The series


1......Rudder trouble arises almost as soon as 737s begin flying

2......The Colorado Springs crash and Boeing's role in investigations

3......The Pittsburgh crash and more revelations about rudder trouble

4......Boeing's aggressive approach to product liability

5......Safety agencies, their decisions and Boeing's influence

 

Safety at issue: the 737

- When jets crash:

How Boeing fights to limit liability

At the FAA it is always the wrong time of month

The Report on USAIR FLIGHT 427

NEAR PITTSBURGH, PA

ON SEPTEMBER 8, 1994

Jon Hamley did not expect much to come of his meeting at the

Norfolk, Va., airport on a muggy day in July 1995.

He was wary of the man he was meeting: Keith Gerrard, a senior

partner from the Seattle law firm Perkins Coie, representing The

Boeing Co. Hamley knew Gerrard led a legal team that handled

the millions and millions of dollars in lawsuits against Boeing that

inevitably arose when one of its airplanes crashed.

Hamley, 29, was still grieving over the death of his wife 10 months

earlier. Flight attendant Sarah Slocum-Hamley was among the five

crew members and 127 passengers killed when a USAir Boeing

737-300 dived out of calm skies near Pittsburgh in September 1994.

Though wary, Hamley was curious, too. On the telephone,

Gerrard had said he wanted to talk about "making arrangements"

for the families of the Flight 427 crew members, even though

investigators still hadn't concluded what caused the Pittsburgh

crash.

The implication that Boeing was ready to talk settlement surprised

Hamley. Boeing, he knew, was still aggressively fighting claims in

the similar crash of a United Airlines 737-200 in Colorado

Springs four years before. So why would a Boeing attorney fly

across the country to buy him dinner?

"He was very warm, very friendly," Hamley recalled. "He offered

his condolences, said how sorry he was this happened. And the

next thing he says is, `Boeing had nothing to do with Sarah's

death.' "

Safely flying large groups of people six miles above the earth at

nearly the speed of sound leaves little margin for error. That air

travel has become so indispensable owes much to the careful

design, manufacture and operation of reliable aircraft.

Statistically, jet travel has evolved into the safest way to travel,

and Boeing has thrived as the world's dominant supplier of big,

reliable jet airplanes. Boeing has built its reputation with airplanes

that work well.

Yet the manufacturer of something as technically complex as a jet

airliner, in an inherently risky business, also must be prepared for

things to go wrong.

In a world where an Alabama jury recently ordered General

Motors to pay $150 million to someone injured because of a

poorly designed door latch, aggressive defense against

product-liability claims is as fundamental to Boeing's business as

research, manufacturing and marketing.

The potential costs to a manufacturer are enormous if its product

is blamed for deaths and injuries: millions of dollars to victims and

their families, many millions more if a product must be recalled

and fixed, and the incalculable cost of a damaged reputation.

Boeing's approach to defending product-liability claims was first

outlined in the mid-1960s by J. Paul Coie, patriarch of the Perkins

Coie law firm. Passenger-jet travel was still just getting started; a

product-damage claim of $1 million was considered outrageous.

On June 8, 1965, as Boeing was hustling to get its new 737 series

to market, Coie recounted the state of product-liability law at a

symposium co-sponsored by Boeing and the University of

Washington at Seattle's Olympic Hotel.

Coie made these points:

-- An airplane was "essentially a bundle of compromises, arrived

at by exchanging expert views" about performance, while keeping

safety considerations paramount.

-- U.S. courts had assigned airplane manufacturers an "affirmative

duty to make reasonable tests and inspections to discover latent

hazards." The courts also had made manufacturers "liable for

failure to warn users of its aircraft of known dangerous

characteristics."

-- Making improvements once an airplane was in service could

come back to haunt manufacturers in court: Plaintiffs could point

to changes as proof that an improvement was feasible and should

have been done in the first place.

-- On the other hand, courts tended to credit manufacturers for

due care if it could be shown that a product "has been free from

injury-producing effects in the past." In other words, the last thing

a manufacturer wanted was a track record of problems, what the

industry referred to as a "service history."

Still the heart of its strategy

Coie's outline still appears to form the heart of Boeing's corporate

strategy for dealing with the aftermath of an airplane crash, or

even with criticism of its products:

-- It robustly defends against any complaint of defects in its

airplanes, thus keeping them from acquiring a "service history."

-- After an accident it plays a large role in investigating and

suggesting what could have caused the accident, and in evaluating

safety recommendations.

In the U.S. the investigating agency is the National Transportation

Safety Board. It determines what caused airplane crashes and it

may make safety recommendations to the Federal Aviation

Administration. The FAA makes a final decision about such

recommendations, usually consulting the affected parties. Boeing

and other airplane builders tend to question or contest such

recommendations.

-- Boeing responds carefully to legal claims from victims. Some

claims are quickly settled, others contested. Either way, one

consideration is whether a judge or jury might pin blame for a

crash on a Boeing airplane, and thus open the door to other

lawsuits.

In one famous example, after a Japan Air Lines crash killed 520

people aboard a 747 in 1985, Boeing accepted responsibility,

saying it had performed a faulty repair on the airplane a few years

earlier. Attorneys for some passengers had hoped to force a trial

on whether the blame actually lay with design of a hydraulic

system that Boeing later modified.

In the 1991 crash of Flight 585 in Colorado Springs, Boeing

acknowledged nothing and began what has become a long,

involved legal defense of its product, the 737.

Things changed after the Pittsburgh crash in 1994, which placed

the 737 rudder system under renewed scrutiny. When Keith

Gerrard flew across the country to discuss settlements with

families of USAir crew members, it was apparent Boeing had

decided it needed a different legal approach.

Blaming the weather in Colorado crash

The aftermath of the Colorado Springs crash appeared to

demonstrate the Coie product-defense principles in action.

Working with federal investigators, Boeing proposed a weather

explanation for the crash that ultimately kept the NTSB from

settling on the other chief possibility: that an errant, last-minute

movement of the 737 rudder sent the plane into a fatal dive as it

was close to landing.

The Colorado Springs crash (and later the Pittsburgh crash) bore

flight characteristics of a phenomenon known as a "rudder

hardover." Yet investigators looking for corroborating evidence

could not find a single proven incident of a rudder hardover

occurring on a 737 flight in the more than 20 years the jets had

been flying.

Meanwhile in the courtroom, Gerrard and Boeing lawyers fended

off wrongful-death lawsuits that hinged on finding Boeing liable

because of a defect in the 737.

The cases that most concerned the Boeing lawyers involved

claims filed on behalf of the families of pilots and flight attendants.

The insurance and legal systems create an important distinction

between lawsuits filed by the families of passengers and lawsuits

filed by families of airplane crew members.

The question of what caused an airplane crash - pilot error,

weather, or defective equipment - generally does not arise in

passengers' cases. Once a passenger boards a jetliner, liability is

assumed on the part of the airline and manufacturer. Settling

passenger claims focuses not on what caused death or injury, but

on the amount of damages to be paid. The airline and aircraft

maker, with their insurers, then negotiate how to split the overall

cost. That split might be affected by what caused a crash.

Crew cases work differently. Worker-compensation rules prevent

families from suing an airline (the employer) for death or injuries

that occur on the job. Crew members are assumed to knowingly

perform risky work. The only place crew families can turn for

legal settlement is to the manufacturer of the airplane. Their

wrongful-death claims depend on proving that a malfunctioning or

defective airplane was to blame.

Because the stakes are high on both sides, such cases make for

aggressive plaintiffs and aggressive defenders.

Boeing in no hurry to settle

In the aviation community, Gerrard - Harvard-trained and

mentored by J. Paul Coie himself - has established Boeing as a

formidable, no-holds-barred defender of crew claims.

