
[Federal Register: December 8, 2008 (Volume 73, Number 236)]
[Notices]               
[Page 74538-74539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de08-90]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59024; File No. 4-533]

 
Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of an Amendment to the National Market System Plan for the Selection 
and Reservation of Securities Symbols To Add the International 
Securities Exchange, LLC as a Party Thereto

November 26, 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 November 18, 2008, the International Securities Exchange, LLC 
(``ISE'' or ``Exchange'') 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

[[Page 74539]]

amendment proposes to add ISE 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'')),4 
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 CHX, Nasdaq, FINRA, 
NSX, and Phlx. The proposed amendment to the Symbology Plan would add 
ISE 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,\4\ in accordance with rules 
approved by the Commission, which securities are identified by one, 
two, three, four, or five character symbols; (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.
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    \4\ ``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.
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    ISE 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) \5\ because it involves 
solely technical or ministerial matters. At any time within sixty days 
of the filing of this amendment, the Commission may summarily abrogate 
the amendment and require that it be refiled pursuant to paragraph 
(b)(1) of Rule 608,\6\ 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)(3)(iii).
    \6\ 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
     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 December 29, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-28958 Filed 12-5-08; 8:45 am]

BILLING CODE 8011-01-P
