the type
                                                                                                                                                           John J. Piccola, Jr.,
                                             connection to previously isolated data                  certificate to include another model
                                                                                                     incorporating the same novel or unusual               Acting Manager, Transport Airplane
                                             networks connected to systems that                                                                            Directorate, Aircraft Certification Service.
                                             perform functions required for the safe                 design feature, the special conditions
                                                                                                                                                           [FR Doc. 2015–03969 Filed 2–25–15; 8:45 am]
                                             operation of the airplane. This data                    would apply to that model as well.
                                                                                                                                                           BILLING CODE 4910–13–P
                                             network and design integration may                      Conclusion
                                             result in security vulnerabilities from
                                             intentional or unintentional internal-                     This action affects only certain novel
                                                                                                     or unusual design features on one model               DEPARTMENT OF TRANSPORTATION
                                             connection corruption of data and
                                             systems critical to the safety and                      series of airplane. It is not a rule of
                                                                                                                                                           Federal Aviation Administration
                                             maintenance of the airplane.                            general applicability.
                                                                                                        The substance of these special
                                             Discussion                                              conditions has been subjected to the                  14 CFR Part 25
                                                                                                     notice and comment period in several                  [Docket No. FAA–2014–0711; Special
                                               The Boeing Model 767–2C series
                                                                                                     prior instances, and has been derived                 Conditions No. 25–575–SC]
                                             airplane design introduces the potential
                                                                                                     without substantive change from those
                                             for unauthorized persons to access, from                                                                      Special Conditions: Boeing Model 767–
                                                                                                     previously issued. It is unlikely that
                                             internal connection, airplane-control                                                                         2C Series Airplanes; Airplane
                                                                                                     prior public comment would result in a
                                             domain and operator-information-                                                                              Electronic-System Security Protection
                                                                                                     significant change from the substance
                                             services domain in the passenger-                                                                             From Unauthorized External Access
                                                                                                     contained herein. Therefore, because a
                                             services domain. The Model 767–2C
                                                                                                     delay would significantly affect the                  AGENCY:  Federal Aviation
                                             design further introduces the potential
                                                                                                     certification of the airplane, the FAA                Administration (FAA), DOT.
                                             for security vulnerabilities related to the
                                                                                                     has determined that prior public notice
                                             introduction of viruses, worms, user                                                                          ACTION: Final special conditions; request
                                                                                                     and comment are unnecessary and
                                             mistakes, and intentional sabotage of                                                                         for comments.
                                                                                                     impracticable, and good cause exists for
                                             airplane networks, systems, and
                                                                                                     adopting these special conditions upon                SUMMARY:   These special conditions are
                                             databases. As such, these special
                                                                                                     publication in the Federal Register.                  issued for Boeing Model 767–2C series
                                             conditions address these vulnerabilities.
                                                                                                        The FAA is requesting comments to                  airplanes. These airplanes, as modified
                                               The digital systems architecture for                  allow interested persons to submit
                                             the Boeing Model 767–2C series                                                                                by The Boeing Company, will have a
                                                                                                     views that may not have been submitted                novel or unusual design feature
                                             airplanes is composed of several                        in response to the prior opportunities
                                             connected networks. This network                                                                              associated with airplane electronic-
                                                                                                     for comment described above.                          system security protection or isolation
                                             architecture is used for a diverse set of
                                             functions, including:                                   List of Subjects in 14 CFR part 25                    from unauthorized external access. The
                                               1. Flight-safety related control and                    Aircraft, Aviation safety, Reporting                applicable airworthiness regulations do
                                             navigation systems,                                     and recordkeeping requirements.                       not contain adequate or appropriate
                                               2. operator business and                                                                                    safety standards for this design feature.
                                                                                                       The authority citation for these                    These special conditions contain the
                                             administrative support, and                             special conditions is as follows:
                                               3. passenger entertainment.                                                                                 additional safety standards that the
                                                                                                       Authority: 49 U.S.C. 106(g), 40113, 44701,          Administrator considers necessary to
                                               The existing regulations and guidance                 44702, 44704.
                                             material did not anticipate this type of                                                                      establish a level of safety equivalent to
                                             system architecture or electronic access                The Special Conditions                                that established by the existing
                                             to airplane systems. Furthermore,                                                                             airworthiness standards.
