[Federal Register Volume 65, Number 166 (Friday, August 25, 2000)]
[Rules and Regulations]
[Pages 51754-51757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21616]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-289-AD; Amendment 39-11879; AD 2000-17-05]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767-200, -300, and -300F 
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 certain Boeing Model 767-200, -300, and -300F series 
airplanes. This action requires a functional check of the shear rivets 
in all six elevator power control actuator (PCA) bellcrank assemblies 
to determine the condition of the shear rivets, and replacement or 
rework of the bellcrank assemblies, if

[[Page 51755]]

necessary. This action is necessary to detect and correct any failed or 
partially yielded shear rivets of the elevator PCA bellcrank 
assemblies. Failure of two bellcrank assemblies on one side can result 
in that single elevator surface moving to a hardover position 
independent of pilot command resulting in a significant pitch upset 
recoverable by the crew. Failure of three bellcrank assemblies on one 
side may result in loss of controllability of the airplane. This action 
is intended to address the identified unsafe condition.

DATES: Effective September 11, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 11, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before October 24, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000 NM 289-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: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-289-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 Fairhurst, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Transport Airplane 
Directorate, 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 received reports that elevator 
bellcrank assemblies with failed shear rivets have been found on three 
Boeing Model 767 series airplanes. On one airplane, the failed shear 
rivets were found in both the left inboard and left center power 
control actuator (PCA) bellcrank assemblies. Investigation revealed 
that the left center PCA had been replaced two weeks earlier. The 
bellcrank shear rivets are designed to shear if a jam occurs and an 
input of approximately 50 pounds above normal feel forces is applied to 
the elevator system.
    Further testing by the manufacturer revealed that the single system 
hydraulic test of the elevator, which is mandated by a Certification 
Maintenance Requirement, may not detect failed shear rivets in an 
elevator bellcrank assembly. Failure of two bellcrank assemblies on one 
side can result in that single elevator surface moving to a hardover 
position independent of pilot command resulting in a significant pitch 
upset recoverable by the crew. Failure of three bellcrank assemblies on 
one side may result in loss of controllability of the airplane.
    The FAA has received no factual information that indicates that 
this incident is related to an accident that occurred off the coast of 
Massachusetts involving a Boeing Model 767 series airplane. The cause 
of that accident is still under investigation.

Explanation of Relevant Service Information

    The FAA has reviewed and approved Boeing Alert Service Bulletin 
767-27A0166, dated August 17, 2000. That alert service bulletin 
describes procedures for a functional check of the shear rivets on all 
six elevator PCA bellcrank assemblies to determine the condition of the 
shear rivets. (The functional check entails, in part, inserting a pin 
into the center of the shear rivets and measuring the penetration depth 
of the pin.) The alert service bulletin also describes eventual 
replacement of the bellcrank assemblies with new or serviceable 
bellcrank assemblies if the penetration depth of the pin is 0.35 inch 
or more, but less than 0.50 inch; and, prior to further flight, rework 
or replacement of the bellcrank assemblies with new or serviceable 
bellcrank assemblies if the penetration depth of the pin is less than 
0.35 inch. The alert service bulletin specifies repeating the 
functional check after any installation of a new or serviceable 
bellcrank assembly to ensure that the reworked or new bellcrank 
assembly is still in good condition after installation. Additionally, 
the alert service bulletin specifies that, if one or more bellcrank 
shear rivets have a penetration depth of the pin of less than 0.50 
inch, the operator should send a report (provided in the alert service 
bulletin) to the manufacturer.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other Boeing Model 767 series airplanes of the same 
type design, this AD is being issued to detect and correct any failed 
or partially yielded shear rivets of the PCA elevator bellcrank 
assembly. Failure of two bellcrank assemblies on one side can result in 
that single elevator surface moving to a hardover position independent 
of pilot command resulting in a significant pitch upset recoverable by 
the crew. Failure of three bellcrank assemblies on one side may result 
in loss of controllability of the airplane, which could result in an 
elevator hardover and consequent reduced controllability or loss of 
controllability of the airplane. Except as described below, the actions 
are required to be accomplished in accordance with the alert service 
bulletin described previously.

