Airworthiness Directives; Embraer S.A. Airplanes, 57907-57910 [2023-18119]
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
docket at regulations.gov under Docket No.
FAA–2023–1716.
(2) For more information about this AD,
contact Nicholas Rediess, Aviation Safety
Engineer, FAA, 1701 Columbia Avenue,
College Park, GA 30337; phone: (781) 238–
7159; email: 9-AVS-AIR-BACO-COS@faa.gov.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Thales Service Information Letter
F9111–J70859DN–00, issued January 18,
2022.
Note 1 to paragraph (j)(2)(i): The footer on
pages 2 through 32 of Thales Service
Information Letter F9111–J70859DN–00,
issued January 18, 2022, contains the text
‘‘Reference: 0026–F9111–J70859DN–00.’’
(ii) [Reserved]
(3) For service information identified in
this AD, contact Thales AVS France SAS, 75–
77 Avenue Marcel Dassault, 33700 Merignac,
France; phone: +33 7 86 33 59 20; email:
continued.airworthiness@thalesgroup.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this 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,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–18116 Filed 8–23–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1717; Project
Identifier MCAI–2023–00728–A]
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RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
SUMMARY:
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15:52 Aug 23, 2023
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certain Embraer S.A. (Embraer) Model
EMB–505 airplanes. This proposed AD
was prompted by analysis of certain
monuments (the right-hand refreshment
center and left-hand forward cabinet)
that identified the need for installing
structural reinforcements and replacing
certain floor support rivets. This
proposed AD would require installing
structural reinforcements on certain
monuments and replacing certain floor
support rivets, as specified in an
Ageˆncia Nacional de Aviac¸a˜o Civil
(ANAC) AD, which is proposed for
incorporation by reference (IBR). The
FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this NPRM by October 10, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1717; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information that is
proposed for IBR in this NPRM, contact
ANAC, Continuing Airworthiness
Technical Branch (GTAC), Rua Doutor
Orlando Feirabend Filho, 230—Centro
Empresarial Aquarius—Torre B—
Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´
dos Campos—SP, Brazil; phone: 55 (12)
3203–6600; email: pac@anac.gov.br;
website: anac.gov.br/en/. You may find
this material on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp. It is also available at
regulations.gov under Docket No. FAA–
2023–1717.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
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57907
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110.
Jim
Rutherford, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329–
4165; email: jim.rutherford@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–1717; Project Identifier
MCAI–2023–00728–A’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Jim Rutherford,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590. Any commentary that the
FAA receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
Background
The ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2023–05–03, effective June 2, 2023
(ANAC AD 2023–05–03) (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition on certain serialnumbered Embraer Model EMB–505
airplanes. The MCAI states that analysis
identified certain monuments (the righthand refreshment center and left-hand
forward cabinet) that might not
withstand the loads expected for
specific emergency landing conditions,
which may cause the detachment of
mass items and result in injuries to the
airplane occupants. To address this
unsafe condition, the MCAI specifies
installing structural reinforcements on
certain monuments and replacing
applicable floor support rivets.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1717.
Related Service Information Under 1
CFR Part 51
The FAA reviewed ANAC AD 2023–
05–03, which specifies procedures for
installing structural reinforcements on
certain monuments and replacing
applicable fasteners on the floor
support.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in ADDRESSES.
FAA’s Determination
These products have been approved
by the aviation authority of another
country and are approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this NPRM
after determining that the unsafe
condition described previously is likely
to exist or develop on other products of
the same type design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
ANAC AD 2023–05–03 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD and
except as discussed under ‘‘Differences
Between this Proposed AD and the
MCAI.’’
Differences Between This Proposed AD
and the MCAI
The service information specified in
ANAC AD 2023–05–03 allows the use of
alternative or similar parts in place of
the ones specified in the kits, provided
these alternative or similar parts are
approved by Embraer, but this proposed
AD would require approval from either
the Manager, International Validation
Branch, FAA; ANAC; or ANAC’s
authorized Designee.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate ANAC AD 2023–05–03 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with ANAC AD 2023–05–03
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD and
except as discussed under ‘‘Differences
Between this Proposed AD and the
MCAI.’’ Service information required by
ANAC AD 2023–05–03 for compliance
will be available at regulations.gov
under Docket No. FAA–2023–1717 after
the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 208
airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this proposed AD:
ESTIMATED COSTS
Parts
cost
Cost per
product
21.50 work-hours × $85 per hour =
$1,827.50.
