444 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave., SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(i) Refer to MCAI European Aviation Safety 

Agency Emergency Airworthiness Directive 

2010–0239–E, dated November 19, 2010 

[Corrected November 23, 2010]; and Airbus 

A300–600 AOT 27A6068, Revision 01, dated 

November 18, 2010; for related information. 

Material Incorporated by Reference 

(j) You must use Airbus A300–600 All 

Operators Telex 27A6068, Revision 01, dated 

November 18, 2010, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus SAS—EAW 

(Airworthiness Office), 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on 

December 22, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–32995 Filed 1–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1023 Directorate 

Identifier 2010–CE–055–AD; Amendment 

39–16557; AD 2011–01–04] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–500 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It has been detected a short circuit in 

harness W101 due to its interference with the 

main door mechanism. Further analysis of 

the affected region has also revealed the 

possibility of chafing between the same 

harness and the oxygen tubing. The chafing 

of the wiring harness against the oxygen 

tubing could lead to a short circuit of the 

wiring harness and a subsequent fire in the 

airplane. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

February 9, 2011. 

On February 9, 2011, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

For service information identified in 

this AD, contact EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina 

Lima, 2170, Sao Jose dos Campos—SP, 

CEP: 12227–901—PO Box: 38/2, 

BRASIL, telephone: ++55 12 3927–5383; 

fax: ++55 12 3927–2610; E-mail: 

reliability.executive@embraer.com.br; 

Internet: http://www.embraer.com.br. 

You may review copies of the 

referenced service information at the 

FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. 

For information on the availability of 

this material at the FAA, call 816–329– 

4148. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 15, 2010 (75 FR 

63422). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been detected a short circuit in 

harness W101 due to its interference with the 

main door mechanism. Further analysis of 

the affected region has also revealed the 

possibility of chafing between the same 

harness and the oxygen tubing. The chafing 

of the wiring harness against the oxygen 

tubing could lead to a short circuit of the 

wiring harness and a subsequent fire in the 

airplane. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires installing clamps to 

the W101 wiring harness. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 445 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

83 products of U.S. registry. We also 

estimate that it will take about 12 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $13 per 

product. 

Based on these figures, we estimate 

the cost of this AD to the U.S. operators 

to be $85,739 or $1,033 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD 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. 

For the reasons discussed above, I 

certify this AD: 

(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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD Docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains the NPRM, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. The FAA amends § 39.13 by adding 

the following new AD: 

2011–01–04 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16557; Docket No. 

FAA–2010–1023; Directorate Identifier 

2010–CE–055–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 9, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model 

EMB–500 airplanes, serial numbers 50000005 

thru 50000105, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 92: Wiring Elements. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been detected a short circuit in 

harness W101 due to its interference with the 

main door mechanism. Further analysis of 

the affected region has also revealed the 

possibility of chafing between the same 

harness and the oxygen tubing. The chafing 

of the wiring harness against the oxygen 

tubing could lead to a short circuit of the 

wiring harness and a subsequent fire in the 

airplane. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires installing clamps to the 

W101 wiring harness. 

Actions and Compliance 

(f) Unless already done, within 600 hours 

time-in-service (TIS) after February 9, 2011 

(the effective date of this AD) or within 12 

months after February 9, 2011 (the effective 

date of this AD), whichever comes first, 

install clamps and protection sleeves to 

harness W101 within the cockpit area and 

rework structures to eliminate the fretting 

spots of the harness with the main door 

locking mechanism and with the oxygen 

tube. Do the installation following Empresa 

Brasileira de Aerona ́utica S.A. (EMBRAER) 

Service Bulletin No. SB 500–24–0002, dated 

March 8, 2010. 

FAA AD Differences 

Note: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

WReier-Aviles on DSKGBLS3C1PROD with RULES

446 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave., SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to MCAI AGEˆNCIA NACIONAL 

DE AVIAC ̧A ̃ O CIVIL—BRAZIL (ANAC), AD 

No.: 2010–09–02, dated October 17, 2010; 

and Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) Service Bulletin No. SB 500–24– 

0002, dated March 8, 2010, for related 

information. 

Material Incorporated by Reference 

(i) You must use Empresa Brasileira de 

Aerona ́utica S.A. (EMBRAER) Service 

Bulletin No. SB 500–24–0002, dated March 8, 

2010, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina Lima, 

2170, Sao Jose dos Campos—SP, CEP: 12227– 

901—PO Box: 38/2, BRASIL, telephone: ++55 

12 3927–5383; fax: ++55 12 3927–2610; Email: reliability.executive@embraer.com.br; 

Internet: http://www.embraer.com.br. 

