Special Conditions: Gulfstream Model GVI Airplane; Electronic Systems Security Isolation or Protection From Unauthorized Passenger Systems Access, 36861-36862 [2011-15705]
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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
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Fmt 4700
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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
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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.
-----------------------------------------------------------------------
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