                                                                                                       Accordingly, pursuant to the
                                             regulations, and current system safety-                 authority delegated to me by the                      DATES: This action is effective on The
                                             assessment policy and techniques, do                    Administrator, the following special                  Boeing Company on February 26, 2015.
                                             not address potential security                          conditions are issued as part of the type-            We must receive your comments by
                                             vulnerabilities, which could be caused                  certification basis for Boeing Model                  April 13, 2015.
                                             by unauthorized access to airplane data                 767–2C series airplanes.                              ADDRESSES: Send comments identified
                                             buses and servers. These special                          1. The applicant must ensure that the               by docket number FAA–2014–0711
                                             conditions are meant to ensure that                     design provides isolation from, or                    using any of the following methods:
                                             security, integrity, and availability of                airplane electronic-system security                      Federal eRegulations Portal: Go to
                                             airplane systems are not compromised                    protection against, access by                         http://www.regulations.gov/ and follow
                                             by certain wired or wireless electronic                 unauthorized sources internal to the                  the online instructions for sending your
                                             connections between airplane data                       airplane. The design must prevent                     comments electronically.
                                             busses and networks.                                    inadvertent and malicious changes to,                    Mail: Send comments to Docket
                                               Special conditions have been applied                                                                        Operations, M–30, U.S. Department of
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                                                                                                     and all adverse impacts upon, airplane
                                             on past airplane programs to require                    equipment, systems, networks, or other                Transportation (DOT), 1200 New Jersey
                                             consideration of related security                       assets required for safe flight and                   Avenue SE., Room W12–140, West
                                             vulnerabilities. These special conditions               operations.                                           Building Ground Floor, Washington, DC
                                             are similar to those previously applied,                  2. The applicant must establish                     20590–0001.
                                             except that the scope has been adjusted                 appropriate procedures to allow the                      Hand Delivery or Courier: Take
                                             to be consistent with those features                    operator to ensure that continued                     comments to Docket Operations in


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                                                              Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations                                        10329

                                             Room W12–140 of the West Building                         We will consider all comments we                    feature, special conditions are
                                             Ground Floor at 1200 New Jersey                         receive on or before the closing date for             prescribed under § 21.16.
                                             Avenue SE., Washington, DC between 9                    comments. We may change these special                   Special conditions are initially
                                             a.m. and 5 p.m., Monday through                         conditions based on the comments we                   applicable to the model for which they
                                             Friday, except Federal holidays.                        receive.                                              are issued. Should the type certificate
                                                Fax: Fax comments to Docket                                                                                for that model be amended later to
                                                                                                     Background
                                             Operations at 202–493–2251.                                                                                   include any other model that
                                                Privacy: The FAA will post all                         On January 18, 2010, Boeing applied                 incorporates the same novel or unusual
                                             comments it receives, without change,                   for an amendment to Type Certificate                  design feature, or should any other
                                             to http://www.regulations.gov/,                         No. A1NM to include a new Model 767–                  model already included on the same
                                             including any personal information the                  2CX series airplane, a derivative of the              type certificate be modified to
                                             commenter provides. Using the search                    767–200, which later was renamed 767–                 incorporate the same novel or unusual
                                             function of the docket Web site, anyone                 2C. Later, Boeing requested, and the                  design feature, these special conditions
                                             can find and read the electronic form of                FAA approved, an extension to the date                would also apply to the other model
                                             all comments received into any FAA                      of application for FAA amended type                   under § 21.101.
                                             docket, including the name of the                       certification to December 22, 2010.                     In addition to the applicable
                                             individual sending the comment (or                        The Model 767–2C is a freighter                     airworthiness regulations and special
                                             signing the comment for an association,                 airplane equipped with Pratt & Whitney                conditions, the Model 767–2C series
                                             business, labor union, etc.). DOT’s                     PW4062 engines. This freighter has a                  airplane must comply with the fuel-vent
                                             complete Privacy Act Statement can be                   maximum takeoff weight of 415,000                     and exhaust-emission requirements of
                                             found in the Federal Register,                          pounds and can be configured to carry                 14 CFR part 34, and the noise-
                                             published on April 11, 2000 (65 FR                      up to 11 supernumeraries (see                         certification requirements of 14 CFR
                                             19477–19478), as well as at http://                     Exemption No. 10691).                                 part 36. The FAA must issue a finding
                                             DocketsInfo.dot.gov/.                                   Type-Certification Basis                              of regulatory adequacy under § 611 of
                                                Docket: Background documents or                                                                            Public Law 92–574, the ‘‘Noise Control
                                             comments received may be read at                           The regulations listed in the type
                                                                                                                                                           Act of 1972.’’
