[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Rules and Regulations]
[Pages 60246-60248]
[FR Doc No: 2016-20991]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5460; Directorate Identifier 2015-NM-188-AD;
Amendment 39-18599; AD 2016-16-01]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to certain Airbus
Model A330-200 Freighter, -200, and -300 series airplanes. Paragraphs
(i) and (l) of the regulatory text contain typographical errors in the
service bulletin number. This document corrects those errors. In all
other respects, the original document remains the same.

DATES: This final rule is effective September 8, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 8,
2016 (81 FR 51325, August 4, 2016).

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office-EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet: http://www.airbus.com. You may view this referenced 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<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-5460.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Docket Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Airworthiness Directive 2016-16-01,
Amendment 39-18599 (81 FR 51325, August 4, 2016) (``AD 2016-16-01''),
currently requires an inspection of affected structural parts in the
cargo and cabin compartments to determine if proper heat treatment has
been done, and replacement if necessary, for certain Airbus Model A330-
200 Freighter, -200, and -300 series airplanes.

Need for the Correction

    As published, paragraphs (i) and (l) of the regulatory text
identify the service information by the wrong service bulletin number.
Where paragraphs (i) and (l) incorrectly specify Airbus Service
Bulletins ``A320-53-3227'' and ``A320-53-3228,'' the correct service
bulletin numbers are ``A330-53-3227'' and ``A330-53-3228,''
respectively.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information:
     Airbus Service Bulletin A330-53-3227, dated August 18,
2015. The service information describes procedures to inspect affected
structural parts in the cargo compartment to determine if proper heat
treatment has been done, and replacement of parts; and
     Airbus Service Bulletin A330-53-3228, dated August 18,
2015. The service information describes procedures to inspect affected
structural parts in the cabin compartment to determine if proper heat
treatment has been done, and replacement of parts.
    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 the ADDRESSES section.

Correction of Publication

    This document corrects two errors and correctly adds the AD as an
amendment to 14 CFR 39.13. Although no other part of the preamble or
regulatory information has been corrected, we are publishing the entire
rule in the Federal Register.
    The effective date of this AD remains September 8, 2016.
    Since this action only corrects a typographical error in two
locations, it has no adverse economic impact and imposes no additional
burden on any person. Therefore, we have determined that notice and
public procedures are unnecessary.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Correction

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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  [Corrected]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2016-16-01 Airbus: Amendment 39-18599; Docket No. FAA-2016-5460;
Directorate Identifier 2015-NM-188-AD.

(a) Effective Date

    This AD becomes effective on September 8, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
manufacturer serial numbers 1175, 1180, 1287 through 1475 inclusive,
1478, 1480, 1483, and 1506.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of a manufacturing defect
(i.e., improperly heat-treated materials) that affects the
durability of affected parts in the cargo and cabin compartments. We
are issuing this AD to prevent crack initiation and propagation,
which could result in reduced structural integrity of the fuselage.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection of Affected Structure in the Cargo Compartment

    Within 72 months since first flight of the airplane, do an eddy
current inspection (i.e., conductivity measurement) of affected
structural parts in the cargo compartment to determine if proper
heat treatment has been done as identified in, and in accordance
with, the Accomplishment Instructions of Airbus Service Bulletin
A330-53-3227, dated August 18, 2015.

(h) Replacement of Non-Conforming Parts in the Cargo Compartment

    If, during the inspection required by paragraph (g) of this AD,
an affected structural part in the cargo compartment is identified
to have a measured value greater than 26 megasiemens per meter (MS/
m), or greater than 44.8% International Annealed Copper Standard
(IACS), before further flight, replace the affected structural part
with a serviceable part, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-53-3227, dated August
18, 2015.

(i) Repair of Non-Conforming Parts in the Cargo Compartment

    If, during the inspection required by paragraph (g) of this AD,
an affected structural part in the cargo compartment is identified
to have a measured value other than those specified in Figure A-
GFAAA, Sheet 01, ``Inspection Flowchart,'' of Airbus Service
Bulletin A330-53-3227, dated August 18, 2015, before further flight,
repair using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA); or Airbus's EASA Design Organization
Approval (DOA).

(j) Inspection of Affected Structure in the Cabin Compartment

    Within 72 months since first flight of the airplane, do an eddy
current inspection of affected structural parts in the cabin
compartment to determine if proper heat treatment has been done as
identified in, and in accordance with, the Accomplishment
Instructions of Airbus Service Bulletin A330-53-3228, dated August
18, 2015.

(k) Replacement of Non-Conforming Parts in the Cabin Compartment

    If, during the inspection required by paragraph (j) of this AD,
an affected structural part in the cabin compartment is identified
to have a measured value greater than 26 MS/m or greater than 44.8%
IACS, before further flight, replace the affected structural part
with a serviceable part, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-53-3228, dated August
18, 2015.

(l) Repair of Non-Conforming Parts in the Cabin Compartment

    If, during the inspection required by paragraph (j) of this AD,
an affected structural part in the cabin compartment is identified
to have a measured value other than those specified in Figure A-
GFAAA, Sheet 01, ``Inspection Flowchart,'' of Airbus Service
Bulletin A330-53-3228, dated August 18, 2015, before further flight,
repair using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the EASA; or
Airbus's EASA DOA.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(n) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA AD 2015-0212, dated November 4, 2015, for related information.
You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-5460.

