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 Securities and Exchange Commission [Release No. 34-61456; File No. SR-BX-2010-011]
 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:
                    ( print page 6236) Symbol
Company name
Symbol
Company nameABT
Abbott Laboratories.
LEAP
Leap Wireless International Inc.AEM
Agnico-Eagle Mines Ltd.
LLY
Eli Lilly & Co.AET
Aetna Inc.
LO
Lorillard Inc.AFL
Aflac Inc.
LOW
Lowe's Cos Inc.AKAM
Akamai Technologies Inc.
M
Macy's Inc.AMAT
Applied Materials Inc.
MCO
Moody's Corp.AMR
AMR Corp.
MET
MetLife Inc.ANF
Abercrombie & Fitch Co.
MMM
3M Co.APC
Anadarko Petroleum Corp.
MU
Micron Technology Inc.ATVI
Activision Blizzard Inc.
NUE
Nucor Corp.BBD
Banco Bradesco SA.
OXY
Occidental Petroleum Corp.BCRX
BioCryst Pharmaceuticals Inc.
PARD
Poniard Pharmaceuticals Inc.8BK
Bank of New York Mellon Corp/The.
PEP
PepsiCo Inc/NC.BRCM
Broadcom Corp.
PM
Philip Morris International Inc.BTU
Peabody Energy Corp.
PNC
PNC Financial Services Group Inc.BX
Blackstone Group LP.
QID
ProShares UltraShort QQQ.CAL
Continental Airlines Inc.
SHLD
Sears Holdings Corp.CF
CF Industries Holdings Inc.
SLM
SLM Corp.CMCSA
Comcast Corp.
SLW
Silver Wheaton Corp.CSX
CSX Corp.
SQNM
Sequenom Inc.CVS
CVS Caremark Corp.
STEC
STEC Inc.CX
Cemex SAB de CV.
STX
Seagate Technology.DD
EI du Pont de Nemours & Co.
SU
Suncor Energy Inc.ERTS
Electronic Arts Inc.
TCK
Teck Resources Ltd.EWJ
iShares MSCI Japan Index Fund.
TEVA
Teva Pharmaceutical Industries Ltd.FDX
FedEx Corp.
TLT
iShares Barclays 20+ Year Treasury Bond Fund.FNM
Federal National Mortgage Association.
TZA
Direxion Daily Small Cap Bear 3X Shares.FRE
Federal Home Loan Mortgage Corp.
UAUA
UAL Corp.GILD
Gilead Sciences Inc.
URE
ProShares Ultra Real Estate.GLW
Corning Inc.
UTX
United Technologies Corp.HBC
HSBC Holdings PLC.
WFR
MEMC Electronic Materials Inc.HES
Hess Corp.
WFT
Weatherford International Ltd.HL
Hecla Mining Co.
WLP
WellPoint Inc.HOG
Harley-Davidson Inc.
XLB
Materials Select Sector SPDR Fund.HON
Honeywell International Inc.
XRX
Xerox Corp.JOYG
Joy Global Inc.
XTO
XTO Energy Inc.JWN
Nordstrom Inc.
YRCW
YRC Worldwide Inc.KFT
Kraft Foods Inc.
 2.  Statutory Basis The Exchange
                    
                     believes that the proposal is consistent with the requirements of Section 6(b) of the Act,[9]
                    
                     in general, and Section 6(b)(5) of the Act,[10]
                    
                     in particular, in that it is designed to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism for 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 added to the Penny Pilot Program in a manner consistent with prior rule changes. 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 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)(i) of the Exchange Act [11]
                    
                     and Rule 19b-4(f)(1) thereunder,[12]
                    
                     because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing BOX rule. 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 
                    ( print page 6237)
                    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*rule-comments@sec.gov.*
                     Please include File Number SR-BX-2010-011 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-2010-011. 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-BX-2010-011 and should be submitted on or before March 1, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.[13] Florence E. Harmon, Deputy Secretary.


# Footnotes

1.
    
                         15 U.S.C. 78s(b)(1). Back to Citation
 2.
    
                         17 CFR 240.19b-4. Back to Citation
 3.
    
                         The 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. Back to Citation
 4.
    
                         
                        *See*
                         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. Back to Citation
 5.
    
                         The 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. Back to Citation
 6.
    
                         The 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. Back to Citation
 7.
    
                         The 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. Back to Citation
 8.
    
                         Please note that PARD is presently not listed for trading on BOX. If PARD is listed for trading on BOX at a later date it will be subject to the applicable minimum trading increments as set forth in Chapter V, Section 6(b) of the BOX Rules. Back to Citation
 9.
    
                         15 U.S.C. 78f(b). Back to Citation
 10.
    
                         15 U.S.C. 78f(b)(5). Back to Citation
 11.
    
                         15 U.S.C. 78s(b)(3)(A)(i). Back to Citation
 12.
    
                         17 CFR 240.19b-4(f)(1). Back to Citation
 13.
    
                             17 CFR 200.30-3(a)(12). Back to Citation


[FR Doc. 2010-2585 Filed 2-5-10; 8:45 am] BILLING CODE 8011-01-P