[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 73018-73020]
[FR Doc No: 2022-25846]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0043; OMB No. 1660-0002]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Disaster Assistance Registration

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 60-Day notice of revision and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on an extension,
with change, of a currently approved information collection. In
accordance with the Paperwork Reduction Act of 1995, this notice seeks
comments concerning changes to modernize and simplify the disaster
assistance registration. The changes will reduce the burden on
survivors by only requiring them to answer questions based on the type
of assistance they need. This will also reduce the amount of time it
takes for survivors to apply either online, or through a call center,
therefore allowing call center agents to assist survivors more quickly.
The notice also includes FEMA documenting all post-registration
contacts, including callouts, casework, and auto-dialers performed for
the purpose of determining whether disaster assistance applicants have
unmet needs and may be eligible for additional assistance and/or share
the results of those contacts directly with external stakeholders, such
as state or local government partners, who can potentially assist those
same applicants with assistance or services not provided by FEMA
through specific programs directly targeted to disaster survivors.

DATES: Comments must be submitted on or before January 27, 2023.

ADDRESSES: Please submit comments at www.regulations.gov under Docket
ID FEMA-2022-0043. Follow the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for

submitting comments or material, all submissions will be posted,
without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you
provide. Therefore, submitting this information makes it public. You
may wish to read the Privacy Act notice that is available via the link
in the footer of www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Brian Thompson, Supervisory Program
Specialist, FEMA, Recovery Directorate at<PHONE_NUMBER> or
[email protected]. You may contact the Information
Management Division for copies of the proposed collection of
information at email address: [email protected].

SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Pub. L. 93-288, as amended) (the Stafford
Act) is the legal basis for FEMA to provide financial assistance and
services to individuals who apply for disaster assistance benefits in
the event of a Presidentially-declared disaster. Regulations in Title
44 of the Code of Federal Regulations, Subpart D, ``Federal Assistance
to Individuals and Households,'' implement the policy and procedures
set forth in section 408 of the Stafford Act. Housing Assistance (HA)
is a provision of the Individuals and Households Program (IHP),
authorized by Section 408(c) of the Stafford Act. There are two forms
of assistance: financial and direct. Financial Housing Assistance
refers to funds provided to eligible applicants for temporary lodging
expenses, rental of temporary housing, or repair or replacement of a
damaged primary residence. Direct Temporary Housing Assistance includes
providing Temporary Housing Units (THU) through Multi-Family Lease or
Repair (MLR) or Direct Lease, or placing transportable temporary
housings (TTHU), such as manufactured housing units (MHU) and
recreational vehicles or travel trailers, on private, commercial, or
group sites. This program provides financial assistance and, if
necessary, direct assistance to eligible individuals and households
who, as a direct result of a major disaster, have necessary expenses
and serious needs that are unable to be met through other means.
Individuals and households may apply for assistance through the
Registration Intake (RI) process under the IHP in person, via
telephone, or the internet. FEMA provides financial assistance under
Other Needs Assistance to individuals or households affected by a major
disaster to meet disaster-related medical, dental, funeral, childcare,
personal property, transportation, moving and storage expenses, and
other necessary expenses or serious needs resulting from a major
disaster under Section 408(e)(1) of the Stafford Act.
    The changes to the following forms support Executive Order 14058,
Transforming Federal Customer Experience and Service Delivery to
Rebuild Trust in Government. The changes will rebuild trust in the
Federal Government by promoting transparency of FEMA's Disaster
Assistance application process.

 FF-104-FY-21-123 (formerly 009-0-1T (English)), Tele-
Registration, Disaster Assistance Registration
 FF-104-FY-21-123-A (formerly 009-0-1T (Spanish)), Tele-
Registration, Registro Para Asistencia De Desastre
 FEMA Form FF-104-FY-21-122 (formerly 009-0-1 (English)), Paper
Application, Disaster Assistance Registration
 FEMA Form FF-104-FY-21-122-A (formerly 009-0-2 (Spanish)),
Solicitud en Papel, Registro Para Asistencia De Desastre
 FEMA Form FF-104-FY-21-125 (formerly 009-0-1Int (English)),
Internet, Disaster Assistance Registration
 FEMA Form FF-104-FY-21-125-A (formerly 009-0-2Int (Spanish)),
Internet, Registro Para Asistencia De Desastre

    In documenting all post-registration callouts, auto-dialer contacts
and subsequent collection of data, FEMA can determine whether
applicants have unmet needs, can process the applicant for financial or
direct assistance sharing the results of those contacts directly with
external stakeholders. This data is specifically used for FEMA and its
stakeholders to determine whether assistance is warranted.
    Collection of Information
    Title: Disaster Assistance Registration.
    Type of Information Collection: Extension, with change, of a
currently approved information collection.
    OMB Number: 1660-0002.
    FEMA Forms: FEMA Form FF-104-FY-21-122 (formerly 009-0-1
(English)), Paper Application, Disaster Assistance Registration; FEMA
Form FF-104-FY-21-122-A (formerly 009-0-2 (Spanish)), Solicitud en
Papel, Registro Para Asistencia De Desastre; FF-104-FY-21-123 (formerly
009-0-1T (English)), Tele-Registration, Disaster Assistance
Registration; FF-104-FY-21-123-A (formerly 009-0-1T (Spanish)), Tele-
Registration, Registro Para Asistencia De Desastre; FEMA Form FF-104-
FY-21-123-COVID-FA (English), Tele-Registration, COVID-19 Funeral
Assistance; FF-104-FY-21-125 (formerly 009-0-1Int (English)), Internet,
Disaster Assistance Registration; FF-104-FY-21-125-A (formerly 009-0-
2Int (Spanish)), Internet, Registro Para Asistencia De Desastre; FEMA
Form FF-104-FY-21-127 (formerly 009-0-5 (English)), Manufactured
Housing Unit Revocable License and Receipt for Government Property
(Revocable License); FEMA Form FF-104-FY-21-127-A (formerly 009-0-6
(Spanish)), Licencia Revocable para la Unidad de Vivienda Temporera y
Recibo para el uso de Propiedad del Govierno (Licencia Revocable); FEMA
Form FF-104-FY-21-128 (formerly 009-0-3 (English)), Declaration and
Release; FEMA Form FF-104-FY-21-128-A (formerly 009-0-4 (Spanish)),
Declaracion Y Autorizacion; FEMA Template FT-104-FY-22-101, Request for
Information (RFI)--COVID-19 Funeral Assistance; FEMA Template FT-104-
FY-22-102, Request for Information (RFI)--Ownership Verification; FEMA
Template FT-104-FY-22-103, Request for Information (RFI)--Occupancy
Verification; FEMA Template FT-104-FY-22-104 Request for Information
(RFI)--Medical, Dental, Disability-Accessibility-Related Items.
    Abstract: The forms in this collection are used to obtain pertinent
information to provide financial assistance, and if necessary, direct
assistance to eligible individuals and households who, as a direct
result of a disaster or emergency, have uninsured or under-insured,
necessary or serious expenses they are unable to meet. This revision of
a currently approved information collection will improve the
applicant's experience with the disaster assistance registration
process by providing a simpler, more intuitive interface and limiting
required responses to those needed based on their needs. These changes
will rebuild trust in the Federal Government by promoting transparency
of FEMA's Disaster Assistance application process.
    Affected Public: Individuals or Households.
    Estimated Number of Respondents: 2,043,134.
    Estimated Number of Responses: 2,043,134.
    Estimated Total Annual Burden Hours: 642,031.
    Estimated Total Annual Respondent Cost: $25,199,718.
    Estimated Respondents' Operation and Maintenance Costs: $0.

