26312 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 

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

2 17 CFR 240.19b–4. 

3See Exchange Act Release No. 61106 (December 

3, 2009) FR 74–65193 (December 9, 2009) (order 

approving SR–NYSE Amex 2009–74). The 

Commission notes that this proposed rule change 

was submitted pursuant to Section 19(b)(3)(A)(iii) 

of the Act and was, therefore, effective upon filing. 

The Commission does not approve proposed rule 

changes submitted pursuant to this section of the 

Act. 

4 Index products would be included in the 

expansion if the underlying index level was under 

200. 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62041; File No. SR– 

NYSEAmex–2010–42] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Adding 75 Options 

Classes to the Penny Pilot Program 

May 5, 2010. 

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 April 28, 

2010, NYSE Amex LLC (‘‘NYSE Amex’’ 

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 identify the 

next 75 options classes to be added to 

the Penny Pilot Program for Options 

(‘‘Penny Pilot’’ or ‘‘Pilot’’) on May 3, 

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, 

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 Amex proposes to identify the 

next 75 options classes to be added to 

the Penny Pilot effective May 3, 2010. 

The Exchange recently filed 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 Amex proposes adding the 

following 75 options classes to the 

Penny Pilot on May 3, 2010, based on 

national average daily volume from 

October 1, 2009 through March 31, 

2010: 

Nat’l 

ranking Symbol Security name Nat’l ranking Symbol Security name 

153 ....... XLV Health Care Select Sector SPDR Fund. 247 ...... JCP JC Penney Co Inc. 

155 ....... CIEN Ciena Corp. 248 ...... ACL Alcon Inc. 

157 ....... AMLN Amylin Pharmaceuticals Inc. 249 ...... STP Suntech Power Holdings Co Ltd. 

158 ....... CTIC Cell Therapeutics Inc. 250 ...... TLB Talbots Inc. 

159 ....... MDT Medtronic Inc. 251 ...... SYMC Symantec Corp. 

162 ....... TIVO TiVo Inc. 253 ...... AMED Amedisys Inc. 

163 ....... MNKD MannKind Corp. 255 ...... TM Toyota Motor Corp. 

171 ....... MDVN Medivation Inc. 257 ...... HK Petrohawk Energy Corp. 

176 ....... BRKB Berkshire Hathaway Inc. 258 ...... ENER Energy Conversion Devices Inc. 

178 ....... APOL Apollo Group Inc. 259 ...... STT State Street Corp. 

181 ....... BSX Boston Scientific Corp. 260 ...... BHP BHP Billiton Ltd. 

185 ....... XLY Consumer Discretionary Sel. Sec. SPDR Fund. 261 ...... NFLX NetFlix Inc. 

188 ....... CLF Cliffs Natural Resources Inc. 262 ...... LDK LDK Solar Co Ltd. 

190 ....... ZION Zions Bancorporation. 263 ...... SPG Simon Property Group Inc. 

194 ....... IOC InterOil Corp. 264 ...... TIF Tiffany & Co. 

197 ....... ITMN InterMune Inc. 265 ...... BUCY Bucyrus International Inc. 

204 ....... GME GameStop Corp. 266 ...... WAG Walgreen Co. 

209 ....... XLK Technology Select Sector SPDR Fund. 268 ...... IP International Paper Co. 

210 ....... AKS AK Steel Holding Corp. 271 ...... XME SPDR S&P Metals & Mining ETF. 

212 ....... GRMN Garmin Ltd. 272 ...... KGC Kinross Gold Corp. 

213 ....... MRVL Marvell Technology Group Ltd. 273 ...... EP El Paso Corp. 

215 ....... XLP Consumer Staples Select Sector SPDR Fund. 274 ...... SEED Origin Agritech Ltd. 

216 ....... UNP Union Pacific Corp. 275 ...... WIN Windstream Corp. 

220 ....... DTV DIRECTV. 279 ...... DHI DR Horton Inc. 

223 ....... WMB Williams Cos Inc/The. 280 ...... ADBE Adobe Systems Inc. 

225 ....... MEE Massey Energy Co. 281 ...... PCX Patriot Coal Corp. 

227 ....... CELG Celgene Corp. 282 ...... SPWRA SunPower Corp. 

229 ....... GMCR Green Mountain Coffee Roasters Inc. 284 ...... LCC US Airways Group Inc. 

231 ....... WDC Western Digital Corp. 285 ...... PRU Prudential Financial Inc. 

234 ....... DAL Delta Air Lines Inc. 286 ...... LEN Lennar Corp. 

235 ....... FXE CurrencyShares Euro Trust. 287 ...... EWT iShares MSCI Taiwan Index Fund. 


emcdonald on DSK2BSOYB1PROD with NOTICES
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