Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Adding 75 Options Classes to the Penny Pilot Program, 6424-6426 [2010-2739]

Download as PDF 6424 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices Display Orders in AutoEx. Based upon the information above, the Exchange believes that the proposed rule change is consistent with the protection of investors and the public interest. Operative Date and Notice The Exchange intends to make the proposed modifications, which are effective on filing of this proposed rule, operative for trading on February 1, 2010. Pursuant to Exchange Rule 16.1(c), the Exchange will ‘‘provide ETP Holders with notice of all relevant dues, fees, assessments and charges of the Exchange’’ through the issuance of a Regulatory Circular of the changes to the Fee Schedule and will post a copy of the rule filing on the Exchange’s Web site (https://www.nsx.com). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6(b) of the Act,6 in general, and Section 6(b)(4) of the Act,7 in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its members and other persons using the facilities of the Exchange. Moreover, the proposed rule change is not discriminatory in that all ETP Holders are eligible to submit (or not submit) trades and quotes at any price in AutoEx in all tapes, as either displayed or undisplayed, and as liquidity adding or liquidity taking, and may do so at their discretion. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any inappropriate burden on competition. Cprice-sewell on DSK2BSOYB1PROD 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 written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The proposed rule change has taken effect upon filing pursuant to Section 19(b)(3)(A)(ii) of the Act 8 and subparagraph (f)(2) of Rule 19b–4 9 thereunder, because, as provided in (f)(2), it changes ‘‘a due, fee or other charge applicable only to a member’’ 6 15 U.S.C. 78f(b). U.S.C. 78f(b)(4). 8 15 U.S.C. 78s(b)(3)(A)(ii). 9 17 CFR 240.19b–4. 7 15 VerDate Nov<24>2008 14:39 Feb 08, 2010 Jkt 220001 (known on the Exchange as an ETP Holder). At any time within sixty (60) days of the filing of such 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: should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NSX–2010–01 and should be submitted on or before March 2, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–2740 Filed 2–8–10; 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–NSX–2010–01 on the subject line. [Release No. 34–61471; File No. SR– NYSEAmex–2010–06] 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–NSX–2010–01. 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 Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing will also be available for inspection and copying at the principal office of the self-regulatory organization. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You February 2, 2010. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Adding 75 Options Classes to the Penny Pilot Program Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’) 1, and Rule 19b–4 thereunder,2 notice is hereby given that on February 1, 2010, NYSE Amex LLC (the ‘‘NYSE Amex’’ 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. 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 identify the next 75 options classes to be added to the Penny Pilot Program for Options (‘‘Penny Pilot’’ or ‘‘Pilot’’) on November 2, 2009 [sic].3 There are no changes to the Rule text. A copy of this filing is available on the Exchange’s Web site at https://www.nyse.com, at the Exchange’s principal office, at the Commission’s Public Reference Room and on the Commission’s Web site at https:// www.sec.gov. 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 form 19b–4 correctly notes that the 75 new classes were added to the Penny Pilot on February 1, 2010. 1 15 E:\FR\FM\09FEN1.SGM 09FEN1 6425 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 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 those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, Nat’l ranking 131 169 151 156 181 178 117 166 172 209 145 190 218 Symbol .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... ABT AEM AET AFL AKAM AMAT AMR ANF APC ATVI BBD BCRX BK 194 .................... 184 .................... BRCM BTU 144 200 211 142 203 143 174 183 146 121 BX CAL CF CMCSA CSX CVS CX DD ERTS EWJ .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... set forth in Sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose NYSE Amex proposes to identify the next 75 options classes to be added to the Penny Pilot effective February 1, 2010. The Exchange recently filed to Company name Nat’l ranking 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. 192 205 162 152 176 155 217 187 140 177 157 158 150 141 ................... 185 ................... PM PNC Blackstone Group LP. Continental Airlines Inc. CF Industries Holdings Inc. Comcast Corp. CSX Corp. CVS Caremark Corp. Cemex SA.B de CV. EI du Pont de Nemours & Co. Electronic Arts Inc. iShares MSCI Japan Index Fund. FedEx Corp. 216 149 175 212 215 153 219 202 207 196 QID SHLD SLM SLW SQNM STEC STX SU TCK TEVA 135 ................... TLT 214 ................... TZA 168 ................... UAUA 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. 