[Federal Register Volume 66, Number 43 (Monday, March 5, 2001)]

[Rules and Regulations]

[Pages 13227-13229]

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

[FR Doc No: 01-4762]

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Rules and Regulations

 Federal Register

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Federal Register / Vol. 66, No. 43 / Monday, March 5, 2001 / Rules 

and Regulations

[[Page 13227]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-416-AD; Amendment 39-12128; AD 2001-04-09]

RIN 2120-AA64

Airworthiness Directives; Boeing Model 767 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that is applicable to all Boeing 

Model 767 series airplanes. This action requires repetitive testing of the elevator control system to determine 

if an elevator power control actuator (PCA) is rigged incorrectly due to yielded or failed shear rivets in a bellcrank 

assembly for the elevator PCA, and follow-on actions, if necessary. This action is necessary to prevent continued

operation with yielded or failed shear rivets in a bellcrank assembly for the elevator PCA, which could result 

in reduced controllability of the airplane. This action is intended to address the identified unsafe condition.

DATES: Effective March 20, 2001.

 The incorporation by reference of certain publications listed in the regulations is approved by the Director of 

the Federal Register as of March 20, 2001.

 Comments for inclusion in the Rules Docket must be received on or before May 4, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane 

Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-416-AD, 1601 Lind Avenue, SW., 

Renton, Washington 98055-4056. Comments may be inspected at this location between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 9-anm-iarcomment@faa.gov. 

Comments sent via fax or the Internet must contain ``Docket No. 2000-NM-416-AD'' in the subject line and 

need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must be formatted

in Microsoft Word 97 for Windows or ASCII text.

 The service information referenced in this AD may be obtained from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle, Washington 98124-2207. This information may be examined at the FAA,

Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the

Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kenneth J. Fairhurst, Aerospace Engineer, Systems and

Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,

Washington 98055-4056; telephone (425) 227-1118; fax (425) 227-1181.

SUPPLEMENTARY INFORMATION: The FAA has previously issued AD 2000-17-05, amendment 39-11879

(65 FR 51754, August 25, 2000), applicable to certain Boeing Model 767-200, -300, and -300F series airplanes.

That AD requires a one-time functional check of the shear rivets in all six bellcrank assemblies for the elevator

power control actuators (PCA) to determine the condition of the shear rivets, and replacement or rework 

of the bellcrank assemblies, if necessary.

 Since the issuance of that AD, the FAA has received reports that several Model 767-200, -300, and -300F series 

airplanes failed the one-time check. Such failures indicate yielded or failed shear rivets in the bellcrank

assemblies for the elevator PCA's. This condition, if not corrected, could result in reduced controllability of the 

airplane.

 The FAA has received no factual information that indicates that this condition is related to an accident 

involving a Boeing Model 767 series airplane that occurred off the coast of Massachusetts. The cause of that

accident is still under investigation.

 Though the inspections described above apply to only certain Model 767-200, -300, and -300F series

airplanes, the FAA finds that this condition may occur on all Model 767 series airplanes. Testing by the

manufacturer has revealed that the elevator single hydraulic system check currently required by a Certification

Maintenance Requirement (CMR) (documented in the Boeing 767 Maintenance Planning Document as Item

Number 27-31-00-5B) may not detect yielded or failed shear rivets in the bellcrank assemblies for the elevator

PCA's. Therefore, this AD applies to all Model 767 series airplanes, including future production.

Explanation of Relevant Service Information

 The FAA has reviewed and approved Boeing Alert Service Bulletins 767-27A0168 (for Model 767-200,

-300, and -300F series airplanes) and 767-27A0169 (for Model 767-400ER series airplanes), both dated

November 21, 2000. The subject of those service bulletins is ``Elevator Power Control Actuator (PCA) Bellcrank 

Repetitive Check.'' Those service bulletins describe procedures for repetitive tests (referred to in the 

service bulletins as ``checks'') of the elevator control system, including specific rigging tests (referred to in the

service bulletins as ``checks'') to determine if the elevator PCA's are rigged incorrectly, and follow-on actions,

if necessary.

 The test per the service bulletins verifies proper operation of the elevator control system with each of the

hydraulic systems pressurized, one at a time. (Three hydraulic PCA's control each elevator surface. 

For each surface, each PCA is powered by a different airplane hydraulic system.) This portion of the test is

equivalent to the existing CMR which is referenced in the Supplementary Information section above. 

Accomplishment of the applicable service bulletin described above is equivalent to accomplishment of the

CMR and satisfies the CMR requirement.

 The test in the service bulletins also includes instructions to record the rigged elevator surface position for

each of the three PCA's. The three positions per surface are compared relative to each other to determine if

an elevator PCA is rigged incorrectly. This specific rigging test is not included in the check

[[Page 13228]]

per the CMR. If an elevator PCA is determined to be rigged incorrectly, the service bulletins specify an

inspection to measure the penetration depth of shear rivets in the three elevator bellcrank assemblies of the 

affected elevator surface. If the measured penetration depth of the shear rivets is less than 0.50 inch, the 

service bulletins specify either repairing the affected bellcrank assembly by replacing both rivets or replacing

the affected bellcrank assembly.

 After inspection of the shear rivets, and replacement of the rivets or the bellcrank(s), if necessary, the

service bulletins include instructions to adjust the PCA input rods to properly rig each of the 

elevator PCA's.
Explanation of the Requirements of the Rule

 Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same 

type design, this AD is being issued to prevent continued operation with yielded or failed shear rivets in a

bellcrank assembly for the elevator PCA, which could result in reduced controllability of the airplane. This AD

requires accomplishment of the actions specified in the applicable service bulletin described previously, except

as discussed below.

Interim Action

 This is considered to be interim action. The FAA and the manufacturer are currently developing a terminating

action that will positively address the unsafe condition addressed by this AD. Once this terminating action is

developed, approved, and available, the FAA may consider additional rulemaking.

Differences Between Service Bulletins and This AD

 The service bulletins recommend that the initial check of the bellcranks for the elevator PCA be performed

at the next convenient opportunity when the airplane and manpower are available, not to exceed 

1,200 flight hours after receipt of the service bulletins. However, this AD requires the initial check within

90 days after the effective date of this AD. In developing this compliance time, among other factors, the FAA

considered the urgency of the subject unsafe condition, and the amount of time it takes to do the test 

(approximately 2 work hours). The FAA finds that 90 days is an optimal amount of time that will allow the

test to be done on all affected airplanes without compromising flight safety.

 Also, if an inspection of the shear rivets is necessary, the service bulletins ask operators to report inspection

results to Boeing if the penetration depth of the shear rivets is less than 0.50 inch during the inspection of the

shear rivets of the bellcrank assemblies of the elevator PCA. This AD requires that inspection results be 

reported to the FAA under these conditions.

Determination of Rule's Effective Date

 Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and

opportunity for prior public comment hereon are impracticable, and that good cause exists for making this

amendment effective in less than 30 days.

Comments Invited

 Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus,

was not preceded by notice and an opportunity for public comment, comments are invited on this rule. 

Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as

they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the

address specified under the caption ADDRESSES. All communications received on or before the closing date for 

comments will be considered, and this rule may be amended in light of the comments received. Factual

information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the 

effectiveness of the AD action and determining whether additional rulemaking action would be needed.

 Submit comments using the following format:

 Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a

request to change the service bulletin reference as two separate issues.

 For each issue, state what specific change to the AD is being requested.

 Include justification (e.g., reasons or data) for each request.

 Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects 

of the rule that might suggest a need to modify the rule. All comments submitted will be available, both

before and after the closing date for comments, in the Rules Docket for examination by interested persons. 

A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the

Rules Docket.

 Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule

must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments 

to Docket Number 2000-NM-416-AD.'' The postcard will be date-stamped and returned to the commenter.

Regulatory Impact

 The regulations adopted herein will not have a substantial direct effect on the States, on the relationship

Between the national Government and the States, or on the distribution of power and responsibilities among
the various levels of government. Therefore, it is determined that this final rule does not have federalism 

implications under Executive Order 13132.

 The FAA has determined that this regulation is an emergency regulation that must be issued immediately

to correct an unsafe condition in aircraft, and that it is not a ``significant regulatory action'' under Executive

Order 12866. It has been determined further that this action involves an emergency regulation under DOT

Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency

regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory

evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the 

Rules Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment

 Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation

Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

 1. The authority citation for part 39 continues to read as follows:

 Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

 2. Section 39.13 is amended by adding the following new airworthiness directive:

2001-04-09 Boeing: Amendment 39-12128. Docket 2000-NM-416-AD.

