54662 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(1). 

4 17 CFR 240.19b–4. 

5See Securities Exchange Act Release Nos. 60694 

(September 18, 2009), 74 FR 49048 (September 25, 

2009) (SR–Phlx–2009–65) (order approving); and 

61630 (March 2, 2010), 75 FR 11211 (March 10, 

2010) (SR–Phlx–2010–26) (notice of filing and 

immediate effectiveness allowing concurrent listing 

of $3.50 and $4 strikes for classes that participate 

in both the $0.50 Strike Program and the $1 Strike 

Program). 

has sought an exemption under section 

312 of the Act and section 107.730 of 

the Small Business Administration 

(‘‘SBA’’) Rules and Regulations (13 CFR 

107.730), Financings which Constitute 

Conflicts of Interest. Main Street 

Mezzanine Fund, LP provided a debt/ 

equity financing to National Trench 

Safety, LLC, 15955 West Hardy Road, 

Houston, TX 77060. The financing was 

made to support the growth and 

development of the company. 

The financing is brought within the 

purview of section 107.730(a)(1) of the 

Regulations because Main Street Equity 

Interests, Inc. an Associate of Main 

Street Mezzanine Fund, LP, owns more 

than ten percent of National Trench 

Safety, LLC. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction to the 

Associate Administrator of Investment, 

U.S. Small Business Administration, 

409 Third Street, SW., Washington, DC 

20416. 

Sean J. Greene, 

Associate Administrator for Investment. 

[FR Doc. 2010–22293 Filed 9–7–10; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. PA–44A; File No. S7–17–10] 

Privacy Act of 1974: Systems of 

Records 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice to establish systems of 

records; correction. 

The Securities and Exchange 

Commission published a document in 

the Federal Register of August 23, 2010 

concerning a Notice to establish systems 

of records. This correction is being 

published to change the effective date of 

that notice. 

FOR FURTHER INFORMATION CONTACT: 

Barbara A. Stance, Chief Privacy Officer, 

Office of Information Technology, 202– 

551–7209. 

In the Federal Register of August 23, 

2010 in FR Doc. 2010–20999 on page 

51854, in the third column, the effective 

date in the DATES section is corrected to 

read ‘‘September 29, 2010.’’ 

Dated: September 1, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–22227 Filed 9–7–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62799; File No. SR–Phlx– 

2010–118] 

Self-Regulatory Organizations; Notice 

of Filing of Proposed Rule Change by 

NASDAQ OMX PHLX, Inc. Relating to 

the $.50 Strike Price Program 

August 30, 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 August 

25, 2010, NASDAQ OMX PHLX, Inc. 

(the ‘‘Exchange’’ or ‘‘Phlx’’) 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 Exchange. 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, pursuant to Section 

19(b)(1) of the Act 3 and Rule 19b–4 

thereunder,4 proposes to amend 

Commentary .05 to Exchange Rule 1012, 

Series of Options Open for Trading, 

specifically the Exchange’s $.50 Strike 

Price Program (the ‘‘$.50 Strike Program’’ 

or ‘‘Program’’) 5 to: (i) Expand the $.50 

Strike Program for strike prices below 

$1.00; (ii) extend the $.50 strike program 

to strike prices that are $5.50 or less; 

(iii) extend the prices of the underlying 

security to at or below $5.00; and (iv) 

extend the number of options classes 

overlying 20 individual stocks. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.nasdaqtrader.com/ 

micro.aspx?id=PHLXRulefilings, at the 

principal office of the Exchange, on the 

Commission’s Web site at http:// 

www.sec.gov, and at the Commission’s 

Public Reference Room. 

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 

Exchange 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 

Exchange 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this proposed rule 

change is to modify Commentary .05 to 

Exchange Rule 1012 to expand the $.50 

Strike Program in order to provide 

investors with opportunities and 

strategies to minimize losses associated 

with owning a stock declining in price. 

The Exchange is proposing to 

establish strike price intervals of $.50, 

beginning at $.50 for certain options 

classes where the strike price is $5.50 or 

less and whose underlying security 

closed at or below $5.00 in its primary 

market on the previous trading day and 

which have national average daily 

volume that equals or exceeds 1000 

contracts per day as determined by The 

Options Clearing Corporation (‘‘OCC’’) 

during the preceding three calendar 

months. The Exchange also proposes to 

limit the listing of $.50 strike prices to 

options classes overlying no more than 

20 individual stocks as specifically 

designated by the Exchange. 

Currently, Exchange Rule 1012 at 

Commentary .05 permits strike price 

intervals of $.50 or greater beginning at 

$1.00 where the strike price is $3.50 or 

less, but only for option classes whose 

underlying security closed at or below 

$3.00 in its primary market on the 

previous trading day and which have 

national average daily volume that 

equals or exceeds 1000 contracts per 

day as determined by The Options 

Clearing Corporation during the 

preceding three calendar months. 

Further, the listing of $.50 strike prices 

is limited to options classes overlying 

no more than 5 individual stocks as 

specifically designated by the Exchange. 

The Exchange is currently restricted 

from listing series with $1 intervals 

within $0.50 of an existing strike price 

in the same series, except that strike 

prices of $2, $3, and $4 shall be 


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