[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Rules and Regulations]
[Pages 32640-32641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13244]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0301; Special Conditions No. 25-550-SC]


Special Conditions: The Boeing Company, Models 737-700, -700C, -
800, -900ER, -7, -8, and -9 Series Airplanes; Airplane Electronic 
Systems Security Protection From Unauthorized External Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Special Condition; Request for Comments.

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SUMMARY: These special conditions are issued for the Boeing Company 
Models 737-700, -700C, -800, -900ER, -7, -8, and -9 series 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 and may result in security 
vulnerabilities to the airplanes' systems. 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: The effective date of these special conditions is June 6, 2014. 
We must receive your comments by July 21, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0301 
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 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/ 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 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 is 
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 
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 by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On January 27, 2012, the Boeing Company applied for an amendment to 
Type Certificate No. A16WE to include new minor models, 737-7, -8, and 
-9. The Models 737-7, -8, and -9, which are derivatives of the 737-700, 
-800, -900ER currently approved under Type Certificate No. A16WE, are 
passenger series airplanes designed to substantially reduce fuel burn 
and community noise. In addition, the design will include a new CFM 
LEAP-1B engine with a 68.4-inch diameter fan, 8-inch longer nose gear 
to accommodate the larger engine, a relofted tailcone (which requires 
the elevator to be trimmed and the elevator tab to be relocated 
outboard to accommodate the new contours), new horizontal stabilizer 
strakelets, a retractable auxiliary power unit inlet door, fly-by-wire 
spoilers, strengthened flight deck bulkhead, and a new winglet design.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, The Boeing Company must show that the Models 737-700, -
700C, -800, -900ER, -7, -8, and -9 series airplanes meet the applicable 
provisions of the regulations incorporated by reference in Type 
Certificate No. A16WE or the applicable regulations in effect on the 
date of application for the change to the type certificate. 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, 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

[[Page 32641]]

adequate or appropriate safety standards for the 737-700, -700C, -800, 
-900ER, -7, -8, and -9 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 or similar 
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, the special conditions would also 
apply to the other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the 737-700, -700C, -800, -900ER, -7, -8, and -9 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 Boeing Models 737-700, -700C, -800, -900ER, -7, -8, and -9 
series airplanes will incorporate the following novel or unusual design 
features: Digital systems architecture composed of several connected 
networks. This network architecture and network configuration may be 
used for or interfaced with a diverse set of functions, including:
     Flight safety related control, communication, and 
navigation systems (aircraft control domain);
     Operator business and administrative support (operator 
information domain); and
     Passenger information and entertainment systems (passenger 
entertainment domain), and the capability to allow access to or by 
external network sources.

Discussion

    The proposed architecture and network configuration of the Models 
737-700, -700C, -800, -900ER, -7, -8, and -9 series airplanes may allow 
increased connectivity to and access from external network sources and 
operations and maintenance networks to the aircraft control domain and 
operator information domain. The airplane control domain and operator 
information domain perform functions required for the safe operation 
and maintenance of the airplane. Previously these domains had very 
limited connectivity with external network 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 networks, data buses, and 
servers. Therefore, these special conditions and a means of compliance 
are proposed 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 
Models 737-700, -700C, -800, -900ER, -7, -8, and -9 series airplanes. 
Should The Boeing Company 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 certain model series 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 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 The Boeing Company Models 737-700, -
700C, -800, -900ER, -7, -8, and -9 series airplanes.

Airplane Electronic Systems Security Protection From Unauthorized 
External Access

    1. The applicant must ensure that the airplanes' electronic systems 
are protected 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 May 5, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-13244 Filed 6-5-14; 8:45 am]
BILLING CODE 4910-13-P