[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74538-74539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28958]
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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 [email protected]. 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