Special Conditions: Gulfstream Model GVI Airplane; Electronic Systems Security Isolation or Protection From Unauthorized Passenger Systems Access, 36861-36862 [2011-15705]

Download as PDF Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations pricing data submitted (or, if not submitted, maintained and identified by the carrier as supporting documentation) to the Contracting officer or the Contracting officer’s representative or designee, in support of the ll*FEHB Program rates were developed in accordance with the requirements of 48 CFR Chapter 16 and the FEHB Program contract and are accurate, complete, and current as of the date this certificate is executed; and (b) the methodology used to determine the FEHB Program rates is consistent with the methodology used to determine the rates for the carrier’s Similarly Sized Subscriber Groups if complying with § 1602.170–13a. or (c) The determination of the carrier’s FEHB-specific medical loss ratio for ** is accurate, complete, and consistent with the methodology as stated in § 1615.402(c)(3)(b) if complying with § 1602.170–13b. * Insert the year for which the rates apply. Normally, this will be the year for which the rates are being reconciled. ** Insert the year for which the MLR calculation applies. Normally, this will be the year before the year being reconciled. Firm: llllllllllllllllll Name: lllllllllllllllll Signature: llllllllllllllll Date of Execution llllllllllll (End of certificate) Subchapter E—General Contracting Requirements PART 1632—CONTRACT FINANCING 10. The authority citation for part 1632 continues to read as follows: ■ Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301. 11. Add § 1632.170(a)(3) to read as follows: ■ § 1632.170 Recurring premium payments to carriers. (a) * * * (3) Any subsidization penalty levied against a community rated plan as outlined in 48 CFR 1615.402(c)(3)(ii)(B) must be paid within 60 days from notification. If payment is not received within the 60 day period, OPM will withhold from the community rated carriers the periodic premium payment payable until fully recovered. OPM will deposit the withheld funds in the subsidization penalty reserve described in 5 CFR 890.503(c)(6). * * * * * erowe on DSK5CLS3C1PROD with RULES Subchapter H—Clauses and Forms PART 1652—CONTRACT CLAUSES 12. The authority citation for part 1652 continues to read as follows: ■ Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301. VerDate Mar<15>2010 15:03 Jun 22, 2011 Jkt 223001 13. Revise 1652.216–70(b)(2) though (b)(5) as follows: ■ § 1652.216–70 adjustment. Accounting and price * * * * * (b) * * * (2) The subscription rates agreed to in this contract shall be based on paragraphs (b)(2)(i) or (ii) of this clause. Effective January 1, 2013 all community rated plans must base their rating methodology on the medical loss ratio (MLR) threshold described in paragraph (b)(2)(i) of this clause unless traditional community rating is mandated in the state where they are domiciled: (i) The subscription rates agreed to in this contract shall meet the FEHBspecific MLR threshold as defined in FEHBAR 1602.170–13b. The ratio of a plan’s incurred claims, including the issuer’s expenditures for activities that improve health care quality, to total premium revenue shall not be lower than the FEHB-specific MLR threshold published annually by OPM in its rate instructions. (ii) The subscription rates agreed to in this contract shall be equivalent to the subscription rates given to the carrier’s similarly sized subscriber groups (SSSGs) as defined in FEHBAR 1602.170–13a. The subscription rates shall be determined according to the carrier’s established policy, which must be applied consistently to the FEHBP and to the carrier’s SSSGs. If an SSSG receives a rate lower than that determined according to the carrier’s established policy, it is considered a discount. The FEHBP must receive a discount equal to or greater than the carrier’s largest SSSG discount. (3) If the rates are determined by SSSG comparison, then: (i) If, at the time of the rate reconciliation, the subscription rates are found to be lower than the equivalent rates for the lower of the two SSSGs, the carrier may include an adjustment to the Federal group’s rates for the next contract period, except as noted in paragraph (b)(3)(iii) of this clause. (ii) If, at the time of the rate reconciliation, the subscription rates are found to be higher than the equivalent rates for the lower of the two SSSGs, the carrier shall reimburse the Fund, for example, by reducing the FEHB rates for the next contract term to reflect the difference between the estimated rates and the rates which are derived using the methodology of the lower rated SSSG, except as noted in paragraph (b)(3)(iii) of this clause. (iii) Carriers may provide additional guaranteed discounts to the FEHBP that are not given to SSSGs. Any such PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 36861 guaranteed discounts must be clearly identified as guaranteed discounts. After the beginning of the contract year for which the rates are set, these guaranteed FEHBP discounts may not be adjusted. (4) If rates are determined by comparison with the FEHB-specific MLR threshold, then if the MLR for the carrier’s FEHB plan is found to be lower than the published FEHB-specific MLR threshold, the carrier must pay a subsidization penalty into a subsidization penalty account. (5) The following apply to community rated plans, regardless of the rating methodology: (i) No upward adjustment in the rate established for this contract will be allowed or considered by the Government or will be made by the Carrier in this or in any other contract period on the basis of actual costs incurred, actual benefits provided, or actual size or composition of the FEHBP group during this contract period. (ii) For contract years beginning on or after January 1, 2009, in the event this contract is not renewed, the final rate reconciliation will be performed. The carrier must promptly pay any amount owed to OPM. Any amount recoverable by the carrier is limited to the amount in the contingency reserve for the terminating plan as of December 31 of the terminating year. (iii) Carriers may not impose surcharges (loadings not defined based on an established rating method) on the FEHBP subscription rates or use surcharges in the rate reconciliation process in any circumstance. [FR Doc. 2011–15602 Filed 6–22–11; 8:45 am] BILLING CODE 6325–64–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM447; Special Conditions No. 25–436–SC] Special Conditions: Gulfstream Model GVI Airplane; Electronic Systems Security Isolation or Protection From Unauthorized Passenger Systems Access Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. AGENCY: These special conditions are issued for the Gulfstream GVI airplane. This airplane will have novel or unusual design features associated with connectivity of the passenger domain computer systems to the airplane SUMMARY: E:\FR\FM\23JNR1.SGM 23JNR1 36862 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Rules and Regulations critical systems and data networks. 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: Effective Date: July 25, 2011. FOR FURTHER INFORMATION CONTACT: Will Struck, FAA, Airplane and Flight Crew Interface Branch, ANM–111, Transport Standards Staff, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2764; facsimile (425) 227–1320. SUPPLEMENTARY INFORMATION: Background On March 29, 2005, Gulfstream Aerospace Corporation (hereafter referred to as ‘‘Gulfstream’’) applied for an FAA type certificate for its new Gulfstream Model GVI passenger airplane. Gulfstream later applied for, and was granted, an extension of time for the type certificate, which changed the effective application date to September 28, 2006. The Gulfstream Model GVI airplane will be an all-new, two-engine jet transport airplane. The maximum takeoff weight will be 99,600 pounds, with a maximum passenger count of 19 passengers. erowe on DSK5CLS3C1PROD with RULES Type Certification Basis Under provisions of Title 14, Code of Federal Regulations (14 CFR) 21.17, Gulfstream must show that the Gulfstream Model GVI airplane (hereafter referred to as ‘‘the GVI’’) meets the applicable provisions of 14 CFR part 25, as amended by Amendments 25–1 through 25–119, 25– 122, and 25–124. 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 GVI 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, the special conditions would also apply to the other model under provisions of § 21.101. In addition to complying with the applicable airworthiness regulations and special conditions, the GVI must VerDate Mar<15>2010 15:03 Jun 22, 2011 Jkt 223001 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 must also issue a finding of regulatory adequacy pursuant to section 611 of Public Law 92–574, the ‘‘Noise Control Act of 1972.’’ 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 § 21.17(a)(2). Novel or Unusual Design Features The Gulfstream Model GVI airplane 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: 1. Flight-safety related control, communication, and navigation systems (aircraft control domain), 2. Airline business and administrative support (airline information domain), 3. Passenger information and entertainment systems (passenger entertainment domain), and 4. The capability to allow access to or by external sources. Discussion The GVI integrated network configuration 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 Gulfstream airplane models. This may allow the exploitation of network security vulnerabilities and increase risks potentially resulting in unsafe conditions for the airplane and its occupants. This potential exploitation of security vulnerabilities may result in intentional or unintentional destruction, disruption, degradation, or exploitation of data and systems critical to the safety and maintenance of the airplane. The existing regulations and guidance material did not anticipate these types of 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 and servers. Therefore, these special conditions and a means of compliance are being issued to ensure that the security (i.e., confidentiality, integrity, and availability) of airplane systems is not compromised by unauthorized wired or wireless PO 00000 Frm 00006 Fmt 4700 Sfmt 9990 electronic connections between airplane systems and networks and the passenger entertainment domain. Discussion of Comments Notice of proposed special conditions No. 25–11–06–SC for Gulfstream GVI airplanes was published in the Federal Register on February 25, 2011 (76 FR 10528). Only one comment was received, which was supportive, so these special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to the Gulfstream Model GVI airplane. Should Gulfstream apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design features, these special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features of the GVI. It is not a rule of general applicability. 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 Condition Accordingly, pursuant to the authority delegated to me by the Administrator, the following special condition is issued as part of the type certification basis for Gulfstream GVI airplanes. The design must isolate or provide protection from any inadvertent or malicious change to, and any adverse effect on any systems, software, or data in the aircraft control domain or airline information domain from any point within the passenger entertainment domain. Issued in Renton, Washington, on June 13, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–15705 Filed 6–22–11; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\23JNR1.SGM 23JNR1

Agencies

[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Rules and Regulations]
[Pages 36861-36862]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15705]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM447; Special Conditions No. 25-436-SC]


Special Conditions: Gulfstream Model GVI Airplane; Electronic 
Systems Security Isolation or Protection From Unauthorized Passenger 
Systems Access

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Gulfstream GVI 
airplane. This airplane will have novel or unusual design features 
associated with connectivity of the passenger domain computer systems 
to the airplane

[[Page 36862]]

critical systems and data networks. 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: Effective Date: July 25, 2011.

FOR FURTHER INFORMATION CONTACT: Will Struck, FAA, Airplane and Flight 
Crew Interface Branch, ANM-111, Transport Standards Staff, Transport 
Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, 
SW., Renton, Washington 98055-4056; telephone (425) 227-2764; facsimile 
(425) 227-1320.

SUPPLEMENTARY INFORMATION:

Background

    On March 29, 2005, Gulfstream Aerospace Corporation (hereafter 
referred to as ``Gulfstream'') applied for an FAA type certificate for 
its new Gulfstream Model GVI passenger airplane. Gulfstream later 
applied for, and was granted, an extension of time for the type 
certificate, which changed the effective application date to September 
28, 2006. The Gulfstream Model GVI airplane will be an all-new, two-
engine jet transport airplane. The maximum takeoff weight will be 
99,600 pounds, with a maximum passenger count of 19 passengers.

Type Certification Basis

    Under provisions of Title 14, Code of Federal Regulations (14 CFR) 
21.17, Gulfstream must show that the Gulfstream Model GVI airplane 
(hereafter referred to as ``the GVI'') meets the applicable provisions 
of 14 CFR part 25, as amended by Amendments 25-1 through 25-119, 25-
122, and 25-124. 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 GVI 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, the special conditions would also apply to the 
other model under provisions of Sec.  21.101.
    In addition to complying with the applicable airworthiness 
regulations and special conditions, the GVI 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 must also issue a 
finding of regulatory adequacy pursuant to section 611 of Public Law 
92-574, the ``Noise Control Act of 1972.''
    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.  21.17(a)(2).

Novel or Unusual Design Features

    The Gulfstream Model GVI airplane 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:
    1. Flight-safety related control, communication, and navigation 
systems (aircraft control domain),
    2. Airline business and administrative support (airline information 
domain),
    3. Passenger information and entertainment systems (passenger 
entertainment domain), and
    4. The capability to allow access to or by external sources.

Discussion

    The GVI integrated network configuration 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 Gulfstream airplane models. 
This may allow the exploitation of network security vulnerabilities and 
increase risks potentially resulting in unsafe conditions for the 
airplane and its occupants.
    This potential exploitation of security vulnerabilities may result 
in intentional or unintentional destruction, disruption, degradation, 
or exploitation of data and systems critical to the safety and 
maintenance of the airplane. The existing regulations and guidance 
material did not anticipate these types of 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 
and servers. Therefore, these special conditions and a means of 
compliance are being 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 between airplane systems and networks and the passenger 
entertainment domain.

Discussion of Comments

    Notice of proposed special conditions No. 25-11-06-SC for 
Gulfstream GVI airplanes was published in the Federal Register on 
February 25, 2011 (76 FR 10528). Only one comment was received, which 
was supportive, so these special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Gulfstream Model GVI airplane. Should Gulfstream apply at a later date 
for a change to the type certificate to include another model 
incorporating the same novel or unusual design features, these special 
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
of the GVI. It is not a rule of general applicability.

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 Condition

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special condition is issued as part of the 
type certification basis for Gulfstream GVI airplanes.

    The design must isolate or provide protection from any 
inadvertent or malicious change to, and any adverse effect on any 
systems, software, or data in the aircraft control domain or airline 
information domain from any point within the passenger entertainment 
domain.

    Issued in Renton, Washington, on June 13, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-15705 Filed 6-22-11; 8:45 am]
BILLING CODE 4910-13-P