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, 58666-58668 [E9-27256]

Download as PDF 58666 Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Notices until July 31, 2009 (the ‘‘July filing’’).7 On August [sic] 31, 2009, the Exchange filed with the Commission a proposed rule change to further extend this temporary equity transaction fee until October 31, 2009 (the ‘‘October filing’’).8 Through this filing, the Exchange proposes to extend this equity transaction fee to be effective upon filing through January 31, 2010. Prior to the January filing, the equity transaction fee was $.0015 per share executed on the MatchPoint system. In the January filing, the Exchange proposed to adopt a scaled fee for MatchPoint users based on the average daily volume of shares executed during a calendar month through the MatchPoint system as follows: Average daily volume of shares executed 50,000 shares or less ... Over 50,000 to 499,999 500,000 and greater ..... Rate $.0015 per share. $.0010 per share. $.0005 per share. The March, April, July and October filings proposed to continue this fee schedule. The Exchange believes that the extension of the fee schedule through January 31, 2010 will continue to reward those who have been using the MatchPoint system for share execution, and will provide a continued incentive for new participants in MatchPoint. srobinson on DSKHWCL6B1PROD with NOTICES 2. Statutory Basis The basis under the Securities Exchange Act of 1934 (the ‘‘Act’’) 9 for the proposed rule change is the requirement under Section 6(b)(4) that an exchange have rules that provide for the equitable allocation of reasonable dues, fees and other charges among its members and other persons using its facilities. The Exchange believes the fees are reasonable in that they carry forward a reduction in fees that the January filing established and that the March, April, July and October filings extended, and are equitable in that they are available to all members who access the MatchPoint system. 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. 7 See Securities Exchange Act Release No. 60278 (July 10, 2009) 74 FR 34615 (July 16, 2009) (SR– NYSE–2009–67). 8 See Securities Exchange Act Release No. 60439 (July 31, 2009) [sic] 74 FR 40270 (August 11, 2009) (SR–NYSE–2009–78). 9 15 U.S.C. 78a. VerDate Nov<24>2008 17:07 Nov 12, 2009 Jkt 220001 C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A) 10 of the Act and subparagraph (f)(2) of Rule 19b–411 thereunder, because it establishes a due, fee, or other charge imposed by the NYSE. 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 (https://www.sec.gov/ rules/sro.shtml ); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSE–2009–110 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–NYSE–2009–110. 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 (https://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 the 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 Number SR–NYSE–2009–110 and should be submitted on or before December 4, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–27255 Filed 11–12–09; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60950; File No. SR–BX– 2009–069] 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 November 6, 2009. 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 October 27, 2009, 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. 12 17 10 15 U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b–4(f)(2). PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Notices 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 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 Monday, October 19, 2009 the Exchange submitted a proposed rule change with the Securities and Exchange Commission (‘‘Commission’’) to (i) extend the Penny Pilot Program in options classes (‘‘Penny Pilot Program’’) previously approved by the Commission through December 31, 2010; (ii) expand 58667 the number of classes included in the Penny Pilot Program; and (iii) replace on a semi-annual basis any Penny Pilot Program classes that have been delisted.4 The top 300 most actively traded multiply listed options classes in the prior six calendar months 5 preceding their addition to the Penny Pilot Program that are not yet included in the Penny Pilot Program will be phased-in to the Penny Pilot Program over four successive quarters with 75 classes added in each of November 2009, 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 September 30, 2009, the Exchange proposes to add the following 75 classes to the Penny Pilot Program on November 2, 2009: Symbol Company name Nat’l ranking Symbol 118 ............... 134 ............... 48 ................. 93 ................. 115 ............... 111 ............... 94 ................. 67 ................. 58 ................. 78 ................. 68 ................. 130 ............... 104 ............... 49 ................. 88 ................. 64 ................. 32 ................. 25 ................. 33 ................. ABX ............. AUY ............. AXP ............. BA ............... BBT ............. BBY ............. BP ............... CHK ............ CIT .............. COF ............ CVX ............. DE ............... DOW ........... DRYS .......... EFA ............. ETFC ........... EWZ ............ FAS ............. FAZ ............. MRK ............ MS ............... NLY ............. NOK ............ NVDA .......... ORCL .......... PALM .......... PBR ............. PG ............... POT ............. RF ............... RIG .............. RMBS .......... S .................. SDS ............. SKF ............. SLB ............. SLV ............. SRS ............. Merck & Co Inc/NJ. Morgan Stanley. Annaly Capital Management Inc. Nokia OYJ. Nvidia Corp. Oracle Corp. Palm Inc. Petroleo Brasileiro SA. Procter & Gamble Co/The. Potash Corp of Saskatchewan Inc. Regions Financial Corp. Transocean Ltd. Rambus Inc. Sprint Nextel Corp. ProShares UltraShort S&P500. ProShares UltraShort Financials. Schlumberger Ltd. iShares Silver Trust. ProShares UltraShort Real Estate. FITB ............ FSLR ........... FXI .............. 119 .............. 101 .............. 125 .............. SSO ............ STI .............. SVNT ........... ProShares Ultra S&P500. SunTrust Banks Inc. Savient Pharmaceuticals Inc. 82 ................. GDX ............ Barrick Gold Corp ................................. Yamana Gold Inc .................................. American Express Co ........................... Boeing Co/The ...................................... BB&T Corp ............................................ Best Buy Co Inc .................................... BP PLC ................................................. Chesapeake Energy Corp .................... CIT Group Inc ....................................... Capital One Financial Corp .................. Chevron Corp ....................................... Deere & Co ........................................... Dow Chemical Co/The .......................... DryShips Inc ......................................... iShares MSCI EAFE Index Fund .......... E*Trade Financial Corp ........................ iShares MSCI Brazil Index Fund .......... Direxion Daily Financial Bull 3X Shares Direxion Daily Financial Bear 3X Shares. Fifth Third Bancorp ............................... First Solar Inc ....................................... iShares FTSE/Xinhua China 25 Index Fund. Market Vectors—Gold Miners ETF ...... 120 .............. 35 ................ 73 ................ 99 ................ 121 .............. 80 ................ 61 ................ 37 ................ 85 ................ 41 ................ 74 ................ 124 .............. 132 .............. 103 .............. 83 ................ 122 .............. 107 .............. 91 ................ 84 ................ 112 ............... 70 ................. 26 ................. 92 ................ TBT ............. 127 ............... 18 ................. 129 ............... 62 ................. 72 ................. 59 ................. 45 ................. GG ............... GLD ............. HGSI ........... HIG .............. HPQ ............ IBM .............. IYR .............. 14 ................ 117 .............. 110 .............. 81 ................ 44 ................ 60 ................ 96 ................ UNG ............ UNH ............ UPS ............. USB ............. USO ............ UYG ............ V .................. JNJ .............. JNPR ........... Goldcorp Inc ......................................... SPDR Gold Trust .................................. Human Genome Sciences Inc .............. Hartford Financial Services Group Inc Hewlett-Packard Co .............................. International Business Machines Corp iShares Dow Jones US Real Estate Index Fund. Johnson & Johnson .............................. Juniper Networks Inc ............................ ProShares UltraShort 20+ Year Treasury. United States Natural Gas Fund LP. UnitedHealth Group Inc. United Parcel Service Inc. US Bancorp. United States Oil Fund LP. ProShares Ultra Financials. Visa Inc. 105 ............... 131 ............... srobinson on DSKHWCL6B1PROD with NOTICES Nat’l ranking 10 ................ 133 .............. WFC ............ WYNN ......... Wells Fargo & Co. Wynn Resorts Ltd. 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. 4 See Securities and Exchange Act Release No. 60886 (October 27, 2009) (SR–BX–2009–067). This proposal was effective immediately upon filing. 5 For purposes of assessing national average daily volume the Exchange will use data compiled and disseminated by the Options Clearing Corporation. VerDate Nov<24>2008 17:07 Nov 12, 2009 Jkt 220001 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 November PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 Company name 2, 2009 shall be determined using data from the six month period ending September 30, 2009. 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. E:\FR\FM\13NON1.SGM 13NON1 58668 Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Notices Nat’l ranking Symbol Company name Nat’l ranking Symbol 98 ................. 39 ................. 87 ................. 71 ................. 113 ............... 63 ................. KO ............... LVS ............. MCD ............ MGM ........... MON ............ MOS ............ Coca-Cola Co/The ................................ Las Vegas Sands Corp ........................ McDonald’s Corp .................................. MGM Mirage ......................................... Monsanto Co ........................................ Mosaic Co/The ...................................... 52 ................ 114 .............. 86 ................ 79 ................ 54 ................ X .................. XHB ............. XLI ............... XLU ............. XRT ............. 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act,8 in general, and Section 6(b)(5) of the Act,9 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 Pilot in a manner consistent with prior rule changes. otherwise further the purposes of the Act. 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. 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–2009–069. 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 (https://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 srobinson on DSKHWCL6B1PROD with NOTICES 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 10 and Rule 19b–4(f)(1) thereunder,11 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 8 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). 10 15 U.S.C. 78s(b)(3)(A)(i). 11 17 CFR 240.19b–4(f)(1). 9 15 VerDate Nov<24>2008 17:07 Nov 12, 2009 Jkt 220001 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 (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–BX–2009–069 on the subject line. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Company name United States Steel Corp. SPDR S&P Homebuilders ETF. Industrial Select Sector SPDR Fund. Utilities Select Sector SPDR Fund. SPDR S&P Retail ETF. information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR–BX–2009–069 and should be submitted on or before December 4, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–27256 Filed 11–12–09; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60944; File No. SR– NYSEArca–2009–99] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Fee Schedule November 5, 2009. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that, on October 29, 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’) 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 self-regulatory organization. NYSE Arca filed the proposal pursuant to Section 19(b)(3)(A) 4 of the Act and Rule 19b– 4(f)(2) 5 thereunder. 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 proposes to amend the section of its Schedule of Fees and 12 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b–4. 4 15 U.S.C. 78s(b)(3)(A). 5 17 CFR 240.19b–4(f)(2). 1 15 E:\FR\FM\13NON1.SGM 13NON1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Notices]
[Pages 58666-58668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27256]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60950; File No. SR-BX-2009-069]

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

November 6, 2009.
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 October 27, 2009, 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.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.

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[[Page 58667]]

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 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\
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\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.
---------------------------------------------------------------------------

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 Monday, October 19, 2009 the Exchange submitted a proposed rule
change with the Securities and Exchange Commission (``Commission'') to
(i) extend the Penny Pilot Program in options classes (``Penny Pilot
Program'') previously approved by the Commission through December 31,
2010; (ii) expand the number of classes included in the Penny Pilot
Program; and (iii) replace on a semi-annual basis any Penny Pilot
Program classes that have been delisted.\4\
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\4\ See Securities and Exchange Act Release No. 60886 (October
27, 2009) (SR-BX-2009-067). This proposal was effective immediately
upon filing.
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The top 300 most actively traded multiply listed options classes in
the prior six calendar months \5\ preceding their addition to the Penny
Pilot Program that are not yet included in the Penny Pilot Program will
be phased-in to the Penny Pilot Program over four successive quarters
with 75 classes added in each of November 2009, February 2010, May
2010, and August 2010.\6\ Options classes with high premiums will be
excluded for the quarterly additions.\7\
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\5\ For purposes of assessing national average daily volume the
Exchange will use data compiled and disseminated by the Options
Clearing Corporation.
\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 November 2, 2009 shall be
determined using data from the six month period ending September 30,
2009.
\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.
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Based on trading activity for the six months ending September 30,
2009, the Exchange proposes to add the following 75 classes to the
Penny Pilot Program on November 2, 2009:

----------------------------------------------------------------------------------------------------------------
Nat'l ranking Symbol Company name Nat'l ranking Symbol Company name
----------------------------------------------------------------------------------------------------------------
118............... ABX............... Barrick Gold 120.............. MRK.............. Merck & Co Inc/
Corp. NJ.
134............... AUY............... Yamana Gold Inc. 35............... MS............... Morgan Stanley.
48................ AXP............... American Express 73............... NLY.............. Annaly Capital
Co. Management Inc.
93................ BA................ Boeing Co/The... 99............... NOK.............. Nokia OYJ.
115............... BBT............... BB&T Corp....... 121.............. NVDA............. Nvidia Corp.
111............... BBY............... Best Buy Co Inc. 80............... ORCL............. Oracle Corp.
94................ BP................ BP PLC.......... 61............... PALM............. Palm Inc.
67................ CHK............... Chesapeake 37............... PBR.............. Petroleo
Energy Corp. Brasileiro SA.
58................ CIT............... CIT Group Inc... 85............... PG............... Procter & Gamble
Co/The.
78................ COF............... Capital One 41............... POT.............. Potash Corp of
Financial Corp. Saskatchewan
Inc.
68................ CVX............... Chevron Corp.... 74............... RF............... Regions
Financial Corp.
130............... DE................ Deere & Co...... 124.............. RIG.............. Transocean Ltd.
104............... DOW............... Dow Chemical Co/ 132.............. RMBS............. Rambus Inc.
The.
49................ DRYS.............. DryShips Inc.... 103.............. S................ Sprint Nextel
Corp.
88................ EFA............... iShares MSCI 83............... SDS.............. ProShares
EAFE Index Fund. UltraShort
S&P500.
64................ ETFC.............. E*Trade 122.............. SKF.............. ProShares
Financial Corp. UltraShort
Financials.
32................ EWZ............... iShares MSCI 107.............. SLB.............. Schlumberger
Brazil Index Ltd.
Fund.
25................ FAS............... Direxion Daily 91............... SLV.............. iShares Silver
Financial Bull Trust.
3X Shares.
33................ FAZ............... Direxion Daily 84............... SRS.............. ProShares
Financial Bear UltraShort Real
3X Shares. Estate.
112............... FITB.............. Fifth Third 119.............. SSO.............. ProShares Ultra
Bancorp. S&P500.
70................ FSLR.............. First Solar Inc. 101.............. STI.............. SunTrust Banks
Inc.
26................ FXI............... iShares FTSE/ 125.............. SVNT............. Savient
Xinhua China 25 Pharmaceuticals
Index Fund. Inc.
82................ GDX............... Market Vectors-- 92............... TBT.............. ProShares
Gold Miners ETF. UltraShort 20+
Year Treasury.
127............... GG................ Goldcorp Inc.... 14............... UNG.............. United States
Natural Gas
Fund LP.
18................ GLD............... SPDR Gold Trust. 117.............. UNH.............. UnitedHealth
Group Inc.
129............... HGSI.............. Human Genome 110.............. UPS.............. United Parcel
Sciences Inc. Service Inc.
62................ HIG............... Hartford 81............... USB.............. US Bancorp.
Financial
Services Group
Inc.
72................ HPQ............... Hewlett-Packard 44............... USO.............. United States
Co. Oil Fund LP.
59................ IBM............... International 60............... UYG.............. ProShares Ultra
Business Financials.
Machines Corp.
45................ IYR............... iShares Dow 96............... V................ Visa Inc.
Jones US Real
Estate Index
Fund.
105............... JNJ............... Johnson & 10............... WFC.............. Wells Fargo &
Johnson. Co.
131............... JNPR.............. Juniper Networks 133.............. WYNN............. Wynn Resorts
Inc. Ltd.

[[Page 58668]]

98................ KO................ Coca-Cola Co/The 52............... X................ United States
Steel Corp.
39................ LVS............... Las Vegas Sands 114.............. XHB.............. SPDR S&P
Corp. Homebuilders
ETF.
87................ MCD............... McDonald's Corp. 86............... XLI.............. Industrial
Select Sector
SPDR Fund.
71................ MGM............... MGM Mirage...... 79............... XLU.............. Utilities Select
Sector SPDR
Fund.
113............... MON............... Monsanto Co..... 54............... XRT.............. SPDR S&P Retail
ETF.
63................ MOS............... Mosaic Co/The... ................
----------------------------------------------------------------------------------------------------------------

2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(5) of the Act,\9\ 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 Pilot in a manner
consistent with prior rule changes.
---------------------------------------------------------------------------

\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 \10\ and Rule 19b-4(f)(1)
thereunder,\11\ 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 otherwise further the purposes of the
Act.
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\10\ 15 U.S.C. 78s(b)(3)(A)(i).
\11\ 17 CFR 240.19b-4(f)(1).
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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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-BX-2009-069 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-2009-069. 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 (https://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-2009-069 and should be
submitted on or before December 4, 2009.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27256 Filed 11-12-09; 8:45 am]
BILLING CODE 8011-01-P

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