[Federal Register Volume 66, Number 43 (Monday, March 5, 2001)]
[Rules and Regulations]
[Pages 13227-13229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4762]



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 Rules and Regulations
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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.

-----------------------------------------------------------------------

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: 
[email protected]. 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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