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, 729-730 [E9-11]

Download as PDF Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices 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 https:// 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 VerDate Nov<24>2008 16:10 Jan 06, 2009 Jkt 217001 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 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 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). 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) (File No. 4–533). 2 17 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 729 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 (https://www.sec.gov/ rules/sro.shtml); or 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 IV(a) of the Plan. 7 17 CFR 242.608(b)(3)(iii). 8 17 CFR 242.608(b)(1). E:\FR\FM\07JAN1.SGM 07JAN1 730 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices • 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 (https://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 (https:// 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. 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 A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change No written comments were solicited or received with respect to 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 3 See 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). 1 15 9 17 CFR 200.30–3(a)(12). VerDate Nov<24>2008 16:10 Jan 06, 2009 2 17 Jkt 217001 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\07JAN1.SGM 07JAN1

Agencies

[Federal Register Volume 74, Number 4 (Wednesday, January 7, 2009)]
[Notices]
[Pages 729-730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11]


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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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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) (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 IV(a) of the Plan.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \7\ 17 CFR 242.608(b)(3)(iii).
    \8\ 17 CFR 242.608(b)(1).
---------------------------------------------------------------------------

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 (https://
www.sec.gov/rules/sro.shtml); or

[[Page 730]]

     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 (https://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\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E9-11 Filed 1-6-09; 8:45 am]
BILLING CODE 8011-01-P
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