Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 6421 

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). 

4 Index products would be included in the 

expansion if the underlying index level was under 

200. 

Fund that will form the basis for the 

Fund’s calculation of NAV at the end of 

the Business Day. 

7. The Advisor or any Subadvisor, 

directly or indirectly, will not cause any 

Authorized Participant (or any investor 

on whose behalf an Authorized 

Participant may transact with the Fund) 

to acquire any Deposit Security for the 

Fund through a transaction in which the 

Fund could not engage directly. 

8. The requested order will expire on 

the effective date of any Commission 

rule under the Act that provides relief 

permitting the operation of actively 

managed exchange-traded funds. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–2749 Filed 2–8–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61470; File No. SR–ISE– 

2010–09] 

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 

February 2, 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 January 

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 an 

additional 75 options classes to be 

added to the pilot program to quote and 

to trade certain options in pennies (the 

‘‘Penny Pilot’’) on February 1, 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 

1. Purpose 

ISE proposes to identify the next 75 

options classes to be added to the Penny 

Pilot effective February 1, 2010. The 

Exchange recently filed 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 

February 1, 2010, based on national 

average daily volume for the six months 

ending December 31, 2009: 

Symbol Company name 

ABT ........ Abbott Laboratories. 

AEM ....... Agnico-Eagle Mines Ltd. 

AET ........ Aetna Inc. 

AFL ........ Aflac Inc. 

AKAM ..... Akamai Technologies Inc. 

AMAT ..... Applied Materials Inc. 

AMR ....... AMR Corp. 

ANF ........ Abercrombie & Fitch Co. 

APC ....... Anadarko Petroleum Corp. 

ATVI ....... Activision Blizzard Inc. 

BBD ....... Banco Bradesco SA. 

BCRX ..... BioCryst Pharmaceuticals Inc. 

BK .......... Bank of New York Mellon Corp. 

BRCM .... Broadcom Corp. 

BTU ........ Peabody Energy Corp. 

BX .......... Blackstone Group LP. 

Symbol Company name 

CAL ........ Continental Airlines Inc. 

CF .......... CF Industries Holdings Inc. 

CMCSA .. Comcast Corp. 

CSX ....... CSX Corp. 

CVS ....... CVS Caremark Corp. 

CX .......... Cemex SAB de CV. 

DD .......... EI du Pont de Nemours & Co. 

ERTS ..... Electronic Arts Inc. 

EWJ ....... iShares MSCI Japan Inde Fund. 

FDX ........ FedEx Corp. 

FNM ....... Federal National Mortgage Association. 

FRE ........ Federal Home Loan Mortgage 

Corp. 

GILD ...... Gilead Sciences Inc. 

GLW ....... Corning Inc. 

HBC ....... HSBC Holdings PLC. 

HES ....... Hess Corp. 

HL .......... Hecla Mining Co. 

HOG ....... Harley-Davidson Inc. 

HON ....... Honeywell International Inc. 

JOYG ..... Joy Global Inc. 

JWN ....... Nordstrom Inc. 

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

LEAP ...... Leap Wireless International Inc. 

LLY ........ Eli Lilly & Co. 

LO .......... Lorillard Inc. 

LOW ....... Lowe’s Cos Inc. 

M ............ Macy’s Inc. 

MCO ...... Moody’s Corp. 

MET ....... MetLife Inc. 

MMM ...... 3M Co. 

MU ......... Micron Technology Inc. 

NUE ....... Nucor Corp. 

OXY ....... Occidental Petroleum Corp. 

PARD ..... Poniard Pharmaceuticals Inc. 

PEP ........ PepsiCo Inc/NC. 

PM ......... Philip Morris International Inc. 

PNC ....... PNC Financial Services Group 

Inc. 

QID ........ ProShares UltraShort QQQ. 

SHLD ..... Sears Holdings Corp. 

SLM ....... SLM Corp. 

SLW ....... Silver Wheaton Corp. 

SQNM .... Sequenom Inc. 

STEC ..... STEC Inc. 

STX ........ Seagate Technology Inc. 

SU .......... Suncor Energy Inc. 

TCK ........ Teck Resources Ltd. 

TEVA ..... Teva Pharmaceutical Industries 

Ltd. 

TLT ........ iShares Barclays 20+ Year Treasury Bond Fund. 

TZA ........ Direxion Daily Small Cap Bear 3X 

Shares. 

UAUA ..... UAL Corp. 

URE ....... ProShares Ultra Real Estate. 

UTX ........ United Technologies Corp. 

WFR ....... MEMC Electronic Materials Inc. 

WFT ....... Weatherford International Ltd. 

WLP ....... WellPoint Inc. 

XLB ........ Materials Select Sector SPDR 

Fund. 

XRX ....... Xerox Corp. 

XTO ....... XTO Energy Inc. 

YRCW .... YRC Worldwide Inc. 

2. Statutory Basis 

The basis under the Securities 

Exchange Act of 1934 (the ‘‘Exchange 

Act’’) for this proposed rule change is 


Cprice-sewell on DSK2BSOYB1PROD with NOTICES
6422 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 

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

6 15 U.S.C. 78s(b)(3)(A)(i). 

7 17 CFR 240.19b–4(f)(1). 8 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. 61211 

(December 18, 2009), 74 FR 68889. (‘‘Notice’’). 

4 In approving this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition and capital formation. See 

15 U.S.C. 78c(f). 

5 15 U.S.C. 78o–3(b)(6). 

found in Section 6(b)(5) of the Act,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 

rule changes. 

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) of the Exchange Act 6 and 

Rule 19b–4(f)(1) thereunder,7 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 

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 

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 rulecomments@sec.gov. Please include File 

Number SR–ISE–2010–09 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–2010–09. 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–ISE–2010– 

09 and should be submitted on or before 

March 2, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–2733 Filed 2–8–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61473; File No. SR–FINRA– 

2009–087] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Order Approving 

Proposed Rule Change To Repeal 

NASD Rules 2760 and 2780, 

Incorporated NYSE Rules 2B and 411, 

and the Interpretation to Incorporated 

NYSE Rule 411(a)(ii)(5) as Part of the 

Process of Developing the 

Consolidated FINRA Rulebook 

February 2, 2010. 

On December 4, 2009, the Financial 

Industry Regulatory Authority, Inc. 

(‘‘FINRA’’) (f/k/a National Association of 

Securities Dealers, Inc. (‘‘NASD’’)) filed 

with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

to Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to repeal NASD Rule 2760 

(Offerings ‘‘At the Market’’), NASD Rule 

2780 (Solicitation of Purchases on an 

Exchange to Facilitate a Distribution of 

Securities), Incorporated NYSE Rule 2B 

(No Affiliation between Exchange and 

any Member Organization), 

Incorporated NYSE Rule 411 (Erroneous 

Reports) and the Interpretation to 

Incorporated NYSE Rule 411(a)(ii)(5) as 

part of the process of developing a 

consolidated FINRA rulebook. The 

proposed rule change was published for 

comment in the Federal Register on 

December 29, 2009.3 The Commission 

received no comments on the proposal. 

This order approves the proposed rule 

change. 

The Commission finds that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder 

applicable to a national securities 

association.4 In particular, the 

Commission finds that the proposed 

rule change is consistent with the 

provisions of Section 15A(b)(6) of the 

Act,5 which requires, among other 

things, that FINRA rules be designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, and, in 


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