Rule2023-24564
Airworthiness Directives; Thales AVS France SAS Flight Management Computer Navigation Modules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 7, 2023
Effective
December 12, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 214 (Tuesday, November 7, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://regulations.gov">regulations.gov</a> 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
<a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Revise AFM and update navigation 2 work-hours x $85 per $0 $170 $0
database. 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.
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]
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Limitation No. Limitation/instruction
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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.
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Table 2 to the Introductory Text of Paragraph (g)(1)--FMS User Manual
Limitations
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Limitation No. FMS user manual limitations
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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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> 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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