[[Page 13229]]

 Applicability: All Model 767 series airplanes, certificated in any category.

 Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless

of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. 

For airplanes that have been modified, altered, or repaired so that the performance of the requirements of 

this AD is affected, the owner/operator must request approval for an alternative method of compliance in

accordance with paragraph (d) of this AD. The request should include an assessment of the effect of 

the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition

has not been eliminated, the request should include specific proposed actions to address it.

 Compliance: Required as indicated, unless accomplished previously.

 To prevent continued operation with yielded or failed shear rivets on a bellcrank assembly for the elevator

power control actuator (PCA), which could result in reduced controllability of the airplane, accomplish the

following:

Repetitive Tests

 (a) Within 90 days after the effective date of this AD, perform a test of the elevator PCA bellcranks to

determine if an elevator PCA is rigged incorrectly due to yielded or failed shear rivets in a bellcrank

assembly, per Boeing Alert Service Bulletin 767-27A0168 (for Model 767-200, -300, and -300F series

airplanes), or 767-27A0169 (for Model 767-400ER series airplanes), both dated November 

21, 2000; as applicable. Repeat the test thereafter at least every 400 flight hours. Accomplishment of

these repetitive tests is acceptable for compliance with the functional check of the elevator system required

by a Certification Maintenance Requirement that is documented as Item Number 27-31-00-5B in the Boeing 767 

Maintenance Planning Document.
Follow-on Actions

 (b) If an elevator PCA is determined to be rigged incorrectly during any test per paragraph (a) of this AD,

before further flight, do a one-time inspection to measure penetration depth of shear rivets of all three

elevator bellcrank assemblies of the affected elevator surface, per Boeing Alert Service Bulletin 767-27A0168

(for Model 767-200, -300, and -300F series airplanes), or 767-27A0169 (for Model 767-400ER series airplanes),

both dated November 21, 2000; as applicable.

(1) If the measured penetration depth of the shear rivets on all bellcrank assemblies is 0.50 inch or

more: Before further flight, re-rig the elevator PCA correctly per the applicable service bulletin.

 (2) If the measured shear rivet penetration depth on any single bellcrank assembly is less than 

0.50 inch: Before further flight, repair the bellcrank assembly by replacing the shear rivets or replace

the bellcrank assembly, and reassemble and re-rig the elevator control system, per the applicable service bulletin.

Then, do paragraph (c) of this AD.

Reporting Requirement (On-Condition)

 (c) If the penetration depth of any of the shear rivets is less than 0.50 inch, submit a report of inspection

findings to the Manager, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue, SW.,

Renton, Washington 98055-4056; fax (425) 227-1181. Submit the report at the applicable time specified

in paragraph (c)(1) or (c)(2) of this AD. Information collection requirements contained in this regulation

have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork 

Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-0056.

(1) For airplanes on which the inspection is done after the effective date of this AD: Submit the report within

15 days after doing the inspection required by paragraph (b) of this AD.

(2) For airplanes on which the inspection was done prior to the effective date of this AD: Submit the report

within 10 days after the effective date of this AD.

Alternative Methods of Compliance

 (d) An alternative method of compliance or adjustment of the compliance time that provides an acceptable

level of safety may be used if approved by the Manager, Seattle ACO. Operators shall submit their requests

through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to

the Manager, Seattle ACO.

 Note 2: Information concerning the existence of approved alternative methods of compliance with this AD,

if any, may be obtained from the Seattle ACO.

Special Flight Permits

 (e) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the

requirements of this AD can be accomplished.

Incorporation by Reference

 (f) Except per paragraph (c) of this AD, the actions shall be done per Boeing Alert Service Bulletin

767-27A0168, dated November 21, 2000, or Boeing Alert Service Bulletin 767-27A0169, dated 

November 21, 2000; as applicable. This incorporation by reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 

Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 98124-2207. Copies may be

inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington;

or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Effective Date

 (g) This amendment becomes effective on March 20, 2001.

 Issued in Renton, Washington, on February 21, 2001.

Charles D. Huber,

Acting Manager, Transport Airplane Directorate, Aircraft Certification 

Service.

[FR Doc. 01-4762 Filed 3-2-01; 8:45 am]

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