82 FR 16651 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Nasdaq Rule 5710
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 64 (April 5, 2017)
Federal Register Volume 82, Issue 64 (April 5, 2017)
| Page Range | 16651-16653 | |
| FR Document | 2017-06684 |
[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)] [Notices] [Pages 16651-16653] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06684] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80348; File No. SR-NASDAQ-2017-032] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Nasdaq Rule 5710 March 30, 2017. 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 March 22, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or ``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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Nasdaq Rule 5710 (Securities Linked to the Performance of Indexes and Commodities (Including Currencies)). The text of the proposed rule change is available on the Exchange's Web site at http://nasdaq.cchwallstreet.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the 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 The Exchange proposes to amend Nasdaq Rule 5710 (Securities Linked to the Performance of Indexes and Commodities (Including Currencies)), which allows the listing of Linked Securities.\3\ The proposed rule change will modify language in Nasdaq Rule 5710(e) to reflect a substantially similar change previously made by NYSE Arca, Inc. (``Arca'') to Arca Rule 5.2(j)(6)(A)(e) \4\ so both the Nasdaq and Arca provisions will be substantively identical. --------------------------------------------------------------------------- \3\ See Nasdaq Rule 5710, which in defining Linked Securities states that ``Nasdaq will consider for listing and trading equity index-linked securities (``Equity Index-Linked Securities'') and commodity-linked securities (``Commodity-Linked Securities''), fixed income index-linked securities (``Fixed Income Index-Linked Securities''), futures-linked securities (``Futures-Linked Securities'') and multifactor index-linked securities (``Multifactor Index-Linked Securities'' and, together with Equity Index-Linked Securities, Commodity-Linked Securities, Fixed Income Index-Linked Securities and Futures-Linked Securities, ``Linked Securities'') that in each case meet the applicable criteria of this Rule.'' \4\ See Securities Exchange Act Release No. 56637 (Oct. 10, 2007), 72 FR 58704 (Oct. 16, 2007) (SR-NYSEArca-2007-92). At the time of Arca's initial filing, this rule was Arca Rule 5.2(j)(6)(e). --------------------------------------------------------------------------- Specifically, Nasdaq Rule 5710(e) states that for listing of a Linked Security,\5\ the issuer will be expected to have a minimum tangible net worth in excess of $250 million and exceed by at least 20% the earnings requirements set forth in Nasdaq Rule 5405(b)(1)(A).\6\ The proposed rule change deletes the portion of this rule that requires that a company exceed by at least 20% the earnings requirements set forth in Nasdaq Rule 5405(b)(1)(A).\7\ --------------------------------------------------------------------------- \5\ This requirement will also apply for continued listing effective August 1, 2017. See Securities Exchange Act Release No. 79784 (Jan. 12, 2017), 82 FR 6664 (Jan. 19, 2017) (SR-NASDAQ-2016- 135). \6\ Nasdaq Rule 5405(b)(1)(A) requires a company under the ``Income Standard'' alternative for the initial listing of a primary equity security on the Nasdaq Global Market to have ``Annual income from continuing operations before income taxes of at least $1,000,000 in the most recently completed fiscal year or in two of the three most recently completed fiscal years.'' \7\ Id. --------------------------------------------------------------------------- The proposed rule change will also modify the $250 million minimum tangible net worth requirement with a parenthetical stating that if the Linked Securities are fully and unconditionally guaranteed by an affiliate of the company, Nasdaq will rely on such affiliate's tangible net worth for purposes of this requirement. Nasdaq Rule 5710(e) also provides an alternative listing requirement where a company can list a Linked Security with tangible net worth requirement in excess of $150 million (instead of $250 million), provided that the original issue price of all the company's other index-linked note offerings (combined with index-linked note offerings of the company's affiliates) listed on a national securities exchange does not exceed 25% of the company's tangible net worth. This alternative listing requirement also will be modified to be substantively identical to the Arca provision. Thus, while a company's listing of a Linked Security under the Nasdaq provision must currently also meet the requirement that the company also exceed by at least 20% the earnings requirements set forth in Nasdaq Rule 5405(b)(1)(A), that earnings test will likewise be deleted.