154 180 204 115 165 191 URE UTX WFR WFT WLP. XLB 173 ................... 148 ................... 130 ................... FNM 182 .................... FRE 179 198 170 197 161 193 .................... .................... .................... .................... .................... .................... GILD GLW HBC HES HL HOG 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. 206 210 213 137 Cprice-sewell on DSK2BSOYB1PROD with NOTICES 118 .................... .................... .................... .................... .................... HON JOYG JWN KFT Honeywell International Inc. Joy Global Inc. Nordstrom Inc. Kraft Foods Inc. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with and furthers the objectives of Section 6(b)(5) of the Act, in that it is designed 4 See Exchange Act Release No. 61106 (December 3, 2009) 74 FR 65193 (December 9, 2009). 14:39 Feb 08, 2010 Company name Leap Wireless International Inc. Eli Lilly & Co. Lorillard Inc. Lowe’s Co.s 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. FDX Jkt 220001 ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... Symbol LEAP LLY LO LOW M MCO MET MMM MU NUE OXY PARD PEP 186 .................... VerDate Nov<24>2008 extend and expand the Pilot through December 31, 2010.4 In that filing, the Exchange had proposed expanding the Pilot on a quarterly basis to add the next 75 most actively traded multiply listed options classes based on national average daily volume for the six-months prior to selection, closing under $200 per share on the Expiration Friday prior to expansion, except that the month immediately preceding their addition to the Penny Pilot will not be used for the purpose of the six month analysis.5 ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... ................... XRX XTO YRCW to promote just and equitable principles of trade, remove impediments to and perfect the mechanisms of a free and open market and a national market system and, in general, to protect 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. investors and the public interest, by identifying the options classes added to the Pilot in a manner consistent with prior approvals and filings. 5 Index products would be included in the expansion if the underlying index level was under 200. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1 6426 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 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 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 proposed rule change is effective upon filing pursuant to Section 19(b)(3)(A)(i) of the Exchange Act 6 and Rule 19b–4(f)(1) thereunder,7 in that it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule of the Exchange. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would otherwise further the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Cprice-sewell on DSK2BSOYB1PROD with NOTICES 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–NYSEAmex–2010–06 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–NYSEAmex–2010–06. 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 Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at NYSE Amex’s principal office and on its Web site at www.nyse.com. 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– NYSEAmex–2010–06 and should be submitted on or before March 2, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–2739 Filed 2–8–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–61486; File No. SR–Phlx– 2010–18] Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing of Proposed Rule Change To Codify Prices for Co-Location Services February 3, 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 29, 2010, NASDAQ OMX PHLX (‘‘Phlx’’ or ‘‘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 8 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 6 15 U.S.C. 78s(b)(3)(A)(i). 7 17 CFR 240.19b–4(f)(1). VerDate Nov<24>2008 14:39 Feb 08, 2010 1 15 Jkt 220001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 substantially prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change NASDAQ OMX PHLX is filing with the Securities and Exchange Commission (‘‘Commission’’) a proposed rule change to codify pricing for colocation services. The text of the proposed rule change is available at https://www.nasdaqtrader.com/ micro.aspx?id=PHLXRulefilings, on the Commission’s Web site at https:// www.sec.gov, at the Exchange’s principal office, and at the Commission’s Public Reference Room. The Exchange will implement the proposed rule change on the first day of the month immediately following Commission approval (or on the date of approval, if on the first business day of a month). 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 Exchange is proposing to codify fees for its existing co-location services. Co-location services are a suite of hardware, power, telecommunication, and other ancillary products and services that allow market participants and vendors to place their trading and communications equipment in close physical proximity to the quoting and execution facilities of the Exchange. Phlx provides co-location services and imposes fees through Nasdaq Technology Services LLC and pursuant to agreements with the owner/operator of its data center where both the Exchange’s quoting and trading facilities and co-located customer equipment are E:\FR\FM\09FEN1.SGM 09FEN1

Agencies

[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Pages 6424-6426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2739]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61471; File No. SR-NYSEAmex-2010-06]


Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Adding 75 Options 
Classes to the Penny Pilot Program

February 2, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\, and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on February 1, 2010, NYSE Amex LLC (the ``NYSE Amex'' 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. 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 proposes to identify the next 75 options classes to be 
added to the Penny Pilot Program for Options (``Penny Pilot'' or 
``Pilot'') on November 2, 2009 [sic].\3\ There are no changes to the 
Rule text. A copy of this filing is available on the Exchange's Web 
site at https://www.nyse.com, at the Exchange's principal office, at the 
Commission's Public Reference Room and on the Commission's Web site at 
https://www.sec.gov.
---------------------------------------------------------------------------

    \3\ The Commission notes that the form 19b-4 correctly notes 
that the 75 new classes were added to the Penny Pilot on February 1, 
2010.

---------------------------------------------------------------------------

[[Page 6425]]

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 those 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 parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Amex proposes to identify the next 75 options classes to be 
added to the Penny Pilot effective February 1, 2010. The Exchange 
recently filed to extend and expand the Pilot through December 31, 
2010.\4\ In that filing, the Exchange had proposed expanding the Pilot 
on a quarterly basis to add the next 75 most actively traded multiply 
listed options classes based on national average daily volume for the 
six-months prior to selection, closing under $200 per share on the 
Expiration Friday prior to expansion, except that the month immediately 
preceding their addition to the Penny Pilot will not be used for the 
purpose of the six month analysis.\5\
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 61106 (December 3, 2009) 74 FR 
65193 (December 9, 2009).
    \5\ Index products would be included in the expansion if the 
underlying index level was under 200.

----------------------------------------------------------------------------------------------------------------
         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 Co.s Inc.
181...........................  AKAM        Akamai              176..............  M           Macy's Inc.
                                             Technologies Inc.
178...........................  AMAT        Applied Materials   155..............  MCO         Moody's Corp.
                                             Inc.
117...........................  AMR         AMR Corp.           217..............  MET         MetLife Inc.
166...........................  ANF         Abercrombie &       187..............  MMM         3M Co.
                                             Fitch Co.
172...........................  APC         Anadarko Petroleum  140..............  MU          Micron Technology
                                             Corp.                                              Inc.
209...........................  ATVI        Activision          177..............  NUE         Nucor Corp.
                                             Blizzard 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 SA.B de CV.   219..............  STX         Seagate
                                                                                                Technology.
183...........................  DD          EI du Pont de       202..............  SU          Suncor Energy
                                             Nemours & Co.                                      Inc.
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
                                             Association.                                       3X 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 the proposed rule change is consistent 
with and furthers the objectives of Section 6(b)(5) of the Act, in that 
it is designed to promote just and equitable principles of trade, 
remove impediments to and perfect the mechanisms of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest, by identifying the options classes 
added to the Pilot in a manner consistent with prior approvals and 
filings.

[[Page 6426]]

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 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 proposed rule change is effective upon filing pursuant to 
Section 19(b)(3)(A)(i) of the Exchange Act \6\ and Rule 19b-4(f)(1) 
thereunder,\7\ in that it constitutes a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing rule of the Exchange. At any time within 60 
days of the filing of the proposed rule change, the Commission may 
summarily abrogate the rule change if it appears to the Commission that 
the action is necessary or appropriate in the public interest, for the 
protection of investors, or would otherwise further the purposes of the 
Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(i).
    \7\ 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-NYSEAmex-2010-06 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-NYSEAmex-2010-06. 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 Web site 
viewing and printing in the Commission's Public Reference Room, 100 F 
Street, NE., Washington, DC 20549, on official business days between 
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be 
available for inspection and copying at NYSE Amex's principal office 
and on its Web site at www.nyse.com. 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-NYSEAmex-2010-06 and should be submitted on 
or before March 2, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2739 Filed 2-8-10; 8:45 am]
BILLING CODE 8011-01-P
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