[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33584-33585]
[FR Doc No: 2015-14277]

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DEPARTMENT OF TRANSPORTATION [4910-EX-P]

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0283]

Hours of Service of Drivers: Agricultural and Food Transporters
Conference (AFTC); Granting of Renewal of Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA announces its decision to renew an exemption from the
30-minute rest break provision of the Agency's hours-of-service (HOS)
regulations for commercial motor vehicle (CMV) drivers transporting
livestock. The Agricultural and Food Transporters Conference (AFTC) of
the American Trucking Associations (ATA) requested that the exemption,
granted on behalf of several associations of agricultural transporters,
be renewed to enable these drivers to continue to safeguard the health
of certain livestock during long-haul deliveries by not having to take
the rest break. The Agency has determined that it is appropriate to
renew this exemption for a period of two years to ensure the well-being
of the Nation's livestock during interstate transportation by CMV. The
exemption, subject to the terms and conditions imposed, will likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption.

DATES: This exemption is effective June 12, 2015, through June 12,
2017. Comments must be received on or before July 13, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2013-0283 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The online FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we received
your comments, please include a self-addressed, stamped envelope or
postcard or print the acknowledgment page that appears after submitting
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and
determines whether granting or renewal of the exemption would likely
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by the current regulation (49 CFR 381.305). The
decision of the Agency must be published in the Federal Register (49
CFR 381.315(b)) with the reason for the grant or denial, and, if
granted, the specific person or class of persons receiving the
exemption, and the regulatory provision or provisions from which
exemption is granted. The notice must also specify the effective period
of the exemption (up to 2 years), and explain the terms and conditions
of the exemption. The exemption may be renewed (49 CFR 381.300(b)).

Background

    On December 27, 2011, FMCSA published a final rule amending its HOS
regulations for drivers of property-carrying CMVs. The final rule
included a provision requiring drivers to take a rest break during the
workday under certain circumstances. Drivers may drive a CMV only if a
period of 8 hours or less has passed since the end of their last off-
duty or sleeper-berth period of at least 30 minutes. FMCSA did not
specify when drivers must take the minimum 30-minute break, but the
rule requires that they wait no longer than 8 hours after the last off-
duty or sleeper-berth period of that length or longer to take the
break. This new requirement, as amended by a subsequent decision of the
United States Court of Appeals for the DC Circuit,\1\ is codified at 49
CFR 395.3(a)(3)(ii).
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    \1\ American Trucking Associations, Inc., v. Federal Motor
Carrier Safety Administration, 724 F.3d 243 (D.C. Cir. 2013).
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Exemption

    On June 19, 2013, the National Pork Producers Council (NPPC) on
behalf of itself and 12 trade associations, including ATA's
Agricultural and Food Transporters Conference, requested a limited two-
year exemption from the rest-break requirement for drivers of CMVs
engaged in the transportation of livestock. A copy of the request is
included in the docket referenced at the beginning of this notice.
    The NPPC stated that complying with the 30-minute rest break rule
would cause livestock producers and their drivers irreparable harm,
place the health and welfare of the livestock at risk, and provide no
apparent benefit to public safety, while forcing the livestock industry
and its drivers to choose

between the humane handling of animals or compliance with the rule.
    FMCSA analyzed the request and on June 11, 2014, granted, subject
to specific terms and conditions, an exemption from the rest break
requirement for drivers transporting livestock. The term of the
exemption ends on June 11, 2015. The exemption period was limited to
one year in order to gather additional data about the highway safety of
operations under the exemption. Carriers utilizing the exemption were
required to report any accidents, as defined in 49 CFR 390.5, to FMCSA.
As of May 1, 2015, no accidents had been reported.

Population of Drivers and Carriers Engaged in Livestock Transportation

    As of May 13, 2015, FMCSA's Motor Carrier Management Information
System (MCMIS) listed 65,872 motor carriers that identified livestock
as a type (though not necessarily the only type) of cargo they
transport. These carriers operate 220,481 vehicles. The carriers employ
277,782 drivers, but approximately 145,000 drivers qualify as ``short-
haul'' drivers and thus are exempt from the 30-minute break
requirement. Therefore, fewer than 135,000 CMV drivers could utilize
this exemption.
    Data in the docket show that the temperature inside a stopped
livestock trailer can rise rapidly during hot summer days, and can drop
rapidly on winter days, especially in windy conditions. Substandard
transportation of livestock elevates the risk that the food derived
therefrom may be unsafe for human consumption. Industry guidelines
describe stops of up to 30 minutes as problematic for many animals,
even in favorable weather, and encourage drivers of livestock to keep
the CMV moving ``if at all possible.'' Livestock drivers take breaks,
but generally of much shorter duration than 30 minutes.
    As noted below, carriers utilizing the exemption are required to
report any accidents, as defined in 49 CFR 390.5, to FMCSA. Since the
granting of this exemption on June 11, 2014, the FMCSA has not received
any such reports.

FMCSA Determination

    In consideration of the above, FMCSA has determined that it is
appropriate to renew this exemption from the 30-minute break
requirement for a period of two years, subject to the following terms
and conditions:

Extent of the Exemption

    This exemption is limited to drivers engaged in the interstate
transportation of livestock by CMV. The exemption from the 30-minute
rest-break requirement is applicable during the transportation of
livestock and does not cover the operation of the CMVs after the
livestock are unloaded from the vehicle.
    This exemption is only available to drivers transporting livestock
as defined in the Emergency Livestock Feed Assistance Act of 1988, as
amended (the 1988 Act) [7 U.S.C. 1471(2)]. The term ``livestock'' as
used in this exemption means ``cattle, elk, reindeer, bison, horses,
deer, sheep, goats, swine, poultry (including egg-producing poultry),
fish used for food, and other animals designated by the Secretary [of
Agriculture] that (A) are part of a foundation herd (including dairy
producing cattle) or offspring; or (B) are purchased as part of a
normal operation and not to obtain additional benefits under [the 1988
Act].'' The exemption is further limited to motor carriers that have a
``satisfactory'' safety rating or are ``unrated''; motor carriers with
``conditional'' or ``unsatisfactory'' safety ratings are prohibited
from utilizing this exemption.

Accident Reporting

    Motor carriers must notify FMCSA by email addressed to
<EMAIL_ADDRESS>with 5 business days of any accident (as defined in 49
CFR 390.5) that occurs while its driver is operating under the terms of
this exemption. The notification must include:
    a. Name of the motor carrier and USDOT number,
    b. Date of the accident,
    c. City or town, and State, in which the accident occurred, or
closest to the accident scene,
    d. Driver's name and license number,
    e. Vehicle number and state license number,
    f. Number of individuals suffering physical injury,
    g. Number of fatalities,
    h. The police-reported cause of the accident,
    i. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
    j. The total driving time and total on-duty time prior to the
accident.

Period of the Exemption

    This exemption from the 30-minute break requirement [49 CFR
395.3(a)(3)(ii)] is effective during the period June 12, 2015, through
June 12, 2017, unless withdrawn or restricted sooner.

Safety Oversight of Carriers Operating Under the Exemption

    FMCSA expects each motor carrier operating under the terms and
conditions of this exemption to maintain its safety record. However,
should safety deteriorate or credible and substantial public comment in
opposition to the exemption be received, FMCSA will, consistent with
the statutory requirements of 49 U.S.C. 31315, take all steps necessary
to protect the public interest. Authorization of the exemption is
discretionary, and FMCSA will immediately revoke the exemption of any
motor carrier or driver for failure to comply with the terms and
conditions of the exemption.

Preemption

    During the period the exemption is in effect, no State may enforce
any law or regulation that conflicts with or is inconsistent with this
exemption with respect to a person or entity operating under the
exemption [49 U.S.C. 31315(d)].

    Issued on: June 4, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-14277 Filed 6-11-15; 8:45 am]
BILLING CODE 4910-EXP


[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Notices]
[Pages 17224-17226]
[FR Doc No: 2019-08205]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85687; File No. SR-NASDAQ-2019-017]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Proposed Rule Change To Adopt Additional
Requirements for Listings in Connection With an Offering Under
Regulation A of the Securities Act

April 18, 2019.
    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 April 5, 2019, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt an additional listing requirement
for companies listing in connection with an offering under Regulation A
\3\ under the Securities Act of 1933 (``Securities Act'').\4\
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    \3\ 17 CFR 230.251-230.263.
    \4\ 15 U.S.C. 77a et seq.
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    The text of the proposed rule change is set forth below. Proposed
new language is in italics.
* * * * *
    The Nasdaq Stock Market Rules
* * * * *
5210. Prerequisites for Applying to List on The Nasdaq Stock Market
    All Companies applying to list on The Nasdaq Stock Market must meet
the following prerequisites:
    (a)-(i) No change.
    (j) Regulation A Offerings
    Any Company listing on Nasdaq in connection with an offering under
Regulation A of the Securities Act of 1933 must, at the time of
approval of its initial listing application, have a minimum operating
history of two years.
* * * * *
    The text of the proposed rule change is available on the Exchange's
website 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 is proposing to adopt a new initial listing
requirement that would require a company applying to list on the
Exchange in connection with an offering under Regulation A of the
Securities Act to have a minimum operating history of two years at the
time of approval of its initial listing application. Regulation A was
amended in 2015 to implement provisions of the Jumpstart Our Business
Startups Act \5\ and to reflect the desire of Congress and