\8\ --------------------------------------------------------------------------- \8\ Id. --------------------------------------------------------------------------- The proposed rule change will both delete the Nasdaq language discussed above, as well as add the following substantively identical language from the Arca provision, to substantially conform the Nasdaq language to the Arca language. First, that the original issue price of the Linked Securities, combined with all of the company's other Linked Securities listed on a national securities exchange or otherwise publicly traded in the United States, must not be greater than 25 percent of the company's tangible net worth at the time of issuance. Second, a parenthetical will be added following this to say that if the Linked Securities are fully and unconditionally guaranteed by an affiliate of the Company, Nasdaq will apply the provisions of this paragraph to such affiliate instead of the Company and will include in its calculation all Linked Securities that are fully and unconditionally guaranteed by such affiliate. Third, as with the Arca provision, a sentence at the end of this listing standard will state that Government issuers and supranational entities will be evaluated on a case-by-case basis. The Exchange believes that conforming Nasdaq's listing standards to Arca's does not impact investor protections and will enhance competition by establishing an equivalent listing standard across Arca and Nasdaq for Linked Securities. Although Nasdaq will be deleting the earnings test, investors will not be adversely affected since a Company will still be required to have at least either (i) $250 million, or (ii) $150 million in tangible net worth and subject to a maximum issuance threshold [[Page 16652]] (depending on which requirement the Company is able to satisfy). Nasdaq will also take into consideration whether the Linked Securities are fully and unconditionally guaranteed by an affiliate of the Company. These conforming changes will provide a strong indication of the company's ability to make necessary payments on the Linked Security. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\9\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\10\ 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. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78f(b). \10\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change to conform Nasdaq Rule 5710(e) so that it is substantially similar to Arca Rule 5.2(j)(6)(A)(e) will promote just and equitable principles of trade, and, in general protect investors and the public interest since it will promote the application of consistent listing standards for Linked Securities. Specifically, although Nasdaq will be deleting the earnings test, investors will not be adversely affected since a Company will still be required to have at least either (i) $250 million, or (ii) $150 million in tangible net worth and subject to a maximum issuance threshold (depending on which requirement the Company is able to satisfy). Nasdaq will also take into consideration whether the Linked Securities are fully and unconditionally guaranteed by an affiliate of the Company. The continuing minimum tangible net worth requirements coupled with the conforming changes will provide a strong indication of the company's ability to make necessary payments on the Linked Security. For these reasons, Nasdaq believes the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act. 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, as amended. Instead, the Exchange believes that the proposed rule change to conform Nasdaq Rule 5710(e) so that it is substantially similar to Arca Rule 5.2(j)(6)(A)(e) may enhance competition since Nasdaq and Arca \11\ will have substantially similar listing requirements for Linked Securities. --------------------------------------------------------------------------- \11\ Supra note 4. --------------------------------------------------------------------------- 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 Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b- 4(f)(6) thereunder.\13\ --------------------------------------------------------------------------- \12\ 15 U.S.C. 78s(b)(3)(A). \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) normally does not become operative prior to 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange has stated that the proposal will lead to a more consistent initial and continued listing standard across Nasdaq and Arca for Linked Securities and thereby enhance competition. The Exchange also has noted that the proposed rule change is substantially similar to a change previously made by Arca.\15\ Based on the foregoing, the Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Therefore, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative upon filing.\16\ --------------------------------------------------------------------------- \14\ 17 CFR 240.19b-4(f)(6)(iii). \15\ See supra note 4. \16\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NASDAQ-2017-032 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-2017-032. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official [[Page 16653]] business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2017-032 and should be submitted on or before April 26, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\17\ --------------------------------------------------------------------------- \17\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-06684 Filed 4-4-17; 8:45 am] BILLING CODE 8011-01-P
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For the Commission, by the Division of A. Self-Regulatory Organization’s company can list a Linked Security with
Investment Management, under delegated Statement of the Purpose of, and tangible net worth requirement in
authority. Statutory Basis for, the Proposed Rule excess of $150 million (instead of $250
Eduardo A. Aleman, Change million), provided that the original issue
Assistant Secretary. price of all the company’s other index-
1. Purpose
[FR Doc. 2017–06693 Filed 4–4–17; 8:45 am] linked note offerings (combined with
BILLING CODE 8011–01–P
The Exchange proposes to amend index-linked note offerings of the
Nasdaq Rule 5710 (Securities Linked to company’s affiliates) listed on a national
the Performance of Indexes and securities exchange does not exceed
SECURITIES AND EXCHANGE Commodities (Including Currencies)), 25% of the company’s tangible net
COMMISSION which allows the listing of Linked worth.
