certification is sought, but need not be met for other configurations.
Compliance must be shown using the ice accretions defined in part II,
paragraphs (c) and (d) of Appendix O, 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.

0
3. Amend Sec.  25.105 by revising paragraph (a)(2) introductory text to
read as follows:

Sec.  25.105  Takeoff.

    (a) * * *
    (2) In icing conditions, if in the configuration used to show
compliance with Sec.  25.121(b), and with the most critical of the
takeoff ice accretion(s) defined in Appendices C and O of this part, as
applicable, in accordance with Sec.  25.21(g):
* * * * *

0
4. Amend Sec.  25.111 by revising paragraphs (c)(5)(i) and (ii) to read
as follows:

Sec.  25.111  Takeoff path.

* * * * *
    (c) * * *
    (5) * * *
    (i) With the most critical of the takeoff ice accretion(s) defined
in Appendices C and O of this part, as applicable, in accordance with
Sec.  25.21(g), from a height of 35 feet above the takeoff surface up
to the point where the airplane is 400 feet above the takeoff surface;
and
    (ii) With the most critical of the final takeoff ice accretion(s)
defined in Appendices C and O of this part, as applicable, in
accordance with Sec.  25.21(g), from the point where the airplane is
400 feet above the takeoff surface to the end of the takeoff path.
* * * * *

0
5. Amend Sec.  25.119 by revising paragraph (b) to read as follows:

Sec.  25.119  Landing climb: All-engines-operating.

* * * * *
    (b) In icing conditions with the most critical of the landing ice
accretion(s) defined in Appendices C and O of this part, as applicable,
in accordance with Sec.  25.21(g), and with a climb speed of
VREF determined in accordance with Sec.  25.125(b)(2)(ii).

0
6. Amend Sec.  25.121 by revising paragraphs (b)(2)(ii) introductory
text, (c)(2)(ii) introductory text, and (d)(2)(ii) to read as follows:

Sec.  25.121  Climb: One-engine-inoperative.

* * * * *
    (b) * * *
    (2) * * *
    (ii) In icing conditions with the most critical of the takeoff ice
accretion(s) defined in Appendices C and O of this part, as applicable,
in accordance with Sec.  25.21(g), if in the configuration used to show
compliance with Sec.  25.121(b) with this takeoff ice accretion:
* * * * *
    (c) * * *
    (2) * * *
    (ii) In icing conditions with the most critical of the final
takeoff ice accretion(s) defined in Appendices C and O of this part, as
applicable, in accordance with Sec.  25.21(g), if in the configuration
used to show compliance with Sec.  25.121(b) with the takeoff ice
accretion used to show compliance with Sec.  25.111(c)(5)(i):
* * * * *
    (d) * * *
    (2) * * *
    (ii) In icing conditions with the most critical of the approach ice
accretion(s) defined in Appendices C and O of this part, as applicable,
in accordance with Sec.  25.21(g). The climb speed selected for non-
icing conditions may be used if the climb speed for icing conditions,
computed in accordance with paragraph (d)(1)(iii) of this section, does
not exceed that for non-icing conditions by more than the greater of 3
knots CAS or 3 percent.

0
7. Amend Sec.  25.123 by revising paragraph (b)(2) introductory text to
read as follows:

Sec.  25.123  En route flight paths.

* * * * *
    (b) * * *
    (2) In icing conditions with the most critical of the en route ice
accretion(s) defined in Appendices C and O of this part, as applicable,
in accordance with Sec.  25.21(g), if:
* * * * *

0
8. Amend Sec.  25.125 by revising paragraphs (a)(2), (b)(2)(ii)(B), and
(b)(2)(ii)(C) to read as follows:

Sec.  25.125  Landing.

    (a) * * *
    (2) In icing conditions with the most critical of the landing ice
accretion(s) defined in Appendices C and O of this part, as applicable,
in accordance with Sec.  25.21(g), if VREF for icing
conditions exceeds VREF for non-icing conditions by more
than 5 knots CAS at the maximum landing weight.
    (b) * * *
    (2) * * *
    (ii) * * *
    (B) 1.23 VSR0 with the most critical of the landing ice
accretion(s) defined in Appendices C and O of this part, as applicable,
in accordance with Sec.  25.21(g), if that speed exceeds
VREF selected for non-icing conditions by more than 5 knots
CAS; and
    (C) A speed that provides the maneuvering capability specified in
Sec.  25.143(h) with the most critical of the landing ice accretion(s)
defined in Appendices C and O of this part, as applicable, in
accordance with Sec.  25.21(g).
* * * * *

0
9. Amend Sec.  25.143 by revising paragraphs (c) introductory text,
(i)(1), and (j) introductory text to read as follows:

Sec.  25.143  General.

* * * * *
    (c) The airplane must be shown to be safely controllable and
maneuverable with the most critical of the ice accretion(s) appropriate
to the phase of flight as defined in Appendices C and O of this part,
as applicable, in accordance with Sec.  25.21(g), and with the critical
engine inoperative and its propeller (if applicable) in the minimum
drag position:
* * * * *
    (i) * * *
    (1) Controllability must be demonstrated with the most critical of
the ice accretion(s) for the particular flight phase as defined in
Appendices C and O of this part, as applicable, in accordance with
Sec.  25.21(g);
* * * * *
    (j) For flight in icing conditions before the ice protection system
has been activated and is performing its intended function, it must be
demonstrated in flight with the most critical of the ice accretion(s)
defined in Appendix C, part

II, paragraph (e) of this part and Appendix O, part II, paragraph (d)
of this part, as applicable, in accordance with Sec.  25.21(g), that:
* * * * *

0
10. Amend Sec.  25.207 by revising paragraphs (b), (e)(1), (e)(2),
(e)(3), (e)(4), (e)(5), and (h) introductory text as follows:

Sec.  25.207  Stall warning.

* * * * *
    (b) The warning must be furnished 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 cockpit is not acceptable by itself.
If a warning device is used, it must provide a warning in each of the
airplane configurations prescribed in paragraph (a) of this section at
the speed prescribed in paragraphs (c) and (d) of this section. Except
for the stall warning prescribed in paragraph (h)(3)(ii) of this
section, the stall warning for flight in icing conditions must be
provided by the same means as the stall warning for flight in non-icing
conditions.
* * * * *
    (e) * * *
    (1) The most critical of the takeoff ice and final takeoff ice
accretions defined in Appendices C and O of this part, as applicable,
in accordance with Sec.  25.21(g), for each configuration used in the
takeoff phase of flight;
    (2) The most critical of the en route ice accretion(s) defined in
Appendices C and O of this part, as applicable, in accordance with
Sec.  25.21(g), for the en route configuration;
    (3) The most critical of the holding ice accretion(s) defined in
Appendices C and O of this part, as applicable, in accordance with
Sec.  25.21(g), for the holding configuration(s);
    (4) The most critical of the approach ice accretion(s) defined in
Appendices C and O of this part, as applicable, in accordance with
Sec.  25.21(g), for the approach configuration(s); and
    (5) The most critical of the landing ice accretion(s) defined in
Appendices C and O of this part, as applicable, in accordance with
Sec.  25.21(g), for the landing and go-around configuration(s).
* * * * *
    (h) The following stall warning margin is required for flight in
icing conditions before the ice protection system has been activated
and is performing its intended function. Compliance must be shown using
the most critical of the ice accretion(s) defined in Appendix C, part
II, paragraph (e) of this part and Appendix O, part II, paragraph (d)
of this part, as applicable, in accordance with Sec.  25.21(g). The
stall warning margin in straight and turning flight must be sufficient
to allow the pilot to prevent stalling without encountering any adverse
flight characteristics when:
* * * * *

0
11. Amend Sec.  25.237 by revising paragraph (a)(3)(ii) to read as
follows:

Sec.  25.237  Wind velocities.

