Airbus Model A321 Airplanes

Comment on [Docket No. FAA-2006-25060; Directorate Identifier 2006-NM-119-AD] RIN 2120-AA64 This proposed action, in paragraph (e), requires work to be accomplished as specified in a particular Airbus service bulletin. Manufacturer service documents are privately authored instruments generally enjoying copyright protection against duplication and distribution. When a service document is incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51into a public document such as an airworthiness directive it loses its private, protected status and becomes itself a public document. This proposed action cites two such service documents requiring that work be performed pursuant to one of these, but does not incorporate by reference that service document. Therefore, the rule, as proposed attempts to require compliance with a public law by reference to a private writing. We believe that public laws by definition should be public and therefore request that the Airbus service bulletin be incorporated by reference into the proposed rule. We also believe that incorporated by reference service documents should be made available to the public by publication in either the Federal Register or the Document Management System (DMS) keyed to the action that incorporates them. The stated purpose of the incorporation by reference method is brevity; to keep from expanding the Federal Register needlessly by publishing documents already in the hands of the affected individuals. Traditionally, "affected individuals" has meant aircraft owners and operators who are generally provided service information by the manufacturer. However, a new class of affected individuals has emerged since the majority of aircraft maintenance is now performed by specialty shops instead of aircraft owners and operators. This new class includes maintenance and repair organizations (MRO), component servicing and repair shops, parts purveyors and distributors and organizations manufacturing or servicing alternatively certified parts under 14 CFR § 21.303 (PMA). Further, the concept of brevity is now nearly archaic as documents exist more frequently in electronic format than in paper. We therefore request the Airbus service bulletin be published either in the Federal Register or the DMS. Paragraph g.(3) of the proposed action is, in our opinion, vague. Courts have universally held that requirements are unenforceable if they are too vague to convey to a reasonable person the specific acts that are required or proscribed by the rule. Jack Buster AD Committee Modification and Replacement Parts Association (MARPA)