13.50 work-hours × $85 per hour =
$1,147.50.
$1,600
$3,427.50
600
1,747.50
$214,942.50 (123 airplanes).
25.50 work-hours × $85 per hour =
$2,167.50.
19.50 work-hours × $85 per hour =
$1,657.50.
13.50 work-hours × $85 per hour =
$1,147.50.
2,000
4,167.50
$37,507.50 (9 airplanes).
1,600
3,257.50
$16,287.50 (5 airplanes).
1,600
2,747.50
$2,747.50 (1 airplane).
Action
Labor cost
Airplane groups 1 and 2—install structural reinforcements.
Airplane groups 3, 4, 5, and 10—install structural reinforcements and replace floor fasteners.
Airplane groups 6 and 8—install structural reinforcements and replace floor fasteners.
Airplane group 7—install structural reinforcements.
Airplane group 9—install structural reinforcements.
The FAA estimates the following
costs for operators that did the actions
in the original version of Embraer
Service Bulletin SB505–25–0046, dated
March 31, 2021. The agency has no way
Cost on U.S. operators
$239,925 (70 airplanes).
of determining the number of airplanes
that might need these actions:
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ON-CONDITION COSTS
Action
Labor cost
Inspect floor fasteners .................................
Replace floor fasteners ...............................
8.50 work-hours × $85 per hour = $722.50 ..................................
1 work-hour × $85 per hour = $85 ................................................
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Parts cost
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$50
50
Cost per
product
$772.50
135
Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, all of the
costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
Authority for This Rulemaking
Regulatory Findings
The FAA determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD 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.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
15:52 Aug 23, 2023
Jkt 259001
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 airworthiness
directive:
■
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.
The FAA is 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.
VerDate Sep<11>2014
PART 39—AIRWORTHINESS
DIRECTIVES
Embraer S.A.: Docket No. FAA–2023–1717;
Project Identifier MCAI–2023–00728–A.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by October 10,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model
EMB–505 airplanes, as identified in Ageˆncia
Nacional de Aviac¸a˜o Civil (ANAC) AD 2023–
05–03, effective June 2, 2023 (ANAC AD
2023–05–03), certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2500, Cabin Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by analysis of
certain monuments (the right-hand
refreshment center and left-hand forward
cabinet) that identified the need for installing
structural reinforcements and replacing
applicable floor support rivets. The FAA is
issuing this AD to address the unsafe
condition. The unsafe condition, if not
addressed, could result in a monument not
withstanding the loads expected for specific
emergency landing conditions, which may
cause the detachment of mass items and
result in injuries to the airplane occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified in paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, ANAC AD 2023–05–
03.
(h) Exceptions to ANAC AD 2023–05–03
(1) Where ANAC AD 2023–05–03 refers to
its effective date, this AD requires using the
effective date of this AD.
(2) The service information referenced in
ANAC AD 2023–05–03 allows the use of
alternative or similar parts in place of the
ones specified in the kits, provided that these
alternative or similar parts are approved by
Embraer. This AD requires approval from
either the Manager, International Validation
Branch, FAA; ANAC; or ANAC’s authorized
Designee. If approved by the ANAC Designee,
the approval must include the Designee’s
authorized signature.
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57909
(3) Where the service information
referenced in ANAC AD 2023–05–03
specifies discarding parts, this AD requires
removing those parts from service.
(4) This AD does not adopt paragraph (d)
of ANAC AD 2023–05–03.
(i) No Reporting Requirement
Although the service information
referenced in ANAC AD 2023–05–03
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Alternative Methods of Compliance
(AMOCs)
The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (k) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Additional Information
For more information about this AD,
contact Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (816) 329–
4165; email: jim.rutherford@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Ageˆncia Nacional de Aviac
¸a˜o Civil AD
2023–05–03, effective June 2, 2023.
(ii) [Reserved]
(3) For ANAC AD 2023–05–03, contact
National Civil Aviation Agency (ANAC),
Continuing Airworthiness Technical Branch
(GTAC), Rua Doutor Orlando Feirabend
Filho, 230—Centro Empresarial Aquarius—
Torre B—Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246–190—Sa˜o
Jose´ dos Campos—SP, Brazil; phone: 55 (12)
3203–6600; email: pac@anac.gov.br; website:
anac.gov.br/en/. You may find this material
on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–18119 Filed 8–23–23; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Docket No. SSA–2023–0010]
RIN 0960–AI82
Expansion of the Rental Subsidy
Policy for Supplemental Security
Income (SSI) Applicants and
Recipients
Social Security Administration.
Notice of proposed rulemaking.
AGENCY:
ACTION:
We propose to revise our
regulations by applying nationwide the
In-Kind Support and Maintenance (ISM)
rental subsidy exception that is
currently in place for SSI applicants and
recipients residing in seven States. The
exception recognizes that a ‘‘business
arrangement’’ exists when the amount of
required monthly rent for a property
equals or exceeds the presumed
maximum value. This proposed rule
would improve nationwide program
uniformity, and, we expect, improve
equality in the application of the rental
subsidy policy.
DATES: To ensure that your comments
are considered, we must receive them
no later than October 23, 2023.
ADDRESSES: You may submit comments
by any one of three methods—internet,
fax, or mail. Do not submit the same
comments multiple times or by more
than one method. Regardless of which
method you choose, please state that
your comments refer to Docket No.
SSA–2023–0010 so that we may
associate your comments with the
correct regulation.
Caution: You should be careful to
include in your comments only
information that you wish to make
publicly available. We strongly urge you
not to include in your comments any
personal information, such as Social
Security numbers or medical
information.
1. Internet: We strongly recommend
that you submit your comments via the
internet. Please visit the Federal
eRulemaking portal at https://
www.regulations.gov. Use the ‘‘search’’
function to find docket number SSA–
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SUMMARY:
VerDate Sep<11>2014
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2023–0010. The system will issue a
tracking number to confirm your
submission. You will not be able to
view your comment immediately
because we must post each comment
manually. It may take up to one week
for your comment to be viewable.
2. Fax: Fax comments to 1–833–410–
1631.
3. Mail: Mail your comments to the
Office of Legislation and Congressional
Affairs, Regulations and Reports
Clearance Staff, Mail Stop 3253
Altmeyer, 6401 Security Blvd.,
Baltimore, MD 21235.
Comments are available for public
viewing on the Federal eRulemaking
portal at https://www.regulations.gov or
in person, during regular business
hours, by arranging with the contact
person identified below.
FOR FURTHER INFORMATION CONTACT:
Tamara Levingston, Office of Income
Security Programs, 6401 Security Blvd.,
Robert M. Ball Building, Suite 2512B,
Woodlawn, MD 21235, 410–966–7384.
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 https://
www.ssa.gov.
SUPPLEMENTARY INFORMATION:
Background
We administer the SSI program,
which provides monthly payments to:
(1) adults and children with a disability
or blindness; and (2) adults aged 65 or
older. Eligible individuals must meet all
the requirements in the Social Security
Act (Act), including having resources
and income below specified amounts.1
Since SSI is a needs-based program for
persons with limited income and
resources, we must consider the amount
of income an applicant or recipient has
when determining whether that person
is eligible to receive SSI payments. If the
individual is eligible, their income is
also a factor in calculating the amount
of their monthly SSI payments.
Specifically, once an individual is
determined eligible for SSI, their
monthly payment amount is determined
by subtracting their countable monthly
income from the Federal benefit rate
(FBR),2 which is the monthly maximum
Federal SSI payment.3 The FBR for 2023
1 See 42 U.S.C. 1382 and 20 CFR 416.202 for a
list of the eligibility requirements. See also 20 CFR
416.420 for general information on how we
compute the amount of the monthly payment by
reducing the benefit rate by the amount of
countable income as calculated under the rules in
subpart K of 20 part 416.
2 See 20 CFR 416.1101.
3 See 20 CFR 416.405 through 416.415. Some
States supplement the FBR amount.
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is $914 for an individual and $1,371 for
an eligible individual with an eligible
spouse.4 Generally, the more income an
individual has, the less their SSI
payment will be.5 For the purposes of
SSI, ‘‘income’’ is defined as anything
that an individual receives in cash or in
kind that the individual can use to meet
their needs for food and shelter.6 The
Act and our regulations 7 define income
as ‘‘earned,’’ such as wages from work,
and ‘‘unearned,’’ such as gifted cash.8
Our proposed regulatory change
pertains to rental subsidy, which is a
type of ISM under the broader umbrella
of unearned income.
ISM
As noted above, income that affects an
individual’s monthly SSI payment can
also be provided in kind.9 Generally, we
value in-kind items at their current
market value and apply the various
exclusions for both earned and
unearned income; however, we have
special rules for valuing food or shelter
that is received as unearned income
(ISM).10 Under our current regulations,
ISM means any food or shelter that is
given to an individual or that the
individual receives because someone
else pays for it.11 Shelter includes room,
rent, mortgage payments, real property
taxes, heating fuel, gas, electricity,
water, sewerage, and garbage collection
services.12 For example, if an SSI
recipient’s brother lets the recipient live
rent-free in his home throughout a
calendar month, we would consider the
shelter the brother provides as ISM to
the recipient. We have two rules for
valuing the ISM that we must count: (1)
currently, the one-third reduction rule
(VTR) applies if the individual is living
in the household of a person,
throughout a month, who provides the
individual with both food and shelter,
and (2) the presumed maximum value
rule (PMV) applies in all other
situations in which the individual is
4 87 FR 64296, 64298 (2022) A table of the
monthly maximum Federal SSI payment amounts
for an eligible individual, and for an eligible
individual with an eligible spouse, is available at
https://www.ssa.gov/oact/cola/SSIamts.html. When
the FBR is adjusted for the cost of living, the
amount of the potential ISM reduction adjusts
accordingly.
5 See 20 CFR 416.1100.
6 See 20 CFR 416.1102.
7 See 42 U.S.C. 1382a; and 20 CFR 416.1102–
1124.
8 See 20 CFR 416.1104.
9 See 20 CFR 416.1102.
10 See 20 CFR 416.1130(a).
11 See 20 CFR 416.1130(b). We recently published
a proposed rule to remove food from the calculation
of ISM. See 88 FR 9779 Omitting Food From InKind Support and Maintenance Calculations,
published February 15, 2023.
12 See 20 CFR 416.1130(b).
E:\FR\FM\24AUP1.SGM
24AUP1
]]>Agencies
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57907-57910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18119]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1717; Project Identifier MCAI-2023-00728-A]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This
proposed AD was prompted by analysis of certain monuments (the right-
hand refreshment center and left-hand forward cabinet) that identified
the need for installing structural reinforcements and replacing certain
floor support rivets. This proposed AD would require installing
structural reinforcements on certain monuments and replacing certain
floor support rivets, as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for
incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by October 10, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1717; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information that is proposed for IBR in this
NPRM, contact ANAC, Continuing Airworthiness Technical Branch (GTAC),
Rua Doutor Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; phone: 55 (12) 3203-
6600; email: anac.gov.br">pac@anac.gov.br; website: anac.gov.br/en/. You may find
this material on the ANAC website at sistemas.anac.gov.br/certificacao/
DA/DAE.asp. It is also available at regulations.gov under Docket No.
FAA-2023-1717.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4165; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1717; Project Identifier
MCAI-2023-00728-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Jim
Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
[[Page 57908]]
Background
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03)
(referred to after this as ``the MCAI''), to correct an unsafe
condition on certain serial-numbered Embraer Model EMB-505 airplanes.
The MCAI states that analysis identified certain monuments (the right-
hand refreshment center and left-hand forward cabinet) that might not
withstand the loads expected for specific emergency landing conditions,
which may cause the detachment of mass items and result in injuries to
the airplane occupants. To address this unsafe condition, the MCAI
specifies installing structural reinforcements on certain monuments and
replacing applicable floor support rivets.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1717.
Related Service Information Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-05-03, which specifies procedures for
installing structural reinforcements on certain monuments and replacing
applicable fasteners on the floor support.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in ANAC AD 2023-05-03 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD and
except as discussed under ``Differences Between this Proposed AD and
the MCAI.''