    (a) * * *
    (3) * * *
    (ii) Icing conditions with the most critical of the landing ice
accretion(s) defined in Appendices C and O of this part, as applicable,
in accordance with Sec.  25.21(g).
* * * * *

0
12. Amend Sec.  25.253 by revising paragraph (c) introductory text to
read as follows:

Sec.  25.253  High-speed characteristics.

* * * * *
    (c) Maximum speed for stability characteristics in icing
conditions. The maximum speed for stability characteristics with the
most critical of the ice accretions defined in Appendices C and O of
this part, as applicable, in accordance with Sec.  25.21(g), at which
the requirements of Sec. Sec.  25.143(g), 25.147(f), 25.175(b)(1),
25.177(a) through (c), and 25.181 must be met, is the lower of:
* * * * *

0
13. Amend Sec.  25.773 by revising paragraph (b)(1)(ii) to read as
follows:

Sec.  25.773  Pilot compartment view.

* * * * *
    (b) * * *
    (1) * * *
    (ii) The icing conditions specified in Appendix C of this part and
the following icing conditions specified in Appendix O of this part, if
certification for flight in icing conditions is sought:
    (A) For airplanes certificated in accordance with Sec.
25.1420(a)(1), the icing conditions that the airplane is certified to
safely exit following detection.
    (B) For airplanes certificated in accordance with Sec.
25.1420(a)(2), the icing conditions that the airplane is certified to
safely operate in and the icing conditions that the airplane is
certified to safely exit following detection.
    (C) For airplanes certificated in accordance with Sec.
25.1420(a)(3) and for airplanes not subject to Sec.  25.1420, all icing
conditions.
* * * * *

0
14. Amend Sec.  25.903 by adding a new paragraph (a)(3) to read as
follows:

Sec.  25.903  Engines.

    (a) * * *
    (3) Each turbine engine must comply with one of the following
paragraphs:
    (i) Section 33.68 of this chapter in effect on January 5, 2015, or
as subsequently amended; or
    (ii) Section 33.68 of this chapter in effect on February 23, 1984,
or as subsequently amended before January 5, 2015, unless that engine's
ice accumulation service history has resulted in an unsafe condition;
or
    (iii) Section 33.68 of this chapter in effect on October 1, 1974,
or as subsequently amended prior to February 23, 1984, unless that
engine's ice accumulation service history has resulted in an unsafe
condition; or
    (iv) Be shown to have an ice accumulation service history in
similar installation locations which has not resulted in any unsafe
conditions.
* * * * *

0
15. Amend Sec.  25.929 by revising paragraph (a) to read as follows:

Sec.  25.929  Propeller deicing.

    (a) If certification for flight in icing is sought there must be a
means to prevent or remove hazardous ice accumulations that could form
in the icing conditions defined in Appendix C of this part and in the
portions of Appendix O of this part for which the airplane is approved
for flight on propellers or on accessories where ice accumulation would
jeopardize engine performance.
* * * * *

0
16. Amend Sec.  25.1093 by revising paragraph (b) to read as follows:

Sec.  25.1093  Induction system icing protection.

* * * * *
    (b) Turbine engines. Except as provided in paragraph (b)(3) of this
section, each engine, with all icing protection systems operating,
must:
    (1) Operate throughout its flight power range, including the
minimum descent idling speeds, in the icing conditions defined in
Appendices C and O of this part, and Appendix D of part 33 of this
chapter, and in falling and blowing snow within the limitations
established for the airplane for such operation, without the
accumulation of ice on the engine, inlet system components, or airframe
components that would do any of the following:
    (i) Adversely affect installed engine operation or cause a
sustained loss of power or thrust; or an unacceptable increase in gas
path operating

temperature; or an airframe/engine incompatibility; or
    (ii) Result in unacceptable temporary power loss or engine damage;
or
    (iii) Cause a stall, surge, or flameout or loss of engine
controllability (for example, rollback).
    (2) Operate at ground idle speed for a minimum of 30 minutes on the
ground in the following icing conditions shown in Table 1 of this
section, unless replaced by similar test conditions that are more
critical. These conditions must be demonstrated with the available air
bleed for icing protection at its critical condition, without adverse
effect, followed by an acceleration to takeoff power or thrust in
accordance with the procedures defined in the airplane flight manual.
During the idle operation, the engine may be run up periodically to a
moderate power or thrust setting in a manner acceptable to the
Administrator. Analysis may be used to show ambient temperatures below
the tested temperature are less critical. The applicant must document
the engine run-up procedure (including the maximum time interval
between run-ups from idle, run-up power setting, and duration at
power), the associated minimum ambient temperature, and the maximum
time interval. These conditions must be used in the analysis that
establishes the airplane operating limitations in accordance with Sec.
25.1521.
    (3) For the purposes of this section, the icing conditions defined
in appendix O of this part, including the conditions specified in
Condition 3 of Table 1 of this section, are not applicable to airplanes
with a maximum takeoff weight equal to or greater than 60,000 pounds.

                                                       Table 1--Icing Conditions for Ground Tests
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Water concentration      Mean effective
             Condition              Total air temperature        (minimum)          particle diameter                     Demonstration
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Rime ice condition.............  0 to 15 [deg]F (18 to  Liquid--0.3 g/m\3\...  15-25 microns.......  By test, analysis or combination of the two.
                                     -9 [deg]C).
2. Glaze ice condition............  20 to 30 [deg]F (-7    Liquid--0.3 g/m\3\...  15-25 microns.......  By test, analysis or combination of the two.
                                     to -1 [deg]C).
3. Large drop condition...........  15 to 30 [deg]F (-9    Liquid--0.3 g/m\3\...  100 microns           By test, analysis or combination of the two.
                                     to -1 [deg]C).                                (minimum).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
17. Amend Sec.  25.1323 by revising paragraph (i) to read as follows:

Sec.  25.1323  Airspeed indicating system.

* * * * *
    (i) Each system must have a heated pitot tube or an equivalent
means of preventing malfunction in the heavy rain conditions defined in
Table 1 of this section; mixed phase and ice crystal conditions as
defined in part 33, Appendix D, of this chapter; the icing conditions
defined in Appendix C of this part; and the following icing conditions
specified in Appendix O of this part:
    (1) For airplanes certificated in accordance with Sec.
25.1420(a)(1), the icing conditions that the airplane is certified to
safely exit following detection.
    (2) For airplanes certificated in accordance with Sec.
25.1420(a)(2), the icing conditions that the airplane is certified to
safely operate in and the icing conditions that the airplane is
certified to safely exit following detection.
    (3) For airplanes certificated in accordance with Sec.
25.1420(a)(3) and for airplanes not subject to Sec.  25.1420, all icing
conditions.

                       Table 1--Heavy Rain Conditions for Airspeed Indicating System Tests
----------------------------------------------------------------------------------------------------------------
                 Altitude range                   Liquid water          Horizontal extent           Droplet MVD
------------------------------------------------     content    ------------------------------------------------
                                                ----------------
             (ft)                     (m)            (g/m3)           (km)           (nmiles)       ([micro]m)
----------------------------------------------------------------------------------------------------------------
0 to 10 000..................  0 to 3000.......               1             100             50              1000
                                                              6               5              3              2000
                                                             15               1              0.5            2000
----------------------------------------------------------------------------------------------------------------

* * * * *

0
18. Amend part 25 by adding a new section Sec.  25.1324 to read as
follows:

Sec.  25.1324  Angle of attack system.

