Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 6233 

11For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

12 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3The Penny Pilot was established in January 2007 

and in October 2009 was expanded and extended 

through December 31, 2010. See Securities 

Exchange Act Release Nos. 55153 (January 23, 

2007), 72 FR 4553 (January 31, 2007) (SR–Phlx– 

2006–74) (notice of filing and approval order 

establishing Penny Pilot); 60873 (October 23, 2009) 

(SR–Phlx–2009–91) (notice of filing and immediate 

effectiveness expanding and extending Penny 

Pilot); and 60966 (November 9, 2009) (SR–Phlx– 

2009–094) (notice of filing and immediate 

effectiveness adding seventy-five classes to Penny 

Pilot). 

4See Rule 1034 regarding the Penny Pilot. 

5See Securities Exchange Act Release No. 60873 

(October 23, 2009), 74 FR 56675 (November 2, 2009) 

(SR–Phlx–2009–91) (notice of filing and immediate 

effectiveness). 

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. BX requests that the 

Commission waive the 30-day operative 

delay because it would permit BX to 

immediately provide the information 

regarding the BX Ouch BBO Feed access 

requirements to market participants. 

The Commission believes that waiving 

the 30-day operative delay 11 is 

consistent with the protection of 

investors and the public interest and 

designates the proposal operative upon 

filing. 

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 

Number SR–BX–2010–010 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–2010–010. 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 inspection and copying 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 publicly available. All 

submissions should refer to File 

Number SR–BX–2010–010 and should 

be submitted on or before March 1, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–2581 Filed 2–5–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61454; File No. SR–Phlx– 

2010–12] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change To Add 

Seventy-Five Options Classes to the 

Penny Pilot Program 

February 1, 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 January 

25, 2010 NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘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 is filing with the 

Commission a proposal to designate 

seventy-five options classes to be added 

to the Penny Pilot Program (‘‘Penny 

Pilot’’ or ‘‘Pilot’’) on February 1, 2010.3

The Exchange is not proposing to 

amend any rule text, but simply 

administering or enforcing an existing 

rule.4

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

nasdaqomxphlx.cchwallstreet.com/ 

NASDAQOMXPHLX/Filings, at the 

principal office of the Exchange, 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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this filing is to 

identify the next seventy-five options 

classes to be added to the Penny Pilot 

effective February 1, 2010. 

In the Exchange’s immediately 

effective filing to extend and expand the 

Penny Pilot through December 31, 

2010,5 the Exchange proposed 

expanding the Pilot four times on a 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

6234 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 

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

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A)(i). 

9 17 CFR 240.19b–4(f)(1). 

quarterly basis. Each such quarterly 

expansion would be of the next seventyfive most actively traded multiply listed 

options classes based on the national 

average daily volume (‘‘ADV’’) for the six 

months prior to selection, closing under 

$200 per share on the Expiration Friday 

prior to expansion; however, the month 

immediately preceding the addition of 

options to the Penny Pilot will not be 

used for the purpose of the six month 

analysis. Index option products would 

be included in the quarterly expansions 

if the underlying index levels were 

under 200. 

The Exchange is identifying, in the 

chart below, seventy-five options classes 

that it will add to the Penny Pilot on 

February 1, 2010, based on ADVs for the 

six months ending December 31, 2009. 

Nat’l ranking Symbol Company name Nat’l 

ranking Symbol Company name 

131 ................ ABT ........ Abbott Laboratories. 192 ......... LEAP ...... Leap Wireless International Inc. 

169 ................ AEM ....... Agnico-Eagle Mines Ltd. 205 ......... LLY ........ Eli Lilly & Co. 

151 ................ AET ........ Aetna Inc. 162 ......... LO .......... Lorillard Inc. 

156 ................ AFL ........ Aflac Inc. 152 ......... LOW ....... Lowe’s Cos Inc. 

181 ................ AKAM ..... Akamai Technologies Inc. 176 ......... M ............ Macy’s Inc. 

178 ................ AMAT ..... Applied Materials Inc. 155 ......... MCO ...... Moody’s Corp. 

117 ................ AMR ....... AMR Corp. 217 ......... MET ....... MetLife Inc. 

166 ................ ANF ........ Abercrombie & Fitch Co. 187 ......... MMM ...... 3M Co. 

172 ................ APC ....... Anadarko Petroleum Corp. 140 ......... MU ......... Micron Technology Inc. 

209 ................ ATVI ....... Activision Blizzard Inc. 177 ......... NUE ....... Nucor Corp. 

145 ................ BBD ....... Banco Bradesco SA. 157 ......... OXY ....... Occidental Petroleum Corp. 

190 ................ BCRX ..... BioCryst Pharmaceuticals Inc. 158 ......... PARD ..... Poniard Pharmaceuticals Inc. 