    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $31,983,280.
    Comments
    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2022-25846 Filed 11-25-22; 8:45 am]
BILLING CODE 9111-24-P


[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Page 65823]
[FR Doc No: 2015-27215]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76211; File No. SR-EDGX-2015-41]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Amend Rules 1.5(s), 11.1(a)(1), 11.6 and 11.8

October 21, 2015.
    On September 3, 2015, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend rules related to the Pre-Opening Session,
including revising: (1) Exchange Rule 1.5(s) to state that the Pre-
Opening Session will start at 7:00 a.m. rather than 8:00 a.m. Eastern
Time and (2) Exchange Rule 11.1(a)(1) regarding the hours of trading
and trading days of the Exchange to account for the Pre-Opening Session
starting at 7:00 a.m. Eastern Time. The Exchange also proposes to adopt
a new order instruction, Effective Start Time, including revising: (1)
Exchange Rule 11.6 to define Effective Start Time as an order
instruction that would allow Members \3\ to indicate a time upon which
their order may become eligible for execution and (2) Exchange Rule
11.8 to identify the order types that may utilize an Effective Start
Time order instruction. The proposed rule change was published for
comment in the Federal Register on September 10, 2015.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
    \4\ See Securities Exchange Act Release No. 75834 (September 3,
2015), 80 FR 54617 (SR-EDGX-2015-41).
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    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period. The Commission finds
that it is appropriate to designate a longer period within which to
take action on the proposed rule change so that it has sufficient time
to consider the proposed rule change.
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    \5\ 15 U.S.C. 78s(b)(2).
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    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates December 9, 2015, as the date by which the
Commission shall either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-EDGX-2015-41).
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    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27215 Filed 10-26-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Rules and Regulations]
[Page 13670-13671]
[DOCID:fr23mr10-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0710; Airspace Docket No. 09-ASO-16]

Establishment of Class D and E Airspace; Panama City, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D and E Airspace at Panama City,
FL, to accommodate new Area Navigation (RNAV) Global Positioning System
(GPS) Standard Instrument Approach Procedures (SIAPs) for the new
Northwest Florida-Panama City International Airport. This action, taken
in conjunction with the new airline operations that begin at the
airport on May 22, 2010, will enhance the safety and management of
Instrument Flight Rules (IFR) operations at the Northwest Florida-
Panama City International Airport, Panama City, FL.

DATES: Effective 0901 UTC, May 22, 2010. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order

7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On February 1, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to establish Class D and E airspace for
the new Northwest Florida-Panama City International Airport, Panama
City, FL (75 FR 5007) Docket No. FAA-2009-0710. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. Class D
and Class E airspace designations are published in paragraphs 5000 and
6005 respectively of FAA Order 7400.9T, dated August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR 71.1. The Class D and E airspace designations listed in this
document will be published subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class D airspace extending upward from the surface
to 2,500 feet MSL within a 4.7-mile radius of the airport, and Class E
airspace extending from 700 feet above the surface within a 7.2-mile
radius of the airport to accommodate SIAPs at Northwest Florida-Panama
City International Airport, Panama City, FL. This action is necessary
for the safety and management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Northwest Florida-Panama City
International Airport, Panama City, FL.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace Designations and Reporting
Points, signed August 27, 2009, effective September 15, 20097, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D Panama City, FL [NEW]

Northwest Florida-Panama City International Airport, FL
    (Lat. 30[deg]21'28'' N., long. 85[deg]47'56'' W.)

    That airspace extending upward from the surface up to and
including 2,500 feet MSL within a 4.7-mile radius of the Northwest
Florida-Panama City International Airport. This Class D airspace
area is effective during specific dates and times established in
advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Airport/Facility
Directory.
* * * * *

Paragraph 6005 Class E Airspace Extending Upward from 700 feet or
More Above the Surface of the Earth.

* * * * *

ASO FL E5 Panama City, FL [NEW]

Northwest Florida-Panama City International Airport, FL
    (Lat. 30[deg]21'28'' N., long. 85[deg]47'56'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 7.2-mile radius of the Northwest Florida-
Panama City International Airport.

    Issued in College Park, Georgia, on March 12, 2010.
Michael Vermuth,
Acting Manager, Oerations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-6280 Filed 3-22-10; 8:45 am]
BILLING CODE 4910-13-P


RCRA 2002 0027 Response to Comments The EPA has determined that the comments received are not adverse comments. The rule entitled " Land Disposal Restrictions: National Treatment Variance to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium, Mercury, and Silver Containing Batteries; Direct Final Rule" will be effective without modification on November 21, 2002. The substance of the comments received and EPA's response follows.

