Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29467

§ 2.1012 Compliance.

(a) If the Department of Energy fails to

make its initial certification at least six

months prior to tendering the

application, upon receipt of the

tendered application, notwithstanding

the provisions of § 2.101(f)(3), the

Director of the NRC’s Office of Nuclear

Material Safety and Safeguards will not

docket the application until at least six

months have elapsed from the time of

certification. The Director may

determine that the tendered application

is not acceptable for docketing under

this subpart if the application is not

accompanied by an updated

certification pursuant to § 2.1009(b), or

if the Secretary of the Commission

determines that the application cannot

be effectively accessed through the

Commission’s electronic docket system.

* * * * *

Dated at Rockville, Maryland, this 24th day

of May 2001.

For the Nuclear Regulatory Commission.

Annette Vietti-Cook,

Secretary of the Commission.

[FR Doc. 01–13609 Filed 5–30–01; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NE–58–AD; Amendment

39–12239; AD 2001–10–13]

RIN 2120–AA64

Airworthiness Directives; Britax Sell

Gmbh & Co. OHG Water Boilers,

Coffee Makers, and Beverage Makers

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Britax Sell Gmbh &

Co. OHG water boilers, coffee makers,

and beverage makers. This action

requires inspecting the wiring for

indications of overheating or electrical

arcing, and if indications are found,

replacing the wiring. This amendment is

prompted by reports of discolored and

partially melted wires. The actions

specified in this amendment are

intended to prevent a fire in the galley

compartment due to inadequate

crimping of the electrical terminal

contact pins, which could result in

smoke in the cockpit and cabin and loss

of control of the airplane.

DATES: Effective June 15, 2001. The

incorporation by reference of certain

publications listed in the regulations is

approved by the Director of the Federal

Register as of June 15, 2001.

Comments for inclusion in the Rules

Docket must be received on or before

July 30, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 2000–NE–

58–AD, 12 New England Executive Park,

Burlington, MA 01803–5299. Comments

may also be sent via the Internet using

the following address: ‘‘9-aneadcomment@faa.gov.’’ Comments sent

via the Internet must contain the docket

number in the subject line.

The service information referenced in

this AD may be obtained from Britax

Sell GmbH & Co. OHG, MPL Mr. H.D.

Poggensee, P.O. Box 1161, 35721

Herborn Germany, telephone

international code 49–2772–707–0; fax

international code 49–2772–707–141.

This information may be examined at

the FAA, New England Region, Office of

the Regional Counsel, 12 New England

Executive Park, Burlington, MA; or at

the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Terry Fahr, Aerospace Engineer, Boston

Aircraft Certification Office, FAA,

Engine and Propeller Directorate, 12

New England Executive Park,

Burlington, MA 01803–5299; telephone

781–238–7155; fax 781–238–7199.

SUPPLEMENTARY INFORMATION: The

Luftfahrt-Bundesamt (LBA), which is

the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on certain

Britax Sell Gmbh & Co. OHG coffee

makers, water boilers, and beverage

makers. The LBA advises that there

have been 10 reports of discolored wires

and two reports of partially melted

wires. The crimping of the presently

installed Faston Terminals part number

(P/N) 3–520133–2 with blue nylon

insulation may be insufficient for

carrying the full electrical current

flowing through that terminal. The

insufficient crimping could cause an

increased contact resistance in the

terminal. The increased contact

resistance could result in an increased

terminal temperature, discoloration of

the insulation, and a melting of the

terminal insulation.

Manufacturer’s Service Information

Britax Sell Gmbh & Co. OHG has

issued service bulletins (SB’s) E33–4–

007SB, Revision 2, dated December 4,

2000; E33–4–009SB, dated October 24,

2000; E33–4–010SB, dated October 20,

2000; E33–4–011SB, dated October 21,

2000; E33–4–012SB, dated October 24,

2000; E33–4–013SB, dated October 23,

2000; E33–4–014SB, Revision 1, dated

November 6, 2000; E33–4–015SB, dated

October 23, 2000; and E33–4–016SB,

Revision 1, dated November 6, 2000;

that specify procedures for replacing the

wires on temperature limiters installed

on certain P/N water boilers, coffee

makers, and beverage makers. The LBA

classified these service bulletins as

mandatory and issued AD 2000–379 in

order to assure the airworthiness of

these products in Germany.

Bilateral Airworthiness Agreement

These appliances are manufactured in

Germany and are used on airplanes that

are type certificated for operation in the

United States under the provisions of

§ 21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the LBA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the LBA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

used on airplanes certificated for

operation in the United States.

Requirements of This AD

Since an unsafe condition has been

identified that is likely to exist or

develop on other appliances that are

used on aircraft registered in the United

States, this AD is being issued to

prevent a fire in the galley compartment

due to inadequate crimping of the

electrical terminal contact pins, which

could result in smoke in the cockpit and

cabin and loss of control of the airplane.

