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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1716; Project Identifier MCAI-2022-00168-Q]
RIN 2120-AA64
Airworthiness Directives; Thales AVS France SAS Flight Management
Computer Navigation Modules
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)
for certain Thales AVS France SAS (Thales) flight management computer
navigation modules (FMC2 NAVM) installed on, but not limited to,
airplanes. This AD was prompted by reports that, due to software
issues, certain FMC2 NAVM navigation modules provide erroneous data to
the flight management computer, compromising safe flight of the
airplane. This proposed AD would require revising the existing aircraft
flight manual (AFM) for your airplane and updating the navigation
database. This proposed AD would also prohibit installing a database
unless certain procedures were removed. The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by October 10,
2023.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1716; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this NPRM, contact
Thales AVS France SAS, 75-77 Avenue Marcel Dassault, 33700 Merignac,
France; phone: +33 7 86 33 59 20; email:
continued.airworthiness@thalesgroup.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110.
FOR FURTHER INFORMATION CONTACT: Nicholas Rediess, Aviation Safety
Engineer, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone:
(781) 238-7159; email: 9-AVS-AIR-BACO-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 ADDRESSES. Include ``Docket No. FAA-2023-1716; Project Identifier
MCAI-2022-00168-Q'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Nicholas Rediess, Aviation Safety Engineer, FAA, 1701 Columbia Avenue,
College Park, GA 30337. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2022-0024, dated February 4, 2022 (referred to after this as
``the MCAI''), to correct an unsafe condition for Thales FMC2 NAVM,
part number (P/N) C13084CA03, installed on, but not limited to Dassault
(formerly Br[eacute]guet) Br.1150 Atlantique 2 (ATL2) maritime patrol
airplanes. The MCAI states that Thales FMC2 NAVM, P/N C13084CA03,
provides erroneous guidance for navigation procedures of the flight
management system due to issues with the software. This condition, if
not addressed, could compromise the safety margins of the airplane. To
address the unsafe condition, the MCAI requires revising the AFM with
operational instructions for the affected airborne navigation
procedures of the AFM. The MCAI also requires updating the navigation
database software, and prohibits installing a database for the Thales
FMC2 NAVM, P/N C13084CA03, unless it does not include the procedures
specified in section II of Thales Service Information Letter F9111-
J70859DN-00, issued January 18, 2022 (Thales SIL F9111-J70859DN-00).
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1716.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Thales SIL F9111-J70859DN-00. This service
information specifies updating the Thales FMC2 NAVM, P/N C13084CA03,
navigation database.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information referenced above. The FAA is issuing
this AD after determining the unsafe condition is likely to exist or
develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require revising the existing AFM for your
airplane and updating the navigation database. This proposed AD would
also prohibit installing a database for the Thales FMC2 NAVM, P/N
C13084CA03, unless it does not include the procedures specified in
section II of Thales SIL F9111-J70859DN-00.
The owner/operator (pilot) holding at least a private pilot
certificate may perform the proposed incorporation of the operating
limitation into the existing AFM of your airplane, and the actions must
be entered into the aircraft records showing compliance with this AD in
accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417, 121.380, or 135.439. The
proposed incorporation of the operating limitation into the existing
AFM of your airplane is not considered a maintenance action and may be
done equally by a pilot or a mechanic. This is an exception to the
FAA's standard maintenance regulations.
Differences Between This Proposed AD and the MCAI
The MCAI applies to all Thales FMC2 NAVMs, P/N C13084CA03,
installed on, but not limited to Dassault (formerly Br[eacute]guet)
Br.1150 Atlantique 2 (ATL2) maritime patrol airplanes, and this
proposed AD would not apply to those airplanes because those airplanes
do not have an FAA type certificate. Currently, no airplanes on the
U.S. registry incorporate the navigation equipment affected by this AD.
Costs of Compliance
There are currently no affected airplanes on the U.S. registry with
a Thales FMC2 NAVM, P/N C13084CA03, installed. In the event a U.S.-
registered airplane would have this equipment installed, the following
is an estimate of the costs to comply with this proposed AD.
Estimated Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Revise AFM and update navigation
database |
2 work-hours x $85 per
hour = $170 |
$0
|
$170
|
$0
|
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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