80696 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–0991; Project 

Identifier AD–2020–00478–Q] 

RIN 2120–AA64 

Airworthiness Directives; Garmin 

International GMN–00962 GTS 

Processor Units (GTS 825, GTS 855, 

GTS 8000) 

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 Garmin International (Garmin) 

GMN–00962 GTS processor units (GTS 

825, GTS 855, GTS 8000). This 

proposed AD was prompted by reports 

of GTS processor units issuing 

resolution advisories (RAs) when no 

risk of collision or loss of separation 

exists between the airplanes involved. 

This proposed AD would require 

updating the software version of the 

affected GTS Processor units. The FAA 

is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by January 28, 

2021. 

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 

https://www.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. 

For service information identified in 

this NPRM, contact Garmin 

International, Garmin Aviation Support, 

1200 E 151st Street, Olathe, KS 66062; 

phone: (866) 739–5687; website: https:// 

fly.garmin.com/fly-garmin/support/. 

You may view this service information 

at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 901 

Locust St., Kansas City, MO 64106. For 

information on the availability of this 

material at the FAA, call (816) 329– 

4148. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–0991; 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, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: Paul 

Rau, Aviation Safety Engineer, Wichita 

ACO Branch, FAA, 1801 Airport Road, 

Wichita, KS 67209; phone: (316) 946– 

4149; fax: (316) 946–4107; email: 

paul.rau@faa.gov or Wichita-COS@

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 the ADDRESSES section. Include 

‘‘Docket No. FAA–2020–0991; Project 

Identifier AD–2020–00478–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 https://

www.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 Paul Rau, Aviation 

Safety Engineer, Wichita ACO Branch, 

FAA, 1801 Airport Road, Wichita, KS 

67209. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

In 2017, the FAA received seven 

reports of false RAs involving aircraft 

equipped with Garmin GMN–00962 

GTS processor configured for traffic 

collision avoidance system II (TCAS II) 

(configuration marketed as GTS–8000 

units). The Garmin GMN–00962 GTS 

processor units are marketed by Garmin 

as the GTS 825, GTS 855 or GTS 8000, 

with the marketing name representing 

the traffic system configuration. 

A false RA occurs when there is no 

risk of collision or loss of separation of 

the airplanes. The FAA review of 

available air traffic data identified 

additional false RA incidents occurring 

at rates as frequent as once every 420 

flight hours in congested airspace. 

These false RAs result from the GTS 

Processor software potentially 

calculating incorrect range rates. This 

results in traffic advisories or RAs being 

generated when targets are greater than 

10 nautical miles (NM) away. A TCAS 

event involving three or more airplanes 

can result in mid-air collision by 

increasing the risk that the TCAS, in 

resolving the false RA with the initial 

airplane, will create an actual loss of 

separation with a third airplane. 

This condition, if not addressed, 

could result in an RA being generated 

when no risk of loss of separation or risk 

of collision exists between the airplanes 

involved, which can lead to a mid-air 

collision with a third airplane. 

The affected GTS processor units 

were installed on the airplanes listed 

below during production; however, the 

affected units may have been installed 

on other airplane models as a 

supplemental type certificate. Although 

the names found in parenthesis may not 

be listed on the type certificate, the 

manufacturer may use those names as 

marketing names for the airplanes. 

• Textron Aviation Inc. (type 

certificate previously held by Cessna 

Aircraft Company) Model 525 (Cessna 

Citation M2), Model 525B (Cessna 

Citation CJ3+), Model Model 680 

Sovereign, Model 680A Latitude, and 

Model 700 (Cessna Citation Longitude); 

• Embraer S.A. Model EMB–500 

(Phenom 100) and Model EMB–505 

(Phenom 300); and 

• Learjet Inc. Model 45 (Learjet 70) 

and Model 45 (Learjet 75). 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Proposed Rules 80697 

FAA’s Determination 

The FAA is issuing this NPRM after 

determining the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type design. 

Related Service Information 

The FAA reviewed Garmin Service 

Bulletin No. 2065, Revision A, dated 

May 7, 2020; and Garmin Service 

Bulletin No. 1948, Revision B, dated 

March 26, 2020. These service bulletins 

contain procedures for uploading the 

software update to the GMN–00962 GTS 

Processor units (GTS 825, GTS 855, GTS 

8000). 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

updating the GTS processor unit 

software within 12 months. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 700 

appliances installed on airplanes of U.S. 

registry. 

The FAA estimates the following 

costs to comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Update GTS processor software .................... 4 work-hours × $85 per hour = $340 ............. $0 $340 $238,000 

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 has determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 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 

■ 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: 

Garmin International: Docket No. FAA– 

2020–0991; Project Identifier AD–2020– 

00478–Q. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by January 28, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Garmin International 

GMN–00962 GTS processor units, part 

number 011–02571–0( ), with software 

version 3.13 or earlier, except software 

version 3.12.1. These units are marketed as 

the GTS 825, GTS 855, or GTS 8000. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 3445, AIR COLLISION AVOIDANCE 

SYSTEM (TCAS). 

(e) Unsafe Condition 

This AD was prompted by the GTS 

processor unit issuing false resolution 

advisories (RAs) when no risk of collision or 

loss of separation exists between the 

airplanes involved. A traffic collision 

avoidance system (TCAS) event involving 

three or more airplanes can result in mid-air 

collision by increasing the risk that the 

TCAS, in resolving the false RA between the 

initial airplane, will create an actual loss of 

separation with a third airplane. The FAA is 

issuing this AD to prevent these false RAs, 

which can lead to a mid-air collision with a 

third airplane. 

(f) Required Action and Compliance 

Within 12 months after the effective date 

of this AD, update the GTS processor 

software to a version that is not 3.13 or 

earlier. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Wichita ACO 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 office, send it to the attention of 

the person identified in Related Information. 

(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. 

(h) Related Information 

(1) For more information about this AD, 

contact Paul Rau, Aviation Safety Engineer, 

Wichita ACO Branch, FAA, 1801 Airport 

Road, Wichita, KS 67209; phone: (316) 946– 

4149; fax: 316–946–4107; email: paul.rau@

faa.gov or Wichita-COS@faa.gov. 

(2) For service information that is relevant 

to this AD, contact Garmin International, 

Garmin Aviation Support, 1200 E 151st 

Street, Olathe, KS 66062; phone: (866) 739– 

5687; website: https://fly.garmin.com/flygarmin/support/. 


jbell on DSKJLSW7X2PROD with PROPOSALS
80698 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Proposed Rules 

Issued on December 7, 2020. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2020–27324 Filed 12–11–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

20 CFR Part 702 

RIN 1240–AA13 

Longshore and Harbor Workers’ 

Compensation Act: Electronic Filing, 

Settlement, and Civil Money Penalty 

Procedures 

AGENCY: Office of Workers’ 

Compensation Programs, Labor. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: The Office of Workers’ 

Compensation Programs (OWCP) 

administers the Longshore and Harbor 

Workers’ Compensation Act and its 

extensions. To improve program 

administration, OWCP proposes to 

amend its existing regulations to require 

parties to file documents electronically, 

unless otherwise provided by statute or 

allowed by OWCP, and to streamline the 

settlement process. Additionally, to 

promote accountability and ensure 

fairness, OWCP proposes new rules for 

imposing and reviewing civil money 

penalties prescribed by the Longshore 

Act. The new rules will set forth the 

procedures to contest OWCP’s penalty 

determinations. 

DATES: The Department invites written 

comments on the proposed regulations 

from interested parties. Written 

comments must be received by February 

12, 2021. 

ADDRESSES: You may submit written 

comments, identified by RIN number 

1240–AA13, by any of the following 

methods. To facilitate the receipt and 

processing of comments, OWCP 

encourages interested parties to submit 

such comments electronically. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

• Regular Mail or Hand Delivery/ 

Courier: Submit comments on paper to 

the Division of Longshore and Harbor 

Workers’ Compensation, Office of 

Workers’ Compensation Programs, U.S. 

Department of Labor, Room S–3229, 200 

Constitution Avenue NW, Washington, 

DC 20210. The Department’s receipt of 

U.S. mail may be significantly delayed 

due to security procedures. You must 

take this into consideration when 

preparing to meet the deadline for 

submitting comments. 

