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, 6235-6237 [2010-2585]

Download as PDF 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 Frm 00069 Fmt 4703 Sfmt 4703 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 08FEN1 6236 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices Symbol Company name 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.8 PepsiCo Inc/NC. ABT .................................................... Abbott Laboratories. LEAP .................................................. AEM ................................................... AET .................................................... AFL ..................................................... AKAM ................................................. AMAT ................................................. AMR ................................................... ANF .................................................... APC .................................................... ATVI ................................................... BBD .................................................... BCRX ................................................. BK ...................................................... 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. LLY ..................................................... LO ...................................................... LOW ................................................... M ........................................................ MCO ................................................... MET ................................................... MMM .................................................. MU ..................................................... NUE ................................................... OXY ................................................... PARD ................................................. PEP .................................................... 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. QID ..................................................... SHLD ................................................. SLM .................................................... SLW ................................................... SQNM ................................................ STEC ................................................. STX .................................................... SU ...................................................... TCK .................................................... TEVA .................................................. TZA .................................................... GILD ................................................... GLW ................................................... HBC .................................................... Federal National Mortgage Association. Federal Home Loan Mortgage Corp. Gilead Sciences Inc. Corning Inc. HSBC Holdings PLC. HES .................................................... HL ....................................................... HOG ................................................... Hess Corp. Hecla Mining Co. Harley-Davidson Inc. WFT ................................................... WLP ................................................... XLB .................................................... HON ................................................... JOYG ................................................. JWN ................................................... KFT .................................................... Honeywell International Inc. Joy Global Inc. Nordstrom Inc. Kraft Foods Inc. XRX .................................................... XTO .................................................... YRCW ................................................ BRCM ................................................. BTU .................................................... BX ...................................................... CAL .................................................... CF ...................................................... CMCSA .............................................. CSX .................................................... CVS .................................................... CX ...................................................... DD ...................................................... ERTS .................................................. EWJ .................................................... FDX .................................................... FNM ................................................... FRE .................................................... WReier-Aviles on DSKGBLS3C1PROD with NOTICES 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act,9 in general, and Section 6(b)(5) of the Act,10 in particular, in that it is designed to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism for a free and open market and a national market system and, in 8 Please note that PARD is presently not listed for trading on BOX. If PARD is listed for trading on BOX at a later date it will be subject to the applicable minimum trading increments as set forth in Chapter V, Section 6(b) of the BOX Rules. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(5). VerDate Nov<24>2008 11:51 Feb 05, 2010 Jkt 220001 PM ...................................................... PNC ................................................... TLT ..................................................... UAUA ................................................. URE ................................................... UTX .................................................... WFR ................................................... general, to protect investors and the public interest, by identifying the options classes added to the Penny Pilot Program in a manner consistent with prior rule changes. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received from Members, Participants or Others The Exchange has neither solicited nor received comments on the proposed rule change. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(i) of the Exchange Act 11 and Rule 19b–4(f)(1) thereunder,12 because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing BOX rule. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would 11 15 12 17 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 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: For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–2585 Filed 2–5–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION 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–2010–011 on the subject line. [Release No. 34–61458; File No. SR–ISE– 2010–02] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of Proposed Rule Change To Amend Exchange Rules Related to Cutoff Time for Contrary Exercise Advice Submissions February 1, 2010. Paper Comments 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 11, 2010, the International Securities Exchange, LLC (the ‘‘Exchange’’ or the ‘‘ISE’’) filed with the Securities and All submissions should refer to File Exchange Commission the proposed Number SR–BX–2010–011. This file rule change, as described in Items I, II, number should be included on the and III below, which items have been subject line if e-mail is used. To help the prepared by the Exchange. The Commission process and review your Commission is publishing this notice to comments more efficiently, please use solicit comments on the proposed rule only one method. The Commission will change from interested persons. post all comments on the Commission’s I. Self-Regulatory Organization’s Internet Web site (https://www.sec.gov/ Statement of the Terms of Substance of rules/sro.shtml). Copies of the the Proposed Rule Change submission, all subsequent The International Securities amendments, all written statements Exchange, LLC (the ‘‘Exchange’’ or the with respect to the proposed rule ‘‘ISE’’) proposes to amend Rule 1100 in change that are filed with the order to extend the cut-off time to Commission, and all written submit contrary exercise advices. The communications relating to the text of the proposed rule change is proposed rule change between the Commission and any person, other than available on the Exchange’s Web site https://www.ise.com, at the Exchange’s those that may be withheld from the Office of the Secretary, and at the public in accordance with the Commission’s Public Reference Room. provisions of 5 U.S.C. 552, will be available for inspection and copying in II. Self-Regulatory Organization’s the Commission’s Public Reference Statement of the Purpose of, and Room, 100 F Street, NE., Washington, Statutory Basis for, the Proposed Rule DC 20549, on official business days Change between the hours of 10 a.m. and 3 p.m. In its filing with the Commission, the Copies of such filing also will be self-regulatory organization included available for inspection and copying at statements concerning the purpose of the principal office of the Exchange. All and basis for the proposed rule change comments received will be posted and discussed any comments it received without change; the Commission does on the proposed rule change. The text not edit personal identifying of these statements may be examined at information from submissions. You the places specified in Item IV below. should submit only information that The self-regulatory organization has you wish to make available publicly. All submissions should refer to File No. 13 17 CFR 200.30–3(a)(12). SR–BX–2010–011 and should be 1 15 U.S.C. 78s(b)(1). submitted on or before March 1, 2010. 2 17 CFR 240.19b–4. WReier-Aviles on DSKGBLS3C1PROD with NOTICES • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington DC 20549–1090. VerDate Nov<24>2008 11:51 Feb 05, 2010 Jkt 220001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 6237 prepared summaries, set forth in sections A, B and C below. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend Rule 1100 to extend the cut-off time to submit contrary exercise advices (‘‘Contrary Exercise Advice’’, or, ‘‘CEA’’) 3 to the Exchange. The Exchange also proposes to make certain non-substantive changes to reorganize the text of Rule 1100 to more clearly present the existing requirements and to eliminate duplicative language.4 The Options Clearing Corporation (‘‘OCC’’) has an established procedure, under OCC Rule 805, that provides for the automatic exercise of certain options that are in-the-money by a specified amount known as ‘‘Exercise-byException’’ or ‘‘Ex-by-Ex.’’ Under the Exby-Ex process, options holders holding option contracts that are in-the-money by a requisite amount and who wish to have their contracts automatically exercised need take no further action. However, under OCC Rule 805, option holders who do not want their options automatically exercised or who want their options to be exercised under different parameters than that of the Exby-Ex procedures must instruct OCC of their ‘‘contrary intention.’’ In addition to and separately from the OCC requirement, under Exchange Rule 1100 option holders must file a CEA with the Exchange notifying it of the contrary intention. Rule 1100 is designed, in part, to deter individuals from taking improper advantage of late breaking news by requiring evidence of an option holder’s timely decision to exercise or not exercise expiring equity options. Members satisfy this evidentiary requirement by submitting a CEA form directly to the Exchange, or by electronically submitting the CEA to the Exchange through OCC’s electronic communications system. The 3 Contrary Exercise Advices are also referred to as Expiring Exercise Declarations (‘‘EED’’) in the OCC rules. 4 The Exchange proposes to reorganize the current rule text so that the requirement that exercise decisions must be made by 5:30 p.m. Eastern Time is specified in paragraph (c), while the requirements pertaining to submitting CEA instructions are contained in new paragraph (d). The language in new paragraph (d) is comprised of language moved from paragraph (b)(2) and paragraph (c) of the current rule. The Exchange also proposes to eliminate Supplementary Material .03 to Rule 1100 because it is duplicative of the language contained in paragraph (c) of the current rule and paragraph (d)(iii) in the proposal. E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Notices]
[Pages 6235-6237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2585]


