
[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
