Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations 63215 

satisfaction of creditors’ claims against 

the covered financial company. 

(ii) Without limiting the general 

language of paragraphs (b)(1) and (2) of 

this section, a specified financial 

condition clause includes a ‘‘walkaway 

clause’’ as defined in 12 U.S.C. 

5390(c)(8)(F)(iii) or any regulations 

promulgated thereunder. 

(3) The term ‘‘support’’ means 

undertaking any of the following for the 

purpose of supporting the contractual 

obligations of a subsidiary or affiliate of 

a covered financial company for the 

benefit of a counterparty to a linked 

contract— 

(i) To guarantee, indemnify, 

undertake to make any loan or advance 

to or on behalf of the subsidiary or 

affiliate; 

(ii) To undertake to make capital 

contributions to the subsidiary or 

affiliate; or 

(iii) To be contractually obligated to 

provide any other financial assistance to 

the subsidiary or affiliate. 

(4) The term ‘‘related assets and 

liabilities’’ means— 

(i) Any assets of the covered financial 

company that directly serve as collateral 

for the covered financial company’s 

support (including a perfected security 

interest therein or equivalent under 

applicable law); 

(ii) Any rights of offset or setoff or 

netting arrangements that directly arise 

out of or directly relate to the covered 

financial company’s support of the 

obligations or liabilities of its subsidiary 

or affiliate; and 

(iii) Any liabilities of the covered 

financial company that directly arise out 

of or directly relate to its support of the 

obligations or liabilities of the 

subsidiary or affiliate. 

(5) A ‘‘qualified transferee’’ means 

any bridge financial company or any 

third party (other than a third party for 

which a conservator, receiver, trustee in 

bankruptcy, or other legal custodian has 

been appointed, or which is otherwise 

the subject of a bankruptcy or 

insolvency proceeding). 

(6) A ‘‘successor’’ of a bridge financial 

company means 

(i) A company into which the bridge 

financial company is converted by way 

of incorporation under the laws of a 

State of the United States; or 

(ii) The surviving company of a 

merger or consolidation of the bridge 

financial company with another 

company (whether before or after the 

conversion (if any) of the bridge 

financial company). 

(c) Adequate protection. The 

Corporation as receiver for a covered 

financial company may provide 

adequate protection with respect to a 

covered financial company’s support of 

the obligations and liabilities of a 

subsidiary or an affiliate pursuant to 

paragraph (a)(2)(ii) of this section by any 

of the following means: 

(1) Making a cash payment or periodic 

cash payments to the counterparties of 

the contract to the extent that the failure 

to cause the assignment and assumption 

of the covered financial company’s 

support and related assets and liabilities 

causes a loss to the counterparties; 

(2) Providing to the counterparties a 

guaranty, issued by the Corporation as 

receiver for the covered financial 

company, of the obligations of the 

subsidiary or affiliate of the covered 

financial company under the contract; 

or 

(3) Providing relief that will result in 

the realization by the counterparty of 

the indubitable equivalent of the 

covered financial company’s support of 

such obligations or liabilities. 

(d) Notice of transfer of support or 

provision of adequate protection. If the 

Corporation as receiver for a covered 

financial company transfers any support 

and related assets and liabilities of the 

covered financial company in 

accordance with paragraph (a)(2)(i) of 

this section or provides adequate 

protection in accordance with paragraph 

(a)(2)(ii) of this section, it shall 

promptly take steps to notify contract 

counterparties of such transfer or 

provision of adequate protection. Notice 

shall be given in a manner reasonably 

calculated to provide notification in a 

timely manner, including, but not 

limited to, notice posted on the Web site 

of the Corporation, the covered financial 

company or the subsidiary or affiliate, 

notice via electronic media, or notice by 

publication. Neither the failure to 

provide actual notice to any party nor 

the lack of actual knowledge on the part 

of any party shall affect the authority of 

the Corporation to enforce any contract 

or exercise any rights or powers under 

this section. 

