2003-NM-283-AD

Comment on Docket No. FAA-2005-22505; Directorate Identifier 2003-NM-283-AD RIN 2120-AA64 We object to the inclusion of the phrase, "The use of non-TSO'd inexpensive building-type smoke detectors is permitted." We believe the above phrase to be in conflict with 14 CFR 21.303(a) and to establish a dangerous precedent that might form an avenue around compliance with 21.303 requirements in other instances. We note that some "inexpensive building-type smoke detectors" only detect smoke and are not temperature sensitive as required by TSO-C1c and TSO-C79. These building type smoke detectors operate by measuring the amount of light falling on a photo sensitive cell. When smoke is present between the light source and the cell the amount of light is reduced thereby causing the smoke detector to sound an alarm. These devices also typically are battery powered and the batteries themselves may not be approved for aircraft use. Lastly, there are no procedures mandated in the AD to ensure the inspection and replacement of batteries to ensure proper operation of the detectors. We also believe that 14 CFR 39 does not permit the modification of other parts of the CFR, such as 21.303, for economic or other seemingly quixotic rationale. Thus, it would appear the FAA does not possess the legal authority in Part 39 to waive other requirements of the CFR for reasons that do not contribute to continued airworthiness. For the above reasons MARPA (Modification and Replacement Parts Association) requests that the above phrase be eliminated and the proposed action require the use of only PMA or TSO approved items, including fire and smoke detectors, as an acceptable method of combi operation. Jack Buster AD Committee