Airworthiness Directives; Thales AVS France SAS Flight Management Computer Navigation Modules, 57904-57907 [2023-18116]
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
the Accomplishment Instructions of
Bombardier Service Bulletin 604–35–008,
Revision 02, dated January 13, 2023. If the
PBE device is missing, before further flight,
install a portable PBE device marked with
TSO C116 or TSO C116a and its associated
placard, in accordance with section 2.B. of
the Accomplishment Instructions of
Bombardier Service Bulletin 604–35–008,
Revision 02, dated January 13, 2023.
(h) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager, International Validation
Branch, mail it to the address identified in
paragraph (i)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or Transport Canada or
Bombardier, Inc.’s Transport Canada Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
lotter on DSK11XQN23PROD with PROPOSALS1
(i) Additional Information
(1) Refer to Transport Canada AD CF–
2023–21, dated March 30, 2023, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–1715.
(2) For more information about this AD,
contact Gabriel Kim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Bombardier Service Bulletin 604–35–
008, Revision 02, dated January 13, 2023.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Bombardier, Inc., Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email:
ac.yul@aero.bombardier.com; website:
bombardier.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
VerDate Sep<11>2014
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Street, Des Moines, WA. For information on
the availability of this material at the FAA,
call 206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–18169 Filed 8–23–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1716; Project
Identifier MCAI–2022–00168–Q]
RIN 2120–AA64
Airworthiness Directives; Thales AVS
France SAS Flight Management
Computer Navigation Modules
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Thales AVS France SAS (Thales)
flight management computer navigation
modules (FMC2 NAVM) installed on,
but not limited to, airplanes. This AD
was prompted by reports that, due to
software issues, certain FMC2 NAVM
navigation modules provide erroneous
data to the flight management computer,
compromising safe flight of the airplane.
This proposed AD would require
revising the existing aircraft flight
manual (AFM) for your airplane and
updating the navigation database. This
proposed AD would also prohibit
installing a database unless certain
procedures were removed. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this NPRM by October 10, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
SUMMARY:
PO 00000
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30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1716; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information identified
in this NPRM, contact Thales AVS
France SAS, 75–77 Avenue Marcel
Dassault, 33700 Merignac, France;
phone: +33 7 86 33 59 20; email:
continued.airworthiness@
thalesgroup.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110.
FOR FURTHER INFORMATION CONTACT:
Nicholas Rediess, Aviation Safety
Engineer, FAA, 1701 Columbia Avenue,
College Park, GA 30337; phone: (781)
238–7159; email: 9-AVS-AIR-BACOCOS@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–1716; Project Identifier
MCAI–2022–00168–Q’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Nicholas Rediess,
Aviation Safety Engineer, FAA, 1701
Columbia Avenue, College Park, GA
30337. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
unsafe condition, the MCAI requires
revising the AFM with operational
instructions for the affected airborne
navigation procedures of the AFM. The
MCAI also requires updating the
navigation database software, and
prohibits installing a database for the
Thales FMC2 NAVM, P/N C13084CA03,
unless it does not include the
procedures specified in section II of
Thales Service Information Letter
F9111–J70859DN–00, issued January 18,
2022 (Thales SIL F9111–J70859DN–00).
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1716.
Background
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2022–0024, dated February 4, 2022
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for Thales
FMC2 NAVM, part number (P/N)
C13084CA03, installed on, but not
limited to Dassault (formerly Bre´guet)
Br.1150 Atlantique 2 (ATL2) maritime
patrol airplanes. The MCAI states that
Thales FMC2 NAVM, P/N C13084CA03,
provides erroneous guidance for
navigation procedures of the flight
management system due to issues with
the software. This condition, if not
addressed, could compromise the safety
margins of the airplane. To address the
FAA’s Determination
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is issuing this AD after determining the
unsafe condition is likely to exist or
develop in other products of the same
type design.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Thales SIL F9111–
J70859DN–00. This service information
specifies updating the Thales FMC2
NAVM, P/N C13084CA03, navigation
database.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Proposed AD Requirements in This
NPRM
This proposed AD would require
revising the existing AFM for your
airplane and updating the navigation
57905
database. This proposed AD would also
prohibit installing a database for the
Thales FMC2 NAVM, P/N C13084CA03,
unless it does not include the
procedures specified in section II of
Thales SIL F9111–J70859DN–00.
