----. Forwarded by Holly Thorson/ANM/FAA on 08/17/2010 01:41 PM

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From:

To: Cc:

031<.:: Subject:

Mr. Eakin, Iiolly ThorsonlANMIFAA

ANM-116, International Branch John Eakin <jeakin@airsafety.com> Ali BahramilANM/FAA@FAA,BobBrenemanlANM/FAA@FAA.Dionne Palcrmo/ANM/FAA@FAA,JeffDuven/ANM/FAA@FAA,Jeffrey WPalmer/ANM/FAA@FAA, Rose Opland/ANM/FAA@FAA, Scott Neumann/A WA/FAA@FAA, Douglas Anderson/ANM/FAA@FAA 08/17/201001:40 PM Rc: Fw: Docket FAA-2010-0761, Directorate ID2010-NM-069·AD

Our legal staff has provided the following additional informa,ion on this subject: Every NPRM contains the background explanation ofthe unsafe condition, a description ofthe referenced selVice information, a discussion ofthe content oftheproposed AD, economic impact information, and the actual textoftheproposed AD. Thisinformation provides thepublic with the sufficient information toprovide meaningful comments on the NPRM. Thisis demonstrated by the fact that formanyyears commenters have submitted meaningful comments onAD NPRMs containing this information. Providing copies ofthe referenced seNice information is notaprerequisite forcompliance with theAdministrative Procedure Act (APA), Because ofthe restrictions you mention onproviding such copies, wehave made them avaHable by the means described in each AD. AGe considers that this fully satisfies our legal obligations. Peryour request, we will post this entire email string in the public docket for this NPRM, Regards, Holly Thorson Manager, ANM-114 Airworthiness and Technical Communications Branch Transport Airplane Directorate ph: 425-227-1357 We value your feedback. Click here to send us your feedback.

John Eakin ---08/12/2010 01 :27:23 PM---Ms. Thorson, Thank you for the response- Iunderstand the situation, but the

From: John Eakin <jeakin@airsafety.com>To:

Cc:

Oate: Subj<,:cl:

Ms. Thorson, Holly ThorsonlANMlFAA@FAA

Ali BahramiJANM/FAA@FAA,JeffDuvenlANMIFAA@FAA, Dionne Palermo/ANMIFAA@FAA, Holly ThorsonlANMlFAA@FAA,Bob BrenemanlANMlFAA@FAA,JeffreyW Palmer/ANMlFAA@FAA,ScanNeumannlAWNFAA@FAA, Rose OplandlANM/FAA@FAA, timothy .p.dowl ing@boeing.com 

### 081121201001:27 PM Re: Fw: Docket FAA-201O-0761, Directorate ID201Q-NM-069-AD

Thank you for the response. I understand the situation, but the bottom line isthat the public is precluded from participation in the rulemaking process without access to the service information. You're making rules that only you, Boeing and people selected by Boeing know about. Of course, when the final rule is adopted the service information will be incorporated by reference and copyright restrictions will no longer apply_ Please register myobjection inthe docket to this proposed rulemaking by inserting this entire email chain in the public docket. The statement inthe proposed rule that the service information is available to the public is untrue and deceptive. This proposed rule should not be adopted until all service information is available either inthe proposed rule or public docket and the public has an opportunity to comment in accordance with the Administrative Procedure Act. Again, I understand the situation, but it isa problem of the FAA's making and aviolation ofthe law to proceed with this rulemaking action. Sincerely, John

At 02:55 PM 8/12/2010, Holly.Thorson@faa.govwrote: >Mr. Eakin, > >1understand your concerns regarding access toservice information >referenced in NPRMs. Unfortunately, as Sharon Kennedy explained, the FAA >can only make this information available at our office in Renton, >Washington due to copyright restrictions. > >There isan initiative underway to improve access toAD-related service >information. In 2009, an industry/FAA AD Compliance Review Team (CRT) >issued a report with several recommendations for improving AD processes. >One ofthe recommendations involves availability of service information >referenced in NPRMs and Final Rules_ I'm participating on an AD Aviation >Rulemaking Committee (ARC) that istasked with addressing the CRT08/11/201004:39

>recommendations. The issue of service information availability is >currently being discussed, and we hope to improve access toAD-related >service information in the future. > >1realize the AD ARC activities will not help with your current request to >access the two 737 service bulletins identified below. I contacted Tim >Dowling, Boeing Fleet Support Certification Manager, and he confirmed that >acontractual agreement is needed to access service information at >www.myboeingfleet.com. Tim also explained that you may request and >purchase individual service bulletins from Boeing. I'm ccing Tim in case >you would like to contact him to discuss these options. > >Regards, > >Holly Thorson >Manager, ANM-114 >Airworthiness and Technical Communications Branch >Transport Airplane Directorate >ph: 425-227-1357 > >We value your feedback. Click here to send us your feedback. > > > > >--- FOIwarded by Scott NeumannlAWAlFAA on 08/1212010 09: 16AM

---- > > > From: John Eakin ><jeakin@airsafety.com> > > > > > > To: Scott > Neumann/AWAlFAA@FAA > > > > Dale: > PM > > > > Subject: Fw: Docket FAA-2010-0761, Directorate 10 >2010-NM-069-AD > > > > > > > >Scott, >>This isthe response I received from Jeffrey Palmer, the

>airworthiness engineer involved inthis NPRM. Sharon Kennedy is in >ANM100 and answers the phone number listed for access tothis >SB. Mr. Duff is the NM region FOIA officer. > >The Boeing contacts listed end up atvoicemail boxes and are not >returned. The Boeing internet address requires a user 10and password. > >The absence ofthe service information prevents me from submitting a >meaningful comment on this proposed rule. Any assistance you can >provide in seeing that these publications are incorporated in the >docket file would be appreciated. > >Since this service information will be incorporated by reference if >the AD is adopted, it is ludicrous for the FAA to cite copyrighted >material inthe NPRM as it prevents meaningful participation bythe >pubhc in the rulemaking process. > >Best, > >John > > > >>Delivered-To: jeakin@airsafety-eom >>Subject: Fw: Docket FAA-2010-0761, Directorate 102010-NM-069-AD >>To: jeakin@airsafety.com >>Cc: David.Duff@faa.gov, > > Sharon.C.Kennedy@faa.gov > >From: Jeffrey.W.Palmer@faa.gov > >Date: Wed, 11 Aug 2010 13:00:36 -0700 » » >>Mr. Eakin, » >>Thank You for your inquiry. » >>Please refer to the Federal Registry docket #FAA-201 0-0761. You will see >>the following: » >>"For service information identified inthis proposed AD, contact >>Boeing Commercial Airplanes, Attention: Data & Services Management, >>P.O. Box 3707, 

## Me 2H-65, Seattle, Washington 98124-2207; telephone 206- >>544-5000, extension 1;fax 206-766·5680; e-mail me.boecom@boeing.com; > >Internet https;/Iwww.myboeingfleet.com

_ You may review copies ofthe > >referenced service information at the FAA, Transport Airplane > >Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information > >on the availability ofthis material at the FAA, call 425-227-1221." » » > >There are two means you can use to obtain service information called out >in > >Ihe above referenced material. » >>1hope this helps. »>>Thank You,

» > >Jeffrey W. Palmer >>Federal Aviation Administration > >Seattle Aircraft Certification Office >>Systems and Equipment Branch, ANM-130S >>1601 Lind Avenue SW >>Renton, WA 98057 

### » » » » » >>Jeffry, » > >Sharon Kennedy suggested Icontact you concerning the above referenced >NPRM > >concerning the 737 cabin altitude warning system. Ihave cc'ed her and > >Dave Duff on this message. 

### » >>1need copies ofthe two service bulletins referenced inthe NPRM

- > >737-31A1325 and 737-31A1398

- in order to comment on the proposed AD. > >Boeing has not been helpful in providing them and Sharon tells me there >are > >copyright restrictions on providing copies and they are not yet JBR'ed. > >I'm in San Antonio and itwould be difficult for me to review these in > >person. Anything you can do to help? » > >Thanks, 

### » > >John 

### » » » > >***************************************************** ••• >>John Eakin >>9865 Tower View, Helotes, Texas 78023 >>210~695-2204 >>jeakin@airsafety.com