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. \n\n\tSince 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. \n\n\tThe 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. \n\n\tThough 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. \n\nExplanation of Relevant Service Information \n\tThe 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. \n\n\tThe 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. \n\n\tThe test inthe 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 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. \n\n\tAfter 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. \n\nExplanation of the Requirements of the Rule \n\tSince 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. \n\nInterim Action \n\tThis 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. \n\nDifferences Between Service Bulletins and This AD \n\tThe 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. \n\n\tAlso, 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 \n\tSince 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. \n\nComments Invited \n\tAlthough 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. \n\n\tSubmit 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. \n\n\tComments 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. \n\nRegulatory Impact \n\tThe 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. \n\n\tThe 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." \n\nList of Subjects in 14 CFR Part 39 \n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\tAccordingly, 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: \n\nPART 39 - AIRWORTHINESS DIRECTIVES \n\t1. The authority citation for part 39 continues to read as follows: \n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n§ 39.13 (Amended) \n\t2. Section 39.13 is amended by adding the following new airworthiness directive: