81 FR 72552 - Airworthiness Directives; NavWorx, Inc. Automatic Dependent Surveillance Broadcast Universal Access Transceiver Units
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 203 (October 20, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 203 (October 20, 2016)
| Page Range | 72552-72554 | |
| FR Document | 2016-25255 |
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)] [Proposed Rules] [Pages 72552-72554] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25255] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9226; Directorate Identifier 2016-SW-065-AD] RIN 2120-AA64 Airworthiness Directives; NavWorx, Inc. Automatic Dependent Surveillance Broadcast Universal Access Transceiver Units AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for NavWorx, Inc. (NavWorx) Automatic Dependent Surveillance Broadcast (ADS-B) Universal Access Transceiver Units (unit). This proposed AD would require removing the ADS-B unit and would prohibit installing the affected unit on any aircraft. This proposed AD is prompted by a design change for the unit to broadcast a Source Integrity Level (SIL) of 3 when the uncertified internal global positioning system (GPS) source necessitates a SIL of 0. The proposed actions are intended to prevent an ADS-B unit from [[Page 72553]] communicating unreliable position information to Air Traffic Control (ATC) and nearby aircraft, resulting in a potential aircraft collision. DATES: We must receive comments on this proposed AD by December 19, 2016. ADDRESSES: You may send comments by any of the following methods:Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically. Fax: 202-493-2251. Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: Deliver to the ``Mail'' address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016- 9226; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Kyle Cobble, Aviation Safety Engineer, Fort Worth Aircraft Certification Office, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177, telephone (817) 222-5172, email [email protected]; or Michael Heusser, Program Manager, Continued Operational Safety Branch, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177, telephone (817) 222-5038, email [email protected]. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive. Discussion NavWorx produces ADS-B units under Technical Standard Order (TSO) C-154c. NavWorx has implemented a design change by revising its software for ADS-B units, Model ADS600-B part number (P/N) 200-0012 and 200-0013 and Model ADS600-EXP P/N 200-8013. The design of the units includes an internal uncertified GPS source. ADS-B units with an uncertified GPS source are required to broadcast a SIL of 0. The software revision (version 4.0.6) resulted in the units broadcasting a SIL of 3. This design change was not approved by the FAA and rendered the units noncompliant with TSO-C154c. Because the ADS-B unit incorrectly broadcasts a SIL of 3 instead of 0, the unit could communicate unreliable position information to ATC and nearby aircraft, resulting in an aircraft collision. NavWorx ADS-B units with P/N 200-0112 and 200-0113 are TSO-C154c compliant and are not the subject of this proposed AD. FAA's Determination We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of this same type design. Proposed AD Requirements This proposed AD would require removing the ADS-B unit before further flight and would also prohibit installing the affected ADS-B unit on any aircraft. Costs of Compliance We estimate that this proposed AD would affect approximately 800 ADS-B units installed on various aircraft of U.S. registry. Operators may incur the following costs in order to comply with this proposed AD. The average labor rate is $85 per work-hour and removing the ADS-B unit, if required, would take about 1 work-hour, for a total of $85 per aircraft. 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. We are 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 We 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, I certify this proposed regulation: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and 4. 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. We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. 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, [[Page 72554]] the FAA proposes to amend 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 (AD): NavWorx, Inc.: Docket No. FAA-2016-9226; Directorate Identifier 2016-SW-065-AD. (a) Applicability This AD applies to the following NavWorx, Inc., Automatic Dependent Surveillance-Broadcast (ADS-B) Universal Access Transceiver units (unit) installed on aircraft certificated in any category: (1) Model ADS600-B part number (P/N) 200-0012; (2) Model ADS600-B P/N 200-0013; and (3) Model ADS600-EXP P/N 200-8013. (b) Unsafe Condition This AD defines the unsafe condition as an ADS-B unit incorrectly broadcasting a Source Integrity Level of 3 instead of 0. This condition could result in the unit communicating unreliable position information to Air Traffic Control and nearby aircraft and a subsequent aircraft collision. (c) Comments Due Date We must receive comments by December 19, 2016. (d) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. (e) Required Actions (1) Before further flight, remove the ADS-B unit. (2) After the effective date of this AD, do not install any ADS- B unit that is listed in the applicability of this AD on any aircraft. (f) Alternative Methods of Compliance (AMOC) (1) The Manager, Fort Worth Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Kyle Cobble, Aviation Safety Engineer, Fort Worth Aircraft Certification Office, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177, telephone (817) 222-5172, email [email protected]; or Michael Heusser, Program Manager, Continued Operational Safety Branch, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177, telephone (817) 222-5038, email [email protected]. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC. (g) Subject Joint Aircraft Service Component (JASC) Code: 3452, ATC Transponder System. Issued in Fort Worth, Texas, on October 11, 2016. Lance T. Gant, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2016-25255 Filed 10-19-16; 8:45 am] BILLING CODE 4910-13-P
![72552 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Proposed Rules
Appendix C to Part 5—DHS Systems of tamper with witnesses or evidence, and to preclude DHS agents from using their
Records Exempt From the Privacy Act avoid detection or apprehension. investigative training and exercise of good
Amendment of the records could interfere judgment to both conduct and report on
* * * * * with ongoing investigations and law investigations.
