Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Adding 75 Options Classes to the Penny Pilot Program, 6756-6758 [2010-2953]

Download as PDF 6756 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices particular the addendum thereto concerning Principles Governing the Review of Novel Derivative Products, the Commission believes that novel derivative products that implicate areas of overlapping regulatory concern should be permitted to trade in either or both a CFTC- or Commission-regulated environment, in a manner consistent with laws and regulations (including the appropriate use of all available exemptive and interpretive authority). As national securities exchanges, each of the CBOE, ISE, NYSE Amex, and NYSE Arca is required under Section 6(b)(1) of the Act 16 to enforce compliance by its members, and persons associated with its members, with the provisions of the Act, Commission rules and regulations thereunder, and its own rules. In addition, brokers that trade ETFS Options will also be subject to best execution obligations and FINRA rules.17 Applicable exchange rules also require that customers receive appropriate disclosure before trading ETFS Options.18 Further, brokers opening accounts and recommending options transactions must comply with relevant customer suitability standards.19 ETFS Options will trade as options under the trading rules of each of the exchanges. These rules, among other things, are designed to avoid trading through better displayed prices for ETFS Options available on other exchanges and, thereby, satisfy each exchange’s obligation under the Options Order Protection and Locked/Crossed Market Plan.20 Series of the ETFS Options will be subject to exchange rules regarding continued listing requirements, including standards applicable to the underlying ETFS Silver and ETF Gold Trusts. Shares of the ETFS Silver and ETFS Gold Trusts must continue to be traded through a national securities exchange or through the facilities of a national securities association, and must be ‘‘NMS stock’’ as defined under Rule 600 of Regulation NMS.21 In addition, the underlying shares must continue to be available for creation or redemption each business day from or through the issuer in cash or in kind at a price 16 15 U.S.C. 78f(b)(1). NASD Rule 2320. 18 See CBOE Rule 9.15; ISE Rule 616; NYSE Amex Rule 926; and NYSE Arca Rule 9.18(g). 19 See FINRA Rule 2360(b); CBOE Rules 9.7 and 9.9; ISE Rules 608 and 610; NYSE Amex Rule 923; and NYSE Arca Rule 918(b)–(c). 20 See CBOE Rule 6.81; ISE Rule 1902; NYSE Amex Rule 991NY; and NYSE Arca Rule 6.94. Specifically, each of the exchanges is a participant in the Options Order Protection and Locked/ Crossed Market Plan. 21 17 CFR 242.600. sroberts on DSKD5P82C1PROD with NOTICES 17 See VerDate Nov<24>2008 16:21 Feb 09, 2010 Jkt 220001 related to net asset value.22 If the ETFS Silver or ETFS Gold Trust shares fail to meet these requirements, the exchanges will not open for trading any new series of the respective ETFS Options. CBOE, ISE, NYSE Amex, and NYSE Arca have all represented that they have surveillance programs in place for the listing and trading of ETFS Options. For example, these exchanges may obtain trading information via the ISG from the NYMEX related to any financial instrument traded there that is based, in whole or in part, upon an interest in, or performance of, silver or gold. Additionally, the listing and trading of ETFS Options will be subject to the exchanges’ rules pertaining to position and exercise limits 23 and margin.24 In addition, the Commission finds good cause, pursuant to Section 19(b)(2) of the Act,25 for approving the proposed rule change of CBOE prior to the thirtieth day after the date of publication of notice in the Federal Register. The Commission notes that CBOE’s proposal is substantively identical to the proposals of ISE, NYSE Amex, and NYSE Arca, which were published for a 21-day comment period and generated no comments. Therefore, the Commission does not believe that the CBOE proposal raises any new regulatory issues different from that of the ISE, NYSE Amex, and NYSE Arca proposals. Accordingly, the Commission finds that there is good cause, consistent with Section 6(b)(5) of the Act,26 to approve the CBOE proposal on an accelerated basis. V. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,27 that the proposed rule changes (SR–ISE–2009– 106; SR–NYSEAmex–2009–86; and SR– NYSEArca–2009–110) be, and are hereby, approved and that the proposed rule change (SR–CBOE–2010–007) be, and is hereby, approved on an accelerated basis. 22 See Interpretation and Policy .06 to CBOE Rule 5.3; ISE Rule 502(a)–(b); NYSE Amex Rule 915 Commentary .06; and NYSE Arca Rule 5.3(a)–(b). 23 See CBOE Rules 4.11 and 4.12; ISE Rules 412 and 414; NYSE Amex Rules 904 and 905; and NYSE Arca Rules 6.8 and 6.9. 24 See CBOE Rule 12.3; ISE Rule 1202; NYSE Amex Rule 462; and NYSE Arca Rules 4.15 and 4.16. See also FINRA Rule 2360(b) and Commentary .01 to FINRA Rule 2360. 25 15 U.S.C. 78s(b)(2). 26 15 U.S.C. 78s(b)(5). 27 15 U.S.C. 78s(b)(2). 28 17 CFR 200.30–3(a)(12). PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.28 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–2945 Filed 2–9–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–61482; File No. SR– NYSEArca–2010–06] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Adding 75 Options Classes to the Penny Pilot Program February 3, 2010. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on January 28, 2010, NYSE Arca, Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. 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 designate 75 options classes to be added to the Penny Pilot Program for Options (‘‘Penny Pilot’’ or ‘‘Pilot’’) on February 1, 2010. 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. 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, 1 15 2 17 E:\FR\FM\10FEN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 10FEN1 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 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 Arca proposes to identify the next 75 options classes to be added to Nat’l ranking Symbol 131 169 151 156 181 178 117 166 172 209 145 190 218 ABT AEM AET AFL AKAM AMAT AMR ANF APC ATVI BBD BCRX BK 194 184 the Penny Pilot effective February 1, 2010. The Exchange recently received approval to extend and expand the Pilot through December 31, 2010.3 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 Company name Nat’l ranking 192 205 162 152 176 155 217 187 140 177 157 158 150 BRCM BTU 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 ............... 