39574 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Proposed Rules

your disposable pay available for

withholding.

(i) Amounts withheld. (1) Your

employer must deduct from your

disposable pay during each pay period

the garnishment amount described in

paragraph (i)(2) of this section.

(2) Except as shown in paragraphs

(i)(3) and (i)(4) of this section, the

amount of garnishment will be the

lesser of:

(i) The amount stated on the

garnishment order, not to exceed 15% of

your disposable pay; or

(ii) The amount in 15 U.S.C.

1673(a)(2) (Restriction on Garnishment).

The amount in 15 U.S.C. 1673(a)(2) is

the amount by which your weekly

disposable pay is greater than thirty

times the minimum hourly wage. See 29

CFR 870.10.

(3) If your pay is subject to other

withholding orders, the following

applies:

(i) Unless otherwise provided by

federal law, withholding orders issued

by us must be paid in the amounts in

paragraph (i)(2) of this section, and will

have priority over other withholding

orders issued later. However,

withholding orders for family support

have priority over withholding orders

issued by us.

(ii) If amounts are being withheld

from your pay because of a withholding

order issued before we issued our

withholding order, or because of a

withholding order for family support

issued at any time, the earlier or family

support order will have priority, and the

amount withheld because of the SBA

withholding order will be the lesser of:

(A) The amount calculated under

paragraph (i)(2) of this section, or

(B) An amount equal to 25% of your

disposable pay minus the amount

withheld under the withholding order

with priority.

(iii) If you owe more than one debt to

an agency, we may issue multiple

withholding orders if the amount

withheld from your pay does not exceed

the amount in paragraph (i)(2) of this

section.

(4) You may give written consent for

us to withhold from your pay an amount

greater than that in paragraphs (i)(2) and

(i)(3) of this section.

(5) Your employer must pay to us as

soon as possible all amounts withheld

under a withholding order.

(6) Your employer is not required to

change normal pay cycles to provide for

the withholding order.

(7) No assignment or allotment of

your earnings you have requested may

interfere with or prohibit our

withholding order. The one exception to

this rule is that you may assign or allot

earnings because of a family support

judgment or order.

(8) The withholding order will state a

reasonable time period within which

your employer must begin wage

withholding. Your employer must

withhold the designated amount from

your wages each pay period until we

notify your employer to stop wage

withholding.

(j) Exclusions from garnishment. We

may not garnish your wages if we know

you have been involuntarily

unemployed at any time during the last

12 months. You are responsible for

informing us of the facts and

circumstances of your unemployment.

(k) Financial hardship. (1) You may

request us to review the amount being

withheld from your wages. You must

base this request on a material change

in circumstances that causes you

financial hardship, such as disability,

divorce, or catastrophic illness.

(2) If you request review under

paragraph (k)(1) of this section, you

must specifically state why the current

amount of garnishment causes you

financial hardship and you must send

documentation supporting your claim.

(3) If we find financial hardship, we

will decide how much and how long to

reduce the amount withheld from your

pay. We will notify your employer of

any reductions.

(l) Ending garnishment. (1) After we

have recovered the amount you owe,

including interest, penalties, and

administrative costs consistent with the

FCCS, we will send a notice to your

employer to stop wage withholding.

(2) At least annually, we will review

your account to ensure that withholding

has stopped if you have paid your debt

in full.

(m) Prohibited actions by the

employer. No employer may fire, refuse

to employ, or take disciplinary action

against you because of a withholding

order.

(n) Refunds. (1) We must promptly

refund any amount collected by

administrative wage garnishment if

either—

(i) A Judge, after a hearing held under

paragraph (f)(3) of this section,

determines you do not owe a debt to the

United States; or

(ii) We determine that your employer

continued withholding wages after you

had paid your debt in full.

(2) Refunds of amounts collected will

not earn interest unless required by

federal law or contract.

(o) Right of action. We may sue your

employer if your employer fails to

comply with the order to withhold from

your wages. However, we may not file

a suit until your collection action has

ended unless the expiration of a statute

of limitations period requires action.

Your collection action ends when we

stop the collection action as required by

the FCCS or other applicable standards.

Your collection action also ends if we

do not receive any garnishment

payments from your employer for one

(1) year.

Dated: June 7, 2000.

Aida Alvarez,

Administrator.

[FR Doc. 00–15923 Filed 6–26–00; 8:45 am]

BILLING CODE 8025–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–146–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–100, –200, –300, –400, and

–500 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Boeing Model 737–100, –200,

–300, –400, and –500 series airplanes.

This proposal would require inspection

of wire bundles in two junction boxes

in the main wheel well to detect chafing

or damage, and follow-on actions. This

action is necessary to prevent wire

damage, which could result in arcing

and consequent fire in the main wheel

well or passenger cabin, or inability to

stop the flow of fuel to an engine or to

the auxiliary power unit in the event of

a fire. This action is intended to address

the identified unsafe condition.

DATES: Comments must be received by

August 11, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

146–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-nprmcomment@faa.gov. Comments

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Proposed Rules 39575

sent via fax or the Internet must contain

‘‘Docket No. 2000–NM–146–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

the proposed rule 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.

FOR FURTHER INFORMATION CONTACT:

Stephen Oshiro, Aerospace Engineer,

Systems and Equipment Branch, ANM–

130S, FAA, Transport Airplane

Directorate, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2793; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed 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 above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

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 proposed 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 proposed 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

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000-NM–146–AD.’’

The postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

2000–NM–146–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received reports

indicating that damaged electrical

wiring has been found in a junction box

formed by electrical disconnect brackets

on the right side of the main wheel well

on certain Boeing Model 737 series

airplanes. Several airplane systems—

including the autopilot, the fuel shutoff

valve for the right engine, and the fuel

shutoff valve for the auxiliary power

unit (APU)—failed as a result of the

damaged wiring. The damaged wiring

has been attributed to wire bundles

chafing against the inside surface of the

cover of the junction box. A similar

junction box is located on the left side

of the main wheel well. Damaged wiring

in these junction boxes, if not corrected,

could result in arcing and consequent

fire in the main wheel well or passenger

cabin, or inability to stop the flow of

fuel to an engine or to the APU in the

event of a fire.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Service Letter 737–SL–24–111,

dated February 27, 1996, which

describes procedures for a one-time

inspection to detect chafing or damage

of wire bundles in two junction boxes

in the main wheel well. The subject

junction boxes are located on the left

and right sides of the main wheel well,

between body stations 716 and 727 at

water line 202, where the wire bundles

pass through the pressure seals to

connectors on the disconnect brackets.

The service letter also describes

procedures for protecting the wiring

from future damage by tying or

supporting the wire bundles to prevent

them from chafing against the cover

plate of the junction box during airplane

operations, or wrapping the wire

bundles in Teflon tape or Teflon

sleeving and lacing tape. The service

letter references Boeing Standard Wiring

Practices Manual D6–54446, Subjects

20–10–13 and 20–00–11, as the

appropriate sources of repair

instructions if any damaged wiring is

found. Accomplishment of the actions

specified in the service letter is

intended to adequately address the

identified unsafe condition.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

require accomplishment of the actions

specified in the service letter described

previously, except as discussed below.

Difference Between Service Letter and

This Proposed AD

Operators should note that, while the

service letter does not specify the type

of inspection of the wire bundles to

detect chafing, this proposed AD would

require a detailed visual inspection to

detect chafing of the wire bundles. A

note has been included in this proposed

rule to define that inspection.

Operators also should note that this

proposed AD would require the

inspection be accomplished within 12

months after the effective date of the

AD. The service letter does not specify

a compliance time for the described

actions. In developing an appropriate

compliance time for this proposed AD,

the FAA considered the degree of

urgency associated with addressing the

subject unsafe condition, the average

utilization of the affected fleet, and the

time necessary to perform the actions

(approximately 4 hours). In light of all

of these factors, the FAA finds a 12-

month compliance time for initiating

the required actions to be warranted, in

that it represents an appropriate interval

of time allowable for affected airplanes

to continue to operate without

compromising safety.

Cost Impact

There are approximately 2,462

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

971 airplanes of U.S. registry would be

affected by this proposed AD, that it

would take approximately 4 work hours

per airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. The cost of

required parts would be negligible.

Based on these figures, the cost impact

of the proposed AD on U.S. operators is

estimated to be $233,040, or $240 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this proposed AD were not adopted. The

cost impact figures discussed in AD

39576 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Proposed Rules

rulemaking actions represent only the

time necessary to perform the specific

actions actually required by the AD.

These figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

Regulatory Impact

The regulations proposed herein

would 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 proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Boeing: Docket 2000–NM–146–AD.

Applicability: Model 737–100, –200, –300,

–400, and –500 series airplanes; line numbers

1 through 2707 inclusive; certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) 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 chafing of wire bundles in two

junction boxes in the main wheel well,

which could result in arcing and consequent

fire in the main wheel well or passenger

cabin, or inability to stop the flow of fuel to

an engine or to the auxiliary power unit in

the event of fire, accomplish the following:

Inspection

(a) Within 12 months after the effective

date of this AD, perform a detailed visual

inspection of the wire bundles in the

junction boxes formed by electrical

disconnect brackets on the left and right

sides of the main wheel wells to detect

damage or chafing, as specified in Boeing

Service Letter 737–SL–24–111, dated

February 27, 1996.

Note 2: For the purposes of this AD, a

detailed visual inspection is defined as:

Intensive visual examination of a specific

structural area, system, installation, or

assembly to detect damage, failure, or

irregularity. Available lighting is normally

supplemented with a direct source of good

lighting at intensity deemed appropriate by

the inspector. Inspection aids such as mirror,

magnifying lenses, etc., may be used. Surface

cleaning and elaborate access procedures

may be required.’’

(1) If no chafing is detected, prior to further

flight, protect the wire bundles from chafing

against the cover plate of the junction box,

in accordance with Method 1, Method 2, or

Method 3, as specified in the service letter.

(2) If any chafing is detected, prior to

further flight, repair the wiring in accordance

with the service letter, and protect the wire

bundles from chafing against the cover plate

of the junction box, in accordance with

Method 1, Method 2, or Method 3, as

specified in the service letter.

Note 3: Boeing Service Letter 737–SL–24–

111 references Boeing Standard

Wiring Practices Manual D6–54446,

Subjects 20–10–13 and 20–00–11, as the

appropriate sources of repair

instructions if any damaged wiring is

found.

Alternative Methods of Compliance

(b) 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

Aircraft Certification Office (ACO),

FAA, Transport Airplane Directorate.

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 4: 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

(c) 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.

Issued in Renton, Washington, on June 21,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–16237 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–122–AD]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–120, EMB–

120ER, and EMB–120RT Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain EMBRAER Model EMB–120,

EMB–120ER, and EMB–120RT series

airplanes. This proposal would require

removal of a certain fastener, if

applicable, and sealing of the

corresponding fastener hole. This action

is necessary to prevent contact between

one of the bolts that attaches the direct

current (DC) relay box on the left-hand

side of the airplane and one of the

power terminals of electrical emergency

contactor 2, which could result in a

short circuit in the DC relay box, and

consequent partial loss of the electrical

system, and degraded operation of

airplane systems. This action is

intended to address the identified

unsafe condition.