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 Securities and Exchange Commission [Release No. 34-61482; File No. SR-NYSEArca-2010-06]
 Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),[1]
                    
                     and Rule 19b-4 thereunder,[2]
                    
                     notice is hereby given that on January 28, 2010, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. 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 The Exchange proposes to designate 75 options classes to be added to the Penny Pilot Program for Options (“Penny Pilot” or “Pilot”) on February 1, 2010. There are no changes to the rule text. A copy of this filing is available on the Exchange's Web site at 
                    *http://www.nyse.com,*
                     at the Exchange's principal office, at the Commission's Public Reference Room and on the Commission's Web site at 
                    *http://www.sec.gov.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization 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 those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, 
                    ( print page 6757)
                    set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose NYSE Arca proposes to identify the next 75 options classes to be added to the Penny Pilot effective February 1, 2010. The Exchange recently received approval to extend and expand the Pilot through December 31, 2010.[3]
                    
                     In that filing, the Exchange had proposed expanding the Pilot on a quarterly basis to add the next 75 most actively traded multiply listed options classes based on national average daily volume for the six months prior to selection, closing under $200 per share on the Expiration Friday prior to expansion, except that the month immediately preceding their addition to the Penny Pilot will not be used for the purpose of the six month analysis.[4] NYSE Arca proposes adding the following 75 options classes to the Penny Pilot on February 1, 2010, based on national average daily volume from July 1, 2009 through December 31, 2009: Nat'l ranking
Symbol
Company name
Nat'l ranking
Symbol
Company name131
ABT
Abbott Laboratories
192
LEAP
Leap Wireless International Inc.169
AEM
Agnico-Eagle Mines Ltd
205
LLY
Eli Lilly & Co.151
AET
Aetna Inc
162
LO
Lorillard Inc.156
AFL
Aflac Inc
152
LOW
Lowe's Cos Inc.181
AKAM
Akamai Technologies Inc
176
M
Macy's Inc.178
AMAT
Applied Materials Inc
155
MCO
Moody's Corp.117
AMR
AMR Corp
217
MET
MetLife Inc.166
ANF
Abercrombie & Fitch Co
187
MMM
3M Co.172
APC
Anadarko Petroleum Corp
140
MU
Micron Technology Inc.209
ATVI
Activision Blizzard Inc
177
NUE
Nucor Corp.145
BBD
Banco Bradesco SA
157
OXY
Occidental Petroleum Corp.190
BCRX
BioCryst Pharmaceuticals Inc
158
PARD
Poniard Pharmaceuticals Inc.218
BK
Bank of New York Mellon Corp/The
150
PEP
PepsiCo Inc/NC.194
BRCM
Broadcom Corp
141
PM
Philip Morris International Inc.184
BTU
Peabody Energy Corp
185
PNC
PNC Financial Services Group Inc.144
BX
Blackstone Group LP
216
QID
ProShares UltraShort QQQ.200
CAL
Continental Airlines Inc
149
SHLD
Sears Holdings Corp.211
CF
CF Industries Holdings Inc
175
SLM
SLM Corp.142
CMCSA
Comcast Corp
212
SLW
Silver Wheaton Corp.203
CSX
CSX Corp
215
SQNM
Sequenom Inc.143
CVS
CVS Caremark Corp
153
STEC
STEC Inc.174
CX
Cemex SAB de CV
219
STX
Seagate Technology.183
DD
EI du Pont de Nemours & Co
202
SU
Suncor Energy Inc.146
ERTS
Electronic Arts Inc
207
TCK
Teck Resources Ltd.121
EWJ
iShares MSCI Japan Index Fund
196
TEVA
Teva Pharmaceutical Industries Ltd.186
FDX
FedEx Corp
135
TLT
iShares Barclays 20+ Year Treasury Bond Fund.118
FNM
Federal National Mortgage Association
214
TZA
Direxion Daily Small Cap Bear 3X Shares.182
FRE
Federal Home Loan Mortgage Corp
168
UAUA
UAL Corp.179
GILD
Gilead Sciences Inc
154
URE
ProShares Ultra Real Estate.198
GLW
Corning Inc
180
UTX
United Technologies Corp.170
HBC
HSBC Holdings PLC
204
WFR
MEMC Electronic Materials Inc.197
HES
Hess Corp
115
WFT
Weatherford International Ltd.161
HL
Hecla Mining Co
165
WLP
WellPoint Inc.193
HOG
Harley-Davidson Inc
191
XLB
Materials Select Sector SPDR Fund.206
HON
Honeywell International Inc
173
XRX
Xerox Corp.210
JOYG
Joy Global Inc
148
XTO
XTO Energy Inc.213
JWN
Nordstrom Inc
130
YRCW
YRC Worldwide Inc.137
KFT
Kraft Foods Inc
 2. Statutory Basis The Exchange believes the proposed rule change is consistent with and furthers the objectives of Section 6(b)(5) of the Act, in that it is designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanisms of a free and open market and a national market system and, in general, to protect investors and the public interest, by identifying the options classes to be added to the Pilot in a manner consistent with prior approvals and filings. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not 
                    ( print page 6758)
                    necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The proposed rule change is effective upon filing pursuant to Section 19(b)(3)(A)(i) of the Exchange Act [5]
                    
                     and Rule 19b-4(f)(1) thereunder,[6]
                    
                     in that it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule of the Exchange. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would otherwise further the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change 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 SR-NYSEArca-2010-06 on the subject line. Paper Comments Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2010-06. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (
                    *http://www.sec.gov/​rules/​sro.shtml*). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web 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 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at NYSE Arca's principal office and on its Web site at 
                    *http://www.nyse.com.*
                     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 No. SR-NYSEArca-2010-06 and should be submitted on or before March 3, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[7] Florence E. Harmon, Deputy Secretary.


# Footnotes

1.
    
                         15 U.S.C. 78s(b)(1). Back to Citation
 2.
    
                         17 CFR 240.19b-4. Back to Citation
 3.
    
                         
                        *See*
                         Exchange Act Release No. 60711 (September 23, 2009), 74 FR 49419 (September 28, 2009) (order approving SR-NYSEArca-2009-44). Back to Citation
 4.
    
                         Index products would be included in the expansion if the underlying index level was under 200. Back to Citation
 5.
    
                         15 U.S.C. 78s(b)(3)(A)(i). Back to Citation
 6.
    
                         17 CFR 240.19b-4(f)(1). Back to Citation
 7.
    
                             17 CFR 200.30-3(a)(12). Back to Citation


[FR Doc. 2010-2953 Filed 2-9-10; 8:45 am] BILLING CODE 8011-01-P