66084 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

(c) The Director may propose 

imposition of a civil penalty for 

violation of a requirement of a 

regulation or rule under paragraph (a) of 

this section or a compliance order 

issued under paragraph (b) of this 

section, not to exceed $150,346 for each 

violation. 

* * * * * 

PART 851—WORKER SAFETY AND 

HEALTH PROGRAM 

■ 21. The authority citation for part 851 

continues to read as follows: 

Authority: 42 U.S.C. 2201(i)(3), (p); 42 

U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 

U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 

28 U.S.C. 2461 note. 

■ 22. Section 851.5 is amended by 

revising the first sentence of paragraph 

(a) to read as follows: 

§ 851.5 Enforcement. 

(a) A contractor that is indemnified 

under section 170d. of the AEA (or any 

subcontractor or supplier thereto) and 

that violates (or whose employee 

violates) any requirement of this part 

shall be subject to a civil penalty of up 

to $97,639 for each such 

violation. * * * 

* * * * * 

■ 23. Appendix B to part 851 is 

amended by: 

■ a. Revising the last sentences of 

paragraphs (b)(1) and (2) in section VI; 

and 

■ b. Revising paragraph 1.(e)(1) in 

section IX. 

The revisions read as follows: 

Appendix B to Part 851—General 

Statement of Enforcement Policy 

* * * * * 

VI. Severity of Violations 

* * * * * 

(b) * * * 

(1) * * * A Severity Level I violation 

would be subject to a base civil penalty 

of up to 100% of the maximum base 

civil penalty of $97,639. 

(2) * * * A Severity Level II violation 

would be subject to a base civil penalty 

up to 50% of the maximum base civil 

penalty ($48,820). 

* * * * * 

IX. Enforcement Actions 

* * * * * 

1. Notice of Violation 

* * * * * 

(e) * * * 

(1) DOE may assess civil penalties of 

up to $97,639 per violation per day on 

contractors (and their subcontractors 

and suppliers) that are indemnified by 

the Price-Anderson Act, 42 U.S.C. 

2210(d). See 10 CFR 851.5(a). 

* * * * * 

PART 1013—PROGRAM FRAUD CIVIL 

REMEDIES AND PROCEDURES 

■ 24. The authority citation for part 

1013 continues to reads as follows: 

Authority: 31 U.S.C. 3801–3812; 28 U.S.C. 

2461 note. 

■ 25. Section 1013.3 is amended by 

revising paragraphs (a)(1)(iv) and 

(b)(1)(ii) to read as follows: 

§ 1013.3 Basis for civil penalties and 

assessments. 

(a) * * * 

(1) * * * 

(iv) Is for payment for the provision 

of property or services which the person 

has not provided as claimed, shall be 

subject, in addition to any other remedy 

that may be prescribed by law, to a civil 

penalty of not more than $11,463 for 

each such claim. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Contains or is accompanied by an 

express certification or affirmation of 

the truthfulness and accuracy of the 

contents of the statement, shall be 

subject, in addition to any other remedy 

that may be prescribed by law, to a civil 

penalty of not more than $11,463 for 

each such statement. 

* * * * * 

PART 1017—IDENTIFICATION AND 

PROTECTION OF UNCLASSIFIED 

CONTROLLED NUCLEAR 

INFORMATION 

■ 26. The authority citation for part 

1017 continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 

2401 et seq.; 42 U.S.C. 2168; 28 U.S.C. 2461 

note. 

■ 27. Section 1017.29 is amended by 

revising paragraph (c) to read as follows: 

§ 1017.29 Civil penalty. 

* * * * * 

(c) Amount of penalty. The Director 

may propose imposition of a civil 

penalty for violation of a requirement of 

a regulation under paragraph (a) of this 

section or a compliance order issued 

under paragraph (b) of this section, not 

to exceed $270,753 for each violation. 

* * * * * 

PART 1050—FOREIGN GIFTS AND 

DECORATIONS 

■ 28. The authority citation for part 

1050 continues to read as follows: 

Authority: The Constitution of the United 

States, Article I, Section 9; 5 U.S.C. 7342; 22 

U.S.C. 2694; 42 U.S.C. 7254 and 7262; 28 

U.S.C. 2461 note. 

■ 29. Section 1050.303 is amended by 

revising the last sentence in paragraph 

(d) to read as follows: 

§ 1050.303 Enforcement. 

* * * * * 

(d) * * * The court in which such 

action is brought may assess a civil 

penalty against such employee in any 

amount not to exceed the retail value of 

the gift improperly solicited or received 

plus $20,526. 

[FR Doc. 2018–27670 Filed 12–21–18; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2018–1054; Special 

Conditions No. 25–740–SC] 

Special Conditions: Airbus Model 

A330–200, A330–200F, A330–300 and 

A330–900 Series Airplanes; Electronic 

System Security Protection From 

Unauthorized Internal Access 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Airbus Model A330–200, 

A330–200F, A330–300, and A330–900 

series airplanes. These airplanes will 

have a novel or unusual design feature 

when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. This design feature 

is airplane electronic systems and 

networks that allow access, from aircraft 

internal sources (e.g., wireless devices, 

internet connectivity), to the airplane’s 

previously isolated, internal, electronic 

components. 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 Airbus 

on December 26, 2018. Send comments 

on or before February 11, 2019. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2018–1054 using 

any of the following methods: 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 66085 

• 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 website, 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). 

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: 

Thuan Nguyen, Airplane and Flight 

Crew Interface Section, AIR–671, 

Transport Standards Branch, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 South 216th 

Street, Des Moines, Washington 98198; 

telephone and fax 206–231–3365; email 

Thuan.T.Nguyen@faa.gov. 