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SECURITIES AND EXCHANGE COMMISSION

[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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NASDAQ OMX BX, Inc. (the ``Exchange'') proposes to designate 75 
options classes to be added to the Penny Pilot Program, as referenced 
in Chapter V, Section 33 of the Rules of the Boston Options Exchange 
Group, LLC (``BOX''). The Exchange intends to notify BOX Options 
Participants of the classes to be added to the Penny Pilot Program via 
Regulatory Circular. The text of the proposed Regulatory Circular is 
attached as Exhibit 2.\3\
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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 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\
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    \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 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, 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.
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    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:

[[Page 6236]]



----------------------------------------------------------------------------------------------------------------
               Symbol                       Company name                 Symbol                Company name
----------------------------------------------------------------------------------------------------------------
ABT.................................  Abbott Laboratories.      LEAP...................  Leap Wireless
                                                                                          International Inc.
AEM.................................  Agnico-Eagle Mines Ltd.   LLY....................  Eli Lilly & Co.
AET.................................  Aetna Inc.                LO.....................  Lorillard Inc.
AFL.................................  Aflac Inc.                LOW....................  Lowe's Cos Inc.
AKAM................................  Akamai Technologies Inc.  M......................  Macy's Inc.
AMAT................................  Applied Materials Inc.    MCO....................  Moody's Corp.
AMR.................................  AMR Corp.                 MET....................  MetLife Inc.
ANF.................................  Abercrombie & Fitch Co.   MMM....................  3M Co.
APC.................................  Anadarko Petroleum Corp.  MU.....................  Micron Technology Inc.
ATVI................................  Activision Blizzard Inc.  NUE....................  Nucor Corp.
BBD.................................  Banco Bradesco SA.        OXY....................  Occidental Petroleum
                                                                                          Corp.
BCRX................................  BioCryst Pharmaceuticals  PARD...................  Poniard Pharmaceuticals
                                       Inc.                                               Inc.\8\
BK..................................  Bank of New York Mellon   PEP....................  PepsiCo Inc/NC.
                                       Corp/The.
BRCM................................  Broadcom Corp.            PM.....................  Philip Morris
                                                                                          International Inc.
BTU.................................  Peabody Energy Corp.      PNC....................  PNC Financial Services
                                                                                          Group Inc.
BX..................................  Blackstone Group LP.      QID....................  ProShares UltraShort
                                                                                          QQQ.
CAL.................................  Continental Airlines      SHLD...................  Sears Holdings Corp.
                                       Inc.
CF..................................  CF Industries Holdings    SLM....................  SLM Corp.
                                       Inc.
CMCSA...............................  Comcast Corp.             SLW....................  Silver Wheaton Corp.
CSX.................................  CSX Corp.                 SQNM...................  Sequenom Inc.
CVS.................................  CVS Caremark Corp.        STEC...................  STEC Inc.
CX..................................  Cemex SAB de CV.          STX....................  Seagate Technology.
DD..................................  EI du Pont de Nemours &   SU.....................  Suncor Energy Inc.
                                       Co.
ERTS................................  Electronic Arts Inc.      TCK....................  Teck Resources Ltd.
EWJ.................................  iShares MSCI Japan Index  TEVA...................  Teva Pharmaceutical
                                       Fund.                                              Industries Ltd.
FDX.................................  FedEx Corp.               TLT....................  iShares Barclays 20+
                                                                                          Year Treasury Bond
                                                                                          Fund.
FNM.................................  Federal National          TZA....................  Direxion Daily Small
                                       Mortgage Association.                              Cap Bear 3X Shares.
FRE.................................  Federal Home Loan         UAUA...................  UAL Corp.
                                       Mortgage Corp.
GILD................................  Gilead Sciences Inc.      URE....................  ProShares Ultra Real
                                                                                          Estate.
GLW.................................  Corning Inc.              UTX....................  United Technologies
                                                                                          Corp.
HBC.................................  HSBC Holdings PLC.        WFR....................  MEMC Electronic
                                                                                          Materials Inc.
HES.................................  Hess Corp.                WFT....................  Weatherford
                                                                                          International Ltd.
HL..................................  Hecla Mining Co.          WLP....................  WellPoint Inc.
HOG.................................  Harley-Davidson Inc.      XLB....................  Materials Select Sector
                                                                                          SPDR Fund.
HON.................................  Honeywell International   XRX....................  Xerox Corp.
                                       Inc.
JOYG................................  Joy Global Inc.           XTO....................  XTO Energy Inc.
JWN.................................  Nordstrom Inc.            YRCW...................  YRC Worldwide Inc.
KFT.................................  Kraft Foods Inc.
----------------------------------------------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\9\ in general, and Section 
6(b)(5) of the Act,\10\ in particular, in that it is designed to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to and 
perfect the mechanism for a free and open market and a national market 
system and, in general, to protect investors and the public interest, 
by identifying the options classes added to the Penny Pilot Program in 
a manner consistent with prior rule changes.
---------------------------------------------------------------------------

    \8\ Please note that PARD is presently not listed for trading on 
BOX. If PARD is listed for trading on BOX at a later date it will be 
subject to the applicable minimum trading increments as set forth in 
Chapter V, Section 6(b) of the BOX Rules.
    \9\ 15 U.S.C. 78f(b).
    \10\ 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 \11\ and Rule 19b-4(f)(1) 
thereunder,\12\ because it constitutes a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing BOX rule.
    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate the rule change if it 
appears to the Commission that the action is necessary or appropriate 
in the public interest, for the protection of investors, or would

[[Page 6237]]

otherwise further the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(i).
    \12\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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-2010-011 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington DC 20549-1090.

All submissions should refer to File Number SR-BX-2010-011. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (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-2010-011 and should be 
submitted on or before March 1, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2585 Filed 2-5-10; 8:45 am]
BILLING CODE 8011-01-P
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