8264 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices 

1 15 U.S.C. 78k–1. 

2 17 CFR 242.608. 

3The Plan provides an orderly process for Parties 

to reserve available ticker symbols for equity 

securities. Specifically, each party to the Plan may 

reserve a set number of 1-, 2-, or 3-character 

symbols and a set number of 4- or 5-character 

symbols. In the case of 1-, 2-, or 3-character 

symbols, each party may reserve up to 20 symbols 

perpetually (i.e., without a time limit on the 

reservation) as ‘‘List A reservations,’’ and 1,500 

symbols for 24 months (i.e., with a 24-month 

expiration on the reservation) as ‘‘List B 

reservations.’’ Each party also may reserve the same 

number of symbols on a separate ‘‘List A’’ and a 

separate ‘‘List B’’ for 4- or 5-character symbols. 

4On 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). On 

November 18, 2008, the ISE, and on December 22, 

2008, NYSE, NYSE Arca, NYSE MKT (f/k/a ‘‘NYSE 

Alternext US, LLC’’) and CBOE, and on December 

24, 2008, NASDAQ OMX BX, filed amendments to 

join the Plan, which amendments became 

immediately effective upon filing. See Securities 

Exchange Act Release No. 59024 (November 26, 

2008), 73 FR 74538 (December 8, 2008) (File No. 

4–533) (ISE filing to join the Plan); Securities 

Exchange Act Release No. 59162 (December 24, 

2008), 74 FR 132 (January 2, 2009) (File No. 4–533) 

(NYSE, NYSE Arca, NYSE Alternext US LLC and 

CBOE filing to join the Plan); and Securities 

Exchange Act Release No. 59187 (December 30, 

2008), 74 FR 729 (January 7, 2009) (File No. 4–533) 

(NASDAQ OMX BX filing to join the Plan). On 

January 5, 2009 and March 6, 2009, the Parties 

amended the plan to modify certain effective dates 

in the Plan, which amendments became 

immediately effective upon filing. See Securities 

Exchange Act Release No. 59225 (January 9, 2009), 

73 FR 3117 (January 16, 2009) (File No. 4–533) 

(Amendment No. 1); and Securities Exchange Act 

Release No. 59574 (March 13, 2009), 74 FR 11981 

(March 20, 2009) (File No. 4–533) (Amendment No. 

2). On September 30, 2009, BATS, on July 7, 2010, 

EDGA and EDGX, and on May 7, 2012, BOX, filed 

amendments to join the Plan, which amendments 

became immediately effective upon filing. See 

Securities Exchange Act Release No. 60856 (October 

21, 2009), 74 FR 55276 (October 27, 2009) (File No. 

4–533) (BATS filing to join the Plan); Securities 

Exchange Act Release No. 62573 (July 26, 2010), 75 

FR 45682 (August 3, 2010) (File No. 4–533) (EDGA 

and EDGX filing to join the Plan); and Securities 

Exchange Act Release No. 66957 (May 10, 2012), 77 

FR 28904 (May 16, 2012) (File No. 4–533) (BOX 

filing to join the Plan). 

5 17 CFR 242.608(b)(1). 

6Except that, pursuant to paragraph (f) of Section 

IV (Portability of Symbols in Use), if a new SRO 

lists a security or product that previously was listed 

on another SRO, the new SRO has the right to that 

symbol unless, in its discretion, it consents to the 

symbol being retained by the former SRO. 

Total annual responses: 1. 

Total annual reporting hours: 1. 

Additional Information or Comments: 

Copies of the forms and supporting 

documents can be obtained from Dana 

Hickman at (312) 751–4981 or 

Dana.Hickman@RRB.GOV. 

Comments regarding the information 

collection should be addressed to 

Charles Mierzwa, Railroad Retirement 

Board, 844 North Rush Street, Chicago, 

Illinois, 60611–2092 or 

Charles.Mierzwa@RRB.GOV and to the 

OMB Desk Officer for the RRB, Fax: 

202–395–6974, Email address: OIRA_

Submission@omb.eop.gov. 

Charles Mierzwa, 

Chief of Information Resources Management. 

[FR Doc. 2016–03328 Filed 2–17–16; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–77123; File No. 4–533] 

Joint Industry Plan; Notice of Filing of 

Amendment No. 3 to the National 

Market System Plan for the Selection 

and Reservation of Securities Symbols 

Submitted by Financial Industry 

Regulatory Authority, Inc., BATS 

Exchange, Inc., BOX Options 

Exchange, LLC, Chicago Board 

Options Exchange, Incorporated, 

Chicago Stock Exchange, Inc., EDGA 

Exchange, Inc., EDGX Exchange, Inc., 

International Securities Exchange, 

LLC, NASDAQ OMX BX, Inc., NASDAQ 

OMX PHLX, Inc., The Nasdaq Stock 

Market LLC, National Stock Exchange, 

Inc., New York Stock Exchange, LLC, 

NYSE MKT, LLC, and NYSE Arca, Inc. 

February 11, 2016. 

On August 24, 2015, Financial 

Industry Regulatory Authority, Inc. 

(‘‘FINRA’’), on behalf of the following 

parties to the National Market System 

Plan for the Selection and Reservation 

of Securities Symbols (the ‘‘Plan’’): 

BATS Exchange, Inc. (‘‘BATS’’), BOX 

Options Exchange, LLC (‘‘BOX’’), 

Chicago Board Options Exchange, 

Incorporated (‘‘CBOE’’), Chicago Stock 

Exchange, Inc. (‘‘CHX’’), EDGA 

Exchange, Inc. (‘‘EDGA’’), EDGX 

Exchange, Inc. (‘‘EDGX’’), FINRA, 

International Securities Exchange, LLC 

(‘‘ISE’’), NASDAQ OMX BX, Inc. 

(‘‘BX’’), NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’), The Nasdaq Stock Market LLC 

(‘‘Nasdaq’’), National Stock Exchange, 

Inc. (‘‘NSX’’), New York Stock 

Exchange, LLC (‘‘NYSE’’), NYSE MKT, 

LLC (‘‘NYSE MKT’’), and NYSE Arca, 

Inc. (‘‘NYSE Arca’’) (collectively with 

FINRA, the ‘‘Parties’’), filed with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to Section 

11A of the Securities Exchange Act of 

1934 (‘‘Act’’) 1 and Rule 608 

thereunder,2 a proposal to amend the 

Plan.3 The proposal represents the third 

substantive amendment to the Plan 

(‘‘Amendment’’) and reflects changes 

unanimously approved by the Parties.4

The Amendment to the Plan proposes to 

revise Section IV(d) of the Plan (Reuse 

of a Symbol) to provide that, where a 

Party ceases to use a symbol, such party 

may elect to release the symbol and that 

such symbol may not be reused to 

identify a new security (other than the 

security that has been trading under 

such symbol) within 90 calendar days 

from the last day of its use to identify 

the old security, without the consent of 

the Party that released the symbol. In 

addition, a Party may not reuse (or 

consent to the reuse of) a symbol to 

identify a new security unless such 

Party reasonably determines that such 

use would not cause investor confusion. 

The Commission is publishing this 

notice to solicit comments from 

interested persons on the Amendment 

to the Plan.5

I. Description and Purpose of the 

Amendment 

The Plan was created to enhance the 

effectiveness and efficiency of the 

national market system and to provide 

for fair competition between the selfregulatory organizations (‘‘SROs’’) by 

establishing a uniform system for the 

selection and reservation of securities 

symbols. The Plan, among other things, 

sets forth the process for securing 

perpetual and limited-time reservations, 

the use of a waiting list, the right to 

reuse a symbol and the ability to request 

the release of a symbol. 

Under Section IV(d) of the current 

Plan, if a Party ceases to use a symbol, 

such Party automatically has that 

symbol reserved for a period of 24 

months, notwithstanding any other 

limits on the number of reserved 

symbols specified in the Plan.6

However, in the event that the Party 

ceasing to use the symbol neither: (1) 

Places the symbol on its List A, or (2) 

uses the symbol within 24 months, the 

symbol is released for use pursuant to 

Section IV(b)(5) (Non-Use or Release of 

Symbols Within Time Period). In such 

cases, the symbol may be reused by a 

different Party to identify a new security 

in accordance with the procedures set 

forth in the Plan. Section IV(d) of the 

Plan provides that a symbol may not be 

reused by a Party to identify a new 

security unless the Party reasonably 

determines that such use would not 

cause investor confusion. Thus, even 

where a Party releases a symbol for 

reuse, such symbol may not be reused 

to identify a new security if such use 

would cause investor confusion in the 

judgment of the party seeking to reuse 

the symbol. 

The Parties are amending Section 

IV(d) of the Plan to clarify that, if a Party 

ceases use of a symbol, such Party may 

elect to release the symbol pursuant to 

paragraph (b)(5) of the Plan. If a Party 

does not release the symbol, such 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices 8265 

1 15 U.S.C.78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

symbol shall automatically be reserved 

for such Party for 24 months, as further 

described in the Plan. The proposed 

amendments further clarify that, if the 

Party does not place the symbol on List 

A or use the symbol within 24 months, 

the symbol shall be released for use 

pursuant to subparagraph (b)(5). 

The amendment also proposes a new 

requirement. Specifically, that where a 

symbol has become available for reuse 

by a new Party (e.g., where a Party 

releases a symbol), such symbol may not 

be reused to identify a new security 

(other than the security that has been 

trading under such symbol) within 90 

calendar days from the last day of its 

use to identify the old security, without 

the consent of the Party that released the 

symbol pursuant to paragraph (b)(5) of 

Section IV. Thus, even where a symbol 

is not reserved for the Party most 

recently using the symbol, the amended 

Plan would continue to provide for a 

fair and orderly approach with regard to 

the reuse of the symbol. 

For example, the amendment would 

address situations where a Party had 

been using symbol WXYZ for a period 

of years to identify the security of a 

particular company and, following the 

dissolution of the company, symbol 

WXYZ is released by the Party that had 

been using it. Under the current Plan, 

the Party using WXYZ to identify the 

security of the dissolved company 

would have that symbol reserved for a 

period of 24 months, and, at any time 

within this 24-month period, pursuant 

to Section IV(b)(6) (Request for Release 

of a Symbol), any other Party may have 

requested the voluntary release of the 

symbol for reuse. The amendment to the 

Plan retains this same basic framework, 

but also explicitly addresses 

circumstances in which a Party does not 

reserve the symbol but elects to release 

the symbol pursuant to paragraph (b)(5), 

in which case the symbol becomes 

immediately available to be reused by 

another Party to identify a different 

security. Under the amendment to the 

Plan, at any time within 90 calendar 

days from the last day of its use to 

identify the old security, such symbol 

may not be reused to identify a new 

security unless the Party seeking to 

reuse the symbol obtains the consent of 

the Party that most recently released the 

symbol. The Party most recently 

releasing the symbol must reasonably 

determine that reuse would not cause 

investor confusion prior to providing its 

consent. 

As is the case today, at no time may 

a Party reuse a symbol unless the Party 

seeking the reuse also reasonably 

determines that such use would not 

cause investor confusion. In making a 

reasonable determination as to whether 

the reuse of a symbol would cause 

investor confusion, Parties would 

consider factors such as the level of 

recent activity in the old security, 

including trading frequency, volume 

and the number of market maker quotes. 

The Amendment also contains several 

technical and ministerial amendments. 

First, the Plan is being amended to 

update NSX’s principal place of 

business from its former address of 440 

South LaSalle Street, Suite 2600, 

Chicago, IL 60605 to its new address of 

101 Hudson Street, Suite 1200, Jersey 

City, NJ 07302. This Amendment also 

reflects a name change by one of the 

Parties. Specifically, the ‘‘NYSE 

Alternext US LLC’’ is now called ‘‘NYSE 

MKT LLC.’’ Finally, the Parties also are 

amending the Plan to update the 

principal place of business for both 

EDGA and EDGX from its former 

address at 545 Washington Blvd., Jersey 

City, NJ 07310 to 8050 Marshall Drive, 

Lenexa, KS 66214. 

The Parties believe that the 

Amendment provides for a fair and 

orderly approach that would be applied 

consistently by all Parties to facilitate 

investor protection, does not disparately 

affect any single Party, and thus, does 

not impose any burden on competition 

that is not necessary or appropriate in 

furtherance of the purposes of the Act. 

II. Implementation of Plan Amendment 

The Parties will implement the 

Amendment upon Commission 

approval. 

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 rule-comments@

sec.gov. Please include File Number 

4–533 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Brent J. Fields, 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 Plan that 

are filed with the Commission, and all 

written communications relating to the 

Plan 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, 100 F Street NE., 

Washington, DC 20549 on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Copies of such 

filing also will be available for 

inspection and copying at the Parties’ 

principal offices. 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 March 

10, 2016. 

By the Commission. 

Robert W. Errett, 

Deputy Secretary. 

[FR Doc. 2016–03275 Filed 2–17–16; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–77118; File No. SR– 

NYSEARCA–2016–04] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change to the Co-Location 

Services Offered by the Exchange To 

Include a Means for Co-Located Users 

To Receive the NASDAQ TotalView 

Ultra Market Data Feed Through a 

Wireless Connection and Reflect 

Changes to the NYSE Arca Equities 

Schedule of Fees and Charges for 

Exchange Services and the Options 

Fee Schedule 

February 11, 2016. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on February 

2, 2016, NYSE Arca, Inc. (the 

‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with 

the Securities and Exchange 

mstockstill on DSK4VPTVN1PROD with NOTICES