g ( 2060   0023, EPA ICR No. 1053.07). This is a request to renew an existing approved collection that is scheduled to expire on February 28, 2003. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: Owners or operators of electric utility steam generating units subject to NSPS Subpart Da must make one time notification of construction/ reconstruction, anticipated and actual startup, initial performance test, physical or operational changes, and demonstration of a continuous monitoring system. They must also submit a report on initial performance test results, monitoring results, and excess emissions. Records must be maintained of startups, shutdowns, malfunctions, periods when the continuous monitoring system is inoperative, and of various fuel combustion and pollutant emission parameters. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. Performance test reports are needed as these are the Agency's records of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. The monitoring and excess emissions reports are used for problem identification, as a check on source operation and maintenance, and for compliance determination. The information collected from recordkeeping and reporting requirements are used for targeting inspections, and for other uses in compliance and enforcement programs. Responses to these information collections are deemed to be mandatory, per section 114( a) of the Clean Air Act. The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B   Confidentiality of Business Information ( see 40 CFR part 2; 41 FR 36902, September 1, 1976; amended by 43 FR 4000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979). control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 85 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Owners or operators of electric utility steam generating units subject to Subpart Da. Estimated Number of Respondents: 655. Frequency of Response: Semiannually, quarterly. Estimated Total Annual Hour Burden: 33,553. Estimated Total Annual Cost: $ 19,490,000, includes $ 2,200,000 annualized capital and $ 9,660,000 O& M costs. Changes in the Estimates: There is an increase of 104,947 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This increase is due to an increase in the size of the regulated universe.

Dated: February 19, 2003.

Oscar Morales,

Director, Collection Strategies Division. [ FR Doc. 03   4913 Filed 2   28   03; 8: 45 am]

BILLING CODE 6560   50   P Agency Information Collection Activities: Submission of EPA ICR No. 1893.03 ( OMB No. 2060   0430) to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Title: Federal Emission Guidelines For Existing Municipal Solid Waste Landfills ( Small) ( 40 CFR part 62, subpart GGG) ( OMB Control Number 2060   0430; EPA ICR No. 1893.03). The ICR which is abstracted below, describes the nature of the information collection and its expected burden and cost. DATES: Additional comments may be submitted on or before April 2, 2003. ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: For questions about this ICR, contact Sharie Centilla, Office of Enforcement and Compliance/ Office of Compliance, mail code 2224A, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; phone number: ( 202) 564   0697; fax number: ( 202) 564   0009; e mail address: centilla. sharie@ epa. gov. Refer to EPA ICR Number 1893.03. SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On November 7, 2002 ( 67 FR 67830) EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID No. OECA   2002   0022, which is available for public viewing at the Enforcement and Compliance Docket and Information Center ( ECDIC) in the EPA Docket Center ( EPA/ DC), EPA West Building, Room B   102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and VerDate Jan< 31> 2003 19: 53 Feb 28, 2003 Jkt 200001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 03MRN1. SGM 03MRN1 p pg EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice, and according to the following instructions: ( 1) Submit your comments to EPA online using EDOCKET ( our preferred method), by e mail to ECDIC at docket. oeca@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, mail code 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) Mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure otherwise is restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to http:// www. epa. gov./ edocket. Title: Federal Emission Guidelines For Existing Municipal Solid Waste Landfills ( Small) ( 40 CFR part 62, subpart GGG) ( OMB Control Number 2060   0430, EPA ICR Number 1893.03). This is a request to renew an existing approved collection that is scheduled to expire on February 28, 2003. Under the OMB regulations, the Agency may continue to conduct or sponsor the as amended, to collect data. The information will be used by Agency enforcement personnel to ( 1) identify existing sources subject to these standards; ( 2) ensure that Best Demonstrated Technology is being properly applied; and ( 3) ensure that the emission control devise is being properly operated and maintained on a continuous basis. In addition, records and reports are necessary to enable the EPA to identify landfills that may not be in compliance with these standards. Based on reported information, the EPA can decide which landfills should be inspected and what records or processes should be inspected at the landfill. The records that landfills maintain would indicate to the EPA whether the personnel are operating and maintaining control equipment properly. The type of data required is principally emissions data and would not be confidential. If any information is submitted to the EPA for which a claim of confidentiality is made, the information would be safeguarded according to the Agency policies set forth in 40 CFR, chapter 1, part 2, subpart B. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The Federal Register document required under 5 CFR 1320.8( d), soliciting comments on this collection of information was published on November 7, 2002. No comments were received. Burden Statement: The annual public reporting and record keeping burden for this collection of information is estimated to average 12 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to respond to a collection of information; search data sources; complete and review the collection of information; Frequency of Response: Annually. Estimated Total Annual Hour Burden: 11,678. Estimated Total Annual Cost: $ 659,428 includes $ 242,000 for Operating and Maintenance costs. There is a decrease of 3,432 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is due to recalculations, correction of high estimates of affected landfills, and no new respondents.

Dated: February 21, 2003. Oscar Morales, Director, Collection Strategies Division. [ FR Doc. 03   4914 Filed 2   28   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7457   1]

Notice of Meeting of the EPA's Children's Health Protection Advisory Committee ( CHPAC)

AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of meeting.

SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92   463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee ( CHPAC) will be held March 18   20, 2003, at the Hotel Washington, Washington, DC. The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health. DATES: Tuesday, March 18 the Science/ Regulatory Work Group will meet; plenary sessions will take place Wednesday, March 19 and Thursday March 20. ADDRESSES: Hotel Washington, 515 15th Street, NW., Washington, DC. AGENDA ITEMS: The meetings of the CHPAC are open to the public. The Science/ Regulatory Work Group will meet Tuesday, March 18 from 9 a. m. to 5 p. m. The plenary CHPAC will meet on Wednesday, March 19 from 9 a. m. to 5 p. m., with a public comment period at 4: 45 p. m., and on Thursday, March 20 from 9 a. m. to 12 p. m. The plenary session will open with introductions and a review of the agenda and objectives for the meeting.

VerDate Jan< 31> 2003 19: 53 Feb 28, 2003 Jkt 200001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 03MRN1. SGM 03MRN1


[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Page 67755]
[FR Doc No: 2020-23603]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4558-DR; Docket ID FEMA-2020-0001]

California; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of California (FEMA-4558-DR), dated August 22, 2020, and
related determinations.

DATES: This amendment was issued September 28, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of California is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 22, 2020.

    Santa Clara County for Individual Assistance.
    Nevada and Santa Clara Counties for Public Assistance, including
direct federal assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-23603 Filed 10-23-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Page 66701]
[FR Doc No: 2018-27955]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR19-11-000]

EnLink NGL Pipeline, LP; Notice of Petition for Declaratory Order

December 18, 2018.
    Take notice that on December 11, 2018, pursuant to Rule 207(a)(2)
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2018), EnLink NGL
Pipeline, LP (EnLink or Petitioner), filed a petition for a Declaratory
Order approving the overall tariff and rate structure for an expansion
of Enlink's interstate pipeline system (Petition) that transports
natural gas liquids (NGLs) from the vicinity of Mont Belvieu, Texas to
various NGL fractionation facilities located in Acadia and Iberville
Parishes, Louisiana, all as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on January 14, 2019.

    Dated: December 18, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-27955 Filed 12-26-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7486-7487]
[FR Doc No: 2023-02262]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-411, OMB Control No. 3235-0465]

Proposed Collection; Comment Request; Extension: Rule 104

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 104 of Regulation M (17
CFR 242.104), under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.). The Commission plans to submit this existing collection of
information to the Office of Management and Budget (``OMB'') for
extension and approval.
    Rule 104--Stabilizing and Other Activities in Connection with an
Offering--permits stabilizing by a distribution participant during a
distribution so long as the distribution participant discloses
information to the market and investors. This rule requires

disclosure in offering materials of the potential stabilizing
transactions and that the distribution participant inform the market
when a stabilizing bid is made. It also requires the distribution
participants (i.e., the syndicate manager) to maintain information
regarding syndicate covering transactions and penalty bids and disclose
such information to the Self-Regulatory Organization (SRO).
    There are approximately 1,211 respondents per year that require an
aggregate total of approximately 242 hours per year to comply with this
rule. Each respondent makes an estimated 1 annual response. Each
response takes approximately 0.20 hours (12 minutes) to complete. Thus,
the total hour burden per year is approximately 242 hours. The total
estimated internal labor cost of compliance for the respondents is
approximately $19,618.20 per year, resulting in an estimated internal
cost of compliance for each respondent per response of approximately
$16.20 (i.e., $19,618.20/1,211 respondents).
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted by
April 4, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email to:
[email protected].

    Dated: January 30, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-02262 Filed 2-2-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Proposed Rules]
[Pages 23-27]
[FR Doc No: 2019-27928]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0989; Product Identifier 2019-NM-097-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directives (ADs)
2015-14-07, 2016-07-10, and 2016-24-09, which apply to The Boeing
Company Model 787-8 and 787-9 airplanes. ADs 2015-14-07, 2016-07-10,
and 2016-24-09 require actions related to certain flight control module
(FCM) software. Since the FAA issued these ADs, the agency has received
reports of unannunciated dual symmetric inboard slat skew and
deficiencies in the FCM software. This proposed AD would also require
installing flight control electronics (FCE) common block point 5 (CBP5)
software, which would terminate the existing requirements. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February
18, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0989.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0989; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:  Maureen G. Fallon, Aerospace
Engineer, Systems and Equipment Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0989;
Product Identifier 2019-NM-097-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Discussion

    The FAA issued three ADs to address certain deficiencies in the FCM
software that, if not corrected, could prevent continued safe flight
and landing.
    AD 2015-14-07, Amendment 39-18205 (80 FR 42014, July 16, 2015)
(``AD 2015-14-07''), applies to certain Model 787-8 airplanes. AD 2015-
14-07 requires installing certain FCM software, and resulted from
reports of deficiencies in the FCM software.
    AD 2016-07-10, Amendment 39-18455 (81 FR 18741, April 1, 2016)
(``AD 2016-07-10''), applies to all Model 787-8 and 787-9 airplanes. AD
2016-07-10 requires revising the airplane flight manual (AFM) to
instruct the flightcrew to avoid abrupt flight control inputs in
response to sudden drops in airspeed, and to reinforce the need to
disconnect the autopilot before making any manual flight control
inputs. AD 2016-07-10 resulted from reports indicating that in certain
weather conditions with high moisture content or possible icing,
erroneous low airspeed may be displayed to the flightcrew before
detection and annunciation via engine indicating and crew-alerting
system (EICAS) messages.
    AD 2016-24-09, Amendment 39-18726 (81 FR 86912, December 2, 2016)
(``AD 2016-24-09''), applies to all Model 787-8 and 787-9 airplanes. AD
2016-24-09 requires repetitive cycling of either the airplane
electrical power or the power to the three FCMs, and resulted from a
report indicating that all three FCMs might simultaneously reset if
continuously powered on for 22 days.

Actions Since ADs 2015-14-07, 2016-07-10, and 2016-24-09 Were Issued

    The preambles to AD 2016-07-10 and AD 2016-24-09 explained that the
FAA considered the requirements ``interim action'' and were considering
further rulemaking. The FAA has now determined that further rulemaking
is indeed necessary, and this proposed AD follows from that
determination.
    Since the FAA issued ADs 2015-14-07, 2016-07-10, and 2016-24-09,
the

agency has received reports of unannunciated dual symmetric inboard
slat skew and deficiencies in the FCM software. An unannunciated dual
symmetric inboard slat skew can result in adverse handling
characteristics of the airplane.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Service Bulletin B787-81205-SB270039-00,
Issue 002, dated March 8, 2018. This service information describes
procedures for installing FCM loadable diagnostic information (LDI)
database (DB) and central maintenance computer function (CMCF) LDI DB
software.
    The FAA also reviewed Boeing Alert Requirements Bulletin B787-
81205-SB270044-00 RB, Issue 001, dated December 18, 2018. This service
information describes procedures for installing FCE CBP5 software, and
applicable concurrent requirements (installing certain software).
    The FAA also reviewed Boeing Service Bulletin B787-81205-SB310014,
Issue 002, dated June 14, 2017. This service information describes
procedures for installing new displays and crew alerting (DCA) system
and maintenance system (MS) software and doing a software check.
    This proposed AD would also require Boeing Alert Service Bulletin
B787-81205-SB270017-00, Issue 001, dated September 18, 2013; Boeing
Alert Service Bulletin B787-81205-SB270020-00, Issue 002, dated
February 12, 2015; and Boeing Service Bulletin B787-81205-SB270023-00,
Issue 001, dated July 24, 2014; which the Director of the Federal
Register approved for incorporation by reference as of August 20, 2015
(80 FR 42017, July 16, 2015).
    This proposed AD would also require Boeing Alert Service Bulletin
B787-81205-SB270040-00, Issue 001, dated November 25, 2016, which the
Director of the Federal Register approved for incorporation by
reference as of December 2, 2016 (81 FR 86912, December 2, 2016).
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 2016-
07-10 and AD 2016-24-09. This proposed AD would retain all of the
requirements of AD 2015-14-07, except paragraph (g)(3) of AD 2015-14-07
(installation of FCM Common Block Point 1 software), which was
erroneously included in AD 2015-14-07 and is therefore no longer
necessary. The service information specified in paragraph (g)(3) of AD
2015-14-07 applies only to Model 787-9 airplanes. This proposed AD
would also require accomplishing the actions specified in the service
information described previously, except as discussed under
``Difference Between this Proposed AD and the Service Information,''
and except for any differences identified as exceptions in the
regulatory text of this proposed AD. The new proposed requirements
would terminate all of the retained requirements.
    For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0989.

