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

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 W Palmer/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 ID 2010-NM-069·AD

Our legal staff has provided the following additional informa,ion on this subject:

Every NPRM contains the background explanation of the unsafe condition, a description of the

referenced selVice information, a discussion of the content of the proposed AD, economic impact

information, and the actual text of the proposed AD. This information provides the public with the

sufficient information to provide meaningful comments on the NPRM. This is demonstrated by the fact

that for many years commenters have submitted meaningful comments on AD NPRMs containing this

information. Providing copies of the referenced seNice information is not a prerequisite for compliance

with the Administrative Procedure Act (APA), Because of the restrictions you mention on providing such

copies, we have made them avaHable by the means described in each AD. AGe considers that this fully

satisfies our legal obligations.

Per your 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- I understand 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

0811212010 01:27 PM

Re: Fw: Docket FAA-201O-0761, Directorate ID 20 1Q-NM-069-AD

Thank you for the response. I understand the situation, but the

bottom line is that 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 my objection in the docket to this proposed

rulemaking by inserting this entire email chain in the public

docket. The statement in the 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 in the 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 is a problem of the FAA's

making and a violation of the law to proceed with this rule making action.

Sincerely,

John

At 02:55 PM 8/12/2010, Holly.Thorson@faa.govwrote:

>Mr. Eakin,

>

>1understand your concerns regarding access to service 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 is an initiative underway to improve access to AD-related service

>information. In 2009, an industry/FAA AD Compliance Review Team (CRT)

>issued a report with several recommendations for improving AD processes.

>One of the recommendations involves availability of service information

>referenced in NPRMs and Final Rules_ I'm participating on an AD Aviation

>Rulemaking Committee (ARC) that is tasked with addressing the CRT
08/11/201004:39

>recommendations. The issue of service information availability is

>currently being discussed, and we hope to improve access to AD-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

>a contractual 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: 16 AM ----

>

>

> 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 is the response I received from Jeffrey Palmer, the

>airworthiness engineer involved in this NPRM. Sharon Kennedy is in

>ANM100 and answers the phone number listed for access to this

>SB. Mr. Duff is the NM region FOIA officer.

>

>The Boeing contacts listed end up at voicemail boxes and are not

>returned. The Boeing internet address requires a user 10 and password.

>

>The absence of the 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 in the NPRM as it prevents meaningful participation by the

>pubhc in the rulemaking process.

>

>Best,

>

>John

>

>

>

> >Delivered-To: jeakin@airsafety-eom

> >Subject: Fw: Docket FAA-2010-0761, Directorate 10 2010-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 in this 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 of the

> >referenced service information at the FAA, Transport Airplane

> >Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information

> >on the availability of this 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.

»

> >1 hope 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 I contact you concerning the above referenced

>NPRM

> >concerning the 737 cabin altitude warning system. I have cc'ed her and

> >Dave Duff on this message.

»

> >1 need copies of the two service bulletins referenced in the 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 it would 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