Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.11E, Limit Up-Limit Down Plan and Trading Pauses in Individual Securities Due to Extraordinary Market Volatility, 18911-18913 [2019-08918]
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Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
the liquidation were paid by Fidelity
Investments Institutional Operations
Company, Inc.
Filing Dates: The application was
filed on November 30, 2018, and
amended on April 18, 2019.
Applicant’s Address: Fidelity
Distributors Corporation, 900 Salem
Street, Smithfield, Rhode Island 02917.
Multisector Income Portfolio [File No.
811–22786]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On June 22, 2018,
applicant made liquidating distributions
to its shareholders based on net asset
value. No expenses were incurred in
connection with the liquidation.
Filing Dates: The application was
filed on February 21, 2019, and
amended on April 2, 2019.
Applicant’s Address: Two
International Place, Boston,
Massachusetts 02110.
SMID-Cap Portfolio [File No. 811–
10609]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On May 18, 2018,
applicant made liquidating distributions
to its shareholders based on net asset
value. No expenses were incurred in
connection with the liquidation.
Filing Dates: The application was
filed on February 21, 2019, and
amended on April 12, 2019.
Applicant’s Address: Two
International Place, Boston,
Massachusetts 02110.
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Tax-Managed Global Small-Cap
Portfolio [File No. 811–10599]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On January 19,
2018, applicant made liquidating
distributions to its shareholders based
on net asset value. No expenses were
incurred in connection with the
liquidation.
Filing Dates: The application was
filed on March 5, 2019, and amended on
April 5, 2019.
Applicant’s Address: Two
International Place, Boston,
Massachusetts 02110.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–08885 Filed 5–1–19; 8:45 am]
BILLING CODE 8011–01–P
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85731; File No. SR–
NYSEAMER–2019–16]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Rule 7.11E,
Limit Up-Limit Down Plan and Trading
Pauses in Individual Securities Due to
Extraordinary Market Volatility
April 26, 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, NYSE American LLC (‘‘NYSE
American’’ 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Rule 7.11E, Limit Up-Limit 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.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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18911
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
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
Rule 7.11E is 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, Rule 7.11E provides 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. Rule 7.11E is
designed to ensure that trading interest
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).
6 See supra note 4.
7 See 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 No. 68875
(February 8, 2013), 78 FR 10678 (February 14, 2013)
(SR–NYSEMKT–2013–05).
E:\FR\FM\02MYN1.SGM
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18912
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
on the Exchange is either repriced or
canceled in a manner consistent with
the Plan.
Rule 7.11E currently includes a
provision that ties the Rule’s
effectiveness to the pilot period for the
Plan, including any extensions to the
pilot period for the Plan. The Exchange
proposes to amend Rule 7.11E 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 Rule 7.11E. The
proposed rule change would continue to
align the effectiveness of Rule 7.11E 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.
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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.
Rule 7.11E complies with the Plan’s
requirement that exchanges establish,
maintain, and enforce written policies
and procedures that are reasonably
designed to comply with the limit uplimit down and trading pause
requirements specified in the Plan. The
Exchange believes that the proposed
rule change promotes just and equitable
principles of trade because it would
continue to align the effectiveness of
Rule 7.11E to the Plan, without any
changes. The proposed rule change
would also ensure that the Exchange
continues to maintain transparent
written policies and procedures
reasonably designed to comply with the
limit up-limit down and trading pause
requirements specified in the Plan.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change would impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The proposal
would remove a provision from Rule
7.11E that ties its effectiveness to the
9 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
10 15
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18:51 May 01, 2019
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pilot period for the Plan that was
recently approved on a permanent basis.
The proposal would continue to ensure
that the Exchange continues to maintain
written policies and procedures
reasonably designed to comply with the
Plan without implicating any
competitive issues.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 11 and Rule
19b–4(f)(6) thereunder.12 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
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
11 15
U.S.C. 78s(b)(3)(A)(iii).
12 17 CFR 240.19b–4(f)(6).
13 17 CFR 240.19b–4(f)(6).
14 17 CFR 240.19b–4(f)(6)(iii).
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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
• 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–
NYSEAMER–2019–16 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–NYSEAMER–2019–16. 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
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).
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Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
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–NYSEAMER–2019–16 and
should be submitted on or before May
23, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–08918 Filed 5–1–19; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No: SSA–2019–0014]
Agency Information Collection
Activities: Proposed Request
The Social Security Administration
(SSA) publishes a list of information
The information collections below are
pending at SSA. SSA will submit them
to OMB within 60 days from the date of
this notice. To be sure we consider your
comments, we must receive them no
later than July 1, 2019. Individuals can
obtain copies of the collection
instruments by writing to the above
email address.
1. Real Property Current Market Value
Estimate—0960–0471. SSA considers an
individual’s resources when evaluating
eligibility for Supplemental Security
Income (SSI) payments. The value of an
individual’s resources, including nonhome real property, is one of the
eligibility requirements for SSI
payments. SSA obtains current market
value estimates of the claimant’s real
property through Form SSA–L2794. We
allow respondents to use readily
available records to complete the form,
or we can accept their best estimates.