The owner/operator (pilot) holding at
least a private pilot certificate may
perform the proposed incorporation of
the operating limitation into the existing
AFM of your airplane, and the actions
must be entered into the aircraft records
showing compliance with this AD in
accordance with 14 CFR 43.9(a) and
91.417(a)(2)(v). The record must be
maintained as required by 14 CFR
91.417, 121.380, or 135.439. The
proposed incorporation of the operating
limitation into the existing AFM of your
airplane is not considered a
maintenance action and may be done
equally by a pilot or a mechanic. This
is an exception to the FAA’s standard
maintenance regulations.
Differences Between This Proposed AD
and the MCAI
The MCAI applies to all Thales FMC2
NAVMs, P/N C13084CA03, installed on,
but not limited to Dassault (formerly
Bre´guet) Br.1150 Atlantique 2 (ATL2)
maritime patrol airplanes, and this
proposed AD would not apply to those
airplanes because those airplanes do not
have an FAA type certificate. Currently,
no airplanes on the U.S. registry
incorporate the navigation equipment
affected by this AD.
Costs of Compliance
There are currently no affected
airplanes on the U.S. registry with a
Thales FMC2 NAVM, P/N C13084CA03,
installed. In the event a U.S.-registered
airplane would have this equipment
installed, the following is an estimate of
the costs to comply with this proposed
AD.
ESTIMATED COSTS
Action
Labor cost
Revise AFM and update navigation database
2 work-hours × $85 per hour = $170 .............
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
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Jkt 259001
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
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Cost per
product
Parts cost
$0
$170
Cost on U.S.
operators
$0
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
have a substantial direct effect on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
(d) Subject
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Thales AVS France SAS: Docket No. FAA–
2023–1716; Project Identifier MCAI–
2022–00168–Q.
Joint Aircraft System Component (JASC)
Code 3400, Navigation System.
(e) Unsafe Condition
This AD was prompted by reports that, due
to software issues, certain FMC2 NAVM
navigation modules provide erroneous data
to the flight management computer,
compromising safe flight of the airplane. This
condition, if not addressed, could
compromise the safety margins of the
airplane and result in controlled flight into
terrain.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by October 10,
2023.
(f) Compliance
(b) Affected ADs
None.
(g) Required Actions
(c) Applicability
This AD applies to Thales AVS France SAS
flight management computer navigation
modules (FMC2 NAVM), part number (P/N)
C13084CA03, installed on, but not limited to
airplanes, certificated in any category.
Comply with this AD within the
compliance times specified, unless already
done.
(1) Within 30 days after the effective date
of this AD, revise the Limitations Section of
the existing airplane flight manual (AFM) for
your airplane by adding the information in
Table 1 to paragraph (g)(1) of this AD and
Table 2 to paragraph (g)(1) of this AD.
TABLE 1 TO PARAGRAPH (g)(1)—LIMITATIONS TO OPERATE THE FLIGHT MANAGEMENT SYSTEM (FMS) OF THE AIRPLANE
[Formulated as instructions to the flight crew]
Limitation No.
Limitation/instruction
1 ...........................
For Procedure Turn, Tear Drop trajectory, specified turn direction or arc to fix leg in published navigation procedure, disengage FMS Navigation mode and engage Track mode with the expected Track target.
When coupled to the AFCS, do not perform a Direct To while established in Turn.
Do not revise the flight plan until GO AROUND safe altitude (as per Standard Operating Procedure) has been reached.
Initialize the flight plan with at least an intermediate waypoint between departure and destination.
Before flying a procedure (including associated missed approach) that requires to fly over a waypoint, check that the flyover flag is displayed on MCDU FPLN page beside the constrained fix, as expected in the published chart. If the fly-over
is missing, it shall be set manually.
Do not use Vertical Step function.
Do not activate the data save command.
Do not use Offset function.
2
3
4
5
...........................
...........................
...........................
...........................
6 ...........................
7 ...........................
8 ...........................
TABLE 2 TO PARAGRAPH (g)(1)—FMS USER MANUAL LIMITATIONS
Limitation No.
lotter on DSK11XQN23PROD with PROPOSALS1
1 ...........................
2 ...........................
FMS user manual limitations
Operate the FMS respecting the limitations.