SUPPLEMENTARY INFORMATION:

The substance of these special 

conditions has been published in the 

Federal Register for public comment in 

several prior instances with no 

substantive comments received. 

Therefore, the FAA has determined that 

prior public notice and comment are 

unnecessary, and finds that, for the 

same reason, good cause exists for 

adopting these special conditions 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 20, 2015, Airbus applied 

for an amendment to Type Certificate 

No. A46NM to include the new Model 

A330–900 series airplane. The Airbus 

Model A330–900 series airplane is a 

derivative of the Model A330–300 series 

airplane currently approved under Type 

Certificate No. A46NM. 

On August 9, 2018, Airbus applied for 

a change to Type Certificate No. A46NM 

for the installation of electronic system 

architecture or Flight Operations and 

Maintenance Exchanger (FOMAX) 

equipment in Model A330–200, A330– 

200F, A330–300, and A330–900 series 

airplanes. These airplanes are twinengine, transport category airplanes 

with a maximum passenger seating 

capacity of 406 for the A330–200 series 

and a maximum passenger seating 

capacity of 440 for the A330–300 and 

A330–900 series airplanes. These 

airplanes have a maximum takeoff 

weight of 533,518 pounds. 

Type Certification Basis 

Under the provisions of title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Airbus must show that the Model A330– 

900 series airplane and the Model 

A330–200, A330–200F, and A330–300 

series airplanes, as changed, meet the 

applicable provisions of the regulations 

listed in Type Certificate No. A46NM, or 

the applicable regulations in effect on 

the date of application for the change, 

except for earlier amendments as agreed 

upon by the FAA. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Airbus Model A330–200, A330– 

200F, A330–300, and A330–900 series 

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 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 § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Airbus Model A330– 

200, A330–200F, A330–300, and A330– 

900 series 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. 

Novel or Unusual Design Features 

The Airbus Model A330–200, A330– 

200F, A330–300, and A330–900 series 

airplanes will incorporate the following 

novel or unusual design feature: 

The installation and activation of 

electronic network system architecture 

or Flight Operations and Maintenance 

Exchanger (FOMAX) equipment that 

allows access from internal sources (e.g., 

wireless devices, internet connectivity) 

to the airplane’s once isolated internal 

electronic components. 

Discussion 

The Airbus airplane Model A330–200, 

A330–200F, A330–300, and A330–900 

series electronic network system 

architecture is novel or unusual for 

commercial transport airplanes because 

it allows connection to previously 

isolated data networks connected to 

systems that perform functions required 

for the safe operation of the airplane. 

This data network and design 

integration may result in security 

vulnerabilities from intentional or 

unintentional corruption of data and 

systems critical to the safety and 

maintenance of the airplane. The 

existing regulations and guidance 

material did not anticipate this type of 

system architecture or electronic access 

to aircraft systems. Furthermore, 14 CFR 

regulations and the current system 

safety assessment policy and techniques 

do not address potential security 

vulnerabilities, which could be 

exploited by unauthorized access to 

airplane networks and servers. 

Therefore, these special conditions are 

to ensure that the security of airplane 

systems and networks is not 

compromised by unauthorized wired or 

wireless internal access. 


amozie on DSK3GDR082PROD with RULES
66086 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

Applicability 

As discussed above, these special 

conditions are applicable to the Airbus 

Model A330–200, A330–200F, A330– 

300, and A330–900 series airplanes. 

Should Airbus apply at a later date for 

a change to the type certificate to 

include another model incorporating the 

same novel or unusual design feature, 

these special conditions would apply to 

that model as well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on 

Airbus Model A330–200, A330–200F, 

A330–300, and A330–900 series 

airplanes. It is not a rule of general 

applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701, 44702, 44704. 

The Special Conditions 

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 Airbus Model 

A330–200, A330–200F, A330–300, and 

A330–900 series airplanes. 

1. The applicant must ensure that the 

design provides isolation from, or 

airplane electronic system security 

protection against, access by 

unauthorized sources internal to the 

airplane. The design must prevent 

inadvertent and malicious changes to, 

and all adverse impacts upon, airplane 

equipment, systems, networks, or other 

assets required for safe flight and 

operations. 

2. 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 Des Moines, Washington, on 

December 12, 2018. 

Victor Wicklund, 

Manager, Transport Standards Branch, Policy 

and Innovation Division, Aircraft 

Certification Service. 

[FR Doc. 2018–27818 Filed 12–21–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2018–1053; Special 

Conditions No. 25–739–SC] 

Special Conditions: Airbus Model 

A330–200, A330–200F, A330–300 and 

A330–900 Series Airplanes; 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 Airbus Model A330–200, 

A330–200F, A330–300, and A330–900 

series airplanes. These airplanes will 

have a novel or unusual design feature 

when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. This design feature 

is airplane electronic systems and 

networks that allow access from 

external sources (e.g., wireless devices, 

internet connectivity) to the airplane’s 

internal electronic components. 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 Airbus 

on December 26, 2018. Send comments 

on or before February 11, 2019. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2018–1053 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 website, 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). 

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: 

Thuan Nguyen, Airplane and Flight 

Crew Interface Section, AIR–671, 

Transport Standards Branch, Policy and 

Innovation Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 2200 South 216th 

Street, Des Moines, Washington 98198; 

telephone and fax 206–231–3365; email 

Thuan.T.Nguyen@faa.gov. 

SUPPLEMENTARY INFORMATION:

The substance of these special 

conditions has been published in the 

Federal Register for public comment in 

several prior instances with no 

substantive comments received. 

Therefore, the FAA has determined that 

prior public notice and comment are 

unnecessary, and finds that, for the 

same reason, good cause exists for 

adopting these special conditions 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. 


amozie on DSK3GDR082PROD with RULES