                                             http://www.regulations.gov/ at any time.                certificate are commonly referred to as
                                                                                                     the ‘‘original type-certification basis.’’              The FAA issues special conditions, as
                                             Follow the online instructions for                                                                            defined in 14 CFR 11.19, under § 11.38,
                                             accessing the docket or go to Docket                    The regulations to be listed in A1NM
                                                                                                     are as follows:                                       and they become part of the type-
                                             Operations in Room W12–140 of the                                                                             certification basis under § 21.101.
                                             West Building Ground Floor at 1200                         Under the provisions of Title 14, Code
                                             New Jersey Avenue SE., Washington,                      of Federal Regulations (14 CFR) 21.101,               Novel or Unusual Design Feature
                                             DC, between 9 a.m. and 5 p.m., Monday                   Boeing must show that the Boeing
                                                                                                     Model 767–2C series airplane meets the                   The Boeing Model 767–2C series
                                             through Friday, except Federal holidays.                                                                      airplane will incorporate the following
                                                                                                     applicable provisions of part 25, as
                                             FOR FURTHER INFORMATION CONTACT:                                                                              novel or unusual design feature:
                                                                                                     amended by Amendments 25–1 through
                                             Varun Khanna, FAA, Airplane and                         25–130, and 14 CFR 25.1316 at                            The electronic-system network
                                             Flightcrew Interface Branch, ANM–111,                   Amendment 25–134, except for earlier                  architecture for the Model 767–2C series
                                             Transport Airplane Directorate, Aircraft                amendments as agreed upon by the                      airplane introduces potential security
                                             Certification Service, 1601 Lind Avenue                 FAA. These regulations will be listed in              risks and vulnerabilities not addressed
                                             SW., Renton, Washington 98057–3356;                     Type Certificate No. A1NM after type-                 in current regulations and airplane-level
                                             telephone (425) 227–1298; facsimile                     certification approval of the 767–2C.                 or system-level safety-assessment
                                             (425) 227–1320.                                            14 CFR part 26 as amended by                       methods. This network architecture
                                             SUPPLEMENTARY INFORMATION: The FAA                      Amendments 26–1 through 26–6, and                     allows connection to airplane electronic
                                             has determined that notice of, and                      any later amendments in existence at                  systems and networks, and access from
                                             opportunity for prior public comment                    the time of certification per 14 CFR 26.5.            airplane external sources (e.g., operator
                                             on, these special conditions is                         For any future part 26 Amendments, the                networks, wireless devices, Internet
                                             impracticable because these procedures                  holder of this type certificate must                  connectivity, service-provider satellite
                                             would significantly delay issuance of                   demonstrate compliance with the                       communications, electronic flight bags,
                                             the design approval and thus delivery of                applicable sections.                                  etc.), to the previously isolated airplane
                                             the affected airplane. In addition, the                    14 CFR part 34 as amended by                       electronic assets. Airplane electronic
                                             substance of these special conditions                   Amendments 34–1 through 34–5A, and                    assets include electronic equipment and
                                             has been subject to the public-comment                  any later amendments in existence at                  systems, instruments, networks, servers,
                                             process in several prior instances with                 the time of certification.                            software and electronic components,
                                             no substantive comments received. The                      14 CFR part 36 as amended by                       field-loadable software and hardware
                                             FAA therefore finds that good cause                     Amendments 36–1 through 36–29, and                    applications, and databases.
                                             exists for making these special                         any later amendments in existence at                  Discussion
                                             conditions effective upon publication in                the time of certification.
