Bombardier Model CL-600-2B19

Filed on regulations.gov — full text not in the inline record.

Comment on Docket No. FAA-2005-22481; Directorate Identifier 2004-NM-176-AD RIN 2120-AA64 Paragraph (h) of the subject action requires that flap actuators be replaced in accordance with a manufacturer service bulletin. Service bulletins are proprietary documents and generally available only to aircraft owners and/or operators. When a service document is incorporated by reference into an airworthiness directive it loses its copyright status and becomes a part of the public document. It is a closer call on those service documents not incorporated by reference, but still required in order to meet the requirements of the regulatory action. In either case, service documents are difficult to obtain for interested parties other than aircraft owners and operators. It is therefore not possible without reference to the service bulletin to determine precisely the identify of the actuators to be replaced. Nor can one discern whether the original actuators are being replaced with "new and improved" actuators. Manufacturer service documents specify exclusively original equipment parts. (We have never seen any service document that even acknowledges the existence of alternatively approved parts.) Therefore, we assume the service bulletin requires installation of OEM parts to the exclusion of other parts approved under 14 CFR § 21.303 (PMA). The proposed action is therefore in seeming conflict with the existing CFR. We note that there are at least 27 alternatively approved flap actuators eligible for installation on the specified aircraft. (See attachments) For the above reasons, this commenter, MARPA (Modification and Replacement Parts Association) requests the following: 1. That the language in paragraph (h) be expanded to clarify its intent to non holders of the manufacturer service bulletin. If certain part numbered parts are now deemed to be not airworthy we request they be identified in the proposed action by part number. Further, if this is the case, the language should be expanded to embrace any alternatively approved (PMA) parts approved with the same design data (identicality) as the defective parts. Following these suggestions will assist parts sellers and MRO's to assist is removing these items from the supply stream and PMA parts producers to be apprised of the defects. 2. That any "new and improved" parts cited in the service bulletin to be installed be designated by part number with the qualifying phrase "or other FAA-approved equivalent part." be appended to the list of approved part numbers. Jack Buster AD Committee