Difference Between This Proposed AD and the Service Information

    Although Boeing Alert Requirements Bulletin B787-81205-SB270044-00
RB, Issue 001, dated December 18, 2018, recommends accomplishing the
software installation within 12 months, the FAA has determined that
this interval would not address the identified unsafe condition soon
enough to ensure an adequate level of safety for the affected fleet. In
developing an appropriate compliance time for this AD, the FAA
considered the manufacturer's recommendation, the degree of urgency
associated with the subject unsafe condition, and the average
utilization of the affected fleet. In light of these factors, the FAA
finds that a 6-month compliance time represents an appropriate interval
of time for affected airplanes to continue to operate without
compromising safety. This difference has been coordinated with Boeing.

Other Relevant Rulemaking

    The concurrent requirements specified in this proposed AD are also
concurrent requirements for the actions required by AD 2019-08-05,
Amendment 39-19626 (84 FR 18707, May 2, 2019) (``AD 2019-08-05''), as
specified in paragraph (g)(2) of AD 2019-08-05.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).

Costs of Compliance

    The FAA estimates that this proposed AD affects 78 airplanes of
U.S. registry.
    The compliance time has passed for the retained requirements in
this proposed AD, so all affected airplanes should already be in
compliance with those requirements. Therefore, this AD imposes no
additional financial burden on any U.S. operator.
    However, if a noncompliant airplane is imported and placed on the
U.S. Register in the future, the FAA estimates the following costs to
comply with the retained actions:

                                    Estimated Costs for Retained Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Retained requirements of AD 2015-14[dash]07     4 work-hours x $85 per hour =                 $0            $340
 (11 airplanes).                                 $340.
Retained requirements of AD 2016-07-10........  1 work-hour x $85 per hour = $85               0              85

Retained requirements of AD 2016-24-09........  1 work-hour x $85 per hour = $85               0              85
                                                 per cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to comply with the new
requirements in this proposed AD:

                                      Estimated Costs for New Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
New proposed software installation....  2 work-hours x $85 per                $0            $170         $13,260
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2015-14-07, Amendment 39-18205
(80 FR 42014, July 16, 2015); AD 2016-07-10, Amendment 39-18455 (81 FR
18741, April 1, 2016); and AD 2016-24-09, Amendment 39-18726 (81 FR
86912, December 2, 2016); and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2019-0989; Product Identifier
2019-NM-097-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by February 18,
2020.

(b) Affected ADs

    This AD replaces the ADs identified in paragraphs (b)(1) through
(3) of this AD.
    (1) AD 2015-14-07, Amendment 39-18205 (80 FR 42014, July 16,
2015) (``AD 2015-14-07'').
    (2) AD 2016-07-10, Amendment 39-18455 (81 FR 18741, April 1,
2016) (``AD 2016-07-10'').
    (3) AD 2016-24-09, Amendment 39-18726 (81 FR 86912, December 2,
2016) (``AD 2016-24-09'').

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8 and 787-9
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by reports of deficiencies in the flight
control module (FCM) software and unannunciated dual symmetric
inboard slat skew. The FAA is issuing this AD to address
deficiencies in the FCM software that could prevent continued safe
flight and landing, and to address potential unannunciated dual
symmetric inboard slat skew, which can result in adverse handling
characteristics of the aircraft.

(f) Compliance

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

(g) Retained FCM Software Installation Requirement of AD 2015-14-07,
With No Changes

    This paragraph restates the requirements of the introductory
text to paragraph (g) and paragraphs (g)(1), (2), and (4) of AD
2015-14-07 (paragraph (g)(3) of AD 2015-14-07 is not retained in
this AD), with no changes. For Model 787-8 airplanes identified in
Boeing Alert Service Bulletin B787-81205-SB270020-00, Issue 002,
dated February 12, 2015: Within 6 months after August 20, 2015 (the
effective date of AD 2015-14-07), do one of the actions specified in
paragraphs (g)(1) through (3) of this AD.

    (1) Use the onboard data load function (ODLF) to install FCM
Block Point 3 software (including FCM operational program software
(OPS), FCM loadable diagnostic information (LDI) database (DB)
software, and FCM air data reference function (ADRF) DB software),
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin B787-81205-SB270020-00, Issue 002, dated February
12, 2015.
    (2) Use the ODLF to install FCM Block Point 4 software
(including FCM OPS, FCM LDI DB software, FCM ADRF DB software, and
central maintenance computer function (CMCF) LDI DB software), in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin B787-81205-SB270023-00, Issue 001, dated July 24, 2014.
    (3) Install any later FAA-approved FCM software version using a
method approved in accordance with the procedures specified in
paragraph (r) of this AD.

(h) Retained Concurrent Requirements of AD 2015-14-07, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2015-14-07, with no changes. For Group 1 airplanes, as identified in
Boeing Alert Service Bulletin B787-81205-SB270020-00, Issue 002,
dated February 12, 2015: Prior to or concurrently with accomplishing
the actions required by paragraph (g) of this AD, use the ODLF to
install FCM OPS, FCM LDI DB, and CMCF LDI DB software, or at a
minimum install the FCM LDI DB and CMCF LDI DB software, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin B787-81205-SB270017-00, Issue 001, dated September
18, 2013.