                                             the Federal Register.                                      The certification basis also includes                The Boeing Model 767–2C series
                                                                                                     certain special conditions, exemptions,               airplane design introduces the potential
                                             Comments Invited                                        or later amended sections of the                      for unauthorized persons to access
                                               We invite interested people to take                   applicable part that are not relevant to              airplane-control domain and operator-
                                             part in this rulemaking by sending                                                                            information-services domain in the
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                                                                                                     these special conditions.
                                             written comments, data, or views. The                      If the Administrator finds that the                passenger-services domain. The 767–2C
                                             most helpful comments reference a                       applicable airworthiness regulations                  design further introduces the potential
                                             specific portion of the special                         (i.e., 14 CFR part 25) do not contain                 for security vulnerabilities related to the
                                             conditions, explain the reason for any                  adequate or appropriate safety standards              introduction of viruses, worms, user
                                             recommended change, and include                         for the Model 767–2C series airplane                  mistakes, and intentional sabotage of
                                             supporting data.                                        because of a novel or unusual design                  airplane networks, systems, and


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                                             10330            Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

                                             databases. As such, these special                       series of airplane. It is not a rule of               DEPARTMENT OF HEALTH AND
                                             conditions address these vulnerabilities.               general applicability.                                HUMAN SERVICES
                                                The digital systems architecture for                    The substance of these special
                                             the Boeing Model 767–2C series                          conditions has been subjected to the                  Food and Drug Administration
                                             airplanes is composed of several                        notice and comment period in several
                                             connected networks. This network                        prior instances, and has been derived                 21 CFR Part 884
                                             architecture is used for a diverse set of               without substantive change from those                 [Docket No. FDA–2014–M–1957]
                                             functions providing data connectivity                   previously issued. It is unlikely that
                                             between systems, including:                             prior public comment would result in a                Medical Devices; Obstetrical and
                                                1. Airplane control, communication,                  significant change from the substance                 Gynecological Devices; Classification
                                             display, monitoring and navigation                      contained herein. Therefore, because a                of the Assisted Reproduction Embryo
                                             systems,                                                delay would significantly affect the                  Image Assessment System
                                                2. operator business and                             certification of the airplane, the FAA
                                                                                                     has determined that prior public notice               AGENCY:    Food and Drug Administration,
                                             administrative support systems,                                                                               HHS.
                                                3. passenger entertainment systems,                  and comment are unnecessary and
                                                                                                     impracticable, and good cause exists for              ACTION:   Final order.
                                             and
                                                4. access by systems external to the                 adopting these special conditions upon                SUMMARY:    The Food and Drug
                                             airplane.                                               publication in the Federal Register.                  Administration (FDA) is classifying the
                                                The Model 767–2C series airplane                        The FAA is requesting comments to                  Assisted Reproduction Embryo Image
                                             electronic-system network architecture                  allow interested persons to submit                    Assessment System into class II (special
                                             allows connection to airplane electronic                views that may not have been submitted                controls). The special controls that will
                                             systems and networks, and access from                   in response to the prior opportunities                apply to the device are identified in this
                                             airplane external sources (e.g., operator               for comment described above.                          order, and will be part of the codified
                                             networks, wireless devices, Internet                    List of Subjects in 14 CFR Part 25                    language for the Assisted Reproduction
                                             connectivity, service-provider satellite                                                                      Embryo Image Assessment System
                                                                                                       Aircraft, Aviation safety, Reporting
                                             communications, electronic flight bags,                                                                       classification. The Agency is classifying
                                                                                                     and recordkeeping requirements.
                                             etc.) to the previously isolated airplane                                                                     the device into class II (special controls)
                                             electronic assets.                                        The authority citation for these                    in order to provide a reasonable
                                                This design may result in network-                   special conditions is as follows:                     assurance of safety and effectiveness of
                                             security vulnerabilities from intentional                 Authority: 49 U.S.C. 106(g), 40113, 44701,          the device.
                                             or unintentional corruption of data and                 44702, 44704.                                         DATES: This order is effective February
                                             systems required for the safety,                        The Special Conditions                                26, 2015. The classification was
                                             operations, and maintenance of the                                                                            applicable June 6, 2014.
