[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Page 23242]
[FR Doc No: 2017-10381]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14752-001]

Rivertec Partners LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 14752-001.
    c. Date Filed: April 6, 2017.
    d. Submitted By: Rivertec Partners LLC.
    e. Name of Project: Sherman Hydroelectric Project.
    f. Location: On the Columbia River near Rufus in Sherman County,
Oregon. The project is located at the U.S. Corps of Engineers' John Day
Dam Juvenile Fish Sampling and Monitoring Facility.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Mark Steinley, Rivertec Partners
LLC, 521 Thorn Street, #331, Sewickley, PA 15143; email_
<EMAIL_ADDRESS>(480) 435-0846.
    i. FERC Contact: Kim Nguyen at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Rivertec Partners LLC filed its request to use the Traditional
Licensing Process on April 6, 2017. Rivertec Partners LLC provided
public notice of its request on May 8, 2017. In a letter dated May 16,
2017, the Director of the Division of Hydropower Licensing approved
Rivertec Partners LLC's request to use the Traditional Licensing
Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Oregon State Historic Preservation Officer, as
required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Rivertec Partners LLC as
the Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act and
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act; and consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. Rivertec Partners LLC filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the eLibrary link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: May 16, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-10381 Filed 5-19-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: September 23, 2010 (Volume 75, Number 184)]
[Proposed Rules]
[Page 57880-57882]
[DOCID:fr23se10-15]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0854; Directorate Identifier 2009-NM-261-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    During High Time Equipment (HTE) reviews conducted within the
scope of the A310 aircraft Design Service Goal (DSG) extension work,
Airbus discovered that the splined couplings and the sliding
bearings of the flap transmission system could be affected by
corrosion and wear, especially when their protective components such
as wiper rings and rubber gaiters could become defective.
    This condition, if not detected and corrected, could degrade the
functional integrity of the flap transmission system.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 8,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail<EMAIL_ADDRESS>Internet http://
www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0854;
Directorate Identifier 2009-NM-261-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On January 16, 2007, we issued AD 2007-02-22, Amendment 39-14909
(72 FR 3708, January 26, 2007). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2007-02-22, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has issued EASA Airworthiness Directive 2006-
0111R1, dated August 26, 2009 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    During High Time Equipment (HTE) reviews conducted within the
scope of the A310 aircraft Design Service Goal (DSG) extension work,
Airbus discovered that the splined couplings and the sliding
bearings of the flap transmission system could be affected by
corrosion and wear, especially when their protective components such
as wiper rings and rubber gaiters could become defective.
    This condition, if not detected and corrected, could degrade the
functional integrity of the flap transmission system.

    For the reason described above, this AD requires repetitive
inspections of the flap transmission system and associated
components [for any missing, damaged, or incorrectly installed
rubber gaiter, wiper rings and straps], and corrective action(s),
depending on findings. [The corrective action is replacing missing,
damaged, or incorrectly installed components.]
    This [EASA] AD has been revised to correct the compliance time
of 400 flight cycles in paragraph (3) into 400 flight hours. In
addition, paragraph (4) has been introduced to clarify that the
corrective actions do not end the requirement to continue the
repetitive inspections, and some editorial changes for reasons of
standardization. These do not affect the requirements of this AD as
originally intended.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletin A310-27-2099, Revision
01, dated March 21, 2008. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 46 products of U.S. registry.
    The actions that are required by AD 2007-02-22 and retained in this
proposed AD take about 3 work-hours per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $255 per product.
    We estimate that it would take about 3 work-hours per product to
comply with the revised requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $11,730, or $255
per product.

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.
    We are 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.

Regulatory Findings

    We 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 this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-14909 (72 FR
3708, January 26, 2007) and adding the following new AD:

Airbus: Docket No. FAA-2010-0854; Directorate Identifier 2009-NM-
261-AD.

Comments Due Date

    (a) We must receive comments by November 8, 2010.

Affected ADs

    (b) This AD supersedes AD 2007-02-22, Amendment 39-14909.