the SEC to facilitate smaller companies' access to capital and provide
investors with more investment choices.\6\ As amended, Regulation A
provides an exemption from registration under the Securities Act for
offerings up to $50 million, for ``Tier 2'' offerings, and permits a
company to sell securities to ``non-accredited'', or retail,
investors.\7\ A company offering securities under Tier 2 may register
its securities under the Exchange Act concurrently with the
qualification of its Regulation A offering statement and list those
securities on a national securities exchange, such as Nasdaq, if it
meets applicable listing standards.\8\
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    \5\ Securities Exchange Act Release No. 74578 (March 25, 2015),
80 FR 21805 (April 20, 2015).
    \6\ See, e.g., ``SEC Adopts Rules to Facilitate Smaller
Companies Access to Capital'' (March 25, 2015), available at https://www.sec.gov/news/pressrelease/2015-49.html.
    \7\ 17 CFR 230.251-230.263.
    \8\ See General Instruction A(a)(2) of Form 8-A for Registration
of Certain Classes of Securities pursuant to Section 12(b) or (g) of
the Securities Exchange Act of 1934, available at https://www.sec.gov/about/forms/form8-a.pdf. A company may apply to list on
any of the Nasdaq Global Select Market, Global Market or Capital
Market tiers in connection with an offering under Regulation A of
the Securities Act.
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    To rely on the exemption under Regulation A, a company must file a
Form 1-A with the SEC along with an offering statement, financial
statements and other exhibits. The offering statement is reviewed and
qualified by the SEC but requires less burdensome accounting and
disclosure standards than a traditional initial public offering on Form
S-1. For example, a Regulation A company qualifying its offering
statement nine months after its most recently completed fiscal year can
include balance sheets for its last two fiscal years, with no interim
financial statements.\9\ In contrast, a company conducting its initial
public offering on Form S-1 at that same time would be required to
include balance sheets for its last two fiscal years, in the case of
emerging growth and smaller reporting companies, or three fiscal years,
in the case of all other companies, and interim financial statements
dated no later than 134 days prior to effectiveness.\10\ As a result,
the financial information presented to investors in Regulation A
offerings may not be as current as the financial information presented
to investors traditional public offerings.
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    \9\ See Part F/S (b)(3)(A) and (c)(1)(i) of Form 1-A Regulation
A Offering Statement under the Securities Act of 1933 available at
https://www.sec.gov/about/forms/form1-a.pdf.
    \10\ 17 CFR 210.3-12.
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    The Exchange has observed problems with certain Regulation A
companies.\11\ Most significantly, the Exchange believes that companies
seeking to list in conjunction with a Regulation A offering are
generally less mature companies with less developed business plans than
other companies seeking to list. In addition, the Exchange believes
that the Regulation A offering process may not adequately prepare
companies for the rigors of operating a public company and satisfying
the SEC and Exchange's reporting and corporate governance requirements.
The Exchange also notes that the financial press,\12\ Congress (prior
to the adoption of Regulation A) \13\ and others \14\ have raised
concerns about the potential for fraud by companies conducting
offerings under Regulation A.
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    \11\ See, e.g., Securities and Exchange Commission vs. Longfin
Corp., Case No. 18-cv-2977 (DLC) (S.D.N.Y., filed April 4, 2018),
available at https://www.sec.gov/litigation/complaints/2018/comp-pr2018-61.pdf.
    \12\ See, e.g., ``Most Mini-IPOs Fail the Market Test'',
Barron's (February 13, 2018), available at https://www.barrons.com/articles/most-mini-ipos-fail-the-market-test-1518526753. See also,
``Longfin Collapse Puts Focus on Lax IPO Rules'', Wall Street
Journal (April 3, 2018), available at https://www.wsj.com/articles/longfin-collapse-puts-focus-on-lax-ipo-rules-1522788520?mod=cx_picks&cx_navSource=cx_picks&cx_tag=contextual&cx_artPos=5#cxrecs_s.
    \13\ See, e.g., H.R. Rep. No. 206, 112th Cong. 1st Sess. at 13
(2011), available at https://www.congress.gov/congressional-report/112th-congress/house-report/206. See also Congressional Record
Volume 157, Number 166 (Wednesday, Nov. 2, 2011), p. H7231,
available at https://www.congress.gov/congressional-record/2011/11/02/house-section/article/H7229-1.
    \14\ See, e.g., Letter from the North American Securities
Administrators Association, Inc., to Elizabeth M. Murphy (March 24,
2014), available at http://www.nasaa.org/wp-content/uploads/2011/07/NASAA-Comment-File-S7-11-13-03242014.pdf.
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    In response to these concerns, Nasdaq staff has adopted heightened
review procedures for companies applying to list on the Exchange in
connection with an offering under Regulation A. However, the Exchange
also believes that additional requirements for listing such companies
are appropriate to help ensure that adequate safeguards are in place to
better protect investors. Accordingly, Nasdaq proposes to enhance its
initial listing standards by adopting a new requirement at Listing Rule
5210(j) that a company listing in connection with an offering under
Regulation A must, at the time of approval of its initial listing
application, have a minimum operating history of two years. Nasdaq
believes that this proposed requirement will help assure that companies
have more established business plans and a history of operations upon
which investors can rely. In addition, the proposed operating history
requirement will help assure that the company has been able to fund the
initial phase of its operations. Further, Nasdaq believes that these
more seasoned companies are more likely to be ready for the rigors of
being a public company, including satisfying the SEC and Exchange's
reporting and corporate governance requirements. Nasdaq believes that
these are important benefits given the lighter disclosure requirements
otherwise associated with a Regulation A offering.\15\
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    \15\ Nasdaq has also proposed to revise its initial listing
criteria to exclude restricted securities from the Exchange's
calculations of a company's publicly held shares, market value of
publicly held shares and round lot holders in another filing, and
these requirements would also apply to Regulation A companies. See
Securities Exchange Act Release No. 85503 (April 3, 2019) (SR-
NASDAQ-2019-009) (``Notice of Filing of Proposed Rule Change to
Revise the Exchange's Initial Listing Standards Related to
Liquidity'').
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    Nasdaq proposes that this change be effective 30 days after
approval by the SEC. Nasdaq notes that it had originally solicited
comment on a similar proposal in October 2018,\16\ which provided
companies with notice that Nasdaq was considering adopting a minimum
operating history requirement for companies listing in connection with
a Regulation A offering. The proposed 30-day delay from approval until
operation of the proposed rule will allow companies that have
substantially completed the Nasdaq review process, or are near
completion of their offering, a short opportunity to complete that
offering and list before the new rules become effective.
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    \16\ See https://listingcenter.nasdaq.com/assets/Liquidity_Measures_Comment_Solicitation.pdf.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Exchange Act,\17\ in general, and furthers the objectives
of Section 6(b)(5) of the Exchange Act,\18\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest; and is not designed to permit unfair discrimination between
issuers, because it is reasonably designed to enhance investor
protection by imposing an additional requirement on a category of
companies that are able to sell securities to non-accredited investors
with limited accounting and disclosure requirements.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    Nasdaq believes that the addition of an operating history
requirement will protect investors and the public interest by helping
to assure that a company listing in conjunction with a Regulation

