[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Notices]
[Pages 45682-45683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18935]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62573; 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 EDGA Exchange, Inc. and EDGX
Exchange, Inc., Each as a Party Thereto
July 26, 2010.
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 July 7, 2009, EDGA Exchange, Inc. (``EDGA'') and EDGX Exchange,
Inc. (``EDGX'') 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 EDGA and EDGX, each 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, 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 EDGA
and EDGX, each 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
[[Page 45683]]
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).
\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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EDGA and EDGX have 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 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 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 Web site viewing and printing 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 EDGA
and EDGX. 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 August 24, 2010.
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)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-18935 Filed 8-2-10; 8:45 am]
BILLING CODE 8010-01-P