(i) Retained Parts Installation Prohibition of AD 2015-14-07, With No
Changes

    This paragraph restates the provisions of paragraph (i) of AD
2015-14-07 with no changes. After installation of the software
specified in paragraphs (g) and (h) of this AD, no person may
install any previous versions of the FCM OPS, FCM LDI DB, FCM ADRF
DB, or CMCF LDI DB software on any airplane.

(j) Retained Credit for Certain Previous Actions in AD 2015-14-07, With
No Changes

    This paragraph restates the provisions of paragraph (j) of AD
2015-14-07, with no changes. This paragraph provides credit for the
actions required by paragraph (g) of this AD, if those actions were
performed before August 20, 2015 (the effective date of AD 2015-14-
07), using Boeing Alert Service Bulletin B787-81205-SB270020-00,
Issue 001, dated February 6, 2014.

(k) Retained Airplane Flight Manual (AFM) Revision of AD 2016-07-10,
With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2016-07-10, with no changes. Within 15 days after April 14, 2016
(the effective date of AD 2016-07-10), revise the applicable
existing Boeing 787 AFM to add a ``Non-normal Procedure'' that
includes the information in figure 1 to paragraph (k) of this AD.
This may be done by inserting a copy of this AD into the existing
AFM.
[GRAPHIC] [TIFF OMITTED] TP02JA20.000

(l) Retained FCM Reset Requirement of AD 2016-24-09, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2016-24-09, with no changes. Within 7 days after December 2, 2016
(the effective date of AD 2016-24-09), do the actions specified in
paragraph (l)(1) or (2) of this AD. Repeat the action specified in
paragraph (l)(1) or (2) of this AD thereafter at intervals not to
exceed 21 days.
    (1) Cycle the airplane electrical power, in accordance with
``Option 1'' of the Accomplishment Instructions of Boeing Alert
Service Bulletin B787-81205-SB270040-00, Issue 001, dated November
25, 2016.
    (2) Cycle power to the left, center, and right FCMs, in
accordance with ``Option 2'' of the Accomplishment Instructions of
Boeing Alert Service Bulletin B787-81205-SB270040-00, Issue 001,
dated November 25, 2016.

(m) Retained Credit for Previous Actions in AD 2016-24-09, With No
Changes

    This paragraph restates the provisions of paragraph (h) of AD
2016-24-09, with no changes. This paragraph provides credit for the
actions specified in paragraphs (l)(1) and (2) of this AD, if those
actions were performed before December 2, 2016 (the effective date
of AD 2016-24-09) using one of the service information documents
specified in paragraphs (m)(1) through (3) of this AD.
    (1) Boeing Multi-Operator Message MOM-MOM-16-0711-01B, dated
October 21, 2016.
    (2) Boeing Multi-Operator Message MOM-MOM-16-0711-01B(R1), dated
November 17, 2016.
    (3) Boeing Multi-Operator Message MOM-MOM-16-0711-01B(R2), dated
November 17, 2016.

(n) New Required Software Installation

    For airplanes identified in Boeing Alert Requirements Bulletin
B787-81205-SB270044-00 RB, Issue 001, dated December 18, 2018: Do
the actions specified in paragraphs (n)(1) through (3) of this AD,
and, if applicable, do the actions specified in paragraph (n)(4) of
this AD.
    (1) Within 6 months after the effective date of this AD: Do all
applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
B787-81205-SB270044-00 RB, Issue 001, dated December 18, 2018.

    Note 1 to paragraphs (n)(1) and (o)(1):  Guidance for
accomplishing the actions required by paragraphs (n)(1) and (o)(1)
of this AD can be found in Boeing Alert Service Bulletin B787-81205-
SB270044-00, Issue 001, dated December 18, 2018, which is referred
to in Boeing Alert Requirements Bulletin B787-81205-SB270044-00 RB,
Issue 001, dated December 18, 2018.

    (2) Before or concurrently with accomplishment of the actions
specified in paragraph (n)(1) of this AD: Install FCM LDI DB and
CMCF LDI DB software, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin B787-81205-SB270039-00,
Issue 002, dated March 8, 2018.

    Note 2 to paragraph (n)(2): The concurrent requirements
specified in paragraph (n)(2) of this AD are also concurrent
requirements for the actions required by paragraph (g)(2) of AD
2019-08-05, Amendment 39-19626 (84 FR 18707, May 2, 2019) (``AD
2019-08-05'').

    (3) Within 6 months after the effective date of this AD:
Identify the version of the displays and crew alerting (DCA) system
and maintenance system (MS) software installed. If the installed
version is not DCA MS CBP4 or a later-approved version of DCA MS
software, do the actions specified in paragraph (n)(4) of this AD.
    (4) Install a new DCA system and MS software and do a software
check, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin B787-81205-SB310014, Issue 002, dated June 14,
2017.

(o) Software Version Identification

    For airplanes not identified in Boeing Alert Requirements
Bulletin B787-81205-SB270044-00 RB, Issue 001, dated December

18, 2018, that have an original airworthiness certificate or
original export certificate of airworthiness issued on or before the
effective date of this AD: Within 6 months after the effective date
of this AD, do the actions specified in paragraphs (o)(1) and (2) of
this AD.
    (1) Identify the version of the flight control electronics (FCE)
common block point (CBP) software installed. If the installed
version is not CBP5 or later approved version: Within 6 months after
the effective date of this AD, install CBP5 or later approved
version, in accordance with the Accomplishment Instructions of
Boeing Alert Requirements Bulletin B787-81205-SB270044-00 RB, Issue
001, dated December 18, 2018. A review of airplane maintenance
records is acceptable in lieu of this identification requirement, if
the software version can be conclusively determined from that
review.
    (2) Identify the version of the DCA system and MS software
installed. If the installed version is not DCA MS CBP4 or a later-
approved version of DCA MS software: Within 6 months after the
effective date of this AD, install a new DCA system and MS software
and do a software check, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin B787-81205-SB310014, Issue
002, dated June 14, 2017.

(p) Terminating Action for Certain Requirements of This AD

    (1) Except as specified in paragraph (p)(2) of this AD:
Accomplishment of the actions required by paragraph (n) or (o) of
this AD, as applicable, terminates the requirements of paragraphs
(g) through (m) of this AD.
    (2) Accomplishment of the actions required by paragraph (n) or
(o) of this AD, as applicable, terminates the requirements of
paragraph (k) of this AD for that airplane only.
    (3) After the actions required by paragraph (n) or (o) of this
AD have been accomplished on all affected airplanes in an operator's
fleet, and within 6 months after the effective date of this AD,
figure 1 to paragraph (k) of this AD must be removed from the
existing AFM for the fleet.

(q) Parts Installation Prohibition

    As of the effective date of this AD, installation on any
airplane of FCE CBP software with a version previous to CBP5 is
prohibited.

(r) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (s)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company ODA that has been authorized
by the Manager, Seattle ACO Branch, FAA, to make those findings. To
be approved, the repair method, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2015-14-07, AD 2016-07-10,
and AD 2016-24-09, are approved as AMOCs for the corresponding
provisions of paragraphs (g) through (l) of this AD.

(s) Related Information

    (1) For more information about this AD, contact Maureen G.
Fallon, Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on December 17, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-27928 Filed 12-31-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Page 71562]
[FR Doc No: 2011-29785]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0038: FRL-9326-9]

Emergint Technologies, Inc.; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces that pesticide related information
submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), including information
that may have been claimed as Confidential Business Information (CBI)
by the submitter, will be transferred to Emergint Technologies, Inc. in
accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Emergint
Technologies, Inc. has been awarded a contract to perform work for OPP,
and access to this information will enable Emergint Technologies, Inc.
to fulfill the obligations of the contract.

DATES: Emergint Technologies, Inc. will be given access to this
information on or before November 23, 2011.

FOR FURTHER INFORMATION CONTACT: Mario Steadman, Information Technology
and Resources Management Division (7502P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action applies to the public in general. As such, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2011-0038. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. Contractor Requirements

    Under contract number ER-W-11-025, the contractor will perform the
following: The contractor will be assisting in information and records
management activities to support antimicrobial reregistration
activities governed by the Federal Insecticide Fungicide, and
Rodenticide Act (FIFRA) as amended by the Food Quality Act (FQPA) of
August 3, 1996 and the Federal Food Drug and Cosmetic Act (FFDCA).
    This contract involves no subcontractors.
    OPP has determined that the contracts described in this document
involve work that is being conducted in connection with FIFRA, in that
pesticide chemicals will be the subject of certain evaluations to be
made under this contract. These evaluations may be used in subsequent
regulatory decisions under FIFRA.
    Some of this information may be entitled to confidential treatment.
The information has been submitted to EPA under sections 3, 4, 6, and 7
of FIFRA and under sections 408 and 409 of FFDCA.
    In accordance with the requirements of 40 CFR 2.307(h)(3), the
contracts with Emergint Technologies, Inc. prohibits use of the
information for any purpose not specified in these contracts; prohibits
disclosure of the information to a third party without prior written
approval from the Agency; and requires that each official and employee
of the contractor sign an agreement to protect the information from
unauthorized release and to handle it in accordance with the FIFRA
Information Security Manual. In addition, Emergint Technologies, Inc.
is required to submit for EPA approval a security plan under which any
CBI will be secured and protected against unauthorized release or
compromise. No information will be provided to Emergint Technologies,
Inc. until the requirements in this document have been fully satisfied.
Records of information provided to Emergint Technologies, Inc. will be
maintained by EPA Project Officers for these contracts. All information
supplied to Emergint Technologies, Inc. by EPA for use in connection
with these contracts will be returned to EPA when Emergint
Technologies, Inc. has completed its work.

List of Subjects

    Environmental protection, Business and industry, Government
contracts, Government property, Security measures.

    Dated: November 9, 2011.
Oscar Morales,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2011-29785 Filed 11-17-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Proposed Rules]
[Pages 32521-32522]
[FR Doc No: 2014-12953]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 190

[EPA-HQ-OAR-2013-0689; FRL 9911-65-OAR]
RIN 2060-AR12

Environmental Radiation Protection Standards for Nuclear Power
Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking; extension of comment
period.

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

SUMMARY: The U.S. Environmental Protection Agency is announcing an
extension of the public comment period for the Advance Notice of
Proposed Rulemaking (ANPR) requesting public comment and information on
potential approaches to updating the EPA's ``Environmental Radiation
Protection Standards for Nuclear Power Operations''. The EPA published
the ANPR on February 4, 2014 in the Federal Register, which included a
request for comments on or before June 4, 2014. The purpose of this
action is to extend the public comment period an additional 60 days.

DATES: The comment period for the advanced notice of proposed
rulemaking published on February 4, 2014 (79 FR 6509), is extended.
Written comments must be received on or before August 3, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0689, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Postal Service, send comments to: EPA Docket
Center, Environmental Radiation Protection Standards for Nuclear Power
Operations--Advance Notice of Proposed Rulemaking Docket, Docket ID No.
EPA-HQ-OAR-2013-0689, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Please include a total of two copies.
    Hand Delivery: In person or by courier, deliver comments to: EPA
Docket Center, Environmental Radiation Protection Standards for Nuclear
Power Operations--Advance Notice of Proposed Rulemaking Docket, Docket
ID No. EPA-HQ-OAR-2013-0689, EPA West, Room 3334, 1301 Constitution
Avenue NW., Washington, DC 20004. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information. Please include a
total of two copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2013-0689. The Agency's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through
www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about the EPA's public docket,
visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly

available, e.g., CBI or other information for which disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Docket
Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Brian Littleton, EPA Office of
Radiation and Indoor Air,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. What should I consider as I prepare my comments for the EPA?

    1. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number, subject heading,
Federal Register date and page number.
     Follow directions--the EPA may ask you to respond to
specific questions or organize comments by referencing the chapter
number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow it to be
reproduced.
     Illustrate your concerns with specific examples and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

B. How can I get copies of this document, the proposed rule and other
related information?

    The EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2013-0689. The EPA has also developed a Web site for the
ANPR at: www.epa.gov/radiation/laws/190. Please refer to the original
Federal Register notification on the ANPR for detailed information on
accessing information related to the notificaiton.
    In response to requests for an extension, we are extending the
public comment period for this ANPR through August 3, 2014. This
extension will provide the public additional time to provide comment on
updating this standard.