A offering will be more likely to have a developed business plan upon
which investors can rely, was able to successfully fund its initial
phase of operations, and will be better prepared to satisfy public
company requirements, including reporting and corporate governance
requirements.
    The Exchange believes that this proposal does not result in unfair
discrimination between companies because companies relying on
Regulation A are subject to limited accounting and disclosure
requirements, which exposes investors, many of which may be non-
accredited, to increased risk. The Exchange believes that this proposal
will help lower the risk to such investors by helping to assure that a
company was able to fund its initial phase of operations, has an
established business plan and a history of operations upon which
investors can rely and is more likely to be ready for the rigors of
being a public company. For the foregoing reasons, the Exchange
believes it is not unfair to impose the requirement for a minimum
operating history of at least two years only on companies relying on
Regulation A and not on companies conducting a traditional initial
public offering on Form S-1.

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 Exchange Act. All companies seeking
to list on the Exchange in connection with an offering under Regulation
A would be affected in the same manner by this change. While this is an
additional requirement that would not apply to a company that does not
rely upon Regulation A, Nasdaq believes that to the extent this
distinction places a burden on competition between companies, such
burden is necessary and appropriate to enhance investor protection from
companies with limited accounting and disclosure requirements in
furtherance of the investor protection purposes of the Exchange Act.
Moreover, Nasdaq also notes that companies have a choice as to whether
or not to rely upon Regulation A and, therefore, can control whether
they are subject to the proposed requirement.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    On October 5, 2018, Nasdaq launched a formal comment solicitation
on proposals to adopt additional initial listing criteria for companies
applying to list on the Exchange in connection with an offering under
Regulation A (``2018 Solicitation''), a copy of which is attached
hereto as Exhibit 2.\19\ No comments were received in response to the
comment solicitation.
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    \19\ The Commission notes that Exhibit 2 is attached to the
Exchange's Form 19b-4 relating to the proposed rule change and not
to this notice.
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III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) by order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2019-017 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-2019-017. 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 (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 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-NASDAQ-2019-017, and should be submitted
on or before May 15, 2019.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-08205 Filed 4-23-19; 8:45 am]
 BILLING CODE 8011-01-P