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becomes forgiven in whole or in part in a bankruptcy proceeding; or

(iv) Any loss in excess of $50,000 evidenced by an IRS Form 1099–C (Information Reporting for Cancellation of Debt).

(c) Restrictions on the sale of assets. (1) A person may not acquire any assets of a covered financial company from the FDIC if, prior to the appointment of the FDIC as receiver for the covered financial company, the person or its associated person:

(i) Has participated as an officer or director of a covered financial company or of an affiliate of a covered financial company in a material way in one or more transactions that caused a substantial loss to a covered financial
company;

(ii) Has been removed from, or prohibited from participating in the affairs of, a financial company pursuant to any final enforcement action by its primary financial regulatory agency;

(iii) Has demonstrated a pattern or practice of defalcation regarding obligations to a covered financial
company;

(iv) Has been convicted of committing or conspiring to commit any offense under 18 U.S.C. 215, 656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1341, 1343 or 1344 affecting any covered financial company and there has been a default with respect to one or more obligations owed by that person or its associated person; or

(v) Would be prohibited from purchasing the assets of a failed insured depository institution from the FDIC under 12 U.S.C. 1821(p) or its implementing regulation at 12 CFR part
340.

(2) For purposes of paragraph (c)(1) of this section, a person has participated in a ‘‘material way in a transaction that caused a substantial loss to a covered financial company’’ if, in connection with a substantial loss to the covered financial company, the person has been found in a final determination by a court or administrative tribunal, or is alleged in a judicial or administrative action brought by a primary financial regulatory agency or by any component of the government of the United States or of any state:

(i) To have violated any law, regulation, or order issued by a Federal or State regulatory agency, or breached or defaulted on a written agreement with a Federal or State regulatory agency, or breached a written agreement with a covered financial company; or

(ii) To have breached a fiduciary duty owed to a covered financial company.

(3) For purposes of paragraph (c)(1) of this section, a person or its associated person has demonstrated a ‘‘pattern or practice of defalcation’’ regarding obligations to a covered financial company if the person or associated person has:

(i) Engaged in more than one transaction that created an obligation on the part of such person or its associated person with intent to cause a loss to any financial company or with reckless disregard for whether such transactions would cause a loss to any such financial company; and

(ii) The transactions, in the aggregate, caused a substantial loss to one or more covered financial companies.

(d) Restrictions when FDIC provides seller financing. A person may not borrow money or accept credit from the FDIC in connection with the purchase of any assets from the FDIC or any covered financial company if:

(1) There has been a default with respect to one or more obligations totaling in excess of $1,000,000 owed by that person or its associated person; and

(2) The person or its associated person made any fraudulent misrepresentations in connection with any such obligation(s).

(e) No obligation to provide seller financing. The FDIC still has the right to make an independent determination, based upon all relevant facts of a person’s financial condition and history, of that person’s eligibility to receive any loan or extension of credit from the FDIC, even if the person is not in any way disqualified from purchasing assets from the FDIC under the restrictions set forth in this section.

(f) Purchaser eligibility certificate required. (1) Before any person may purchase any asset from the FDIC that person must certify, under penalty of perjury, that none of the restrictions contained in this section applies to the purchase. The FDIC may establish the form of the certification and may change the form from time to time.

(2) Notwithstanding paragraph (f)(1) of this section, and unless the Director of the FDIC’s Division of Resolutions and Receiverships, or designee, in his or her discretion so requires, a certification need not be provided by:

(i) A State or political subdivision of a State;

(ii) A Federal agency or instrumentality such as the Government National Mortgage Association;

(iii) A federally-regulated, government-sponsored enterprise such as Federal National Mortgage Association or Federal Home Loan Mortgage Corporation; or

(iv) A bridge financial company.
Dated at Washington, DC, this 30th day of October 2013. By Order of the Board of Directors, Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary.
[FR Doc. 2013–26544 Filed 11–5–13; 8:45 am]

**BILLING CODE 6714–01–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2013–0937; Directorate Identifier 2013–CE–029–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; Diamond Aircraft Industries GmbH Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for certain Diamond Aircraft Industries GmbH Models DA 42 NG and DA 42 M–NG airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated 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 the failure of the alternator indication system to indicate warning when one alternator is inoperative. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

**DATES :**  We must receive comments on this proposed AD by December 23,
2013.

**ADDRESSES :**  You may send comments by any of the following methods:

• Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed AD, contact DiamondAircraft Industries GmbH, N.A. OttoVerDate Mar<15>2010 15:07 Nov 05, 2013 Jkt 232001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\06NOP1.SGM 06NOP1pmangrum on DSK3VPTVN1PROD with PROPOSALS-1

### 66667 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules

Stra+ e 5, A–2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26700 1369; email: airworthiness@diamond-air.at; Internet: http://www.diamond-air.at . 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. Examining the AD Docket

You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating it in Docket No. FAA– 2013–0937; 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 this proposed AD, 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.

**FOR FURTHER INFORMATION CONTACT :**  Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4144; fax: (816) 329–4090; email: mike.kiesov@faa.gov

. **SUPPLEMENTARY INFORMATION :** 
Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the

**ADDRESSES** section. Include ‘‘Docket No. FAA–2013–0937; Directorate Identifier 2013–CE–029–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those
comments.

We will post all comments we receive, without change, to http:// regulations.gov in Docket No. FAA– 2013–0937, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2013– 0224, dated September 19, 2013 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states:

During maintenance troubleshooting of the DA 42 NG alternator indication system it has been discovered that, with one alternator inoperative, the system did not give a warning indication as described in the Airplane Flight Manual.

Subsequent investigation results showed that the voltage regulator warning circuit, which is part of the engine, monitors Bus Voltage and is the only trigger for the alternator fail annunciation. As a result, one alternator may fail but the related voltage regulator does not trigger the alternator fail annunciation as the voltage is being held at the regular level by the second alternator on board.

The remaining generating system indication for the pilot is unaffected. The ampere-meter is indicating a load on each alternator and in case of a Low Voltage condition a caution message will be displayed.

This condition, if not corrected, could lead to an undetected loss of one engine alternator and reduced capability of the electrical generating power system, possibly impairing safe continuation of the flight.

Prompted by this event, Diamond Aircraft Industries (DAI) introduced at airframe level an additional independent alternator failcaution trigger by using the G1000 amperemeter signals. The trigger is set once an alternator provides less than 5A and thus indicates electrical power supply failure to the ship system.

DAI issued Mandatory Service Bulletin (MSB) 42NG–003/12 providing instructions for installation of the Secondary Configuration Card Part Number (P/N) 010– 12074–02 ‘‘Additional ALTN FAIL trigger’’ with system software P/N 010–00670–10 applicable for all DA 42 NG and DA 42 M– NG aeroplanes.

In addition, model DA 42 M–NG now incorporates an output of the GEA 71 to activate the alternator fail relay. DAI issued Mandatory Service Bulletin (MSB) 42MNG– 006 to provide instructions for installation of that additional control cable P/N D62–2510– 97–00–SB.

For the reasons described above, this AD requires installation of the Secondary Configuration Card P/N 010–12074–02 ‘‘Additional ALTN FAIL trigger’’ and System Software P/N 010–00670–10 for all DA 42 NG and DA 42 M–NG aeroplanes and installation of GEA Alternator fail control cable P/N D62– 2510–97–00–SB on certain model DA 42 M– NG aeroplanes.

This AD also prohibits installation of System Software prior to P/N 010–00670–10. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA–2013–0937.

Relevant Service Information

Diamond Aircraft Industries GmbH has issued Mandatory Service Bulletin No. MSB 42NG–003/12; Mandatory Service Bulletin MSB 42MNG–006; and Work Instruction WI–MSB 42MNG–006, all dated July 8, 2013. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of the Proposed AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Costs of Compliance

We estimate that this proposed AD will affect 26 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $115 per product.

Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $7,410, or $285 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 proposed 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 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


### 66668 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules

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) Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

(3) Will not affect intrastate aviation in Alaska, and

(4) 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. 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** 

■ 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:

Diamond Aircraft Industries GmbH: Docket No. FAA–2013–0937; Directorate Identifier 2013–CE–029–AD.

(a) Comments Due Date

We must receive comments by December 23, 2013.
(b) Affected ADs

None. (c) Applicability

This AD applies to Diamond Aircraft Industries GmbH Models DA 42 NG and DA 42 M–NG airplanes, all serial numbers certificated in any category, except those that have Supplemental Type Certificate (STC) SA02725NY ( http://rgl.faa.gov/Regulatory

_ and

_ Guidance

_Library/rgstc.nsf/0/286A2 9A0C46D66048625764900624649?Open Document&Highlight=sa02725ny ) incorporated.

Note 1 to paragraph (c) of this AD: STC SA02725NY uses a different electrical system architecture and the unsafe condition addressed in this AD does not apply to that system.
(d) Subject

Air Transport Association of America (ATA) Code 24: Electric Power. (e) Reason This AD was prompted by mandatory continuing airworthiness information (MCAI) originated 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 failure of the alternator indication system to indicate warning when one alternator is inoperative. We are issuing this proposed AD to prevent the undetected loss of one engine alternator, which could result in reduced capability of the electrical generating power system.
(f) Actions and Compliance

Unless already done, do the following actions as specified in paragraphs (f)(1) through (f)(3) of this AD, including all subparagraphs:

(1) For all DA 42 NG airplanes: Within 12 months after the effective date of this AD, install Secondary Configuration Card part number (P/N) 010–12074–02 ‘‘Additional ALTN FAIL trigger’’ and System Software P/ N 010–00670–10 following the Accomplishment/Instructions section of Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB 42NG– 003/13, dated October 11, 2013; or the Accomplishment/Instructions section of Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB 42NG– 003/12, dated July 8, 2013.

(2) For DA 42 M–NG airplanes, serial numbers (S/Ns) 42.339, 42.MN001 through 42.MN0026, and all S/Ns modified through Optional Service Bulletin (OSB) 42–081, using Work Instruction (WI) OSB–42–081 up to Revision 1 inclusive: Within 100 hours time-in-service after the effective date of this AD or within 12 months after the effective date of this AD, whichever occurs first:

(i) Install GEA Alternator fail control cable P/N D62–2510–97–00–SB following the Instructions section of Diamond Aircraft Industries GmbH Work Instruction WI–MSB 42MNG–006, dated July 8, 2013, as specified in the Accomplishments/Instructions section of Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB 42MNG–006, July 8, 2013; and

(ii) Install Secondary Configuration Card P/ N 010–12074–02 ‘‘Additional ALTN FAIL trigger’’ and System Software P/N 010– 00670–10 following the Accomplishment/ Instructions section of Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB 42NG–003/13, dated October 11, 2013; or the Accomplishment/Instructions section of Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB 42NG– 003/12, dated July 8, 2013.

(3) For all airplanes: As of the effective date of this AD, do not install on any airplane System Software prior to P/N 010–00670–10.
(g) Other FAA AD Provisions

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: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4144; fax: (816) 329– 4090; email: mike.kiesov@faa.gov. 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 FAA-approved 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.
(h) Related Information

Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2013–0224, dated September 19, 2013; Diamond Aircraft Industries GmbH Optional Service Bulletin OSB 42–081/1; Diamond Aircraft Industries GmbH Work Instruction WI–OSB 42–081, Rev. 1, both dated December 23, 2010; Diamond Aircraft Industries GmbH Optional Service Bulletin OSB 42–081; and Diamond Aircraft Industries GmbH Work Instruction WI–OSB 42–081, Rev. 0, both dated March 17, 2010, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA–2013– 0937. For service information related to this AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra + e 5, A–2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622 26700 1369; email: airworthiness@diamond-air.at; Internet: http://www.diamond-air.at . 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.

Issued in Kansas City, Missouri, on October 30, 2013. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013–26571 Filed 11–5–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2013–0938; Directorate Identifier 2012–SW–057–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; Eurocopter France (Eurocopter) Helicopters** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for