    Dated: May 27, 2014.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2014-12953 Filed 6-4-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Notices]
[Pages 59349-59353]
[FR Doc No: 2020-20702]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89878; File No. SR-NASDAQ-2020-057]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Proposed Rule Change To Allow Companies To List in
Connection With a Direct Listing With a Primary Offering in Which the
Company Will Sell Shares Itself in the Opening Auction on the First Day
of Trading on Nasdaq and To Explain How the Opening Transaction for
Such a Listing Will Be Effected

September 15, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 4, 2020, The Nasdaq Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to allow companies to list in connection with
a primary offering in which the company will sell shares itself in the
opening auction on the first day of trading on Nasdaq and to explain
how the opening transaction for such a listing will be effected.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange 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 Exchange 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
    Nasdaq proposes to (1) adopt Listing Rule IM-5315-2 to permit a
company to list in connection with a primary offering in which the
company will sell shares itself in the opening auction on the first day
of trading on the Exchange (a ``Direct Listing with a Capital Raise'');
\3\ (2) amend Rule 4702 to add a new order type (the ``Company Direct
Listing Order''), which will be used during the Nasdaq Halt Cross for
the shares offered by the company in a Direct Listing with a Capital
Raise; and (3) amend Rules 4120(c)(9), 4573(a)(3) and 4753(b)(2) to
establish requirements for disseminating information, establishing the
opening price and initiating trading through the Nasdaq Halt Cross in a
Direct Listing with a Capital Raise.
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    \3\ A Direct Listing with a Capital Raise includes situations
where either: (i) Only the company itself is selling shares in the
opening auction on the first day of trading; or (ii) the company is
selling shares and selling shareholders may also sell shares in such
opening auction.
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Proposed Listing Rule IM-5315-2
    Listing Rule IM-5315-1 provides additional initial listing
requirements for listing a company that has not previously had its
common equity securities registered under the Act on the Nasdaq Global
Select Market at the time of effectiveness of a registration statement
filed solely for the purpose of allowing existing shareholders to sell
their shares (a ``Direct Listing''). To allow a company to also sell
shares on its own behalf in connection with its initial listing upon
effectiveness of a registration statement, without a traditional
underwritten public offering, the Exchange proposes to adopt Listing
Rule IM-5315-2. This proposed rule would allow a company that has not
previously had its common equity securities registered under the Act,
to list its common equity securities on the Nasdaq Global Select Market
at the time of effectiveness of a registration statement pursuant to
which the company itself will sell shares in the opening auction on the
first day of trading on the Exchange.
    In considering the initial listing of a company in connection with
a Direct Listing on the Nasdaq Global Select Market, Listing Rule IM-
5315-1 currently provides that the Exchange will determine that such
company has met the applicable Market Value of Unrestricted Publicly
Held Shares requirements based on the lesser of: (i) An independent
third-party valuation of the company (a ``Valuation''); \4\ and (ii)
the most recent trading price for the company's common stock in a
Private Placement Market where there has been sustained recent trading.
For a security that has not had sustained recent trading in a Private
Placement Market \5\ prior to listing, Nasdaq will determine that such
Company has met the Market Value of Unrestricted Publicly Held Shares
requirement if the Company satisfies the applicable Market Value of
Unrestricted Publicly Held Shares requirement and provides a Valuation
evidencing a Market Value of Publicly Held Shares of at least
$250,000,000.
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    \4\ IM-5315-1 describes the requirement for a Valuation,
including the experience and independence of the entity providing
the Valuation.
    \5\ Nasdaq defines ``Private Placement Market'' in Listing Rule
5005(a)(34) as a trading system for unregistered securities operated
by a national securities exchange or a registered broker-dealer.
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    In contrast, when applying this requirement to a Direct Listing
with a Capital Raise, the Exchange and investors know the minimum price
at which the company can sell shares in the offering, and therefore is
proposing the following:
     Nasdaq will calculate the value of shares, including those
being sold by the company and those held by public shareholders
immediately prior to the listing, using a price per share equal to the
price that is 20% below the lowest price in the price range disclosed
by the issuer in its registration statement.\6\ Nasdaq also will
determine whether the company has met the applicable bid price and
market capitalization requirements based on the same per share price.
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    \6\ As described below, the Nasdaq Halt Cross would not execute
at a price that is more than 20% below the bottom of the disclosed
range. Thus, this is the minimum price at which the company could
list in connection with a Direct Listing with a Capital Raise.
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     In determining whether the company satisfies the Market
Value of Unrestricted Publicly Held Shares for initial listing on the
Nasdaq Global Select Market, the Exchange will deem such Company to
have met the applicable requirement if the amount of the Company's
Unrestricted Publicly Held Shares before the offering, along with the
market value of the shares to be sold by the company in the Direct
Listing with a Capital Raise is at least $110 million (or $100 million,
if the Company has stockholders' equity of at least $110 million).\7\
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    \7\ For example, if the company is selling five million shares
in the opening auction and there are 45 million shares issued and
outstanding immediately prior to the listing that are eligible for
inclusion as unrestricted publicly-held shares based on disclosure
in the company's registration statement, then the Market Value of
Unrestricted Publicly Held Shares will be calculated based on a
combined total of 50 million shares. If the lowest price of the
price range disclosed in the company's registration statement is $10
per share, the Exchange will attribute to the company a Market Value
of Unrestricted Publicly Held Shares of $400 million, based on a $8
price per share, which is 20% below the bottom of the disclosed
range ($10).
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    Officers, directors or owners of more than 10% of the company's
common stock prior to the opening auction may purchase shares sold by
the company in the opening auction, provided that such purchases are
not inconsistent with general anti-manipulation provisions, Regulation
M, and other applicable securities laws. In addition, in the same way
as for shares of a company listing following a traditional underwritten
IPO, such an insider owner may purchase shares sold by other
shareholders or sell its own shares in the opening auction and in
trading after the opening auction, to the extent not inconsistent with
general anti-manipulation provisions, Regulation M, and other
applicable securities laws. Except as proposed for a Direct Listing
with a Capital Raise, shares held by these types of inside investors
are not included in calculations of Publicly Held Shares for purposes
of Exchange listing rules.\8\ The Exchange notes that such investors
may acquire in secondary market trades shares sold by the issuer in a
Direct Listing with a Capital Raise that were included when calculating
whether the issuer meets the Market Value of Unrestricted Publicly Held
Shares requirement for initial listing. However, the Exchange notes
that a company listing in conjunction with a Direct Listing with a
Capital Raise will be required to have a Market Value of Unrestricted
Publicly Held Shares much higher than the Exchange's minimum $45
million Market Value of Unrestricted Publicly Held Shares requirement
for a traditional underwritten IPO. This heightened requirement, along
with the ability of all investors to purchase shares in the opening
process on the Exchange, should result in companies using a Direct
Listing a Capital Raise having adequate public float and a liquid
trading market after the completion of the opening auction.
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    \8\ Rule 5005(a)(35).

