[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Proposed Rules]
[Pages 72552-72554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25255]


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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).

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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