218 ................ BK .......... Bank of New York Mellon Corp/The. 150 ......... PEP ........ PepsiCo Inc/NC. 

194 ................ BRCM .... Broadcom Corp. 141 ......... PM ......... Philip Morris International Inc. 

184 ................ BTU ........ Peabody Energy Corp. 185 ......... PNC ....... PNC Financial Services Group Inc. 

144 ................ BX .......... Blackstone Group LP. 216 ......... QID ........ ProShares UltraShort QQQ. 

200 ................ CAL ........ Continental Airlines Inc. 149 ......... SHLD ..... Sears Holdings Corp. 

211 ................ CF .......... CF Industries Holdings Inc. 175 ......... SLM ....... SLM Corp. 

142 ................ CMCSA .. Comcast Corp. 212 ......... SLW ....... Silver Wheaton Corp. 

203 ................ CSX ....... CSX Corp. 215 ......... SQNM .... Sequenom Inc. 

143 ................ CVS ....... CVS Caremark Corp. 153 ......... STEC ..... STEC Inc. 

174 ................ CX .......... Cemex SAB de CV. 219 ......... STX ........ Seagate Technology. 

183 ................ DD .......... EI du Pont de Nemours & Co. 202 ......... SU .......... Suncor Energy Inc. 

146 ................ ERTS ..... Electronic Arts Inc. 207 ......... TCK ........ Teck Resources Ltd. 

121 ................ EWJ ....... iShares MSCI Japan Index Fund. 196 ......... TEVA ..... Teva Pharmaceutical Industries Ltd. 

186 ................ FDX ........ FedEx Corp. 135 ......... TLT ........ iShares Barclays 20+ Year Treasury Bond 

Fund. 

118 ................ FNM ....... Federal National Mortgage Association. 214 ......... TZA ........ Direxion Daily Small Cap Bear 3X Shares. 

182 ................ FRE ........ Federal Home Loan Mortgage Corp. 168 ......... UAUA ..... UAL Corp. 

179 ................ GILD ...... Gilead Sciences Inc. 154 ......... URE ....... ProShares Ultra Real Estate. 

198 ................ GLW ....... Corning Inc. 180 ......... UTX ........ United Technologies Corp. 

170 ................ HBC ....... HSBC Holdings PLC. 204 ......... WFR ....... MEMC Electronic Materials Inc. 

197 ................ HES ....... Hess Corp. 115 ......... WFT ....... Weatherford International Ltd. 

161 ................ HL .......... Hecla Mining Co. 165 ......... WLP ....... WellPoint Inc. 

193 ................ HOG ....... Harley-Davidson Inc. 191 ......... XLB ........ Materials Select Sector SPDR Fund. 

206 ................ HON ....... Honeywell International Inc. 173 ......... XRX ....... Xerox Corp. 

210 ................ JOYG ..... Joy Global Inc. 148 ......... XTO ....... XTO Energy Inc. 

213 ................ JWN ....... Nordstrom Inc. 130 ......... YRCW .... YRC Worldwide Inc. 

137 ................ KFT ........ Kraft Foods Inc. ................ ................

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 6 in general, and furthers the 

objectives of Section 6(b)(5) of the Act 7

in particular, in that it is designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and to remove 

impediments to and perfect the 

mechanisms of a free and open market 

and a national market system, by 

identifying 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 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 either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Pursuant to Section 19(b)(3)(A)(i) of 

the Act 8 and Rule 19b–4(f)(1) 

thereunder,9 the Exchange has 

designated this proposal as one 

constituting a stated policy, practice, or 

interpretation with respect to the 

meaning, administration, or 

enforcement of an existing rule. 

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 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 6235 

10 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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 Exchange filed a proposal similar to the 

present proposal for the November 2, 2009 

expansion of 75 classes. See Securities and 

Exchange Act Release No. 60950 (November 6, 

2009), 74 FR 58666 (November 6, 2009) [sic] (SR– 

BX–2009–069). This proposal was effective 

immediately upon filing. 

6The 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 February 1, 

2010 shall be determined using data from the six 

month period ending December 31, 2009. 

7The 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. 

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 

Number SR–Phlx–2010–12 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–Phlx–2010–12. 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 inspection and copying 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–Phlx–2010–12 and should be 

submitted on or before March 1, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–2583 Filed 2–5–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61456; File No. SR–BX– 

2010–011] 

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 

February 1, 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 January 

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’’). 

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 2009,5 February 2010, May 

2010, and August 2010.6 Options classes 

with high premiums will be excluded 

for the quarterly additions.7

Based on trading activity for the six 

months ending December 31, 2009, the 

Exchange proposes to add the following 

75 classes to the Penny Pilot Program on 

February 1, 2010: 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES