Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices 729 

1 15 U.S.C. 78k–1(a)(3). 

2 17 CFR 242.608. 

3On 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). 

4On 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) (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. 

6Sections I(c) and IV(a) of the Plan. 

7 17 CFR 242.608(b)(3)(iii). 

8 17 CFR 242.608(b)(1). 

Material,’’ of the Code of Federal 

Regulations (10 CFR Part 70, Subpart H) 

identifies risk-informed performance 

requirements and requires applicants to 

complete an integrated safety analysis 

(ISA) and submit an ISA summary and 

other information to the NRC for 

approval. 

This regulatory guide endorses the 

standard format and content for SARs 

and ISA summaries described in the 

current version of NUREG–1520, 

‘‘Standard Review Plan for the Review 

of a License Application for a Fuel 

Cycle Facility,’’ as a process that the 

NRC staff finds acceptable for meeting 

the regulatory requirements. 

II. Further Information 

In May 2008, DG–3033 was published 

with a public comment period of 60 

days from the issuance of the guide. The 

public comment period closed on July 

25, 2008. The staff’s responses to the 

public comments are located in the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS), 

Accession Number ML082690576. 

Electronic copies of Regulatory Guide 

3.25, Revision 1 are available through 

the NRC’s public Web site under 

‘‘Regulatory Guides’’ at http:// 

www.nrc.gov/reading-rm/doccollections/. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at Room O–1F21, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852–2738. The 

PDR’s mailing address is USNRC PDR, 

Washington, DC 20555–0001. The PDR 

can also be reached by telephone at 

(301) 415–4737 or (800) 397–4209, by 

fax at (301) 415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 29th day 

of December 2008. 

For the Nuclear Regulatory Commission. 

Mark P. Orr, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E8–31423 Filed 1–6–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59187; 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 NASDAQ OMX BX, Inc., as a Party 

Thereto 

December 30, 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 December 

24, 2008, NASDAQ OMX BX, Inc., 

(‘‘BSE’’) 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 

amendment proposes to add BSE as a 

party to the Symbology Plan. The 

Commission is publishing this notice to 

solicit comments on the proposed 

amendment from interested persons. 

I. Description and Purpose of the 

Amendment 

The current parties to the Symbology 

Plan are Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’), CHX, 

FINRA, the International Securities 

Exchange, LLC (‘‘ISE’’), Nasdaq, New 

York Stock Exchange LLC (‘‘NYSE’’), 

NYSE Arca, Inc. (‘‘NYSE Arca’’), NYSE 

Alternext U.S. LLC (‘‘NYSE Alternext’’), 

NSX and Phlx.4 The proposed 

amendment to the Symbology Plan 

would add BSE 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

BSE 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) 7 because 

it involves solely technical or 

ministerial matters. At any time within 

60 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. 

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 

730 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 58817 

(October 20, 2008), 73 FR 63744 (October 27, 2008). 

The ORF is designed to recover a portion of the 

costs to the Exchange of the supervision and 

regulation of its members, including performing 

routine surveillances, investigations, examinations, 

financial monitoring, and policy, rulemaking, 

interpretive, and enforcement activities. 

4 15 U.S.C. 78f(b). 

5 15 U.S.C. 78f(b)(4). 

• Send an e-mail to rulecomments@sec.gov. 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 

January 28, 2009. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E9–11 Filed 1–6–09; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59182; File No. SR–CBOE– 

2008–130] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to the Options 

Regulatory Fee 

December 30, 2008. 

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

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

24, 2008, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II and III 

below, which Items have been prepared 

by CBOE. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

CBOE proposes to amend its Fees 

Schedule relating to the Options 

Regulatory Fee. The text of the proposed 

rule change is available on the 

Exchange’s Web site (http:// 

www.cboe.org/legal), at the Exchange’s 

Office of the Secretary and at the 

Commission. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

CBOE included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. CBOE has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

(a) Purpose 

The Exchange recently filed a 

proposed rule change with the 

Commission to eliminate Registered 

Representative Fees and establish a 

transaction-based ‘‘Options Regulatory 

Fee’’ (‘‘ORF’’).3 Effective January 1, 

2009, the Exchange would assess $.0045 

per contract to each member for all 

options transactions executed by the 

member that are cleared by The Options 

Clearing Corporation (‘‘OCC’’) in the 

customer range (i.e., that clear in a 

customer account at OCC), excluding 

Options Intermarket Linkage Plan 

(‘‘Linkage’’) orders. The ORF would be 

imposed upon all such transactions 

executed by a member, even if such 

transactions do not take place on the 

Exchange. The ORF would be collected 

indirectly from members through their 

clearing firms by OCC on behalf of the 

Exchange. 

The Exchange proposes to waive the 

fee until February 1, 2009. The purpose 

for the fee waiver is to allow additional 

time for the Exchange and OCC to 

implement the procedures to be used by 

OCC to bill and collect the ORF. 

(b) Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with Section 

6(b) of the Securities Exchange Act of 

1934 (‘‘Act’’) 4 [sic], in general, and 

furthers the objectives of Section 

6(b)(4) 5 of the Act in particular, in that 

it is designed to provide for the 

equitable allocation of reasonable dues, 

fees, and other charges among its 

members and other persons using its 

facilities. The Exchange believes it is 

appropriate to waive the ORF pending 

the implementation of the billing and 

collection procedures for the ORF. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE does not believe that the 

proposed rule change will impose any 

burden on competition that is not 

necessary or appropriate in furtherance 

of purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change.