81 FR 8264 - Joint Industry Plan; Notice of Filing of Amendment No. 3 to the National Market System Plan for the Selection and Reservation of Securities Symbols Submitted by Financial Industry Regulatory Authority, Inc., BATS Exchange, Inc., BOX Options Exchange, LLC, Chicago Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., International Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc., The Nasdaq Stock Market LLC, National Stock Exchange, Inc., New York Stock Exchange, LLC, NYSE MKT, LLC, and NYSE Arca, Inc.
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 32 (February 18, 2016)
Federal Register Volume 81, Issue 32 (February 18, 2016)
| Page Range | 8264-8265 | |
| FR Document | 2016-03275 |
[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)] [Notices] [Pages 8264-8265] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03275] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77123; File No. 4-533] Joint Industry Plan; Notice of Filing of Amendment No. 3 to the National Market System Plan for the Selection and Reservation of Securities Symbols Submitted by Financial Industry Regulatory Authority, Inc., BATS Exchange, Inc., BOX Options Exchange, LLC, Chicago Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., International Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc., The Nasdaq Stock Market LLC, National Stock Exchange, Inc., New York Stock Exchange, LLC, NYSE MKT, LLC, and NYSE Arca, Inc. February 11, 2016. On August 24, 2015, Financial Industry Regulatory Authority, Inc. (``FINRA''), on behalf of the following parties to the National Market System Plan for the Selection and Reservation of Securities Symbols (the ``Plan''): BATS Exchange, Inc. (``BATS''), BOX Options Exchange, LLC (``BOX''), Chicago Board Options Exchange, Incorporated (``CBOE''), Chicago Stock Exchange, Inc. (``CHX''), EDGA Exchange, Inc. (``EDGA''), EDGX Exchange, Inc. (``EDGX''), FINRA, International Securities Exchange, LLC (``ISE''), NASDAQ OMX BX, Inc. (``BX''), NASDAQ OMX PHLX, Inc. (``Phlx''), The Nasdaq Stock Market LLC (``Nasdaq''), National Stock Exchange, Inc. (``NSX''), New York Stock Exchange, LLC (``NYSE''), NYSE MKT, LLC (``NYSE MKT''), and NYSE Arca, Inc. (``NYSE Arca'') (collectively with FINRA, the ``Parties''), filed with the Securities and Exchange Commission (``Commission''), pursuant to Section 11A of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 608 thereunder,\2\ a proposal to amend the Plan.\3\ The proposal represents the third substantive amendment to the Plan (``Amendment'') and reflects changes unanimously approved by the Parties.\4\ The Amendment to the Plan proposes to revise Section IV(d) of the Plan (Reuse of a Symbol) to provide that, where a Party ceases to use a symbol, such party may elect to release the symbol and that such symbol may not be reused to identify a new security (other than the security that has been trading under such symbol) within 90 calendar days from the last day of its use to identify the old security, without the consent of the Party that released the symbol. In addition, a Party may not reuse (or consent to the reuse of) a symbol to identify a new security unless such Party reasonably determines that such use would not cause investor confusion. The Commission is publishing this notice to solicit comments from interested persons on the Amendment to the Plan.\5\ --------------------------------------------------------------------------- \1\ 15 U.S.C. 78k-1. \2\ 17 CFR 242.608. \3\ The Plan provides an orderly process for Parties to reserve available ticker symbols for equity securities. Specifically, each party to the Plan may reserve a set number of 1-, 2-, or 3-character symbols and a set number of 4- or 5-character symbols. In the case of 1-, 2-, or 3-character symbols, each party may reserve up to 20 symbols perpetually (i.e., without a time limit on the reservation) as ``List A reservations,'' and 1,500 symbols for 24 months (i.e., with a 24-month expiration on the reservation) as ``List B reservations.'' Each party also may reserve the same number of symbols on a separate ``List A'' and a separate ``List B'' for 4- or 5-character symbols. \4\ On November 6, 2008, the Commission approved the Symbology Plan that was originally proposed by the CHX, Nasdaq, FINRA, NSX, and Phlx, subject to certain changes. See Securities Exchange Act Release No. 58904, 73 FR 67218 (November 13, 2008) (File No. 4-533). On November 18, 2008, the ISE, and on December 22, 2008, NYSE, NYSE Arca, NYSE MKT (f/k/a ``NYSE Alternext US, LLC'') and CBOE, and on December 24, 2008, NASDAQ OMX BX, filed amendments to join the Plan, which amendments became immediately effective upon filing. See Securities Exchange Act Release No. 59024 (November 26, 2008), 73 FR 74538 (December 8, 2008) (File No. 4-533) (ISE filing to join the Plan); Securities Exchange Act Release No. 59162 (December 24, 2008), 74 FR 132 (January 2, 2009) (File No. 4-533) (NYSE, NYSE Arca, NYSE Alternext US LLC and CBOE filing to join the Plan); and Securities Exchange Act Release No. 59187 (December 30, 