
[Federal Register: January 2, 2009 (Volume 74, Number 1)]
[Notices]               
[Page 132-133]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja09-56]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59162; File No. 4-533]

 
Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendments to the National Market System Plan for the Selection and 
Reservation of Securities Symbols To Add New York Stock Exchange LLC, 
NYSE Arca, Inc., NYSE Alternext US LLC and Chicago Board Options 
Exchange, Incorporated as Parties Thereto

December 24, 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 22, 2008, (i) New York Stock Exchange LLC (``NYSE''), 
NYSE Arca, Inc. (``NYSE Arca''), and NYSE Alternext U.S. LLC (``NYSE 
Alternext'' and, together with NYSE and NYSE Arca, the ``NYSE Group 
Exchanges'') and (ii) Chicago Board Options Exchange, Incorporated 
(``CBOE'') filed with the Securities and Exchange Commission 
(``Commission'') amendments to the National Market System Plan for the 
Selection and Reservation of Securities Symbols (``Symbology Plan'' or 
``Plan'').\3\ The amendments propose to add the NYSE Group Exchanges 
and CBOE as parties 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, FINRA, the 
International Securities Exchange, LLC (``ISE''),\4\ Nasdaq, NSX and 
Phlx. The proposed amendments to the Symbology Plan would add the NYSE 
Group Exchanges and CBOE parties to the Symbology Plan. A self-
regulatory organization (``SRO'') may become a party to the Symbology 
Plan if it satisfies the

[[Page 133]]

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 Exchange Act Release No. 59024 (November 26, 2008), 73 FR 
74538 (December 8, 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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    The NYSE Group Exchanges and CBOE have 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 amendments have become 
effective pursuant to Rule 608(b)(3)(iii) \7\ because it involves 
solely technical or ministerial matters. At any time within sixty days 
of the filing of these amendments, 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 these amendments 
are 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 January 23, 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. E8-31205 Filed 12-31-08; 8:45 am]

BILLING CODE 8011-01-P