Document Id: RCRA 2002 0027 0004 Title: Comments from Office of Nuclear Material Safety and Safeguards, USNRC Type: Public Comment Company/ Group/ Association Name: Office of Nuclear Material Safety and Safeguards, U. S. Nuclear Regulatory Commission Author Date: 11 06 2002 Comment: The following comments are provided from the Office of Nuclear Material Safety and Safeguards, USNRC ( contact: Frank Cardile, U. S. Nuclear Regulatory Commission, Mail Stop T 9C24, Rockville, MD, 20852; e mail: fpc@ nrc. gov): 1) Page 62621 of the FRN states that "... recovered metals would likely contain residual radioactive contamination. As a consequence, the recovered metals would have an extremely low probability for reuse." Although this statement may be referring to waste issues, it could be taken out of context and interpreted to mean that " cleared metals" would have an extremely low probability for reuse. Therefore, we suggest that these sentences either be deleted or reworded in this, and in other EPA/ DOE documents related to this rule, to more clearly refer to the waste context in which they are intended. 2) The basis of the rule does not appear to be risk informed and there is not available at this time a regulatory analysis that addresses radiation safety in support of this action. It is suggested that there be a supporting technical basis available for review as part of the rule.

Response: We acknowledge the commenter's concern that any statement could be misread out of context. Clearance is the release from regulatory control of materials that may contain residual levels of radioactivity. An example of this is the release of slightly contaminated metal from nuclear facilities into the general scrap metal supply. Recycling " cleared metals" would not mean the dilution of highly contaminated metal with other metal in the industry. Rather, it would mean the careful sorting of metals, using standard criteria, such that no metals above the clearance criterion would find their way into commerce. Metals containing levels above the standard could be further decontaminated or sent for low level radioactive waste disposal if decontamination to the clearance criteria could not be achieved. In the case of RCRA mixed wastes, land disposal restrictions would also have to be met before disposal. The Agency's full statement did not reference " cleared metals," but conveyed that the recycling of contaminated mixed waste materials would likely result in recovered metals with residual radioactive contamination that would likely limit or prevent their use. The commenter also suggests that a regulatory analysis that addresses radiation safety be made available for review as part of the rule. The EPA has not performed such a radiation safety analysis, nor is it obligated to. This regulation is applicable solely to batteries that must be managed as " mixed waste." " Mixed waste" is waste that contains a hazardous waste component and a radioactive material component. A hazardous waste is either listed under 40 CFR Part 261, Subpart D, and/ or exhibits a characteristic described in 40 CFR Part 261, Subpart C. Radioactive material must be classified as source, special nuclear, or byproduct material subject to the Atomic Energy Act of 1954 ( AEA) ( 42 U. S. C. Section 201 et seq.) Mixed waste is jointly regulated under both RCRA and the AEA. RCRA regulates the hazardous waste portion of the waste as any other hazardous waste, while the AEA regulates the RCRA exempt radioactive portion ( 52 FR 15939; May 1, 1987). The regulations implementing these Acts are developed by EPA, the Nuclear Regulatory Commission ( NRC), and the Department of Energy ( DOE). EPA regulates the hazardous waste portion, while the NRC or DOE regulate the radioactive portion. The NRC typically regulates mixed wastes from commercial and non DOE federal facilities, while DOE regulates materials from DOE facilities. Once the RCRA requirements have been met, the wastes remain subject to NRC and DOE radioactive material management standards. This rule in no way alters the radioactive material standards applicable to the subject radioactively contaminated batteries.

Document Id: RCRA 2002 0027 0005 Title: Response to 67 FR 62618, October 7, 2002: Land Disposal Restrictions: National Treatment Variance to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium, Mercury, and Silver Containing Batteries; Direct Final Rule Type: Public Comment Company/ Group/ Association Name: Utility Solid Waste Activities Group Author Date: 11 06 2002 Restricted Viewing: Full text available in Paper Only Comment: USWAG believes macroencapsulation provides an environmentally sound and practical LDR treatment for mixed waste batteries. As EPA explains, This standard ensures that the encapsulation material will completely encapsulate the waste and be resistant to degradation from materials into which the batteries may come into contact after land disposal ( e. g., leachate, other wastes, etc.). Id. at 62621. The Agency correctly points out that macroencapsulation also is the LDR treatment standard for D008( lead) radioactive lead solids subcategory wastes and K175 mercury bearing wastes. Thus, there is a proven track record for this treatment technology. This approach also will ensure minimal worker handling and reduce the potential for leaching media to contact the batteries following disposal. Id. at 62621. For all these reasons, USWAG strongly supports the alternative LDR treatment standards for mixed waste batteries established in the direct final rule.

Response: We acknowledge the commenter's strong support of the rule. Document Id: RCRA 2002 0027 0006 Title: Response to 67 FR 62618, October 7, 2002: Land Disposal Restrictions: National Treatment Variance to Designate New Treatment Subcategories Radioactively Contaminated Cadmium, Mercury, and Silver Containing Batteries; Direct Final Rule Type: Public Comment Group/ Association Name: Arizona Public Service Company ( APS) Author Date: 11 07 2002 Restricted Viewing: Full text available in Paper Only Comment: The Arizona Public Service Company ( APS) submits this letter in support of the Land Disposal Restrictions: National Treatment Variance to Designate New Treatment Subcategories Radioactively Contaminated Cadmium, Mercury, and Silver Containing Batteries; Direct Final Rule  67 Fed. Reg. 62618 ( October 7, 2002) ( hereafter the " direct Final Rule").

APS is a part  owner and the operator of the Palo Verde Nuclear Generating Station (" PVNGS"). As a result, we have direct experience with generation and management of mixed waste, and intimate familiarity with the substantial burdens resulting from dual regulation of mixed wastes by both EPA and the Nuclear Regulatory commission ( NRC).

Through an aggressive program PVNGS has been able to eliminate the generation of mixed waste from all sources, When EPA finalized the mixed waste conditional exemption last year, it provided PVNGS with an effective means to deal with and dispose of most of its mixed wastes. However, the conditional exemption failed to address one issue; how to dispose of batteries that have become activated during their use. The promulgation of the Direct Final Rule, allowing for the new treatment standard of microencapsulation, will now allow PVNGS with a method to deal with and dispose of mixed waste batteries.

Finally, we hope, as encouraged by EPA, that authorized states such as Arizona will adopt the alternative treatment standard for mixed waste batteries provided for in the Direct Final Rule.

If you have any questions about APS' comments, please call Tom Hillmer ( PVNGS Environmental) at ( 623) 393 5606. Restricted Viewing: Available in Paper Only Response: We acknowledge the commenter's support of the rule, and also encourage all authorized states to adopt the alternative treatment standard for mixed waste batteries provided for in the Direct Final Rule.


Comment Info: =================

General Comment:Attached is our comment responding to EPA's specific questions, as posted in the docket.


[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Notices]
[Page 21334]
[FR Doc No: 2018-09444]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Eighty Eighth RTCA SC-147 Plenary Session Joint With EUROCAE WG-
75

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Eighty Eighth RTCA SC-147 Plenary Session Joint with EUROCAE
WG-75.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of Eighty Eighth RTCA SC-147 Plenary Session Joint with EUROCAE
WG-75.

DATES: The meeting will be held May 18, 2018 9:00 a.m.-3:30 p.m.

ADDRESSES: The meeting will be held at: RTCA Headquarters, 1150 18th
Street NW, Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Al Secen at [email protected] or 202-
330-0647, or The RTCA Secretariat, 1150 18th Street NW, Suite 910,
Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax at (202)
833-9434, or website at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the Eighty Eighth RTCA SC-147 Plenary
Session Joint with EUROCAE WG-75. The agenda will include the
following:

1. Thursday, May 17 (and possibly Friday, May 18), 2018
2. Opening Plenary Session
    a. Chairmen's Opening Remarks/Introductions
    b. DFO Statement and RTCA Policies
    c. Approval of Minutes from 87th meeting of SC-147
    d. Approval of Agenda
    e. Future meeting scheduling
3. Updates on TSO schedule, cert plan and final products (30 min/945-
1015)
4. SC-147 TOR Revisions
    a. Final MASPS for Interoperability of Collision Avoidance Systems
language
5. ACAS Xa/Xo MOPS
6. Final Review and Comment/Open Consultation Overview
7. Working Group Comment Resolution Review and Status
8. Open Comments
    a. Discussion
9. ACAS Xa/Xo MOPS Approval Consideration
10. Next Steps
    a. Comment Resolution Implementation Work-plan
    b. European Validation Process/Schedule
11. ACAS Xu
    a. Report from ACAS Xu WG
12. Summary and Adjourn
13. Note: Plenary MAY continue TO Friday, May 18th only if all business
is not concluded on Thursday, May 17th.

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC on April 12, 2018.
Michelle Swearingen,
Systems and Equipment Standards Branch, AIR-6B0, Policy and Innovation
Division, AIR-600, Federal Aviation Administration.
[FR Doc. 2018-09444 Filed 5-8-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 10 (Wednesday, January 15, 2014)]
[Notices]
[Pages 2736-2737]
[FR Doc No: 2014-00580]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71271; File No. SR-NYSEArca-2013-122]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change Relating to the Use of Derivative Instruments by PIMCO Total
Return Exchange Traded Fund

January 9, 2014.
    On November 6, 2013, NYSE Arca, Inc. filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change relating to the use of derivative
instruments by the PIMCO Total Return Exchange Traded Fund (``Fund'').
The proposed rule change was published for comment in the Federal
Register on November 26, 2013.\3\ The Commission received no comment
letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 70905 (November 20,
2013), 78 FR 70610.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change. The
proposed rule change would, among other things, permit the continued
listing and trading of shares

of the Fund that seeks to invest in certain derivative instruments,
including forwards, exchange-traded and over-the-counter options
contracts, exchange-traded futures contracts, options on futures
contracts, and swap agreements.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates February 24, 2014, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-NYSEArca-2013-122).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-00580 Filed 1-14-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Notices]
[Pages 28416-28418]
[FR Doc No: 2021-11084]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91958; File No. SR-MSRB-2021-03]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change Consisting of Amendments to MSRB Rule A-8 and the By-Laws of the
Municipal Securities Rulemaking Board To Update Descriptions of Board
Rulemaking Processes and Eliminate Redundant or Obsolete Provisions

May 20, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on May 19, 2021 the Municipal Securities
Rulemaking Board (``MSRB'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the MSRB. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The MSRB filed with the Commission a proposed rule change
consisting of amendments to MSRB Rule A-8, relating to rulemaking
procedures, and parallel amendments to Article 8 of the By-Laws of the
Municipal Securities Rulemaking Board (``Bylaws''), which reproduces
MSRB Rule A-8 (the ``proposed rule change''). The MSRB has designated
the proposed rule change as ``concerned solely with the administration
of the self regulatory organization'' under Section 19(b)(3)(A)(iii) of
the Act \3\ and Rule 19b-4(f)(3) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. As described below,
the proposed rule change would update descriptions of Board rulemaking
processes and eliminate redundant or obsolete provisions.
---------------------------------------------------------------------------

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

    The text of the proposed rule change is available on the MSRB's
website at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2021-Filings.aspx, at the MSRB's principal office, 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 MSRB 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 these statements may be examined at the places specified in
Item IV below. The MSRB has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    MSRB rulemaking is governed by Section 19 of the Exchange Act \5\
and Rule 19b-4 thereunder, which describe the processes self-regulatory
organizations must follow to file proposed rule changes with the
Commission. MSRB Rule A-8 reflects, and to some extent incorporates,
these requirements and includes provisions that describe Board
processes for complying with them. The proposed rule change is intended
to update these provisions and reduce unnecessary complexity, as
follows.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s.
---------------------------------------------------------------------------

Eliminating Unnecessary Descriptions of Statutory Requirements
    Section (a) of MSRB Rule A-8 notes the statutory requirements with
which the Board must comply when it adopts rules and also restates the
statutory authority granted to the Board in Section 15B(b) of the
Exchange Act.\6\ While referencing the Board's statutory authority in
section (a) is useful to provide context for what follows, the more
detailed description adds unnecessary length and complexity. The
proposed rule change streamlines the section by deleting the detailed
description but does not change the substance of the rule. The proposed
rule change further improves the readability of section (a) by moving
the sentence describing who must sign rule filings--a separate topic--
into a new section (b).
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78o-4(b).
---------------------------------------------------------------------------

Removing Outdated or Obsolete References
    Current section (b) of MSRB Rule A-8 (section (c) in the proposed
rule change) notes that the Board may ``render or cause to be rendered
advisory opinions and interpretations of rules of the Board at the
request of any interested person.'' \7\ The proposed rule change
removes the reference to ``advisory opinions,'' a term that the Board
once used, but no longer uses, to describe certain interpretations.
Removing this reference would eliminate the potential for confusion
about the meaning of the term without limiting the kinds of
interpretive and other materials relating to rulemaking that the Board
may issue.\8\
---------------------------------------------------------------------------

    \7\ The Board is currently engaged in a retrospective review of
the catalogue of interpretive guidance in its rule book. The multi-
year initiative is intended to streamline and modernize the rule
book by clarifying, amending and/or retiring guidance that no longer
achieves its intended purposes. See MSRB Notice 2021-02 (February
11, 2021).
    \8\ Depending on its substance, an interpretation may be deemed
to be a proposed rule change pursuant to Exchange Act Rule 19b-4, in
which case it must be filed with the Commission.
---------------------------------------------------------------------------

    In addition, because the Board may interpret its rules on its own
initiative, in addition to upon request, the proposed rule change
removes the reference to ``the request of any interested person.''
Finally, the proposed rule change replaces the words ``render'' and
``rendered'' in the first sentence with ``issue'' and ``issued'' and
revises the second sentence to say that interpretations shall ``be
consistent with,'' rather than ``represent,'' the Board's intent in
adopting the rules being interpreted. The Board believes that the new
phrasing is clearer.
    Current section (c) of MSRB Rule A-8 provides that the Board may
approve procedures relating to the administration of MSRB rules
pursuant to MSRB Rule A-4(d), which describes requirements for taking
Board action without a meeting. Current Rule A-8(c) also provides that
such procedures can take effect no earlier than 10 business days after
publication and that regulated entities are subject to these procedures
in the same manner as they are subject to the rules of the Board.
    Adopted at a time when the Board's rules required the Board to
approve changes to Board rules at a meeting of the Board (rather than
through action without a meeting), Rule A-8(c) permitted the Board to
approve minor changes to an MSRB form, for example, without a meeting.
Because the Board's

rules have for some time allowed it to take any permissible action,
including actions relating to rulemaking, without a meeting,\9\ this
section is obsolete and the proposed rule change deletes it.
---------------------------------------------------------------------------

    \9\ MSRB Rule A-4(d) provides that action by the Board may be
taken without a meeting by unanimous written consent. As the Board
noted when it last amended MSRB Rule A-4(d), ``[t]he Board takes
action without a meeting infrequently, generally when a matter
requires prompt attention in between scheduled meetings and
circumstances preclude convening a special meeting.'' Exchange Act
Release No. 89998 (September 25, 2020); 85 FR 62001, 62002 (October
1, 2020); File No. SR-MSRB 2020-05.
---------------------------------------------------------------------------

Better Reflecting Current Transparency Practices
    Section (d) of MSRB Rule A-8 directs the Board to establish
procedures to provide ``access by all interested persons to rules of
the Board and other official Board action.'' As required by Exchange
Act Rule 19b-4(m)(1),\10\ the Board posts and maintains a complete
version of its rules on its website available for the public to access.
The proposed rule change amends section (d) to mirror that requirement
and current practice.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(m)(1).
---------------------------------------------------------------------------

Bylaws
    Article 8 of the Bylaws reproduces MSRB Rule A-8. Accordingly, the
proposed rule change amends the Bylaws to mirror amended MSRB Rule A-8.
2. Statutory Basis
    The MSRB has adopted the proposed rule change pursuant to Section
15B(b)(2) \11\ and 15B(b)(2)(I) \12\ of the Exchange Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-4(b)(2).
    \12\ 15 U.S.C. 78o-4(b)(2)(I).
---------------------------------------------------------------------------

    Section 15B(b)(2) provides that:

    The Board shall propose and adopt rules to effect the purposes
of this title with respect to transactions in municipal securities
effected by brokers, dealers, and municipal securities dealers and
advice provided to or on behalf of municipal entities or obligated
persons by brokers, dealers, municipal securities dealers, and
municipal advisors with respect to municipal financial products, the
issuance of municipal securities, and solicitations of municipal
entities or obligated persons undertaken by brokers, dealers,
municipal securities dealers, and municipal advisors.

    Section 15B(b)(2)(I) of the Exchange Act provides that MSRB rules
shall ``provide for the operation and administration of the Board. . .
.''
Statutory Basis for Proposed Amendments To Eliminate Unnecessary
Descriptions of Statutory Requirements
    The proposed amendment to MSRB Rule A-8(a) that deletes the
detailed description of the Board's statutory authority is consistent
with Section 15B(b)(2) of the Exchange Act, which grants that
authority. As amended, MSRB Rule A-8(a) will continue to state, as
Section 15B(b)(2) does, that the Board shall propose and adopt rules to
effect the purposes of the Exchange Act. Because the Board remains
subject to the detailed description of the Board's statutory authority
in Section 15B(b)(2) of the Exchange Act, it is unnecessary, and
potentially confusing, to duplicate or restate that description in the
rule.
    In addition, both the proposed amendment to MSRB Rule A-8(a) that
deletes the detailed description of the Board's statutory authority and
the amendment to MSRB Rule A-8(a) that moves the last sentence into a
new subsection are consistent with Section 15B(b)(2)(I) of the Exchange
Act because they provide for the operation and administration of the
Board. MSRB Rule A-8 is an administrative rule that describes the
Board's processes for carrying out its statutory rulemaking
responsibilities. Improving the readability of the rule should enhance
the transparency of those processes.
Statutory Basis for Proposed Amendments That Remove Outdated or
Obsolete References
    The proposed amendments to current section (b) (section (c) in the
proposed rule change) of MSRB Rule A-8 that update the description of
the Board's process for interpreting its rules are consistent with
Section 15B(b)(2)(I) of the Exchange Act because they provide for the
operation and administration of the Board. These amendments should
improve transparency about Board processes by aligning the rule more
closely to the Board's current practices.
    The proposed amendment to delete current section (c) of MSRB Rule
A-8 is also consistent with Section 15B(b)(2)(I) of the Exchange Act
for the same reason. While section (c) provided for the operation and
administration of the Board because it provided a Board process for the
Board to approve certain procedures, that process is now obsolete.
Deleting it from the rule should improve transparency and reduce the
potential for confusion about the administrative processes the Board
follows to take action related to rulemaking.
Statutory Basis for Proposed Amendments To Better Reflect Current
Transparency Practices
    The proposed amendments to section (d) of MSRB Rule A-8 are
consistent with Section 15B(b)(2)(I) of the Exchange Act because they
provide for the operation and administration of the Board.
Specifically, these amendments update the description of how the Board
provides access to its rules. Updating that description to more closely
align with current practice and the requirements of Exchange Act Rule
19b-4(m)(1) should enhance clarity about Board processes.
Statutory Basis for Proposed Amendments to Bylaws
    The proposed amendments to the Bylaws are consistent with Section
15B(b)(2)(I) of the Exchange Act because they provide for the operation
and administration of the Board. Specifically, the proposed amendments
ensure that the Bylaws reflect, and are consistent with, the change to
MSRB Rule A-8.

B. Self-Regulatory Organization's Statement on Burden on Competition

    Section 15B(b)(2)(C) of the Exchange Act requires that MSRB rules
not be designed to impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Exchange Act.\13\ The
proposed rule change relates only to the administration of the Board
and would not impose or alter requirements on dealers, municipal
advisors or others. Accordingly, the MSRB does not believe that the
proposed rule change would result in any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the
Exchange Act.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78o-4(b)(2)(C).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received on the
proposed rule change.

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

    The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4
thereunder.\15\ At any time within 60 days of the filing of the
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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-MSRB-2021-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2021-03. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the MSRB. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MSRB-2021-03 and should be submitted on
or before June 16, 2021.

    For the Commission, pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-11084 Filed 5-25-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44234-44236]
[FR Doc No: 2014-17882]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72669; File No. SR-NASDAQ-2014-058]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change To Amend IM-5900-7 To, Among
Other Things, Modify the Free Services Offered to Certain Newly Listing
Companies

July 24, 2014.

I. Introduction

    On May 27, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend IM-5900-7 to, among other things, modify
the free services offered to certain newly listing companies. The
proposed rule change was published in the Federal Register on June 10,
2014.\3\ The Commission received one comment letter on the proposal.\4\
Thereafter, Nasdaq submitted a letter in response to this comment.\5\
This order grants approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 72311 (June 4,
2014), 79 FR 33239 (``Notice'').
    \4\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Patrick Healy, CEO, Issuer Advisory Group LLC, dated July 3,
2014 (``IAG Letter'').
    \5\ See Letter to Elizabeth M. Murphy, Secretary, Commission,
from Arnold P. Golub, Vice President, NASDAQ OMX, dated July 14,
2014 (``Nasdaq Response Letter'').
---------------------------------------------------------------------------

II. Description of the Proposal

    Nasdaq IM-5900-7 describes the complimentary services offered by
Nasdaq to companies listing on the Nasdaq Global and Global Select
Markets in connection with an initial public offering, upon emerging
from bankruptcy, or in connection with a spin-off or carve-out from
another company (``Eligible New Listings'') and to companies that
switch their listing from the New York Stock Exchange to the Nasdaq
Global or Global Select Markets (``Eligible Switches''). Under the
current rule, Eligible Switches with a market capitalization of $500
million or more receive complimentary services for four years from the
date of their listing, while all other Eligible Switches and Eligible
New Listings receive complimentary services for two years from the date
of their listing. In addition, under the current rule, Eligible
Switches and Eligible New Listings with a market capitalization of $500
million or more receive additional services that companies with a
market capitalization below $500 million do not receive (``Additional
Services'').\6\
---------------------------------------------------------------------------

    \6\ The Additional Services include extra licenses for Directors
Desk, additional press release distribution services and market
surveillance tools.
---------------------------------------------------------------------------

    Nasdaq proposes to modify several aspects of IM-5900-7. First,
Nasdaq proposes to increase the threshold for an Eligible Switch or
Eligible New Listing to receive Additional Services from $500 million
or more in market capitalization to $750 million or more in market
capitalization. Nasdaq also proposes to provide three years of
services, instead of four, to Eligible Switches with a market
capitalization of $750 million or more.\7\
---------------------------------------------------------------------------

    \7\ All other Eligible New Listings or Eligible Switches will
continue to receive complimentary services for two years, as they do
under the current rule.
---------------------------------------------------------------------------

    Nasdaq also proposes to remove the use of Directors Desk, an online
board portal, as a complimentary service offered under IM-5900-7.\8\
Instead, Nasdaq proposes to offer all Eligible New Listings and
Eligible Switches four interactive webcasts, with a retail value of
approximately $6,500 per year.
---------------------------------------------------------------------------

    \8\ Under the current rule, all Eligible New Listings and
Eligible Switches receive use of Directors Desk for up to 10 users,
with an approximate retail value of $20,000 per year, and Eligible
New Listings and Eligible Switches with a market capitalization of
$500 million or more receive an additional five licenses for
Directors Desk, with a retail value of approximately $10,000 per
year.
---------------------------------------------------------------------------

    Under the current rule, Nasdaq provides market analytic tools for
up to four users to all Eligible New Listings and Eligible Switches, at
an approximate retail value of $39,000. Nasdaq proposes to change its
offer for market analytic tools for all Eligible News Listings and
Eligible Switches from up to four users to up to two users, at an
approximate retail value of $30,000.
    Nasdaq also proposes to update the approximate retail values set
forth in the rule for the individual services offered and the total
retail value of all services offered to Eligible New Listings or
Eligible Switches to account for changes in prices since the rule was
first adopted as well as changes in services as set forth in the
proposal. Nasdaq states that the cumulative effect of these changes
will reduce the stated annual value of the package from approximately
$94,000 to approximately $70,000 for companies with a market
capitalization of up to $750 million and from approximately $169,000 to
approximately $125,000 for companies with a market capitalization of
$750 million or more.\9\ Under the proposal the stated annual value of
the package available to Eligible New Listings and Eligible Switches
with a market capitalization between $500 million and $750 million will
change from approximately $169,000 to approximately $70,000.\10\
---------------------------------------------------------------------------

    \9\ See Notice, supra note 3, at 33239. The prior value for each
package is the amount currently reflected in the rule text. The
value of the proposed package is based on retail prices as of May
2014. Id. at 33239, n.6.
    \10\ Id.
---------------------------------------------------------------------------

    Nasdaq proposes to remove the current language in IM-5900-7 that
states that the complimentary period for the services starts from the
date of listing and add new paragraph (d) to describe the start of the
complimentary period. Under proposed IM-5900-7(d), if an Eligible New
Listing or Eligible Switch begins to use a particular service provided
under IM-5900-7 within 30 days after the date of listing, the
complimentary period for that service will begin on the date of first
use. In all other cases, the period for each complimentary service
shall commence on the listing date.
    Nasdaq proposes to implement the proposed rule change upon
approval. However, the proposal provides that any company that applies
to list on Nasdaq before July 31, 2014, and that actually lists before
September 30, 2014, may elect to receive services under the terms of
the rule as in effect prior to the amendment (``Prior Rule''),\11\
instead of the terms of the proposed amended IM-5900-7. The proposal
provides that companies that listed while the Prior Rule was in effect
will continue to receive services under the terms of the Prior
Rule.\12\
---------------------------------------------------------------------------

    \11\ See Exchange Act Release No. 65963 (December 15, 2011), 76
FR 79262 (December 21, 2011) (SR-NASDAQ-2011-122) (order approving
the adoption of IM-5900-7) (``Original Approval Order''). Nasdaq
states that it will maintain, in its online rule book, a link to the
text of the rule as in effect before the proposed amendment. The
text of the Prior Rule will be made available at http://nasdaq.cchwallstreet.com/NASDAQ/pdf/nasdaq-filings/2011/SR-NASDAQ-2011-122.pdf.
    \12\ The proposed rule change would also make non-substantive
changes to the rule to consistently use the term ``services''
instead of interchangeably using the terms ``products'' and
``services.''
---------------------------------------------------------------------------

III. Discussion and Summary of Comment 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.\13\ Specifically, the Commission believes it is consistent with
the provisions of

Sections 6(b)(4) and (5) of the Act,\14\ 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 \15\ in that it does not
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \13\ 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).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
    \15\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Commission believes that it is consistent with the Act for the
Exchange to raise the market capitalization threshold for companies to
qualify for Additional Services from $500 million or more to $750
million or more, and for the Exchange to reduce the time period of
complimentary services provided to Eligible Switches with a market
capitalization of $750 million or more from four years to three years.
Moreover, the Commission believes that it is consistent with the Act
for the Exchange to offer varying services to different categories of
issuers since larger capitalized companies generally will need and use
more services.\16\ Nasdaq represents that the new threshold better
reflects the level where a company will most benefit from the
Additional Services, and will most likely continue to purchase those
services after the complimentary period has expired.\17\ In addition,
Nasdaq states that the higher threshold will better reflect the type of
companies that, when listing on Nasdaq, will assist in Nasdaq's efforts
to attract and retain other listings.\18\ Nasdaq states that, based on
its experience, this higher threshold is appropriate to differentiate
the companies that will most benefit from the Additional Services and
provide the most future value to Nasdaq.\19\ Based on the above, the
Commission believes that Nasdaq has provided a sufficient basis for
increasing the threshold by which companies will receive increased
services and that this change does not unfairly discriminate among
issuers.
---------------------------------------------------------------------------

    \16\ See Original Approval Order, supra note 1111, 76 FR at
79266, finding that it is reasonable for Nasdaq to provide different
services to tiers based on market capitalization since larger
capitalized companies generally will need and use more services.
    \17\ See Notice, supra note 3, 79 FR at 33239. As noted by
Nasdaq, in its prior filing, it offers more services to larger
companies because they need more and different governance,
communications and intelligence services.
    \18\ Id.
    \19\ Id. at 33240.
---------------------------------------------------------------------------

    Further, Nasdaq notes that reducing the time period from four to
three years for free services available to larger Eligible Switches
will reduce an existing difference between Eligible Switches and other
Eligible New Listings.\20\ Nasdaq states that these proposed changes
will result in fewer companies receiving the Additional Services and
shorten the period for which some companies receive services, which may
have the result of enhancing competition with other listing venues and
with other service providers.\21\ As noted below, this reflects the
competitive environment for exchange listings.
---------------------------------------------------------------------------

    \20\ Id.
    \21\ Id. at 33240-1.
---------------------------------------------------------------------------

