
[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
