Enhanced Flight Vision Systems

Supplementary comment on [Docket No. FAA-2005-22053; Directorate Identifier 2004-NM-74-AD; Amendment 39-14449; AD 2006-01-10] RIN 2120-AA64 The FAA has responded to our suggestions and requests as follows: Request To Identify Certain Part Numbers One commenter requests that the parts to be installed be identified in the proposed AD by manufacturer or part number. The commenter assumes that specific part numbers are identified in the referenced service information; however, since such information is not generally available to the public, it is not possible for the commenter to determine precisely which relays are to be installed. The same commenter also requests that the proposed AD provide for the possible existence of approved PMA parts by appending the phrase ``or FAA-approved equivalent part number'' to the part number of the part required to be installed. The commenter states that because it cannot determine which relays are to be installed, it is unable to identify if any possible alternatives approved under section 21.303 of the Federal Aviation Regulations (14 CFR 21.303) exist. The commenter notes that airframe manufacturers, particularly foreign-based manufacturers, do not consider the impact of 14 CFR 21.303 in the creation of their service bulletins. Therefore, service documents can, and often do, create conditions that ``seek to contravene existing law'' by mandating the installation of a certain part-numbered part to the exclusion of all other parts that may now or in the future exist as FAA-approved alternatives. We do not concur with the commenter's requests. Accomplishing the requirements of this AD involves installing two-stage relays in the electronics rack (90VU). Part numbers associated with accomplishing the installation are listed in the service bulletins referenced in this AD as the appropriate sources of service information. We find that it is impractical for us to list these numerous part numbers in the AD. However, the commenter's remarks are timely in that the Transport Airplane Directorate currently is in the process of reviewing the issue of addressing PMA parts in ADs as that issue applies to transport category airplanes. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our policy needs to be revised. We consider that to delay this AD action would be inappropriate, since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. Therefore, no change has been made to the AD in this regard. Issue No. 1 – Publication of affected part numbers Service documents issued by type certificate holders are proprietary instruments subject to copyright and not generally available to the public. However, when one of these documents is incorporated by reference into a public document it loses its protected status. The owner of the copyright either explicitly or by silence implicitly agrees to surrender its copyrights in such publication. Therefore, there is no legal barrier to the FAA publishing the manufacturer's service documents concurrently with the airworthiness directive. Incorporation by reference in the Federal Register requires the FAA to furnish to the Federal Register a paper copy of the document to be incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. It would impose no additional burden on the FAA to scan the service document or at least the applicable part numbers into the now ubiquitous Adobe pdf format and publish them along with the airworthiness directive. The Federal Register itself is published online in this format. We believe the reasons set forth for justification of the incorporation by reference of aviation service bulletins into airworthiness directives to now have become obsolete by technology and the emergence of additional classes of affected persons. We have repeatedly made and will continue to m…