    The Commission believes that it is consistent with the Act for the
Exchange to modify its existing complimentary service offerings by
removing Directors Desk, adding interactive webcasts, and reducing the
number of users for market analytic tools services. Nasdaq states that
it has observed that companies offered the complimentary Directors Desk
package may decline to use it, or may only use a few of the available
seats, and that a number of companies have expressed interest in
interactive webcasts during their discussions with Nasdaq and many
purchase this service from NASDAQ OMX Corporate Solutions.\22\ Thus,
Nasdaq believes that although the interactive webcasts may cost less
than Directors Desk, the expected increase in utilization by companies
could make this substitution more valuable to companies.\23\ In
addition, with respect to the reduction in market analytic tools users,
Nasdaq states that it has observed that many companies have contracted
for four users just because they were available, and not because they
were actually needed by the company, and that these companies may not
be interested in continuing to pay for those users at the retail price
when the package expires.\24\ The Commission understands that Nasdaq
faces competition in the market for listing services, and that it
competes, in part, by offering valuable services to its listed
companies. Nasdaq states that it believes that the changes to the
services offered will result in a more enticing package for potential
new listings, even though the individual value of the services offered
may be less, and therefore will enhance competition among listing
exchanges.\25\
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    \22\ Id. at 33239.
    \23\ Id.
    \24\ Id.
    \25\ Id. at 33240.
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    Accordingly, the Commission believes that Nasdaq's proposed changes
to its complimentary services offerings, including changes to the
eligibility thresholds and the time period of services offered,
reflects the current competitive environment for exchange listings
among national securities exchanges and is appropriate and consistent
with Section 6(b)(8). The Commission notes that all listed companies
receive some services from Nasdaq, including Nasdaq Online and the
Market Intelligence Desk.\26\
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    \26\ Id.
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    The Commission also believes that it is consistent with the Act for
the Exchange to allow the complimentary period for a particular service
to begin on the date of first use if a company begins to use the
service within 30 days after the date of listing. Nasdaq states that,
in its experience, it can take companies a period of time to review and
complete necessary contracts and training for the complimentary
services offered under IM-5900-7 following their listing, and that
allowing this modest 30 day period, if the company needs it, will help
to ensure that the company will have the benefit of the full period
permitted under the rule to actually use the services, thereby enabling
companies to receive the full intended benefit.\27\ Nasdaq states that
this change also more closely aligns Nasdaq's treatment of these
companies with other customers of NASDAQ OMX Corporate Solutions, who
do not receive or pay for services until they are contracted.\28\
Nasdaq states that it believes that the increased flexibility
surrounding the start date of services will result in a more enticing
package for potential new listings and therefore will enhance
competition among listing exchanges.\29\ The Commission notes that this
change would provide only a short window of additional time to allow
companies to finalize their contracts for the complimentary services,
and that this additional time would only be available to companies that
have already determined to list on Nasdaq.\30\ The Commission also
notes, as Nasdaq points out, that a competing service provider could
continue to offer its services during this 30-day period,

which could potentially enhance competition among service
providers.\31\
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    \27\ Id.
    \28\ Id.
    \29\ Id.
    \30\ The Commission expects Nasdaq to track the start (and end)
date of each free service.
    \31\ See Notice, supra note 3, 79 FR at 33241.
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    Nasdaq proposes to allow a company that applies for listing on
Nasdaq before July 31, 2014, and lists before September 30, 2014, to
elect to receive services under the terms of the rule as in effect
before the amendment. Nasdaq notes that companies near a listing or
switch may have relied upon the services described in the previous
version of the rule in making their decision to list on Nasdaq.\32\ The
IAG Letter received argues that Nasdaq should go further and
grandfather under the old rule any company that can demonstrate that it
has been offered the services under the prior version of the rule.\33\
This commenter argues that being forced to file an application by July
31, 2014 and list with Nasdaq by September 30, 2013 in order to receive
the services offered under the prior version of the rule will
disadvantage companies utilizing the confidentiality protection offered
under the JOBS Act.\34\ In response, Nasdaq states its continued belief
that the grandfather period as proposed is appropriate and consistent
with the Act and fully addresses the situation where companies made a
listing decision based, in part, on the services provided under the old
rule.\35\ Nasdaq states its view that companies that have not applied
to list by July 31, 2014 will be able to make their listing decision
based on the services provided under the amended rule and would,
therefore, not be disadvantaged.\36\ In addition, Nasdaq states that
the commenter's suggestion would result in unfair treatment of certain
companies that read the current rule but did not meet with Nasdaq,
introduces unnecessary complexity into the rule by having to
indefinitely track such companies, and would be impractical to
administer.\37\ The Commission agrees with Nasdaq that the grandfather
period proposed is consistent with the Act. The Commission believes
that the application and listing deadlines proposed by Nasdaq in order
to receive services under the prior version of the rule are reasonable,
and that adequate notice of the cutoff dates has been provided to
issuers. The Commission notes that the Notice of the proposal, which
clearly sets forth the grandfather provision, was published in the
Federal Register on June 10, 2014.\38\
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    \32\ Id. at 33240.
    \33\ See IAG Letter, supra note 4, at 2. The IAG also commented
on the reduction in the dollar value of the services and encouraged
the Commission to remain vigilant on this issue. For the reasons
discussed above, the Commission believes that Nasdaq's proposed
changes are consistent with the Act.
    \34\ Id. at 1.
    \35\ See Nasdaq Response Letter, supra note 5.
    \36\ Id.
    \37\ Id.
    \38\ See supra note 3.
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    Finally, the Commission believes that is reasonable, and in fact
required by Section 19(b) of the Exchange Act, that Nasdaq amend IM-
5900-7 to update the rule text to reflect the actual retail values of
the services offered, which have changed since the original adoption of
the rule.\39\ This provides greater transparency to Nasdaq's rules and
the fees applicable to companies listing on the Exchange.
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    \39\ We would expect Nasdaq, consistent with Section 19(b) of
the Act, to periodically update the retail values of services
offered should they change. This will help to provide transparency
to listed companies on the value of the free services they receive
and the actual costs associated with listing on Nasdaq.
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\40\ that the proposed rule change (SR-NASDAQ-2014-058) be, and it
hereby is, approved.
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    \40\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\41\
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    \41\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-17882 Filed 7-29-14; 8:45 am]
BILLING CODE 8011-01-P