Daily Rules, Proposed Rules, and Notices of the Federal Government
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.
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.
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.
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 § 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 § 11.38, and they become part of the type certification basis under § 21.101.
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.
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.
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.
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
Aircraft, Aviation safety, Reporting and recordkeeping requirements.
The authority citation for these special conditions is as follows:
49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
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.