Securities.3 The proposed rule change This alternative listing requirement
[Release No. 34–80348; File No. SR– will modify language in Nasdaq Rule also will be modified to be substantively
NASDAQ–2017–032]
5710(e) to reflect a substantially similar identical to the Arca provision. Thus,
Self-Regulatory Organizations; The change previously made by NYSE Arca, while a company’s listing of a Linked
NASDAQ Stock Market LLC; Notice of Inc. (‘‘Arca’’) to Arca Rule Security under the Nasdaq provision
Filing and Immediate Effectiveness of 5.2(j)(6)(A)(e) 4 so both the Nasdaq and must currently also meet the
Proposed Rule Change To Amend Arca provisions will be substantively requirement that the company also
Nasdaq Rule 5710 identical. exceed by at least 20% the earnings
Specifically, Nasdaq Rule 5710(e) requirements set forth in Nasdaq Rule
March 30, 2017. states that for listing of a Linked 5405(b)(1)(A), that earnings test will
Pursuant to Section 19(b)(1) of the Security,5 the issuer will be expected to likewise be deleted.8
Securities Exchange Act of 1934 have a minimum tangible net worth in The proposed rule change will both
(‘‘Act’’),1 and Rule 19b-4 thereunder,2 excess of $250 million and exceed by at delete the Nasdaq language discussed
notice is hereby given that on March 22, least 20% the earnings requirements set above, as well as add the following
2017, The NASDAQ Stock Market LLC forth in Nasdaq Rule 5405(b)(1)(A).6 The substantively identical language from
(‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the proposed rule change deletes the the Arca provision, to substantially
Securities and Exchange Commission portion of this rule that requires that a conform the Nasdaq language to the
(‘‘SEC’’ or ‘‘Commission’’) the proposed company exceed by at least 20% the Arca language. First, that the original
rule change as described in Items I and earnings requirements set forth in issue price of the Linked Securities,
II below, which Items have been Nasdaq Rule 5405(b)(1)(A).7 combined with all of the company’s
prepared by the Exchange. The The proposed rule change will also other Linked Securities listed on a
Commission is publishing this notice to modify the $250 million minimum national securities exchange or
solicit comments on the proposed rule tangible net worth requirement with a otherwise publicly traded in the United
change from interested persons. parenthetical stating that if the Linked States, must not be greater than 25
Securities are fully and unconditionally percent of the company’s tangible net
I. Self-Regulatory Organization’s guaranteed by an affiliate of the worth at the time of issuance. Second,
Statement of the Terms of Substance of company, Nasdaq will rely on such a parenthetical will be added following
the Proposed Rule Change affiliate’s tangible net worth for this to say that if the Linked Securities
The Exchange proposes to amend purposes of this requirement. are fully and unconditionally
Nasdaq Rule 5710 (Securities Linked to Nasdaq Rule 5710(e) also provides an guaranteed by an affiliate of the
the Performance of Indexes and alternative listing requirement where a Company, Nasdaq will apply the
Commodities (Including Currencies)). provisions of this paragraph to such
3 See Nasdaq Rule 5710, which in defining
The text of the proposed rule change affiliate instead of the Company and
Linked Securities states that ‘‘Nasdaq will consider
is available on the Exchange’s Web site for listing and trading equity index-linked securities will include in its calculation all Linked
at http://nasdaq.cchwallstreet.com, at (‘‘Equity Index-Linked Securities’’) and commodity- Securities that are fully and
the principal office of the Exchange, and linked securities (‘‘Commodity-Linked Securities’’), unconditionally guaranteed by such
fixed income index-linked securities (‘‘Fixed affiliate. Third, as with the Arca
at the Commission’s Public Reference Income Index-Linked Securities’’), futures-linked
Room. securities (‘‘Futures-Linked Securities’’) and provision, a sentence at the end of this
multifactor index-linked securities (‘‘Multifactor listing standard will state that
II. Self-Regulatory Organization’s Index-Linked Securities’’ and, together with Equity Government issuers and supranational
Statement of the Purpose of, and Index-Linked Securities, Commodity-Linked entities will be evaluated on a case-by-
Statutory Basis for, the Proposed Rule Securities, Fixed Income Index-Linked Securities
and Futures-Linked Securities, ‘‘Linked Securities’’) case basis.
