[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]


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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; 
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.

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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:
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#0f6c60617b66617a6a6b216e667d78607d7b6766616a7c7c4f7b676e636a7c687d607a7f216c6062"><span class="__cf_email__" data-cfemail="0d6e6263796463786869236c647f7a627f79656463687e7e4d79656c61687e6a7f62787d236e6260">[email protected]</span></a>.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#ac9581edfaff81ede5fe81eeedefe381efe3ffeccacdcd82cbc3da"><span class="__cf_email__" data-cfemail="172e3a5641443a565e453a555654583a5458445771767639707861">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#af9682eef9fc82eee6fd82edeeece082ece0fcefc9cece81c8c0d9"><span class="__cf_email__" data-cfemail="e6dfcba7b0b5cba7afb4cba4a7a5a9cba5a9b5a6808787c8818990">[email protected]</span></a>.

(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: 
<a href="/cdn-cgi/l/email-protection#17747879637e7962727339767e65607865637f7e7972646457637f767b726470657862673974787a"><span class="__cf_email__" data-cfemail="46252928322f2833232268272f34312934322e2f2823353506322e272a233521342933366825292b">[email protected]</span></a>.
    (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 <a href="/cdn-cgi/l/email-protection#6402164a0d0a17140107100d0b0a240a0516054a030b12"><span class="__cf_email__" data-cfemail="a0c6d28ec9ced3d0c5c3d4c9cfcee0cec1d2c18ec7cfd6">[email protected]</span></a>.

    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


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