Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 26313 

5 15 U.S.C. 78s(b)(3)(A)(i). 

6 17 CFR 240.19b-4(f)(1). 

7 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

Nat’l 

ranking Symbol Security name Nat’l ranking Symbol Security name 

237 ....... COST Costco Wholesale Corp. 288 ...... KBH KB Home. 

239 ....... MJN Mead Johnson Nutrition Co. 289 ...... CREE Cree Inc. 

240 ....... ALL Allstate Corp/The. 290 ...... SIRI Sirius XM Radio Inc. 

241 ....... SII Smith International Inc. 291 ...... MMR McMoRan Exploration Co. 

242 ....... RTN Raytheon Co. 292 ...... CENX Century Aluminum Co. 

243 ....... DVN Devon Energy Corp. 293 ...... GFI Gold Fields Ltd. 

244 ....... MT ArcelorMittal. 

2. Statutory Basis 

The Exchange believes that 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 

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 rulecomments@sec.gov. Please include File 

Number SR–NYSEAmex-2010–42 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–NYSEAmex-2010–42. 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 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 

a.m. and 3 p.m. Copies of such filing 

also will be available for inspection and 

copying at NYSE Amex’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– 

NYSEAmex–2010–42 and should be 

submitted on or before June 1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–11134 Filed 5–10–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62039; File No. SR–BX– 

2010–032] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Add 75 

Classes to the Penny Pilot Program 

May 5, 2010. 

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 April 27, 

2010, NASDAQ OMX BX, Inc. (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 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 

NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) proposes to designate 75 

options classes to be added to the Penny 

Pilot Program, as referenced in Chapter 

V, Section 33 of the Rules of the Boston 

Options Exchange Group, LLC (‘‘BOX’’). 


emcdonald on DSK2BSOYB1PROD with NOTICES
26314 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 

3The Commission notes that the text of the 

proposed Regulatory Circular is attached at Exhibit 

2 to the Form 19b–4, but is not attached to this 

Notice. 4See Securities and Exchange Act Release No. 

60886 (October 27, 2009), 74 FR 56897 (November 

3, 2009) (SR–BX–2009–067). This proposal was 

effective immediately upon filing. 

5The quarterly additions will be effective on 

November 2, 2009, February 1, 2010, May 3, 2010 

and August 2, 2010, respectively. For purposes of 

identifying the classes to be added per quarter, the 

Exchange shall use data from the prior six calendar 

months preceding the implementation month, 

except that the month immediately preceding their 

addition to the Pilot would not be utilized for 

purposes of the six month analysis. For example, 

the quarterly additions to be added on May 3, 2010 

shall be determined using data from the six month 

period ending March 31, 2010. The Exchange has 

filed two (2) previous proposals similar to the 

present proposal, for the November 2, 2009 and 

February 1, 2010 expansions of 75 classes, 

respectively. See Securities and Exchange Act 

Release Nos. 60950 (November 6, 2009), 74 FR 

58666 (November 6, 2009) (SR–BX–2009–069) and 

61456 (February 1, 2010), 75 FR 6235 (February 8, 

2010) (SR–BX–2010–011). These proposals were 

effective immediately upon filing. 

6The threshold for designation as ‘‘high priced’’ 

at the time of selection of new classes to be 

included in the Penny Pilot Program is $200 per 

share or a calculated index value of 200. The 

determination of whether a security is trading above 

$200 or above a calculated index value of 200 shall 

be based on the price at the close of trading on the 

Expiration Friday prior to being added to the Penny 

Pilot Program. 

The Exchange intends to notify BOX 

Options Participants of the classes to be 

added to the Penny Pilot Program via 

Regulatory Circular. The text of the 

proposed Regulatory Circular is 

attached as Exhibit 2.3

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 these statements may be examined at 

the places specified in Item IV below. 

The self-regulatory organization has 

prepared summaries, set forth in 

Sections A, B, and C below, of the most 

significant aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

On October 19, 2009 the Exchange 

submitted a proposed rule change 4 with 

the Securities and Exchange 

Commission (‘‘Commission’’) to, among 

other things, expand the number of 

classes included in the Penny Pilot 

Program over four successive quarters, 

with 75 classes added in each of 

November 2009, February 2010, May 

2010, and August 2010.5 Options classes 

with high premiums will be excluded 

for the quarterly additions.6

Based on trading activity for the six 

months ending March 31, 2010, the 

Exchange proposes to add the following 

75 classes to the Penny Pilot Program on 

May 3, 2010: 

Symbol Company name Symbol Company name 

XLV ................. Health Care Select Sector SPDR Fund. JCP ................ JC Penney Co Inc. 

CIEN ............... Ciena Corp. ACL ................ Alcon Inc. 

AMLN .............. Amylin Pharmaceuticals Inc. STP ................ Suntech Power Holdings Co Ltd. 

CTIC* .............. Cell Therapeutics Inc. TLB ................ Talbots Inc. 

MDT ................ Medtronic Inc. SYMC ............ Symantec Corp. 

TIVO ................ TiVo Inc. AMED ............ Amedisys Inc. 

MNKD* ............ MannKind Corp. TM .................. Toyota Motor Corp. 

MDVN ............. Medivation Inc. HK .................. Petrohawk Energy Corp. 

BRKB .............. Berkshire Hathaway Inc. ENER ............. Energy Conversion Devices Inc. 

APOL .............. Apollo Group Inc. STT ................ State Street Corp. 

BSX ................. Boston Scientific Corp. BHP ............... BHP Billiton Ltd. 

XLY ................. Consumer Discretionary Sel. Sec. SPDR Fund. NFLX .............. NetFlix Inc. 

CLF ................. Cliffs Natural Resources Inc. LDK ................ LDK Solar Co Ltd. 

ZION ............... Zions Bancorporation. SPG ............... Simon Property Group Inc. 

IOC .................. InterOil Corp. TIF ................. Tiffany & Co. 

ITMN ............... InterMune Inc. BUCY ............. Bucyrus International Inc. 

GME ................ GameStop Corp. WAG .............. Walgreen Co. 

XLK ................. Technology Select Sector SPDR Fund. IP ................... International Paper Co. 

AKS ................. AK Steel Holding Corp. XME ............... SPDR S&P Metals & Mining ETF. 

GRMN ............. Garmin Ltd. KGC ............... Kinross Gold Corp. 

MRVL .............. Marvell Technology Group Ltd. EP .................. El Paso Corp. 

XLP ................. Consumer Staples Select Sector SPDR Fund. SEED ............. Origin Agritech Ltd. 

UNP ................ Union Pacific Corp. WIN ................ Windstream Corp. 

DTV ................. DIRECTV. DHI ................. DR Horton Inc. 

WMB ............... Williams Cos Inc/The. ADBE ............. Adobe Systems Inc. 

MEE ................ Massey Energy Co. PCX ............... Patriot Coal Corp. 

CELG .............. Celgene Corp. SPWRA .......... SunPower Corp. 

GMCR ............. Green Mountain Coffee Roasters Inc. LCC ................ US Airways Group Inc. 

WDC ............... Western Digital Corp. PRU ............... Prudential Financial Inc. 

DAL ................. Delta Air Lines Inc. LEN ................ Lennar Corp. 

FXE ................. CurrencyShares Euro Trust. EWT ............... iShares MSCI Taiwan Index Fund. 

COST .............. Costco Wholesale Corp. KBH ............... KB Home. 

MJN ................. Mead Johnson Nutrition Co. CREE ............. Cree Inc. 

ALL .................. Allstate Corp/The. SIRI 7 .............. Sirius XM Radio Inc. 

SII .................... Smith International Inc. MMR .............. McMoRan Exploration Co. 

RTN ................. Raytheon Co. CENX ............. Century Aluminum Co. 

DVN ................ Devon Energy Corp. GFI ................. Gold Fields Ltd. 