                                             airplane. The existing regulations and                     Accordingly, pursuant to the
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                             guidance material did not anticipate this               authority delegated to me by the
                                                                                                                                                           Michael Bailey, Center for Devices and
                                             type of system architecture, or external                Administrator, the following special
                                                                                                                                                           Radiological Health, Food and Drug
                                             wired and wireless electronic access to                 conditions are issued as part of the type-
                                                                                                                                                           Administration, 10903 New Hampshire
                                             airplane electronic systems.                            certification basis for Boeing Model
                                                                                                                                                           Ave., Bldg. 66, Rm. G120, Silver Spring,
                                             Furthermore, regulations, and current                   767–2C series airplanes.
                                                                                                                                                           MD 20993–0002, 301–796–6530.
                                                                                                        1. The applicant must ensure airplane
                                             system safety-assessment policy and                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                     electronic-system security protection
                                             techniques, do not address potential
                                                                                                     from access by unauthorized sources                   I. Background
                                             security vulnerabilities, which could be
                                                                                                     external to the airplane, including those                In accordance with section 513(f)(1) of
                                             caused by unauthorized access to
                                                                                                     possibly caused by maintenance                        the Federal Food, Drug, and Cosmetic
                                             airplane electronic systems and
                                                                                                     activity.                                             Act (the FD&C Act) (21 U.S.C.
                                             networks.
                                                                                                        2. The applicant must ensure that
                                                Special conditions have been applied                                                                       360c(f)(1)), devices that were not in
                                                                                                     electronic-system security threats are
                                             on past airplane programs to require                                                                          commercial distribution before May 28,
                                                                                                     identified and assessed, and that
                                             consideration of related security                                                                             1976 (the date of enactment of the
                                                                                                     effective electronic-system security                  Medical Device Amendments of 1976),
                                             vulnerabilities. These special conditions               protection strategies are implemented to
                                             are similar to those previously applied,                                                                      generally referred to as postamendments
                                                                                                     protect the airplane from all adverse                 devices, are classified automatically by
                                             except that the scope has been adjusted                 impacts on safety, functionality, and
                                             to be consistent with those features                                                                          statute into class III without any FDA
                                                                                                     continued airworthiness.                              rulemaking process. These devices
                                             unique to the Model 767–2C series                          3. The applicant must establish
                                             airplane.                                                                                                     remain in class III and require
                                                                                                     appropriate procedures to allow the
                                                                                                                                                           premarket approval, unless and until
                                             Applicability                                           operator to ensure that continued
                                                                                                                                                           the device is classified or reclassified
                                                                                                     airworthiness of the airplane is
                                               As discussed above, these special                                                                           into class I or II, or FDA issues an order
                                                                                                     maintained, including all post type-
                                             conditions apply to Boeing Model 767–                                                                         finding the device to be substantially
                                                                                                     certification modifications that may
                                             2C series airplanes. Should Boeing                                                                            equivalent, in accordance with section
                                                                                                     have an impact on the approved
                                             apply later for a change to the type                                                                          513(i), to a predicate device that does
                                                                                                     electronic-system security safeguards.
                                             certificate to include another model                                                                          not require premarket approval. The
                                                                                                       Issued in Renton, Washington, on February           Agency determines whether new
rmajette on DSK2VPTVN1PROD with RULES




                                             incorporating the same novel or unusual
                                             design feature, the special conditions                  19, 2015.                                             devices are substantially equivalent to
                                             would apply to that model as well.                      John J. Piccola, Jr.,                                 predicate devices by means of
                                                                                                     Acting Manager, Transport Airplane                    premarket notification procedures in
                                             Conclusion                                              Directorate, Aircraft Certification Service.          section 510(k) of the FD&C Act (21
                                               This action affects only certain novel                [FR Doc. 2015–03970 Filed 2–25–15; 8:45 am]           U.S.C. 360(k)) and part 807 (21 CFR part
                                             or unusual design features on one model                 BILLING CODE 4910–13–P                                807) of the regulations.


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Document Created: 2015-12-18 13:05:41
Document Modified: 2015-12-18 13:05:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comments.
DatesThis action is effective on The Boeing Company on February 26, 2015. We must receive your comments by April 13, 2015.
ContactVarun Khanna, FAA, Airplane and Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-1298; facsimile (425) 227- 1320.
FR Citation80 FR 10328 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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