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

Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Proposed Rules 58969

vertical plane of the rail that are

intended to be slipped between the

mattress support and the mattress.

3. Frictional resistance between the

horizontal arms, slats or other surfaces

of the PBR and the underside of the

mattress provided by slip-resistant

knobs, pads, or otherwise as the

intended means to prevent outward

movement of the PBR.

B. The Risk of Death or Injury

1. Description of Typical Incident

When a PBR is not installed snugly

against the mattress or when the rods/

bars that go under the mattress slip

outward, a child can be entrapped in the

resulting space between the PBR and the

mattress or between the rods/bars

themselves. The result can be an injury

or death by asphyxia or strangulation.

2. Death/Injury Data

The Commission has learned of

fourteen instances in which a PBR was

associated with the death of a child. The

cause of death in these incidents was

asphyxia or strangulation. In ten of

these incidents, death resulted from

entrapment between the PBR and

mattress. In one case the child slipped

between the rails of the PBR and in

another the child was found hanging

from a protrusion on a PBR. Lastly, two

children were found entrapped in the

space between the portable bed rail and

the headboard/bedpost of the bed.

Eleven of the fourteen fatalities

associated with PBRs were children

under two years of age.

In addition to the fatalities, the

Commission is aware of 40 non-fatal

incidents. Nine of these resulted in

injuries. The age range for the non-fatal

incidents is from 4 months to 5 years

old.

The incidents that resulted in death

are as follows:

a. March 6, 1990—A 7-month old

male suffocated when his body slipped

feet first through horizontal bars in a

PBR and he was pinned head first into

the mattress of a single size bed.

b. August 2, 1991—A 3-month old

male died of asphyxia when his head

became entrapped between the bottom

of a PBR and the mattress resulting in

his hanging. One of the L-shaped rods

had pulled out from under the mattress

of the full size bed.

c. October 31, 1991—A 15-month old

female died of mechanical asphyxia

when her neck and upper body were

pinned between a PBR and the mattress.

The PBR was installed on the lower

bunk of a bunk bed.

d. November 10, 1991—A 14-month

old male died of ligature strangulation.

He was found hanging by his shirt collar

which caught on a metal clip with a

small metal tab on the exterior of a PBR

installed on a single size bed.

e. June 23, 1993—A 2-year old female

died of positional asphyxia. The child,

who had brain deformities, was found

with her face inside a 2–3 inch gap

between the mattress and the attached

side rail of her toddler bed. The PBR

was designed with a tubular extension

to fit under the mattress to hold it in

place. The PBR was secured below the

mattress to the bottom slats of the bed

with string.

f. October 14, 1994—A 7-month old

male died of restrictive asphyxia when

his neck became entrapped in a 2–3

inch gap between the end of a

retractable bed rail and the bed post of

a small twin bed.

g. December 8, 1995—A 2.5-year old

female suffering from cerebral palsy

died of positional asphyxia. She was

found lying on her stomach between the

mattress of her ‘‘youth size’’ bed and a

PBR. The left side of her face was

against the mattress and a plastic sheet

that covered the mattress was covering

much of the child’s face.

h. March 7, 1996—A 5-month old

male died of asphyxia when he became

entrapped between a PBR and the

mattress on an adult bed. The child was

found face down with his face toward

the mattress.

i. January 15, 1997—A 19-month old

male died of pneumonia due to a

cervical injury sustained by hanging

when he became entrapped between a

PBR and the upper bunk mattress on the

wall side of a bunk bed. The victim was

found hanging/suspended with the back

of his head on the guard rail and his

mouth pressed into the mattress.

j. March 18, 1998—A 4-year old

mentally retarded male died of asphyxia

due to hanging when he became

entrapped between a wooden PBR with

vertical slats and the mattress of a

toddler bed. The victim’s head/neck

area was caught at the bottom of the bed

rail with his head against the mattress

and his torso and feet under the bed.

k. August 17, 1998—A 7-month old

male died of asphyxia when his head

became entrapped between the

headboard of a toddler bed and a youth

PBR.

l. November 7, 1998—A 5-month old

female died of asphyxiation when she

became entrapped between the mattress

of a king size bed and a PBR. She was

found with her chin on the mattress.