Applicability

    (c) This AD applies to all Airbus Model A310-203, -204, -221, -
222, -304, -322, -324, and -325 airplanes; certificated in any
category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    During High Time Equipment (HTE) reviews conducted within the
scope of the A310 aircraft Design Service Goal (DSG) extension work,
Airbus discovered that the splined couplings and the sliding
bearings of the flap transmission system could be affected by
corrosion and wear, especially when their protective components such
as wiper rings and rubber gaiters could become defective.
    This condition, if not detected and corrected, could degrade the
functional integrity of the flap transmission system.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2007-02-22, With Revised Service
Information and Reduced Compliance Time for Corrective Action

Initial and Repetitive Inspections

    (g) Within 2,500 flight cycles after March 2, 2007 (the
effective date of AD 2007-02-22): Do a detailed inspection for any
missing, damaged, or incorrectly installed wiper rings in the
splined couplings of the flap transmission shafts; and a detailed
inspection for any missing, damaged, or incorrectly installed rubber
gaiters and straps on the sliding bearing/plunging joints of the
flap transmission; in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A310-27-2099, dated February
17, 2006; or Airbus Mandatory Service Bulletin A310-27-2099,
Revision 01, dated March 21, 2008. Repeat the inspections thereafter
at intervals not to exceed 2,500 flight cycles. After the effective
date of this AD, use only Airbus Mandatory Service Bulletin A310-27-
2099, Revision 01, dated March 21, 2008.

    Note 1: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

Corrective Actions

    (h) If any damaged, missing or incorrectly installed wiper
rings, rubber gaiters, or straps are found during any inspection
required by paragraph (g) of this AD: At the applicable time in
paragraph (h)(1) or (h)(2) of this AD, replace the applicable
component with a serviceable component in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A310-27-2099,
dated February 17, 2006; or Airbus Mandatory Service Bulletin A310-
27-2099, Revision 01, dated March 21, 2008. After the effective date
of this AD, use only Airbus Mandatory Service Bulletin A310-27-2099,
Revision 01, dated March 21, 2008.
    (1) For airplanes on which the inspection required by paragraph
(g) of this AD has been done before the effective date of this AD:
Within 400 flight cycles after accomplishing the inspection.
    (2) For airplanes on which the inspection required by paragraph
(g) of this AD has not been done on or after the effective date of
this AD: Within 400 flight hours after accomplishing the inspection
required by paragraph (g) of this AD.

New Requirements of This AD

Actions

    (i) Accomplishment of the actions required by paragraph (h) do
not terminate the repetitive inspections required by paragraph (g)
of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, Transport Airplane Directorate, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office. The AMOC
approval letter must specifically reference this AD. AMOCs approved
previously in accordance with AD 2007-02-22, Amendment 39-14909, are
approved as AMOCs for the corresponding provisions of paragraphs (g)
and (h) of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (k) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2006-0111R1, dated August 26, 2009; and Airbus Mandatory
Service Bulletin A310-27-2099, Revision 01, dated March 21, 2008;
for related information.

    Issued in Renton, Washington, on September 10, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-23738 Filed 9-22-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Notices]
[Pages 9285-9286]
[FR Doc No: 2015-03518]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74279; File No. SR-NASDAQ-2014-102]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change To Require That a Company
Publicly Disclose the Denial of a Listing Application

February 13, 2015.

I. Introduction

    On December 11, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to require companies to disclose the denial of an
initial listing application. The proposed rule change was published for
comment in the Federal Register on December 30, 2014.\3\ The Commission
received no comments on the proposed rule change. This order approves
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 73912 (December 22,
2014), 79 FR 78540 (December 30, 2014) (``Notice'').
---------------------------------------------------------------------------

II. Description of Proposed Rule Change

    In its filing, Nasdaq stated that it processes between 200 and 300
applications each year from companies seeking to list securities on
Nasdaq. According to the Exchange, while most applicants meet the
listing requirements (or are prepared to take action to meet those
requirements before listing) in some cases a company does not meet the
requirements and is not willing, or able, to comply. Nasdaq may also
deny a listing application based on public interest concerns even
though the company meets all quantitative listing requirements.\4\ In
either case, Nasdaq will inform the company of the outcome, and the
company may withdraw its application before the application is formally
denied. If the company does not withdraw its application, then the
Nasdaq Listing Qualifications Department will issue a written denial to
the company.\5\ A company denied listing on Nasdaq may appeal the
denial to a Listing Qualifications Hearings Panel (``Hearings
Panel'').\6\
---------------------------------------------------------------------------

