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, 6233-6235 [2010-2583]
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Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices
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:
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
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–2010–010 on the
subject line.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
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 (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
11 For 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).
VerDate Nov<24>2008
11:51 Feb 05, 2010
Jkt 220001
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.
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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6233
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 https://
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
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).
4 See Rule 1034 regarding the Penny Pilot.
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).
E:\FR\FM\08FEN1.SGM
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6234
Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices
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
Nat’l ranking
Symbol
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
Nat’l
ranking
Company name
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.
Symbol
Company name
Leap Wireless International Inc.
Eli Lilly & Co.
Lorillard Inc.
Lowe’s Cos Inc.
Macy’s Inc.
Moody’s Corp.
MetLife Inc.
3M Co.
Micron Technology Inc.
Nucor Corp.
Occidental Petroleum Corp.
Poniard Pharmaceuticals Inc.
PepsiCo Inc/NC.
Philip Morris International Inc.
PNC Financial Services Group Inc.
ProShares UltraShort QQQ.
Sears Holdings Corp.
SLM Corp.
Silver Wheaton Corp.
Sequenom Inc.
STEC Inc.
Seagate Technology.
Suncor Energy Inc.
Teck Resources Ltd.
Teva Pharmaceutical Industries Ltd.
iShares Barclays 20+ Year Treasury Bond
Fund.
Direxion Daily Small Cap Bear 3X Shares.
UAL Corp.
ProShares Ultra Real Estate.
United Technologies Corp.
MEMC Electronic Materials Inc.
Weatherford International Ltd.
WellPoint Inc.
Materials Select Sector SPDR Fund.
Xerox Corp.
XTO Energy Inc.
YRC Worldwide Inc.
131
169
151
156
181
178
117
166
172
209
145
190
218
194
184
144
200
211
142
203
143
174
183
146
121
186
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
ABT ........
AEM .......
AET ........
AFL ........
AKAM .....
AMAT .....
AMR .......
ANF ........
APC .......
ATVI .......
BBD .......
BCRX .....
BK ..........
BRCM ....
BTU ........
BX ..........
CAL ........
CF ..........
CMCSA ..
CSX .......
CVS .......
CX ..........
DD ..........
ERTS .....
EWJ .......
FDX ........
Abbott Laboratories.
Agnico-Eagle Mines Ltd.
Aetna Inc.
Aflac Inc.
Akamai Technologies Inc.
Applied Materials Inc.
AMR Corp.
Abercrombie & Fitch Co.
Anadarko Petroleum Corp.
Activision Blizzard Inc.
Banco Bradesco SA.
BioCryst Pharmaceuticals Inc.
Bank of New York Mellon Corp/The.
Broadcom Corp.
Peabody Energy Corp.
Blackstone Group LP.
Continental Airlines Inc.
CF Industries Holdings Inc.
Comcast Corp.
CSX Corp.
CVS Caremark Corp.
Cemex SAB de CV.
EI du Pont de Nemours & Co.
Electronic Arts Inc.
iShares MSCI Japan Index Fund.
FedEx Corp.
192
205
162
152
176
155
217
187
140
177
157
158
150
141
185
216
149
175
212
215
153
219
202
207
196
135
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
.........
LEAP ......
LLY ........
LO ..........
LOW .......
M ............
MCO ......
MET .......
MMM ......
MU .........
NUE .......
OXY .......
PARD .....
PEP ........
PM .........
PNC .......
QID ........
SHLD .....
SLM .......
SLW .......
SQNM ....
STEC .....
STX ........
SU ..........
TCK ........
TEVA .....
TLT ........
118
182
179
198
170
197
161
193
206
210
213
137
................
................
................
................
................
................
................
................
................
................
................
................
FNM .......
FRE ........
GILD ......
GLW .......
HBC .......
HES .......
HL ..........
HOG .......
HON .......
JOYG .....
JWN .......
KFT ........
Federal National Mortgage Association.
Federal Home Loan Mortgage Corp.
Gilead Sciences Inc.
Corning Inc.
HSBC Holdings PLC.
Hess Corp.
Hecla Mining Co.
Harley-Davidson Inc.
Honeywell International Inc.
Joy Global Inc.
Nordstrom Inc.
Kraft Foods Inc.
214 .........
168 .........
154 .........
180 .........
204 .........
115 .........
165 .........
191 .........
173 .........
148 .........
130 .........
................
TZA ........
UAUA .....
URE .......
