[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32951-32956]
[FR Doc No: 2023-10971]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-0629; Special Conditions No. 25-803-SC]

Special Conditions: Dassault Aviation Model Falcon 6X Airplane;
Flight Envelope Protection, Icing and Non-Icing Conditions; High-
Incidence Protection

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Dassault Aviation
(Dassault) Model Falcon 6X airplane. This airplane will have novel or
unusual design features associated with flight-envelope protections, in
icing and non-icing conditions, that use high-incidence protection to
automatically advance throttles when the airplane angle of attack (AoA)
reaches a predetermined value. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: This action is effective on Dassault on May 23, 2023. Send
comments on or before July 7, 2023.

ADDRESSES: Send comments identified by Docket No. FAA-2021-0629 using
any of the following methods:
     Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in title 14, Code of Federal Regulations (14 CFR) 11.35, the
FAA will post all comments received without change to https://www.regulations.gov/, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about these special conditions.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to these special
conditions contain commercial or financial information that is
customarily treated

as private, that you actually treat as private, and that is relevant or
responsive to these special conditions, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and the
indicated comments will not be placed in the public docket of these
special conditions. Send submissions containing CBI to the Information
Contact below. Comments the FAA receives, which are not specifically
designated as CBI, will be placed in the public docket for these
special conditions.
    Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Troy Brown, Performance and
Environment Unit, AIR-621A, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification Service, Federal Aviation
Administration, 1801 S Airport Rd., Wichita, KS 67209-2190; telephone
and fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to Sec.  11.38(b), that new comments
are unlikely, and notice and comment prior to this publication are
unnecessary.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On July 1, 2012, Dassault Aviation applied for a type certificate
for its new Model Falcon 5X airplane. However, Dassault has decided not
to release an airplane under the model designation Falcon 5X, instead
choosing to change that model designation to Falcon 6X.
    In February of 2018, due to engine supplier issues, Dassault
extended the type certificate application date for its Model Falcon 5X
airplane under new Model Falcon 6X. This airplane is a twin-engine
business jet with seating for 19 passengers, and has a maximum takeoff
weight of 77,460 pounds.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Dassault must show that the
Model Falcon 6X airplane meets the applicable provisions of part 25, as
amended by amendments 25-1 through 25-146.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Dassault Model Falcon 6X airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Dassault Model Falcon 6X airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Dassault Model Falcon 6X airplane will incorporate the
following novel or unusual design features:
    A high-incidence protection system that replaces the stall warning
system during normal operating conditions, prohibits the airplane from
stalling, limits the angle of attack at which the airplane can be flown
during normal low speed operation, and cannot be overridden by the
flight crew. The application of this angle-of-attack limit impacts the
stall speed determination, the stall characteristics and stall-warning
demonstration, and the longitudinal handling characteristics. The
current airworthiness standards do not contain adequate safety
standards for the unique features of the high-incidence protection
system.

Discussion

    The high-incidence protection system prevents the airplane from
stalling at low speeds and, therefore, a stall-warning system is not
needed during normal flight conditions. However, during failure
conditions, which are not shown to be extremely improbable, the
requirements of Sec. Sec.  25.203 and 25.207 apply, although slightly
modified. If there are failures not shown to be extremely improbable,
the flight characteristics at the AoA for CLmax must be
suitable in the traditional sense, and stall warning must be provided
in a conventional manner.
    These special conditions address this novel or unusual design
feature on the Dassault Model Falcon 6X and contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

Applicability

    As discussed above, these special conditions are applicable to the
Dassault Model Falcon 6X airplane. Should Dassault apply at a later
date for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Dassault Aviation Model Falcon 6X
airplanes.

Special Conditions Part I: Stall Protection and Scheduled Operating
Speeds

Foreword

    In the following paragraphs, ``in icing conditions'' means with the
ice

accretions (relative to the relevant flight phase) as defined in 14 CFR
part 25, Amendment 121, appendix C.

(a) Definitions

    These special conditions address novel or unusual design features
of the Dassault Model Falcon 6X airplane and use terminology that does
not appear in 14 CFR part 25. For the purpose of these special
conditions, the following terms describe certain aspects of these novel
or unusual design feature:
(1) High-Incidence Protection System
    A system that operates directly and automatically on the airplane's
flight controls to limit the maximum angle of attack (AoA) that can be
attained to a value below that at which an aerodynamic stall would
occur.
(2) Alpha-Limit
    The maximum AoA at which the airplane stabilizes with the high-
incidence protection system operating and the longitudinal control held
on its aft stop.
(3) Vmin
    The minimum steady flight speed in the airplane configuration under
consideration with the high-incidence protection system operating. See
section (c) of these special conditions.
(4) Vmin1g
    Vmin corrected to 1-g conditions. See section (c)(3). of
these special conditions. It is the minimum calibrated airspeed at
which the airplane can develop a lift force normal to the flight path
equal to its weight, while at an AoA not greater than that determined
for Vmin.