Dated at Washington, DC, this 9th day of 

October, 2012. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2012–25315 Filed 10–15–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0724; Directorate 

Identifier 2012–NM–043–AD; Amendment 

39–17215; AD 2012–20–09] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain Bombardier, Inc. Model DHC–8– 

400 series airplanes. That AD currently 

requires a modification to trim the edge 

of the bumper plate, including 

performing an inspection for damage or 

cracks of the bumper plate and base 

fitting, and replacing any damaged or 

cracked part. That AD also currently 

requires, for certain airplanes, 

reidentifying the bumper plate. This 

new AD requires, for airplanes on which 

the reidentification is done, an 

operational check of the alternate 

extension system of the main landing 

gear (MLG), and repair if necessary. This 

AD was prompted by the determination 

that an operational check must be done 

after reidentifying the bumper plate to 

ensure the identified unsafe condition is 

addressed. We are issuing this AD to 

detect and correct failure of the MLG to 

extend and lock, which could adversely 

affect the safe landing of the airplane. 

DATES: This AD becomes effective 

November 20, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 19, 2011 (76 FR 50403, 

August 15, 2011). 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office (ACO), 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7318; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 


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63216 Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations 

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 July 25, 2012 (77 FR 43545), 

and proposed to supersede AD 2011– 

17–04, Amendment 39–16768 (76 FR 

50403, August 15, 2011). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The 

Mandatory Continuing Airworthiness 

Information (MCAI) states: 

One in-service incident has been reported 

on [a] DHC–8 Series 400 aeroplane in which 

the right hand main landing gear (MLG) 

failed to extend using the alternate gear 

extension system. Investigation determined 

that the tread on the outboard tire was 

catching on the bumper plate located on the 

outboard MLG door that prevented the MLG 

door to open following an extension attempt 

via the alternate extension system. Failure of 

[the] MLG to extend and lock could adversely 

affect the safe landing of the aeroplane. 

To prevent the potential jam condition 

between the bumper plate and the MLG tires, 

Bombardier Aerospace has developed a 

modification to trim the edge of the bumper 

plate to eliminate the possibility of 

interference [Bombardier Modsum 4– 

113645]. 

The Modsum includes performing a 

detailed visual inspection for damage or 

cracks of the bumper plate and base 

fitting, and replacing any damaged or 

cracked part with a new part, if 

necessary. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 43545, July 25, 2012) 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. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD affects about 65 

products of U.S. registry. 

The actions that are required by AD 

2011–17–04, Amendment 39–16768 (76 

FR 50403, August 15, 2011), and 

retained in this AD take about 8 workhours per product, at an average labor 

rate of $85 per work hour. Required 

parts would cost about $479 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, the cost of the currently 

required actions is $1,159 per product. 

We estimate that it takes about 1 

work-hour per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

estimate the cost of the AD on U.S. 

operators to be $5,525, or $85 per 

product. 

We have received no definitive data 

that would enable us to provide a cost 

estimate for the on-condition actions 

specified in this AD. 

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 that this AD: 

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. 

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 Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM (77 FR 43545, July 

25, 2012), the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations 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 

removing airworthiness directive (AD) 

2011–17–04, Amendment 39–16768 (76 

FR 50403, August 15, 2011), and adding 

the following new AD: 

2012–20–09 Bombardier: Amendment 39– 

17215. Docket No. FAA–2012–0724; 

Directorate Identifier 2012–NM–043–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective November 20, 2012. 

(b) Affected ADs 

This AD supersedes AD 2011–17–04, 

Amendment 39–16768 (76 FR 50403, August 

15, 2011). 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

DHC–8–400, –401, and –402 airplanes, 

certificated in any category, having serial 

numbers 4001 through 4247 inclusive. 

(d) Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

(e) Reason 

This AD was prompted by the 

determination that an operational check must 

be done after reidentifying the bumper plate 

to ensure the identified unsafe condition is 


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Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations 63217 

addressed. We are issuing this AD to detect 

and correct failure of the main landing gear 

(MLG) to extend and lock, which could 

adversely affect the safe landing of the 

airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Retained Actions for All Airplanes 

Within 2,000 flight hours after September 

19, 2011 (the effective date of AD 2011–17– 

04, Amendment 39–16768 (76 FR 50403, 

August 15, 2011)): Incorporate Bombardier 

Modsum 4–113645, including performing a 

detailed visual inspection for damage or 

cracks of the bumper plate and base fitting 

and replacing any damaged or cracked part, 

in accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–32–74, Revision A, dated May 17, 2010. 

