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 Securities and Exchange Commission [Release No. 34-61454; File No. SR-Phlx-2010-12]
 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 
                    ( print page 6234)
                    quarterly basis. Each such quarterly expansion would be of the next seventy-five 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 name131
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 
                    ( print page 6235)
                    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*rule-comments@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.


# Footnotes

1.
    
                         15 U.S.C. 78s(b)(1). Back to Citation
 2.
    
                         17 CFR 240.19b-4. Back to Citation
 3.
    
                         The 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). Back to Citation
 4.
    
                         
                        *See*
                         Rule 1034 regarding the Penny Pilot. Back to Citation
 5.
    
                         
                        *See*
                         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). Back to Citation
 6.
    
                         15 U.S.C. 78f(b). Back to Citation
 7.
    
                         15 U.S.C. 78f(b)(5). Back to Citation
 8.
    
                         15 U.S.C. 78s(b)(3)(A)(i). Back to Citation
 9.
    
                         17 CFR 240.19b-4(f)(1). Back to Citation
 10.
    
                             17 CFR 200.30-3(a)(12). Back to Citation


[FR Doc. 2010-2583 Filed 2-5-10; 8:45 am] BILLING CODE 8011-01-P