(b) Capability and Reliability of the High-Incidence Protection System

    The applicant must establish the capability and reliability of the
high incidence protection system. The applicant may establish this
capability and reliability by flight test, simulation, or analysis as
appropriate. The capability and reliability required are:
    (1) It must not be possible during pilot-induced maneuvers to
encounter a stall and handling characteristics must be acceptable, as
required by section (e) of these Special Conditions.
    (2) The airplane must be protected against stalling due to the
effects of wind-shears and gusts at low speeds as required by section
(f) of these Special Conditions.
    (3) The ability of the high-incidence protection system to
accommodate any reduction in stalling incidence must be verified in
icing conditions.
    (4) The high-incidence protection system must be provided in each
abnormal configuration of the high lift devices that is likely to be
used in flight following system failures.
    (5) The reliability of the system and the effects of failures must
be acceptable in accordance with Sec.  25.1309.

(c) Minimum Steady Flight Speed and Reference Stall Speed

    In lieu of Sec.  25.103, the following requirements apply:
    (1) The minimum steady flight speed, Vmin, is the final,
stabilized, calibrated airspeed obtained when the airplane is
decelerated until the longitudinal control is on its stop in such a way
that the entry rate does not exceed 1 knot per second.
    (2) The minimum steady flight speed, Vmin, must be
determined in icing and non-icing conditions with:
    (i) The high-incidence protection system operating normally.
    (ii) Idle thrust and automatic thrust system (if applicable)
inhibited;
    (iii) All combinations of flaps setting and landing gear position
for which Vmin is required to be determined;
    (iv) The weight used when reference stall speed, VSR, is
being used as a factor to determine compliance with a required
performance standard;
    (v) The most unfavorable center of gravity allowable; and
    (vi) The airplane trimmed for straight flight at a speed achievable
by the automatic trim system.
    (3) The 1-g minimum steady-flight speed, Vmin1g, is the
minimum calibrated airspeed at which the airplane can develop a lift
force (normal to the flight path) equal to its weight, while at an
angle of attack not greater than that at which the minimum steady
flight speed of section (c)(1) was determined. It must be determined in
icing and non-icing conditions.
    (4) The reference stall speed, VSR, is a calibrated
airspeed defined by the applicant. VSR may not be less than
a 1g stall speed. VSR must be determined in non-icing
conditions and expressed as:
[GRAPHIC] [TIFF OMITTED] TR23MY23.017

Where:

Calibrated airspeed obtained when the load factor-corrected lift
coefficient
[GRAPHIC] [TIFF OMITTED] TR23MY23.018

 is first a maximum during the maneuver prescribed in section
(c)(5)(viii) of this paragraph,
nzw = Load factor normal to the flight path at
VCLmax,
W = Airplane gross weight,
    S = Aerodynamic reference wing area; and
q = Dynamic pressure.

    (5) VCLmax is determined in non-icing conditions with:
    (i) Engines idling, or, if that resultant thrust causes an
appreciable decrease in stall speed, not more than zero thrust at the
stall speed;
    (ii) The airplane in other respects (such as flaps and landing
gear) in the condition existing in the test or performance standard in
which VSR is being used;
    (iii) The weight used when VSR is being used as a factor
to determine compliance with a required performance standard;
    (iv) The center of gravity position that results in the highest
value of reference stall speed;
    (v) The airplane trimmed for straight flight at a speed achievable
by the automatic trim system, but not less than 1.13 VSR and
not greater than 1.3 VSR;
    (vi) Reserved.
    (vii) The high-incidence protection system adjusted, at the option
of the applicant, to allow higher incidence than is possible with the
normal production system; and
    (viii) Starting from the stabilized trim condition, apply the
longitudinal control to decelerate the airplane so that the speed
reduction does not exceed 1 knot per second.

(d) Stall Warning

    In lieu of Sec.  25.207, the following requirements apply:
(1) Normal Operation
    If the design meets all conditions of Part 1, section (b) of these
special conditions, then the airplane need not provide stall warning
during normal operation. The conditions of section (b) provide an
equivalent level of safety to Sec.  25.207, Stall Warning, so the
provision of an additional, unique warning device is not required.
(2) High-Incidence Protection System Failure
    For any failure of the high-incidence protection system that the
applicant cannot show to be extremely improbable, and that results in
the capability of the system no longer satisfying conditions (b)(1),
(b)(2), and (b)(3), the design must provide stall warning that protects
against encountering unacceptable characteristics and against
encountering stall.
    (i) This stall warning, with the flaps and landing gear in any
normal position, must be clear and distinctive to the pilot and meet
the requirements