74. The DHS/CBP–023 Border Patrol enforcement activities and would impose an (h) From subsection (e)(8) (Notice on
Enforcement Records (BPER) System of impossible administrative burden by Individuals) because compliance would
Records consists of electronic and paper requiring investigations to be continuously interfere with DHS’s ability to obtain, serve,
records and will be used by DHS and its reinvestigated. In addition, permitting access and issue subpoenas, warrants, and other law
components. The DHS/CBP–023 Border and amendment to such information could enforcement mechanisms that may be filed
Patrol Enforcement Records System of disclose security-sensitive information that under seal, and could result in disclosure of
Records is a repository of information held could be detrimental to homeland security. investigative techniques, procedures, and
by DHS in connection with its several and (c) From subsection (e)(1) (Relevancy and evidence.
varied missions and functions, including, but Necessity of Information) because in the (i) From subsection (g) to the extent that
not limited to the enforcement of civil and course of investigations into potential the system is exempt from other specific
criminal laws; investigations, inquiries, and violations of Federal law, the accuracy of subsections of the Privacy Act relating to
proceedings there under; and national information obtained or introduced individuals’ rights to access and amend their
security and intelligence activities. The DHS/ occasionally may be unclear or the records contained in the system. Therefore
CBP–023 Border Patrol Enforcement Records information may not be strictly relevant or DHS is not required to establish rules or
System of Records contains information that necessary to a specific investigation. In the procedures pursuant to which individuals
is collected by, on behalf of, in support of, interests of effective law enforcement, it is may seek a civil remedy for the agency’s:
or in cooperation with DHS and its appropriate to retain all information that may Refusal to amend a record; refusal to comply
components and may contain personally aid in establishing patterns of unlawful with a request for access to records; failure
identifiable information collected by other activity. to maintain accurate, relevant, timely, and
federal, state, local, tribal, foreign, or (d) From subsection (e)(2) (Collection of complete records; or failure to otherwise
international government agencies. The Information from Individuals) because comply with an individual’s right to access
Secretary of Homeland Security, pursuant to requiring that information be collected from or amend records.
5 U.S.C. 552a(j)(2), has exempted this system the subject of an investigation would alert the
Dated: October 5, 2016.
from the following provisions of the Privacy subject to the nature or existence of an
Act: 5 U.S.C. 552a (c)(3), (c)(4); (d); (e)(1), investigation, thereby interfering with the
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); related investigation and law enforcement Jonathan R. Cantor,
and (g). Additionally, the Secretary of activities. Acting Chief Privacy Officer, Department of
Homeland Security, pursuant to 5 U.S.C. (e) From subsection (e)(3) (Notice to Homeland Security.
552a(k)(2), has exempted this system from Subjects) because providing such detailed [FR Doc. 2016–25209 Filed 10–19–16; 8:45 am]
the following provisions of the Privacy Act: information would impede law enforcement
BILLING CODE 9111–14–P
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), and in that it could compromise investigations
(e)(4)(H). When records received from by: Revealing the existence of an otherwise
another system have been exempted in that confidential investigation and thereby
source system under 5 U.S.C. 552a(j)(2), DHS provide an opportunity for the subject of an DEPARTMENT OF TRANSPORTATION
will claim the same exemptions for those investigation to conceal evidence, alter
records that are claimed for the original patterns of behavior, or take other actions Federal Aviation Administration
primary systems of records from which they that could thwart investigative efforts; reveal
originated, and claims any additional the identity of witnesses in investigations, 14 CFR Part 39
exemptions set forth here. Exemptions from thereby providing an opportunity for the
these particular subsections are justified, on subjects of the investigations or others to [Docket No. FAA–2016–9226; Directorate
a case-by-case basis to be determined at the harass, intimidate, or otherwise interfere Identifier 2016–SW–065–AD]
time a request is made, for the following with the collection of evidence or other
reasons: information from such witnesses; or reveal RIN 2120–AA64
(a) From subsection (c)(3) and (4) the identity of confidential informants,
(Accounting for Disclosures) because release which would negatively affect the Airworthiness Directives; NavWorx,
of the accounting of disclosures could alert informant’s usefulness in any ongoing or Inc. Automatic Dependent Surveillance
the subject of an investigation of an actual or future investigations and discourage Broadcast Universal Access
potential criminal, civil, or regulatory members of the public from cooperating as Transceiver Units
violation to the existence of the investigation, confidential informants in any future
and reveal investigative interest on the part investigations. AGENCY: Federal Aviation
of DHS as well as the recipient agency. (f) From subsections (e)(4)(G) and (H) Administration (FAA), DOT.
Disclosure of the accounting would therefore (Agency Requirements) because portions of ACTION: Notice of proposed rulemaking
present a serious impediment to law this system are exempt from the individual (NPRM).
enforcement efforts and/or efforts to preserve access provisions of subsection (d) for the
national security. Disclosure of the reasons noted above, and therefore DHS is SUMMARY: We propose to adopt a new
accounting would also permit the individual not required to establish requirements, rules,
airworthiness directive (AD) for
who is the subject of a record to impede the or procedures with respect to such access.
investigation, to tamper with witnesses or Providing notice to individuals with respect NavWorx, Inc. (NavWorx) Automatic
evidence, and to avoid detection or to existence of records pertaining to them in Dependent Surveillance Broadcast
apprehension, which would undermine the the system of records or otherwise (ADS–B) Universal Access Transceiver
entire investigative process. establishing procedures pursuant to which Units (unit). This proposed AD would
(b) From subsection (d) (Access and individuals may access and view records require removing the ADS–B unit and
Amendment to Records) because access to pertaining to themselves in the system would would prohibit installing the affected
mstockstill on DSK3G9T082PROD with PROPOSALS
the records contained in this system of undermine investigative efforts and reveal unit on any aircraft. This proposed AD
records could inform the subject of an the identities of witnesses, and potential is prompted by a design change for the
investigation of an actual or potential witnesses, and confidential informants.
unit to broadcast a Source Integrity
criminal, civil, or regulatory violation, to the (g) From subsection (e)(5) (Collection of
existence of the investigation, and reveal Information) because in the collection of Level (SIL) of 3 when the uncertified
investigative interest on the part of DHS or information for law enforcement purposes it internal global positioning system (GPS)
another agency. Access to the records could is impossible to determine in advance what source necessitates a SIL of 0. The
permit the individual who is the subject of information is accurate, relevant, timely, and proposed actions are intended to
a record to impede the investigation, to complete. Compliance with (e)(5) would prevent an ADS–B unit from
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![72554 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Proposed Rules
the FAA proposes to amend 14 CFR part certificate holding district office before DATES: We must receive comments on
39 as follows: operating any aircraft complying with this this proposed AD by December 5, 2016.
AD through an AMOC.
ADDRESSES: You may send comments,
PART 39—AIRWORTHINESS (g) Subject using the procedures found in 14 CFR
DIRECTIVES 11.43 and 11.45, by any of the following
Joint Aircraft Service Component (JASC)
■ 1. The authority citation for part 39 Code: 3452, ATC Transponder System. methods:
continues to read as follows: Issued in Fort Worth, Texas, on October 11, • Federal eRulemaking Portal: Go to
2016. http://www.regulations.gov. Follow the
Authority: 49 U.S.C. 106(g), 40113, 44701. instructions for submitting comments.
Lance T. Gant,
§ 39.13 [Amended] • Fax: 202–493–2251.
Manager, Rotorcraft Directorate, Aircraft
■ 2. The FAA amends § 39.13 by adding Certification Service. • Mail: U.S. Department of
the following new airworthiness Transportation, Docket Operations, M–
[FR Doc. 2016–25255 Filed 10–19–16; 8:45 am]
directive (AD): 30, West Building Ground Floor, Room
BILLING CODE 4910–13–P
W12–140, 1200 New Jersey Avenue SE.,
NavWorx, Inc.: Docket No. FAA–2016–9226; Washington, DC 20590.
Directorate Identifier 2016–SW–065–AD. • Hand Delivery: Deliver to Mail
DEPARTMENT OF TRANSPORTATION
(a) Applicability address above between 9 a.m. and 5
This AD applies to the following NavWorx, Federal Aviation Administration p.m., Monday through Friday, except
Inc., Automatic Dependent Surveillance- Federal holidays.
Broadcast (ADS–B) Universal Access 14 CFR Part 39 For service information identified in
Transceiver units (unit) installed on aircraft this NPRM, contact Boeing Commercial
certificated in any category: [Docket No. FAA–2016–9188; Directorate Airplanes, Attention: Data & Services
(1) Model ADS600–B part number (P/N) Identifier 2016–NM–102–AD] Management, P.O. Box 3707, MC 2H–65,
200–0012; Seattle, WA 98124–2207; telephone
(2) Model ADS600–B P/N 200–0013; and RIN 2120–AA64
(3) Model ADS600–EXP P/N 200–8013.