This AD requires an inspection for

discoloration or melting of the wires,

and if discolored or melted, the

replacement of wires on the temperature

limiters installed on certain water

boilers, coffee makers, and beverage

makers with P/N’s that are listed in this

AD. The replacements must be done in

accordance with the service bulletins

described previously.

Immediate Adoption

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

29468 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000-NE–58-AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

This final rule does not have

federalism implications, as defined in

Executive Order 13132, because it

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.

Accordingly, the FAA has not consulted

with state authorities prior to

publication of this final rule.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and is not a ‘‘significant regulatory

action’’ under Executive Order 12866. It

has been determined further that this

action involves an emergency regulation

under DOT Regulatory Policies and

Procedures (44 FR 11034, February 26,

1979). If it is determined that this

emergency regulation otherwise would

be significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

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:

2001–10–13 Britax Sell Gmbh & Co. OHG:

Amendment 39–12239. Docket 2000-NE–

58-AD.

Applicability

This airworthiness directive (AD) is

applicable to certain Britax Sell Gmbh & Co.

OHG water boilers, coffee makers, and

beverage makers, listed by part number (P/N)

and serial number (SN) in Table 1 of this AD.

These products are installed on but not

limited to Airbus Industrie A319, A320,

A330, AVRO RJ, Boeing Company 717, 737,

747, 757, 767, 777, and Bombardier RJ

airplanes.

Note 1: This AD applies to each appliance

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

appliances 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 (c) 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

Compliance with this AD is required

within 50 flight hours after the effective date

of this AD, unless already done.

To prevent a fire in the galley compartment

due to inadequate crimping of the electrical

terminal contact pins, which could result in

smoke in the cockpit and cabin and loss of

control of the airplane, do the following:

(a) Inspect wire terminals (faston type) on

temperature limiters of remote water boilers,

coffee makers, water boilers, and beverage

makers that are listed by P/N in Table 1 of

this AD for discoloration or melting of wire

terminal insulation.

(b) If terminal insulation is discolored or

melted, replace the entire wire in accordance

with the applicable service bulletin (SB)

specified for the appliance in Table 1 as

follows:

TABLE 1.—APPLIANCE P/N AND APPLICABLE SB FOR WIRE REPLACEMENT

Appliance Appliance P/N SN Tank assembly P/N Replace wiring in accordance with

SB

(1) Remote Water Boiler 62204–001–029,

62204–001–031,

62204–001–037,

62204–001–043,

62204–001–047, and

62204–001–049.

00–04–0001 thru 00–

07–0033 and 00–07–

0038.

62203–001–005 and

62203–001–007.

E33–4–007SB, Revision 2, dated

December 4, 2000, Accomplishment Instructions 3.A. through

3.O.

(2) Coffee Maker ............ (i) 64755 ........................ 00–05–0001 and 00–

09–0003.

64761–025–001 ............ E33–4–009SB, dated October 24,

2000, Accomplish Instructions 3.A.

through 3.J.

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29469

TABLE 1.—APPLIANCE P/N AND APPLICABLE SB FOR WIRE REPLACEMENT—Continued

Appliance Appliance P/N SN Tank assembly P/N Replace wiring in accordance with

SB

(ii) 64753–001–003 ....... 00–01–0001 thru 00–

08–0060, 00–07–

0065 thru 00–09–

0079.

64761–025–001 ............ E33–4–011SB, dated October 21,

2000, Accomplish Instructions 3.A.

through 3.J.

(iii) 64753–201–003 ...... 00–05–0001 and 00–

05–0002.

64761–025–001 ............ E33–4–012SB, dated October 24,

2000, Accomplish Instructions 3.A

through 3.J.

(iv) 64769–001–005 and

64769–001–007.

00–04–0001 thru 00–

09–0033.

64769–025–003 ............ E33–4–013SB, dated October 23,

2000, Accomplish Instructions 3.A.

through 3.Q.

(v) 64790–1 ................... 00–08–0001 thru 00–

08–0003.

64790–331–001 ............ E33–4–015SB, dated October 23,

2000, Accomplish instructions 3.A.

through 3.L.

(3) Water Boiler .............. 62197–001–001 ............ 00–04–0001 thru 00–

05–0023, 00–08–

0026, thru 00–09–

0052 and 00–09–

0055.

62197–015–001 ............ E33–4–010SB, dated October 20,

2000, Accomplish Instructions 3.A.

through 3.S.

(4) Beverage Maker ....... (i) 64771–001–001 ........ 00–04–0013 thru 00–

04–0039, 00–04–

0043 thru 00–08–

0302, 00–08–0307

thru 00–08–0346, and

00–09–0368 thru 00–

09–0371.