specified in conditions (d)(2)(iv) and (d)(2)(v) below.
    (ii) The design must also provide this stall warning in each
abnormal configuration of the high lift devices that is likely to be
used in flight following system failures.
    (iii) The design may furnish this stall warning either through the
inherent aerodynamic qualities of the airplane or by a device that will
give clearly distinguishable indications under expected conditions of
flight. However, a visual stall warning device that requires the
attention of the crew within the flight deck is not acceptable by
itself. If a warning device is used, it must provide a warning in each
of the airplane configurations prescribed in condition (d)(2)(i) above
and for the conditions prescribed below in conditions (d)(2)(iv) and
(d)(2)(v) below.
    (iv) In non-icing conditions, stall warning must provide sufficient
margin to prevent encountering unacceptable characteristics and
encountering stall in the following conditions:
    (A) In power-off straight deceleration not exceeding 1 knot per
second to a speed 5 knots or 5 percent calibrated airspeed (CAS),
whichever is greater, below the warning onset.
    (B) In turning flight, stall deceleration at entry rates up to 3
knots per second when recovery is initiated not less than 1 second
after the warning onset.
    (v) In icing conditions, stall warning must provide sufficient
margin to prevent encountering unacceptable characteristics and
encountering stall, in power off straight and turning flight
decelerations not exceeding 1 knot per second, when the pilot starts a
recovery maneuver not less than three seconds after the onset of stall
warning.
    (vi) An airplane is considered stalled when the behavior of the
airplane gives the pilot a clear and distinctive indication of an
acceptable nature that the airplane is stalled. Acceptable indications
of a stall, occurring either individually or in combination are:
    (A) A nose-down pitch that cannot be readily arrested;
    (B) Buffeting, of a magnitude and severity that is strong and
effective deterrent to further speed reduction; or
    (C) The pitch control reaches the aft stop and no further increase
in pitch attitude occurs when the control is held full aft for a short
time before recovery is initiated.
    (vii) An aircraft exhibits unacceptable characteristics during
straight or turning flight decelerations if it is not always possible
to produce and to correct roll and yaw by unreversed use of aileron and
rudder controls, or abnormal nose-up pitching occurs.

(e) Handling Characteristics at High Incidence

    In lieu of both Sec.  25.201 and Sec.  25.203, the following apply:
(1) High-Incidence Handling Demonstrations
    In lieu of Sec.  25.201: the following apply:
    (i) Maneuvers to the limit of the longitudinal control, in nose-up
pitch, must be demonstrated in straight flight and in 30-degree banked
turns with:
    (A) The high-incidence protection system operating normally;
    (B) Initial power conditions of:
    (1) Power off; and
    (2) The power necessary to maintain level flight at 1.5
VSR1, where VSR1 is the reference stall speed
with flaps in approach position, the landing gear retracted, and
maximum landing weight;
    (C) None;
    (D) Flaps, landing gear, and deceleration devices in any likely
combination of positions;
    (E) Representative weights within the range for which certification
is requested; and
    (F) The airplane trimmed for straight flight at a speed achievable
by the automatic trim system.
    (ii) The following procedures must be used to show compliance in
non-icing and icing conditions:
    (A) Starting at a speed sufficiently above the minimum steady
flight speed to ensure that a steady rate of speed reduction can be
established, apply the longitudinal control so that the speed reduction
does not exceed 1 knot per second until the control reaches the stop.
    (B) The longitudinal control must be maintained at the stop until
the airplane has reached a stabilized flight condition and must then be
recovered by normal recovery techniques.
    (C) Maneuvers with increased deceleration rates:
    (1) In non-icing conditions, the requirements must also be met with
increased rates of entry to the incidence limit, up to the maximum rate
achievable.
    (2) In icing conditions, with the anti-ice system working normally,
the requirements must also be met with increased rates of entry to the
incidence limit, up to 3 knots per second.
    (D) Maneuvers with ice accretion prior to operation of the normal
anti-ice system: With the ice accretion prior to operation of the
normal anti-ice system, the requirement must also be met in
deceleration at 1 knot per second up to full back stick.
(2) Characteristics in High-Incidence Maneuvers
    In lieu of Sec.  25.203, the following apply in icing and non-icing
conditions:
    (i) Throughout maneuvers with a rate of deceleration of not more
than 1 knot per second, both in straight flight and in 30-degree banked
turns, the airplane's characteristics must be as follows:
    (A) There must not be any abnormal nose-up pitching.
    (B) There must not be any uncommanded nose-down pitching, which
would be indicative of stall. However reasonable attitude changes
associated with stabilizing the incidence at Alpha limit as the
longitudinal control reaches the stop would be acceptable.
    (C) There must not be any uncommanded lateral or directional motion
and the pilot must retain good lateral and directional control, by
conventional use of the controls, throughout the maneuver.
    (D) The airplane must not exhibit buffeting of a magnitude and
severity that would act as a deterrent from completing the maneuver
specified in (e)(1)(i).
    (ii) In maneuvers with increased rates of deceleration, some
degradation of characteristics is acceptable, associated with a
transient excursion beyond the stabilized Alpha-limit. However, the
airplane must not exhibit dangerous characteristics or characteristics
that would deter the pilot from holding the longitudinal control on the
stop for a period of time appropriate to the maneuver.
    (iii) It must always be possible to reduce incidence by
conventional use of the controls.
    (iv) The rate at which the airplane can be maneuvered from trim
speeds associated with scheduled operating speeds, such as
V2 and VREF up to Alpha-limit, must not be unduly
damped or be significantly slower than can be achieved on
conventionally controlled transport airplanes.
(3) Characteristics Up to Maximum Lift Angle of Attack
    (i) In non-icing conditions:
    Maneuvers with a rate of deceleration of not more than 1 knot per
second up to the AoA at which VCLmax was obtained, as
defined in section (c) of these special conditions, must be
demonstrated in straight flight and in 30-degree banked turns in the
following configurations:
    (A) The high-incidence protection deactivated or adjusted, at the
option of the applicant, to allow higher incidence than is possible
with the normal production system;