Do all applicable replacements before further 

flight. 

Note 1 to paragraphs (g) and (h) of this 

AD: Bombardier Service Bulletin 84–32–74, 

Revision A, dated May 17, 2010, includes an 

operational check of the alternate extension 

system of the MLG. If the operational check 

fails, guidance on doing corrective actions 

can be found in the Bombardier Q400 Dash 

8 Aircraft Maintenance Manual. 

(h) Retained Actions for Airplanes Having 

Certain Bumper Plates 

For airplanes on which a bumper plate 

having part number 85424082–101 or 

85424082–103 is installed on which the 

rework specified in Bombardier Repair 

Drawing 8/4–54–553 has been done: Within 

1,000 flight hours after September 19, 2011 

(the effective date of AD 2011–17–04, 

Amendment 39–16768 (76 FR 50403, August 

15, 2011)), reidentify the bumper plate, in 

accordance with paragraph 3.B., step (8) of 

the Accomplishment Instructions of 

Bombardier Service Bulletin 84–32–74, 

Revision A, dated May 17, 2010. 

(i) Retained Credit for Previous Actions 

This paragraph provides credit for the 

modification required by paragraph (h) of 

this AD by incorporation of Bombardier 

Modsum 4–113645 if the modification was 

performed before September 19, 2011 (the 

effective date of AD 2011–17–04, 

Amendment 39–16768 (76 FR 50403, August 

15, 2011)), using Bombardier Service Bulletin 

84–32–74, dated December 23, 2009 (which 

is not incorporated by reference in this AD); 

and provided the modification is done within 

the compliance time specified in paragraph 

(h) of this AD. 

(j) New Requirements of This AD: 

Operational Check for Airplanes on Which 

the Action Required by Paragraph (h) of This 

AD Is Done 

Concurrently with doing the actions 

required by paragraph (h) of this AD, or 

within 30 days after the effective date of this 

AD, whichever occurs later: Perform an 

operational check of the alternate extension 

system of the MLG, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–32–74, Revision A, dated 

May 17, 2010. If the operational check fails, 

before further flight, repair in accordance 

with a method approved by either the 

Manager, New York Aircraft Certification 

Office (ACO), FAA; or the Transport Canada 

Civil Aviation (TCCA) (or its delegated 

agent). 

Note 2 to paragraph (j) of this AD: If the 

operational check fails, guidance on doing 

the repair can be found in the Bombardier 

Q400 Dash 8 Aircraft Maintenance Manual. 

(k) New Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before the effective 

date of this AD, provided the operational 

check specified in paragraph (j) of this AD is 

done within the compliance time specified in 

paragraph (g) of this AD, or within 30 days 

after the effective date of this AD, whichever 

occurs later, using Bombardier Service 

Bulletin 84–32–74, dated December 23, 2009 

(which is not incorporated by reference in 

this AD). 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York ACO, 

ANE–170, 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 New York ACO, send it to ATTN: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York, 

11590; telephone 516–228–7300; fax 516– 

794–5531. 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. The AMOC 

approval letter must specifically reference 

this AD. 

(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. 

(m) Related Information 

(1) Refer to MCAI Canadian Airworthiness 

Directive CF–2010–23, dated July 21, 2010; 

and Bombardier Service Bulletin 84–32–74, 

Revision A, dated May 17, 2010; for related 

information. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

email thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

(n) 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. 

(3) The following service information was 

approved for IBR on September 19, 2011 (76 

FR 50403, August 15, 2011). 

(i) Bombardier Service Bulletin 84–32–74, 

Revision A, dated May 17, 2010. 

(ii) Reserved. 

(4) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

email thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

(5) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(6) 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, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on October 

4, 2012. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–25109 Filed 10–15–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2012–0928; Amdt. No. 

121–361] 

RIN 2120–AK18 

Use of Additional Portable Oxygen 

Concentrators on Board Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the FAA’s 

rules for permitting limited use of 

portable oxygen concentrator systems 

on board aircraft, to allow for the use of 

additional portable oxygen concentrator 

(POC) devices on board aircraft, 

provided certain conditions in the SFAR 

are met. This action is necessary to 

allow all POC devices deemed 

acceptable by the FAA for use in air 

commerce to be available to the 


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