2008), 74 FR 729 (January 7, 2009) (File No. 4-533) (NASDAQ OMX BX filing to join the Plan). On January 5, 2009 and March 6, 2009, the Parties amended the plan to modify certain effective dates in the Plan, which amendments became immediately effective upon filing. See Securities Exchange Act Release No. 59225 (January 9, 2009), 73 FR 3117 (January 16, 2009) (File No. 4-533) (Amendment No. 1); and Securities Exchange Act Release No. 59574 (March 13, 2009), 74 FR 11981 (March 20, 2009) (File No. 4-533) (Amendment No. 2). On September 30, 2009, BATS, on July 7, 2010, EDGA and EDGX, and on May 7, 2012, BOX, filed amendments to join the Plan, which amendments became immediately effective upon filing. See Securities Exchange Act Release No. 60856 (October 21, 2009), 74 FR 55276 (October 27, 2009) (File No. 4-533) (BATS filing to join the Plan); Securities Exchange Act Release No. 62573 (July 26, 2010), 75 FR 45682 (August 3, 2010) (File No. 4-533) (EDGA and EDGX filing to join the Plan); and Securities Exchange Act Release No. 66957 (May 10, 2012), 77 FR 28904 (May 16, 2012) (File No. 4-533) (BOX filing to join the Plan). \5\ 17 CFR 242.608(b)(1). --------------------------------------------------------------------------- I. Description and Purpose of the Amendment The Plan was created to enhance the effectiveness and efficiency of the national market system and to provide for fair competition between the self-regulatory organizations (``SROs'') by establishing a uniform system for the selection and reservation of securities symbols. The Plan, among other things, sets forth the process for securing perpetual and limited-time reservations, the use of a waiting list, the right to reuse a symbol and the ability to request the release of a symbol. Under Section IV(d) of the current Plan, if a Party ceases to use a symbol, such Party automatically has that symbol reserved for a period of 24 months, notwithstanding any other limits on the number of reserved symbols specified in the Plan.\6\ However, in the event that the Party ceasing to use the symbol neither: (1) Places the symbol on its List A, or (2) uses the symbol within 24 months, the symbol is released for use pursuant to Section IV(b)(5) (Non-Use or Release of Symbols Within Time Period). In such cases, the symbol may be reused by a different Party to identify a new security in accordance with the procedures set forth in the Plan. Section IV(d) of the Plan provides that a symbol may not be reused by a Party to identify a new security unless the Party reasonably determines that such use would not cause investor confusion. Thus, even where a Party releases a symbol for reuse, such symbol may not be reused to identify a new security if such use would cause investor confusion in the judgment of the party seeking to reuse the symbol. --------------------------------------------------------------------------- \6\ Except that, pursuant to paragraph (f) of Section IV (Portability of Symbols in Use), if a new SRO lists a security or product that previously was listed on another SRO, the new SRO has the right to that symbol unless, in its discretion, it consents to the symbol being retained by the former SRO. --------------------------------------------------------------------------- The Parties are amending Section IV(d) of the Plan to clarify that, if a Party ceases use of a symbol, such Party may elect to release the symbol pursuant to paragraph (b)(5) of the Plan. If a Party does not release the symbol, such [[Page 8265]] symbol shall automatically be reserved for such Party for 24 months, as further described in the Plan. The proposed amendments further clarify that, if the Party does not place the symbol on List A or use the symbol within 24 months, the symbol shall be released for use pursuant to subparagraph (b)(5). The amendment also proposes a new requirement. Specifically, that where a symbol has become available for reuse by a new Party (e.g., where a Party releases a symbol), such symbol may not be reused to identify a new security (other than the security that has been trading under such symbol) within 90 calendar days from the last day of its use to identify the old security, without the consent of the Party that released the symbol pursuant to paragraph (b)(5) of Section IV. Thus, even where a symbol is not reserved for the Party most recently using the symbol, the amended Plan would continue to provide for a fair and orderly approach with regard to the reuse of the symbol. For example, the amendment would address situations where a Party had been using symbol WXYZ for a period of years to identify the security of a particular company and, following the dissolution of the company, symbol WXYZ is released by the Party that had been using it. Under the current Plan, the Party using WXYZ to identify the security of the dissolved company would have that symbol reserved for a period of 24 months, and, at any time within this 24-month period, pursuant to Section IV(b)(6) (Request for Release of a Symbol), any other Party may have requested the voluntary release of the symbol for reuse. The amendment to the Plan retains this same basic framework, but also explicitly addresses circumstances in which a Party does not reserve the symbol but elects to release the symbol pursuant to paragraph (b)(5), in which case the symbol becomes immediately available to be reused by another Party to identify a different security. Under the amendment to the Plan, at any time within 90 calendar days from the last day of its use to identify the old security, such symbol may not be reused to identify a new security unless the Party seeking to reuse the symbol obtains the consent of the Party that most recently released the symbol. The Party most recently releasing the symbol must reasonably determine that reuse would not cause investor confusion prior to providing its consent. As is the case today, at no time may a Party reuse a symbol unless the Party seeking the reuse also reasonably determines that such use would not cause investor confusion. In making a reasonable determination as to whether the reuse of a symbol would cause investor confusion, Parties would consider factors such as the level of recent activity in the old security, including trading frequency, volume and the number of market maker quotes. The Amendment also contains several technical and ministerial amendments. First, the Plan is being amended to update NSX's principal place of business from its former address of 440 South LaSalle Street, Suite 2600, Chicago, IL 60605 to its new address of 101 Hudson Street, Suite 1200, Jersey City, NJ 07302. This Amendment also reflects a name change by one of the Parties. Specifically, the ``NYSE Alternext US LLC'' is now called ``NYSE MKT LLC.'' Finally, the Parties also are amending the Plan to update the principal place of business for both EDGA and EDGX from its former address at 545 Washington Blvd., Jersey City, NJ 07310 to 8050 Marshall Drive, Lenexa, KS 66214. The Parties believe that the Amendment provides for a fair and orderly approach that would be applied consistently by all Parties to facilitate investor protection, does not disparately affect any single Party, and thus, does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. II. Implementation of Plan Amendment The Parties will implement the Amendment upon Commission approval. 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number 4-533 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, 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 email 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 Plan that are filed with the Commission, and all written communications relating to the Plan 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, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the Parties' principal offices. 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 March 10, 2016. By the Commission. Robert W. Errett, Deputy Secretary. [FR Doc. 2016-03275 Filed 2-17-16; 8:45 am] BILLING CODE 8011-01-P
![8264 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices
Total annual responses: 1. Securities and Exchange Commission the old security, without the consent of
Total annual reporting hours: 1. (‘‘Commission’’), pursuant to Section the Party that released the symbol. In
Additional Information or Comments: 11A of the Securities Exchange Act of addition, a Party may not reuse (or
Copies of the forms and supporting 1934 (‘‘Act’’) 1 and Rule 608 consent to the reuse of) a symbol to
documents can be obtained from Dana thereunder,2 a proposal to amend the identify a new security unless such
Hickman at (312) 751–4981 or Plan.3 The proposal represents the third Party reasonably determines that such
Dana.Hickman@RRB.GOV. substantive amendment to the Plan use would not cause investor confusion.
Comments regarding the information (‘‘Amendment’’) and reflects changes The Commission is publishing this
collection should be addressed to unanimously approved by the Parties.4 notice to solicit comments from
Charles Mierzwa, Railroad Retirement The Amendment to the Plan proposes to interested persons on the Amendment
Board, 844 North Rush Street, Chicago, revise Section IV(d) of the Plan (Reuse to the Plan.5
Illinois, 60611–2092 or of a Symbol) to provide that, where a
Charles.Mierzwa@RRB.GOV and to the I. Description and Purpose of the
Party ceases to use a symbol, such party
OMB Desk Officer for the RRB, Fax: Amendment
may elect to release the symbol and that
202–395–6974, Email address: OIRA_ such symbol may not be reused to The Plan was created to enhance the
Submission@omb.eop.gov. identify a new security (other than the effectiveness and efficiency of the
security that has been trading under national market system and to provide
Charles Mierzwa,
such symbol) within 90 calendar days for fair competition between the self-
Chief of Information Resources Management.
from the last day of its use to identify regulatory organizations (‘‘SROs’’) by
[FR Doc. 2016–03328 Filed 2–17–16; 8:45 am] establishing a uniform system for the
BILLING CODE 7905–01–P 1 15 selection and reservation of securities
U.S.C. 78k–1.
2 17 CFR 242.608. symbols. The Plan, among other things,
3 The Plan provides an orderly process for Parties
sets forth the process for securing
SECURITIES AND EXCHANGE to reserve available ticker symbols for equity perpetual and limited-time reservations,
COMMISSION securities. Specifically, each party to the Plan may
reserve a set number of 1-, 2-, or 3-character the use of a waiting list, the right to
[Release No. 34–77123; File No. 4–533] symbols and a set number of 4- or 5-character reuse a symbol and the ability to request
symbols. In the case of 1-, 2-, or 3-character the release of a symbol.
symbols, each party may reserve up to 20 symbols Under Section IV(d) of the current
Joint Industry Plan; Notice of Filing of perpetually (i.e., without a time limit on the
Amendment No. 3 to the National reservation) as ‘‘List A reservations,’’ and 1,500
Plan, if a Party ceases to use a symbol,
Market System Plan for the Selection symbols for 24 months (i.e., with a 24-month such Party automatically has that
and Reservation of Securities Symbols expiration on the reservation) as ‘‘List B symbol reserved for a period of 24
Submitted by Financial Industry reservations.’’ Each party also may reserve the same months, notwithstanding any other
number of symbols on a separate ‘‘List A’’ and a limits on the number of reserved
Regulatory Authority, Inc., BATS separate ‘‘List B’’ for 4- or 5-character symbols.
Exchange, Inc., BOX Options 4 On November 6, 2008, the Commission symbols specified in the Plan.6
Exchange, LLC, Chicago Board approved the Symbology Plan that was originally However, in the event that the Party
Options Exchange, Incorporated, proposed by the CHX, Nasdaq, FINRA, NSX, and ceasing to use the symbol neither: (1)
Phlx, subject to certain changes. See Securities Places the symbol on its List A, or (2)
Chicago Stock Exchange, Inc., EDGA Exchange Act Release No. 58904, 73 FR 67218
Exchange, Inc., EDGX Exchange, Inc., (November 13, 2008) (File No. 4–533). On
uses the symbol within 24 months, the
International Securities Exchange, November 18, 2008, the ISE, and on December 22, symbol is released for use pursuant to
LLC, NASDAQ OMX BX, Inc., NASDAQ 2008, NYSE, NYSE Arca, NYSE MKT (f/k/a ‘‘NYSE Section IV(b)(5) (Non-Use or Release of
Alternext US, LLC’’) and CBOE, and on December Symbols Within Time Period). In such
OMX PHLX, Inc., The Nasdaq Stock 24, 2008, NASDAQ OMX BX, filed amendments to
Market LLC, National Stock Exchange, join the Plan, which amendments became
cases, the symbol may be reused by a
Inc., New York Stock Exchange, LLC, immediately effective upon filing. See Securities different Party to identify a new security
NYSE MKT, LLC, and NYSE Arca, Inc. Exchange Act Release No. 59024 (November 26, in accordance with the procedures set
2008), 73 FR 74538 (December 8, 2008) (File No. forth in the Plan. Section IV(d) of the
February 11, 2016. 4–533) (ISE filing to join the Plan); Securities
Exchange Act Release No. 59162 (December 24,
Plan provides that a symbol may not be
On August 24, 2015, Financial 2008), 74 FR 132 (January 2, 2009) (File No. 4–533) reused by a Party to identify a new
Industry Regulatory Authority, Inc. (NYSE, NYSE Arca, NYSE Alternext US LLC and security unless the Party reasonably
(‘‘FINRA’’), on behalf of the following CBOE filing to join the Plan); and Securities determines that such use would not
parties to the National Market System Exchange Act Release No. 59187 (December 30,
2008), 74 FR 729 (January 7, 2009) (File No. 4–533)
cause investor confusion. Thus, even
Plan for the Selection and Reservation (NASDAQ OMX BX filing to join the Plan). On where a Party releases a symbol for
of Securities Symbols (the ‘‘Plan’’): January 5, 2009 and March 6, 2009, the Parties reuse, such symbol may not be reused
BATS Exchange, Inc. (‘‘BATS’’), BOX amended the plan to modify certain effective dates to identify a new security if such use
Options Exchange, LLC (‘‘BOX’’), in the Plan, which amendments became
immediately effective upon filing. See Securities
would cause investor confusion in the
Chicago Board Options Exchange, Exchange Act Release No. 59225 (January 9, 2009), judgment of the party seeking to reuse
Incorporated (‘‘CBOE’’), Chicago Stock 73 FR 3117 (January 16, 2009) (File No. 4–533) the symbol.
Exchange, Inc. (‘‘CHX’’), EDGA (Amendment No. 1); and Securities Exchange Act The Parties are amending Section
Exchange, Inc. (‘‘EDGA’’), EDGX Release No. 59574 (March 13, 2009), 74 FR 11981
(March 20, 2009) (File No. 4–533) (Amendment No.
IV(d) of the Plan to clarify that, if a Party
Exchange, Inc. (‘‘EDGX’’), FINRA, 2). On September 30, 2009, BATS, on July 7, 2010, ceases use of a symbol, such Party may
International Securities Exchange, LLC EDGA and EDGX, and on May 7, 2012, BOX, filed elect to release the symbol pursuant to
(‘‘ISE’’), NASDAQ OMX BX, Inc. amendments to join the Plan, which amendments paragraph (b)(5) of the Plan. If a Party
became immediately effective upon filing. See
mstockstill on DSK4VPTVN1PROD with NOTICES
(‘‘BX’’), NASDAQ OMX PHLX, Inc. does not release the symbol, such
Securities Exchange Act Release No. 60856 (October
(‘‘Phlx’’), The Nasdaq Stock Market LLC 21, 2009), 74 FR 55276 (October 27, 2009) (File No.
(‘‘Nasdaq’’), National Stock Exchange, 4–533) (BATS filing to join the Plan); Securities 5 17 CFR 242.608(b)(1).
Inc. (‘‘NSX’’), New York Stock Exchange Act Release No. 62573 (July 26, 2010), 75 6 Except that, pursuant to paragraph (f) of Section
Exchange, LLC (‘‘NYSE’’), NYSE MKT, FR 45682 (August 3, 2010) (File No. 4–533) (EDGA IV (Portability of Symbols in Use), if a new SRO
and EDGX filing to join the Plan); and Securities lists a security or product that previously was listed
LLC (‘‘NYSE MKT’’), and NYSE Arca, Exchange Act Release No. 66957 (May 10, 2012), 77 on another SRO, the new SRO has the right to that
Inc. (‘‘NYSE Arca’’) (collectively with FR 28904 (May 16, 2012) (File No. 4–533) (BOX symbol unless, in its discretion, it consents to the
FINRA, the ‘‘Parties’’), filed with the filing to join the Plan). symbol being retained by the former SRO.
VerDate Sep<11>2014 19:03 Feb 17, 2016 Jkt 238001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1](https://thefederalregister.org/doc/81_FR_8296/page/1.svg)
![Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Notices 8265
symbol shall automatically be reserved reasonable determination as to whether method. The Commission will post all
for such Party for 24 months, as further the reuse of a symbol would cause comments on the Commission’s Internet
described in the Plan. The proposed investor confusion, Parties would Web site (http://www.sec.gov/rules/
amendments further clarify that, if the consider factors such as the level of sro.shtml). Copies of the submission, all
Party does not place the symbol on List recent activity in the old security, subsequent amendments, all written
A or use the symbol within 24 months, including trading frequency, volume statements with respect to the Plan that
the symbol shall be released for use and the number of market maker quotes. are filed with the Commission, and all
pursuant to subparagraph (b)(5). The Amendment also contains several written communications relating to the
The amendment also proposes a new technical and ministerial amendments. Plan between the Commission and any
requirement. Specifically, that where a First, the Plan is being amended to person, other than those that may be
symbol has become available for reuse update NSX’s principal place of withheld from the public in accordance
by a new Party (e.g., where a Party business from its former address of 440 with the provisions of 5 U.S.C. 552, will
releases a symbol), such symbol may not South LaSalle Street, Suite 2600, be available for Web site viewing and
be reused to identify a new security Chicago, IL 60605 to its new address of printing in the Commission’s Public
(other than the security that has been 101 Hudson Street, Suite 1200, Jersey Reference Room, 100 F Street NE.,
trading under such symbol) within 90 City, NJ 07302. This Amendment also Washington, DC 20549 on official
calendar days from the last day of its reflects a name change by one of the business days between the hours of
use to identify the old security, without Parties. Specifically, the ‘‘NYSE 10:00 a.m. and 3:00 p.m. Copies of such
the consent of the Party that released the Alternext US LLC’’ is now called ‘‘NYSE filing also will be available for
symbol pursuant to paragraph (b)(5) of MKT LLC.’’ Finally, the Parties also are inspection and copying at the Parties’
Section IV. Thus, even where a symbol amending the Plan to update the principal offices. All comments received
is not reserved for the Party most principal place of business for both will be posted without change; the
recently using the symbol, the amended EDGA and EDGX from its former Commission does not edit personal
Plan would continue to provide for a address at 545 Washington Blvd., Jersey identifying information from
fair and orderly approach with regard to City, NJ 07310 to 8050 Marshall Drive, submissions. You should submit only
the reuse of the symbol. Lenexa, KS 66214. information that you wish to make
For example, the amendment would The Parties believe that the available publicly. All submissions
address situations where a Party had Amendment provides for a fair and should refer to File Number 4–533, and
been using symbol WXYZ for a period orderly approach that would be applied should be submitted on or before March
of years to identify the security of a consistently by all Parties to facilitate 10, 2016.
particular company and, following the investor protection, does not disparately
dissolution of the company, symbol By the Commission.
affect any single Party, and thus, does
WXYZ is released by the Party that had Robert W. Errett,
not impose any burden on competition
been using it. Under the current Plan, that is not necessary or appropriate in Deputy Secretary.
the Party using WXYZ to identify the furtherance of the purposes of the Act. [FR Doc. 2016–03275 Filed 2–17–16; 8:45 am]
security of the dissolved company BILLING CODE 8011–01–P
would have that symbol reserved for a II. Implementation of Plan Amendment
period of 24 months, and, at any time The Parties will implement the
within this 24-month period, pursuant Amendment upon Commission SECURITIES AND EXCHANGE
to Section IV(b)(6) (Request for Release approval. COMMISSION
of a Symbol), any other Party may have
requested the voluntary release of the III. Solicitation of Comments [Release No. 34–77118; File No. SR–
NYSEARCA–2016–04]
symbol for reuse. The amendment to the Interested persons are invited to
Plan retains this same basic framework, submit written data, views, and Self-Regulatory Organizations; NYSE
but also explicitly addresses arguments concerning the foregoing, Arca, Inc.; Notice of Filing and
circumstances in which a Party does not including whether the Amendment is Immediate Effectiveness of Proposed
reserve the symbol but elects to release consistent with the Act. Comments may Rule Change to the Co-Location
the symbol pursuant to paragraph (b)(5), be submitted by any of the following Services Offered by the Exchange To
in which case the symbol becomes methods: Include a Means for Co-Located Users
immediately available to be reused by To Receive the NASDAQ TotalView
another Party to identify a different Electronic Comments
Ultra Market Data Feed Through a
security. Under the amendment to the • Use the Commission’s Internet Wireless Connection and Reflect
Plan, at any time within 90 calendar comment form (http://www.sec.gov/ Changes to the NYSE Arca Equities
days from the last day of its use to rules/sro.shtml); or Schedule of Fees and Charges for
identify the old security, such symbol • Send an email to rule-comments@
Exchange Services and the Options
may not be reused to identify a new sec.gov. Please include File Number
Fee Schedule
security unless the Party seeking to 4–533 on the subject line.
reuse the symbol obtains the consent of Paper Comments February 11, 2016.
the Party that most recently released the Pursuant to Section 19(b)(1) 1 of the
symbol. The Party most recently • Send paper comments in triplicate Securities Exchange Act of 1934 (the
releasing the symbol must reasonably to Brent J. Fields, Secretary, Securities ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
and Exchange Commission, 100 F Street
mstockstill on DSK4VPTVN1PROD with NOTICES
determine that reuse would not cause notice is hereby given that, on February
investor confusion prior to providing its NE., Washington, DC 20549–1090. 2, 2016, NYSE Arca, Inc. (the
consent. All submissions should refer to File ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
As is the case today, at no time may Number 4–533. This file number should the Securities and Exchange
a Party reuse a symbol unless the Party be included on the subject line if email
seeking the reuse also reasonably is used. To help the Commission 1 15 U.S.C.78s(b)(1).
determines that such use would not process and review your comments 2 15 U.S.C. 78a.
cause investor confusion. In making a more efficiently, please use only one 3 17 CFR 240.19b–4.
VerDate Sep<11>2014 19:03 Feb 17, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1](https://thefederalregister.org/doc/81_FR_8296/page/2.svg)
Document Created: 2016-02-18 07:46:40
Document Modified: 2016-02-18 07:46:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 8264 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR