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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,  in-
    stalled on,  but not limited to airplanes,  certificated  in any cate-
    gory.

(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 al-
    ready done.

(g) REQUIRED ACTIONS

(1) Within 30 days after the effective date of this AD, revise the Limita-
    tions 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 exist-
    ing AFM for your airplane satisfies the requirement of the introducto-
    ry 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 air-
     craft 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 re-
     quired by 14 CFR 91.417, 121.380, or 135.439.

(2) Within 30 days after the effective date of this AD,  update  the data-
    base 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 identi-
    fied in paragraph (i)(2) of this AD.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector,  or  lacking a principal inspector,  the manager 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: 9-AVS-AIR-BACO-COS@faa.gov.

(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 Prod-
    ucts 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 Admin-
    istration (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.

FOR FURTHER INFORMATION CONTACT:  Nicholas Rediess,  Aviation Safety Engi-
neer, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: (781) 238-
7159; email: 9-AVS-AIR-BACO-COS@faa.gov.

PREAMBLE

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
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-BACO-COS@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 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 Breguet)
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

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

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:

(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

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: