58966 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–313–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737–300, –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 all

Boeing Model 737–300, –400, and –500

series airplanes. This proposal would

require, among other actions, a one-time

detailed visual inspection of the fuel

quantity indicating system (FQIS)

wiring and fuel tubing on the inboard

side of the right wing rib wing buttock

line (WBL) 227 and on the aft side of

stringer No. 13 to determine if clearance

exists between the FQIS wire harness

and the refuel tube and tube coupling,

and to detect any loose or broken refuel

tube clamp or bracket or chafing of the

FQIS wire harness; and corrective

actions, if necessary. This action is

necessary to detect and correct chafing

and to prevent electrical contact

between the FQIS wiring and the

surrounding structure, which, in

conjunction with another wiring failure

outside the fuel tank, could result in fire

or explosion of the fuel tank. This action

is intended to address the identified

unsafe condition.

DATES: Comments must be received by

November 2, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

313–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

sent via fax or the Internet must contain

‘‘Docket No. 2000–NM–313–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:

Sherry Vevea, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–1360; 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–313–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–313–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received two reports of

chafing of the wire harness of the fuel

quantity indicating system (FQIS) in the

right main fuel tank inboard of right

wing station wing buttock line (WBL)

227. Both of these reports indicated that

wires were chafed down to the

conductor. Investigation of one of those

events revealed that the refuel tube

clamp broke due to a preload on the

clamp. The refuel tube shifted position,

and the refuel tube coupling chafed

against the FQIS wire harness. The tube

coupling has a knurled surface and a

lockwire that, if not located correctly,

can chafe the FQIS wiring. A chafed or

bare FQIS wire normally operates at five

volts and does not constitute an in-tank

ignition source without an additional

failure condition such as wire bundle

shorts outside the fuel tank.

Chafing and arcing between the FQIS

wiring and the surrounding structure, in

conjunction with another wiring failure

outside the fuel tank, could result in fire

or explosion of the fuel tank.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Boeing Alert Service Bulletin 737–

28A1168, dated September 26, 2000.

The service bulletin describes

procedures for a one-time detailed

visual inspection of the FQIS wiring and

fuel tubing on the inboard side of the

right wing rib WBL 227 and on the aft

side of stringer No. 13 to determine if

a 3⁄8-inch clearance exists between the

FQIS wire harness and the refuel tube

and tube coupling, and to detect any

loose or broken refuel tube clamp or

bracket or chafing of the FQIS wire

harness; and corrective actions, if

necessary. The corrective actions, if

necessary, involve the following:

•Readjusting the refuel tube;

•Relocating the bonding jumper away

from the FQIS wiring;

•Replacing the broken clamp with a

new clamp;

•Repairing the broken bracket or

replacing the broken bracket with a new

bracket;

• Securing the loose clamp or bracket;

•Replacing the wire harness with a

new wire harness;

•Repairing the wire harness;

• Splicing the wires; and

• Installing a teflon sleeve.

Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Proposed Rules 58967

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 bulletin

described previously, except as

discussed below. The proposed AD also

would require that operators submit a

plan to the FAA that identifies a

schedule for compliance with the

requirements of the proposed AD and

report results of inspection findings to

the manufacturer.

Difference Between This Proposed AD

and the Service Bulletin

The FAA recognizes that this

proposed AD would require entry into

the fuel tank, which would require

taking the airplane out of service for as

much as two days. This lengthy shop

visit, as well as the relatively short

compliance time (six months) required

to accomplish this proposed AD, make

it necessary for operators to engage in

compliance planning to ensure that,

when the deadline for compliance

arrives, all of the required actions have

been completed on all affected

airplanes. Therefore, paragraph (a) of

this proposed AD would require that

operators submit to the FAA a

compliance plan within 15 days after

the effective date. This will enable the

FAA to verify that all operators will be

able to meet the deadlines imposed by

this proposed AD.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Cost Impact

There are approximately 1,974

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

796 airplanes of U.S. registry would be

affected by this proposed AD.

