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
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices 26311 

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). 

Nat’l 

ranking Symbol Security name Nat’l ranking Symbol Security name 

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. 

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. 

(b) Basis—The basis under the 

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’) for this proposed rule 

change is found in Section 6(b)(5), in 

that the proposed rule change 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. In particular, the 

proposed rule change identifies the 

options classes to be added to the Penny 

Pilot in a manner consistent with prior 

approvals and filings. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The proposed rule change does not 

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 not solicited, and 

does not intend to solicit, comments on 

this proposed rule change. The 

Exchange has not received any written 

comments from members or other 

interested parties. 

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) 5 of the Exchange Act and 

Rule 19b-4(f)(1) 6 thereunder, 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 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of 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 

No. SR–ISE–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–ISE–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 Commissions 

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 

copying in the Commission’s Public 

Reference Room. Copies of such filing 

also will be available for inspection and 

copying at the principal office of the 

ISE. 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 SR–ISE–2010–42 and should be 

submitted by 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. 2010–11135 Filed 5–10–10; 8:45 am] 

BILLING CODE 8010–01–P 


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