Change that in each case meet the applicable criteria of this The Exchange believes that
In its filing with the Commission, the Rule.’’ conforming Nasdaq’s listing standards
4 See Securities Exchange Act Release No. 56637
Exchange included statements to Arca’s does not impact investor
(Oct. 10, 2007), 72 FR 58704 (Oct. 16, 2007) (SR–
concerning the purpose of and basis for NYSEArca-2007–92). At the time of Arca’s initial
protections and will enhance
the proposed rule change and discussed filing, this rule was Arca Rule 5.2(j)(6)(e). competition by establishing an
any comments it received on the 5 This requirement will also apply for continued equivalent listing standard across Arca
proposed rule change. The text of these listing effective August 1, 2017. See Securities and Nasdaq for Linked Securities.
Exchange Act Release No. 79784 (Jan. 12, 2017), 82 Although Nasdaq will be deleting the
statements may be examined at the FR 6664 (Jan. 19, 2017) (SR–NASDAQ–2016–135).
earnings test, investors will not be
jstallworth on DSK7TPTVN1PROD with NOTICES
places specified in Item IV below. The 6 Nasdaq Rule 5405(b)(1)(A) requires a company
Exchange has prepared summaries, set under the ‘‘Income Standard’’ alternative for the adversely affected since a Company will
forth in sections A, B, and C below, of initial listing of a primary equity security on the still be required to have at least either
the most significant aspects of such Nasdaq Global Market to have ‘‘Annual income (i) $250 million, or (ii) $150 million in
from continuing operations before income taxes of
statements. at least $1,000,000 in the most recently completed
tangible net worth and subject to a
fiscal year or in two of the three most recently maximum issuance threshold
1 15 U.S.C. 78s(b)(1). completed fiscal years.’’
2 17 CFR 240.19b-4. 7 Id. 8 Id.
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![Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Notices 16653
business days between the hours of Dated: March 14, 2017. Order 13284 of January 23, 2003, I
10:00 a.m. and 3:00 p.m. Copies of the Rex W. Tillerson, hereby determine that the person known
filing also will be available for Secretary of State. as Anjem Choudary, also known as Abu
inspection and copying at the principal [FR Doc. 2017–06653 Filed 4–4–17; 8:45 am] Luqman, committed, or poses a
office of the Exchange. All comments BILLING CODE 4710–10–P
significant risk of committing, acts of
received will be posted without change; terrorism that threaten the security of
the Commission does not edit personal U.S. nationals or the national security,
identifying information from DEPARTMENT OF STATE foreign policy, or economy of the United
submissions. You should submit only States. Consistent with the
[Public Notice: 9945]
information that you wish to make determination in section 10 of Executive
available publicly. All submissions In the Matter of the Designation of El Order 13224 that prior notice to persons
should refer to File Number SR– Shafee Elsheikh; Also Known as Shaf; determined to be subject to the Order
NASDAQ–2017–032 and should be Also Known as Shafee; as a Specially who might have a constitutional
submitted on or before April 26, 2017. Designated Global Terrorist pursuant presence in the United States would
For the Commission, by the Division of to Section 1(b) of Executive Order render ineffectual the blocking and
Trading and Markets, pursuant to delegated 13224, as Amended other measures authorized in the Order
authority.17 because of the ability to transfer funds
Eduardo A. Aleman, Acting under the authority of and in instantaneously, I determine that no
Assistant Secretary. accordance with section 1(b) of prior notice needs to be provided to any
Executive Order 13224 of September 23, person subject to this determination
[FR Doc. 2017–06684 Filed 4–4–17; 8:45 am]
2001, as amended by Executive Order who might have a constitutional
BILLING CODE 8011–01–P
13268 of July 2, 2002, and Executive presence in the United States, because
Order 13284 of January 23, 2003, I to do so would render ineffectual the
hereby determine that the individual measures authorized in the Order.