It would take approximately 1 work

hour per airplane to accomplish the

proposed inspection, at an average labor

rate of $60 per work hour. Based on the

figures, the cost impact of the inspection

proposed by this AD on U.S. operators

is estimated to be $47,760, or $60 per

airplane.

It would take approximately 16 work

hours to accomplish the proposed

compliance plan, at an average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the

compliance plan proposed by this AD

on U.S. operators is estimated to be

$960.

The cost impact figures discussed

above are 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

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–313–AD.

Applicability: All Model 737–300, –400,

and –500 series airplanes, certificated in

any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To detect and correct chafing and to

prevent electrical contact between the fuel

quantity indicating system (FQIS) wiring and

the surrounding structure, which, in

conjunction with another wiring failure

outside the fuel tank, could result in fire or

explosion of the fuel tank, accomplish the

following:

Compliance Plan

(a) Within 15 days after the effective date

of this AD, submit a plan to the FAA that

identifies a schedule for compliance with

paragraph (b) of this AD. This schedule must

include, for each of the operator’s affected

airplanes, the dates and maintenance events

(e.g., letter checks) when the required actions

will be accomplished. For purposes of this

paragraph, ‘‘FAA’’ means the Principal

Maintenance Inspector (PMI) for operators

that are assigned a PMI, or the cognizant

Flight Standards District Office for other

operators. Information collection

requirements contained in this regulation

have been approved by the Office of

Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

Inspection and Corrective Actions

(b) Within 6 months after the effective date

of this AD, perform a one-time detailed

visual inspection of the FQIS wiring and fuel

tubing on the inboard side of the right wing

rib wing buttock line (WBL) 227 and on the

aft side of stringer No. 13 to determine if a

3⁄8-inch clearance exists between the FQIS

wire harness and the refuel tube and tube

coupling, and to detect any loose or broken

refuel tube clamp or bracket or chafing of the

FQIS wire harness, in accordance with

Boeing Alert Service Bulletin 737–28A1168,

dated September 26, 2000.

Note 2: For the purposes of this AD, a

detailed visual inspection is defined as: ‘‘An

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,

58968 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Proposed Rules

magnifying lenses, etc., may be used. Surface

cleaning and elaborate access procedures

may be required.’’

(1) If the clearance between the FQIS wire

harness and the refuel tube is less than 3⁄8-

inch, prior to further flight, readjust the

refuel tube, and relocate the bonding jumper

away from the wiring, if necessary, in

accordance with the service bulletin.

(2) If any loose or broken refuel tube clamp

or bracket is found, prior to further flight,

replace the broken clamp with a new clamp;

repair the broken bracket or replace the

broken bracket with a new bracket; and

secure the loose clamp or bracket; as

applicable; in accordance with the service

bulletin.

(3) If any chafing of the FQIS wiring

harness is found, prior to further flight,

replace the wire harness with a new wire

harness or accomplish the applicable

action(s) specified in paragraph (b)(3)(i),

(b)(3)(ii), or (b)(3)(iii) of this AD, in

accordance with the service bulletin.

(i) For jacket damage only that is less than

1-inch in length with no sign of abrasion to

the wire insulation: Install a teflon sleeve

over the wiring. At the next scheduled ‘‘C’’

Check, but no later than 15 months after the

effective of this AD, repair the wire harness

or replace the wire harness with a new wire

harness.

(ii) For jacket damage or a harness with an

exposed shield or conductor and the

insulation of the other wire is not damaged

(there can be no broken shield strands if the

shield wire is damaged or no broken wire

strands if the unshielded wire is damaged):

Install a teflon sleeve over the wiring

terminal and along the wire to the damaged

area.

(iii) For wire harness damage to the wire

shield of the shielded wire or to the

conductor of the unshielded wire: Splice the

wires and install a teflon sleeve over the

splice.

Reporting Requirement

(c) Submit a report of inspection findings

to Service Bulletin Engineering, Boeing

Commercial Airplane Group, P.O. Box 3707,

Mail Stop 2H–37, Seattle, Washington

98124–2207; at the applicable time specified

in paragraph (c)(1) or (c)(2) of this AD. The

report must include all the information

specified in paragraph K. of the

Accomplishment Instructions of Boeing Alert

Service Bulletin 737–28A1168, dated

September 26, 2000. Information collection

requirements contained in this regulation

have been approved by the Office of

Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.) and have been

assigned OMB Control Number 2120–0056.

(1) For airplanes on which the inspection

required by paragraph (b) of this AD is

accomplished after the effective date of this

AD: Submit the report within 10 days after

performing the inspection.

(2) For airplanes on which the inspection

required by paragraph (b) of this AD has been

accomplished prior to the effective date of

this AD: Submit the report within 10 days

after the effective date of this AD.

Alternative Methods of Compliance

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA PMI, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permits

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on

September 26, 2000.

John J. Hickey,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–25327 Filed 10–2–00; 8:45 am]

BILLING CODE 4910–13–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Chapter II

Portable Bed Rails; Advance Notice of

Proposed Rulemaking; Request for

Comments and Information

AGENCY: Consumer Product Safety

Commission.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Commission has reason

to believe that certain portable bed rails

may present an unreasonable risk of

injury. A portable bed rail is a device

intended to be installed on an adult bed

to prevent a child from falling out of the

bed. At least some bed rails are

constructed in a manner that children

can become entrapped between the

portable bed rail and the bed. This

entrapment can result in serious injury

or death.

This advance notice of proposed

rulemaking (ANPR) initiates a

rulemaking proceeding that could result

in a rule banning portable bed rails that

present an unreasonable risk of injury.

This proceeding is commenced under

the Federal Hazardous Substances Act.

The Commission solicits written

comments concerning the risks of injury

associated with portable bed rails, the

regulatory alternatives discussed in this

notice, other possible ways to address

these risks, and the economic impacts of

the various regulatory alternatives. The

Commission also invites interested

persons to submit an existing standard,

or a statement of intent to modify or

develop a voluntary standard, to address

the risk of injury described in this

notice.

DATES: Written comments and

submissions in response to this notice

must be received by December 4, 2000.

ADDRESSES: Comments should be

mailed, preferably in five copies, to the

Office of the Secretary, Consumer

Product Safety Commission,

Washington, D.C. 20207–0001, or

delivered to the Office of the Secretary,

Consumer Product Safety Commission,

Room 502, 4330 East-West Highway,

Bethesda, Maryland; telephone (301)

504–0800. Comments also may be filed

by telefacsimile to (301)504–0127 or by

email to cpsc-os@cpsc.gov. Comments

should be captioned ‘‘ANPR for Portable

Bed Rails.’’

FOR FURTHER INFORMATION CONTACT:

Patricia L. Hackett, Directorate for

Engineering Sciences, Consumer

Product Safety Commission,

Washington, D.C. 20207; telephone

(301) 504–0494, ext. 1309.

SUPPLEMENTARY INFORMATION:

A. The Product

A portable bed rail (PBR) is a device

intended to be installed on an adult bed

to prevent a child from falling out of the

bed. PBRs are intended for use by

children who can get in and out of bed

unassisted. (Manufacturers generally

recommend them for use with children

from two to five years old.) However,

many of the reported incidents of

injuries/death involved children

younger than two years.

A typical PBR generally includes a

vertical rail about fifteen inches in

height and four feet in length with two

or more horizontal arms at right angles

to the plane of the rail that are intended

to be slipped between the mattress

support or box springs and the mattress.

The PBR is held under the mattress by

a variety of slip-resistant knobs, pads or

other means intended to provide

frictional resistance. However, this

ANPR extends to any other designs that

may present an entrapment hazard to

young children.

The Commission has information

which indicates that PBRs with the

following characteristics have resulted

in injuries and deaths from entrapment

between the PBR and the mattress:

1. A vertical rail or rails intended to

prevent a child from falling out of an

adult bed.

2. Two or more horizontal arms, slats,

or other surfaces at right angles to the