(o) 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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on
September 8, 2016 (81 FR 51325, August 4, 2016).
    (i) Airbus Service Bulletin A330-53-3227, dated August 18, 2015.
    (ii) Airbus Service Bulletin A330-53-3228, dated August 18,
2015.
    (4) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office-EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33
5 61 93 45 80; email<EMAIL_ADDRESS>Internet:
http://www.airbus.com.
    (5) You may view this 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<PHONE_NUMBER>, or go to http://

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 24, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-20991 Filed 8-31-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66787-66789]
[FR Doc No: 2018-27999]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84863; File No. SR-NYSEArca-2018-67]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To Amend NYSE Arca Rule 5.2-E(j)(6) Relating to Equity
Index-Linked Securities Listing Standards Set Forth in NYSE Arca Rule
5.2-E(j)(6)(B)(I)

December 19, 2018.
    On September 10, 2018, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend listing standards set
forth in NYSE Arca Rule 5.2-E(j)(6)(B)(I) relating to criteria
applicable to components of an index underlying an issue of Equity
Index-Linked Securities. The proposed rule change was published for
comment in the Federal Register on October 1, 2018.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84279 (Sept. 25,
2018), 83 FR 49437 (``Notice'').
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    On November 13, 2018, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ The Commission has received no comment letters on the
proposed rule change. This order institutes proceedings under Section
19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change.
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 84576, 83 FR 58315
(Nov. 19, 2018). The Commission designated December 30, 2018, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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I. Summary of the Proposal \7\
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    \7\ The Commission notes that additional aspects and information
regarding the proposal can be found in the Notice. See Notice, supra
note 3.
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    NYSE Arca Rule 5.2-E(j)(6)(B)(I) sets forth the listing standards
applicable to Equity Index-Linked Securities.\8\ The Exchange proposes
to amend NYSE Arca Rule 5.2-E(j)(6)(B)(I) relating to criteria
applicable to components of an index underlying an issue of Equity
Index-Linked Securities, as described below.\9\
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    \8\ Equity Index-Linked Securities are securities that provide
for the payment at maturity based on the performance of an
underlying index or indexes of equity securities, securities of
closed-end management investment companies registered under the
Investment Company Act of 1940 (``1940 Act''), and/or Investment
Company Units (as described in NYSE Arca Rule 5.2-E(j)(3)). In the
proposal, the Exchange also refers to these securities as
``Exchange-Traded Notes'' or ``ETNs.''
    \9\ NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(b)(v) provides that all
component securities shall be either: (A) Securities (other than
foreign country securities and American Depository Receipts
(``ADRs'')) that are (x) issued by a 1934 Act reporting company or
by an investment company registered under the 1940 Act, which in
each case is listed on a national securities exchange, and (y) an
``NMS stock'' (as defined in Rule 600 of SEC Regulation NMS); or (B)
Foreign country securities or ADRs, provided that foreign country
securities or foreign country securities underlying ADRs having
their primary trading market outside the United States on foreign
trading markets that are not members of the Intermarket Surveillance
Group (``ISG'') or parties to comprehensive surveillance sharing
agreements with the Exchange will not in the aggregate represent
more than 50% of the dollar weight of the index, and provided
further that: (i) The securities of any one such market do not
represent more than 20% of the dollar weight of the index; and (ii)
the securities of any two such markets do not represent more than
33% of the dollar weight of the index.
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Proposed Amendments to NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(b)(v)

    The Exchange proposes to amend NYSE Arca Rule 5.2-
E(j)(6)(B)(I)(1)(b)(v) to provide that all component securities of an
index underlying an issue of Equity Index-Linked Securities shall be
either (1) U.S. Component Stocks (as described in NYSE Arca Rule 5.2-
E(j)(3)) \10\ that are listed on a national securities exchange and are
NMS Stocks as defined in Rule 600 of Regulation NMS under the Exchange
Act; or (2) Non-U.S. Component Stocks (as described in NYSE Arca Rule
5.2-E(j)(3)) \11\ that are listed and traded on an exchange that has
last-sale reporting.\12\ The proposed amendment,

therefore, would delete from Rule 5.2-E (j)(6)(B)(I)(1)(b)(v) the
requirement that foreign country securities or foreign country
securities underlying ADRs in an index satisfy requirements that a
specified percentage of the dollar weight of the index have primary
trading markets that are members of ISG or primary trading markets that
are parties to comprehensive surveillance sharing agreements with the
Exchange.
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    \10\ NYSE Arca Rule 5.2-E(j)(3) provides that the term ``US
Component Stock'' shall mean an equity security that is registered
under Sections 12(b) or 12(g) of the Securities Exchange Act of 1934
or an American Depositary Receipt, the underlying equity security of
which is registered under Sections 12(b) or 12(g) of the Securities
Exchange Act of 1934.
    \11\ NYSE Arca Rule 5.2-E(j)(3) provides that the term ``Non-US
Component Stock'' shall mean an equity security that is not
registered under Sections 12(b) or 12(g) of the Securities Exchange
Act of 1934 and that is issued by an entity that (a) is not
organized, domiciled or incorporated in the United States, and (b)
is an operating company (including Real Estate Investment Trusts
(REITS) and income trusts, but excluding investment trusts, unit
trusts, mutual funds, and derivatives).
    \12\ The text of proposed NYSE Arca Rule 5.2-
E(j)(6)(B)(I)(1)(b)(v)(1) is comparable to the requirement for US
Component Stocks in Commentary .01(a)(A)(5) to NYSE Arca Rule 5.2-
E(j)(3). The text of proposed NYSE Arca Rule 5.2-
E(j)(6)(B)(I)(1)(b)(v)(2) is comparable to the requirement for Non-
US Component Stocks in Commentary .01(a)(B)(5) to NYSE Arca Rule
5.2-E(j)(3).
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    According to the Exchange, the proposed amendment would eliminate a
requirement for Equity Index-Linked Securities that is not applicable
to Investment Company Units and Managed Fund Shares with respect to
Non-U.S. Component Stock index components or holdings of Non-U.S.
Component Stocks. The Exchange states that the amendment, therefore,
would afford greater flexibility to ETN issuers to list securities that
include foreign stocks and to better compete with issuers of Investment
Company Units and Managed Fund Shares, which are not subject to this
requirement.

Proposed Amendments to NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(a)

    The Exchange also proposes to amend NYSE Arca Rule 5.2-
E(j)(6)(B)(I)(1)(a) by increasing the required minimum number of
components in an index underlying Equity Index-Linked Securities that
includes Non-U.S. Component Stocks.\13\ The Exchange proposes that an
underlying index consisting only of U.S. Component Stocks (as described
in Rule 5.2-E(j)(3)) that are listed on a national securities exchange
and are NMS Stocks as defined in Rule 600 of Regulation NMS under the
Exchange Act would be required to have at least ten (10) component
securities; and an underlying index consisting of (a) only Non-U.S.
Component Stocks (as described in Rule 5.2-E(j)(3)), or (b) both U.S.
Component Stocks and Non-U.S. Component Stocks, would be required to
have at least twenty (20) component securities. According to the
Exchange, an increase in the required minimum number of components in
an index that includes Non-U.S. Component Stocks would be comparable to
the requirement applicable to equity indexes underlying series of
Investment Company Units listed under Commentary .01 to NYSE Arca Rule
5.2-E(j)(3), and would provide for greater diversification among index
components.\14\
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    \13\ NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(a) provides that each
underlying index is required to have at least ten (10) component
securities; provided, however, that there shall be no minimum number
of component securities if one or more issues of Derivative
Securities Products (i.e., Investment Company Units (as described in
Rule 5.2-E(j)(3)) and securities described in Section 2 of Rule 8)
or Index-Linked Securities (as described in Rule 5.2-E(j)(6)),
constitute, at least in part, component securities underlying an
issue of Equity Index-Linked Securities.
    \14\ See Commentary .01(a)(B)(4) to NYSE Arca Rule 5.2-E(j)(3).
See also Commentary .01(a)(2)(D) to NYSE Arca Rule 8.600-E, which
provides that, where the equity portion of the portfolio includes
Non-U.S. Component Stocks, the equity portion of the portfolio shall
include a minimum of 20 component stocks; provided, however, that
there shall be no minimum number of component stocks if (i) one or
more series of Derivative Securities Products or Index-Linked
Securities constitute, at least in part, components underlying a
series of Managed Fund Shares, or (ii) one or more series of
Derivative Securities Products or Index-Linked Securities account
for 100% of the equity weight of the portfolio of a series of
Managed Fund Shares.
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    The Exchange reasons that the proposed amendments to the generic
listing rules for Equity Index-Linked Securities should help ensure
that index components of the applicable reference asset are adequately
capitalized, sufficiently liquid, and diversified, and that these
proposed requirements should significantly minimize the potential for
manipulation. The Exchange believes the amendments are appropriate and
in the public interest in that Equity Index-Linked Securities would
continue to be subject to numerical criteria for index components
underlying Equity Index-Linked Securities that are comparable in
significant respects to the criteria for U.S. Component Stocks and Non-
U.S. Component Stocks in Commentary .01 to NYSE Arca Rule 5.2-E(j)(3)
for Investment Company Units and Commentary .01(a) to NYSE Arca Rule
8.600-E for Managed Fund Shares.\15\
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    \15\ Commentary .01 to NYSE Arca Rule 5.2-E(j)(3) and Commentary
.01(a) to NYSE Arca Rule 8.600-E provide generic initial and
continued listing criteria applicable to an equity index or
portfolio underlying Investment Company Units and Managed Fund
Shares, respectively.
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II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2018-67 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act\16\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
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    \16\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act,\17\ the Commission is
providing notice of the grounds for disapproval under consideration, as
discussed below. The Commission is instituting proceedings to allow for
additional analysis of the proposed rule change's consistency with
Section 6(b)(5) of the Act, which requires, among other things, that
the rules of a national securities exchange be ``designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade,'' and ``to protect investors and the
public interest.'' \18\
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    \17\ Id.
    \18\ 15 U.S.C. 78f(b)(5).
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    Under the proposal, the Exchange would eliminate from NYSE Arca
Rule 5.2-E (j)(6)(B)(I)(1)(b)(v) the requirement that foreign country
securities or foreign country securities underlying ADRs in an index
satisfy requirements that a specified percentage of the dollar weight
of the index have primary trading markets that are members of ISG or
primary trading markets that are parties to comprehensive surveillance
sharing agreements with the Exchange. According to the Exchange, the
proposed amendment would eliminate a requirement for Equity Index-
Linked Securities that is not applicable to Investment Company Units
and Managed Fund Shares with respect to Non-U.S. Component Stock index
components or holdings of Non-U.S. Component Stocks. The Exchange
asserts that the amendment to NYSE Arca Rule 5.2-E
(j)(6)(B)(I)(1)(b)(v) would afford greater flexibility to ETN issuers
to list securities that include foreign stocks and to better compete
with issuers of Investment Company Units and Managed Fund Shares, which
are not subject to this requirement. In making this assertion, the
Exchange compares the listing standards of Equity Index-Linked
Securities to the standards of Investment Company Units and Managed
Fund Shares. Based on the differences between ETNs and Investment
Company Units and Managed Fund Shares, what are commenters' views on
the applicability of the Exchange's comparisons in justifying the
proposed amendments? Based on the unique structure of ETNs, which,
unlike Investment Company Units and Managed Fund Shares, are not
governed by the requirements of the 1940 Act and the rules thereunder,
what are commenters' views on the

Exchange's proposal to eliminate the requirement that a minimum
percentage of component foreign country securities or foreign country
securities underlying ADRs in an index be traded primarily on markets
that are members of ISG or on markets that are parties to comprehensive
surveillance sharing agreements with the Exchange? In light of the
proposed amendment to NYSE Arca Rule 5.2-E (j)(6)(B)(I)(1)(b)(v) that
would eliminate the requirement that a minimum percentage of component
foreign country securities or foreign country securities underlying
ADRs in an index be traded primarily on markets that are members of ISG
or on markets that are parties to comprehensive surveillance sharing
agreements with the Exchange, what are commenters' views about whether
the Exchange has met its burden in demonstrating that the proposal is
consistent with Section 6(b)(5) of the Act, which requires the rules of
the Exchange be designed to, among other things, prevent fraudulent and
manipulative acts and practices? The Commission requests any comment,
data, or analysis that commenters think may be relevant to the
Commission's consideration of the Exchange's proposal.

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, or
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\19\
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    \19\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by January 17, 2019. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
January 31, 2019. The Commission asks that commenters address the
sufficiency of the Exchange's statements in support of the proposal,
which are set forth in the Notice,\20\ in addition to any other
comments they may wish to submit about the proposed rule change.
---------------------------------------------------------------------------

    \20\ See Notice, supra note 3.
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2018-67 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2018-67. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-67 and should be submitted
by January 17, 2019. Rebuttal comments should be submitted by January
31, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2018-27999 Filed 12-26-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Proposed Rules]
[Pages 64836-64839]
[FR Doc No: 2021-25000]

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 382

[Docket No. DOT-OST-2019-0180]

Accessible Lavatories on Single-Aisle Aircraft: Part 1; Reopening
of Comment Period and Public Meeting

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of proposed rulemaking; reopening of comment period;
public meeting; request for public comments.

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SUMMARY: The U.S. Department of Transportation (Department or DOT),
jointly with the Architectural Transportation Barriers and Compliance
Board (Access Board or Board), is hosting a public meeting, to be held
virtually, on a DOT notice of proposed rulemaking (NPRM) issued on
January 2, 2020, and on Access Board's proposed advisory guidelines for
aircraft onboard wheelchairs issued on August 20, 2019. The NPRM
proposed specific measures for improving accessibility of lavatories on
single-aisle aircraft for passengers with disabilities. The public
meeting will focus on one aspect of this NPRM--improvements to the
aircraft's onboard wheelchair (OBW). The meeting will also serve as a
means for the Access Board to gather additional information on onboard
wheelchair loads and onboard wheelchair casters before finalizing its
advisory guidelines for aircraft onboard wheelchairs, which potentially
could be a means of complying with OBW performance standards
established by the Department. A Notice relating to this joint public
meeting and the Access Board's reopening of the comment period for its
OBW guidelines is published elsewhere in this issue of the Federal
Register.

DATES:
    Public Comments--The comment period on the proposed rule published
at 85 FR 27 (Jan. 2, 2020) is reopened from December 16, 2021 (date of
public meeting) to January 17, 2022.
    Public Meeting--The virtual public meeting is scheduled for
December 16, 2021, from 9:30 a.m. to 11:30 a.m. and from 1 p.m. to 3
p.m., Eastern Time. Requests to attend the meeting must be received by
December 9, 2021. Communication access real-time translation and sign
language interpretation will be provided, but requests for additional
accommodations because of a disability must be received by December 9,
2021. Requests to submit written materials to be reviewed during the
meeting must also be received no later than December 9, 2021. If you
wish to speak during the meeting, you must submit a request by December
9, 2021. See below, ADDRESSES and FOR FURTHER INFORMATION CONTACT, for
the point of contacts for these requests.

ADDRESSES:
    Public Meeting--Requests to attend the meeting must be submitted to
https://usdot.zoomgov.com/webinar/register/WN_8PChAZcLQsmDm1xathLEjw.
Requests for additional accommodations because of a disability must be
submitted to [email protected]. Requests to submit written
materials to be reviewed during the meeting must be submitted to
[email protected]. If you wish to speak during the meeting, you
must submit a request to DOT at [email protected]. The virtual
meeting will be open to the public, subject to any technical and/or
capacity limitations, and held via the Zoom Webinar Platform. Virtual
attendance information will be provided upon registration. An agenda
will be provided to registered participants and placed in the docket in
advance of the meeting.
    Public Comments--You may file comments identified by docket number
DOT-OST-2019-0180 by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building

Ground Floor, Room W12-140, Washington, DC 20590-0001.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2019-0180 or the Regulatory Identification Number (RIN) for the
rulemaking at the beginning of your comment. All comments received will
be posted without change to https://www.regulations.gov, including any
personal information provided.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and follow the
online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: To register and attend this virtual
meeting, please contact the Department at: https://usdot.zoomgov.com/webinar/register/WN_8PChAZcLQsmDm1xathLEjw. For further information,
contact Robert Gorman, DOT Senior Attorney at [email protected] or
202-366-9342. You may also contact Wendy Marshall of the Access Board
by email at board.gov">[email protected]board.gov.

SUPPLEMENTARY INFORMATION:

Background

    In April 2016, the Department established and appointed members to
the Advisory Committee on Accessible Air Transportation (ACCESS
Advisory Committee or Committee) to negotiate and develop proposed
regulations addressing, among other things, accessible lavatories on
single-aisle aircraft.\1\ During the first meeting, the Department
committed to the Committee that if it came to a consensus on the terms
of a proposed rule and the Department does not cast a dissenting vote
on the consensus product, the Department would exercise good faith
efforts to issue a proposed rule reflecting that consensus to the
extent possible. The Committee gathered data, conducted meetings and
site visits, and engaged in negotiations from May 2016 through November
2016.
---------------------------------------------------------------------------

    \1\ A full list of ACCESS Advisory Committee members and other
information on the Committee may be found at https://www.transportation.gov/access-advisory-committee; see also https://www.regulations.gov/docket?D=DOT-OST-2015-0246 (ACCESS Advisory
Committee docket).
---------------------------------------------------------------------------

    On November 22, 2016, the ACCESS Advisory Committee reached
consensus on recommendations for new regulatory proposals to improve
the accessibility of lavatories on single-aisle aircraft and the
Department did not cast a dissenting vote.\2\ The accessible lavatory
Term Sheet included agreements for both short-term and long-term
accessibility improvements. The short-term improvements would be
required on new single-aisle aircraft delivered three years after the
effective date of the DOT final rule that implements the agreement. The
short-term improvements included a proposed requirement that single-
aisle aircraft with 125 or more passenger seats would have at least one
lavatory with a number of accessibility features, including accessible
door locks, flush handles, call buttons, faucets, and assist handles.
Single-aisle aircraft with 125 or more passenger seats would also be
required to include an OBW that: (1) Permits passage in the aircraft
aisle; (2) fits within an available certificated OBW stowage space; and
(3) accomplishes its functions without requiring modification to the
interior arrangement of the aircraft or the lavatory. The Term Sheet
called on the Department to ``consult with advocates, airlines,
aircraft manufacturers, manufacturers of OBW, flight attendant
association(s) and other stakeholders in developing these standards,''
and to ``include the proposed new standards for an OBW and replacement
of OBW on existing aircraft as described above in its notice of
proposed rulemaking.'' \3\
---------------------------------------------------------------------------

    \2\ https://www.transportation.gov/office-general-counsel/negotiated-regulations/final-resolution-access-committee.
    \3\ https://www.transportation.gov/sites/dot.gov/files/docs/Annex%20A.Lav_.Agreed%20Text.pdf.
---------------------------------------------------------------------------

    The Department determined that the most appropriate method for
developing initial OBW design standards was to seek technical
assistance from the Access Board.\4\ The Access Board is a Federal
agency that specializes in producing accessibility guidelines and
standards for the built environment, transportation systems,
information and communication technology, and medical diagnostic
equipment. On August 20, 2019, the Access Board published in the
Federal Register ``Proposed Advisory Guidelines for Aircraft Onboard
Wheelchairs,'' and sought public comment.\5\ The Access Board's
guidelines provide design criteria for onboard wheelchair seats, back
support, armrests, footrests, movement, stowage, stability, loads,
caster wheels, assist handles, and torso and leg restraints. These
guidelines provided for the OBW to be backed fully into the lavatory
and positioned over the closed toilet so that the lavatory door can be
completely closed. The guidelines also provided for the OBW to be
maneuvered partially into lavatories in a forward direction to allow
users the option to make a stand-and-pivot transfer to the toilet.
---------------------------------------------------------------------------

    \4\ https://www.access-board.gov.
    \5\ See 84 FR 43100; https://www.federalregister.gov/documents/2019/08/20/2019-17873/advisory-guidelines-for-aircraft-onboard-wheelchairs. The Access Board's Docket for OBW standards is found at
https://www.regulations.gov/docket?D=ATBCB-2019-0002.
---------------------------------------------------------------------------

    The Access Board held a public hearing on these advisory guidelines
on September 12, 2019. In response to its proposed guidelines, the
Access Board received over 40 comments from various interest groups and
stakeholders, including people with disabilities, advocacy groups,
aircraft manufacturers, trade associations, manufacturers of onboard
wheelchairs, researchers, and others.\6\
---------------------------------------------------------------------------

    \6\ See Docket No. ATBCB-2019-0002 at https://www.regulations.gov/docket/ATBCB-2019-0002.
---------------------------------------------------------------------------

    On January 2, 2020, the Department published a notice of proposed
rulemaking (NPRM) titled ``Accessible Lavatories on Single-Aisle
Aircraft: Part 1.'' \7\ This NPRM included proposals for short-term
improvements to lavatory accessibility, including new proposed
requirements for OBWs. In developing its own proposed rules for OBWs,
the Department started with the Access Board's design-based guidelines
and adapted them into more flexible performance standards. The
performance standards were designed to allow manufacturers to find
efficient and innovative means for meeting performance expectations. At
the same time, the proposed rule states that airlines may use the
Access Board's advisory guidelines for technical assistance in
furnishing an OBW that meets the Department's performance standards.
---------------------------------------------------------------------------

