[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Page 11981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6085]



[[Page 11981]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59574; File No. 4-533]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment No. 2 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 U.S. LLC, NYSE Arca, Inc., and the NASDAQ OMX PHLX, Inc.

March 13, 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 March 6, 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 U.S. LLC, NYSE Arca, Inc., 
and the NASDAQ OMX PHLX, Inc. (``Phlx'') (together, the ``Parties'') 
filed with the Securities and Exchange Commission (``Commission'') 
Amendment No. 2 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. 2 is to: (i) delay the start of the 30 
initial symbol reservation period until 145 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 175 days after the Commission 
approval of the Plan. Pursuant to this Amendment, the initial symbol 
reservation period would now commence on April 1, 2009 and the 
Symbology Plan would become the exclusive method of allocating symbols 
of one-, two-, three-, four-, and five-characters in length on April 
30, 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 (b)(3)(ii) of Rule 608 under the Act,\4\ the 
Parties have designated this amendment as one that may be put into 
effect upon filing with the Commission as it is concerned solely with 
the administration of the Plan.
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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) \5\ under the Act 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 mechanisms of, a national market system or otherwise in 
furtherance of the purposes of the Act.\6\
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    \5\ 17 CFR 242.608(b)(2).
    \6\ 17 CFR 242.608(b)(3)(iii).
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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. 2 
is consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

    <bullet> Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
    <bullet> Send an e-mail to <a href="/cdn-cgi/l/email-protection#9ceee9f0f9b1fff3f1f1f9f2e8efdceff9ffb2fbf3ea"><span class="__cf_email__" data-cfemail="0b797e676e26686466666e657f784b786e68256c647d">[email protected]</span></a>. Please include 
File Number 4-533 on the subject line.

Paper Comments

    <bullet> 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. 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 April 10, 2009.

    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,
Deputy Secretary.
[FR Doc. E9-6085 Filed 3-19-09; 8:45 am]
BILLING CODE


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