Gulfstream Model GV-SP Series Airplanes - 2005-NM-219-AD

Comnment on [Docket No. FAA-2005-23249; Directorate Identifier 2005-NM-219-AD] RIN 2120-AA64 This proposed action requires replacement of certain anti-skid control units not specifically identified in the action, but mentioned on 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 when the intrinsic requirements of the regulatory action are impossible to perform without reference to the service document. We therefore request: 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. If the service documents are merely incorporated by reference rather than published, then we further request that the serial numbers of the affected units be published in the regulatory document. Without specific knowledge of the units deemed to be defective there is no way for parts purveyors or maintenance facilities to identify such units. Nor is there any way for the ever increasing alternative parts industry (See CFR 14 § 21.303) to evaluate the possibility of defective PMA parts that may be in the system. (There are many anti-skid components for these aircraft in the PMA database.) These determinations cannot be made without possession of copyrighted information contained in a manufacturer service bulletin which is effectively not available to the public. Modification and Replacement Parts Association Jack Buster AD Committee