2006-NM-079-AD

Comment on [Docket No. FAA-2006-25001; Directorate Identifier 2006-NM-079-AD] RIN 2120-AA64 This proposed action requires replacement of certain defective Aero/Fire Seals with "new and improved" fire seals pursuant to a Boeing service document. The Modification and Replacement Parts Association (MARPA) submits the following comments with respect to this proposed action: 1) The document containing specific identification of the defective parts and acceptable replacements is a privately created, copyrighted document not readily available to the general public. Boeing provides service documents to aircraft owners, but MARPA, MRO's and parts purveyors or repairers do not qualify to receive these bulletins. The document is not included by reference into the proposed action and thus retains its full copyright protections against duplication and distribution. Because the proposed action requires possession of this document in order to determine applicability and to discover acceptable compliance actions we believe the proposed action, as presently written, is not enforceable because public laws must be, by definition, public. We therefore request that the applicable service information be incorporated by reference into the proposed airworthiness directive and published on the DMS for access by all concerned and affected parties. 2) We have identified 44 fire seals among MARPA's PMA database that may be involved in this action either as replacements for the seals now determined to be defective or for the "new and improved" parts alluded to in the applicable service document. We suspect that the service document may identify certain OEM seals by part numbers generated either by the seal manufacturer or Boeing only. If an operator has installed a seal approved under CFR 14 § 21.303 (PMA) and that seal carries a part number different from that mentioned in the Boeing service document the possibility exists that such seals may also be defective yet legally continue in operation thereby compromising air safety. Therefore, without suggesting any particular method, we request the Transport Airplane Directorate (TAD) determine and adopt a policy that apprises the general public of precisely what parts are defective so that all may strive to insure that all defective parts, be they OEM, PMA or repair station manufactured pursuant to FAA Order 8000.50, are removed from the parts stream. 3) We have in the past suggested and continue to believe that the requirement to install a particular part numbered part to the exclusion of all other parts is in conflict with 21.303. We suspect the relevant service information in this action prescribes such an action. TAD has generally responded to our requests by denial flatly stating the opposite, that the requirement to install a particular part is mandated by safety and not a regulatory conflict. We disagree. All persons are entitled under 14 CFR § 21.303 to develop, have certified and market alternative aircraft parts. Further, all persons are entitled to equal protection of the law under the 14th Amendment to the U.S. Constitution. Any legal requirement that forecloses opportunities provided under 21.303 thereby providing economic preference between manufacturers violates, in our opinion, both. There is no safety benefit to be gained by a blanket prohibition against the use or development of any alternative part simply because an OEM part has been found to be defective. Such an action is tantamount to declaring that all PMA parts are inherently defective and may not be used without a specific approval such as an AMOC. We believe that to be effective, a prohibition has to be against a specific part or a specific manufacturer and that prohibition must be based on demonstrated safety issues pursuant to 49 USC 106 which restricts all regulations promulgated under this statute solely to safety matters. We also note that the Engine Directorate and the Small Airplane Directorate apparently agree…