    \4\ See Nasdaq Rule 5101 and 5101-1.
    \5\ See Nasdaq Rule 5810.
    \6\ See Nasdaq Rule 5815.
---------------------------------------------------------------------------

    According to Nasdaq, investors view a company's decision to seek
initial listing on the Exchange as a positive development, and
companies often publicize their intention to apply for listing.\7\
Nasdaq believes that the public is therefore interested in the outcome
of an application for initial listing. Nasdaq proposes to require that
a company that receives a written determination denying its application
for listing must, within four business days, make a public announcement
in a press release or other Regulation FD compliant manner about the
receipt of the determination and the Nasdaq Rule(s) upon which the
determination is based. The company must describe each specific basis
and concern identified by Nasdaq in reaching the determination. If the
public announcement is not made by the company within the time allotted
or does not include all of the required information, Nasdaq will make a
public announcement with the required information and, if the company
appeals the determination as set forth in Nasdaq Rule 5815, the
Hearings Panel will consider the company's failure to make the public
announcement in considering whether to list the company. Nasdaq also
proposes to clarify in Rule 5205 that a company may withdraw its
application for initial listing at any time.
---------------------------------------------------------------------------

    \7\ See Notice, supra note 3.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\8\
In particular, the Commission finds that the proposed rule change is
consistent with section 6(b)(5) of the Act,\9\ which requires, among
other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, 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 and are not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that full and fair disclosure of information
by companies is of critical importance to financial markets and the
investing public. According to the Exchange, investors view a company's
decision to seek initial listing on the Exchange as a positive
development, and companies often publicize their intention to apply for
listing. The listing of a company on a national securities exchange
such as Nasdaq provides benefits including, among others, potential for
increased stock liquidity and capital raising benefits.\10\ However,
there appears to be no Exchange requirement for the company to
publicize when its listing application has been denied and therefore
that the company will not be receiving the benefits of an exchange
listing.
---------------------------------------------------------------------------

    \10\ Section 18 of the Securities Act of 1933 (``Securities
Act'') provides federal preemption of state blue sky laws for
securities listed on certain national securities exchanges. 15
U.S.C. 77r. See also 17 CFR 230.146.
---------------------------------------------------------------------------

    The Commission believes that the public, including potential future
investors, would find a denial of a company's listing application, just
as important as the decision to seek an exchange listing which, as
noted by Nasdaq, is often publicized. The significance of a denial of
listing is also underscored by the existence of both the right to
appeal the denial on Nasdaq and the right to obtain Commission review
of such appeals. Nasdaq rules provide, as noted above, for due process
to appeal a denial of listing.\11\ Denial of listings have also been
subject to Commission review under section 19(d) of the Exchange
Act.\12\
---------------------------------------------------------------------------

    \11\ These appeal provisions have been adopted in accordance
with section 6(b)(7) of the Act. 15 U.S.C. 78f(b)(7).
    \12\ Section 19(d) of the Act provides, among other things, for
Commission review of any action self-regulatory organization that,
among other things, prohibits or limits any person in respect to
access to service offered by such organization. See U.S.C. 78s(d).
---------------------------------------------------------------------------

    The Commission therefore believes that the proposed rule change
will help provide transparency to future, as well as existing,
investors about the status of a company's listing application. The
Commission also believes that Nasdaq's proposal to require that such
disclosure be made by press release, or other Regulation FD compliant
manner, will permit companies to disseminate this important information
to the public in a broad and inclusive manner and should help to ensure
for broad public access to the denial of listing determination and the
reasons for the denial.
    As described above, the proposal will also clarify in Nasdaq's
rules that a company may withdraw its application for initial listing
at any time during the review process.\13\ The decision to seek listing
and submit a listing application is generally a voluntary decision by a
company. Consistent with this, it is our understanding that companies
seeking listing on Nasdaq are allowed to withdraw their voluntary
application at any time during the process. The clarification in
Nasdaq's proposal codifies this concept in Nasdaq's rules. The
Commission also believes that for, the same reasons noted above,
companies should consider any applicable disclosure requirements under
the federal securities laws if a company withdraws its listing
application with Nasdaq for any reason.
---------------------------------------------------------------------------

    \13\ See Notice, supra note 3.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered pursuant to section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-NASDAQ-2014-102) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).
    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03518 Filed 2-19-15; 8:45 am]
BILLING CODE 8011-01-P