[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Notices]
[Pages 28904-28905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11792]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66957; 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 BOX Options Exchange LLC as a 
Party Thereto

May 10, 2012.
    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 May 7, 2012, the BOX Options Exchange LLC (``BOX'') 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 28905]]

amendment proposes to add BOX 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 BATS Exchange, Inc. 
(``BATS''), NASDAQ OMX BX, Inc. (``BSE''), Chicago Board Options 
Exchange, Incorporated (``CBOE''), CHX, EDGA Exchange, Inc. (``EDGA''), 
EDGX Exchange, Inc. (``EDGX''), FINRA, the International Securities 
Exchange, LLC (``ISE''), Nasdaq, New York Stock Exchange LLC 
(``NYSE''), NYSE Arca, Inc. (``NYSE Arca''), NYSE Amex LLC (``NYSE 
Amex'') (f/k/a NYSE Alternext US LLC'' (``NYSE Alternext'')), NSX and 
Phlx.\4\ The proposed amendment to the Symbology Plan would add BOX 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), 74 FR 132 
(January 2, 2009) (File No. 4-533). On December 24, 2008, BSE filed 
with the Commission an amendment to the Plan to add BSE as a member 
to the Plan. See Securities Exchange Act Release No. 59187 (December 
30, 2008), 74 FR 729 (January 7, 2009) (File No. 4-533). On 
September 30, 2009, BATS filed with the Commission an amendment to 
the Plan to add BATS as a member to the Plan. See Securities 
Exchange Act Release No. 60856 (October 21, 2009), 74 FR 55276 
(October 27, 2009) (File No. 4-533). On July 7, 2010, EDGA and EDGX 
filed with the Commission an amendment to the Plan to add EDGA and 
EDGX, each as a party to the Symbology Plan. See Securities Exchange 
Act Release No. 62573 (July 26, 2010), 75 FR 45682 (August 3, 2010) 
(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 V(a) of the Plan.
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    BOX 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. Additionally, BOX 
represented that it maintains a market for the listing or trading of 
Plan Securities. Finally, BOX has agreed to pay all costs required by 
BOX pursuant to the Symbology Plan, including its proportionate share 
of the aggregate development costs previously paid by the other parties 
to the Processor.

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 sixty 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
     Send an email to [email protected]. 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 email 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 Web site viewing and printing in 
the Commission's Public Reference Room, on official business days 
between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also 
will be available for inspection and copying at the principal office of 
BOX. 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 June 6, 2012.

    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)(29).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-11792 Filed 5-15-12; 8:45 am]
BILLING CODE 8011-01-P