206–544–5000, extension 1; fax 206–
766–5680; Internet https://
(b) Unsafe Condition Airworthiness Directives; The Boeing www.myboeingfleet.com. You may view
This AD defines the unsafe condition as an
Company Airplanes this referenced service information at
ADS–B unit incorrectly broadcasting a AGENCY: Federal Aviation the FAA, Transport Airplane
Source Integrity Level of 3 instead of 0. This Administration (FAA), DOT. Directorate, 1601 Lind Avenue SW.,
condition could result in the unit Renton, WA. For information on the
communicating unreliable position ACTION: Notice of proposed rulemaking
(NPRM). availability of this material at the FAA,
information to Air Traffic Control and nearby
aircraft and a subsequent aircraft collision.
call 425–227–1221. It is also available
SUMMARY: We propose to supersede on the internet at http://
(c) Comments Due Date Airworthiness Directive (AD) 2007–26– www.regulations.gov by searching for
We must receive comments by December 04, which applies to certain Boeing and locating Docket No. FAA–2016–
19, 2016. Model 737–100, –200, –200C, –300, 9188.
(d) Compliance –400, and –500 series airplanes. AD Examining the AD Docket
You are responsible for performing each
2007–26–04 currently requires
repetitive inspections for cracking You may examine the AD docket on
action required by this AD within the
specified compliance time unless it has around the heads of the fasteners on the the Internet at http://
already been accomplished prior to that time. forward fastener row of certain areas of www.regulations.gov by searching for
a certain circumferential butt splice, and and locating Docket No. FAA–2016–
(e) Required Actions 9188; or in person at the Docket
repair if necessary; and also requires a
(1) Before further flight, remove the ADS– preventive modification, which Management Facility between 9 a.m.
B unit. eliminates the need for the repetitive and 5 p.m., Monday through Friday,
(2) After the effective date of this AD, do except Federal holidays. The AD docket
not install any ADS–B unit that is listed in
inspections. Since we issued AD 2007–
26–04, an evaluation by the design contains this proposed AD, the
the applicability of this AD on any aircraft.
approval holder (DAH) indicating that regulatory evaluation, any comments
(f) Alternative Methods of Compliance the forward skin panel at a received, and other information. The
(AMOC) circumferential butt splice between street address for the Docket Office
(1) The Manager, Fort Worth Aircraft certain stringers is subject to (phone: 800–647–5527) is in the
Certification Office, FAA, may approve widespread fatigue damage (WFD). This ADDRESSES section. Comments will be
AMOCs for this AD. Send your proposal to: proposed AD would remove the available in the AD docket shortly after
Kyle Cobble, Aviation Safety Engineer, Fort receipt.
Worth Aircraft Certification Office, Rotorcraft
mandatory modification. It would add
Directorate, FAA, 10101 Hillwood Pkwy., repetitive inspections of the skin for FOR FURTHER INFORMATION CONTACT:
Fort Worth, TX 76177, telephone (817) 222– cracking at the aft fastener column and Wade Sullivan, Aerospace Engineer,
5172, email kyle.cobble@faa.gov; or Michael a one-time inspection for defects of the Airframe Branch, ANM–120S, FAA,
Heusser, Program Manager, Continued production countersunk rivets, and Seattle Aircraft Certification Office
Operational Safety Branch, Rotorcraft require corrective actions if necessary. It (ACO), 1601 Lind Avenue SW., Renton,
mstockstill on DSK3G9T082PROD with PROPOSALS
Directorate, FAA, 10101 Hillwood Pkwy., would also add an optional skin trim- WA 98057–3356; phone: 425–917–6430;
Fort Worth, TX 76177, telephone (817) 222– out repair, which would terminate fax: 425–917–6590; email:
5038, email michael.a.heusser@faa.gov. certain inspections. We are proposing wade.sullivan@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
this AD to prevent cracking of the SUPPLEMENTARY INFORMATION:
14 CFR part 91, subpart K, we suggest that station (STA) 259.5 circumferential butt
splice, which could result in loss of Comments Invited
you notify your principal inspector, or
lacking a principal inspector, the manager of structural integrity of the fuselage skin We invite you to send any written
the local flight standards district office or and possible loss of cabin pressure. relevant data, views, or arguments about
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Document Created: 2016-10-21 09:59:01
Document Modified: 2016-10-21 09:59:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by December 19, 2016. | |
| Contact | Kyle Cobble, Aviation Safety Engineer, Fort Worth Aircraft Certification Office, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177, telephone (817) 222-5172, email [email protected]; or Michael Heusser, Program Manager, Continued Operational Safety Branch, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177, telephone (817) 222-5038, email [email protected] | |
| FR Citation | 81 FR 72552 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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