Only operate the FMS of the airplane with a specifically trained crew, as defined in the FMS User Manual, for awareness
and training on the mitigation means to recover from the issue ‘‘straight leg bypassing following arc to fix leg.’’
(i) Inserting a copy of this AD into the
Limitations Section of the existing AFM for
your airplane satisfies the requirement of
paragraph (g)(1) of this AD.
(ii) The actions required by paragraph
(g)(1) of this AD may be performed by the
owner/operator (pilot) holding at least a
private pilot certificate and must be entered
into the aircraft records showing compliance
with this AD in accordance with 14 CFR
43.9(a) and 91.417(a)(2)(v). The record must
be maintained as required by 14 CFR 91.417,
121.380, or 135.439.
(2) Within 30 days after the effective date
of this AD, update the database for your
Thales FMC2 NAVM, P/N C13084CA03, with
a database that does not contain the
VerDate Sep<11>2014
15:52 Aug 23, 2023
Jkt 259001
procedures specified in section II of Thales
Service Information Letter F9111–J70859DN–
00, issued January 18, 2022 (Thales SIL
F9111–J70859DN–00).
(3) As of the effective date of this AD, do
not install a database for your Thales FMC2
NAVM, P/N C13084CA03, unless it does not
include the procedures specified in section II
of Thales SIL F9111–J70859DN–00.
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, East Certification Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
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principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification branch, send it to the attention
of the person identified in paragraph (i)(2) of
this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(i) Additional Information
(1) Refer to European Union Aviation
Safety Agency (EASA) AD 2022–0024, dated
February 4, 2022, for related information.
This EASA AD may be found in the AD
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
docket at regulations.gov under Docket No.
FAA–2023–1716.
(2) For more information about this AD,
contact Nicholas Rediess, Aviation Safety
Engineer, FAA, 1701 Columbia Avenue,
College Park, GA 30337; phone: (781) 238–
7159; email: 9-AVS-AIR-BACO-COS@faa.gov.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Thales Service Information Letter
F9111–J70859DN–00, issued January 18,
2022.
Note 1 to paragraph (j)(2)(i): The footer on
pages 2 through 32 of Thales Service
Information Letter F9111–J70859DN–00,
issued January 18, 2022, contains the text
‘‘Reference: 0026–F9111–J70859DN–00.’’
(ii) [Reserved]
(3) For service information identified in
this AD, contact Thales AVS France SAS, 75–
77 Avenue Marcel Dassault, 33700 Merignac,
France; phone: +33 7 86 33 59 20; email:
continued.airworthiness@thalesgroup.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–18116 Filed 8–23–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1717; Project
Identifier MCAI–2023–00728–A]
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RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
SUMMARY:
VerDate Sep<11>2014
15:52 Aug 23, 2023
Jkt 259001
certain Embraer S.A. (Embraer) Model
EMB–505 airplanes. This proposed AD
was prompted by analysis of certain
monuments (the right-hand refreshment
center and left-hand forward cabinet)
that identified the need for installing
structural reinforcements and replacing
certain floor support rivets. This
proposed AD would require installing
structural reinforcements on certain
monuments and replacing certain floor
support rivets, as specified in an
Ageˆncia Nacional de Aviac¸a˜o Civil
(ANAC) AD, which is proposed for
incorporation by reference (IBR). The
FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this NPRM by October 10, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1717; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information that is
proposed for IBR in this NPRM, contact
ANAC, Continuing Airworthiness
Technical Branch (GTAC), Rua Doutor
Orlando Feirabend Filho, 230—Centro
Empresarial Aquarius—Torre B—
Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´
dos Campos—SP, Brazil; phone: 55 (12)
3203–6600; email: pac@anac.gov.br;
website: anac.gov.br/en/. You may find
this material on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp. It is also available at
regulations.gov under Docket No. FAA–
2023–1717.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
PO 00000
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57907
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110.