MT ................... ArcelorMittal. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 26315 

7Please note that the class is presently not listed 

for trading on BOX. If the class is listed for trading 

on BOX at a later date it will be subject to the 

applicable minimum trading increments as set forth 

in Chapter V, Section 6(b) of the BOX Rules. 

8 15 U.S.C. 78f(b). 

9 15 U.S.C. 78f(b)(5). 

10 15 U.S.C. 78s(b)(3)(A)(i). 

11 17 CFR 240.19b–4(f)(1). 12 17 CFR 200.30–3(a)(12). 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,8

in general, and Section 6(b)(5) of the 

Act,9 in particular, in that it is designed 

to foster cooperation and coordination 

with persons engaged in regulating, 

clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, to 

remove impediments to and perfect the 

mechanism for 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 added to the Penny Pilot 

Program in a manner consistent with 

prior rule changes. 

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 not 

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 

The Exchange has neither solicited 

nor received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(i) of the Exchange Act 10 and 

Rule 19b–4(f)(1) thereunder,11 because 

it constitutes a stated policy, practice, or 

interpretation with respect to the 

meaning, administration, or 

enforcement of an existing BOX rule. 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 rulecomments@sec.gov. Please include File 

Number SR–BX–2010–032 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–BX–2010–032. 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 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 

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 No. SR–BX–2010– 

032 and should be submitted on or 

before June 1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–11133 Filed 5–10–10; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6997] 

In the Matter of the Designation of 

Nayif Bin-Muhammad al-Qahtani also 

known as Nayef Bin Muhammad alQahtani also known as Nayif 

Muhammad al-Qahtani also known as 

Nayf Mohammed al-Qahtani also 

known as Naif Mohammad Said alQahtani Alkodri also known as Naif 

Mohammed Saeed al-Kodari al-Qahtani 

also known as Nayef Bin Mohamed alKhatani also known as Mohammed 

Naif al-Khatani also known as Nayef 

bin Mohamed al-Khatany also known 

as Al-Qahtani Abohemem also known 

as Abi Hamam also known as AbuHamam also known as Abu Humam 

also known as Abu Hammam also 

knows as al-Qahtani as a Specially 

Designated Global Terrorist pursuant 

to Section 1(b) of Executive Order 

13224, as Amended 

Acting under the authority of and in 

accordance with section 1(b) of 

Executive Order 13224 of September 23, 

2001, as amended by Executive Order 

13268 of July 2, 2002, and Executive 

Order 13284 of January 23, 2003, I 

hereby determine that the individual 

known as Nayif Bin-Muhammad alQahtani and also known as Nayef Bin 

Muhammad al-Qahtani, also known as 

Nayif Muhammad al-Qahtani, also 

known as Nayf Mohammed al-Qahtani, 

also known as Naif Mohammad Said alQahtani Alkodri, also known as Naif 

Mohammed Saeed al-Kodari al-Qahtani, 

also known as Nayef Bin Mohamed alKhatani, also known as Mohammed Naif 

al-Khatani, also known as Nayef bin 

Mohamed al-Khatany, also known as AlQahtani Abohemem, also known as Abi 

Hamam, also known as Abu-Hamam, 

also known as Abu-Humam, also known 

as Abu-Hammam, also known as Abu 

Hammam al-Qahtani committed, or 

poses a significant risk of committing, 

acts of terrorism that threaten the 

security of U.S. nationals or the national 

security, foreign policy, or economy of 

the United States. 

Consistent with the determination in 

section 10 of Executive Order 13224 that 

‘‘prior notice to persons determined to 

be subject to the Order who might have 

a constitutional presence in the United 

States would render ineffectual the 

blocking and other measures authorized 

in the Order because of the ability to 

transfer funds instantaneously,’’ I 

determine that no prior notice needs to 

be provided to any person subject to this 

determination who might have a 

constitutional presence in the United 

States, because to do so would render 


emcdonald on DSK2BSOYB1PROD with NOTICES