Airworthiness Directives; Thales AVS France SAS Flight Management Computer Navigation Modules, 76652-76655 [2023-24564]
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76652
Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations
Centers must ensure that the data is
submitted to the SBA within the
timeframe stipulated and that the data is
accurate and complete.
(d) Performance reports. Performance
reports must include the data specified
in paragraphs (d)(1) and (2) of this
section, along with any other
information the SBDC feels may be
relevant to a full appraisal of its
performance.
(1) The quarterly and semiannual
performance reports will address, in a
brief narrative, the SBDC’s major
activities and objectives. The reports
should include a discussion on the
progress toward achieving those
objectives.
(2) Final performance reports should
include an overall summary of effort
expended to deliver the core services
described in the cooperative agreement
for the full budget period. A discussion
of performance measurements achieved
and an explanation of those objectives
or measurements not met should be
included. Performance reports should
be a summary of the activities, events or
achievements by reportable category
with an accompanying management
analysis.
■ 37. Revise § 130.830 to read as
follows:
§ 130.830
■
See 2 CFR part 200, subpart F.
38. Add § 130.840 to read as follows:
§ 130.840
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Audits and investigations.
Closeout procedures.
(a) General. The purpose of closeout
procedures is to ensure that the program
funds and property acquired or
developed under the SBDC cooperative
agreement are fully reconciled and
transferred seamlessly between
recipient organizations, SBDC service
center organizations, or other Federal
programs. The responsibility of
conducting closeout procedures is
vested with the recipient organization
whose cooperative agreement is not
being renewed. The procedures should
be documented and accomplished in
accordance with the applicable property
standards and the provisions of this
part.
(b) Supplies and equipment. Supplies
and equipment acquired with funds
under the cooperative agreement must
be accounted for at closeout.
(c) Intellectual property. (1) In
accordance with 2 CFR part 200, subpart
D, intangible property and items subject
to copyright that are purchased or
developed under the cooperative
agreement must be accounted for at
closeout.
(2) Inventory and documentation of
intellectual property must be collected
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by the Lead Center for close out. In
circumstances where SBA is not
renewing the cooperative agreement, the
recipient organization must provide an
intellectual property inventory and the
support documentation to the SBDC
clearinghouse and to the District Office
for disposition instructions.
(d) Responsibilities—(1) Recipient
organizations. When an SBDC
cooperative agreement is not being
renewed, regardless of cause, the
recipient organization will ensure the
following steps are taken in their
closeout process and perform the
necessary inventories and
reconciliations prior to submitting the
final annual financial report.
(i) An inventory of the SBDC property
must be compiled and evaluated. An
asset evaluation final report accounting
for the property, equipment, and the
aggregate of usable supplies and
materials must be provided to the
Program Manager.
(ii) Program income balances must be
reconciled, and unused program income
transferred to the Lead Center from
SBDC service center organization
accounts.
(iii) Client counseling and training
records, paper and electronic, must be
compiled to facilitate an SBA program
closeout review.
(iv) Financial records will be
compiled to facilitate an SBA closeout
financial examination.
(2) Close out actions. Recipient
organizations that terminate SBDC
service center organization agreements
will perform the close out actions in
paragraphs (d)(1)(i) through (iv) of this
section to ensure the safeguard of
program resources under the
cooperative agreement.
(3) SBA. Upon receipt of the final
financial report from a non-renewing
recipient organization, the AA/SBDC
will issue disposition instructions to the
former recipient organization as
described in paragraph (e) of this
section.
(e) Final disposition. (1) The final
financial status report from the recipient
organization must include the
information identified in the inventory
process and identify any program
income collected from the SBDC
network.
