[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Notices]
[Page 3117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja09-143]
[[Page 3117]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59225; File No. 4-533]
Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment No. 1 to the National Market System Plan for the Selection
and Reservation of Securities Symbols To Modify Certain Effective Dates
in Plan, Submitted by NASDAQ OMX BX, Inc., the Chicago Stock Exchange,
Inc., the Chicago Board Options Exchange, Incorporated, the
International Securities Exchange, LLC, the Financial Industry
Regulatory Authority, Inc., the National Stock Exchange, Inc., The
NASDAQ Stock Market LLC, the New York Stock Exchange LLC, NYSE
Alternext Exchange US LLC, NYSE Arca, Inc., and the NASDAQ OMX PHLX,
Inc.
January 9, 2009.
I. Introduction
Pursuant to Section 11A(a)(3) of the Securities Exchange Act of
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given
that on January 5, 2009, NASDAQ OMX BX, Inc., the Chicago Stock
Exchange, Inc. (``CHX''), the Chicago Board Options Exchange,
Incorporated, the International Securities Exchange, LLC, the Financial
Industry Regulatory Authority, Inc. (``FINRA''), the National Stock
Exchange, Inc. (``NSX''), The NASDAQ Stock Market LLC (``Nasdaq''), the
New York Stock Exchange LLC, NYSE Alternext Exchange US LLC, NYSE Arca,
Inc., and the NASDAQ OMX PHLX, Inc. (``Phlx'') (together, the
``Parties'') filed with the Securities and Exchange Commission
(``Commission'') Amendment No. 1 to the National Market System Plan for
the Selection and Reservation of Securities Symbols (``Symbology Plan''
or ``Plan'').\3\ The amendment modifies certain effective dates in the
Symbology Plan. The Commission is publishing this notice of filing and
immediate effectiveness to solicit comments on the amendment from
interested persons.
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\1\ 15 U.S.C. 78k-1(a)(3).
\2\ 17 CFR 242.608.
\3\ On November 6, 2008, the Commission approved the Symbology
Plan that was originally proposed by the CHX, Nasdaq, FINRA, NSX,
and Phlx, subject to certain changes. See Securities Exchange Act
Release No. 58904, 73 FR 67218 (November 13, 2008) (File No. 4-533).
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II. Description and Purpose of the Amendment
The purpose of Amendment No. 1 is to: (i) Delay the start of the
30-day initial symbol reservation period until 120 days after the
Commission's approval of the Plan; and (ii) delay the establishment of
the Plan as the exclusive method of allocating symbols of one-, two-,
three-, four-, and five-characters in length until 150 days after the
Commission approval of the Plan. Through the amendment, the initial
symbol reservation period would now commence on March 6, 2009 and the
Plan would become the exclusive method of allocating symbols of one-,
two-, three-, four-, and five-characters in length on April 5, 2009.
The purpose of the amendment is to give the parties adequate time to
properly evaluate and select the Plan processor and to implement the
Plan in an organized fashion.
III. Effectiveness of the Proposed Symbology Plan Amendment
Pursuant to paragraph to (b)(3)(ii) of Rule 608 under the Act,\4\
the Parties have designated this amendment as one concerned solely with
the administration of the Plan, thereby qualifying the amendment to be
put into effect upon filing with the Commission.
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\4\ 17 CFR 242.608(b)(3)(ii).
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The Commission may summarily abrogate the amendment within sixty
days of its filing and require refiling and approval of the amendment
by Commission order pursuant to Rule 608(b)(2) under the Act \5\ if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanisms of, a national market system, or otherwise in
furtherance of the purposes of the Act.
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\5\ 17 CFR 242.608(b)(2).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether Amendment No. 1
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 e-mail to rule-comments@sec.gov. Please include
File Number 4-533 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 Number 4-533. This file number
should be included on the subject line if e-mail is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, on official business days between
the hours of 10 a.m. and 3 p.m. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number 4-533 and should be submitted on or before February 6,
2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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\6\ 17 CFR 200.30-3(a)(29).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-882 Filed 1-15-09; 8:45 am]
BILLING CODE 8011-01-P