Differences Between Proposed Rule and Service Bulletin

    Operator should note that where requirements appear in this final 
rule that are different from the Boeing alert service bulletin, this AD 
prevails.
    Operators should note that, although the alert service bulletin 
requests that operators send the completed PCA Elevator Bellcrank 
Assembly Shear Rivet Inspection Report (provided in the alert service 
bulletin) to the manufacturer, this AD requires that the report be sent 
to the FAA.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

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

[[Page 51756]]

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-289-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:

2000-17-05  Boeing: Amendment 39-11879. Docket 2000-NM-289-AD.

    Applicability: Model 767-200, -300, and -300F series airplanes, 
with Line Numbers 1 through 800 inclusive; 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 (c) 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 detect and correct any failed or partially yielded shear 
rivets of the elevator power control actuator (PCA) bellcrank 
assembly, which could result in (1) failure of two bellcrank 
assemblies on one side of the airplane and consequent movement of 
the single elevator to a hardover position independent of pilot 
command, resulting in a significant pitch upset recoverable by the 
crew; or (2) failure of three bellcrank assemblies on one side and 
consequent loss of controllability of the airplane; accomplish the 
following:
    (a) Within 30 days after the effective date of this AD, perform 
a functional check of one shear rivet in all six elevator PCA 
bellcrank assemblies to determine the condition of the shear rivets; 
in accordance with Paragraph 3, Accomplishment Instructions, of 
Boeing Alert Service Bulletin 767-27A0166, dated August 17, 2000.
    (1) If all penetration depths when measured per Figure 2 of the 
alert service bulletin are 0.50 inch or more, no further action is 
required by this AD.
    (2) If any penetration depth when measured per Figure 2 of the 
alert service bulletin is 0.35 inch or more, but less than 0.50 
inch, rework or replace the bellcrank assembly with a new or 
serviceable bellcrank assembly within 400 flight hours after 
accomplishing the functional check. After installation of a new or 
serviceable bellcrank assembly, prior to further flight, repeat the 
functional check of all the bellcrank assemblies to make sure the 
rivets are still in good condition (as specified in the alert 
service bulletin) after installation, in accordance with Figure 2 of 
the alert service bulletin.
    (3) If any penetration depth when measured per Figure 2 of the 
alert service bulletin is less than 0.35 inch, prior to further 
flight, rework or replace the bellcrank assembly with a new or 
serviceable bellcrank assembly. After installation of a new or 
serviceable bellcrank assembly, and prior to further flight, repeat 
the functional check of all the bellcrank assemblies to make sure 
the rivets are still in good (as specified in the alert service 
bulletin) condition after installation, in accordance with Figure 2 
of the alert service bulletin.
    (b) If one or more bellcrank shear rivets have a measured 
penetration depth of less than 0.50 inch, within 10 days after 
performing the initial functional check required by paragraph (a) of 
this AD: Submit a copy of the completed PCA Elevator Bellcrank Shear 
Rivet Inspection Report, as provided in Boeing Alert Service 
Bulletin 767-27A0166, dated August 17, 2000, to the following 
address: Manager, Seattle Aircraft Certification Office (ACO), FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; fax (425) 227-1181.

Alternative Methods of Compliance

    (c) 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

    (d) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197

[[Page 51757]]

and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

Incorporation by Reference

    (e) Except as provided by paragraph (b) of this AD, the actions 
shall be done in accordance with Boeing Alert Service Bulletin 767-
27A0166, dated August 17, 2000. 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.
    (f) This amendment becomes effective on September 11, 2000.

    Issued in Renton, Washington, on August 18, 2000.
John J. Hickey,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-21616 Filed 8-24-00; 8:45 am]
BILLING CODE 4910-13-P