(2) The AA/SBDC will issue written
disposition instructions to the recipient
organization providing:
(i) The name and address of the entity
or agency to which property and
program income must be transferred;
(ii) A date by which the transfer must
be completed;
(iii) Actions to be taken regarding
property and program income;
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(iv) Actions to be taken regarding
program records such as client and
training files; and
(v) Authorization to incur costs for
accomplishing the transfer. Such costs
may, when authorized, be applied to
residual program income or Federal or
matching funds.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2023–22164 Filed 11–6–23; 8:45 am]
BILLING CODE 8026–09–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1716; Project
Identifier MCAI–2022–00168–Q; Amendment
39–22577; AD 2023–21–05]
RIN 2120–AA64
Airworthiness Directives; Thales AVS
France SAS Flight Management
Computer Navigation Modules
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting 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 AD requires revising the existing
aircraft flight manual (AFM) for your
airplane and updating the navigation
database. This AD also prohibits
installing a database unless certain
procedures were removed. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective December
12, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 12, 2023.
ADDRESSES:
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 final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
SUMMARY:
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For service information identified
in this final rule, 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. It is also available
at regulations.gov under Docket No.
FAA–2023–1716.
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:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to Thales FMC2 NAVM, part
number (P/N) C13084CA03, installed
on, but not limited to, airplanes. The
NPRM published in the Federal
Register on August 24, 2023 (88 FR
57904). The NPRM was prompted by
AD 2022–0024, dated February 4, 2022,
issued by the European Union Aviation
Safety Agency (EASA), which is the
Technical Agent for the Member States
of the European Union (referred to after
this as the MCAI). 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).
In the NPRM, the FAA proposed to
require revising the existing AFM for
your airplane and updating the
navigation database. The FAA also
proposed to prohibit installing a
database unless certain procedures were
not included. The FAA is issuing this
AD to address the unsafe condition on
these products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1716.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the costs.
Conclusion
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
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State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI referenced
above. The FAA reviewed the relevant
data and determined that air safety
requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products. This AD is adopted as
proposed in the NPRM.
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 ADDRESSES.
Differences Between This 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 AD
does 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 AD.
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ESTIMATED COSTS
Action
Labor cost
Revise AFM and update navigation database
2 work-hours × $85 per 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
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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.
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Cost per
product
Parts cost
$0
$170
Cost on U.S.
operators
$0
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not 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 that this AD:
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 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:
■
2023–21–05 Thales AVS France SAS:
Amendment 39–22577; Docket No.
FAA–2023–1716; Project Identifier
MCAI–2022–00168–Q.
(a) Effective Date
This airworthiness directive (AD) is
effective December 12, 2023.
(b) Affected ADs
None.
(d) Subject
Joint Aircraft System Component (JASC)
Code 3400, Navigation System.
1. The authority citation for part 39
continues to read as follows:
■
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
(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.
PART 39—AIRWORTHINESS
DIRECTIVES
(e) Unsafe Condition
(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 the introductory text of paragraph
(g)(1) of this AD and Table 2 to the
introductory text of paragraph (g)(1) of this
AD.
TABLE 1 TO THE INTRODUCTORY TEXT OF 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
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.
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 ...................................
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TABLE 2 TO THE INTRODUCTORY TEXT OF PARAGRAPH (g)(1)—FMS USER MANUAL LIMITATIONS
Limitation No.
FMS user manual limitations
1 ...................................
2 ...................................
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 the
introductory text of paragraph (g)(1) of this
AD.
(ii) The actions required by the
introductory text of 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.
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(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.
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(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
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations
of the local Flight Standards District Office/
certificate holding district office.
ACTION:
(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
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.
SUMMARY:
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on October 25, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–24564 Filed 11–6–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
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14 CFR Part 71
[Docket No. FAA–2023–1780; Airspace
Docket No. 23–ASO–35]
RIN 2120–AA66
Revocation of Class D and Class E
Airspace; Milton, FL
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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15:47 Nov 06, 2023
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Final rule.
This action removes Class D
airspace, Class E surface airspace, and
Class E airspace extending upward from
700 feet above the surface for Choctaw
NOLF, Milton, FL.
Effective 0901 UTC, January 25,
2024. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
DATES:
A copy of the Notice of
Proposed Rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours a day, 365 days a year.