    \7\ See 85 FR 27; https://www.federalregister.gov/documents/2020/01/02/2019-27631/accessible-lavatories-on-single-aisle-aircraft-part-1.
---------------------------------------------------------------------------

    Under the proposed rule, OBWs meeting the new standards must be
installed on new single-aisle aircraft with an FAA-certificated maximum
capacity of 125 seats or more that enter service three years after the
effective date of a final rule issued by the Department in this
proceeding. The proposed rule would require the OBW to be designed in
such a manner as to enable the OBW to completely enter the lavatory in
a backward orientation. Specifically, the proposed rule would require
the OBW to fit over the closed toilet lid in a manner that permits the
lavatory door to close completely. It is anticipated that the attendant
would push the OBW backward into the lavatory by means of handles on
the front of the OBW. After the OBW is situated over the closed toilet
lid, the

door would be closed and the passenger would be able to perform non-
toileting lavatory functions in privacy.
    The proposed rule would also require that the OBW be designed such
that it could, at a minimum, partially enter the lavatory in a forward
orientation. The purpose of this provision is to facilitate a stand-
and-pivot maneuver from the OBW to the toilet seat, for passengers who
are able to do so. With a stand-and-pivot maneuver, the passenger would
partially enter the lavatory by means of the OBW, stand up, and pivot
180 degrees to reach the toilet seat.
    The proposed OBW rule also contained safety elements. For example,
the proposed rule would require that the height of the OBW seat must
align with the height of the aircraft seat to the maximum extent
practicable, in order to permit a safe transfer between the OBW and the
aircraft seat. The proposed rule would require the wheels of the OBW to
lock in the direction of travel, in order to avoid contact with
aircraft seats and other obstructions as it moves down the aisle. Any
other moving parts of the OBW would need to be capable of being secured
such that they do not move while the occupied onboard wheelchair is
being maneuvered. The wheels would also be required to lock in place so
as to provide stability during transfers. The OBW would be required not
to tip or fall in any direction under normal operating conditions when
occupied for use.
    The OBW would also be required to have a padded seat and backrest,
in order to preserve skin integrity, and to prevent spasticity and
injury.\8\ The proposed rule would also require the OBW to be free of
sharp or abrasive components. The OBW would also be required to have
arm supports that are sufficient to facilitate transfers; arm supports
that are repositionable to permit unobstructed transfers between the
OBW and the aircraft seat; torso and leg restraints to ensure stability
and prevent injury; as well as a unitary foot support that would
provide adequate clearance over the lavatory threshold and also allow
for an unobstructed transfer between the OBW and the lavatory. Under
the proposed rule, restraints would be operable by the passenger in
order to permit the passenger the option to adjust the restraints
unassisted. Finally, the proposed rule would require the OBW to have
instructions prominently displayed for proper use.
---------------------------------------------------------------------------

    \8\ DOT specifically sought comment on whether the proposed rule
text adequately conveys the degree of back support and seat support
necessary to properly accommodate passengers with disabilities, and
if not, whether additional standards should be specified.
---------------------------------------------------------------------------

    In keeping with the ACCESS Advisory Committee's Term Sheet,
airlines would not be required to modify aircraft interiors, including
lavatories and existing OBW stowage spaces, in order to comply with
these OBW provisions. The Department sought comment on all aspects of
this critical issue of OBW stowage space. Specifically, the Department
sought further data regarding: (1) The folded dimensions of OBWs
currently in use on single-aisle aircraft; (2) the locations and
dimensions of current OBW stowage spaces; and (3) the feasibility of
designing and constructing an OBW that meets the listed performance
standards, particularly including the ability to enter the lavatory in
a backward orientation, while fitting into the existing OBW stowage
space for that aircraft. The Department also sought comment on an
alternative proposal: Whether to require OBWs to meet the new
performance standards set forth in the NPRM even if stowage space must
be expanded to accommodate the OBW. The Department sought comment on
the costs of expanding OBW stowage spaces to meet these performance
standards.
    Again in keeping with the ACCESS Advisory Committee's Term Sheet,
the proposed rule provided that an airline would not be responsible for
the failure of third parties to furnish an OBW that complies with these
proposed standards, so long as the airline notifies and substantiates
to the Department the efforts it expended to obtain compliant OBWs. The
Department recognized that, at present, no commercially available OBW
exists that permits backward passage into an aircraft lavatory, and
that while airlines may seek to procure an OBW that meets the
Department's performance standards, airlines do not design or produce
OBWs themselves.\9\
---------------------------------------------------------------------------

    \9\ The Department sought comment on whether there should be a
deadline for an airline to notify the Department that the airline
has expended its efforts to obtain compliant OBWs, and if so, how
many days after an airline becomes aware of such commercial
unavailability (e.g., 30 days) would be appropriate for airlines to
notify the Department. The Department also recognized the
uncertainties surrounding the issue of whether OBWs meeting the
Department's new standards can fit within existing OBW stowage
spaces. The intent of the proposal was to encourage innovation in
meeting the proposed standards by affirmatively requiring airlines
to engage in reasonable efforts to obtain compliant OBWs from third
parties. The Department sought comment on whether the ``reasonable
efforts'' clause is the most appropriate means of reaching the
overarching goal of ensuring that OBWs with the new accessibility
features are acquired.
---------------------------------------------------------------------------

    Finally, the proposed rule provided that if an airline replaces an
OBW on an aircraft with an FAA-certificated maximum capacity of 125
seats or more three years after the effective date of the rule, then
the replacement OBW must comply with DOT's new OBW standards. The
Department sought comment on all aspects of the OBW proposal, including
costs, benefits, and feasibility.
    The comment period to the NPRM closed on March 2, 2020. The
Department received relatively few comments about OBW design, and
almost no comments that estimated the costs of developing or
manufacturing an OBW that would comply with the standards set forth in
the proposed rule. Certain disability advocates argued, among other
things, that the Department's OBW standards should have tracked more
closely the Access Board's design standards.\10\ Representatives of the
airline industry contended that the Department failed to take into
account considerations such as aviation safety and the impact on flight
attendants of unpacking, using, and stowing the OBW while in
flight.\11\ They also argued that the Department failed to adequately
consult with stakeholders before issuing its OBW proposal.\12\ The
Department received no comments from OBW manufacturers.
---------------------------------------------------------------------------

    \10\ See, e.g., Comment of Paralyzed Veterans of America,
https://www.regulations.gov/comment/DOT-OST-2019-0180-0335, at 5.
    \11\ See, e.g., Comment of Airlines for America, https://www.regulations.gov/comment/DOT-OST-2019-0180-0337, at 2-3.
    \12\ Id.
---------------------------------------------------------------------------

Announcement of Public Meeting

    Under these circumstances, the Department is of the view that it is
appropriate to hold a public hearing to gather additional information
on all aspects of OBW design before issuing any final binding
regulation on the topic. The Department also finds that the public
meeting will be an appropriate vehicle for the Access Board to gather
additional information before it finalizes advisory guidelines for
OBWs.

Questions Relating to DOT's NPRM Regarding OBW Design

    The Department seeks further information on all aspects of its NPRM
relating to OBW design, including but not limited to:
     Whether the proposed OBW design elements adequately
address accessibility concerns;
     The cost and feasibility of designing, manufacturing, and
implementing compliant OBWs;
     The cost of developing and implementing procedures for
training

crew in unloading, using, and stowing the OBW;
     The dimensions of current OBW stowage spaces in single-
aisle aircraft;
     Whether OBWs that meet the Department's proposed
accessibility standards can be stowed in existing stowage spaces; and
     Aviation safety considerations relating to unloading,
using, and stowing the OBW while in flight.
    We specifically invite disability advocates, airlines, aircraft
manufacturers, manufacturers of OBWs, flight attendant associations,
and other stakeholders to participate in the public meeting. We also
encourage stakeholders and participants to file written materials in
the docket when the comment period reopens, which will be from December
16, 2021 (date of public meeting) to January 17, 2022. The Department
considers this public meeting, along with its prior actions in this
matter, to satisfy the consultation provisions set forth in the ACCESS
Advisory Committee's Term Sheet.

Questions Relating to Access Board's Proposed Voluntary Design
Standards

    As stated earlier, the public meeting will also allow the Access
Board to gather additional information regarding its advisory
guidelines containing recommended dimensions and other technical
specifications for a comfortable and functional aircraft onboard
wheelchair. More specifically, the Access Board is seeking additional
information regarding onboard wheelchair loads and onboard wheelchair
casters.
Onboard Wheelchair Loads
    The overall weight capacity or load of current onboard wheelchairs
varies greatly and ranges from approximately 200 to 800 pounds. In
trying to determine the appropriate load, the Board looked to its
Guidelines for Aircraft Boarding Chairs (1987), which recommends that
seats support at least 723 pounds (weight of a 99th percentile male
with a 3.0 safety factor). See https://www.access-board.gov/research/completed-research/guidelines-for-aircraft-boarding-chairs. Using
updated anthropometrics, the weight of a 99th percentile male with a
3.0 safety factor would be 826 pounds. See Department of Health and
Human Service Centers for Disease Control and Prevention's
Anthropometric Reference Data for Children and Adults: United States,
2011-2014, Table 6, Line 1 (Aug. 2016). However, the boarding chair
(used to transfer a passenger from their personal wheelchair to the
airplane seat) is different than the proposed onboard wheelchair, in
that a boarding chair does not need to fold for storage on the aircraft
or require a cantilever design.
    The Board is not aware of existing industry standards for onboard
wheelchairs that are designed to allow over-the-toilet positioning. In
its proposal, it reserved provisions for loads pending further
information as to what loads are appropriate for an onboard wheelchair
design that accomplishes the proposed functions.
    Comments from the public, including aircraft manufacturers,
recommended that the Board's guidelines reference load specifications
in standards issued by SAE International, ``Foldable On-Board
Wheelchairs for Passengers with Disabilities,'' ARP 4120C (Stabilized
2013).'' The SAE standard specifies loads for onboard wheelchair seats,
seat backs, arm and foot supports, wheels, and assist handles. These
referenced provisions are publicly available (read-only, not for
distribution) until the close of the comment period on January 17,
2022, on SAE International's website at: https://www.sae.org/binaries/content/assets/cm/content/standards/arp4120c_review.pdf.
    Based on its review of the comments on the proposed guidelines, the
Board is considering referencing the SAE International's standard for
loads for seats (<IP_ADDRESS>), arm supports (<IP_ADDRESS>), foot support
(<IP_ADDRESS>), casters (<IP_ADDRESS>), and assist handles of onboard wheelchairs
(<IP_ADDRESS>). The Board seeks comment on whether the loads specified in
the SAE International ARP 4120C Standard are appropriate for an onboard
wheelchair design that allows the chair to be positioned over the
closed lavatory toilet. Alternatively, what other loads should be
specified?
Onboard Wheelchair Casters (Size)
    The guidelines require that caster wheels of onboard wheelchairs
move independently to facilitate maneuvering within the confined space
of aircraft aisles and lavatories. For safety and stability, the
guidelines also require each caster to have wheel locks and swivel
locks. In its proposal, the Board sought comment on whether the
guidelines should specify a minimum size for caster wheels so that they
are large enough to readily travers thresholds at lavatory entrances.
Most commenters recommended that the guidelines specify a performance
requirement instead of a minimum caster size. However, the impact of
thresholds may be significant since the front assist handles will be
used to back occupied onboard wheelchairs into lavatories and to pull
them back out. What is the minimum caster wheel diameter that would
ensure stability of the occupied onboard wheelchair and allow the chair
to easily traverse the lavatory doorway threshold pushing it in and
pulling it out of lavatories using only the front assist handles? The
Board also requests information on the standard height of lavatory
thresholds on single-aisle aircraft with 125 or more passenger seats.

Viewing Documents

    You may view documents mentioned in this notice at https://www.regulations.gov. After entering the docket number (DOT-OST-2019-
0180), click the tab labeled ``Browse & Comment on Documents,'' and
choose the document to review.

    Issued in Washington, DC, on or about this 9th day of November,
2021.
John E. Putnam,
Deputy General Counsel, U.S. Department of Transportation.
[FR Doc. 2021-25000 Filed 11-18-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Proposed Rules]
[Page 71750]
[FR Doc No: 2012-29202]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2012-F-1100]

DSM Nutritional Products; Filing of Food Additive Petition
(Animal Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that DSM
Nutritional Products has filed a petition proposing that the food
additive regulations be amended to provide for the safe use of benzoic
acid as a feed acidifier in swine feed.

DATES: Submit either electronic or written comments on the petitioner's
request for categorical exclusion from preparing an environmental
assessment or environmental impact statement by January 3, 2013.

ADDRESSES: Submit electronic comments to: http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Isabel W. Pocurull, Center for
Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic
Act (section 409(b)(5) (21 U.S.C. 348(b)(5))), notice is given that a
food additive petition (FAP 2273) has been filed by DSM Nutritional
Products, 45 Waterview Blvd., Parsippany, NJ 07054. The petition
proposes to amend Title 21 of the Code of Federal Regulations (CFR) in
part 573 Food Additives Permitted in Feed and Drinking Water of Animals
(21 CFR part 573) to provide for the safe use of benzoic acid as a feed
acidifier in swine feed.
    The petitioner has requested a categorical exclusion from preparing
an environmental assessment or environmental impact statement under 21
CFR 25.32(r). Interested persons may submit a single copy of either
electronic or written comments regarding this request for categorical
exclusion to the Division of Dockets Management (see DATES and
ADDRESSES). Identify comments with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: November 29, 2012.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2012-29202 Filed 12-3-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Page 29251]
[FR Doc No: 2011-12409]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2006-D-0094]

Guidance for Industry and Food and Drug Administration Staff;
Class II Special Controls; Guidance Document: Topical Oxygen Chamber
for Extremities; Availability; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of April 25, 2011 (76 FR 22906).
The document announced the availability of the guidance entitled
``Guidance for Industry and Food and Drug Administration Staff; Class
II Special Controls Guidance Documents: Topical Oxygen Chamber for
Extremities.'' The document published inadvertently with outdated
information in the ADDRESSES, FOR FURTHER INFORMATION CONTACT, and
Electronic Access sections. This document corrects those errors.

FOR FURTHER INFORMATION CONTACT: Charles N. Durfor, Center for Devices
and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. G424,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2011-9898, appearing on page
22906, in the Federal Register of Monday, April 25, 2011, the following
corrections are made:
    1. On page 22906, in the first column, correct the ADDRESSES
caption to read: ADDRESSES: Submit written request for single copies of
the guidance document entitled ``Class II Special Controls Guidance
Document: Topical Oxygen Chamber for Extremities'' to the Division of
Small Manufacturers, International, and Consumer Assistance, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 4613, Silver Spring, MD 20993-0002.
Send one self-addressed adhesive label to assist that office in
processing your request, or fax your request to<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for information on electronic access
to the guidance.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.
    2. On page 22906, in the second column, correct the FOR FURTHER
INFORMATION CONTACT caption to read:

FOR FURTHER INFORMATION CONTACT: Charles N. Durfor, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. G424, Silver Spring, MD 20993-0002, 301-
796-6438.
    3. On page 22906, in the third column, correct the Electronic
Access caption to read:

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. A search capability for all CDRH guidance documents
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are available at http://www.regulations.gov. To receive
``Class II Special Controls Guidance Document: Topical Oxygen Chamber
for Extremities'' you may send an e-mail request to<EMAIL_ADDRESS>to receive an electronic copy of the document or send a fax request to
301-847-8149 to receive a hard copy. Please use the document number
1582 to identify the guidance you are requesting.

    Dated: May 17, 2011.
Nancy K. Stade,
Deputy Director for Policy, Center for Devices and Radiological Health.
[FR Doc. 2011-12409 Filed 5-19-11; 8:45 am]
BILLING CODE 4160-01-P