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    Any company listing in connection with a Direct Listing with a
Capital Raise would continue to be subject to, and required to meet,
all other applicable initial listing requirements, including the
requirements to have the applicable number of shareholders and at least
1,250,000 Unrestricted Publicly Held Shares outstanding at the time of
initial listing, and the requirement to have a price per share of at
least $4.00 at the time of initial listing.\9\
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    \9\ See Listing Rules 5315(f)(1), (e)(1) and (2), respectively.
Rule 5315(f)(1) requires a security to have: (A) At least 550 total
holders and an average monthly trading volume over the prior 12
months of at least 1,100,000 shares per month; or (B) at least 2,200
total holders; or (C) a minimum of 450 round lot holders and at
least 50% of such round lot holders must each hold unrestricted
securities with a market value of at least $2,500.
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    Proposed Listing Rule IM-5315-2 also requires that securities
listing in connection with a Direct Listing with a Capital Raise must
begin trading on Nasdaq following the initial pricing through the
Nasdaq Halt Cross, which is described in Rules 4120(c)(8) and 4753. To
allow such initial pricing, the company must, in accordance with Rule
4120(c)(9), have a broker-dealer serving in the role of financial
advisor to the issuer of the securities being listed, who is willing to
perform the functions under Rule 4120(c)(8) that are performed by an
underwriter with respect to an initial public offering.\10\
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    \10\ As noted below, the Exchange also proposes to amend Rule
4120(c)(9) to specify that any services provided by such financial
advisor to the issuer of a security, including a company listing in
connection with a Direct Listing with a Capital Raise, must provide
such services in a manner that is consistent with all federal
securities laws, including Regulation M and other anti-manipulation
requirements.
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Amendment to Rule 4702
    The Exchange proposes to amend Rule 4702 to add a new order type,
the ``Company Direct Listing Order'' or ``CDL Order'', which will be
used for the company's order in a Direct Listing with a Capital Raise.
This will be a market order entered for the quantity of shares offered
by the issuer, as disclosed in an effective registration statement for
the offering that will execute at the price determined in the Nasdaq
Halt Cross. A CDL Order may be entered only on behalf of the issuer and
the CDL Order may not be cancelled or modified. Only one Nasdaq member,
representing the issuer, may enter a CDL Order during a Direct Listing
with a Capital Raise.
    Under Nasdaq rules, a market order, such as the CDL Order, must be
executed in full at the price determined in the Nasdaq Halt Cross. In
addition, all orders priced better than the price determined in the
Nasdaq Halt Cross also would need to be satisfied.
Amendments to Rules 4120(c)(9), 4753(a)(3) and 4753(b)(2)
    Nasdaq proposes to amend Rules 4120(c)(9), 4573(a)(3) and
4753(b)(2) to establish requirements for disseminating information,
establishing the opening price and initiating trading through the
Nasdaq Halt Cross in a Direct Listing with a Capital Raise.
    Nasdaq proposes to add Rule 4120(c)(9)(B) to specify that in the
case of the Direct Listing with a Capital Raise, a security shall not
be released for trading by Nasdaq unless the expected price at which
the cross would occur (as defined in Rule 4120(c)(8)(A)(i)) is at or
above the price that is 20% below the lowest price of the price range
established by the issuer in its effective registration statement.\11\
This requirement would be in addition to the existing conditions
described in Rule 4120(c)(8)(A)(i), (ii), and (iii), which would
continue to apply.\12\
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    \11\ SEC Rule 430A and question 227.03 of the SEC Staff's
Compliance and Disclosure Interpretations, dated November 6, 2017,
generally allow a company to price a public offering 20% outside of
the disclosed price range without regard to the materiality of the
changes to the disclosure contained in the company's registration
statement.
    \12\ Rule 4120(c)(8)(A) provides that a security will not be
released for trading until Nasdaq receives notice from the
underwriter of the IPO or financial advisor in the case of a Direct
Listing that the security is ready to trade, the system verifies
that all market orders will be executed in the cross, and the price
determined in the cross satisfies a price validation test.
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    Because the financial advisor is responsible for determining when
the security subject to the Nasdaq Halt Cross is ready to trade, these
proposed rule changes would make the financial advisor responsible for
determining whether the Halt Cross for a Direct Listing with a Capital
Raise can proceed. If there is insufficient buy interest to satisfy the
CDL Order as required by this proposed rule, the cross would not
proceed and such security would not begin trading. If the cross cannot
be conducted, the Exchange would notify market participants via a
Trader Update that the Direct Listing with a Capital Raise has been
cancelled and any orders for that security that have been entered on
the Exchange, including the CDL Order, would be cancelled back to the
entering firms.
    Because the CDL Order will be a market order, if the Halt Cross
proceeds, that order will execute in full in the Halt Cross, along with
orders priced at or better than the price determined in the Halt Cross.
As noted above, the Halt Cross would not be allowed to proceed if the
price calculated is 20% or more below the lowest price disclosed by the
company in its effective registration statement. There would be no
upper limit to the price determined in the Halt Cross.
    Nasdaq also proposes changes to Rules 4573(a)(3) and 4753(b)(2) to
make adjustments to the calculation of the Current Reference Price,
which is disseminated in the Nasdaq Order Imbalance Indicator, in the
case of a Direct Listing with a Capital Raise and for how the price at
which the Nasdaq Halt Cross will execute. In each case, where there are
multiple prices that would satisfy the conditions for determining a
price, Nasdaq proposes to modify the fourth tie-breaker for a Direct
Listing with a Capital Raise, to use the price closest to the price
that is 20% below the lowest price of the price range disclosed by the
issuer in its effective registration statement.
    Finally, Nasdaq proposes to amend Rule 4120(c)(9) to specify that
the activities performed by a financial advisor under Rule 4120(c)(8)
must be conducted in a manner that is consistent with all federal
securities laws, including Regulation M and other anti-manipulation
requirements.\13\ This change will apply to traditional Direct
Listings, as described under IM-5315-1, IM-5405-1 and IM-5505-1, as
well as to Direct Listings with a Capital Raise, as described under
proposed IM-5315-2.
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    \13\ Rule 4120(c)(8) describes the activities performed by an
underwriter in an IPO and by a financial advisor in a Direct
Listing.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\15\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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    Nasdaq believes that the proposed amendment to the listing
requirements is consistent with the protection of investors. The
proposal would require that a company completing a Direct Listing with
a Capital Raise have an aggregate market value of unrestricted
publicly-held shares immediately prior to listing together with the
market value of shares the company sells in the opening auction total
at least $110 million (or $100 million, if the Company has
stockholders' equity of at

