Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 26309 

22 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(2). 

5The ORF was established in January 2010. See 

Securities Exchange Act Release No. 61388 (January 

20, 2010), 75 FR 4431 (January 27, 2010) (SR–BX– 

2010–001) (Notice of Filings and Immediate 

Effectiveness of Proposed Rule Change Relating to 

Registered Representative Fee and Options 

Regulatory Fee). 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(4). 

8See Securities Exchange Act Release Nos. 61529 

(February 17, 2010), 75 FR 8421 (February 24, 2010) 

(SR–PHLX–2010–17) and 61641 (March 3, 2010) 75 

FR 11220 (March 10, 2010) (SR–CBOE–2010–20). 9 15 U.S.C. 78s(b)(3)(A)(ii). 

10 17 CFR 240.19b–4(f)(2). 

submissions should refer to File 

Number SR–NYSEArca–2010–31 and 

should be submitted on or before June 

1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–11094 Filed 5–10–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62043; File No. SR–BX– 

2010–033] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change Relating to the 

Options Regulatory Fee 

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 30, 

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 Exchange filed the 

proposed rule change pursuant to 

Section 19(b)(3)(A)(ii) of the Act,3 and 

Rule 19b-4(f)(2) thereunder,4 which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

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 amend the Fee 

Schedule of the Boston Options 

Exchange Group, LLC (‘‘BOX’’) to 

eliminate the minimum one-cent 

Options Regulatory Fee charged per 

trade. The text of the proposed rule 

change is available from the principal 

office of the Exchange, at the 

Commission’s Public Reference Room, 

on the Exchange’s Internet Web site at 

http://nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/, 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 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 

The Exchange charges an Options 

Regulatory Fee (‘‘ORF’’) of $0.0030 per 

contract to each BOX Options 

Participant for all options transactions 

executed or cleared by the BOX Options 

Participant that are cleared by the 

Options Clearing Corporation (‘‘OCC’’) in 

the customer range, excluding Linkage 

orders, regardless of the exchange on 

which the transaction occurs.5 The ORF 

is collected indirectly from BOX 

Options Participants through their 

clearing firms by OCC on behalf of the 

Exchange. 

There is presently a minimum onecent ($0.01) ORF charged per trade. The 

Exchange proposes to eliminate this 

minimum charge from its fee schedule 

and that this fee change be operative on 

May 3, 2010. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

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

in general, and Section 6(b)(4) of the 

Act,7 in particular, in that it provides for 

the equitable allocation of reasonable 

dues, fees, and other charges among its 

members and issuers and other persons 

using its facilities. In particular, the 

Exchange believes that this proposal 

will align the calculation of the ORF 

with that of other options exchanges 8

while also simplifying the Exchange’s 

administration of the ORF. 

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 

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)(ii) of the Exchange Act 9 and 

Rule 19b-4(f)(2) 10 thereunder, because it 

establishes or changes a due, fee, or 

other charge applicable only to a 

member. 

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–2010–033 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. 


emcdonald on DSK2BSOYB1PROD with NOTICES
26310 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 

11 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 60865 

(October 22, 2009), 74 FR 55880 (October 29, 2009) 

(SR–ISE–2009–82). 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. 

All submissions should refer to File 

Number SR–BX–2010–033. 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– 

033 and should be submitted on or 

before June 1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–11136 Filed 5–10–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62042; File No. SR–ISE– 

2010–42] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change To Add 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 29, 

2010, the International Securities 

Exchange, LLC (the ‘‘Exchange’’ or the 

‘‘ISE’’) filed with the Securities and 

Exchange 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 ISE proposes to designate 75 

options classes to be added to the pilot 

program to quote and to trade certain 

options in pennies (the ‘‘Penny Pilot’’) 

on May 3, 2010. 

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 

Purpose—ISE proposes to identify the 

next 75 options classes to be added to 

the Penny Pilot effective May 3, 2010. 

The Exchange recently received 

approval to extend and expand the 

Penny Pilot through December 31, 

2010.3 In that filing, the Exchange had 

proposed expanding the Penny 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

ISE proposes to add the following 75 

options classes to the Penny Pilot on 

May 3, 2010, based on national average 

daily volume for the six months ending 

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. 


emcdonald on DSK2BSOYB1PROD with NOTICES