    (B) Automatic thrust increase system inhibited (if applicable);
    (C) Engines idling;
    (D) Flaps and landing gear in any likely combination of positions;
and
    (E) The airplane trimmed for straight flight at a speed achievable
by the automatic trim system.
    (ii) In icing conditions:
    Maneuvers with a rate of deceleration of not more than 1 knot per
second up to the maximum AoA reached during maneuvers from section
(e)(1)(ii)(C)(2) must be demonstrated in straight flight with:
    (A) The high-incidence protection deactivated or adjusted, at the
option of the applicant, to allow higher incidence than is possible
with the normal production system;
    (B) Automatic thrust increase system inhibited (if applicable);
    (C) Engines idling;
    (D) Flaps and landing gear in any likely combination of positions;
and
    (E) The airplane trimmed for straight flight at a speed achievable
by the automatic trim system.
    (iii) During the maneuvers used to show compliance with sections
(e)(3)(i) and (e)(3)(ii) above, the airplane must not exhibit dangerous
characteristics and it must always be possible to reduce AoA by
conventional use of the controls. The pilot must retain good lateral
and directional control, by conventional use of the controls,
throughout the maneuver.

(f) Atmospheric Disturbances

    Operation of the high-incidence protection system must not
adversely affect aircraft control during expected levels of atmospheric
disturbances, nor impede the application of recovery procedures in case
of wind-shear. This must be demonstrated in non-icing and icing
conditions.

(g) Proof of Compliance

    In lieu of Sec.  25.21(b), the design must meet the following
requirement:
    (b) The flying qualities must be evaluated at the most unfavorable
center-of-gravity (CG) position.

(h) Sections 25.145(a), 25.145(b)(6), and 25.1323(d)

    The design must meet the following modified requirements:

 Section 25.145(a) ``Vmin'' in lieu of ``stall
identification''
 Section 25.145(b)(6) ``Vmin'' in lieu of
VSW
 Section 25.1323(d) ``From 1.23 VSR to
Vmin. . .,'' in lieu of ``1.23 VSR to stall
warning speed. . .,'' and ``speeds below Vmin. . .'' in lieu
of ``speeds below stall warning. . .''.

Special Conditions Part II: Credit for Robust Envelope Protection in
Icing Conditions

    (a) In lieu of Sec.  25.21(g)(1), the following requirement
applies: Sec.  25.21, Proof of compliance:
    (g) The requirements of this subpart associated with icing
conditions apply only if certification for flight in icing conditions
is desired. If certification for flight in icing conditions is desired,
the following requirements also apply (see AC 25-25):
    (1) Each requirement of this subpart, except Sec. Sec.  25.121(a),
25.123(c), 25.143(b)(1) and (b)(2), 25.149, 25.201(c)(2), 25.207(c) and
(d), and 25.251(b) through (e), must be met in icing conditions.
Compliance must be shown using the ice accretions defined in appendix
C, assuming normal operation of the airplane and its ice protection
system in accordance with the operating limitations and operating
procedures established by the applicant and provided in the Airplane
Flight Manual.
    (b) In lieu of Sec.  25.103, define the stall speed as provided in
Special Conditions Part I, section (c).
    (c) In lieu of Sec.  25.105(a)(2)(i), the following applies:
    Section 25.105, Take-off:
    (2) In icing conditions, if in the configuration of Sec.  25.121(b)
with the ``Take-off Ice'' accretion defined in appendix C:
    (i) the V2 speed scheduled in non-icing conditions does
not provide the maneuvering capability specified in Sec.  25.143(h) for
the takeoff configuration, or
    (d) In lieu of Sec.  25.107(c) and (g), the following apply, with
additional sections (c') and (g'):
    Section 25.107, Take-Off Speeds:
    (c) In non-icing conditions V2, in terms of calibrated
airspeed, must be selected by the applicant to provide at least the
gradient of climb required by Sec.  25.121(b) but may not be less
than--
    (1) V2min;
    (2) VR plus the speed increment attained (in accordance
with Sec.  25.111(c)(2)) before reaching a height of 35 feet above the
takeoff surface; and
    (3) A speed that provides the maneuvering capability specified in
Sec.  25.143(h).
    (c') in icing conditions with the ``take-off ice'' accretion
defined in part 25, appendix C, V2 may not be less than--
    (1) the V2 speed determined in non-icing conditions; and
    (2) A speed that provides the maneuvering capability specified in
Sec.  25.143(h).
    (g) In non-icing conditions, VFTO, in terms of
calibrated airspeed, must be selected by the applicant to provide at
least the gradient of climb required by Sec.  25.121(c), but may not be
less than--
    (1) 1.18 VSR; and
    (2) A speed that provides the maneuvering capability specified in
Sec.  25.143(h).
    (g') in icing conditions with the ``Final take-off ice'' accretion
defined in part 25, appendix C, VFTO may not be less than--
    (1) the VFTO speed determined in non-icing conditions.
    (2) A speed that provides the maneuvering capability specified in
Sec.  25.143(h).
    (e) In lieu of Sec. Sec.  25.121(b)(2)(ii)(A), 25.121(c)(2)(ii)(A),
and 25.121(d)(2)(ii), the following apply:
    Section 25.121, Climb: One-Engine Inoperative:
    In lieu of Sec.  25.121(b)(2)(ii)(A):
    (A) The V2 speed scheduled in non-icing conditions does
not provide the maneuvering capability specified in Sec.  25.143(h) for
the take-off configuration; or
    In lieu of Sec.  25.121(c)(2)(ii)(A):
    (A) The VFTO speed scheduled in non-icing conditions
does not provide the maneuvering capability specified in Sec.
25.143(h) for the en-route configuration; or
    In lieu of Sec.  25.121(d)(2)(ii):
    (d)(2) The requirements of sub-paragraph (d)(1) of this paragraph
must be met:
    (ii) In icing conditions with the approach ice accretion defined in
part 25, appendix C, in a configuration corresponding to the normal
all-engines-operating procedure in which Vmin1g for this
configuration does not exceed 110% of the Vmin1g for the
related all-engines-operating landing configuration in icing, with a
climb speed established with normal landing procedures, but not more
than 1.VSR (VSR determined in non-icing
conditions).
    (f) In lieu of Sec.  25.123(b)(2)(i), the following requirements
apply:
    Section 25.123, En-route flight paths.
    (i) The minimum en-route speed scheduled in non-icing conditions
does not provide the maneuvering capability specified in Sec.
25.143(h) for the en-route configuration; or
    (g) In lieu of Sec.  25.125(b)(2)(ii)(B), replace with the
following requirements and remove Sec.  25.125(b)(2)(ii)(C):
    Section 25.125, Landing.
    (B) A speed that provides the maneuvering capability specified in
Sec.  25.143(h) with the landing ice accretion defined in part 25,
appendix C.
    (C) [removed].
    (h) In lieu of Sec.  25.143(j)(1), the following applies:

    Section 25.143, General.
    (1) The airplane is controllable in a pull-up maneuver up to 1.5g
load factor or lower if limited by AoA protection.
    (i) In lieu of Sec.  25.207, Stall warning, change to read as the
requirements defined in Part I Special Conditions, section (d).

    Issued in Des Moines, Washington, on May 18, 2023.
Suzanne A. Masterson,
Acting Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-10971 Filed 5-22-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Notices]
[Pages 53497-53498]
[FR Doc No: 2013-21037]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[DOT Docket No. NHTSA-2013-0001]

Uniform Procedures for State Highway Safety Grant Programs

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for public comment on collection of information.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), on January 23, 2013 (78 FR 4986), the agency
published a notice in the Federal Register soliciting public comment on
the proposed Information Collection Request (ICR) abstracted below. In
further compliance, the agency now publishes this additional notice
announcing that the information collection request has been forwarded
to the Office of Management and Budget (OMB) for review and comment.

DATES: Comments must be submitted on or before September 30, 2013.

ADDRESSES: Written comments to NHTSA may be submitted using any one of
the following methods:
     Mail: Send comments to: Docket Management Facility, M-30,
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590.
     Fax: Written comments may be faxed to<PHONE_NUMBER>.
     Internet: To submit comments electronically, go to the
U.S. Government regulations Web site at http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Hand Delivery: If you plan to submit written comments by
hand or courier, please do so at 1200 New Jersey Avenue SE., West
Building, Ground Floor, Room W12-140, Washington, DC, between 9 a.m.
and 5 p.m., Eastern Time, Monday through Friday, except Federal
holidays.
    Whichever way you submit your comments, please remember to identify
the docket number of this document within your correspondence. You may
contact the docket by telephone at<PHONE_NUMBER>.
    Docket: All documents in the dockets are listed in the http://www.regulations.gov index. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
at the Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC. The Docket Management Facility is
open between 9 a.m. and 5 p.m., Eastern Time, Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Barbara Sauers, Program Manager,
National Highway Traffic Safety Administration, Office of Regional
Operations and Program Delivery. Telephone number:<PHONE_NUMBER>.
Email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: Uniform Procedures for State Highway Safety Grant Programs.
    OMB Number: 2127-0687.
    Type of Request: Approval of information collection request used
for the administration of state highway safety grant programs.
    Affected Public: 57 State governments and jurisdictions (fifty
States, the District of Columbia, Puerto Rico, U.S. Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
and the Secretary of the Interior).
    Abstract: MAP-21, the Moving Ahead for Progress in the 21st Century
Act (Pub. L. 112-141), authorizes the National Highway Traffic Safety
Administration to issue highway safety grants to States under Chapter 4
of Title 23, U.S.C. for fiscal years (FY) 2013-14. These Chapter 4
grant programs are identified as the Highway Safety

Program Grants under 23 U.S.C. 402 and the National Priority Safety
Program Grants under 23 U.S.C. 405.
    Under MAP-21, the statute directs States to submit a Highway Safety
Plan (HSP) that serves as a single, consolidated application for the
grants. The information collected as part of the required HSP includes
information on the highway safety planning process, performance plan,
highway safety strategies and projects, performance report, program
cost summary, certifications and assurances, and an application for
Section 405 grants. In general, a State is required to submit
information to the agency that supports its qualifications for
receiving grant funds.
    Consistent with the statute, the agency published an interim final
rule creating an application process for States to apply for these
grant funds. An additional section of the interim final rule explained
the agency's information collection request identifying the affected
public and estimating the burden hours.
    The estimated burden hours for the collection of information were
based on all eligible respondents (i.e., applicants) for each of the
grants:
     Section 402 grants: 57 (fifty States, the District of
Columba, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Secretary of the
Interior);
     Section 405(f) grants: 52 (fifty States, the District of
Columbia, and Puerto Rico);
     Section 405(a)-(e), (g) grants: 56 (fifty States, the
District of Columba, Puerto Rico, U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands).
    The agency estimated that it would take each respondent
approximately 240 hours to collect, review and submit the reporting
information to NHTSA for the Section 402 program and further estimated
that it would take each respondent approximately 180 hours to collect,
review and submit the reporting information to NHTSA for the Section
405 program. Based on the above information, the estimated annual
burden hours for all respondents is 23,940 hours.
    Assuming the average salary of these individuals is $50.00 per
hour, the estimated cost for each respondent is $21,000; the estimated
total cost for all respondents is $1,197,000. (This represents a
reduced burden estimate from the interim final rule to reflect that
this notice does not include burden estimates for the program cost
summary information included with the HSP (i.e., HS-217 form). This
information is collected under a previously approved information
collection request (OMB Control Number 2127-0003.))
    These estimates present the highest possible burden hours and
amounts possible. All States do not apply for and receive a grant each
year under each of these programs.
    In response to the information collection request published in the
interim final rule, the agency received one comment from the Montana
Department of Transportation referencing paperwork reduction act
criteria. The commenter concludes that the agency violated the
paperwork reduction act by requiring that States submit certain
information with their grant applications. However, in our view, this
comment concerns substantive grant application requirements, rather
than identifying specific issues with paperwork reduction act
compliance. As a result, we will respond to this comment along with
other similar comments on grant application requirements in the final
rule.
    Comments are invited on:
     Whether the collection of information is necessary for the
proper performance of the functions of the Department, including
whether the information will have practical utility.
     Whether the Department's estimate for the burden of the
information collection is accurate.
     Ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.

Please submit any comments, identified by the docket number in the
heading of this document, by any of the methods described in the
ADDRESSES section of this document. Comments are due by September 30,
2013.

Mary D. Gunnels,
Associate Administrator, Regional Operations and Program Delivery.
[FR Doc. 2013-21037 Filed 8-28-13; 8:45 am]
BILLING CODE P


[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Page 64379]
[FR Doc No: 2023-20012]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 14

[Docket No. FDA-2023-N-3497]

Advisory Committee; Board of Tea Experts; Termination and
Technical Amendment to the Citation for the Federal Advisory Committee
Act

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
announcing the termination of the Board of Tea Experts by the Federal
Tea Tasters Repeal Act of 1996. This document removes the Board of Tea
Experts from the Agency's list of standing advisory committees. FDA is
also updating the statutory citation to the Federal Advisory Committee
Act to reflect recodification. This technical change aligns with the
desire of Congress to incorporate various provisions that were enacted
separately over a period of years; reorganize them; conforming style
and terminology; modernizing obsolete language; and correcting drafting
errors to remove ambiguities, contradictions, and other imperfections
without changing the meaning of or effect of existing law.

DATES: This rule is effective September 19, 2023.

FOR FURTHER INFORMATION CONTACT: Michael Ortwerth, Advisory Committee
Oversight and Management Staff, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002, 301-
796-8220; or [email protected].

SUPPLEMENTARY INFORMATION: The Board of Tea Experts was established on
March 2, 1897, by the Tea Importation Act of 1897 (Pub. L. 54-358,
section 2, March 2, 1897, 29 Stat. 604). The Board was responsible for
making recommendations to the Secretary of the Treasury to fix and
establish uniform standards of purity, quality, and fitness for
consumption of all kinds of teas imported into the United States. The
Board was terminated by the Federal Tea Tasters Repeal Act of 1996
(Pub. L. 104-128, section 3, April 9, 1996, 110 Stat. 1198). This
document aligns FDA's list of standing advisory committees with
existing law by removing the Board of Tea Experts.
    Additionally, with the passage of the Act of December 27, 2022
(Pub. L. 117-286, 136 Stat. 4196), Congress made revisions in title 5
of the U.S. Code, as necessary to keep the title current and to make
technical amendments to improve the U.S. Code. In doing so, it
recodified the Federal Advisory Committee Act to chapter 10 of the U.S.
Code. Thus, the appropriate regulatory citation to the Federal Advisory
Committee Act is now 5 U.S.C. 1001 et seq. With this final rule, the
new citation is updated in the authority citation of part 14 (21 CFR
part 14).
    Under 5 U.S.C. 553(b)(4)(B) and (d)(3) and 21 CFR 10.40(d) and (e),
the Agency finds good cause to dispense with notice and public comment
procedures and to proceed to an immediate effective date on this rule.
Notice and public comment and a delayed effective date are unnecessary
and not in the public interest as the Board was terminated by statute
in 1996, and this final rule merely removes the name of the Board of
Tea Experts from the list of standing advisory committees in Sec.
14.100 (21 CFR 14.100) and updates the authority citation of 21 CFR
part 14 to appropriately cite the Federal Advisory Committee Act (5
U.S.C. 1001 et seq.). This is a technical amendment to conform the
citation to the recodification enacted on December 27, 2022, and does
not substantively alter the legal authority underlying part 14.
    Therefore, the Agency is amending the authority citation of part 14
and Sec.  14.100(a) as set forth in the regulatory text of this
document.

List of Subjects in 21 CFR Part 14

    Administrative practice and procedure, Advisory committees, Color
additives, Drugs, Radiation protection.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
14 is amended as follows:

PART 14--PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE

0
1. The authority citation for part 14 is revised to read as follows:

    Authority: 5 U.S.C. 1001 et seq.; 15 U.S.C. 1451-1461; 21 U.S.C.
41-50, 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264, 284m, 284m-1; Pub. L. 107-109, 115 Stat.
1419.

Sec.  14.100  [Amended]

0
2. Amend Sec.  14.100 by removing paragraph (a)(1) and redesignating
paragraphs (a)(2) through (5) as paragraphs (a)(1) through (4).

    Dated: September 12, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-20012 Filed 9-18-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Pages 90391-90394]
[FR Doc No: 2016-29938]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79506; File No. SR-NYSEArca-2016-158]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the
Exchange's Schedule of Fees and Charges Relating to the Listing and
Annual Fees Applicable to Certain Structured Products

December 8, 2016
    Pursuant to Section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 29, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Schedule of Fees and
Charges (``Fee Schedule'') relating to the Listing and Annual Fees
applicable to certain Structured Products. This amendment to the Fee
Schedule is effective November 29, 2016. The proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Exchange's Schedule of Fees and
Charges (``Fee Schedule'') relating to the Listing Fee and the Annual
Fee applicable to certain ``Structured Products'', as described
below.\4\ This amendment to the Fee Schedule is effective November 29,
2016.
---------------------------------------------------------------------------

    \4\ ``Structured Products'' are defined in Note 4 to the Fee
Schedule as securities listed under Rule 5.2(j)(1) (Other
Securities), 5.2(j)(2) (Equity Linked Notes); Rule 5.2(j)(4) (Index-
Linked Exchangeable Notes); Rule 5.2(j)(6) (Equity Index-Linked
Securities, Commodity-Linked Securities, Currency-Linked Securities,
Fixed Income Index-Linked Securities, Futures-Linked Securities and
Multifactor Indexed-Linked Securities (collectively, ``Index-Linked
Securities'')); Rule 5.2(j)(7) (Trust Certificates); Rule 8.3
(Currency and Index Warrants); and Rule 8.400 (Paired Trust Shares).
---------------------------------------------------------------------------

    Currently, the Exchange's Fee Schedule provides for a ``Listing
Fee'' for issues of ``Structured Products'' which ranges from $5,000 to
$45,000 based on the number of shares outstanding.
    The Exchange proposes to amend the Fee Schedule to eliminate the
Listing Fee in connection with Exchange listing of certain Structured
Products effective November 29, 2016, as described below. Exchange
rules applicable to listing of Structured Products under NYSE Arca
Equities Rules 5.2(j)(2), 5.2(j)(4) and 5.2(j)(6) provide for listing
such products pursuant to Rule 19b-4(e) under the Act if they satisfy
all criteria--referred to as ``generic'' listing criteria--in such
rule. If an issue of such Structured Products does not satisfy all
applicable generic criteria, the Commission must approve or issue a
notice of effectiveness with respect to a proposed rule change filed by
the Exchange pursuant to Section 19(b) of the Act prior to Exchange
listing of such issue.
    The Exchange proposes to eliminate the Listing Fee for the
following Structured Products listed on the Exchange pursuant to Rule
19b-4(e) under the Act, and for which a proposed rule change pursuant
to Section 19(b) of the Act is not required to be filed with the
Commission: (i) Equity Linked Notes (listed under Rule 5.2(j)(2)); (ii)
Index-Linked Exchangeable Notes (listed under Rule 5.2(j)(4)); and
(iii) Index-Linked Securities (listed under Rule 5.2(j)(6))
(collectively, ``Generically-Listed Structured Products''). The
Exchange believes that eliminating the Listing Fee for Generically-
Listed Structured Products would help correlate the Listing Fee
applicable to an issue of Generically-Listed Structured Products to the
resources required to list such securities on the Exchange. The
Exchange believes it is appropriate to eliminate the Listing Fee for
Generically-Listed Structured Products because such products do not
require a commitment of time and resources by Exchange staff to prepare
and review Rule 19b-4 filings for Structured Products other than
Generically-Listed Structured Products, and to communicate with issuers
and the Commission staff regarding such filings. Application of a
Listing Fee for Structured Products other than Generically-Listed
Structured Products is appropriate because the Exchange generally
incurs increased costs in connection with the listing administration
process, issuer services, and consultative legal services when a
proposed rule change pursuant to Section 19(b) of the Act is required
to be filed with the Commission.\5\
---------------------------------------------------------------------------

    \5\ The Exchange has eliminated the Exchange Listing Fee
applicable to certain Exchange Traded Products for which a proposed
rule change pursuant to Section 19(b) of the Act is not required to
be filed with the Commission. See Securities Exchange Act Release
No. 78633 (August 22, 2016), 81 FR 59025 (August 26, 2016) (SR-
NYSEArca-2016-114) (notice of filing and immediate effectiveness of
proposed rule change amending the Exchange's Schedule of Fees and
Charges to eliminate the Listing Fee in connection with Exchange
listing of certain Exchange Traded Products).
---------------------------------------------------------------------------

    The Exchange also proposes to amend the Exchange's Fee Schedule
relating to the Annual Fee payable in connection with Exchange listing
of Index-Linked Securities.\6\ The issuer of a series of Index-Linked
Securities, which are referred to as exchange-traded notes (or
``ETNs''), may issue a subsequent series of ETNs based on the identical
reference asset (for example, stock index) as the initially-listed
securities. The Exchange proposes to amend the Fee Schedule to provide
that multiple series of securities listed under Rule 5.2(j)(6) that are
issued by the same issuer and are based on an identical reference asset
and leverage factor (i.e., 1X, -1X, 2X, -2X, 3X or -3X) will receive a
30% discount off the aggregate calculated Annual Fee for such multiple
series. Thus, for such series, the Exchange would aggregate the Annual
Fee that would apply to the initial and subsequently issued series, and
apply a 30% discount to the aggregated Annual Fee amount.
---------------------------------------------------------------------------

    \6\ The Fee Schedule provides that Annual Fees for Structured
Products range from $10,000 to $55,000, based on the total number of
securities outstanding per listed issue.
---------------------------------------------------------------------------

    Example: An issuer issues ETN Series A based on the S&P 500 Index
with a leverage factor of 2X and subsequently issues Series B based on
the S&P 500 Index with a leverage factor of 2X. Series A has 20 million
shares outstanding and Series B has 7 million shares outstanding. The
Annual Fee, calculated separately, for Series A is $25,000 and, for
Series B, $12,000. The aggregate Annual Fee for both series is $37,000.
The aggregate Annual Fee would be reduced by 30%, and the Annual Fee
for both series combined would be $25,900.
    The Exchange believes it is appropriate to provide a reduction in
the Annual Fee for related ETNs, as described above, because such
reduction will facilitate the issuance of additional ETNs series, which
may provide enhanced competition among ETN issuers, while providing a
reduction in fees to certain issuers listing additional ETN series. The
proposed reduction would apply equally to all issuers issuing
additional ETN series based on the same reference asset and leverage
factor. The Exchange believes that a discount, as described above, is
appropriate in such cases because the Exchange would incur cost savings
relating to listing review, ongoing regulatory compliance, issuer
services and legal services in connection with listing of such
additional related ETNs that are commensurate with the proposed
reduction in Annual Fees.

    Notwithstanding the proposed amendments to the Listing Fee and
Annual Fee, as described above, the Exchange will continue to be able
to fund its regulatory obligations.
2. Statutory Basis
    NYSE Arca believes that the proposal is consistent with Section
6(b) \7\ of the Act, in general, and Section 6(b)(4) \8\ of the Act in
particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its issuers and other
persons using its facilities. In addition, the Exchange believes the
proposal is consistent with the requirement under Section 6(b)(5) \9\
that an exchange have rules that are designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest; and are not designed to permit unfair discrimination
between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed elimination of the Listing Fee for certain
Generically-Listed Structured Products, as described above, is
equitable and does not unfairly discriminate between issuers because it
would apply uniformly to issues of Structured Products that are listed
generically under Exchange rules. The Exchange believes eliminating the
Listing Fee for such Structured Products, as described above, listed on
the Exchange pursuant to Rule 19b-4(e) under the Act, and for which a
proposed rule change pursuant to Section 19(b) of the Act is not
required to be filed with the Commission, would help correlate the
Listing Fee applicable to an issue of Structured Products to the
resources required to list such securities on the Exchange. The
Exchange believes it is appropriate to continue to charge a Listing Fee
for Structured Products other than Generically-Listed Structured
Products for which a proposed rule change pursuant to Section 19(b) of
the Act is required to be filed because of the significant additional
extensive time and legal and business resources required by Exchange
staff to prepare and review such filings and to communicate with
issuers and the Commission regarding such filings.
    The Exchange believes it is appropriate to provide a reduction in
the Annual Fee for ETNs, as described above, because such reduction
will facilitate the issuance of additional ETN series, which may
provide enhanced competition among ETN issuers, while providing a
reduction in fees to certain issuers listing additional ETN series. The
proposed reduction would apply equally to all issuers issuing
additional ETNs series based on the same reference asset and leverage
factor. The Exchange believes that a discount, as described above, is
appropriate in such cases because the Exchange would incur cost savings
relating to listing review, ongoing regulatory compliance, issuer
services and legal services in connection with listing of such
additional related ETNs that are commensurate with the proposed
reduction in Annual Fees.
B. Self-Regulatory Organization's Statement on Burden on Competition
    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange believes the
proposed rule change would promote competition because it will
eliminate the Listing Fee for certain Structured Products and reduce
the Annual Fee for certain ETNs and will therefore encourage issuers to
develop and list additional Structured Products on the Exchange.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B)\12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. 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-2016-158 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-2016-158. 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 Web site (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 Web site 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-

NYSEArca-2016-158 and should be submitted on or before January 4, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29938 Filed 12-13-16; 8:45 am]
 BILLING CODE 8011-01-P