"Keith is a very, very bright guy," said Dick Krutch, a Seattle

aviation plaintiff attorney who has spent a career dueling Gerrard.

"He's competent, he's tough, he strives to keep his client's money

in his client's pocket."

Passenger lawsuits in the Colorado Springs crash followed the

usual pattern. Eighteen of 20 claims were settled by United and

Boeing within two years of the crash.

But a protracted legal fight was under way with the families of the

crew members: Capt. Harold Green, First Officer Patricia Eidson

and flight attendants Monica Smiley, Anita Lucero and Lisa

Church. They were joined in their claims by families of two

passengers, Michael Kavanagh, an Irish computer-company

executive, and Andy Bodnar, a Canadian from Toronto.

As international travelers, Kavanagh and Bodnar fell under a

treaty which limits an airline's liability in crashes to $75,000 per

person. The only way for their survivors to get more was to join

the crew families in pursuing product-liability damages from

Boeing.

Boeing's lawyers were in no hurry to settle. Company engineers

had pushed the case for a freak wind as causing the accident, and

NTSB investigators were baffled. The NTSB couldn't decide

between a rudder malfunction or Boeing's wind-rotor theory as

the cause.

That left Gerrard with a stronger case to argue at trial, if the

crew-family claims came to that. In the meantime, there were

other ways to strengthen Boeing's legal position. One goal was to

get the crew-family suits moved to federal court from various state

courts where they were filed. Corporate lawyers consider federal

court a more neutral forum, less likely to be swayed by state

interests, and federal judges to be more sophisticated in cases

involving complicated business issues.

The Kavanagh family's attorney, Gerald Sterns, had filed a

wrongful-death claim in Illinois state court in Chicago, United

Airlines' home town. Gerrard tried unsuccessfully a number of

times to get it moved to federal court.

Taking it to federal court

Then, on the eve of the second anniversary of the crash, with a

time limit about to expire for adding any new parties to the suit,

Gerrard filed a complaint in Chicago. Naming the two Colorado

Springs air-traffic controllers on duty when the crash occurred,

the complaint alleged they had negligently guided the plane into a

wind rotor.

The next day the U.S. Attorney's Office announced that the

federal government - the air-traffic controllers' employer - was

substituting itself for them, and moving the case into federal court.

"It was pure Gerrard and it was really brilliant," said Sterns, a

longtime aviation plaintiff lawyer.

The plaintiffs spent the next year getting the federal government

out of the case, ultimately accepting a nominal settlement from the

government to refocus the suit on Boeing. The case remained in

federal court.

In late summer of 1994, Gerrard successfully argued that since the

Kavanagh case was in federal court, it made sense to consolidate

all the claims and send them to a federal judge in Denver.

The change created at least another year of pretrial paperwork

and delay in the new court. It also steered the cases to one of the

few states that cap damages in civil suits. Since federal courts

usually apply state-court standards, if Boeing eventually lost at

trial, there was a good chance no plaintiff would get more than the

Colorado limit of $250,000.

Next spring will be the sixth anniversary of the Colorado crash.

Boeing has made no settlement offer to the families of the crew or

of the two international passengers. Attorneys for the families have

deposed Boeing engineers and officials as they seek evidence to

build a case that the 737 was known to have a faulty rudder.

"We still don't have a trial date," Dennis Lods, another attorney

representing Kavanagh's survivors, said recently, "and we still

don't know when we'll get one."

`First it's "My dog didn't bite you..." '

Even a much smaller case, far from the headlines, can provoke

Boeing's legal tenacity if manufacturing liability is at issue.

In the late 1980s, Lance Schaeffer, a San Diego attorney,

represented a USAir pilot, Richard O'Harren, in what became a

knock-down, drag-out legal battle with Gerrard and Boeing.

Boeing ultimately paid O'Harren $317,000 in compensatory

damages and legal fees, after a six-year fight, for injuries O'Harren

suffered when he was sprayed in the face by a windshield rain

repellent called RainBoe.

Invented by Boeing in the mid-'60s, RainBoe became standard

equipment on jetliners. It was usually stored in a canister inside the

cabin, within arm's reach of the pilot. Sometimes the canister

leaked.

Boeing to this day contends RainBoe is nontoxic, though 95

percent of it is a solvent, Freon 113, which has been blamed in at

least 12 deaths in industrial settings.

At a 1990 trial, Schaeffer produced substantial evidence that

Freon 113 attacks the human central nervous system, causing

disorientation, motor-skills impairment and sudden heart attack.

Schaeffer also established that there was a pattern of RainBoe

canisters leaking.

Led by Gerrard, Boeing's defense team disputed that RainBoe

was toxic, denied the company was aware of any instances of it

leaking and tried to portray O'Harren as a malingerer, court

documents show. The case swung in O'Harren's favor when the

company finally produced reports, years after Schaeffer first

requested them, indicating one airline had reported 55 RainBoe

leak incidents in a five-year period. There was a service history of

problems, after all.

"It was a classic strategic retreat applied in the extreme,"

Schaeffer said. "First it's `My dog didn't bite you,' then `My dog

wasn't there,' then `I don't own a dog.' You buy time and point

your finger anywhere you can to keep the heat off."

Making it costly for plaintiffs

In high-stakes product-liability cases, corporations defending

against claims always hold the ultimate trump card. At any time,

for some number of dollars, the company can settle and make the

plaintiffs and their antagonistic lawyers go away.

But Gerrard built his reputation by keeping a tight fist on

settlements and using delaying strategies to make it very difficult

and expensive for plaintiffs to take Boeing to court.

"If you look past the tactics of settling a case, and step back and

ask what constitutes a win in a major battle in the war, the answer

is you look to destroy the plaintiff firm," said an experienced

product-liability attorney who is not involved in the 737 cases.

"You bleed them of their funds, you eliminate them as future

players, you destroy them in the European tradition: You spike

their heads at the city gates. It's standard strategy."

As the summer of 1994 came to a close, Gerrard's strategies had

kept the Colorado Springs cases far away from a jury trial. Then

came the disastrous nose dive of USAir Flight 427 in Pittsburgh.

A complication: No wind in Pittsburgh

For all the striking similarities between the Colorado Springs and

Pittsburgh crashes, there was one big difference, the weather:

windy in Colorado, dead calm in Pittsburgh.

In the Colorado lawsuits, Boeing attorneys could anticipate

making a strong case for a weather-caused accident, if necessary.

But the tranquil skies over Pittsburgh left investigators with little

upon which to base an act-of-God explanation.

Because the Pittsburgh crash, like the Colorado crash, showed

characteristics of a rudder hardover, investigative focus on the

rudder system became intense.

The NTSB wanted to avoid reaching another inconclusive

dead-end like the Colorado Springs investigation. There was also

more public pressure on investigators this time, with many more

people killed in a crash close to East Coast media centers.

Magazines and TV shows hammered on the similarities between

Pittsburgh and Colorado Springs.

In the summer of 1995, 10 months after the crash, Gerrard

arranged to meet in person with Chris Germano, widow of Capt.

Peter Germano, in New Jersey; with Glenda Emmett, widow of

First Officer Chuck Emmett, in Texas; and with Jon Hamley, in

Norfolk. He came to talk settlement.

"With the NTSB investigation over in (United Flight) 585, it may

be they (Boeing) felt less threatened in Colorado Springs and felt

they must remove the present risk in Pittsburgh," said Paul

Hedlund, an aviation plaintiff lawyer from San Diego who

represents several families of USAir Flight 427 passengers.

If the 737 rudder came to be blamed in Pittsburgh, Boeing, and

not USAir, would bear the brunt of, by one estimate, $400 million

that probably will be paid to the families of the 127 dead

passengers. It could take another $20 million or more to settle

with the crew families.

In dollar-and-cents terms, it would make sense for Boeing to

settle damage claims sooner, while the cause of the crash was

undetermined, rather than later, when it could face greater

expenses if the airplane were blamed.

Settling also would make the plaintiffs' attorneys go away, so they

wouldn't be fishing for evidence of rudder problems in the

Pittsburgh crash. Such evidence could be useful to plaintiffs'

lawyers in Colorado Springs to bolster their claim that a flaw in

the airplane, not a freak wind, caused the United jet to crash in

1991.

Recall would be hugely costly

Beyond the lawsuits and their costs, Pittsburgh entailed risk of a

massive jetliner recall if Boeing eventually were ordered to make

major rudder-system changes, as NTSB investigator Greg Phillips

had begun advocating inside his agency within a few months of the

crash.

The cost of changes - the NTSB has now recommended 14

design, operational and maintenance improvements for the 737 -

could reach hundreds of millions of dollars for parts and labor in a

fleet of more than 2,700 aircraft. Millions more in airline revenue

could be lost while the jets were taken out of service.

There was also potential cost to Boeing's reputation. The 737 is

the backbone of fleets at United, Southwest, America West,

Delta, Continental, USAir and many foreign carriers. Damaged

public confidence in the 737 would be an advantage to Boeing

competitors.

Families hear vague overtures of settlement

Jon Hamley understood much of this by the time he drove to meet

Keith Gerrard at the Norfolk airport.

In the months since his wife had been killed, Hamley had become

an angry, self-styled expert in 737 rudder problems. He had

amassed a mountain of documents. He talked endlessly to lawyers

and aviation experts. Using the deference allowed victims'

families, he communicated regularly with Tom Haueter, the NTSB

investigator heading the Pittsburgh investigation. He became

distracted to the point of losing his job as a credit analyst.

He had come to believe Boeing was trying to obscure defects in

the 737 rudder.

"I felt the people in Colorado Springs died in vain," he said. "I felt

if Boeing, the NTSB and the FAA did their jobs after (Flight)

585, Sarah and the 131 other people on Flight 427 would never

have died."

After he met Gerrard at the airport gate in Norfolk, Hamley

remembers, they strolled to a restaurant inside the terminal.

Gerrard learned through polite conversation how long Jon and

Sarah Hamley had been married, what Jon did for a living and that

Jon was in therapy. They talked briefly about the other crew

members' families.

Hamley asked Gerrard why Boeing, if it was ready to talk about a

settlement in Pittsburgh, was fighting crew-family claims in the

Colorado case. Gerrard responded that the two crashes had

nothing to do with each other and represented completely

separate issues.

The subject of money was broached. Hamley says Gerrard

warned him that crew families would not get as large a settlement

as some of the passengers reportedly were getting because risk

was an inherent element of their jobs.

He said Hamley probably "wouldn't like him" after hearing

Boeing's settlement offer. Hamley recalls Gerrard saying that

Boeing wanted to settle with all of the crew families at the same

time.

"He said, `If we settle, we're going to settle with everybody, but if

we fight one we're going to fight everybody,' " Hamley

remembered.

No agreement with widow

Chris Germano, Capt. Germano's widow, said Gerrard made a

similarly vague settlement overture to her in her living room in

Moorestown, N.J.

"He said that certainly if Boeing was responsible for this, they

would be the first to admit it and take responsibility for it,"

Germano said. "He just felt that in this case, they had absolutely,

positively done nothing wrong."

She said Gerrard made it clear any cash Boeing paid to her could

not be connected in any way with Capt. Germano's death. To

date, Chris Germano has reached no settlement with Boeing.

Plaintiffs see a cover-up

In the past year, talk of settlement has been replaced by more

acrimonious volleys from lawyers representing plaintiffs.

Last spring, with the safety board moving slowly on the Pittsburgh

crash, two attorneys with Colorado Springs claims began seeking

evidence from the Pittsburgh crash investigation that might help

their own cases. They were Art Wolk, representing the Canadian

family, and Lods, one of the Irish family's lawyers.

Lods and Wolk requested copies of all reports of disrupted 737

flights received by Boeing from mid-1995 on, as well as results of

testing of rudder parts recovered in Pittsburgh. In response,

Boeing lawyers produced a letter to Boeing from the NTSB

general counsel instructing the company to withhold all documents

related to the Pittsburgh investigation as long as the safety board's

probe was active.

"It was just the most unbelievable attempt at cover-up I'd ever

seen as a product-liability lawyer," Lods said. "The NTSB and

Boeing had mutual motives to avoid more disclosure about what

they'd done and not done . . . so they agreed not to produce any

more information."

Lods argued that the NTSB instructions violated rules separating

the executive branch from the judicial branch of government. He

later received some documents from Boeing, but none, he said,

related to the Pittsburgh crash.

Meanwhile, Jon Hamley hired Wolk as his attorney. In August

they filed an unusual suit in U.S. District Court in Philadelphia.

The suit accuses Boeing and its rudder-parts suppliers of violating

the federal Racketeer Influenced and Corrupt Organizations

(RICO) Act by using the U.S. mail to deceive the NTSB and

FAA about rudder defects in the 737.

Boeing is not required to respond to the suit until late November.

"My argument," Wolk said, "is if Boeing hadn't corrupted the

FAA and NTSB investigation and had been honest and forthright

after Colorado Springs, then Flight 427 would have never

happened. We're really focusing the inquiry on how Boeing

corrupted the NTSB and FAA as much as the cause of the

crash."

 

Safety at issue: the 737 - The crash in Colorado Springs

Second of five parts

by Byron Acohido

Seattle Times aerospace reporter / Copyright, 1996, The Seattle Times Co.

The first real clues that Boeing's 737 might have a dangerous defect in its rudder-control system came from a 1991 crash in Colorado Springs.

The 737-200, built in Renton in 1982, started out as part of Frontier Airline's fleet. Four years later, Frontier sold the plane to United and it was assigned tail number N999UA.

On a Feb. 25, 1991, flight, N999UA's rudder deflected inexplicably to the right. The problem went away when the pilots switched off the yaw damper, a device that automatically commands small rudder adjustments during flight. Mechanics replaced a part called the yaw-damper coupler and returned the plane to service.

Two days later, a different flight crew reported N999UA's rudder again moving to the right. The new coupler evidently had made no difference. This time mechanics replaced a valve in the yaw damper and returned the plane to service.

Four days later, on the blustery morning of March 3, 1991, Captain Harold Green and First Officer Patricia Eidson were bringing N999UA down for a routine landing in Colorado Springs. At 1,000 feet, the jet suddenly flipped to the right and dived straight down, smashing into a city park and killing all 25 on board.

The pilot of a Cessna flying near the airport called the tower with a bird's-eye account: "We just saw the plane . . . uh just suddenly a complete downward dive."

From the control tower, air-traffic controller Kevin Ford reported from another perspective: "It looked like a dropped pencil going straight down."

It didn't take long for errant rudder movement to surface as a possible cause of the crash. Witness reports and readings from the plane's flight-data recorder confirmed that the 737 had traced a classic aerobatic maneuver, known as a "split-S," into the ground. See graphic at left.

A split-S results from radically altering the symmetry of flight. Such a quick or severe change would be consistent with the right engine or right wing falling off, but that had not happened. The pilots could have moved the rudder to the extreme right, but to do so within 1,000 feet of the ground would be suicidal. The other possibility was that the rudder had moved on its own.

Investigators with the National Transportation Safety Board were unfamiliar with the intricacies of the plane's rudder-control system when they arrived in Colorado Springs to comb through N999UA's wreckage.

The NTSB examines 2,100 aviation accidents a year nationwide, as well as trucking, rail, pipeline and marine accidents. Its staff of 90 full-time investigators and 260 support personnel has an annual budget of $35 million. (By comparison, the Seattle Police Department has 1,269 officers and an annual budget of $117 million.)

While safety board investigators pride themselves on objectivity and scientific certainty, they rely almost exclusively on the parties they are investigating - aircraft manufacturers, suppliers and airlines - for the technical expertise needed to solve airplane crashes. The post-crash handling, testing and analysis of complex airplane parts - typically retrieved scorched or crushed - are routinely assigned to the aircraft builder and its suppliers.

Among the NTSB investigators assigned to the Colorado Springs case was Greg Phillips. His task: to assess what role, if any, the rudder played in the 737's crash. Phillips would work with experts from Boeing and Parker Bertea Aerospace, the Irvine, Calif., company that manufactures all 737 rudder power-control units, as well as representatives from United Airlines and the Air Line Pilots Association.

The burned and mangled rudder parts were retrieved from what remained of the plane's tail section and taken to United's maintenance center in San Francisco. Phillips was joined there by John Calvin, an engineer from Boeing's quality assurance lab, and Wally Walz, a senior engineer from Parker Bertea, among others.

They examined the yaw damper, but it had been crushed to about one-tenth of its original size by the crash impact and was useless for testing. That left the rudder's power-control unit, or PCU. It was severely burned, its main rod bent, its internal parts frozen.

When they dismantled the PCU, investigators noted a white, powdery substance on the internal components of the yaw damper, and tiny drops of water, bubbles and stringy chips of bronze in PCU cavities.

Then, investigators focused on a mechanism about the size of a soft-drink can which is at the heart of the PCU. Called the dual servo valve, it consists of a cylindrical metal slide about the size of a cigarette, which is positioned inside a slightly larger slide. The servo slides work together to direct the proper flow of pressurized hydraulic fluid used to move the rudder. See graphics on page at right.

The investigators found the servo's slides severely jammed and pounded them apart with a hammer.

It is crucial to keep even minute debris out of the servo valve because the spaces separating the slides from each other and from their housing wall are no more than 5 microns, a gap invisible to the human eye.

Contaminants could jam the slides or clog a valve opening, sending hydraulic fluid flowing in the wrong sequence and inadvertently moving the rudder.

However, the investigators didn't think the debris was important because the PCU's filtering system was thought to prevent anything dangerous from getting into the device and because they "hadn't seen any service history" indicating a problem of contaminants in PCUs, the safety board's Phillips said in an interview in August 1995.

As a result, they didn't try to identify the contaminants, determine how they got into the PCU or assess what jamming effect, if any, they might have produced.

"I can't say at the time there was a high level of concern about particulates in the fluid," Phillips said.

Later, there would be.

Three pieces missing

The investigators gathered on the morning of March 21, 1991, at United's San Francisco base to discuss taking the dismantled servo valve to Parker Bertea's plant in Irvine for further testing. That was because United didn't have the equipment to extensively test the servo's slides.

Walz, of Parker Bertea, was assigned to hand-carry the servo valve to Irvine. John Calvin, the quality-control engineer from Boeing, instructed an assistant to pack up the parts. According to court records, the assistant left the room and returned with a taped package, which he handed to Walz, who carried it on a flight to Southern California.

When Walz opened the package that afternoon at the Parker Bertea plant, he discovered that three servo-valve parts were missing: a spring, spring guide and end cap.

Boeing, citing ongoing litigation, has never explained why those three parts were left out of the package forwarded to Irvine.

Together, the three missing parts play a crucial role in the delicate sequence of channeling just the right amount of pressurized hydraulic fluid, at just the right moment, to move the rudder in the direction and to the degree the pilot or the automatic yaw damper has commanded. When precisely positioned inside the servo-valve housing, the spring, spring guide and end cap serve as an internal stop, preventing the outer slide from moving too far within the housing.

It would be another 18 months before investigators would discover that too much movement of the outer slide could be dangerous.

Part polished, then tested

As far as Phillips knew at the time, the three parts which John Calvin's helper failed to pack in San Francisco were inconsequential. Phillips concurred with a group decision to proceed with testing of the servo using a new spring, spring guide and end cap taken from Parker Bertea's stockroom.

"We agreed that we could test with other hardware and get valid data," Walz said in a court deposition last year in a lawsuit filed by the families of Colorado Springs victims.

Before reassembling the inner and outer slides, investigators used a power tool to smooth the servo valve's interior housing walls and the exterior of the outer slide, creating like-new surfaces.

This practice - the restoring of damaged parts to working condition before testing them and then absolving them of contributing to a crash - continues to be accepted procedure in National Transportation Safety Board investigations.

The polished inner and outer slides were placed back inside the servo-valve housing, along with the new spring, spring guide and end cap. Phillips and other NTSB investigators then watched as Parker Bertea engineers tested the United jet's servo valve, now reassembled with many new or refurbished parts.

The servo valve failed to transfer fluid and maintain pressure according to specifications, but the investigators agreed it worked well enough to conclude there was no evidence it contributed to the crash.

Boeing's theory: A freak wind

With the PCU now largely absolved of blame, the focus of the probe shifted away from the rudder. Boeing offered the theory that a freak gust of wind, bouncing like a horizontal tornado off the nearby Rocky Mountain foothills, flipped the jetliner into a split-S dive.

Boeing produced reams of data and a computer simulation to show how a sideways-swirling "wind rotor" could have caused the crash.

Some investigators expressed doubt about Boeing's theory, saying it would take incredible strength for wind to pull a 38-ton airplane into a split-S fall. For Boeing's theory to make sense, the rotor would have had to hit the aircraft head on and then turn earthward at just the right moment to drive it into the ground.

Nothing in aviation history suggested such a phenomenon was possible.

A crash in Panama, an alert pilot in Chicago

As the Colorado Springs probe continued, two developments shifted interest back to the 737's rudder controls.

On June 6, 1992, a Copa Airlines 737 was cruising high over Central America when it suddenly flipped and crashed in a jungle in Panama, killing all 47 on board. At the invitation of Panamanian authorities, Phillips and another NTSB investigator, Tom Haueter, traveled to Panama to lead the investigation.

Haueter and Phillips, assisted by experts from Boeing and its suppliers, deduced that a frayed wire in a cockpit instrument most likely contributed to pilot error causing the crash. But their findings weren't conclusive, and suspicion remained that an errant rudder movement may have caused the plane to flip.

Then, in August 1992, an anonymous caller alerted the NTSB that United had made a troubling discovery while testing a rudder PCU removed from a 737 jetliner in Chicago a month earlier.

On July 16, United Captain Mack Moore hadn't liked the way his 737 rudder pedals were behaving during a routine pre-takeoff systems check at O'Hare International Airport. The right pedal seemed stiffer than usual and Moore could push the left one only about a quarter of the way to the floor.

United removed the PCU from Moore's jet, ferried it to the airline's maintenance center in San Francisco and began experimenting with it. There, sources say, a mechanic discovered that he could trigger a specific kind of rudder malfunction, called a reversal, by putting the spring, spring guide and end cap slightly out of adjustment. See graphic at left.

The mechanic established that a PCU could receive a command to move the rudder left - yet move the rudder instead to the extreme right. The reversal happened if the spring, spring guide and end cap were not in the precise alignment needed to prevent the outer slide from moving too far.

Probe is taken to new level

When the safety board's Phillips and his supervisor, Bud Laynor, director of the agency's office of air safety, learned about United's finding, they recalled the Colorado Springs investigation: The Boeing engineer's assistant had failed to pack the spring, spring guide and end cap with the other Colorado Springs PCU parts heading for more tests.

"That's when we got real smart," Phillips said.

The federal investigators called for a summit meeting of everyone involved in the rudder-control investigation. The power-control units from the jets that crashed in Panama and Colorado Springs were to be brought to Boeing's labs in Seattle to be tested alongside the unit pulled from Mack Moore's plane in Chicago.

By then, though, the springs, spring guides and end caps from the United and Copa jets had long since been disassembled and reassembled, eliminating evidence of how the parts were aligned as each crash occurred.

Nonetheless, the safety board's Laynor says he insisted that the original spring, spring guide and end cap from the 737 that crashed in Colorado Springs be found and restored to the PCU for the summit tests. When the parts were presented for testing, Laynor said he recognized the end cap as having burn marks similar to those he remembered seeing in San Francisco, but he couldn't say for sure whether the spring and spring guide were from the Colorado Springs jet.

In a separate interview in August 1995, Boeing spokesman Steve Thieme said Boeing was "absolutely positive" they were all the original parts.

Investigation: unsolved

The summit tests took place in Boeing's Seattle labs in September 1992. The power-control units worked well enough that investigators agreed they could find no conclusive evidence of a rudder reversal as the cause of the Colorado Springs or Panama crash.

Not long after the Seattle tests, the NTSB convened a closed-door meeting at which the investigators made their final arguments for a probable cause in the Colorado Springs crash. The pilots' group and United pointed to the circumstantial evidence that the PCU must have somehow malfunctioned. Boeing urged the board to accept its wind-rotor theory.

In the end, the five-member board ruled it "could not identify conclusive evidence to explain" the crash. It suspended in a quandary what was to that date the most extensive air-crash investigation in its 28-year history.

But it wasn't the end of the safety board's concern raised by the so-called "Mack Moore incident" - when it was discovered that a 737 PCU could produce rudder movement opposite of a command from the pilot or yaw damper.

Acting on a safety board recommendation, the Federal Aviation Administration in March 1994 ordered airlines to replace the spring, spring guide and end cap in all 737 power-control units with parts re-engineered to assure proper alignment and engraved with serial numbers to help keep track of them. Airlines were given until March 1999 to make the changes, as long as they inspected the PCU every few months.

Kenneth Usui, the Boeing manager of airworthiness for the Renton division where the 737 is made, protested. In a letter to the FAA, Usui said that regular inspections were unnecessary and that airlines should be given seven years to make the upgrade.

British agency says Boeing knew of servo problem

Boeing maintains that, like the rest of the industry, it took the Mack Moore incident for the company to learn that the PCU could reverse itself. Some investigators, however, were skeptical.

A January 1995 report by the British Air Accidents Investigation Branch buttressed the belief of some investigators that Boeing had known about the rudder-control problem for years.

The agency, the British equivalent of the NTSB, had investigated why an elevator - a part on the horizontal tail section - had reversed momentarily on a British Airways 747-400 and pitched its nose down as it was climbing out of London.

The British agency blamed the 747 elevator reversal on the jamming of a servo valve similar to the one used in 737 rudders. Its report notes that, in the course of its investigation, Boeing informed the British agency that it had known about the servo's capacity to reverse since the mid-1970s.

From the Colorado Springs accident through the end of 1993, as safety officials hashed out improvements for the PCU, 11 more 737s crashed around the world. They included the accident in Panama as well as landing-approach crashes in China, Korea and India. The accidents drew scant public attention.

Rudder clues in India crash

Then on March 8, 1994, a Sahara India Airlines 737 flipped onto the runway at New Delhi Airport, killing nine people. Records indicate a rudder malfunction was immediately suspected.

Federal records show an NTSB investigator on the Colorado Springs crash and Boeing and Parker Bertea engineers were asked to examine the New Delhi airplane's rudder systems. Among those from Boeing was John Purvis, the company's director of air-safety investigations.

The accident happened as a veteran Sahara India 737 pilot was supervising touch-and-go landings with three pilot trainees in clear weather. With one of the trainees at the controls, the aircraft touched down, rolled along the runway and took off again, reaching an altitude of 400 feet.

Suddenly, the jet veered left and slammed back to earth near the airport's international terminal. Flaming parts skidded into a nearby Russian jet, setting it on fire. The four Sahara pilots, as well as five ground workers servicing the Russian plane, were killed.

Indian aviation authorities blamed the crash on pilot error. Yet there also was evidence suggesting the airplane's rudder had reversed to the left when the pilot had correctly commanded it to move right. In examining the plane's PCU, the American experts discovered its serial number had been removed and replaced with a number that was not familiar to Boeing or Parker Bertea. The unit evidently had been worked on by an unauthorized repair shop and assigned a bogus number.

Upon disassembling the PCU servo valve and checking the internal components, investigators also found that the spring guide had been machined to the wrong size and was similarly stamped with a bogus part number. Investigators reassembled the PCU with the improperly machined spring guide and ran it through lab tests. They found that, under certain conditions, the PCU reversed both to the left and to the right.

The reversals occurred when the inner slide jammed inside the outer slide as the pilot rapidly depressed a rudder pedal. The lab tests showed the outer slide would then move too far, directing fluid in a sequence that reversed the rudder.

Boeing's stand challenged

Boeing's Purvis took the position that only debris large enough and hard enough to leave marks could jam the servo slides. Since no scratches or nicks were found on the New Delhi jet's slides, he said jamming and rudder reversal couldn't have caused the crash.

But independent hydraulics experts say jamming can take place in servo valves without leaving any marks.

"There are a lot of different ways a valve can jam," said William Needleman, associate director of science and lab services at Pall Corp., a filter manufacturer. Numerous tests in industrial settings show soft particles, such as dirt, can jam valves temporarily. "When you unjam it and open the valve up, a lot of the contaminant washes away," Needleman said.

Nightmare over Honduras

A month after the New Delhi crash, there was another incident that focused attention on the 737's rudder.

On April 11, 1994, Captain Ray Miller was cruising a 7-year-old Continental Airlines 737-300 in clear, calm skies over Honduras when he heard a muffled thump. In the same instant, Miller felt the aircraft suddenly twist and roll violently to the right.

Miller disengaged the autopilot and turned the control wheel sharply to the left, holding it firm against stiff resistance. This deployed wing panels, called ailerons, to roll the plane left and thus counter the mysterious, insistent pull to the right.

"Our location was still well out over the water. I recognized that there was a very real possibility . . . that we just might lose total control of this thing and end up in the Gulf of Honduras," Miller reported afterward.

For the next 18 minutes, Miller and his co-pilot struggled to keep the jet from rolling over to the right. The pilots guessed that a piece of tail or fuselage had fallen or blown off, creating an unbalanced aircraft.

Whatever was happening, Miller was grateful it began at 37,000 feet. Fighting to control the jet as it descended, Miller had time to run through problem checklists and discuss with his co-pilot the best way to land the aircraft.

Had the problem started at a lower altitude and slower air speed, Miller reported, the flight would have been "non-survivable . . . due to the alarming and violent nature of the event, and the very confusing control responses and clues as to what is happening."

So concerned was Miller that he began broadcasting a description of his situation to any aircraft nearby that might be listening "because if they had to get the recorders out of the water someone needed to know what happened."

Miller and his co-pilot decided they needed to fly the jet much faster than normal to execute a safe landing. A higher landing speed would keep more air flowing over the wings, making the ailerons more effective in controlling the jet's tendency to roll to the right, they deduced.

The strategy worked. Miller brought the jet down safely. Once the 737 came to a stop, Miller hurried outside to inspect the aircraft. To his surprise, he found the plane's exterior parts in perfect order. Continental mechanics immediately removed the flight-data recorder, the yaw damper, the PCU and other parts, handing them over to Boeing for analysis.

Boeing disputes account

Records show Boeing concluded that hydraulic fluid had leaked from the PCU onto the yaw-damper signaling component, creating an open electrical circuit that inadvertently moved the rudder 2.5 degrees to the left. Such a deflection should have caused the jet to veer only slightly off course, something easily controllable by the pilots. Moreover, Boeing said the problem could not have lasted more than 110 seconds.

Those findings contradicted Miller's 9,500-word written statement, which detailed the steps he had to take for 18 minutes to keep the aircraft from veering out of control. Miller had squeezed the control wheel so hard that he injured his left hand.

After reviewing Boeing's findings and the pilot's report, the NTSB and FAA took no action.

Miller filed a follow-up report with his superiors, complaining that authorities didn't seem to be taking him seriously:

"I have been told by my company . . . that the FAA and Boeing (were) aware of the problems with the spurious rudder inputs but considered them to be more of a nuisance problem than a flight safety issue. I was informed, that so far as everyone was concerned, the rudder hard"overs were a problem but that the `industry' felt the losses would be in the acceptable range.

"I was being mollified into thinking the incident did not happen, and for the `greater good' it would be best not to pursue the matter. In other words I am expendable as are the passengers I am responsible for, because for liability reasons the FAA, Boeing et al cannot retroactively redesign the rudder mechanisms to improve their reliability."

 

Pittsburgh disaster adds to 737 doubts

Third of five parts

byron Acohido

Seattle Times aerospace reporter / Copyright, 1996, The Seattle Times Co.

It was a clear, windless autumn evening as USAir Flight 427 prepared to land in Pittsburgh. The flight, a sellout, had originated in Chicago and was scheduled to travel on to Philadelphia.

At the controls of the 8-year-old Boeing 737-300 on Sept. 8, 1994, were Capt. Peter Germano and First Officer Charles Emmett III. Between them, they had logged more than 6,900 hours flying 737s. Their plane had been regularly serviced, including a maintenance check a month earlier during which its rudder system was inspected.

As the flight attendants prepared the passengers for arrival, Germano and Emmett ran through the landing checklist and took instructions from the control tower. Air-traffic controller Richard Fuga instructed them to descend to 6,000 feet and slow to 190 knots (218.5 mph). Germano complied.

As it continued descending, Flight 427 flew into some air turbulence trailing off the wingtips of a Delta 727 flying four miles ahead. The jostling, reflected by a momentary jump in airspeed, appeared to be routine, posing no threat. But it caught the pilots off guard.

"Sheez," said Germano.

"Zuh," said Emmett.

A series of unidentified sounds were then captured by the cockpit recorder. Thump. Clickety-click. Pssssssst. Thump.

That's the moment investigators believe Flight 427's rudder moved suddenly to its extreme left - a movement known as a "hardover," which is not supposed to happen while a 737 is in the air - and locked in that position.

The next 24 seconds were captured by the cockpit voice recorder.

The jet peeled off to the left, like a fighter plane in a World War II movie. Then it rolled upside down and began falling out of the sky, nose pointed almost straight down.

"Whoa," exclaimed Germano. Clickety click. "Hang on."

The engines whined as the jet accelerated from 190 knots to 260 knots - nearly 300 miles per hour.

Emmett grunted.

"Hang on," Germano said again. A wailing horn warned that the autopilot had disconnected. "Hang on."

"Oh (expletive)," exclaimed Emmett.

"Hang on," Germano shouted. Some investigators believe that, at this point, Germano cranked his control wheel as hard as he could to the right, deploying wing ailerons in an attempt to counter the roll. When that proved fruitless, he exclaimed: "What the hell is this?"

The control yoke began shaking, warning the pilots that the wings were about to lose all lift. An altitude warning tone sounded.

With 12.9 seconds left, the following exchange took place:

Germano: "What the . . ."

Emmett: "Oh."'

Germano: "Oh God, oh God."

Emmett: "(expletive)."

Germano: "Pull."

The pilots yanked back on the control yoke in an attempt to raise the nose.

Emmett: "Oh (expletive)."

Germano: "Pull. Pull."

Emmett: "God."

Germano screamed.

Emmett: "No."

Plummeting at 300 mph, Flight 427 sliced into a wooded ravine and exploded in a huge fireball. In an instant, the gleaming, 50-ton jetliner, carrying 132 people, shattered into hundreds of thousands of smoldering pieces.

The crashes of 737s in Colorado Springs, Panama and New Delhi, and a near-crash in Honduras, had given experts from the National Transportation Safety Board and from Boeing a chance to increase their understanding of the ways a737 rudder could misbehave.

Many of these same investigators arrived in Pittsburgh the morning after the Sept. 8, 1994, crash. They were led by Tom Haueter and Greg Phillips, the safety board investigators who worked together on the 737 crashes in Panama and Colorado Springs.

In the Pittsburgh crash, there was no reason to suspect weather as a factor. That left the pilots and the airplane. Each would undergo intense scrutiny. First would be the plane.

Because eyewitness accounts, supported by radar data, depicted the jet twisting, then dropping straight down, a rudder hardover was immediately suspected.

Records show Phillips made it clear right from the start that he would impose stricter evidence-handling rules than he had during the futile probe of the 1991 Colorado Springs crash. He directed the meticulous removal of the rudder's control mechanism (called a power-control unit, or PCU) from the wreckage, making sure its hydraulic lines were capped to preserve the general positioning of key parts, as well as its fluid.

The PCU was stored for several days at a USAir hangar in Pittsburgh before being shipped to Boeing labs in Seattle. Because key parts had disappeared during the shipment of the PCU recovered from the Colorado Springs crash, Phillips insisted on chain-of-custody procedures documenting the handling of all the PCU parts. He even carried two small parts by hand to Seattle.

On Sept. 19, Phillips convened 20 investigators at Boeing's lab in Seattle, safety board records show. Half of them were Boeing engineers, and the rest represented Parker Bertea (the PCU's manufacturer), USAir, the Federal Aviation Administration and the Air Line Pilots Association.

Among the first things they found was that USAir had not yet upgraded the PCU servo valve's spring, spring guide and end cap on the ill-fated jet. Months earlier, in March, the FAA had ordered airlines to upgrade those parts to help prevent 737 rudders from reversing a routine command. USAir still had more than four years to meet the FAA's deadline.

The improved parts were designed to ensure the spring, spring guide and end cap always stayed in precise alignment. Investigators found the USAir jet's parts, though not yet upgraded, were adjusted "within acceptable limits."

The PCU then was shipped to Parker Bertea's lab in Irvine, Calif., where the investigators reconvened Sept. 21 for further analysis. This time all the parts showed up.

The hydraulic fluid filters were removed and drained and the PCU hung upside down to drain the rest of the fluid from the main cavity. The bent piston rod was removed and the cavity examined. No signs of abnormal wear were found inside the PCU.

A cover plate was then removed. Floating in the remaining hydraulic fluid and easily visible to the naked eye were small, shiny, metallic particles - flakes of aluminum-nickel-bronze, a material commonly used in bearings. Samples were taken, first with a syringe and then by pouring out the last of the contaminated fluid into a container.

A fixed-up PCU passes test

The investigators determined there was no way to test the PCU because all of the part's external levers, nuts and bolts were mangled. So, along with the bent piston, all the external parts were removed and replaced with new parts. The PCU was cleaned and injected with fresh hydraulic fluid. Only then was the unit tested.

It functioned normally.

Next, Boeing and Parker engineers ran a test to see if they could make the PCU reverse. They could not.

On Sept. 23, two weeks after the crash, Phillips signed a report concluding the Irvine tests had "validated" that the PCU was "capable of performing its intended functions" and was "incapable of rudder reversal or movement."

Phillips' finding was a victory for Boeing. If it held up, it could clear the airplane of responsibility for the crash and greatly lessen or eliminate any financial liability for Boeing.

Hydraulic fluid highly contaminated

But Phillips would go a few steps further than he did following the crash in Colorado Springs, where evidence of dirty fluid was largely ignored. He asked hydraulic fluid maker Monsanto Corp. to measure the contamination level of the small amounts of hydraulic fluid recovered from the Pittsburgh jet. And he directed Boeing to account for the metallic particles recovered from the PCU cavity.

Monsanto's measurements found the Pittsburgh jet's fluid to be 16 times more contaminated than hydraulic parts manufacturers recommend for aircraft systems.

Some investigators speculated that Flight 427's rudder could have swung hard over in response to a command from the yaw damper issued when the plane bumped into the wake of the 727. One way this could have occurred is if debris in the hydraulic fluid jammed the PCU servo valve's two internal slides just as the yaw damper was trying to make a quick rudder adjustment. See graphic at right.

To address the question of whether the slides may have jammed, investigators relied on logic which Boeing's air-safety chief, John Purvis, had developed to rule out rudder reversal in a New Delhi 737 crash earlier that year.

Engineers at Boeing's quality-assurance lab in Renton took a chip of high-strength steel and positioned it partially inside a tiny opening in the wall of one of the slides. The chip, indeed, caused one slide to jam against the other, one of the conditions necessary for a hardover but in doing so it etched a mark on the slide surface.

Since no similar marks were found in the Pittsburgh jet's servo valve, Boeing concluded, as it did in New Delhi, that dirty hydraulic fluid could not have caused the rudder to swing all the way to one side.

Boeing defies industry axiom

The NTSB's Phillips accepted Boeing's rationale despite a hydraulics industry axiom that jams tend to come and go, varying in severity and most often leaving no trace in the PCU.

Numerous studies show, for instance, that when debris jams a hydraulic valve, then breaks free, the valve is restored to perfect working order, said Leonard Bensch, corporate vice president of Pall Corp., a manufacturer of hydraulic-system filters.

"When the (debris) goes away, the valve works like brand new; put the (debris) back in and it doesn't work again," said Bensch, who is also an engineer.

Boeing conducted another test to discount the possibility that dirty hydraulic fluid was a factor in the Pittsburgh crash. John Carulla, a Boeing engineer, took a PCU like the one used on Flight 427 and set it up so that a powerful hydraulic actuator constantly pumped the slides back and forth. This created a vigorous flushing action, something that would never occur in flight.

Carulla then continuously added debris to the fluid until it was several times dirtier than the samples taken from the Pittsburgh jet. Although the hydraulic-fluid pumps failed several times and had to be replaced during the test, the PCU servo valve's slides never jammed.

Referring to Boeing's tests, Phillips, the safety board's top rudder expert, said in an August 1995 interview: "I honestly believe that we've proven that contamination wasn't a factor."

Safety measures are drafted

Despite his public statements indicating a lack of evidence of any specific rudder-control problem having caused the Pittsburgh crash, Phillips remained concerned. In March 1995, Phillips drafted a detailed list of proposed 737 rudder-related safety measures.

Phillips called for pilots to be alerted to the possibility of rudder hardovers and trained in special recovery maneuvers. He advocated redesigning the 737 rudder to drastically limit its range of movement during most phases of flight.

Phillips' proposals became the focus of heated debate between Boeing and the NTSB for the next 19 months. The debate took place outside the public view.

Phillips' list eventually grew to include mandatory, periodic hydraulic fluid sampling and a limit on the number of flights a PCU could be used before it had to be replaced or overhauled. He also suggested far-reaching improvements for the yaw damper and called for fitting all 737 cockpits with an instrument that would tell pilots the position of the rudder at all times.

Special panel asks: Was the crew at fault?

Meanwhile, Boeing had begun a campaign to blame the Pittsburgh accident on pilots Germano and Emmett. At a March 1995 NTSB meeting in Washington, D.C., Boeing presented a thick packet of documents loosely linking cases of pilot error over several decades to the Pittsburgh crash. The material included excerpts from dozens of psychological case studies about why pilots make mistakes.

At Boeing's request, the safety board created a special "human performance" committee to focus on the possibility that Germano or Emmett caused the crash. The committee was chaired by Dr. Malcolm Brenner, the National Transportation Safety Board's psychologist, and included a Boeing test pilot, Michael Carriker; a Boeing psychologist, Dr. Curtis Graeber; three USAir pilots and two representatives from the FAA.

In a series of meetings over several months, a debate unfolded as Carriker and Graeber made the case that one of the pilots must have stepped on the left rudder pedal and kept it depressed until it was too late to recover.

Graeber cited the case of a helicopter pilot who occasionally made the mistake of depressing his left foot pedal, instead of the right pedal, to turn right. Graeber said that was because, under stress, the pilot reverted to a familiar childhood memory: snow sledding. As a boy, he had steered his favorite snow sled by pushing his left leg forward to veer to the right.

Perhaps, Graeber argued, one of the USAir pilots made a similar mistake while trying to adjust for what should have been a routine encounter with wingtip turbulence from a jet flying well ahead.

Carriker and Graeber also suggested that one of the pilots may have depressed the rudder pedal as the result of a seizure, pointing to a 1980 incident involving a Frontier Airlines 737. In that instance, a co-pilot suffered a seizure, shoved the rudder pedal to the floor and nearly caused the plane to crash during landing.

NTSB won't release paper

The USAir pilots vehemently disputed Boeing's assertions.

In late January 1996, Carriker and Graeber distributed a 25-page position paper to the other panel members laying out Boeing's argument for why the airplane couldn't be blamed and why the pilots probably caused the Pittsburgh crash.

"They tried to attach it to the human factors group's factual report, but everybody raised so much hell, they withdrew it. It was so outrageous," said a source close to the special panel.

A week after distributing the report, Boeing asked the panel members to return or destroy all copies, sources said. The safety board denied a Seattle Times Freedom of Information Act request for that document on grounds it was preliminary, deliberative material not required to be released publicly.

Not surprisingly, word that Boeing was trying to persuade the NTSB to blame the crew did not sit well with many pilots. And it infuriated Chris Germano, the widow of Flight 427's pilot.

"My husband was a very careful, very meticulous pilot. He paid a lot of attention to his skills and he was physically ready to do his job," she said. "I have to deal with the fact that my husband's trust was violated. He walked on that airplane knowing that he was capable of doing his job and his plane wasn't up to it."

The NTSB committee so far has issued no finding on the role of the pilots.

Telling testimony from two engineers

With Boeing trying to blame the pilots and Phillips pushing to make 737s safer, two attorneys representing families of some Colorado Springs crash victims produced testimony that increased concern about the jets' rudder-control system.

The testimony came in depositions of Steve Weik and Shihyung Sheng, two of the Parker Bertea engineers involved in the investigations of the Colorado Springs and Pittsburgh crashes.

Weik and Sheng each unequivocally confirmed that any command to move the rudder slightly could result in a hardover in the direction commanded if both the PCU servo valve's inner and outer slides happened to jam simultaneously. Weik testified that this design characteristic was known "from day one" by both Boeing, which designed the PCU, and Parker Bertea, which built it.

Hydraulics experts consider such a dual jam to be highly unlikely. Nevertheless, Weik's and Sheng's disclosure meant an inadvertent rudder hardover theoretically was possible anytime a pilot depressed a rudder pedal or the yaw damper issued a signal to adjust the rudder - a command issued almost moment-to-moment on an average flight.

It also meant that a servo valve modified according to the FAA's upgrade order to prevent rudder reversals could still be dangerous. A properly adjusted spring, spring guide and end cap could prevent a rudder reversal - but could do nothing to stop hardovers in the direction commanded, caused by a dual jam. See graphic on previous page.