We use this form as part of initial
applications and in post-entitlement
situations. The respondents are small
business operators in real estate; state
and local government employees tasked
with assessing real property values; and
other individuals knowledgeable about
local real estate values.
Type of Request: Revision of an OMBapproved information collection.
Modality of completion
Number of
respondents
Frequency of
response
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
SSA–L2794 ......................................................................................................
300
1
20
100
2. Child Care Dropout
Questionnaire—20 CFR 404.211(e)(4)—
0960–0474. If individuals applying for
Title II disability benefits care for their
own or their spouse’s children under
age 3, and have no steady earnings
khammond on DSKBBV9HB2PROD with NOTICES
collection packages requiring clearance
by the Office of Management and
Budget (OMB) in compliance with
Public Law 104–13, the Paperwork
Reduction Act of 1995, effective October
1, 1995. This notice includes revisions
of OMB-approved information
collections.
SSA is soliciting comments on the
accuracy of the agency’s burden
estimate; the need for the information;
its practical utility; ways to enhance its
quality, utility, and clarity; and ways to
minimize burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Mail, email, or
fax your comments and
recommendations on the information
collection(s) to the OMB Desk Officer
and SSA Reports Clearance Officer at
the following addresses or fax numbers.
(OMB) Office of Management and
Budget, Attn: Desk Officer for SSA,
Fax: 202–395–6974, Email address:
OIRA_Submission@omb.eop.gov
(SSA) Social Security Administration,
OLCA, Attn: Reports Clearance
Director, 3100 West High Rise, 6401
Security Blvd., Baltimore, MD 21235,
Fax: 410–966–2830, Email address:
OR.Reports.Clearance@ssa.gov
Or you may submit your comments
online through www.regulations.gov,
referencing Docket ID Number [SSA–
2019–0014].
during the time they care for those
children, they may exclude that period
of care from the disability computation
period. We call this the child-care
dropout exclusion. SSA uses the
information from Form SSA–4162 to
determine if an individual qualifies for
this exclusion. Respondents are
applicants for Title II disability benefits.
Type of Request: Revision of an OMBapproved information collection.
Modality of completion
Number of
respondents
Frequency of
response
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
SSA–4162 ........................................................................................................
2,000
1
5
167
3. Medical Report on Adult with
Allegation of Human Immunodeficiency
Virus Infection; Medical Report on Child
with Allegation of Human
Immunodeficiency Virus Infection—20
CFR 416.933–20 CFR 416.934—0960–
0500. Section 1631(e)(i) of the Social
17 17
Security Act (Act) authorizes the
Commissioner of SSA to gather
information to make a determination
about an applicant’s claim for SSI
payments; this procedure is the
Presumptive Disability (PD). SSA uses
Forms SSA–4814–F5 and SSA–4815–F6
to collect information necessary to
determine if an individual with human
immunodeficiency virus infection, who
is applying for SSI disability benefits,
meets the requirements for PD. The
respondents are the medical sources of
CFR 200.30–3(a)(12).
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]]>Agencies
[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18911-18913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08918]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85731; File No. SR-NYSEAMER-2019-16]
Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 7.11E, Limit Up-Limit Down Plan and Trading Pauses in Individual
Securities Due to Extraordinary Market Volatility
April 26, 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, NYSE American LLC (``NYSE American'' 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 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 Rule 7.11E, Limit Up-Limit 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 up-limit 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 up-limit 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 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\
---------------------------------------------------------------------------
\6\ See supra note 4.
\7\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (File No. 4-631).
---------------------------------------------------------------------------
Rule 7.11E is 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, Rule 7.11E provides 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. Rule
7.11E is designed to ensure that trading interest
[[Page 18912]]
on the Exchange is either repriced or canceled in a manner consistent
with the Plan.
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release No. 68875 (February 8,
2013), 78 FR 10678 (February 14, 2013) (SR-NYSEMKT-2013-05).
---------------------------------------------------------------------------
Rule 7.11E currently includes a provision that ties the Rule's
effectiveness to the pilot period for the Plan, including any
extensions to the pilot period for the Plan. The Exchange proposes to
amend Rule 7.11E 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 Rule 7.11E. The
proposed rule change would continue to align the effectiveness of Rule
7.11E 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. Rule 7.11E complies 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. The
Exchange believes that the proposed rule change promotes just and
equitable principles of trade because it would continue to align the
effectiveness of Rule 7.11E to the Plan, without any changes. The
proposed rule change would also ensure that the Exchange continues to
maintain transparent written policies and procedures reasonably
designed to comply with the limit up-limit down and trading pause
requirements specified in the Plan.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposal would remove a
provision from Rule 7.11E that ties its effectiveness to the pilot
period for the Plan that was recently approved on a permanent basis.
The proposal would continue to ensure that the Exchange continues to
maintain written policies and procedures reasonably designed to comply
with the Plan without implicating any competitive issues.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
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.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A)(iii).
\12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
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\
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\13\ 17 CFR 240.19b-4(f)(6).
\14\ 17 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).
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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.
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\16\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2019-16 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-NYSEAMER-2019-16. 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
[[Page 18913]]
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-NYSEAMER-2019-16 and should
be submitted on or before May 23, 2019.
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\17\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-08918 Filed 5-1-19; 8:45 am]
BILLING CODE 8011-01-P
