Joint Industry Plan; Notice of Filing and Immediate Effectiveness of an Amendment to the National Market System Plan for the Selection and Reservation of Securities Symbols To Add the International Securities Exchange, LLC as a Party Thereto, 74538-74539 [E8-28958]

Download as PDF mstockstill on PROD1PC66 with NOTICES 74538 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices request for extension of the previously approved collection of information discussed below. Rule 498 of the Securities Act of 1933 (17 CFR 230.498) permits open-end management investment companies (or a series of an investment company organized as a series company, which offers one or more series of shares representing interests in separate investment portfolios) (‘‘funds’’) to provide investors with a ‘‘profile’’ that contains a summary of key information about a fund, including the fund’s investment objectives, strategies, risks and performance, and fees, in a standardized format. The profile provides investors the option of buying fund shares based on the information in the profile or reviewing the fund’s prospectus before making an investment decision. Investors purchasing shares based on a profile receive the fund’s prospectus prior to or with confirmation of their investment in the fund. Consistent with the filing requirement of a fund’s prospectus, a profile must be filed with the Commission thirty days before first use. Such a filing allows the Commission to review the profile for compliance with Rule 498. Compliance with the rule’s standardized format assists investors in evaluating and comparing funds. It is estimated that approximately 16 initial profiles and 274 updated profiles are filed with the Commission annually. The Commission estimates that each profile contains on average 1.25 portfolios, resulting in 20 portfolios filed annually on initial profiles and 343 portfolios filed annually on updated profiles. The number of burden hours for preparing and filing an initial profile per portfolio is 25. The number of burden hours for preparing and filing an updated profile per portfolio is 10. The total burden hours for preparing and filing initial and updated profiles under Rule 498 is 3,930, representing an increase of 749 hours from the prior estimate of 3,181. The increase in burden hours is attributable to the higher number of profiles actually prepared and filed as compared to the previous estimates. The estimates of average burden hours are made solely for the purposes of the Act and are not derived from a comprehensive or even representative survey or study of the cost of Commission rules and forms. The collection of information under Rule 498 is required to obtain a benefit. The information provided by Rule 498 is not kept confidential. An agency may not conduct or sponsor, and a person is not required to respond to, a collection VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 of information unless it displays a currently valid control number. Please direct general comments regarding the above information to the following persons: (i) Desk Officer for the Securities and Exchange Commission, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503 or e-mail to: nfraser@omb.eop.gov; and (ii) Lewis W. Walker, Acting Director/ CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of this notice. Dated: December 1, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–28909 Filed 12–5–08; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. business issuers under the Securities Exchange Act of 1934 (15 U.S.C. 78l, 78m, 78n, 78o(d)). Regulation S–B is assigned one burden hour for administrative convenience. Regulation S–B will expire on March 15, 2009. Written comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to Lewis W. Walker, Acting Director/ CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312; or send an e-mail to: PRA_Mailbox@sec.gov. Dated: December 1, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–28953 Filed 12–5–08; 8:45 am] Extension: Regulation S–B, OMB Control No. 3235– 00417, SEC File No. 270–370. BILLING CODE 8011–01–P Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Regulation S–B (17 CFR 228.10, 228.101–228.103, 228.201–228.202, 228.303–228.308, 228.310, 228.401– 228.407, 228.501–228.512, 228.601, 228.701–228.703) specifies the nonfinancial disclosure requirements applicable to registration statements under the Securities Act of 1933 (15 U.S.C. 77a et seq.) and registration statements under Section 12, annual and other reports under Section 13 and 15(d), going-private transaction statements under Section 13, tender offer statements under Section 13 and 14, annual reports to security holders and proxy and information statements under Section 14 and any other documents required to be filed by small SECURITIES AND EXCHANGE COMMISSION PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 [Release No. 34–59024; File No. 4–533] Joint Industry Plan; Notice of Filing and Immediate Effectiveness of an Amendment to the National Market System Plan for the Selection and Reservation of Securities Symbols To Add the International Securities Exchange, LLC as a Party Thereto November 26, 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 November 18, 2008, the International Securities Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) 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 1 15 U.S.C. 78k–1(a)(3). CFR 242.608. 3 On November 6, 2008, the Commission approved the Symbology Plan that was originally 2 17 E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices amendment proposes to add ISE as a party to the Symbology Plan. The Commission is publishing this notice to solicit comments on the proposed amendment from interested persons. to, and perfect the mechanisms of, a national market system or otherwise in furtherance of the purposes of the Act. I. Description and Purpose of the Amendment The current parties to the Symbology Plan are CHX, Nasdaq, FINRA, NSX, and Phlx. The proposed amendment to the Symbology Plan would add ISE as a party to the Symbology Plan. A selfregulatory 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,4 in accordance with rules approved by the Commission, which securities are identified by one, two, three, four, or five character symbols; (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. ISE 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. 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: mstockstill on PROD1PC66 with NOTICES II. Effectiveness of the Proposed Symbology Plan Amendment The foregoing proposed Symbology Plan amendment has become effective pursuant to Rule 608(b)(3)(iii) 5 because it involves solely technical or ministerial matters. At any time within sixty days of the filing of this amendment, the Commission may summarily abrogate the amendment and require that it be refiled pursuant to paragraph (b)(1) of Rule 608,6 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 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’’)),4 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). 4 ‘‘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. 5 17 CFR 242.608(b)(3)(iii). 6 17 CFR 242.608(b)(1). VerDate Aug<31>2005 16:32 Dec 05, 2008 Jkt 217001 III. Solicitation of Comments Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • 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 December 29, 2008. PO 00000 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Florence E. Harmon, Acting Secretary. [FR Doc. E8–28958 Filed 12–5–08; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, that the Securities and Exchange Commission will hold a Closed Meeting on Tuesday, December 9, 2008 at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Walter, as duty officer, voted to consider the items listed for the Closed Meeting in closed session. The subject matter of the Closed Meeting scheduled for Tuesday, December 9, 2008 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Consideration of amicus participation; and Other matters relating to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551–5400. Dated: December 2, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–28885 Filed 12–5–08; 8:45 am] BILLING CODE 8011–01–P 7 17 Frm 00088 Fmt 4703 Sfmt 4703 74539 E:\FR\FM\08DEN1.SGM CFR 200.30–3(a)(12). 08DEN1

Agencies

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74538-74539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28958]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59024; File No. 4-533]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of an Amendment to the National Market System Plan for the Selection 
and Reservation of Securities Symbols To Add the International 
Securities Exchange, LLC as a Party Thereto

November 26, 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 November 18, 2008, the International Securities Exchange, LLC 
(``ISE'' or ``Exchange'') 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

[[Page 74539]]

amendment proposes to add ISE 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'')),4 
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 CHX, Nasdaq, FINRA, 
NSX, and Phlx. The proposed amendment to the Symbology Plan would add 
ISE 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,\4\ in accordance with rules 
approved by the Commission, which securities are identified by one, 
two, three, four, or five character symbols; (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.
---------------------------------------------------------------------------

    \4\ ``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.
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    ISE 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) \5\ because it involves 
solely technical or ministerial matters. At any time within sixty days 
of the filing of this amendment, the Commission may summarily abrogate 
the amendment and require that it be refiled pursuant to paragraph 
(b)(1) of Rule 608,\6\ 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.
---------------------------------------------------------------------------

    \5\ 17 CFR 242.608(b)(3)(iii).
    \6\ 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 rule-comments@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 December 29, 2008.

    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,
Acting Secretary.
 [FR Doc. E8-28958 Filed 12-5-08; 8:45 am]
BILLING CODE 8011-01-P