DEPARTMENT OF STATE known as El Shafee Elsheikh, also This notice shall be published in the
[Public Notice: 9946] known as Shaf, also known as Shafee, Federal Register.
committed, or poses a significant risk of Dated: March 13, 2017.
In the Matter of the Designation of committing, acts of terrorism that Rex W. Tillerson,
Sami Bashur Bouras; Also Known as threaten the security of U.S. nationals or
Wakrici; Also Known as Khadim; as a Secretary of State.
the national security, foreign policy, or
Specially Designated Global Terrorist [FR Doc. 2017–06647 Filed 4–4–17; 8:45 am]
economy of the United States.
pursuant to Section 1(b) of Executive Consistent with the determination in BILLING CODE 4710–AD–P
Order 13224, as Amended section 10 of Executive Order 13224 that
‘‘prior notice to persons determined to
Acting under the authority of and in TENNESSEE VALLEY AUTHORITY
be subject to the Order who might have
accordance with section 1(b) of
a constitutional presence in the United
Executive Order 13224 of September 23, Production of Tritium in Commercial
States would render ineffectual the
2001, as amended by Executive Order Light Water Reactors
blocking and other measures authorized
13268 of July 2, 2002, and Executive
in the Order because of the ability to AGENCY: Tennessee Valley Authority.
Order 13284 of January 23, 2003, I
transfer funds instantaneously,’’ I ACTION: Record of decision.
hereby determine that the individual
determine that no prior notice needs to
known as Sami Bashur Bouras, also
be provided to any person subject to this SUMMARY: This notice is provided in
known as Wakrici, also known as
determination who might have a accordance with the Council on
Khadim, committed, or poses a
constitutional presence in the United Environmental Quality’s regulations and
significant risk of committing, acts of
States, because to do so would render the Tennessee Valley Authority’s (TVA)
terrorism that threaten the security of
ineffectual the measures authorized in procedures for implementing the
U.S. nationals or the national security,
the Order. National Environmental Policy Act
foreign policy, or economy of the United
This notice shall be published in the (NEPA). TVA has decided to implement
States.
Federal Register. the preferred alternative identified in
Consistent with the determination in
section 10 of Executive Order 13224 that Dated: March 13, 2017. the Final Supplemental Environmental
‘‘prior notice to persons determined to Rex W. Tillerson, Impact Statement (SEIS) for the
be subject to the Order who might have Secretary of State. Production of Tritium in a Commercial
a constitutional presence in the United [FR Doc. 2017–06651 Filed 4–4–17; 8:45 am]
Light Water Reactor, issued March 4,
States would render ineffectual the 2016, prepared by the U.S. Department
BILLING CODE 4710–10–P
blocking and other measures authorized of Energy National Nuclear Security
in the Order because of the ability to Administration (DOE/NNSA). The
transfer funds instantaneously,’’ I DEPARTMENT OF STATE decision allows for the production of
determine that no prior notice needs to tritium using TVA reactors at both the
[Public Notice: 9943] Watts Bar and Sequoyah sites in eastern
be provided to any person subject to this
determination who might have a Tennessee and continues an interagency
E.O. 13224 Designation of Anjem agreement with DOE/NNSA under The
jstallworth on DSK7TPTVN1PROD with NOTICES
constitutional presence in the United Choudary, aka Abu Luqman as a
States, because to do so would render Economy Act to provide irradiation
Specially Designated Global Terrorist services for producing tritium in TVA
ineffectual the measures authorized in
the Order. Acting under the authority of and in light water reactors.
This notice shall be published in the accordance with section 1(b) of FOR FURTHER INFORMATION CONTACT:
Federal Register. Executive Order 13224 of September 23, Matthew Higdon, Tennessee Valley
2001, as amended by Executive Order Authority, NEPA Specialist, 400 West
17 17 CFR 200.30–3(a)(12). 13268 of July 2, 2002, and Executive Summit Hill Drive (WT11D), Knoxville,
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Document Created: 2018-02-01 14:47:11
Document Modified: 2018-02-01 14:47:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 16651 |
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