[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Notices]
[Page 729-730]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja09-59]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-59187; File No. 4-533]
Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment to the National Market System Plan for the Selection and
Reservation of Securities Symbols To Add NASDAQ OMX BX, Inc., as a
Party Thereto
December 30, 2008.
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 December 24, 2008, NASDAQ OMX BX, Inc., (``BSE'') filed with
the Securities and Exchange Commission (``Commission'') an amendment to
the National Market System Plan for the Selection and Reservation of
Securities Symbols (``Symbology Plan'' or ``Plan'').\3\ The amendment
proposes to add BSE as a party to the Symbology Plan. The Commission is
publishing this notice to solicit comments on the proposed 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 Chicago Stock Exchange,
Inc. (``CHX''), The Nasdaq Stock Market, Inc. (``Nasdaq''), National
Association of Securities Dealers, Inc. (``NASD'') (n/k/a Financial
Industry Regulatory Authority, Inc. (``FINRA'')), National Stock
Exchange, Inc. (``NSX''), and Philadelphia Stock Exchange, Inc.
(``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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I. Description and Purpose of the Amendment
The current parties to the Symbology Plan are Chicago Board Options
Exchange, Incorporated (``CBOE''), CHX, FINRA, the International
Securities Exchange, LLC (``ISE''), Nasdaq, New York Stock Exchange LLC
(``NYSE''), NYSE Arca, Inc. (``NYSE Arca''), NYSE Alternext U.S. LLC
(``NYSE Alternext''), NSX and Phlx.\4\ The proposed amendment to the
Symbology Plan would add BSE as a party to the Symbology Plan. A self-
regulatory organization (``SRO'') may become a party to the Symbology
Plan if it satisfies the requirements of Section I(c) of the Plan.
Specifically, an SRO may become a party to the Symbology Plan if: (i)
It maintains a market for the listing or trading of Plan Securities \5\
in accordance with rules approved by the Commission, which securities
are identified by one, two, or three character symbols, on the one
hand, or four or five character symbols, on the other hand, in each
case prior to any suffix or special conditional identifier; (ii) it
signs a current copy of the Plan; and (iii) it pays to the other
parties a proportionate share of the aggregate development costs, based
upon the number of symbols reserved by the new party during the first
twelve (12) months of such party's membership.\6\
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\4\ On November 18, 2008, ISE filed with the Commission an
amendment to the Plan to add ISE as a member to the Plan. See
Securities and Exchange Act Release No. 59024 (November 26, 2008) 73
FR 74538 (December 8, 2008) (File No. 4-533).
On December 22, 2008, NYSE, NYSE Arca, and NYSE Alternext
(``NYSE Group Exchanges'') and CBOE filed with the Commission
amendments to the Plan to add the NYSE Group Exchanges and CBOE as
members to the Plan. See Securities Exchange Act Release No. 59162
(December 24, 2008) (File No. 4-533).
\5\ ``Plan Securities'' are defined in the Symbology Plan as
securities that: (i) Are NMS securities as currently defined in Rule
600(a)(46) under the Act; and (ii) any other equity securities
quoted, traded and/or trade reported through an SRO facility.
\6\ Sections I(c) and IV(a) of the Plan.
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BSE has submitted a signed copy of the Symbology Plan to the
Commission in accordance with the requirement set forth in the
Symbology Plan regarding new parties to the plan.
II. Effectiveness of the Proposed Symbology Plan Amendment
The foregoing proposed Symbology Plan amendment has become
effective pursuant to Rule 608(b)(3)(iii) \7\ because it involves
solely technical or ministerial matters. At any time within 60 days of
the filing of the amendment, the Commission may summarily abrogate the
amendment and require that it be refiled pursuant to paragraph (b)(1)
of Rule 608,\8\ 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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\7\ 17 CFR 242.608(b)(3)(iii).
\8\ 17 CFR 242.608(b)(1).
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III. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the amendment 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
[[Page 730]]
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 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. 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; 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 January 28, 2009.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E9-11 Filed 1-6-09; 8:45 am]
BILLING CODE 8011-01-P