FAA Order JO 7400.11H, Airspace
Designations, Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
John Fornito, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, 1701
Columbia Avenue, College Park, GA
30337; Telephone: (404) 305–6364.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority, as it removes
Class D and Class E airspace in Milton,
FL. The FAA determined that this
update is necessary to support
operations in the area due to the closing
of the air traffic control tower and
cancellation of all instrument
approaches.
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History
The FAA published a notice of
proposed rulemaking for Docket No.
FAA 2023–1780 in the Federal Register
(88 FR 60910; September 6, 2023),
removing Class D airspace, Class E
surface airspace, and Class E airspace
extending upward from 700 feet above
the surface for Choctaw NOLF, Milton,
FL, as the air traffic control tower has
closed, and all instrument approaches
canceled. Interested parties were invited
to participate in this rulemaking effort
by submitting written comments on the
proposal to the FAA. No comments
were received.
Incorporation by Reference
Class D and Class E airspace
designations are published in
Paragraphs 5000, 6002, and 6005,
respectively, of FAA Order JO 7400.11,
Airspace Designations and Reporting
Points, which is incorporated by
reference in 14 CFR 71.1 on an annual
basis. This document amends the
current version of that order, FAA Order
JO 7400.11H, dated August 11, 2023,
and effective September 15, 2023. FAA
Order JO 7400.11H is publicly available
as listed in the ADDRESSES section of this
document. These amendments will be
published in the next FAA Order JO
7400.11 update.
FAA Order JO 7400.11H lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by
removing Class D airspace, Class E
surface airspace, and Class E airspace
extending upward from 700 feet above
the surface for Choctaw NOLF, Milton,
FL, due to the closing of the air traffic
control tower, and cancellation of all
instrument approaches. Controlled
airspace is necessary for the safety and
management of instrument flight rules
(IFR) operations in the area.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
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]]>Agencies
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76652-76655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24564]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1716; Project Identifier MCAI-2022-00168-Q;
Amendment 39-22577; AD 2023-21-05]
RIN 2120-AA64
Airworthiness Directives; Thales AVS France SAS Flight Management
Computer Navigation Modules
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting 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 AD requires revising the existing aircraft flight manual
(AFM) for your airplane and updating the navigation database. This AD
also prohibits installing a database unless certain procedures were
removed. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective December 12, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 12,
2023.
ADDRESSES:
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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and
[[Page 76653]]
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information identified in this final rule,
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. It is also available at
regulations.gov under Docket No. FAA-2023-1716.
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:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Thales FMC2 NAVM, part
number (P/N) C13084CA03, installed on, but not limited to, airplanes.
The NPRM published in the Federal Register on August 24, 2023 (88 FR
57904). The NPRM was prompted by AD 2022-0024, dated February 4, 2022,
issued by the European Union Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Union
(referred to after this as the MCAI). 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).
In the NPRM, the FAA proposed to require revising the existing AFM
for your airplane and updating the navigation database. The FAA also
proposed to prohibit installing a database unless certain procedures
were not included. The FAA is issuing this AD to address the unsafe
condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1716.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the costs.
Conclusion
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 referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. This AD is adopted as proposed in the NPRM.
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 ADDRESSES.
Differences Between This 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 AD does
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 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
This AD will not have federalism implications under Executive Order
13132. This AD will not 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 that this AD:
[[Page 76654]]
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
2023-21-05 Thales AVS France SAS: Amendment 39-22577; Docket No.
FAA-2023-1716; Project Identifier MCAI-2022-00168-Q.
(a) Effective Date
This airworthiness directive (AD) is effective December 12,
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 the
introductory text of paragraph (g)(1) of this AD and Table 2 to the
introductory text of paragraph (g)(1) of this AD.
Table 1 to the Introductory Text of 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 the Introductory Text of 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 the
introductory text of paragraph (g)(1) of this AD.
(ii) The actions required by the introductory text of 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
[[Page 76655]]
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 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 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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on October 25, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-24564 Filed 11-6-23; 8:45 am]
BILLING CODE 4910-13-P