Differences Between This Proposed AD and the MCAI
The service information specified in ANAC AD 2023-05-03 allows the
use of alternative or similar parts in place of the ones specified in
the kits, provided these alternative or similar parts are approved by
Embraer, but this proposed AD would require approval from either the
Manager, International Validation Branch, FAA; ANAC; or ANAC's
authorized Designee.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2023-05-03 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2023-05-03 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD and except as discussed under ``Differences Between
this Proposed AD and the MCAI.'' Service information required by ANAC
AD 2023-05-03 for compliance will be available at regulations.gov under
Docket No. FAA-2023-1717 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 208 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Parts Cost per
Action Labor cost cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Airplane groups 1 and 2--install 21.50 work-hours x $85 $1,600 $3,427.50 $239,925 (70 airplanes).
structural reinforcements. per hour = $1,827.50.
Airplane groups 3, 4, 5, and 10-- 13.50 work-hours x $85 600 1,747.50 $214,942.50 (123
install structural reinforcements per hour = $1,147.50. airplanes).
and replace floor fasteners.
Airplane groups 6 and 8--install 25.50 work-hours x $85 2,000 4,167.50 $37,507.50 (9
structural reinforcements and per hour = $2,167.50. airplanes).
replace floor fasteners.
Airplane group 7--install structural 19.50 work-hours x $85 1,600 3,257.50 $16,287.50 (5
reinforcements. per hour = $1,657.50. airplanes).
Airplane group 9--install structural 13.50 work-hours x $85 1,600 2,747.50 $2,747.50 (1 airplane).
reinforcements. per hour = $1,147.50.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs for operators that did the
actions in the original version of Embraer Service Bulletin SB505-25-
0046, dated March 31, 2021. The agency has no way of determining the
number of airplanes that might need these actions:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Inspect floor fasteners....................... 8.50 work-hours x $85 per hour = $50 $772.50
$722.50.
Replace floor fasteners....................... 1 work-hour x $85 per hour = $85 50 135
----------------------------------------------------------------------------------------------------------------
[[Page 57909]]
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.
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.
The FAA is 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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Embraer S.A.: Docket No. FAA-2023-1717; Project Identifier MCAI-
2023-00728-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 10, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-505 airplanes, as
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03),
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2500, Cabin
Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by analysis of certain monuments (the
right-hand refreshment center and left-hand forward cabinet) that
identified the need for installing structural reinforcements and
replacing applicable floor support rivets. The FAA is issuing this
AD to address the unsafe condition. The unsafe condition, if not
addressed, could result in a monument not withstanding the loads
expected for specific emergency landing conditions, which may cause
the detachment of mass items and result in injuries to the airplane
occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, ANAC AD 2023-05-03.
(h) Exceptions to ANAC AD 2023-05-03
(1) Where ANAC AD 2023-05-03 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The service information referenced in ANAC AD 2023-05-03
allows the use of alternative or similar parts in place of the ones
specified in the kits, provided that these alternative or similar
parts are approved by Embraer. This AD requires approval from either
the Manager, International Validation Branch, FAA; ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.
(3) Where the service information referenced in ANAC AD 2023-05-
03 specifies discarding parts, this AD requires removing those parts
from service.
(4) This AD does not adopt paragraph (d) of ANAC AD 2023-05-03.
(i) No Reporting Requirement
Although the service information referenced in ANAC AD 2023-05-
03 specifies to submit certain information to the manufacturer, this
AD does not include that requirement.
(j) Alternative Methods of Compliance (AMOCs)
The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, mail
it to the address identified in paragraph (k) of this AD or email
to: [email protected]. If mailing information, also submit
information by email. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
(k) Additional Information
For more information about this AD, contact Jim Rutherford,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329-4165; email:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil AD
2023-05-03, effective June 2, 2023.
(ii) [Reserved]
(3) For ANAC AD 2023-05-03, contact National Civil Aviation
Agency (ANAC), Continuing Airworthiness Technical Branch (GTAC), Rua
Doutor Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; phone: 55 (12)
3203-6600; email: anac.gov.br">pac@anac.gov.br; website: anac.gov.br/en/. You may
find this material on the ANAC website at sistemas.anac.gov.br/
certificacao/DA/DAE.asp.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on
[[Page 57910]]
the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-18119 Filed 8-23-23; 8:45 am]
BILLING CODE 4910-13-P