64771–025–005 ............ E33–4–014SB, Revision 1, dated

November 6, 2000, Accomplishment Instructions 3.A. through 3.J.

(ii) 64771–001–003 ....... 00–02–0001 thru 00–

03–0005, 00–04–

0007 thru 00–04–

0012, 00–04–0042

thru 00–04–0042, 00–

04–0053 thru 00–04–

0057, 00–05–0087

thru 00–05–0094, 00–

07–0135 thru 00–07–

0138, 00–08–0303

thru 00–08–306, 00–

08–0347 thru 00–08–

0354, and 00–09–

0365 thru 00–09–

0367.

64771–025–001 ............ E33–4–016SB, Revision 1, dated

November 6, 2000, Accomplishment Instructions 3.A. through 3.J.

Alternative Methods of Compliance

(c) 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, Boston

Aircraft Certification Office (ACO). Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Boston ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Boston

ACO.

Special Flight Permits

(d) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the aircraft to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference Material

(e) The actions required by this AD shall

be performed in accordance with the

following Britax Sell Gmbh & Co. OHG

service bulletins, as applicable:

Document No. Pages Revision Date

E33–4–007SB; Total pages: 7 .................................................................................. All ..................... Revision 2 ......... December 4, 2000.

E33–4–009SB; Total pages: 5 .................................................................................. All ..................... Original ............. October 24, 2000.

E33–4–010SB; Total pages: 5 .................................................................................. All ..................... Original ............. October 20, 2000.

E33–4–011SB; Total pages: 5 .................................................................................. All ..................... Original ............. October 21, 2000.

E33–4–012SB; Total pages: 5 .................................................................................. All ..................... Original ............. October 24, 2000.

E33–4–013SB; Total pages: 5 .................................................................................. All ..................... Original ............. October 23, 2000.

E33–4–014SB; Total pages: 5 .................................................................................. All ..................... Revision 1 ......... November 6, 2000.

E33–4–015SB; Total pages: 5 .................................................................................. All ..................... Original ............. October 23, 2000.

E33–4–016SB; Total pages: 5 .................................................................................. All ..................... Revision 1 ......... November 6, 2000.

29470 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Britax Sell GmbH & Co. OHG, MPL Mr.

H.D. Poggensee, P.O. Box 1161, 35721

Herborn Germany, telephone international

code 49–2772–707–0; fax international code

49–2772–707–141. Copies may be inspected

at the FAA, New England Region, Office of

the Regional Counsel, 12 New England

Executive Park, Burlington, MA; or at the

Office of the Federal Register, 800 North

Capitol Street, NW, suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in Luftfahrt-Bundesamt airworthiness

directive 2000–379, dated November 13,

2000.

Effective Date of This AD

(f) This amendment becomes effective on

June 15, 2001.

Issued in Burlington, Massachusetts, on

May 17, 2001.

Diane S. Romanosky,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 01–13182 Filed 5–30–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–207–AD; Amendment

39–12242; AD 2001–11–01]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–9–32 Series

Airplanes Modified Per Supplemental

Type Certificate SA4371NM

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all McDonnell Douglas

Model DC–9–32 series airplanes

modified per Supplemental Type

Certificate SA4371NM, that requires an

inspection to determine if certain

ground wires on the water heater of

each lavatory are installed, and

corrective action, if necessary. The

actions specified by this AD are

intended to detect improper grounding

of a water heater, which, coupled with

an internal short in the water heater,

could result in heat or smoke damage or

a fire on the airplane. This action is

intended to address the identified

unsafe condition.

DATES: Effective July 5, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 5, 2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from from Hexcel Interiors, 3225

Woburn Street, Bellingham, Washington

98226; or Boeing Commercial Aircraft

Group, Long Beach Division, 3855

Lakewood Boulevard, Long Beach,

California 90846, Attention: Data and

Service Management, Dept. C1–L5A

(D800–0024). This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Don

Eiford, Aerospace Engineer, Systems

and Equipment Branch, ANM–130S,

FAA, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2788; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all McDonnell

Douglas Model DC–9–32 series

airplanes modified per Supplemental

Type Certificate SA4371NM was

published in the Federal Register on

February 15, 2001 (66 FR 10380). That

action proposed to require an inspection

to determine if certain ground wires on

the water heater of each lavatory are

installed, and corrective action, if

necessary.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 30 airplanes

of the affected design in the worldwide

fleet. The FAA estimates that 20

airplanes of U.S. registry will be affected

by this AD, that it will take

approximately 1 work hour per airplane

to accomplish the required inspection,

and that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the AD on U.S. operators

is estimated to be $1,200, or $60 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this 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 adopted herein will

not have a substantial direct effect on

the States, on the relationship between

the national Government and the States,

or on the distribution of power and

responsibilities among the various

levels of government. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

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

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 final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

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.