Joint Industry Plan; American Stock Exchange LLC, Chicago Board Options Exchange, Incorporated, International Securities Exchange, LLC, New York Stock Exchange LLC, and NYSE Arca, Inc.; Notice of Filing of Amendment No. 1 to the Proposed National Market System Plan for the Selection and Reservation of Securities Symbols, 4645-4647 [E8-1255]
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Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
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jlentini on PROD1PC65 with NOTICES
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Jkt 214001
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4645
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[FR Doc. E8–1268 Filed 1–24–08; 8:45 am]
BILLING CODE 6325–39–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–57171; File No. 4–534]
Joint Industry Plan; American Stock
Exchange LLC, Chicago Board Options
Exchange, Incorporated, International
Securities Exchange, LLC, New York
Stock Exchange LLC, and NYSE Arca,
Inc.; Notice of Filing of Amendment
No. 1 to the Proposed National Market
System Plan for the Selection and
Reservation of Securities Symbols
January 18, 2008.
I. Introduction
On March 23, 2007, pursuant to Rule
608 of Regulation NMS under the Act 1
(‘‘Rule 608’’), American Stock Exchange
LLC (‘‘Amex’’), New York Stock
Exchange LLC (‘‘NYSE’’), and NYSE
Arca, Inc. (‘‘NYSE Arca’’) filed with the
Commission a proposed plan for the
purpose of the selection and reservation
of securities symbols (‘‘Three-Characters
Plan’’). On March 23, 2007, The Nasdaq
Stock Market, Inc. (‘‘Nasdaq’’), National
Association of Securities Dealers, Inc.
(‘‘NASD’’) (n/k/a Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’)),2
1 17
CFR 242.608.
July 26, 2007, the Commission approved a
proposed rule change filed by NASD to amend
NASD’s Certificate of Incorporation to reflect its
name change to Financial Industry Regulatory
Authority Inc., or FINRA, in connection with the
consolidation of the member firm regulatory
2 On
E:\FR\FM\25JAN1.SGM
Continued
25JAN1
4646
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
National Stock Exchange, Inc. (‘‘NSX’’),
and Philadelphia Stock Exchange, Inc.
(‘‘Phlx’’) also filed with the Commission
a proposed plan for the purpose of the
selection and reservation of securities
symbols (‘‘Five-Characters Plan’’). On
April 23, 2007, the Chicago Stock
Exchange, Inc. (‘‘CHX’’), Nasdaq, NASD,
NSX, and Phlx filed a supplement to the
Five-Characters Plan.3 The proposed
plans were published for comment in
the Federal Register on July 17, 2007.4
On August 1, 2007, Amex, Chicago
Board Options Exchange, Incorporated
(‘‘CBOE’’), International Securities
Exchange, LLC (‘‘ISE’’), NYSE, and
NYSE Arca filed Amendment No. 1 to
the proposed Three-Characters Plan
(‘‘Amendment No. 1’’). The Commission
requests comment on Amendment No. 1
from interested persons.
II. Description of Amendment No. 1
Amendment No. 1 makes the
following modifications to the proposed
Three-Characters Plan: (1) Adds two
new parties to the proposed plan; (2)
amends the symbol portability provision
of the proposed plan with respect to
three-character symbols; (3) clarifies
that the Three-Characters Plan covers
reservations of one-, two-, and threecharacter symbols for options under the
OPRA Plan; and (4) minor, nonsubstantive, technical changes,
including re-naming the plan
administrator.
jlentini on PROD1PC65 with NOTICES
A. New Parties to the Plan
The Three-Characters Plan was
originally submitted by Amex, NYSE,
and NYSE Arca. The Three-Characters
Plan would grant the plan participants
the following symbol reservation rights:
(1) NYSE and Amex each would receive
the right to reserve 200 symbols without
any time or other limitations or
restrictions as ‘‘perpetual reservations’’
and 1,500 symbols for a limited time of
24 months as ‘‘limited-time
reservations’’ (2) all other parties would
receive the right to reserve 40 perpetual
reservations, and (3) NYSE Arca would
functions of NASD and NYSE Regulation, Inc. See
Securities Exchange Act Release No. 56146 (July 26,
2007), 72 FR 42190 (August 1, 2007).
3 In the Supplement, CHX joined as a party
proposing the Five-Characters Plan. In addition, the
Supplement contained a revised version of the FiveCharacters Plan. The parties to the Five-Characters
Plan revised the plan as follows: (i) Changed the
definition of securities for which an SRO must
maintain facilities for the quoting and trade
reporting of such securities in order to be party to
the plan and corresponding changes throughout the
plan and (ii) deleted the statement that new parties
to the plan would pay an equal share of all
development costs.
4 See Securities Exchange Act Release No. 56037
(July 10, 2007), 72 FR 39096 (‘‘Joint Industry Plan
Notice’’).
VerDate Aug<31>2005
16:59 Jan 24, 2008
Jkt 214001
receive the right to reserve 500 limitedtime reservations.5 Amendment No. 1
adds CBOE and ISE as signatories to,
and participants in, the proposed ThreeCharacters Plan. In addition,
Amendment No. 1 modified the
proposed limited-time reservation
provision of the plan to grant CBOE the
right to reserve 500 limited-time
reservations and ISE the right to reserve
200 limited-time reservations.6
The Commission requests
commenters’ views on the amended
provisions to the proposed ThreeCharacters Plan that add CBOE and ISE
as parties to the plan and that would
grant them the limited-time reservation
rights described above. The Commission
also requests commenters’ views on the
number of symbols a self-regulatory
organization (‘‘SRO’’) should be
permitted to reserve as perpetual
reservations or limited-time
reservations. In particular, the
Commission requests commenters’ view
on any basis on which it would be
appropriate for certain SROs to receive
more reservations than other SROs. For
example, should there be a distinction
in the number of limited-time
reservations that non-primary listing
markets receive? If so, what factors
should be taken into account in allotting
the number of limited-time
reservations? Finally, the Commission
requests commenters’ views on how
these amended provisions would affect
new listing markets.
B. Symbol Portability
The proposed Three-Characters Plan
originally provided that, if an SRO lists
a security that transferred from another
SRO, the SRO from which the issuer
delisted its security would have the
right to the symbol for that security,
unless it consents to the transfer of the
symbol to the other SRO. If the SRO to
which the issuer transferred its listing
believes there is a compelling business
reason why it should have the rights to
the symbol (if it is a two- or threecharacter symbol, but not a onecharacter symbol), such SRO could
submit to the Processor the
determination of which SRO shall have
the rights in that symbol.7 The Processor
could only grant the rights in the
symbol to the new SRO if the Processor
determines that such SRO’s business
5 See Joint Industry Plan Notice supra note 4, at
39099–100 for additional details regarding
perpetual reservations and limited-time
reservations.
6 See amended Section IV(b)(1)(B) of the ThreeCharacters Plan.
7 The Three-Characters Plan would not permit
disputes over one-character symbols to be
submitted to the Processor.
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
reasons for obtaining such rights
substantially outweigh the business
needs of the other SRO to that symbol.
The Processor’s decision would be final
and not subject to appeal.
Amendment No. 1 modifies this
proposed portability provision with
respect to three-character symbols.
Specifically, an SRO to which a security
that uses a three-character symbol
transfers its listing would have the
rights to that three-character symbol,8
unless, in the new SRO’s discretion, it
consents to allowing the former SRO to
retain the symbol. The participants to
the Three-Character Plan noted that
Amendment No. 1 would comport the
Three-Characters Plan with a Nasdaq
rule recently approved by the
Commission, which permits an issuer
that has traded under a three-character
symbol to continue to use that threecharacter symbol if the issuer moves its
listing to Nasdaq.9
The Commission requests comment
on the change in Amendment No. 1
regarding the portability of a threecharacter symbol to a new listing market
when an issuer transfers its listing.
When an issuer moves its listing to a
new listing market, should either the
former listing market or the new listing
market retain the right to use the
issuer’s symbol? How would awarding
the rights to the symbol to the former
listing market affect competition? How
would awarding such rights to the new
listing market affect competition?
Finally, the Commission requests
comment on whether one- and twocharacter symbols should be subject to
the same portability process as threecharacter symbols.
C. Covered Symbols
The proposed Three-Characters Plan
originally stated that the plan was
intended to be the exclusive means of
allocating and using symbols of one-,
two-, or three-characters, and none of
such one-, two-, or three-character
symbols were to be allocated or used for
securities other than those reflected on
‘‘Network A’’ or ‘‘Network B’’ as those
terms are defined in the Consolidated
Tape Association Plan (‘‘CTA Plan’’).10
The original Three-Characters Plan also
stated that its Symbol Reservation
System would cover the allocation of all
8 The new SRO would be required to use the
three-character symbol to identify the security
transferred to its market.
9 See Amendment No. 1, Cover Letter at 2. See
also Securities Exchange Act Release No. 56028
(July 9, 2007), 72 FR 38639 (July 13, 2007) (SR–
NASDAQ–2007–031) (approving a rule change to
allow a company that transfers its listing to Nasdaq
to retain its three-character symbol).
10 See Section I(b) of the original ThreeCharacters Plan.
E:\FR\FM\25JAN1.SGM
25JAN1
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
symbols used to common stocks, other
securities or other information
disseminated to the public through the
facilities operated by, or pursuant to,
among other plans, the Options Price
Reporting Authority (‘‘OPRA’’).
Amendment No. 1 amends Section I(b)
of the proposed Three-Characters Plan
to state that the proposed plan is
intended to be the exclusive means of
allocating and using symbols of one-,
two-, or three-characters for, among
other securities, options under OPRA. In
addition, Amendment No. 1 revises
Section I(b) of the Three-Characters Plan
to state that, in the case of ‘‘listed equity
securities’’ (as Rule 600(b)(34) of
Regulation NMS defines that term) no
one-, two-, or three-character symbols
would be allocated or used other than
for ‘‘Network A’’ or ‘‘Network B’’
‘‘Eligible Securities.’’
The Commission requests comment
on the amended provision regarding the
proposed Three-Characters Plan’s scope.
In particular, the Commission requests
comment on whether it is appropriate
that the proposed scope of the ThreeCharacters Plan include options. Should
the Commission approve a plan solely
covering equity security symbols or
should both equity and option security
symbols be covered? Are there other
matters with respect to the scope of the
plans that commenters believe the
Commission should consider? In
particular, should only root symbols be
covered or should suffixes be included
as well?
D. Name of the Plan Administrator
Amendment No. 1 also made a
number of minor, non-substantive
technical changes, including modifying
the name for the plan administrator. The
proposed Three-Characters Plan
originally referred to the plan
administrator as the ‘‘International
Symbols Reservation Authority
(‘‘ISRA’’).’’ Amendment No. 1 renamed
the authority the ‘‘Intermarket Symbols
Reservation Authority (‘‘ISRA’’).’’ The
Commission requests comment on the
name of the plan administrator.
jlentini on PROD1PC65 with NOTICES
III. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed
Amendment No. 1 is consistent with the
Act. The Commission invites comments
on whether the foregoing assures fair
competition among all parties,
including new listing markets.
Comments may be submitted by any of
the following methods:
VerDate Aug<31>2005
16:59 Jan 24, 2008
Jkt 214001
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number 4–534 on the subject line.
Paper Comments
All submissions should refer to File
Number 4–534. The file numbers 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 (https://www.sec.gov/rules/sro/
nms.shtml). Copies of the submission,
all subsequent amendments, all written
statements with respect to the proposed
plans that are filed with the
Commission, and all written
communications relating to the
proposed plans 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, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such 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 4–534 and should be submitted
on or before February 15, 2008.
By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E8–1255 Filed 1–24–08; 8:45 am]
BILLING CODE 8011–01–P
Frm 00132
Fmt 4703
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
28125; 812–13213]
Morgan Stanley Investment
Management Inc., et al., Notice of
Application
January 18, 2008.
• Send paper comments in triplicate
to Nancy M. Morris, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
PO 00000
4647
Sfmt 4703
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of application for an
order under sections 6(c) and 17(b) of
the Investment Company Act of 1940
(the ‘‘Act’’) for an exemption from
section 17(a) of the Act.
AGENCY:
Morgan Stanley Investment
Management Inc. (‘‘MSIM’’), Morgan
Stanley Investment Advisors Inc.
(‘‘MSIA’’), Morgan Stanley AIP GP LP
(‘‘MSAIP’’), Van Kampen Asset
Management (‘‘VKAM’’),1 Active Assets
California Tax-Free Trust, Active Assets
Government Securities Trust, Active
Assets Institutional Government
Securities Trust, Active Assets
Institutional Money Trust, Active Assets
Money Trust, Active Assets Tax-Free
Trust, Morgan Stanley California TaxFree Daily Income Trust, Morgan
Stanley New York Municipal Money
Market Trust, Morgan Stanley Tax-Free
Daily Income Trust, Morgan Stanley
Liquid Asset Fund Inc., Morgan Stanley
U.S. Government Money Market Trust
(each a ‘‘Money Market Fund’’),2
Morgan Stanley Select Dimensions
Investment Series, Morgan Stanley
Variable Investment Series, Morgan
APPLICANTS:
1 MSIM, MSIA, MSAIP, VKAM are collectively
referred to as the Current Advisers. Applicants also
seek relief for any other existing or future registered
investment adviser which acts as investment
adviser or subadviser to a Fund (defined below) and
which controls, is controlled by or is under
common control (as defined in section 2(a)(9) of the
Act) with MS (as defined below) (individually a
‘‘Future Adviser’’ and collectively the ‘‘Future
Advisers’’). The Current Advisers and the Future
Advisers are referred to individually as an
‘‘Adviser’’ and collectively as the ‘‘Advisers.’’ Any
Adviser that currently intends to rely on the
requested order is named as an applicant in the
application. Any other Adviser that relies on the
order in the future will comply with the terms and
conditions of the application.
2 Morgan Stanley Institutional Liquidity Funds
also offers six series that operate as money market
funds subject to rule 2a–7 under the 1940 Act:
Government Portfolio, Government Securities
Portfolio, Money Market Portfolio, Prime Portfolio,
Tax-Exempt Portfolio, Treasury Portfolio and
Treasury Securities Portfolio. Van Kampen Equity
Trust II offers two money market funds: Van
Kampen Reserve Fund and Van Kampen Tax-Free
Money Fund. Morgan Stanley Select Dimensions
Investment Series offers one money market fund:
Money Market Portfolio. Morgan Stanley Variable
Investment Series offers one money market fund:
Money Market Portfolio. Van Kampen Life
Investment Trust offers one money market fund:
Money Market Portfolio.
E:\FR\FM\25JAN1.SGM
25JAN1
Agencies
[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4645-4647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1255]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-57171; File No. 4-534]
Joint Industry Plan; American Stock Exchange LLC, Chicago Board
Options Exchange, Incorporated, International Securities Exchange, LLC,
New York Stock Exchange LLC, and NYSE Arca, Inc.; Notice of Filing of
Amendment No. 1 to the Proposed National Market System Plan for the
Selection and Reservation of Securities Symbols
January 18, 2008.
I. Introduction
On March 23, 2007, pursuant to Rule 608 of Regulation NMS under the
Act \1\ (``Rule 608''), American Stock Exchange LLC (``Amex''), New
York Stock Exchange LLC (``NYSE''), and NYSE Arca, Inc. (``NYSE Arca'')
filed with the Commission a proposed plan for the purpose of the
selection and reservation of securities symbols (``Three-Characters
Plan''). On March 23, 2007, The Nasdaq Stock Market, Inc. (``Nasdaq''),
National Association of Securities Dealers, Inc. (``NASD'') (n/k/a
Financial Industry Regulatory Authority, Inc. (``FINRA'')),\2\
[[Page 4646]]
National Stock Exchange, Inc. (``NSX''), and Philadelphia Stock
Exchange, Inc. (``Phlx'') also filed with the Commission a proposed
plan for the purpose of the selection and reservation of securities
symbols (``Five-Characters Plan''). On April 23, 2007, the Chicago
Stock Exchange, Inc. (``CHX''), Nasdaq, NASD, NSX, and Phlx filed a
supplement to the Five-Characters Plan.\3\ The proposed plans were
published for comment in the Federal Register on July 17, 2007.\4\
---------------------------------------------------------------------------
\1\ 17 CFR 242.608.
\2\ On July 26, 2007, the Commission approved a proposed rule
change filed by NASD to amend NASD's Certificate of Incorporation to
reflect its name change to Financial Industry Regulatory Authority
Inc., or FINRA, in connection with the consolidation of the member
firm regulatory functions of NASD and NYSE Regulation, Inc. See
Securities Exchange Act Release No. 56146 (July 26, 2007), 72 FR
42190 (August 1, 2007).
\3\ In the Supplement, CHX joined as a party proposing the Five-
Characters Plan. In addition, the Supplement contained a revised
version of the Five-Characters Plan. The parties to the Five-
Characters Plan revised the plan as follows: (i) Changed the
definition of securities for which an SRO must maintain facilities
for the quoting and trade reporting of such securities in order to
be party to the plan and corresponding changes throughout the plan
and (ii) deleted the statement that new parties to the plan would
pay an equal share of all development costs.
\4\ See Securities Exchange Act Release No. 56037 (July 10,
2007), 72 FR 39096 (``Joint Industry Plan Notice'').
---------------------------------------------------------------------------
On August 1, 2007, Amex, Chicago Board Options Exchange,
Incorporated (``CBOE''), International Securities Exchange, LLC
(``ISE''), NYSE, and NYSE Arca filed Amendment No. 1 to the proposed
Three-Characters Plan (``Amendment No. 1''). The Commission requests
comment on Amendment No. 1 from interested persons.
II. Description of Amendment No. 1
Amendment No. 1 makes the following modifications to the proposed
Three-Characters Plan: (1) Adds two new parties to the proposed plan;
(2) amends the symbol portability provision of the proposed plan with
respect to three-character symbols; (3) clarifies that the Three-
Characters Plan covers reservations of one-, two-, and three-character
symbols for options under the OPRA Plan; and (4) minor, non-
substantive, technical changes, including re-naming the plan
administrator.
A. New Parties to the Plan
The Three-Characters Plan was originally submitted by Amex, NYSE,
and NYSE Arca. The Three-Characters Plan would grant the plan
participants the following symbol reservation rights: (1) NYSE and Amex
each would receive the right to reserve 200 symbols without any time or
other limitations or restrictions as ``perpetual reservations'' and
1,500 symbols for a limited time of 24 months as ``limited-time
reservations'' (2) all other parties would receive the right to reserve
40 perpetual reservations, and (3) NYSE Arca would receive the right to
reserve 500 limited-time reservations.\5\ Amendment No. 1 adds CBOE and
ISE as signatories to, and participants in, the proposed Three-
Characters Plan. In addition, Amendment No. 1 modified the proposed
limited-time reservation provision of the plan to grant CBOE the right
to reserve 500 limited-time reservations and ISE the right to reserve
200 limited-time reservations.\6\
---------------------------------------------------------------------------
\5\ See Joint Industry Plan Notice supra note 4, at 39099-100
for additional details regarding perpetual reservations and limited-
time reservations.
\6\ See amended Section IV(b)(1)(B) of the Three-Characters
Plan.
---------------------------------------------------------------------------
The Commission requests commenters' views on the amended provisions
to the proposed Three-Characters Plan that add CBOE and ISE as parties
to the plan and that would grant them the limited-time reservation
rights described above. The Commission also requests commenters' views
on the number of symbols a self-regulatory organization (``SRO'')
should be permitted to reserve as perpetual reservations or limited-
time reservations. In particular, the Commission requests commenters'
view on any basis on which it would be appropriate for certain SROs to
receive more reservations than other SROs. For example, should there be
a distinction in the number of limited-time reservations that non-
primary listing markets receive? If so, what factors should be taken
into account in allotting the number of limited-time reservations?
Finally, the Commission requests commenters' views on how these amended
provisions would affect new listing markets.
B. Symbol Portability
The proposed Three-Characters Plan originally provided that, if an
SRO lists a security that transferred from another SRO, the SRO from
which the issuer delisted its security would have the right to the
symbol for that security, unless it consents to the transfer of the
symbol to the other SRO. If the SRO to which the issuer transferred its
listing believes there is a compelling business reason why it should
have the rights to the symbol (if it is a two- or three-character
symbol, but not a one-character symbol), such SRO could submit to the
Processor the determination of which SRO shall have the rights in that
symbol.\7\ The Processor could only grant the rights in the symbol to
the new SRO if the Processor determines that such SRO's business
reasons for obtaining such rights substantially outweigh the business
needs of the other SRO to that symbol. The Processor's decision would
be final and not subject to appeal.
---------------------------------------------------------------------------
\7\ The Three-Characters Plan would not permit disputes over
one-character symbols to be submitted to the Processor.
---------------------------------------------------------------------------
Amendment No. 1 modifies this proposed portability provision with
respect to three-character symbols. Specifically, an SRO to which a
security that uses a three-character symbol transfers its listing would
have the rights to that three-character symbol,\8\ unless, in the new
SRO's discretion, it consents to allowing the former SRO to retain the
symbol. The participants to the Three-Character Plan noted that
Amendment No. 1 would comport the Three-Characters Plan with a Nasdaq
rule recently approved by the Commission, which permits an issuer that
has traded under a three-character symbol to continue to use that
three-character symbol if the issuer moves its listing to Nasdaq.\9\
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\8\ The new SRO would be required to use the three-character
symbol to identify the security transferred to its market.
\9\ See Amendment No. 1, Cover Letter at 2. See also Securities
Exchange Act Release No. 56028 (July 9, 2007), 72 FR 38639 (July 13,
2007) (SR-NASDAQ-2007-031) (approving a rule change to allow a
company that transfers its listing to Nasdaq to retain its three-
character symbol)..
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The Commission requests comment on the change in Amendment No. 1
regarding the portability of a three-character symbol to a new listing
market when an issuer transfers its listing. When an issuer moves its
listing to a new listing market, should either the former listing
market or the new listing market retain the right to use the issuer's
symbol? How would awarding the rights to the symbol to the former
listing market affect competition? How would awarding such rights to
the new listing market affect competition? Finally, the Commission
requests comment on whether one- and two-character symbols should be
subject to the same portability process as three-character symbols.
C. Covered Symbols
The proposed Three-Characters Plan originally stated that the plan
was intended to be the exclusive means of allocating and using symbols
of one-, two-, or three-characters, and none of such one-, two-, or
three-character symbols were to be allocated or used for securities
other than those reflected on ``Network A'' or ``Network B'' as those
terms are defined in the Consolidated Tape Association Plan (``CTA
Plan'').\10\ The original Three-Characters Plan also stated that its
Symbol Reservation System would cover the allocation of all
[[Page 4647]]
symbols used to common stocks, other securities or other information
disseminated to the public through the facilities operated by, or
pursuant to, among other plans, the Options Price Reporting Authority
(``OPRA''). Amendment No. 1 amends Section I(b) of the proposed Three-
Characters Plan to state that the proposed plan is intended to be the
exclusive means of allocating and using symbols of one-, two-, or
three-characters for, among other securities, options under OPRA. In
addition, Amendment No. 1 revises Section I(b) of the Three-Characters
Plan to state that, in the case of ``listed equity securities'' (as
Rule 600(b)(34) of Regulation NMS defines that term) no one-, two-, or
three-character symbols would be allocated or used other than for
``Network A'' or ``Network B'' ``Eligible Securities.''
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\10\ See Section I(b) of the original Three-Characters Plan.
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The Commission requests comment on the amended provision regarding
the proposed Three-Characters Plan's scope. In particular, the
Commission requests comment on whether it is appropriate that the
proposed scope of the Three-Characters Plan include options. Should the
Commission approve a plan solely covering equity security symbols or
should both equity and option security symbols be covered? Are there
other matters with respect to the scope of the plans that commenters
believe the Commission should consider? In particular, should only root
symbols be covered or should suffixes be included as well?
D. Name of the Plan Administrator
Amendment No. 1 also made a number of minor, non-substantive
technical changes, including modifying the name for the plan
administrator. The proposed Three-Characters Plan originally referred
to the plan administrator as the ``International Symbols Reservation
Authority (``ISRA'').'' Amendment No. 1 renamed the authority the
``Intermarket Symbols Reservation Authority (``ISRA'').'' The
Commission requests comment on the name of the plan administrator.
III. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed
Amendment No. 1 is consistent with the Act. The Commission invites
comments on whether the foregoing assures fair competition among all
parties, including new listing markets. Comments may be submitted by
any of the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number 4-534 on the subject line.
Paper Comments
Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number 4-534. The file numbers
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 (https://www.sec.gov/rules/sro/
nms.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed plans that are filed
with the Commission, and all written communications relating to the
proposed plans 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, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such 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 4-534 and should be submitted on or before
February 15, 2008.
By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E8-1255 Filed 1-24-08; 8:45 am]
BILLING CODE 8011-01-P