66666 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules 

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 Diamond 

Aircraft 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 06NOP1

pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Proposed Rules 66667 

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 fail 

caution 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 


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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 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1