UTX ........
WFR .......
WFT .......
WLP .......
XLB ........
XRX .......
XTO .......
YRCW ....
................
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
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
6 15
7 15
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.
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
VerDate Nov<24>2008
11:51 Feb 05, 2010
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
8 15
9 17
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E:\FR\FM\08FEN1.SGM
U.S.C. 78s(b)(3)(A)(i).
CFR 240.19b–4(f)(1).
08FEN1
Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices
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:
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.
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–Phlx–2010–12 on the
subject line.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
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 (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.
SECURITIES AND EXCHANGE
COMMISSION
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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), 74 FR 56897 (November
3, 2009) (SR–BX–2009–067). This proposal was
effective immediately upon filing.
5 The Exchange filed a proposal similar to the
present proposal for the November 2, 2009
expansion of 75 classes. See Securities and
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
1 15
VerDate Nov<24>2008
11:51 Feb 05, 2010
Jkt 220001
[FR Doc. 2010–2583 Filed 2–5–10; 8:45 am]
BILLING CODE 8011–01–P
[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
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.
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,
PO 00000
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6235
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:
2010 shall be determined using data from the six
month period ending December 31, 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\08FEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Notices]
[Pages 6233-6235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2583]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
\4\ See Rule 1034 regarding the Penny Pilot.
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site at https://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
[[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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 192............ LEAP........... Leap Wireless
Laboratories. International
Inc.
169................. AEM............ Agnico-Eagle Mines 205............ LLY............ Eli Lilly & Co.
Ltd.
151................. AET............ Aetna Inc. 162............ LO............. Lorillard Inc.
156................. AFL............ Aflac Inc. 152............ LOW............ Lowe's Cos Inc.
181................. AKAM........... Akamai Technologies 176............ M.............. Macy's Inc.
Inc.
178................. AMAT........... Applied Materials 155............ MCO............ Moody's Corp.
Inc.
117................. AMR............ AMR Corp. 217............ MET............ MetLife Inc.
166................. ANF............ Abercrombie & Fitch 187............ MMM............ 3M Co.
Co.
172................. APC............ Anadarko Petroleum 140............ MU............. Micron Technology
Corp. Inc.
209................. ATVI........... Activision Blizzard 177............ NUE............ Nucor Corp.
Inc.
145................. BBD............ Banco Bradesco SA. 157............ OXY............ Occidental
Petroleum Corp.
190................. BCRX........... BioCryst 158............ PARD........... Poniard
Pharmaceuticals Pharmaceuticals
Inc. Inc.
218................. BK............. Bank of New York 150............ PEP............ PepsiCo Inc/NC.
Mellon Corp/The.
194................. BRCM........... Broadcom Corp. 141............ PM............. Philip Morris
International
Inc.
184................. BTU............ Peabody Energy 185............ PNC............ PNC Financial
Corp. Services Group
Inc.
144................. BX............. Blackstone Group 216............ QID............ ProShares
LP. UltraShort QQQ.
200................. CAL............ Continental 149............ SHLD........... Sears Holdings
Airlines Inc. Corp.
211................. CF............. CF Industries 175............ SLM............ SLM Corp.
Holdings Inc.
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 202............ SU............. Suncor Energy Inc.
Nemours & Co.
146................. ERTS........... Electronic Arts 207............ TCK............ Teck Resources
Inc. Ltd.
121................. EWJ............ iShares MSCI Japan 196............ TEVA........... Teva
Index Fund. Pharmaceutical
Industries Ltd.
186................. FDX............ FedEx Corp. 135............ TLT............ iShares Barclays
20+ Year Treasury
Bond Fund.
118................. FNM............ Federal National 214............ TZA............ Direxion Daily
Mortgage Small Cap Bear 3X
Association. Shares.
182................. FRE............ Federal Home Loan 168............ UAUA........... UAL Corp.
Mortgage Corp.
179................. GILD........... Gilead Sciences 154............ URE............ ProShares Ultra
Inc. 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 191............ XLB............ Materials Select
Inc. Sector SPDR Fund.
206................. HON............ Honeywell 173............ XRX............ Xerox Corp.
International Inc.
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.
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\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
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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.
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\8\ 15 U.S.C. 78s(b)(3)(A)(i).
\9\ 17 CFR 240.19b-4(f)(1).
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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
[[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 (https://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 (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-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\
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\10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2583 Filed 2-5-10; 8:45 am]
BILLING CODE 8011-01-P
