32642 Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2014–0302; Notice No. 25– 

551–SC] 

Special Conditions: The Boeing 

Company, Models 737–700, –700C, 

–800, –900ER, –7, –8, and –9 Series 

Airplanes; Isolation or Airplane 

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 Boeing Models 737–700, 

–700C, –800, –900ER, –7, –8, and –9 

series airplanes. These airplanes will 

have a novel or unusual design feature 

associated with connectivity of the 

passenger service computer systems to 

the airplane critical systems and data 

networks. 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–2014–0302 

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/. 

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, 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 (APU) 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 

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 § 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 

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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations 32643 

with § 11.38, and they become part of 

the type-certification basis under 

§ 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); 

• Operation and administrative 

support (operator information services 

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 integrated network 

configuration on the Models 737–700, 

–700C, –800, –900ER, –7, –8, and –9 

may allow increased connectivity with 

external network sources and will have 

more interconnected networks and 

systems, such as passenger 

entertainment and information services, 

than previous 737 airplane models. This 

may allow the exploitation of network 

security vulnerabilities resulting in 

intentional or unintentional destruction, 

disruption, degradation, or exploitation 

of data and systems critical to the safety 

and maintenance of the airplane, which 

could result in unsafe conditions for the 

airplane and its occupants. 

The existing regulations and guidance 

material did not anticipate these types 

of system architectures or access to 

airplane systems. Furthermore, 14 CFR 

regulations and current system safety 

assessment policy and techniques do 

not address potential security 

vulnerabilities that could be caused by 

unauthorized access to airplane data 

busses and servers. Therefore, these 

special conditions are issued to ensure 

that the security (i.e., confidentiality, 

integrity, and availability) of airplane 

systems are not compromised by 

unauthorized wired or wireless 

electronic connections between airplane 

operation systems and networks and the 

passenger domain. 

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. 

Isolation or Airplane Electronic System 

Security Protection From Unauthorized 

Internal Access 

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 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. 2014–13245 Filed 6–5–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 17 

[Docket No. FDA–2014–N–0113] 

Maximum Civil Money Penalty 

Amounts; Civil Money Penalty 

Complaints; Confirmation of Effective 

Date 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Direct final rule; Confirmation 

of effective date. 

SUMMARY: The Food and Drug 

Administration (FDA) is confirming the 

effective date of June 18, 2014, for the 

direct final rule that appeared in the 

Federal Register of February 3, 2014. 

The direct final rule revises the 

regulations to update the table to adjust 

the preceding maximum civil penalty 

amounts for inflation as prescribed by 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990 (FCPIAA). The 

direct final rule also revises the 

regulations to amend the process for 

initiating certain civil money penalty 

(CMP) administrative actions. This 

document confirms the effective date of 

the direct final rule. 

DATES: Effective date of the direct final 

rule published in the Federal Register 

of February 3, 2014 (79 FR 6088), 

confirmed: June 18, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jarilyn Dupont, Office of Policy, Food 

and Drug Administration, 10903 New 

Hampshire Ave., Silver Spring, MD 

20903, 301–796–4830. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of February 3, 2014 (79 

FR 6088), FDA published the direct 

final rule Maximum Civil Money 

Penalty Amounts; Civil Money Penalty 

Complaints. The direct final rule revises 

the table in 21 CFR 17.2 to adjust the 

preceding maximum CMP amounts for 

inflation as prescribed by FCPIAA. The 

adjusted CMPs have been updated to 

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