BAE Systems (Operations) Limited Model BAe 146 Airplanes and Model Avro 146-RJ Airplanes - 2005-NM-212-AD

Comnment on [Docket No. FAA-2005-23215; Directorate Identifier 2005-NM-212-AD]RIN 2120-AA64 This proposed action results from a similar action issued by the CAA of Britain and requires replacement of certain bearings in the elevator control system pursuant to certain manufacturer service documents. Service documents are proprietary instruments that enjoy copyright protection against duplication and distribution. If the document is incorporated by reference into a public document such as an airworthiness directive then the proprietary document loses its protected status and becomes itself a public document. Incorporation by reference requires that a copy of the document be furnished to the Director of the Federal Register before the proposed action will be published. Merely referencing a service document without incorporation thus becomes an "end run" around the publication requirement while still requiring possession of a proprietary document in order to comply with the law. We believe such a tactic to be flawed legally and request the following: 1. That the required service document be published concurrently with the airworthiness directive thereby apprising all segments of the industry as to the requirements, or 2. Alternatively, that the service document be incorporated by reference into the proposed action. The proposed action requires repetitive replacement of certain bearings that are not identified in the public document. There is thus no practical method of determining if alternatively FAA approved parts (See CFR 14 § 21.303) exist that may be used in place of those specified by the airframe manufacturer. We therefore request that the bearings mandated to be replaced be identified by manufacturer and part number in the public document. Modification and Replacement Parts Association Jack Buster AD Committee