least $110 million), with such market value calculated using a price
per share equal to 20% below the lowest price of the price range
established by the issuer in its registration statement. While
officers, directors or owners of more than 10% of the company's common
stock prior to the opening auction may purchase shares sold by the
company or other shareholders in the opening transaction on Nasdaq, in
the event that such purchases are not inconsistent with general anti-
manipulation provisions, Regulation M, and other applicable securities
laws, Nasdaq expects that a company expecting to sell a significant
portion of its shares to officers, directors and existing significant
shareholders would not undertake a public listing through a Direct
Listing with a Capital Raise. Nasdaq also notes that a company may list
on the Global Select Market in connection with its initial public
offering with a market value of unrestricted publicly held shares of
$45 million and that unlike a company listing in connection with a
Direct Listing that could qualify for the price-based initial listing
requirements based on a Valuation, a company listing in connection with
a Direct Listing with a Capital Raise, like an IPO, must qualify for
such requirements based on the minimum price at which it could sell
shares in the offering. The higher requirement, along with the ability
of all investors to purchase shares in the opening process on the
Exchange, should result in companies using a Direct Listing a Capital
Raise having adequate public float and a liquid trading market after
the completion of the opening auction.
    Nasdaq also believes that it is consistent with the protection of
investors to calculate the security's bid price and values derived from
the security's price using a price per share equal to the price that is
20% below the lowest price of the price range disclosed by the issuer
in its registration statement. Commission rules and interpretations
generally allow the sale of securities pursuant to an effective
registration statement at a price that is 20% below the lowest price of
the price range disclosed by the issuer in its registration statement.
As a result, Nasdaq will allow the Halt Cross to take place as low as
this price, but no lower, and so this is the minimum price at which the
company could be listed.
    The proposed requirement that a company that lists on the Nasdaq
Global Select Markets through a Direct Listing with a Capital Raise
must begin trading of the company's securities following the initial
pricing through the Halt Cross will promote fair and orderly markets by
protecting against volatility in the pricing and initial trading of
securities covered by the proposed rule change. Accordingly, Nasdaq
believes these changes, as required by Section 6(b)(5) of the Exchange
Act, are reasonably designed to protect investors and the public
interest and promote just and equitable principles of trade for the
opening of securities listing in connection with a Direct Listing with
a Capital Raise on the Nasdaq Global Select Market.
    Nasdaq also believes that the proposed adoption of the CDL Order
type in Rule 4702 and the addition of requirements to the operation of
the Nasdaq Halt Cross in Rule 4120(c)(9) will remove impediments to and
perfect the mechanism of a free and open market and a national market
system because it would guarantee that the Nasdaq Halt Cross would only
occur above a minimum specified price, as described above, and, if the
Halt Cross occurs, all shares offered by the company would be sold at
no less than such minimum price. Unlike an IPO, a company listing
through a Direct Listing with a Capital Raise would not have an
underwriter to guarantee that a specified number of shares would be
sold by the company at a price consistent with disclosure in the
company's effective registration statement. This certainty would be
effected in two ways. First, the proposed CDL Order would be required
to be equal to the total number of shares disclosed as being offered by
the company in the prospectus included in the effective registration
statement filed in connection with its listing. The Nasdaq Halt Cross
would only occur if all of the shares in this market order could be
executed. Second, the Nasdaq Halt Cross would be required to occur at a
price per share no less than the price that is 20% below the lowest
price of the price range disclosed by the issuer in its registration
statement. Nasdaq further believes that these proposed changes would
remove impediments to and perfect the mechanism of a free and open
market and a national market system because they are designed to
function seamlessly with the existing process for the Nasdaq Halt
Cross, including dissemination of information about the expected price.
    Nasdaq also believes that it is consistent with the protection of
investors and the public interest to remind financial advisors in a
Direct Listing, including Direct Listings with a Capital Raise, that
activities in connection with the listing must be conducted in a manner
that is consistent with the federal securities laws, including
Regulation M and other anti-manipulation requirements.
    Nasdaq believes that the proposed rule change to modify the fourth
tie-breaker used in calculating the Current Reference Price
disseminated in the Nasdaq Order Imbalance Indicator and the price at
which the Nasdaq Halt Cross will occur, protects investors and the
public interest. For a Direct Listing, in using the Halt Cross to
initiate the initial trading in the company's securities, the Current
Reference Price and price at which the Nasdaq Halt Cross will occur may
be based on the most recent transaction price in a Private Placement
Market where the security has had recent sustained trading in such a
market over several months; otherwise the price will be determined by
the Exchange in consultation with a financial advisor to the issuer.
For an IPO, however, the fourth tie-breaker used in calculating the
Current Reference Price, is the price that is closest to the Issuer's
Initial Public Offering Price. Because a Direct Listing with a Capital
Raise is similar to an IPO in that the company sells securities in the
offering, the proposed rule change provides that the forth tie-breaker
in calculating the Current Reference Price for such security is the
price that is closest to the price that is 20% below the lowest price
of the price range disclosed by the issuer in its effective
registration statement, which is the minimum price at which the Halt
Cross will occur.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed amendments would
not impose any burden on competition, but would rather increase
competition. In that regard, the Commission recently approved a similar
proposal to allow a Direct Listing with a Capital Raise on the New York
Stock Exchange.\16\ Allowing Nasdaq to have similar rules will give
issuers interested in this pathway to access the capital markets a
choice of listing venues, which will enhance competition among
exchanges.
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    \16\ Securities Exchange Act Release No. 89684 (August 26,
2020), 85 FR 54454 (September 1, 2020) (approving SR-NYSE-2019-67).
See also a letter from J. Matthew DeLesDernier, Assistant Secretary,
the Office of the Secretary of the SEC, to John Carey Senior
Director, NYSE Group Inc., indicating that the approval order is
stayed until the Commission orders otherwise. (Available at https://www.sec.gov/rules/sro/nyse/2020/34-89684-carey-letter.pdf).

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

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-NASDAQ-2020-057 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2020-057. 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 such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2020-057, and should be submitted
on or before October 13, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-20702 Filed 9-18-20; 8:45 am]
BILLING CODE 8011-01-P