    Each angle of attack system sensor must be heated or have an
equivalent means of preventing malfunction in the heavy rain conditions
defined in Table 1 of Sec.  25.1323, the mixed phase and ice crystal
conditions as defined in part 33, Appendix D, of this chapter, the
icing conditions defined in Appendix C of this part, and the following
icing conditions specified in Appendix O of this part:
    (a) For airplanes certificated in accordance with Sec.
25.1420(a)(1), the icing conditions that the airplane is certified to
safely exit following detection.
    (b) For airplanes certificated in accordance with Sec.
25.1420(a)(2), the icing conditions that the airplane is certified to
safely operate in and the icing conditions that the airplane is
certified to safely exit following detection.
    (c) For airplanes certificated in accordance with Sec.
25.1420(a)(3) and for airplanes not subject to Sec.  25.1420, all icing
conditions.

0
19. Amend Sec.  25.1325 by revising paragraph (b) to read as follows:

Sec.  25.1325  Static pressure systems.

* * * * *
    (b) Each static port must be designed and located so that:
    (1) The static pressure system performance is least affected by
airflow variation, or by moisture or other foreign matter; and
    (2) The correlation between air pressure in the static pressure
system and true ambient atmospheric static pressure is not changed when
the airplane is exposed to the icing conditions defined in Appendix C
of

this part, and the following icing conditions specified in Appendix O
of this part:
    (i) For airplanes certificated in accordance with Sec.
25.1420(a)(1), the icing conditions that the airplane is certified to
safely exit following detection.
    (ii) For airplanes certificated in accordance with Sec.
25.1420(a)(2), the icing conditions that the airplane is certified to
safely operate in and the icing conditions that the airplane is
certified to safely exit following detection.
    (iii) For airplanes certificated in accordance with Sec.
25.1420(a)(3) and for airplanes not subject to Sec.  25.1420, all icing
conditions.
* * * * *

0
20. Amend part 25 by adding a new Sec.  25.1420 to read as follows:

Sec.  25.1420  Supercooled large drop icing conditions.

    (a) If certification for flight in icing conditions is sought, in
addition to the requirements of Sec.  25.1419, an airplane with a
maximum takeoff weight less than 60,000 pounds or with reversible
flight controls must be capable of operating in accordance with
paragraphs (a)(1), (2), or (3), of this section.
    (1) Operating safely after encountering the icing conditions
defined in Appendix O of this part:
    (i) The airplane must have a means to detect that it is operating
in Appendix O icing conditions; and
    (ii) Following detection of Appendix O icing conditions, the
airplane must be capable of operating safely while exiting all icing
conditions.
    (2) Operating safely in a portion of the icing conditions defined
in Appendix O of this part as selected by the applicant:
    (i) The airplane must have a means to detect that it is operating
in conditions that exceed the selected portion of Appendix O icing
conditions; and
    (ii) Following detection, the airplane must be capable of operating
safely while exiting all icing conditions.
    (3) Operating safely in the icing conditions defined in Appendix O
of this part.
    (b) To establish that the airplane can operate safely as required
in paragraph (a) of this section, an applicant must show through
analysis that the ice protection for the various components of the
airplane is adequate, taking into account the various airplane
operational configurations. To verify the analysis, one, or more as
found necessary, of the following methods must be used:
    (1) Laboratory dry air or simulated icing tests, or a combination
of both, of the components or models of the components.
    (2) Laboratory dry air or simulated icing tests, or a combination
of both, of models of the airplane.
    (3) Flight tests of the airplane or its components in simulated
icing conditions, measured as necessary to support the analysis.
    (4) Flight tests of the airplane with simulated ice shapes.
    (5) Flight tests of the airplane in natural icing conditions,
measured as necessary to support the analysis.
    (c) For an airplane certified in accordance with paragraph (a)(2)
or (3) of this section, the requirements of Sec.  25.1419(e), (f), (g),
and (h) must be met for the icing conditions defined in Appendix O of
this part in which the airplane is certified to operate.
    (d) For the purposes of this section, the following definitions
apply:
    (1) Reversible Flight Controls. Flight controls in the normal
operating configuration that have force or motion originating at the
airplane's control surface (for example, through aerodynamic loads,
static imbalance, or trim or servo tab inputs) that is transmitted back
to flight deck controls. This term refers to flight deck controls
connected to the pitch, roll, or yaw control surfaces by direct
mechanical linkages, cables, or push-pull rods in such a way that pilot
effort produces motion or force about the hinge line.
    (2) Simulated Icing Test. Testing conducted in simulated icing
conditions, such as in an icing tunnel or behind an icing tanker.
    (3) Simulated Ice Shape. Ice shape fabricated from wood, epoxy, or
other materials by any construction technique.

0
21. Amend Sec.  25.1521 by redesignating paragraph (c)(3) as paragraph
(c)(4), revising newly redesignated paragraph (c)(4), and adding new
paragraph (c)(3) to read as follows:

Sec.  25.1521  Powerplant limitations.

* * * * *
    (c) * * *
    (3) Maximum time interval between engine run-ups from idle, run-up
power setting and duration at power for ground operation in icing
conditions, as defined in Sec.  25.1093(b)(2).
    (4) Any other parameter for which a limitation has been established
as part of the engine type certificate except that a limitation need
not be established for a parameter that cannot be exceeded during
normal operation due to the design of the installation or to another
established limitation.
* * * * *

0
22. Amend Sec.  25.1533 by adding a new paragraph (c) to read as
follows:

Sec.  25.1533  Additional operating limitations.

* * * * *
    (c) For airplanes certified in accordance with Sec.  25.1420(a)(1)
or (2), an operating limitation must be established to:
    (1) Prohibit intentional flight, including takeoff and landing,
into icing conditions defined in Appendix O of this part for which the
airplane has not been certified to safely operate; and
    (2) Require exiting all icing conditions if icing conditions
defined in Appendix O of this part are encountered for which the
airplane has not been certified to safely operate.

0
23. Amend Appendix C to part 25, in part II, by revising paragraph
(a)(1), the second sentence of paragraph (a)(2), and paragraph (d)(2)
to read as follows:

Appendix C to Part 25

* * * * *

PART II--AIRFRAME ICE ACCRETIONS FOR SHOWING COMPLIANCE WITH SUBPART B

    (a) * * *
    (1) Takeoff ice is the most critical ice accretion on
unprotected surfaces and any ice accretion on the protected surfaces
appropriate to normal ice protection system operation, occurring
between the end of the takeoff distance and 400 feet above the
takeoff surface, assuming accretion starts at the end of the takeoff
distance in the takeoff maximum icing conditions defined in part I
of this Appendix.
    (2) * * * Ice accretion is assumed to start at the end of the
takeoff distance in the takeoff maximum icing conditions of part I,
paragraph (c) of this Appendix.
* * * * *
    (d) * * *
    (2) The ice accretion starts at the end of the takeoff distance.
* * * * *

0
24. Amend part 25 by adding new Appendix O to read as follows:

Appendix O to Part 25--Supercooled Large Drop Icing Conditions

    This Appendix consists of two parts. Part I defines this
Appendix as a description of supercooled large drop icing conditions
in which the drop median volume diameter (MVD) is less than or
greater than 40 [micro]m, the maximum mean effective drop diameter
(MED) of Appendix C of this part continuous maximum (stratiform
clouds) icing conditions. For this Appendix, supercooled large drop
icing conditions consist of freezing drizzle and freezing rain
occurring in and/or below stratiform clouds. Part II defines ice
accretions used to show compliance with the airplane performance and
handling qualities requirements of subpart B of this part.

PART I--METEOROLOGY

    In this Appendix icing conditions are defined by the parameters
of altitude, vertical and horizontal extent, temperature, liquid
water content, and water mass distribution as a function of drop
diameter distribution.
    (a) Freezing Drizzle (Conditions with spectra maximum drop
diameters from 100[micro]m to 500 [micro]m):
    (1) Pressure altitude range: 0 to 22,000 feet MSL.
    (2) Maximum vertical extent: 12,000 feet.
    (3) Horizontal extent: Standard distance of 17.4 nautical miles.
    (4) Total liquid water content.

    Note: Liquid water content (LWC) in grams per cubic meter (g/
m\3\) based on horizontal extent standard distance of 17.4 nautical
miles.
    (5) Drop diameter distribution: Figure 2.
    (6) Altitude and temperature envelope: Figure 3.
    (b) Freezing Rain (Conditions with spectra maximum drop
diameters greater than 500 [micro]m):
    (1) Pressure altitude range: 0 to 12,000 ft MSL.
    (2) Maximum vertical extent: 7,000 ft.
    (3) Horizontal extent: Standard distance of 17.4 nautical miles.
    (4) Total liquid water content.

    Note: LWC in grams per cubic meter (g/m\3\) based on horizontal
extent standard distance of 17.4 nautical miles.
    (5) Drop Diameter Distribution: Figure 5.
    (6) Altitude and temperature envelope: Figure 6.
    (c) Horizontal extent.
    The liquid water content for freezing drizzle and freezing rain
conditions for horizontal extents other than the standard 17.4
nautical miles can be determined by the value of the liquid water
content determined from Figure 1 or Figure 4, multiplied by the
factor provided in Figure 7, which is defined by the following
equation:

S = 1.266 - 0.213 log10(H)
Where:
S = Liquid Water Content Scale Factor (dimensionless) and
H = horizontal extent in nautical miles
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PART II--AIRFRAME ICE ACCRETIONS FOR SHOWING COMPLIANCE WITH SUBPART B
OF THIS PART

    (a) General.
    The most critical ice accretion in terms of airplane performance
and handling qualities for each flight phase must be used to show
compliance with the applicable airplane performance and handling
qualities requirements for icing conditions contained in subpart B
of this part. Applicants must demonstrate that the full range of
atmospheric icing conditions specified in part I of this Appendix
have been considered, including drop diameter distributions, liquid
water content, and temperature appropriate to the flight conditions
(for example, configuration, speed, angle of attack, and altitude).
    (1) For an airplane certified in accordance with Sec.
25.1420(a)(1), the ice accretions for each flight phase are defined
in part II, paragraph (b) of this Appendix.
    (2) For an airplane certified in accordance with Sec.
25.1420(a)(2), the most critical ice accretion for each flight phase
defined in part II, paragraphs (b) and (c) of this Appendix, must be
used. For the ice accretions defined in part II, paragraph (c) of
this Appendix, only the portion of part I of this Appendix in which
the airplane is capable of operating safely must be considered.
    (3) For an airplane certified in accordance with Sec.
25.1420(a)(3), the ice accretions for each flight phase are defined
in part II, paragraph (c) of this Appendix.
    (b) Ice accretions for airplanes certified in accordance with
Sec.  25.1420(a)(1) or (2).
    (1) En route ice is the en route ice as defined by part II,
paragraph (c)(3), of this Appendix, for an airplane certified in
accordance with Sec.  25.1420(a)(2), or defined by part II,
paragraph (a)(3), of Appendix C of this part, for an airplane
certified in accordance with Sec.  25.1420(a)(1), plus:
    (i) Pre-detection ice as defined by part II, paragraph (b)(5),
of this Appendix; and
    (ii) The ice accumulated during the transit of one cloud with a
horizontal extent of 17.4 nautical miles in the most critical of the
icing conditions defined in part I of this Appendix and one cloud
with a horizontal extent of 17.4 nautical miles in the continuous
maximum icing conditions defined in Appendix C of this part.
    (2) Holding ice is the holding ice defined by part II, paragraph
(c)(4), of this Appendix, for an airplane certified in accordance
with Sec.  25.1420(a)(2), or defined by part II, paragraph (a)(4),
of Appendix C of this part, for an airplane certified in accordance
with Sec.  25.1420(a)(1), plus:
    (i) Pre-detection ice as defined by part II, paragraph (b)(5),
of this Appendix; and
    (ii) The ice accumulated during the transit of one cloud with a
17.4 nautical miles horizontal extent in the most critical of the
icing conditions defined in part I of this Appendix and one cloud
with a horizontal extent of 17.4 nautical miles in the continuous
maximum icing conditions defined in Appendix C of this part.
    (iii) Except the total exposure to holding ice conditions does
not need to exceed 45 minutes.
    (3) Approach ice is the more critical of the holding ice defined
by part II, paragraph (b)(2), of this Appendix, or the ice
calculated in the applicable paragraphs (b)(3)(i) or (ii) of part
II, of this Appendix:
    (i) For an airplane certified in accordance with Sec.
25.1420(a)(2), the ice accumulated during descent from the maximum
vertical extent of the icing conditions defined in part I of this
Appendix to 2,000 feet above the landing surface in the cruise
configuration, plus transition to the approach configuration, plus:
    (A) Pre-detection ice, as defined by part II, paragraph (b)(5),
of this Appendix; and
    (B) The ice accumulated during the transit at 2,000 feet above
the landing surface of one cloud with a horizontal extent of 17.4
nautical miles in the most critical of the icing conditions defined
in part I of this Appendix and one cloud with a horizontal extent of
17.4 nautical miles in the continuous maximum icing conditions
defined in Appendix C of this part.

    (ii) For an airplane certified in accordance with Sec.
25.1420(a)(1), the ice accumulated during descent from the maximum
vertical extent of the maximum continuous icing conditions defined
in part I of Appendix C to 2,000 feet above the landing surface in
the cruise configuration, plus transition to the approach
configuration, plus:
    (A) Pre-detection ice, as defined by part II, paragraph (b)(5),
of this Appendix; and
    (B) The ice accumulated during the transit at 2,000 feet above
the landing surface of one cloud with a horizontal extent of 17.4
nautical miles in the most critical of the icing conditions defined
in part I of this Appendix and one cloud with a horizontal extent of
17.4 nautical miles in the continuous maximum icing conditions
defined in Appendix C of this part.
    (4) Landing ice is the more critical of the holding ice as
defined by part II, paragraph (b)(2), of this Appendix, or the ice
calculated in the applicable paragraphs (b)(4)(i) or (ii) of part II
of this Appendix:
    (i) For an airplane certified in accordance with Sec.
25.1420(a)(2), the ice accretion defined by part II, paragraph
(c)(5)(i), of this Appendix, plus a descent from 2,000 feet above
the landing surface to a height of 200 feet above the landing
surface with a transition to the landing configuration in the icing
conditions defined in part I of this Appendix, plus:
    (A) Pre-detection ice, as defined in part II, paragraph (b)(5),
of this Appendix; and
    (B) The ice accumulated during an exit maneuver, beginning with
the minimum climb gradient required by Sec.  25.119, from a height
of 200 feet above the landing surface through one cloud with a
horizontal extent of 17.4 nautical miles in the most critical of the
icing conditions defined in part I of this Appendix and one cloud
with a horizontal extent of 17.4 nautical miles in the continuous
maximum icing conditions defined in Appendix C of this part.
    (ii) For an airplane certified in accordance with Sec.
25.1420(a)(1), the ice accumulated in the maximum continuous icing
conditions defined in Appendix C of this part, during a descent from
the maximum vertical extent of the icing conditions defined in
Appendix C of this part, to 2,000 feet above the landing surface in
the cruise configuration, plus transition to the approach
configuration and flying for 15 minutes at 2,000 feet above the
landing surface, plus a descent from 2,000 feet above the landing
surface to a height of 200 feet above the landing surface with a
transition to the landing configuration, plus:
    (A) Pre-detection ice, as described by part II, paragraph
(b)(5), of this Appendix; and
    (B) The ice accumulated during an exit maneuver, beginning with
the minimum climb gradient required by Sec.  25.119, from a height
of 200 feet above the landing surface through one cloud with a
horizontal extent of 17.4 nautical miles in the most critical of the
icing conditions defined in part I of this Appendix and one cloud
with a horizontal extent of 17.4 nautical miles in the continuous
maximum icing conditions defined in Appendix C of this part.
    (5) Pre-detection ice is the ice accretion before detection of
flight conditions in this Appendix that require exiting per Sec.
25.1420(a)(1) and (2). It is the pre-existing ice accretion that may
exist from operating in icing conditions in which the airplane is
approved to operate prior to encountering the icing conditions
requiring an exit, plus the ice accumulated during the time needed
to detect the icing conditions, followed by two minutes of further
ice accumulation to take into account the time for the flightcrew to
take action to exit the icing conditions, including coordination
with air traffic control.
    (i) For an airplane certified in accordance with Sec.
25.1420(a)(1), the pre-existing ice accretion must be based on the
icing conditions defined in Appendix C of this part.
    (ii) For an airplane certified in accordance with Sec.
25.1420(a)(2), the pre-existing ice accretion must be based on the
more critical of the icing conditions defined in Appendix C of this
part, or the icing conditions defined in part I of this Appendix in
which the airplane is capable of safely operating.
    (c) Ice accretions for airplanes certified in accordance with
Sec. Sec.  25.1420(a)(2) or (3). For an airplane certified in
accordance with Sec.  25.1420(a)(2), only the portion of the icing
conditions of part I of this Appendix in which the airplane is
capable of operating safely must be considered.
    (1) Takeoff ice is the most critical ice accretion on
unprotected surfaces, and any ice accretion on the protected
surfaces, occurring between the end of the takeoff distance and 400
feet above the takeoff surface, assuming accretion starts at the end
of the takeoff distance in the icing conditions defined in part I of
this Appendix.
    (2) Final takeoff ice is the most critical ice accretion on
unprotected surfaces, and any ice accretion on the protected
surfaces appropriate to normal ice protection system operation,
between 400 feet and either 1,500 feet above the takeoff surface, or
the height at which the transition from the takeoff to the en route
configuration is completed and VFTO is reached, whichever
is higher. Ice accretion is assumed to start at the end of the
takeoff distance in the icing conditions defined in part I of this
Appendix.
    (3) En route ice is the most critical ice accretion on the
unprotected surfaces, and any ice accretion on the protected
surfaces appropriate to normal ice protection system operation,
during the en route flight phase in the icing conditions defined in
part I of this Appendix.
    (4) Holding ice is the most critical ice accretion on the
unprotected surfaces, and any ice accretion on the protected
surfaces appropriate to normal ice protection system operation,
resulting from 45 minutes of flight within a cloud with a 17.4
nautical miles horizontal extent in the icing conditions defined in
part I of this Appendix, during the holding phase of flight.
    (5) Approach ice is the ice accretion on the unprotected
surfaces, and any ice accretion on the protected surfaces
appropriate to normal ice protection system operation, resulting
from the more critical of the:
    (i) Ice accumulated in the icing conditions defined in part I of
this Appendix during a descent from the maximum vertical extent of
the icing conditions defined in part I of this Appendix, to 2,000
feet above the landing surface in the cruise configuration, plus
transition to the approach configuration and flying for 15 minutes
at 2,000 feet above the landing surface; or
    (ii) Holding ice as defined by part II, paragraph (c)(4), of
this Appendix.
    (6) Landing ice is the ice accretion on the unprotected
surfaces, and any ice accretion on the protected surfaces
appropriate to normal ice protection system operation, resulting
from the more critical of the:
    (i) Ice accretion defined by part II, paragraph (c)(5)(i), of
this Appendix, plus ice accumulated in the icing conditions defined
in part I of this Appendix during a descent from 2,000 feet above
the landing surface to a height of 200 feet above the landing
surface with a transition to the landing configuration, followed by
a go-around at the minimum climb gradient required by Sec.  25.119,
from a height of 200 feet above the landing surface to 2,000 feet
above the landing surface, flying for 15 minutes at 2,000 feet above
the landing surface in the approach configuration, and a descent to
the landing surface (touchdown) in the landing configuration; or
    (ii) Holding ice as defined by part II, paragraph (c)(4), of
this Appendix.
    (7) For both unprotected and protected parts, the ice accretion
for the takeoff phase must be determined for the icing conditions
defined in part I of this Appendix, using the following assumptions:
    (i) The airfoils, control surfaces, and, if applicable,
propellers are free from frost, snow, or ice at the start of
takeoff;
    (ii) The ice accretion starts at the end of the takeoff
distance;
    (iii) The critical ratio of thrust/power-to-weight;
    (iv) Failure of the critical engine occurs at VEF;
and
    (v) Crew activation of the ice protection system is in
accordance with a normal operating procedure provided in the
airplane flight manual, except that after beginning the takeoff
roll, it must be assumed that the crew takes no action to activate
the ice protection system until the airplane is at least 400 feet
above the takeoff surface.
    (d) The ice accretion before the ice protection system has been
activated and is performing its intended function is the critical
ice accretion formed on the unprotected and normally protected
surfaces before activation and effective operation of the ice
protection system in the icing conditions defined in part I of this
Appendix. This ice accretion only applies in showing compliance to
Sec. Sec.  25.143(j) and 25.207(h).
    (e) In order to reduce the number of ice accretions to be
considered when demonstrating compliance with the requirements of
Sec.  25.21(g), any of the ice accretions defined in this Appendix
may be used for any other flight phase if it is shown to be at least
as critical as the specific ice accretion defined for that flight
phase. Configuration differences and their effects on ice accretions
must be taken into account.
    (f) The ice accretion that has the most adverse effect on
handling qualities may be used for airplane performance tests
provided any difference in performance is conservatively taken into
account.

PART 33--AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES

0
25. The authority citation for part 33 is revised to read as follows:

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

0
26. Revise Sec.  33.68 to read as follows:

Sec.  33.68  Induction system icing.

    Each engine, with all icing protection systems operating, must:
    (a) Operate throughout its flight power range, including the
minimum descent idle rotor speeds achievable in flight, in the icing
conditions defined for turbojet, turbofan, and turboprop engines in
Appendices C and O of part 25 of this chapter, and Appendix D of this
part, and for turboshaft engines in Appendix C of part 29 of this
chapter, without the accumulation of ice on the engine components that:
    (1) Adversely affects engine operation or that causes an
unacceptable permanent loss of power or thrust or unacceptable increase
in engine operating temperature; or
    (2) Results in unacceptable temporary power loss or engine damage;
or
    (3) Causes a stall, surge, or flameout or loss of engine
controllability. The applicant must account for in-flight ram effects
in any critical point analysis or test demonstration of these flight
conditions.
    (b) Operate throughout its flight power range, including minimum
descent idle rotor speeds achievable in flight, in the icing conditions
defined for turbojet, turbofan, and turboprop engines in Appendices C
and O of part 25 of this chapter, and for turboshaft engines in
Appendix C of part 29 of this chapter. In addition:
    (1) It must be shown through Critical Point Analysis (CPA) that the
complete ice envelope has been analyzed, and that the most critical
points must be demonstrated by engine test, analysis, or a combination
of the two to operate acceptably. Extended flight in critical flight
conditions such as hold, descent, approach, climb, and cruise, must be
addressed, for the ice conditions defined in these appendices.
    (2) It must be shown by engine test, analysis, or a combination of
the two that the engine can operate acceptably for the following
durations:
    (i) At engine powers that can sustain level flight: A duration that
achieves repetitive, stabilized operation for turbojet, turbofan, and
turboprop engines in the icing conditions defined in Appendices C and O
of part 25 of this chapter, and for turboshaft engines in the icing
conditions defined in Appendix C of part 29 of this chapter.
    (ii) At engine power below that which can sustain level flight:
    (A) Demonstration in altitude flight simulation test facility: A
duration of 10 minutes consistent with a simulated flight descent of
10,000 ft (3 km) in altitude while operating in Continuous Maximum
icing conditions defined in Appendix C of part 25 of this chapter for
turbojet, turbofan, and turboprop engines, and for turboshaft engines
in the icing conditions defined in Appendix C of part 29 of this
chapter, plus 40 percent liquid water content margin, at the critical
level of airspeed and air temperature; or
    (B) Demonstration in ground test facility: A duration of 3 cycles
of alternating icing exposure corresponding to the liquid water content
levels and standard cloud lengths starting in Intermittent Maximum and
then in Continuous Maximum icing conditions defined in Appendix C of
part 25 of this chapter for turbojet, turbofan, and turboprop engines,
and for turboshaft engines in the icing conditions defined in Appendix
C of part 29 of this chapter, at the critical level of air temperature.
    (c) In addition to complying with paragraph (b) of this section,
the following conditions shown in Table 1 of this section unless
replaced by similar CPA test conditions that are more critical or
produce an equivalent level of severity, must be demonstrated by an
engine test:

                         Table 1--Conditions That Must Be Demonstrated by an Engine Test
----------------------------------------------------------------------------------------------------------------
                                                    Supercooled
                                   Total air           water
          Condition               temperature     concentrations   Median volume drop diameter      Duration
                                                     (minimum)
----------------------------------------------------------------------------------------------------------------
1. Glaze ice conditions......  21 to 25 [deg]F   2 g/m\3\........  25 to 35 microns...........  (a) 10-minutes
                                (-6 to -4                                                        for power below
                                [deg]C).                                                         sustainable
                                                                                level flight
                                                                                (idle descent).
                                                                                (b) Must show
                                                                                repetitive,
                                                                                stabilized
                                                                                operation for
                                                                                higher powers
                                                                                (50%, 75%,
                                                                                100%MC).
2. Rime ice conditions.......  -10 to 0 [deg]F   1 g/m\3\........  15 to 25 microns...........  (a) 10-minutes
                                (-23 to -18                                                      for power below
                                [deg]C).                                                         sustainable
                                                                                level flight
                                                                                (idle descent).
                                                                                (b) Must show
                                                                                repetitive,
                                                                                stabilized
                                                                                operation for
                                                                                higher powers
                                                                                (50%, 75%,
                                                                                100%MC).
3. Glaze ice holding           Turbojet and      Alternating       20 to 30 microns...........  Must show
 conditions.                    Turbofan, only:   cycle: First                                   repetitive,
(Turbojet, turbofan, and        10 to 18 [deg]F   1.7 g/m\3\ (1                                  stabilized
 turboprop only).               (-12 to -8        minute), Then                                  operation (or
                                [deg]C).          0.3 g/m\3\ (6                                  45 minutes
                                                  minute).                                       max).
                               Turboprop, only:  ................  ...........................  ................
                                2 to 10 [deg]F
                                (-17 to -12
                                [deg]C).
4. Rime ice holding            Turbojet and      0.25 g/m\3\.....  20 to 30 microns...........  Must show
 conditions.                    Turbofan, only:                                                  repetitive,
(Turbojet, turbofan, and        -10 to 0 [deg]F                                                  stabilized
 turboprop only).               (-23 to -18                                                      operation (or
                                [deg]C).                                                         45 minutes
                                                                                max).
                               Turboprop, only:  ................  ...........................  ................
                                2 to 10 [deg]F
                                (-17 to -12
                                [deg]C).
----------------------------------------------------------------------------------------------------------------

    (d) Operate at ground idle speed for a minimum of 30 minutes at
each of the following icing conditions shown in Table 2 of this section
with the available air bleed for icing protection at its critical
condition, without adverse effect, followed by acceleration to takeoff
power or thrust. During the idle operation, the engine may be run up
periodically to a moderate power or thrust setting in a manner
acceptable to the Administrator. Analysis may be used to show ambient
temperatures below the tested temperature are less critical. The
applicant must document any demonstrated run ups and minimum ambient
temperature capability in the engine operating manual as mandatory in
icing conditions. The applicant must demonstrate, with consideration of
expected airport elevations, the following:

                          Table 2--Demonstration Methods for Specific Icing Conditions
----------------------------------------------------------------------------------------------------------------
                                                    Supercooled
                                   Total air           water         Mean effective particle
          Condition               temperature     concentrations             diameter             Demonstration
                                                     (minimum)
----------------------------------------------------------------------------------------------------------------
1. Rime ice condition........  0 to 15 [deg]F (- Liquid--0.3 g/    15-25 microns..............  By engine test.
                                18 to -9          m\3\.
                                [deg]C).
2. Glaze ice condition.......  20 to 30 [deg]F   Liquid--0.3 g/    15-25 microns..............  By engine test.
                                (-7 to -1         m\3\.
                                [deg]C).
3. Snow ice condition........  26 to 32 [deg]F   Ice--0.9 g/m\3\.  100 microns................  By test,
                                (-3 to 0                           (minimum)..................   analysis or
                                [deg]C).                                                         combination of
                                                                                the two.
4. Large drop glaze ice        15 to 30 [deg]F   Liquid--0.3 g/    100 microns (minimum)......  By test,
 condition (Turbojet,           (-9 to -1         m\3\.                                          analysis or
 turbofan, and turboprop        [deg]C).                                                         combination of
 only).                                                                                the two.
----------------------------------------------------------------------------------------------------------------

    (e) Demonstrate by test, analysis, or combination of the two,
acceptable operation for turbojet, turbofan, and turboprop engines in
mixed phase and ice crystal icing conditions throughout Appendix D of
this part, icing envelope throughout its flight power range, including
minimum descent idling speeds.

0
27. Amend Sec.  33.77 by adding paragraph (a) and revising paragraphs
(c) introductory text, (c)(1), (d), and (e) to read as follows:

Sec.  33.77  Foreign object ingestion ice.

    (a) Compliance with the requirements of this section must be
demonstrated by engine ice ingestion test or by validated analysis
showing equivalence of other means for demonstrating soft body damage
tolerance.
* * * * *
    (c) Ingestion of ice under the conditions of this section may not--
    (1) Cause an immediate or ultimate unacceptable sustained power or
thrust loss; or
* * * * *
    (d) For an engine that incorporates a protection device, compliance
with this section need not be demonstrated with respect to ice formed
forward of the protection device if it is shown that--
    (1) Such ice is of a size that will not pass through the protective
device;
    (2) The protective device will withstand the impact of the ice; and
    (3) The ice stopped by the protective device will not obstruct the
flow of induction air into the engine with a resultant sustained
reduction in power or thrust greater than those values defined by
paragraph (c) of this section.
    (e) Compliance with the requirements of this section must be
demonstrated by engine ice ingestion test under the following ingestion
conditions or by validated analysis showing equivalence of other means
for demonstrating soft body damage tolerance.
    (1) The minimum ice quantity and dimensions will be established by
the engine size as defined in Table 1 of this section.
    (2) The ingested ice dimensions are determined by linear
interpolation between table values, and are based on the actual
engine's inlet hilite area.
    (3) The ingestion velocity will simulate ice from the inlet being
sucked into the engine.
    (4) Engine operation will be at the maximum cruise power or thrust
unless lower power is more critical.

                         Table 1--Minimum Ice Slab Dimensions Based on Engine Inlet Size
----------------------------------------------------------------------------------------------------------------
                                                                     Thickness
               Engine Inlet Hilite area (sq. inch)                    (inch)       Width (inch)    Length (inch)
----------------------------------------------------------------------------------------------------------------
0...............................................................            0.25               0             3.6
80..............................................................            0.25               6             3.6
300.............................................................            0.25              12             3.6
700.............................................................            0.25              12             4.8
2800............................................................            0.35              12             8.5
5000............................................................            0.43              12            11.0
7000............................................................            0.50              12            12.7
7900............................................................            0.50              12            13.4
9500............................................................            0.50              12            14.6
11300...........................................................            0.50              12            15.9
13300...........................................................            0.50              12            17.1
16500...........................................................            0.5               12            18.9
20000...........................................................            0.5               12            20.0
----------------------------------------------------------------------------------------------------------------

Appendix C [Added and Reserved]

0
28. Amend part 33 by adding and reserving a new Appendix C.

0
29. Amend part 33 by adding a new Appendix D to read as follows:

Appendix D to Part 33--Mixed Phase and Ice Crystal Icing Envelope (Deep
Convective Clouds)

    The ice crystal icing envelope is depicted in Figure D1 of this
Appendix.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR04NO14.008

    Within the envelope, total water content (TWC) in g/m\3\ has
been determined based upon the adiabatic lapse defined by the
convective rise of 90% relative humidity air from sea level to
higher altitudes and scaled by a factor of 0.65 to a standard cloud
length of 17.4 nautical miles. Figure D2 of this Appendix displays
TWC for this distance over a range of ambient temperature within the
boundaries of the ice crystal envelope specified in Figure D1 of
this Appendix.

[GRAPHIC] [TIFF OMITTED] TR04NO14.009

    Ice crystal size median mass dimension (MMD) range is 50-200
microns (equivalent spherical size) based upon measurements near
convective storm cores.
    The TWC can be treated as completely glaciated (ice crystal)
except as noted in the Table 1 of this Appendix.

               Table 1--Supercooled Liquid Portion of TWC
------------------------------------------------------------------------
                                          Horizontal cloud      LWC-- g/
      Temperature range--deg C         length--nautical miles     m\3\
------------------------------------------------------------------------
0 to -20............................  <=50...................      <=1.0
0 to -20............................  Indefinite.............      <=0.5
< -20...............................  .......................          0
------------------------------------------------------------------------

    The TWC levels displayed in Figure D2 of this Appendix represent
TWC values for a standard exposure distance (horizontal cloud
length) of 17.4 nautical miles that must be adjusted with length of
icing exposure.

[GRAPHIC] [TIFF OMITTED] TR04NO14.010

    Issued under authority provided by 49 U.S.C. 106(f) and 44701(a)
in Washington, DC, on October 22, 2014.
Michael P. Huerta,
Administrator.
[FR Doc. 2014-25789 Filed 11-3-14; 8:45 am]
BILLING CODE 4910-13-C


[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73905-73906]
[FR Doc No: 2013-29262]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70971; File No. SR-NYSE-2013-68]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving Proposed Rule Change Amending Section 907.00 of the Listed
Company Manual To Expand the Suite of Complimentary Products and
Services That Are Offered to Listed Companies

December 3, 2013.

I. Introduction

    On October 1, 2013, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ a
proposed rule change amending Section 907.00 of the Listed Company
Manual (``Manual'') to expand the suite of complimentary products and
services that are offered to all listed issuers and to certain current
and newly listed issuers. The proposed rule change was published for
comment in the Federal Register on October 22, 2013.\4\ The Commission
received no comments on the proposal. This order approves the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 70628 (Oct. 8,
2013), 78 FR 62889 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange has proposed to amend Section 907.00 of the Manual to
expand the suite of complimentary products and services that it offers
to certain listed companies. Under current Exchange rules, all listed
issuers receive some complimentary products and services through NYSE
Market Access Center; however, certain tiers of currently listed
issuers and newly listed issuers receive additional products and
services. As specifically set forth in Section 907.00 of the Manual,
the Exchange offers products and services in the following general
categories to certain current and newly listed companies: market
surveillance, web-hosting, market analytics and news distribution.
According to the NYSE, the available products and services have
approximate commercial values ranging from $10,000 to $45,000
annually.\5\ The complimentary products and services are offered to
companies under a tiered system based on shares issued and outstanding
for currently listed companies, or global market value for newly listed
companies.
---------------------------------------------------------------------------

    \5\ Section 907.00 of the Manual currently states that the
market surveillance products and services have a commercial value of
approximately $45,000 annually, web-hosting products and services
have a commercial value of approximately $12,000-$16,000 annually,
market analytics products and services have a commercial value of
approximately $20,000 annually and news distribution products and
services have a commercial value of approximately $10,000 annually.
---------------------------------------------------------------------------

    With respect to currently listed companies, companies that have
more than 270 million shares issued and outstanding (a ``Tier One
Company'') are offered (i) a choice of market surveillance or market
analytics products and services, and (ii) web-hosting products and
services on a complimentary basis. Companies that have between 160
million and 269.9 million shares issued and outstanding (a ``Tier Two
Company'') are offered a choice of market analytics or web-hosting
products and services.
    For newly listed companies, the Exchange offers different product
and service options for an initial period of two years based on such
company's global market value. A company with a global market value of
$400 million or more (a ``Tier A Company'') is offered (i) a choice of
market surveillance products and services for a period of twelve months
or market analytics products and services for a period of 24 months,
and (ii) web-hosting and news distribution products and services for a
period of 24 months. Newly-listed companies with a global market value
of less than $400 million (a ``Tier B Company'') are offered web-
hosting and news distribution products and services for a period of 24
months.
    The Exchange has proposed to amend Section 907.00 of the Manual to
add three additional categories of complimentary products and services
that will be offered to listed companies in the various tiers as
described below. Specifically, the Exchange proposes to include
corporate governance tools and advisory services (the ``Enhanced
Package''), which the Exchange states has a commercial value of
approximately $45,000 annually, and corporate governance tools (the
``Basic Package''), which the Exchange states has a commercial value of
approximately $20,000 annually, to the list of complimentary products
and services offered to certain listed companies. Further, the Exchange
has proposed to offer data room services and virtual investor relation
tools,\6\ which the Exchange states has a commercial value of
approximately $15,000-$20,000 annually, to the list of complimentary
products and services offered to all listed companies. The Enhanced
Package will be offered to Tier One Companies as a third alternative to
the market surveillance and market analytics products they are already
offered. The Basic Package will be offered to Tier Two Companies as a
third alternative to the market analytics and web-hosting products they
are already offered. The Basic Package also will be offered to Tier A
Companies as a second alternative to the market analytics products and
services that are offered for a 24-month period. The data room services
and virtual investor relation tools will be offered to all listed
companies on an annual basis. The Exchange has proposed to offer these
tools through an affiliated service provider and may engage additional
third-party providers in the future.
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    \6\ In its filing, the NYSE explained that a data room is a
password-protected Web site used for document storage. It is
typically used to store due diligence materials to be reviewed in
connection with transactional activity. Virtual investor relations
tools are Web sites used to present roadshows and other investor
presentations on a short-term basis, typically in connection with a
specific transaction.
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    The Basic Package, offered to Tier Two and Tier A Companies, will
consist of a combination of governance, risk, compliance and board
tools for company directors and executives. In its filing, the Exchange
noted that it expects that these tools will provide generic, easily
implemented corporate governance advice and/or educational tools that
are applicable to a wide range of listed companies.
    The Enhanced Package, offered to Tier One Companies, will offer the
same tools as the Basic Package but will also include access to
advisory services. In its filing, the NYSE noted that such advisory
services may include ongoing, periodic review of a company's corporate
governance policies as well as benchmarking such polices against a
company's peer group. In support of this change, the Exchange stated
that the

advisory services will offer companies a more individualized assessment
of their corporate governance practices particular to the specific
nature of their industry and organization.
    As noted above, the specific tools and services offered by these
products will be developed by the Exchange, through an affiliated
service provider, or by third-party vendors. Companies that are offered
these products are under no obligation to accept them and a company's
listing on the Exchange is not conditioned upon acceptance of any
product or service. According to the Exchange, from time to time,
companies elect to purchase products and services from other vendors at
their own expense rather than accepting comparable products and
services offered by the Exchange.
    Moreover, according to the Exchange, the proposed expansion of
additional complimentary products and services will not benefit any
category of listed companies over another one. Further, according to
the Exchange, the additional Enhanced and Basic Packages discussed
above will not increase the overall value of complimentary products and
services offered to companies within each tier and are simply being
offered as an additional alternative choice. The Commission also notes
that under the proposal the data room services and virtual investor
relation tools are being offered equally to all listed companies.

III. Discussion and Commission's Findings

    The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act.\7\ Specifically, the Commission believes it is consistent with the
provisions of Sections 6(b)(4) and (5) of the Act,\8\ in particular, in
that it is designed to provide for the equitable allocation of
reasonable dues, fees, and other charges among Exchange members,
issuers, and other persons using the Exchange's facilities, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. Moreover, the Commission believes that the
proposed rule change is consistent with Section 6(b)(8) of the Act \9\
in that it does not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.
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    \7\ 15 U.S.C. 78f. In approving this proposed rule change, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
    \9\ 15 U.S.C. 78f(b)(8).
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    The Commission believes that it is consistent with the Act for the
Exchange to give issuers under Tier One the option of receiving
corporate governance tools and advisory services as an alternative to
market surveillance or market analytics products and services, and in
addition to the other products and services they are currently offered,
as well as to allow issuers under Tier Two and Tier A the option of
receiving corporate governance tools as an alternative, and in
addition, to the other products and services they are currently
offered. In addition, the Commission believes that it is consistent
with the Act for the Exchange to offer the data room services and
virtual investor relation tools to all listed issuers, irrespective of
whether they are eligible for additional services under a tier. The
Exchange has represented that it faces competition in the market for
listing services, and it competes in part by improving the quality of
the services that it offers to listed companies. According to the
Exchange, by offering products and services on a complimentary basis
and ensuring that it is offering the services most valued by its listed
issuers, it improves the quality of the services that listed companies
receive. Accordingly, the Commission believes that the NYSE's proposal
reflects the current competitive environment for exchange listings
among national securities exchanges and is appropriate and consistent
with Section 6(b)(8).
    Moreover, the Commission believes that it is appropriate for the
Exchange to offer varying services to different categories of
issuers.\10\ According to the Exchange, Tier One Companies, because
they tend to be larger, more complex organizations, would benefit most
from the individualized attention offered by the advisory services
element of the Enhanced Package. By comparison, the Exchange states
that Tier Two and Tier A Companies tend to be mid-sized companies and
therefore are smaller, less complex organizations than Tier One
Companies that can benefit from the general tools offered by the Basic
Package. Further, according to the Exchange most Tier B Companies are
smaller and, less complex organizations than Tier Two and Tier A
companies and are unlikely to require the tools offered by the Basic
Package.\11\ Additionally, the Enhanced and Basic Packages are simply
being offered as an additional alternative choice and are approximately
equal to the commercial value of other products already being offered
to listed companies in each applicable tier. Further, all listed
companies will continue to receive some level of free services,
including the addition of the free data room services and virtual
investor relation tools being approved in this order. Finally, the
Commission believes that the change will provide greater transparency
under the Exchange's rules as to the actual fees, and the value of free
products and services, applicable to listed companies.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 65127 (Aug. 12,
2011), 76 FR 51449 (Aug. 18, 2011) (SR-NYSE-2011-20) (``Approval
Order''), finding that the existing tiers are consistent with the
Act. In particular, the Approval Order states that while not all
issuers receive the same level of services, NYSE has stated that
trading volume and market activity are related to the level of
services that the listed companies would use in the absence of
complimentary arrangements. The Commission found, among other
things, that ``. . . the products and services and their commercial
value are equitably allocated among issuers consistent with Section
6(b)(4) of the Act, and the rule does not unfairly discriminate
between issuers consistent with Section 6(b)(5) of the Act.'' See
Approval Order, 76 FR at 51452.
    \11\ See Notice, supra note 4.
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    Based on the factors noted above, the Commission continues to
believe that the products and services and their commercial value are
equitably allocated among issuers consistent with Section 6(b)(4) of
the Act, and that the rule does not unfairly discriminate between
issuers consistent with Section 6(b)(5) of the Act.\12\
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    \12\ See also Approval Order, supra note 10.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (NYSE-2013-68) be, and it hereby
is, approved.
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    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-29262 Filed 12-6-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Rules and Regulations]
[Page 20529]
[FR Doc No: 2016-08126]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0275]

Drawbridge Operation Regulation; Annisquam River and Blynman
Canal, Gloucester, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Blynman (SR127) Bridge across the
Annisquam River and Blynman Canal at mile 0.0 at Gloucester, MA. This
deviation is necessary to facilitate public safety during a public
event, the annual Saint Peter's Fiesta 5K Road Race. This deviation
allows the bridge to remain closed for thirty minutes to facilitate
public safety.

DATES: This deviation is effective from 6:15 p.m. to 6:45 p.m. on June
23, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0275] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Jim Rousseau, First Coast Guard
District Bridge Branch, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Blynman (SR 127) Bridge across the
Annisquam River and Blynman Canal, mile 0.0, at Gloucester,
Massachusetts, has a vertical clearance in the closed position of 8.2
feet at mean high water and 16 feet at mean low water. The existing
bridge operating regulations are found at 33 CFR 117.586.
    The owner of the bridge, Massachusetts Department of
Transportation, requested a temporary deviation from the normal
operating schedule to facilitate a public event, the Annual Saint
Peter's Fiesta 5K Road Race.
    Under this temporary deviation, the Blynman (SR 127) Bridge may
remain in the closed position for thirty minutes between 6:15 p.m. and
6:45 p.m. on Thursday June 23, 2016.
    The waterways are transited by commercial and seasonal recreational
vessels of various sizes. There is an alternate route for vessel
traffic around Cape Ann. Also, vessels that can pass under the closed
draws during this closure may do so at all times.
    The Coast Guard will inform the users of the waterways through our
Local and Broadcast Notice to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 5, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2016-08126 Filed 4-7-16; 8:45 am]
 BILLING CODE 9110-04-P