Jim
Rutherford, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329–
4165; email: jim.rutherford@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–1717; Project Identifier
MCAI–2023–00728–A’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Jim Rutherford,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590. Any commentary that the
FAA receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
E:\FR\FM\24AUP1.SGM
24AUP1
]]>Agencies
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57904-57907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18116]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1716; Project Identifier MCAI-2022-00168-Q]
RIN 2120-AA64
Airworthiness Directives; Thales AVS France SAS Flight Management
Computer Navigation Modules
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Thales AVS France SAS (Thales) flight management computer
navigation modules (FMC2 NAVM) installed on, but not limited to,
airplanes. This AD was prompted by reports that, due to software
issues, certain FMC2 NAVM navigation modules provide erroneous data to
the flight management computer, compromising safe flight of the
airplane. This proposed AD would require revising the existing aircraft
flight manual (AFM) for your airplane and updating the navigation
database. This proposed AD would also prohibit installing a database
unless certain procedures were removed. The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by October 10, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1716; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this NPRM, contact
Thales AVS France SAS, 75-77 Avenue Marcel Dassault, 33700 Merignac,
France; phone: +33 7 86 33 59 20; email:
[email protected].
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110.
FOR FURTHER INFORMATION CONTACT: Nicholas Rediess, Aviation Safety
Engineer, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone:
(781) 238-7159; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1716; Project Identifier
MCAI-2022-00168-Q'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
[[Page 57905]]
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Nicholas Rediess, Aviation Safety Engineer, FAA, 1701 Columbia Avenue,
College Park, GA 30337. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2022-0024, dated February 4, 2022 (referred to after this as
``the MCAI''), to correct an unsafe condition for Thales FMC2 NAVM,
part number (P/N) C13084CA03, installed on, but not limited to Dassault
(formerly Br[eacute]guet) Br.1150 Atlantique 2 (ATL2) maritime patrol
airplanes. The MCAI states that Thales FMC2 NAVM, P/N C13084CA03,
provides erroneous guidance for navigation procedures of the flight
management system due to issues with the software. This condition, if
not addressed, could compromise the safety margins of the airplane. To
address the unsafe condition, the MCAI requires revising the AFM with
operational instructions for the affected airborne navigation
procedures of the AFM. The MCAI also requires updating the navigation
database software, and prohibits installing a database for the Thales
FMC2 NAVM, P/N C13084CA03, unless it does not include the procedures
specified in section II of Thales Service Information Letter F9111-
J70859DN-00, issued January 18, 2022 (Thales SIL F9111-J70859DN-00).
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1716.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Thales SIL F9111-J70859DN-00. This service
information specifies updating the Thales FMC2 NAVM, P/N C13084CA03,
navigation database.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information referenced above. The FAA is issuing
this AD after determining the unsafe condition is likely to exist or
develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require revising the existing AFM for your
airplane and updating the navigation database. This proposed AD would
also prohibit installing a database for the Thales FMC2 NAVM, P/N
C13084CA03, unless it does not include the procedures specified in
section II of Thales SIL F9111-J70859DN-00.
The owner/operator (pilot) holding at least a private pilot
certificate may perform the proposed incorporation of the operating
limitation into the existing AFM of your airplane, and the actions must
be entered into the aircraft records showing compliance with this AD in
accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417, 121.380, or 135.439. The
proposed incorporation of the operating limitation into the existing
AFM of your airplane is not considered a maintenance action and may be
done equally by a pilot or a mechanic. This is an exception to the
FAA's standard maintenance regulations.
Differences Between This Proposed AD and the MCAI
The MCAI applies to all Thales FMC2 NAVMs, P/N C13084CA03,
installed on, but not limited to Dassault (formerly Br[eacute]guet)
Br.1150 Atlantique 2 (ATL2) maritime patrol airplanes, and this
proposed AD would not apply to those airplanes because those airplanes
do not have an FAA type certificate. Currently, no airplanes on the
U.S. registry incorporate the navigation equipment affected by this AD.
Costs of Compliance
There are currently no affected airplanes on the U.S. registry with
a Thales FMC2 NAVM, P/N C13084CA03, installed. In the event a U.S.-
registered airplane would have this equipment installed, the following
is an estimate of the costs to comply with this proposed AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Revise AFM and update navigation 2 work-hours x $85 per $0 $170 $0
database. hour = $170.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
[[Page 57906]]
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Thales AVS France SAS: Docket No. FAA-2023-1716; Project Identifier
MCAI-2022-00168-Q.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 10, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Thales AVS France SAS flight management
computer navigation modules (FMC2 NAVM), part number (P/N)
C13084CA03, installed on, but not limited to airplanes, certificated
in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 3400, Navigation
System.