Boeing says jam `improbable'

In May 1995, the FAA completed a seven-month special review of the 737's control system and underscored the concern over dual-jam hardovers. The FAA's study pointed out that since the outer slide is rarely asked to move, it theoretically could jam - and remain stuck for some time - without pilots or mechanics noticing.

Under that circumstance, the 737 would be a single failure away from disaster: If the inner slide jammed with the outer slide already stuck, the result would be a sustained rudder hardover.

The FAA asked Boeing to assess the probability of such a thing happening in flight. Boeing produced not one but three reports, which the company submitted to the FAA sometime before August 1996.

According to Tom McSweeny, the FAA director of aircraft certification, the Boeing reports reconfirm what the company has asserted all along: that most rudder problems are controllable by the pilot and that rudder hardovers are "extremely improbable."

However, McSweeny refused a Seattle Times request for a copy of Boeing's reports, saying they contained proprietary business information. McSweeny also said "the fact of the matter is, the average public isn't able to understand" the material. "That's why the FAA was created," he said, "to step in and do something."

"We have completed our review," McSweeny said. "And we concur with (Boeing's) analysis."

Background/Related Information

 

World's most flown jet deserves close scrutiny where safety is involved

by Michael R. Fancher
Times executive editor


The next time you're near an airport, take a moment to watch the planes take off and land. You won't wait long before seeing a Boeing 737.

In that moment you can begin to understand why The Seattle Times today is launching a five-part series about air safety and the 737.

Consider that the airliner you see is just one of more than 2,700 737s in service, the most widely used airliner in the world. The passengers inside the 737 you watch are a tiny fraction of the thousands of people who fly on them every day.

Consider, too, that flying on any airliner is about as safe as commercial travel gets. Statistically, the likelihood of a commercial jet crashing is microscopic.

But it happens.

And, when it does, people die by the dozens or hundreds. Lives are shattered. Loved ones are left to ask, "What happened? Why did it happen? Could it have been prevented?"

In the moment you watch that 737 move through the air, realize those haunting questions remain unanswered in two 737 fatal crashes: United Airlines Flight 585 in Colorado Springs on March 3, 1991, killing 25 passengers and crew members; and USAir Flight 427 near Pittsburgh on Sept. 8, 1994, killing all 132 on board.

Also unresolved are disturbing concerns about whether the 737 has a flawed rudder system. Dozens of other crashes or near-crashes and hundreds of lesser incidents have troubled pilots and federal officials almost since the plane first started flying three decades ago.

Less than two weeks ago, the National Transportation Safety Board recommended a series of potentially costly rudder-system changes in the 737, although the plane's rudder system has not been officially blamed for those accidents.

Boeing has disputed that there is any problem with the 737 ever since investigators began looking closely after the 1991 crash in Colorado. Boeing maintains there is no evidence supporting the call for changes, even though it has decided to include a major one in new 737s.

Our series this week, written by Times aerospace reporter Byron Acohido, examines this situation in exhaustive detail. Byron, whose writing has focused on airliner safety since 1988, has worked on this package for two years.

His series is not so much about the 737 as it is about all the ways the system - from accident investigation to safety mandates to legal liability - are tilted away from identifying and fixing problems with commercial airplanes. The 737 is a good example, because it is such a popular plane and because the rudder problem could have caused at least two tragic crashes and the loss of more than 150 lives.

The series looks at how Boeing participates in investigations and influences their findings. It explores how product-liability laws affect manufacturers like Boeing and how Boeing has responded to lawsuits by family members of 737 crash victims. It examines the accumulating evidence that prompted the safety board to act, but not until 19 months after its investigators first urged changes for the 737 rudder system.

And it describes how years may pass before any changes are made to the full fleet of 737s.

This is explanatory journalism that takes readers beyond daily headlines to a deeper understanding of an important public issue. We write about this because virtually all our readers at one time or another go to Seattle-Tacoma International Airport and get on an airplane, often a Boeing 737, and because most commercial jets are built here.

For the record, it must be said that Boeing officials refused to be interviewed for this series. Their initial rejection came this spring in response to a letter from The Times setting out the scope of our inquiry. It was repeated last week when we alerted company officials the story was nearing completion.

Boeing's position is that they don't trust Byron Acohido to treat them fairly. It's an argument that doesn't fly.

Set aside his years of experience in this field. Never mind that he has reported thoroughly on all aspects of the United 585 and USAir 427 crashes. Forget the numerous awards he has won, including an award from the Aviation/Space Writers association for distinguished reporting on air safety.

Byron's reporting style is aggressive and he doesn't run with the journalistic pack. But that's why he was probably the first reporter in the country to cut through the terrorist bomb or missile hysteria and raise the possibility that mechanical failure brought down TWA Flight 800 in New York this summer.

Boeing's contention doesn't get off the ground because the record doesn't support it.

Officials at Boeing have complained about Byron for years, including one period during the early '90s when they lobbied Times executives aggressively to have him removed from the beat. Their pattern was to refuse to answer his questions before publication, then to complain after publication.

The Times has listened and responded thoughtfully to each criticism. Byron's reporting has held up.

Our position has consistently been that Boeing's stonewalling has made our job of being fair and accurate much more difficult and that the company could help us and itself by being more responsive.

We proved that in 1994, when Boeing officials said they would not be interviewed for a series The Times was preparing on the 777 because Byron was involved. After extensive discussions, including one with Boeing's then-chairman Frank Shrontz, Boeing relented and made company executives and engineers available to answer questions.

The result was an award-winning story that Boeing applauded. The firm even got extra copies to distribute.

That experience alone should have prompted them to make themselves available to answer questions for the series that starts today. Because they wouldn't, our reporting has relied on thousands of pages of federal records, airline reports, Boeing documents, legal briefs filed in accident cases, and interviews with dozens of industry sources.

Let's face it. No single word in a Seattle Times story is likely to affect as many readers as "Boeing." So far this year, the company has been mentioned in about 160 front-page articles, including stories about billion-dollar deals, increasing production capacity, new jobs, foreign trade, community service, stock prices and safety issues.

Just Thursday, it was on the front page in a report on its strong third-quarter profits, reflecting the turnaround in the aerospace business from just a year ago.

Boeing deserves credit for contributing significantly to the role of commercial aviation in our lives and to making it the safest way to travel. The company has thrived as the world's dominant supplier of airliners, and our region has benefited greatly from its success.

Boeing is big news, and we have to get it right.

We're confident that anyone who reads this series from beginning to end will find it authoritative and fair. What they won't find are Boeing's answers to these questions:

-- Since Boeing has decided to put rudder limiters on new models of its 737, why does it oppose rudder limiters for the existing fleet?

-- What role did Boeing play in delaying for 19 months the NTSB staff recommendations of safety improvements for the rudder power-control system? Why does Boeing oppose most of them?

-- Has Boeing compiled estimates of how much it would cost to implement 737 fleet-wide safety improvements recommended by the NTSB, how much it would cost the airlines to pull their 737s from service for such improvements, and how much a ruling that the rudder malfunctioned in Pittsburgh or Colorado Springs could cost Boeing?

-- Has Boeing conducted a cost-benefit analysis that measures those costs against the possible liability claims from future B737 crashes?

-- Does Boeing have a corporate policy to never acknowledge a design problem with one of its airplanes to avoid or diminish product-liability exposure?

The next time you see a 737 in the air or climb aboard one, take a moment to consider the importance of those questions.

In the meantime, The Times will keep trying to get the answers. Inside The Times appears each Sunday. If you have a comment about news coverage, write to Michael R. Fancher, P.O. Box 70, Seattle, WA 98111, call 464-3310, or send
e-mail to: mfan-new@seatimes.com 
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Air Safety is the triumph of imagination over intelligence