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]
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)
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
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,
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:
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.
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
The FAA received no comments on the NPRM or on the determination of
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,
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.
|Revise AFM and update navigation
||2 work-hours x $85 per hour =
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.
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
(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
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