(3) You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call 816–329–4148. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on 

December 21, 2010. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–32809 Filed 1–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 416 

[Docket No. SSA–2008–0050] 

RIN 0960–AE59 

Supplemental Security Income (SSI) 

for the Aged, Blind, and Disabled; 

Dedicated Accounts and Installment 

Payments for Certain Past-Due SSI 

Benefits 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Final rules. 

SUMMARY: These final rules adopt, with 

some minor changes, the interim final 

rules with request for comment we 

published in the Federal Register on 

December 20, 1996. 61 FR 67203. The 

interim final rules concerned dedicated 

accounts and installment payments for 

certain past-due SSI benefits and 

reflected amendments to the Social 

Security Act (Act) made by sections 213 

and 221 of the Personal Responsibility 

and Work Opportunity Reconciliation 

Act of 1996 (PRWORA). These final 

rules reflect these provisions, as well as 

subsequent changes to these provisions 

made by the Balanced Budget Act of 

1997 (BBA), the Social Security 

Protection Act of 2004 (SSPA), and the 

Deficit Reduction Act of 2005 (DRA). 

The changes we are making in these 

final rules will ensure that our rules 

accurately reflect the statutory 

provisions on which they are based. 

DATES: These final rules are effective 

February 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rudick, Office of Regulations, 

Social Security Administration, 6401 

Security Boulevard, Baltimore, MD 

21235–6401, (410) 965–7102. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 

1–800–325–0778, or visit our Internet 

site, Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Background 

The interim final rules reflected the 

dedicated account requirements that 

were added by section 213 of the 

PRWORA. Public Law 104–193. 

Congress enacted the PRWORA on 

August 22, 1996. Section 213 of the 

PRWORA added a new section 

1631(a)(2)(F) of the Act for payments 

made after August 22, 1996. Under 

section 1631(a)(2)(F) of the Act, the 

representative payee of an eligible 

person under age 18 must establish in 

certain situations ‘‘an account in a 

financial institution,’’ which we refer to 

as a ‘‘dedicated account.’’ Specifically, 

the representative payee must establish 

a dedicated account if the person is 

eligible for past-due monthly SSI 

benefits, including any federally 

administered State supplementary 

payments, that exceed 6 times the 

maximum ‘‘monthly benefit payable’’ 

under title XVI, which we call the 

Federal benefit rate (FBR), after any 

withholding for interim assistance 

reimbursement (IAR) to a State(s) and 

after payment of attorney fees. Under 

section 1631(a)(2)(F) of the Act, the 

past-due benefits in a dedicated account 

may only be used for certain allowable 

expenses. 

Sections 213(b) and (c) of the 

PRWORA also amended sections 

1613(a) and 1612(b) of the Act, 

respectively, to provide that funds in a 

dedicated account, established and 

maintained in accordance with section 

1631(a)(2)(F) of the Act, including 

accrued interest or other earnings, are 

excluded from resources and from 

income. 

Since we published the interim final 

rules, Congress has enacted three other 

laws that made additional changes to 

the dedicated account requirements. We 

are including these statutory changes in 

the final rules without requesting public 

comment because the changes are 

required by statute and we are making 

no discretionary policy changes. 

The BBA made one clarification and 

one revision to section 1631(a)(2)(F) of 

the Act. Public Law 105–33. Section 

5522(b)(2) of the BBA amended section 

1631(a)(2)(F)(iii) of the Act by clarifying 

which subsequent past-due benefits a 

representative payee may deposit in an 

established dedicated account. Congress 

made this technical change to the 

statute because the PRWORA used the 

two different terms ‘‘underpayment’’ and 

‘‘past-due benefits’’ to describe funds 

that could be deposited in these 

accounts. This terminology caused 

confusion. Section 5522(b)(2) of the 

BBA corrected this technical issue, and 

we are including this change in these 

final rules. As amended by section 

5522(b)(2) of the BBA, section 

1631(a)(2)(F)(iii) of the Act states that 

the representative payee may deposit 

into an established dedicated account 

any other funds representing past-due 

benefits under title XVI of the Act 

which equal or exceed the maximum 

monthly FBR, including any federally 

WReier-Aviles on DSKGBLS3C1PROD with RULES