The medical examiner in this case

believed the child’s neck was resting on

the PBR causing strangulation.

m. April 29, 1999—A 4-month old

female died of positional asphyxia on a

toddler bed when she apparently rolled

between the mattress and the bed rail.

n. May 21, 2000—A 6-month old

female died of positional asphyxia on an

adult bed. She was found on her side

wedged between the mattress and the

bed rail.

C. Relevant Statutory Provisions

This proceeding is conducted

pursuant to the Federal Hazardous

Substances Act (FHSA), 15 U.S.C. 1261

et seq. Section 2(f)(1)(D) of the FHSA

defines ‘‘hazardous substance’’ to

include any toy or other article intended

for use by children that the Commission

determines, by regulation, presents an

electrical, mechanical, or thermal

hazard. 15 U.S.C. 1261(f)(1)(D). An

article may present a mechanical hazard

if its design or manufacture presents an

unreasonable risk of personal injury or

illness during normal use or when

subjected to reasonably foreseeable

damage or abuse. Among other things, a

mechanical hazard could include a risk

of injury or illness ‘‘(3) from points or

other protrusions, surfaces, edges,

openings, or closures, * * * or (9)

because of any other aspect of the

article’s design or manufacture.’’ 15

U.S.C. 1261(s).

Under section 2(q)(1)(A) of the FHSA,

a toy, or other article intended for use

by children, which is or contains a

hazardous substance accessible by a

child is a ‘‘banned hazardous

substance.’’ 15 U.S.C. 1261(q)(1)(A).

Sections 3(f) through 3(i) of the FHSA,

15 U.S.C. 1262(f)–(i), govern a

proceeding to promulgate a regulation

determining that a toy or other

children’s article presents an electrical,

mechanical, or thermal hazard. As

provided in section 3(f), this proceeding

is commenced by issuance of this

ANPR. After considering any comments

submitted in response to this ANPR, the

Commission will decide whether to

issue a proposed rule and a preliminary

regulatory analysis in accordance with

section 3(h) of the FHSA. If a proposed

rule is issued, the Commission would

then consider the comments received in

response to the proposed rule in

deciding whether to issue a final rule

and a final regulatory analysis. 15 U.S.C.

1262(i).

D. Regulatory Alternatives

One or more of the following

alternatives could be used to reduce the

identified risks associated with PBRs.

1. Mandatory rule. The Commission

could issue a rule declaring certain

PBRs to be banned hazardous

substances. This rule could define the

banned products in terms of physical or

performance characteristics, or both.

58970 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Proposed Rules

2. Labeling rule. The Commission

could issue a rule banning PBRs that did

not contain specified warnings and

instructions.

3. Voluntary standard. If the industry

developed, adopted, and substantially

conformed to an adequate voluntary

standard, the Commission could defer to

the voluntary standard in lieu of issuing

a mandatory rule.

E. Existing Standards

The Commission is not aware of any

promulgated state, voluntary, foreign,

international, or other standard dealing

with the described risk of injury or

death. In February 1998, the CPSC staff

requested that ASTM develop a

provisional standard for PBRs to address

the hazard of entrapment-related deaths.

In May 1999, CPSC staff drafted

proposed performance requirements and

submitted them to ASTM for

consideration. As of May 2000, the

ASTM Portable Bed Rail Subcommittee

had not balloted a proposed

performance standard for these

products.

F. Economic Considerations

1. PBR Sales and Numbers Available for

Use

Based on information gathered by the

CPSC Office of Compliance, eleven

firms produced a total of approximately

7.7 million PBRs during the period from

January 1988 to July 14, 1998.

Subsequent sales (1998 and 1999) were

reportedly stable. Thus, based on

available information, approximately

733,000 units are sold per year. The

retail cost of a PBR is in the range of

$15–$30.

No information is available on the

average product life of a PBR. CPSC staff

estimate that for the period of first use

an expected life of two years would be

appropriate. However, some units could

see use with subsequent children so

four years is estimated as a reasonable

upper bound on the expected useful life

of a PBR. Assuming an expected useful

life of four years and stable sales, there

may be as many as approximately 3

million PBRs in use at any one given

time (733,000 PBRs sold per year x 4

years).

2. Suppliers

CPSC staff has identified eleven firms

that marketed PBRs in the United States

during the period 1980–1998. There

may be other manufacturers or

importers that the staff has not

identified.

3. Substitutes

Substitutes for PBRs include beds

equipped with fixed side rails that are

designed for children in the two to five

year old age range or differently

designed PBRs that do not pose an

entrapment hazard.

4. Cost Effectiveness Considerations

The CPSC is aware of 14 deaths since

1990 that are directly attributable to

PBRs, for an average of 1.34 deaths per

year over that period. At a statistical

value of life of $5 million, the aggregate

cost to society from PBR-attributable

deaths is approximately $6.7 million

annually. This estimate does not

account for the costs associated with

non-fatal PBR-related injuries.

Using the death rate and annual sales

estimates noted above, CPSC staff

calculate that the expected societal cost

of those deaths over the life of a PBR is

approximately $9 per PBR. Thus, if

product improvements were 100%

effective in preventing the predicted

deaths, a cost per bed rail for the

improvements of $9 would be

economically justified. (The $9 per bed

rail societal cost represents between

30% and 60% of the retail price of a

PBR.)

G. Solicitation of Information and

Comments

This ANPR is the first step of a

proceeding that could result in a

mandatory rule for PBRs to address the

described risk of injury or death. All

interested persons are invited to submit

to the Commission their comments on

any aspect of the alternatives discussed

above. In particular, CPSC solicits the

following additional information:

1. The models and numbers of PBRs

produced for sale in the U.S. each year

from 1990 to the present;

2. The names and addresses of

manufacturers and distributors of PBRs;

3. The expected useful life of PBRs;

4. Comparisons of the utility obtained

from PBRs versus any available

substitute products;

5. The number of persons injured or

killed by the hazards associated with

PBRs;

6. The circumstances under which

these injuries and deaths occur,

including the ages of the victims;

7. An explanation of designs that

could be adapted to PBRs to reduce the

described risk of injury;

8. Physical or performance

characteristics of the product that could

or should not be used to define which

products might be subject to a rule;

9. The costs to manufacturers

involved in either redesigning PBRs to

remove the risk or removing PBRs from

the market;

10. Other information on the potential

costs and benefits of potential rules;

11. Steps that have been taken by

industry or others to reduce the risk of

injury from the product;

12. The likelihood and nature of any

significant economic impact of a rule on

small entities;

13. The costs and benefits of

mandating a banning, labeling, or

instructions requirement.

Also, in accordance with section 3(f)

of the FHSA, the Commission solicits:

1. Written comments with respect to

the risk of injury identified by the

Commission, the regulatory alternatives

being considered, and other possible

alternatives for addressing the risk.

2. Any existing standard or portion of

a standard which could be issued as a

proposed regulation.

3. A statement of intention to modify

or develop a voluntary standard to

address the risk of injury discussed in

this notice, along with a description of

a plan (including a schedule) to do so.

Comments should be mailed,

preferably in five copies, to the Office of

the Secretary, Consumer Product Safety

Commission, Washington, DC 20207–

0001, or delivered to the Office of the

Secretary, Consumer Product Safety

Commission, Room 502, 4330 East-West

Highway, Bethesda, Maryland 20814;

telephone (301) 504–0800. Comments

also may be filed by telefacsimile to

(301) 504–0127 or by email to cpscos@cpsc.gov. Comments should be

captioned ‘‘ANPR for Portable Bed

Rails.’’ All comments and submissions

should be received no later than

December 4, 2000.

Dated: September 27, 2000.

Todd A. Stevenson,

Deputy Secretary, Consumer Product Safety

Commission.

[FR Doc. 00–25279 Filed 10–2–00; 8:45 am]

BILLING CODE 6355–01–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

RIN 0960–AF13

Collection of Supplemental Security

Income (SSI) Overpayments From

Social Security Benefits

AGENCY: Social Security Administration.

ACTION: Proposed rules.

SUMMARY: We propose to revise our

regulations dealing with the recovery of

overpayments under the Supplemental

Security Income (SSI) program under

title XVI of the Social Security Act (the

Act). Under the proposed revisions, we

would modify our regulations to permit

SSA to recover SSI overpayments by