[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Rules and Regulations]
[Pages 67557-67559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27517]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-0959; Special Conditions No. 25-473-SC]


Special Conditions: ATR-GIE Avions de Transport Regional, Models 
ATR42-500 and ATR72-212A Airplanes; Aircraft 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 the ATR-GIE Avions de 
Transport Regional Models ATR42-500 and ATR72-212A airplanes. These 
airplanes will have novel or unusual design features associated with 
the architecture and connectivity capabilities of the airplanes' 
computer systems and networks, which may allow access to or by external 
computer systems and networks. Connectivity to, or access by, external 
systems and networks may result in security vulnerabilities to the 
airplanes' systems. The applicable airworthiness regulations do not 
contain adequate or appropriate safety standards for these design 
features. 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: The effective date of these special conditions is November 5, 
2012. We must receive your comments by December 13, 2012.

ADDRESSES: Send comments identified by docket number FAA-2012-0959 
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 by 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 8 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

[[Page 67558]]

http://www.regulations.gov/at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Varun Khanna, FAA, Airplane and Flight 
Crew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-1298; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions are 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
aircraft. 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 
issuance.

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On January 22, 2009, ATR-GIE Avions de Transport Regional 
(hereafter referred to as ``ATR-GIE'') applied for a change to FAA Type 
Certificate No. A53EU to install a new avionics suite that includes 
connectivity capabilities between airplane computer systems and 
networks and external systems and networks in their Models ATR42-500 
and ATR72-212A airplanes. Both airplanes are two-engine, turbo-
propeller driven. The Model ATR42-500 has a maximum takeoff weight of 
41,005 pounds and an emergency exit arrangement to support a maximum of 
60 passengers. The Model ATR72-212A has a maximum takeoff weight of 
49,603 pounds and an emergency exit arrangement to support a maximum of 
72 passengers.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, ATR-GIE must show that the Models ATR42-500 and ATR72-
212A, as changed, continue to meet the applicable provisions of the 
regulations incorporated by reference in Type Certificate No. A53EU or 
the applicable regulations in effect on the date of application for the 
change. The regulations incorporated by reference in the type 
certificate are commonly referred to as the ``original type 
certification basis.'' In addition, the certification basis includes 
certain special conditions, exemptions, and equivalent safety findings 
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 Models ATR42-500 and ATR72-212A 
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 type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design features, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design features, the special conditions would also apply to the 
other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the Models ATR42-500 and ATR72-212A 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 Features

    The Models ATR42-500 and ATR72-212A airplanes will incorporate the 
following novel or unusual design features: Digital systems 
architecture composed of several connected networks. The proposed 
architecture and network configuration may be used for, or interfaced 
with, a diverse set of functions, including:
     Flight-safety related control, communication, display, 
monitoring, and navigation systems (aircraft control functions);
     Airline business and administrative support (airline 
information services);
     Passenger information and entertainment systems (passenger 
entertainment services); and,
     The capability to allow access to or by systems external 
to the airplane.

Discussion

    The Models ATR42-500 and ATR72-212A architecture and network 
configuration may allow increased connectivity to, or access by, 
external airplane sources, airline operations, and maintenance systems 
to the aircraft control functions and airline information services. The 
aircraft control functions and airline information services perform 
functions required for the safe operation and maintenance of the 
airplane. Previously these functions and services had very limited 
connectivity with external sources. The architecture and network 
configuration may allow the exploitation of network security 
vulnerabilities resulting in intentional or unintentional destruction, 
disruption, degradation, or exploitation of data, systems, and networks 
critical to the safety and maintenance of the airplane. The existing 
regulations and guidance material did not anticipate these types of 
airplane system architectures. Furthermore, 14 CFR regulations and 
current system safety assessment policy and techniques do not address 
potential security vulnerabilities, which could be exploited by 
unauthorized access to airplane systems, data buses, and servers. 
Therefore, these special conditions are issued to ensure that the 
security (i.e., confidentiality, integrity, and availability) of 
airplane systems is not compromised by unauthorized wired or wireless 
electronic connections.

Applicability

    As discussed above, these special conditions are applicable to the 
ATR-GIE Avions de Transport Regional Models ATR42-500 and ATR72-212A 
airplanes. Should ATR-GIE apply at a later date 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 two models of airplanes. 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

[[Page 67559]]

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 issuance. 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 ATR-GIE Avions de Transport Regional 
Models ATR42-500 and ATR72-212A airplanes.
    1. Airplane Electronic System Security Protection from Unauthorized 
External Access. The applicant must ensure airplane electronic system 
security protection from access to or 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 aircraft 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 November 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-27517 Filed 11-9-12; 8:45 am]
BILLING CODE 4910-13-P