Comair, Inc.

These comments are submitted on behalf of Comair, Inc. The first comment is a request to evaluate the use of “corresponds” when referring to the relationship between Transport Canada AD CF-2003-05 and CF-2003-05R1 and FAA AD 2004-22-08. AD 2004-22-08 correlates to CF-2003-05. AD 2004-22-08 was never truly in agreement with CF-2003-05 and even less so with CF-2003-05R1. It is misleading to reference CF-2003-05R1, in any fashion, when discussing AD 2004-22-08. CF-2003-05 Part 1.(a) required the incorporation of MRM task 21-51-21-07 and Part 1 (b) required only an initial visual inspection of the bulkhead check valve in accordance with Bombardier Alert Service Bulletin A601R-21-054 dated 8 November, 2001. CF-2003-05R1 removes the alert service bulletin inspection. AD 2004-22-08 Paragraph (b) requires the initial and repetitive inspections be performed in accordance with Bombardier Alert Service Bulletin A601R-21-054, dated 8 November, 2001. AD 2004-22-08 does not require the incorporation of MRM task 21-51-21-07. Part 1 of the Transport Canada AD and FAA AD 2004-22-08 Paragraph (b) do not correspond. Depending on the intended nature of the proposed Paragraph (j), two different comments are provided. 1. Paragraph (j) proposes to revise the Airworthiness Section of the MRM which is in Part 2 of the MRM. TR 1-2-39 is a revision to Part 1. The MRM is not structured to have Part 1 items moved to Part 2. Even if this is the intent to include a Part 1 item in Part 2, NOTE 3 under Paragraph (k) allows the TR to be removed once the task introduced in TR 1-2-39 has been incorporated into a general revision. This in fact has already occurred; TR 1-2-39 has been incorporated into MRM Part 1 with Revision 14 dated Sep 10/09. 2. If the intent of Paragraph (j) is to introduce this task into its proper part of the MRM, Part 1, then this contradicts the FAA’s comment in the preamble of AD 2004-22-08 under the subsection “Request To Reference Revised Service Information/Maintenance Manual”. At least two commenters’ requested the FAA consider Maintenance Review Board Report, Part 1, Maintenance Requirements Manual (MRM) MRM Task Number 21-51-21-07 be added, as an option to using Bombardier Alert Service Bulletin A601R-21-054, dated 8 November, 2001. The FAA response, in part, was: “We do not agree with the commenters' requests. Although Part 1 of the MRM is accepted by the FAA, it is not approved, as is Part 2 of the Airworthiness Limitations section. We cannot control revisions of the MRM; therefore, a task could be changed or deleted, and the AD requirements would be modified without our approval.” Exactly what the FAA stated they could not control in AD 2004-22-08 is now what is being proposed in the new requirements of NPRM 2009-NM-144-AD. The final request is to add a provision to Paragraph (l)(1) to allow continuation of previously issued AMOCs to AD 2004-22-08. Comair initially received an AMOC from the NYACO dated Nov 17, 2004. On Oct 13, 2006 a second AMOC was issued. These AMOCs have allowed Comair to perform inspections using Comair Task Cards which are used for compliance of MRM Task Number 21-51-21-07 instead of Bombardier Alert Service Bulletin A601R-21-054, dated 8 November, 2001. Comair continues to believe the inspections using Task Number 21-51-21-07 produce a superior inspection than those performed with the service bulletin.