(e) Unsafe Condition
This AD was prompted by reports that, due to software issues,
certain FMC2 NAVM navigation modules provide erroneous data to the
flight management computer, compromising safe flight of the
airplane. This condition, if not addressed, could compromise the
safety margins of the airplane and result in controlled flight into
terrain.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
(1) Within 30 days after the effective date of this AD, revise
the Limitations Section of the existing airplane flight manual (AFM)
for your airplane by adding the information in Table 1 to paragraph
(g)(1) of this AD and Table 2 to paragraph (g)(1) of this AD.
Table 1 to Paragraph (g)(1)--Limitations To Operate the Flight
Management System (FMS) of the Airplane
[Formulated as instructions to the flight crew]
------------------------------------------------------------------------
Limitation No. Limitation/instruction
------------------------------------------------------------------------
1................................... For Procedure Turn, Tear Drop
trajectory, specified turn
direction or arc to fix leg in
published navigation procedure,
disengage FMS Navigation mode and
engage Track mode with the
expected Track target.
2................................... When coupled to the AFCS, do not
perform a Direct To while
established in Turn.
3................................... Do not revise the flight plan
until GO AROUND safe altitude (as
per Standard Operating Procedure)
has been reached.
4................................... Initialize the flight plan with at
least an intermediate waypoint
between departure and
destination.
5................................... Before flying a procedure
(including associated missed
approach) that requires to fly
over a waypoint, check that the
fly-over flag is displayed on
MCDU FPLN page beside the
constrained fix, as expected in
the published chart. If the fly-
over is missing, it shall be set
manually.
6................................... Do not use Vertical Step function.
7................................... Do not activate the data save
command.
8................................... Do not use Offset function.
------------------------------------------------------------------------
Table 2 to Paragraph (g)(1)--FMS User Manual Limitations
------------------------------------------------------------------------
Limitation No. FMS user manual limitations
------------------------------------------------------------------------
1................................... Operate the FMS respecting the
limitations.
2................................... Only operate the FMS of the
airplane with a specifically
trained crew, as defined in the
FMS User Manual, for awareness
and training on the mitigation
means to recover from the issue
``straight leg bypassing
following arc to fix leg.''
------------------------------------------------------------------------
(i) Inserting a copy of this AD into the Limitations Section of
the existing AFM for your airplane satisfies the requirement of
paragraph (g)(1) of this AD.
(ii) The actions required by paragraph (g)(1) of this AD may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9(a)
and 91.417(a)(2)(v). The record must be maintained as required by 14
CFR 91.417, 121.380, or 135.439.
(2) Within 30 days after the effective date of this AD, update
the database for your Thales FMC2 NAVM, P/N C13084CA03, with a
database that does not contain the procedures specified in section
II of Thales Service Information Letter F9111-J70859DN-00, issued
January 18, 2022 (Thales SIL F9111-J70859DN-00).
(3) As of the effective date of this AD, do not install a
database for your Thales FMC2 NAVM, P/N C13084CA03, unless it does
not include the procedures specified in section II of Thales SIL
F9111-J70859DN-00.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, East Certification Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification branch, send it to the
attention of the person identified in paragraph (i)(2) of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(i) Additional Information
(1) Refer to European Union Aviation Safety Agency (EASA) AD
2022-0024, dated February 4, 2022, for related information. This
EASA AD may be found in the AD
[[Page 57907]]
docket at regulations.gov under Docket No. FAA-2023-1716.
(2) For more information about this AD, contact Nicholas
Rediess, Aviation Safety Engineer, FAA, 1701 Columbia Avenue,
College Park, GA 30337; phone: (781) 238-7159; email: [email protected].
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Thales Service Information Letter F9111-J70859DN-00, issued
January 18, 2022.
Note 1 to paragraph (j)(2)(i): The footer on pages 2 through 32
of Thales Service Information Letter F9111-J70859DN-00, issued
January 18, 2022, contains the text ``Reference: 0026-F9111-
J70859DN-00.''
(ii) [Reserved]
(3) For service information identified in this AD, contact
Thales AVS France SAS, 75-77 Avenue Marcel Dassault, 33700 Merignac,
France; phone: +33 7 86 33 59 20; email:
[email protected].
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-18116 Filed 8-23-23; 8:45 am]
BILLING CODE 4910-13-P
