Advisory Committee on Small and Emerging Companies, 57769-57770 [2011-23731]

Download as PDF Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Notices Commission’s Web site, if provided in electronic format or amenable to conversion, and not subject to a valid protective order. Information on how to use the Commission’s Web site is available online or by contacting the Commission’s webmaster via telephone at 202–789–6873 or via electronic mail at prc-webmaster@prc.gov. The appeal and all related documents are also available for public inspection in the Commission’s docket section. Docket section hours are 8 a.m. to 4:30 p.m., eastern time, Monday through Friday, except on Federal government holidays. Docket section personnel may be contacted via electronic mail at prcdockets@prc.gov or via telephone at 202–789–6846. Filing of documents. All filings of documents in this case shall be made using the Internet (Filing Online) pursuant to Commission rules 9(a) and 10(a) at the Commission’s Web site, http://www.prc.gov, unless a waiver is obtained. See 39 CFR 3001.9(a) and 3001.10(a). Instructions for obtaining an account to file documents online may be found on the Commission’s Web site or by contacting the Commission’s docket section at prc-dockets@prc.gov or via telephone at 202–789–6846. The Commission reserves the right to redact personal information which may infringe on an individual’s privacy rights from documents filed in this proceeding. Intervention. Persons, other than Petitioners and respondent, wishing to be heard in this matter are directed to file a notice of intervention. See 39 CFR 3001.111(b). Notices of intervention in this case are to be filed on or before October 4, 2011. A notice of intervention shall be filed using the Internet (Filing Online) at the Commission’s Web site unless a waiver is obtained for hardcopy filing. See 39 CFR 3001.9(a) and 3001.10(a). Further procedures. By statute, the Commission is required to issue its decision within 120 days from the date it receives the appeal. See 39 U.S.C. 404(d)(5). A procedural schedule has been developed to accommodate this statutory deadline. In the interest of expedition, in light of the 120-day decision schedule, the Commission may 57769 request the Postal Service or other participants to submit information or memoranda of law on any appropriate issue. As required by the Commission rules, if any motions are filed, responses are due 7 days after any such motion is filed. See 39 CFR 3001.21. It is ordered: 1. The Postal Service shall file the applicable administrative record regarding this appeal no later than September 21, 2011. 2. Any responsive pleading by the Postal Service to this notice is due no later than September 21, 2011. 3. The procedural schedule listed below is hereby adopted. 4. Pursuant to 39 U.S.C. 505, Jeremy Simmons is designated officer of the Commission (Public Representative) to represent the interests of the general public. 5. The Secretary shall arrange for publication of this notice and order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. PROCEDURAL SCHEDULE September 6, 2011 ............................................................ September 21, 2011 .......................................................... September 21, 2011 .......................................................... October 4, 2011 ................................................................. October 11, 2011 ............................................................... October 31, 2011 ............................................................... November 15, 2011 ........................................................... November 22, 2011 ........................................................... December 27, 2011 ........................................................... Advisory Committee on Small and Emerging Companies. ADDRESSES: Written comments may be submitted by the following methods: [FR Doc. 2011–23717 Filed 9–15–11; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION [Release Nos. 33–9258; 34–65322; File No. 265–27] mstockstill on DSK4VPTVN1PROD with NOTICES Advisory Committee on Small and Emerging Companies Securities and Exchange Commission. ACTION: Notice of Federal Advisory Committee Establishment. AGENCY: The Securities and Exchange Commission intends to establish the Securities and Exchange Commission SUMMARY: VerDate Mar<15>2010 16:26 Sep 15, 2011 Jkt 223001 Filing of Appeal. Deadline for the Postal Service to file the applicable administrative record in this appeal. Deadline for the Postal Service to file any responsive pleading. Deadline for notices to intervene (see 39 CFR 3001.111(b)). Deadline for Petitioners’ Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). Electronic Comments • Use the Commission’s Internet submission form (http://www.sec.gov/ rules/other.shtml); or • Send an e-mail message to rulecomments@sec.gov, including File No. X–XXX on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File No. 265–27. To help us process and review PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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/other.shtml). Comments also 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 business days between the hours of 10 a.m. and 3 p.m. All comments received will be posted without change; we do not edit personal identifying information from your submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: Johanna V. Losert, Special Counsel, or Gerald J. Laporte, Office Chief, Office of E:\FR\FM\16SEN1.SGM 16SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 57770 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Notices Small Business Policy, Securities and Exchange Commission, 100 F Street, NE., Washington DC 20549–3628, (202) 551–3460. SUPPLEMENTARY INFORMATION: In accordance with the requirements of the Federal Advisory Committee Act, 5 U.S.C.—App., the Commission is publishing this notice that the Chairman of the Commission, with the concurrence of the other Commissioners, intends to establish the Securities and Exchange Commission Advisory Committee on Small and Emerging Companies (the ‘‘Committee’’). The Committee’s objective is to provide the Commission with advice on its rules, regulations, and policies, with regard to its mission of protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation, as they relate to the following: (1) Capital raising by emerging privately-held small businesses (‘‘emerging companies’’) and publicly traded companies with less than $250 million in public market capitalization (‘‘smaller public companies’’) through securities offerings, including private and limited offerings and initial and other public offerings; (2) Trading in the securities of emerging companies and smaller public companies; and (3) Public reporting and corporate governance requirements of emerging companies and smaller public companies. Up to 20 voting members will be appointed to the Committee who can effectively represent those directly affected by, interested in, and/or qualified to provide advice to the Commission on its rules, regulations, and policies as set forth above. The Committee’s membership will be balanced fairly in terms of points of view represented and functions to be performed. Non-voting observers for the committee from the North American Securities Administrators Association and the Small Business Administration may also be named. The Committee may be established 15 days after publication of this notice in the Federal Register by filing a charter for the Committee with the Committee on Banking, Housing, and Urban Affairs of the United States Senate and the Committee on Financial Services of the United States House of Representatives. A copy of the charter as so filed also will be filed with the Chairman of the Commission, furnished to the Library of Congress, and posted on the Commission’s Web site at http:// www.sec.gov. An undated copy of the VerDate Mar<15>2010 16:26 Sep 15, 2011 Jkt 223001 charter is now available at http:// www.faca.gov. The Committee will operate for two years from the date it is established or such earlier date as determined by the Commission unless, before the expiration of that time period, its charter is re-established or renewed in accordance with the Federal Advisory Committee Act. The Committee will meet at such intervals as are necessary to carry out its functions. The charter contemplates that the full Committee will meet three times annually. Meetings of subgroups or subcommittees of the full Committee may occur more frequently. The charter will provide that the duties of the Committee are to be solely advisory. The Commission alone will make any determinations of action to be taken and policy to be expressed with respect to matters within the Commission’s authority as to which the Committee provides advice or makes recommendations. The Chairman of the Commission affirms that the establishment of the Committee is necessary and in the public interest. By the Commission. Dated: September 12, 2011. Elizabeth M. Murphy, Secretary. [FR Doc. 2011–23731 Filed 9–15–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [SEC File No. 270–86; OMB Control No. 3235–0080] Proposed Collection; Comment Request Upon Written Request, Copies Available From: U.S. Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 12d2–2, Form 25. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collections of information summarized below. The Commission plans to submit these existing collections of information to the Office of Management and Budget for extension and approval for Rule 12d2– 2 (17 CFR 240.12d2–2) and Form 25 (17 CFR 249.25) Removal and Notification of Removal from Listing and/or Registration. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 On February 12, 1935, the Commission adopted Rule 12d2–2,1 and Form 25 under the Securities Exchange Act of 1934 (15 U.S.C. 78b et seq.) (‘‘Act’’), to establish the conditions and procedures under which a security may be delisted from an exchange and withdrawn from registration under Section 12(b) of the Act.2 The Commission adopted amendments to Rule 12d2–2 and Form 25 in 2005.3 Under the amended Rule 12d2–2, all issuers and national securities exchanges seeking to delist and deregister a security in accordance with the rules of an exchange must file the adopted version of Form 25 with the Commission. The Commission also adopted amendments to Rule 19d–1 under the Act to require exchanges to file the adopted version of Form 25 as notice to the Commission under Section 19(d) of the Act. Finally, the Commission adopted amendments to exempt options and security futures from Section 12(d) of the Act. These amendments are intended to simplify the paperwork and procedure associated with a delisting and to unify general rules and procedures relating to the delisting process. The Form 25 is useful because it informs the Commission that a security previously traded on an exchange is no longer traded. In addition, the Form 25 enables the Commission to verify that the delisting and/or deregistration has occurred in accordance with the rules of the exchange. Further, the Form 25 helps to focus the attention of delisting issuers to make sure that they abide by the proper procedural and notice requirements associated with a delisting and/or a deregistration. Without Rule 12d2–2 and the Form 25, as applicable, the Commission would be unable to fulfill its statutory responsibilities. There are 15 national securities exchanges that trade equity securities that will be respondents subject to Rule 12d2–2 and Form 25.4 The burden of complying with Rule 12d2–2 and Form 25 is not evenly distributed among the exchanges, however, since there are many more securities listed on the New York Stock Exchange, the NASDAQ Stock Market, and NYSE Amex than on the other exchanges. However, for purposes of this filing, the Commission staff has assumed that the number of 1 See Securities Exchange Act Release No. 98 (February 12, 1935). 2 See Securities Exchange Act Release No. 7011 (February 5, 1963), 28 FR 1506 (February 16, 1963). 3 See Securities Exchange Act Release No. 52029 (July 14, 2005), 70 FR 42456 (July 22, 2005). 4 The staff notes that there are additional national securities exchanges that only trade standardized options which are exempt from Rule 12d2–2. E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Pages 57769-57770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23731]


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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-9258; 34-65322; File No. 265-27]


Advisory Committee on Small and Emerging Companies

AGENCY: Securities and Exchange Commission.

ACTION: Notice of Federal Advisory Committee Establishment.

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SUMMARY: The Securities and Exchange Commission intends to establish 
the Securities and Exchange Commission Advisory Committee on Small and 
Emerging Companies.

ADDRESSES: Written comments may be submitted by the following methods:

Electronic Comments

     Use the Commission's Internet submission form (http://www.sec.gov/rules/other.shtml); or
     Send an e-mail message to rule-comments@sec.gov, including 
File No. X-XXX on the subject line.

Paper Comments

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

All submissions should refer to File No. 265-27. To help us 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/other.shtml). Comments also 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 business 
days between the hours of 10 a.m. and 3 p.m. All comments received will 
be posted without change; we do not edit personal identifying 
information from your submissions. You should submit only information 
that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Johanna V. Losert, Special Counsel, or 
Gerald J. Laporte, Office Chief, Office of

[[Page 57770]]

Small Business Policy, Securities and Exchange Commission, 100 F 
Street, NE., Washington DC 20549-3628, (202) 551-3460.

SUPPLEMENTARY INFORMATION: In accordance with the requirements of the 
Federal Advisory Committee Act, 5 U.S.C.--App., the Commission is 
publishing this notice that the Chairman of the Commission, with the 
concurrence of the other Commissioners, intends to establish the 
Securities and Exchange Commission Advisory Committee on Small and 
Emerging Companies (the ``Committee''). The Committee's objective is to 
provide the Commission with advice on its rules, regulations, and 
policies, with regard to its mission of protecting investors, 
maintaining fair, orderly, and efficient markets, and facilitating 
capital formation, as they relate to the following:
    (1) Capital raising by emerging privately-held small businesses 
(``emerging companies'') and publicly traded companies with less than 
$250 million in public market capitalization (``smaller public 
companies'') through securities offerings, including private and 
limited offerings and initial and other public offerings;
    (2) Trading in the securities of emerging companies and smaller 
public companies; and
    (3) Public reporting and corporate governance requirements of 
emerging companies and smaller public companies.
    Up to 20 voting members will be appointed to the Committee who can 
effectively represent those directly affected by, interested in, and/or 
qualified to provide advice to the Commission on its rules, 
regulations, and policies as set forth above. The Committee's 
membership will be balanced fairly in terms of points of view 
represented and functions to be performed. Non-voting observers for the 
committee from the North American Securities Administrators Association 
and the Small Business Administration may also be named.
    The Committee may be established 15 days after publication of this 
notice in the Federal Register by filing a charter for the Committee 
with the Committee on Banking, Housing, and Urban Affairs of the United 
States Senate and the Committee on Financial Services of the United 
States House of Representatives. A copy of the charter as so filed also 
will be filed with the Chairman of the Commission, furnished to the 
Library of Congress, and posted on the Commission's Web site at http://www.sec.gov. An undated copy of the charter is now available at http://www.faca.gov.
    The Committee will operate for two years from the date it is 
established or such earlier date as determined by the Commission 
unless, before the expiration of that time period, its charter is re-
established or renewed in accordance with the Federal Advisory 
Committee Act.
    The Committee will meet at such intervals as are necessary to carry 
out its functions. The charter contemplates that the full Committee 
will meet three times annually. Meetings of subgroups or subcommittees 
of the full Committee may occur more frequently.
    The charter will provide that the duties of the Committee are to be 
solely advisory. The Commission alone will make any determinations of 
action to be taken and policy to be expressed with respect to matters 
within the Commission's authority as to which the Committee provides 
advice or makes recommendations. The Chairman of the Commission affirms 
that the establishment of the Committee is necessary and in the public 
interest.

    By the Commission.

    Dated: September 12, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23731 Filed 9-15-11; 8:45 am]
BILLING CODE 8011-01-P