Instructions: All submissions received 

must include the agency name and the 

Regulatory Information Number (RIN) 

for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Antonio Rios, Director, Division of 

Longshore and Harbor Workers’ 

Compensation, Office of Workers’ 

Compensation Programs, (202)–693– 

0040, rios.antonio@dol.gov. TTY/TDD 

callers may dial toll free 1–877–889– 

5627 for further information. 

SUPPLEMENTARY INFORMATION: 

I. Background of This Rulemaking 

The Longshore and Harbor Workers’ 

Compensation Act (LHWCA or Act), 33 

U.S.C. 901–50, establishes a 

comprehensive federal workers’ 

compensation system for an employee’s 

disability or death arising in the course 

of covered maritime employment. 

Metro. Stevedore Co. v. Rambo, 515 U.S. 

291, 294 (1995). The Act’s provisions 

have been extended to (1) contractors 

working on military bases or U.S. 

government contracts outside the 

United States (Defense Base Act, 42 

U.S.C. 1651–54); (2) employees of 

nonappropriated fund instrumentalities 

(Nonappropriated Fund 

Instrumentalities Act, 5 U.S.C. 8171– 

73); (3) employees engaged in 

operations that extract natural resources 

from the outer continental shelf (Outer 

Continental Shelf Lands Act, 43 U.S.C. 

1333(b)); and (4) private employees in 

the District of Columbia injured prior to 

July 26, 1982 (District of Columbia 

Workers’ Compensation Act of May 17, 

1928, Public Law 70–419 (formerly 

codified at 36 D.C. Code 501 et seq. 

(1973) (repealed 1979)). Consequently, 

the Act and its extensions cover a broad 

range of claims for injuries that occur 

throughout the United States and 

around the world. 

OWCP’s sound administration of 

these programs involves periodic 

reexamination of the procedures used 

for claims processing and related issues. 

OWCP has identified three areas where 

improvements can be made. The first is 

expanding electronic filing and 

requiring private parties to transmit all 

documents and information to OWCP 

electronically, except when the 

individual does not have a computer, 

lacks access to the internet, or lacks the 

ability to utilize the internet. Receiving 

documents and information in 

electronic form speeds claims 

administration and simplifies 

recordkeeping requirements. The 

second is streamlining settlement 

procedures. This too should speed the 

settlement-approval process and lessen 

the parties’ burdens to submit multiple 

documents to have a settlement 

considered. Finally, OWCP is updating 

its existing penalty regulations and 

filling a gap by proposing a procedural 

scheme for employers to challenge 

penalties assessed against them. These 

rules will better apprise employers of 

their obligations and give them a clear 

path to exercise their rights to challenge 

any penalty imposed by OWCP. 

On April 28, 2020, OWCP hosted a 

public outreach webinar to solicit 

stakeholders’ views on how OWCP 

could improve its processes in the three 

areas covered in this rulemaking. See 

E.O. 13563, sec. 2(c) (January 18, 2011) 

(requiring public consultation prior to 

issuing a proposed regulation). OWCP 

has considered the feedback received 

during that session in developing the 

proposed rules. 

This rule is not an Executive Order 

13771 regulatory action because it is not 

significant under Executive Order 

12866. 

II. Direct Final Rulemaking 

In addition to this Notice of Proposed 

Rulemaking (NPRM), OWCP is 

concurrently publishing a companion 

direct final rule (DFR) elsewhere in this 

issue of the Federal Register. In direct 

final rulemaking, an agency publishes a 

DFR in the Federal Register with a 

statement that the rule will go into effect 

unless the agency receives significant 

adverse comment within a specified 

period. The agency concurrently 

publishes an identical proposed rule. If 

the agency receives no significant 

adverse comment in response to the 

DFR, the rule goes into effect. If the 

agency receives significant adverse 

comment, the agency withdraws the 

DFR and treats such comment as 

submissions on the proposed rule. An 

agency typically uses direct final 

rulemaking when it anticipates the rule 

will be non-controversial. 

By simultaneously publishing this 

NPRM with a DFR, notice-and-comment 

rulemaking will be expedited if OWCP 

receives significant adverse comment 

and withdraws the DFR. The proposed 

and direct final rules are substantively 

identical, and their respective comment 


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