Small Business Capital Formation Advisory Committee, 18620-18621 [2019-08762]
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Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 13 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(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 asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. The
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest because the Commission
approved making the Plan pilot
permanent on April 11, 2019, and
therefore the Exchange’s proposed
changes to its rules reflecting that the
Plan is now permanent should go into
effect immediately. Therefore, the
Commission hereby waives the 30-day
operative delay and designates the
proposed rule change to be operative
upon filing with the Commission.15
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 16 of the Act 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 Comments
jbell on DSK30RV082PROD with NOTICES
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSENAT–2019–10 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–NYSENAT–2019–10. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the 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–NYSENAT–2019–10 and
should be submitted on or before May
22, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–08777 Filed 4–30–19; 8:45 am]
BILLING CODE 8011–01–P
13 17
CFR 240.19b–4(f)(6).
CFR 240.19b–4(f)(6)(iii).
15 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
16 15 U.S.C. 78s(b)(2)(B).
14 17
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17 17
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CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE
COMMISSION
[Release Nos. 33–10634; 34–85721; File No.
265–32]
Small Business Capital Formation
Advisory Committee
Securities and Exchange
Commission.
ACTION: Notice of meeting.
AGENCY:
The Securities and Exchange
Commission Small Business Capital
Formation Advisory Committee,
established pursuant to Section 40 of
the Securities Exchange Act of 1934 as
added by the SEC Small Business
Advocate Act of 2016, is providing
notice that it will hold a public meeting.
The public is invited to submit written
statements to the Committee.
DATES: The meeting will be held on
Monday, May 6, 2019, from 1:00 p.m. to
3:30 p.m. (ET) and will be open to the
public. Written statements should be
received on or before May 6, 2019.
ADDRESSES: The meeting will be held at
the Commission’s headquarters, 100 F
Street NE, Washington, DC. The meeting
will be webcast on the Commission’s
website at www.sec.gov. Written
statements may be submitted by any of
the following methods:
SUMMARY:
Electronic Statements
• Use the Commission’s internet
submission form (https://www.sec.gov/
rules/other.shtml); or
• Send an email message to rulecomments@sec.gov. Please include File
Number 265–32 on the subject line; or
Paper Statements
• Send paper statements to Secretary,
Securities and Exchange Commission,
100 F Street NE, Washington, DC
20549–1090.
All submissions should refer to File No.
265–32. This file number should be
included on the subject line if email is
used. To help us process and review
your statement more efficiently, please
use only one method. The Commission
will post all statements on the SEC’s
website at www.sec.gov.
Statements also 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. All
statements received will be posted
without change; we do not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
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Federal Register / Vol. 84, No. 84 / Wednesday, May 1, 2019 / Notices
Julie
Z. Davis, Senior Special Counsel, Office
of the Advocate for Small Business
Capital Formation, at (202) 551–5407,
Securities and Exchange Commission,
100 F Street NE, Washington, DC
20549–3628.
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public.
Persons needing special
accommodations because of a disability
should notify the contact person listed
in the section above entitled FOR
FURTHER INFORMATION CONTACT. The
agenda for the meeting includes matters
relating to rules and regulations
affecting small and emerging companies
under the federal securities laws.
FOR FURTHER INFORMATION CONTACT:
Dated: April 25, 2019.
Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019–08762 Filed 4–30–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85722; File No. SR–NYSE–
2019–21]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Rules 7.11 and 80C, Limit Up-Limit
Down Plan and Trading Pauses in
Individual Securities Due to
Extraordinary Market Volatility
April 25, 2019.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on April 18,
2019, New York Stock Exchange LLC
(‘‘NYSE’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
jbell on DSK30RV082PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 7.11, Limit Up-Limit Down Plan
and Trading Pauses in Individual
Securities Due to Extraordinary Market
Volatility, and Rule 80C, Limit Up-Limit
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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Down Plan and Trading Pauses in
Individual Securities Due to
Extraordinary Market Volatility. The
proposed rule change is available on the
Exchange’s website at www.nyse.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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Participants filed the Plan to
Address Extraordinary Market Volatility
(the ‘‘Limit Up-Limit Down Plan’’ or the
‘‘Plan’’) with the Commission on April
5, 2011 to create a market-wide limit uplimit down mechanism intended to
address extraordinary market volatility
in NMS Stocks,4 as defined in Rule
600(b)(47) of Regulation NMS under the
Exchange Act.5 The Plan sets forth
procedures that provide for market-wide
limit up-limit down requirements to
prevent trades in individual NMS
Stocks from occurring outside of the
specified Price Bands. These limit uplimit down requirements are coupled
with Trading Pauses, as defined in
Section I(Y) of the Plan, to
accommodate more fundamental price
moves. In particular, the Participants
adopted this Plan to address
extraordinary volatility in the securities
markets, i.e., significant fluctuations in
individual securities’ prices over a short
period of time, such as those
experienced during the ‘‘Flash Crash’’
on the afternoon of May 6, 2010.
The Plan was originally approved on
a pilot basis to allow the public, the
Participants, and the Commission to
assess the operation of the Plan and
4 On May 31, 2012, the Commission approved the
Plan, as modified by Amendment No. 1. See
Securities Exchange Act Release No. 67091, 77 FR
33498 (June 6, 2012) (File No. 4–631) (‘‘Approval
Order’’).
5 17 CFR 242.600(b)(47).
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18621
whether the Plan should be modified
prior to consideration of approval on a
permanent basis.6 The Commission
recently approved an amendment to the
Plan to allow the Plan to operate on a
permanent basis.7
Rules 7.11 and 80C are designed to
comply with the Plan’s requirement that
exchanges establish, maintain, and
enforce written policies and procedures
that are reasonably designed to comply
with the limit up-limit down and
trading pause requirements specified in
the Plan.8 In sum, Rules 7.11 and 80C
provide that the Exchange will not
display or execute trading interest
outside the Price Bands as required by
the limit up-limit down and trading
pause requirements specified in the
Plan. Rules 7.11 and 80C are designed
to ensure that trading interest on the
Exchange is either repriced or canceled
in a manner consistent with the Plan.
Rules 7.11 and 80C currently include
a provision that ties each Rules’
effectiveness to the pilot period for the
Plan, including any extensions to the
pilot period for the Plan. The Exchange
proposes to amend Rules 7.11 and 80C
to delete this provision because the Plan
has been made permanent and is no
longer operating as a pilot program. The
Exchange does not propose any
additional changes to Rules 7.11 and
80C. The proposed rule change would
continue to align the effectiveness of
Rules 7.11 and 80C to the Plan and
ensure that the Exchange maintains
written policies and procedures that are
reasonably designed to comply with the
limit up-limit down and trading pause
requirements specified in the Plan.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the
requirements of Section 6(b) of the Act,9
in general, and Section 6(b)(5) of the
Act,10 in particular, in that it is designed
to remove impediments to and perfect
the mechanism of a free and open
market and a national market system, to
promote just and equitable principles of
trade, and, in general, to protect
investors and the public interest and not
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
Rules 7.11 and 80C comply with the
Plan’s requirement that exchanges
6 See
supra note 4.
Securities Exchange Act Release No. 85623
(April 11, 2019), 84 FR 16086 (April 17, 2019) (File
No. 4–631).
8 See Securities Exchange Act Release Nos. 68876
(February 8, 2013), 78 FR 10643 (February 14, 2013)
(SR–NYSE–2013–09); and 83289 (March 26, 2018),
83 FR 13553 (March 29, 2018) (SR–NYSE–2017–36).
9 15 U.S.C. § 78f(b).
10 15 U.S.C. § 78f(b)(5).
7 See
E:\FR\FM\01MYN1.SGM
01MYN1
Agencies
[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18620-18621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08762]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release Nos. 33-10634; 34-85721; File No. 265-32]
Small Business Capital Formation Advisory Committee
AGENCY: Securities and Exchange Commission.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission Small Business Capital
Formation Advisory Committee, established pursuant to Section 40 of the
Securities Exchange Act of 1934 as added by the SEC Small Business
Advocate Act of 2016, is providing notice that it will hold a public
meeting. The public is invited to submit written statements to the
Committee.
DATES: The meeting will be held on Monday, May 6, 2019, from 1:00 p.m.
to 3:30 p.m. (ET) and will be open to the public. Written statements
should be received on or before May 6, 2019.
ADDRESSES: The meeting will be held at the Commission's headquarters,
100 F Street NE, Washington, DC. The meeting will be webcast on the
Commission's website at www.sec.gov. Written statements may be
submitted by any of the following methods:
Electronic Statements
Use the Commission's internet submission form (https://www.sec.gov/rules/other.shtml); or
Send an email message to [email protected]. Please
include File Number 265-32 on the subject line; or
Paper Statements
Send paper statements to Secretary, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File No. 265-32. This file number
should be included on the subject line if email is used. To help us
process and review your statement more efficiently, please use only one
method. The Commission will post all statements on the SEC's website at
www.sec.gov.
Statements also 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. All statements received will be posted without change; we do
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
[[Page 18621]]
FOR FURTHER INFORMATION CONTACT: Julie Z. Davis, Senior Special
Counsel, Office of the Advocate for Small Business Capital Formation,
at (202) 551-5407, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-3628.
SUPPLEMENTARY INFORMATION: The meeting will be open to the public.
Persons needing special accommodations because of a disability should
notify the contact person listed in the section above entitled FOR
FURTHER INFORMATION CONTACT. The agenda for the meeting includes
matters relating to rules and regulations affecting small and emerging
companies under the federal securities laws.
Dated: April 25, 2019.
Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019-08762 Filed 4-30-19; 8:45 am]
BILLING CODE 8011-01-P