144 200 211 142 203 143 174 183 146 121 BX CAL CF CMCSA CSX CVS CX DD ERTS EWJ 186 Friday prior to expansion, except that the month immediately preceding their addition to the Penny Pilot will not be used for the purpose of the six month analysis.4 NYSE Arca proposes adding the following 75 options classes to the Penny Pilot on February 1, 2010, based on national average daily volume from July 1, 2009 through December 31, 2009: Symbol Company name LEAP LLY LO LOW M MCO MET MMM MU NUE OXY PARD PEP 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. 141 ............................................. 185 ............................................. PM PNC 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 216 149 175 212 215 153 219 202 207 196 QID SHLD SLM SLW SQNM STEC STX SU TCK TEVA FDX FedEx Corp ................................ 135 ............................................. TLT 118 FNM 214 ............................................. TZA 182 FRE 168 ............................................. UAUA 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 ................... 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 206 210 213 137 HON JOYG JWN KFT Honeywell International Inc ........ Joy Global Inc ............................ Nordstrom Inc ............................ Kraft Foods Inc .......................... 173 ............................................. 148 ............................................. 130 ............................................. .................................................... sroberts on DSKD5P82C1PROD with NOTICES 2. Statutory Basis The Exchange believes 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 3 See Exchange Act Release No. 60711 (September 23, 2009), 74 FR 49419 (September 28, 2009) (order approving SR–NYSEArca–2009–44). VerDate Nov<24>2008 16:21 Feb 09, 2010 Jkt 220001 ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. 6757 ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. 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 to be added to the Pilot in a manner XRX XTO YRCW 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 4 Index products would be included in the expansion if the underlying index level was under 200. PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 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. E:\FR\FM\10FEN1.SGM 10FEN1 6758 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 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 5 and Rule 19b–4(f)(1) thereunder,6 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: sroberts on DSKD5P82C1PROD 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–NYSEArca–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–NYSEArca-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 5 15 6 17 U.S.C. 78s(b)(3)(A)(i). CFR 240.19b–4(f)(1). VerDate Nov<24>2008 16:21 Feb 09, 2010 Jkt 220001 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 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 Arca’s principal office and on its Web site at https://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–NYSEArca-2010–06 and should be submitted on or before March 3, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–2953 Filed 2–9–10; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–61496; File No. SR– NYSEArca–2009–113] Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of a Proposed Rule Change To List and Trade the Sprott Physical Gold Trust February 4, 2010. I. Introduction On December 15, 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to list and trade units 3 of the Sprott Physical Gold Trust (the ‘‘Trust’’) pursuant to NYSE Arca Equities Rule 8.201. The proposed rule change was 7 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 Each unit represents an equal, fractional, undivided ownership interest in the net assets of the Trust attributable to the particular class of units. 1 15 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 published for comment in the Federal Register on January 4, 2010.4 The Commission received no comments on the proposal. This order approves the proposed rule change. II. Description of the Proposal The Exchange proposes to list and trade units (‘‘Units’’) of the Trust under NYSE Arca Equities Rule 8.201. Sprott Asset Management LP is the sponsor or manager of the Trust (‘‘Sponsor’’ or ‘‘Manager’’).5 RBC Dexia Investor Services Trust is the trustee of the Trust. The Royal Canadian Mint is the custodian for the physical gold bullion owned by the Trust and RBC Dexia serves as the custodian of the Trust’s assets other than physical gold bullion. The Units will be issued in an initial public offering. The Trust may issue additional Units: (i) In future offerings if the gross proceeds received by the Trust per Unit is not less than 100% of the most recently calculated net asset value (‘‘NAV’’) or (ii) by way of a distribution in Units in connection with an income distribution. The Trust will not issue Units on an ongoing or daily basis. At the start of trading, the Trust will issue a minimum of 1,000,000 Units to at least 400 holders (‘‘Unitholders’’). The Exchange states that the Units satisfy the remaining criteria of NYSE Arca Equities Rule 8.201 and thereby qualify for listing on the Exchange.6 The Trust’s investment objective is for the Units to reflect the performance of the price of gold bullion, less the expenses of the Trust’s operations. The Trust expects to own only London Good Delivery physical gold bullion. The Trust is not actively managed and does not engage in any activities designed to obtain a profit from, or to ameliorate losses caused by, changes in the price of gold bullion. The Exchange states that the Trust does not intend to create additional Units. The Units will be redeemable monthly at the option of the holder for physical gold bullion or for cash subject to the certain conditions. Generally, Units redeemed for physical gold will 4 See Securities Exchange Act Release No. 61236 (December 23, 2009), 75 FR 170 (‘‘Notice’’). 5 The Manager is a limited partnership existing under the laws of Ontario, Canada, and acts as manager of the Trust pursuant to the Trust’s trust agreement and the management agreement. The Manager provides management and advisory services to the Trust. Additional details regarding the Trust are set forth in the Registration Statement on Form F–1 for the Sprott Physical Gold Trust, filed with the Commission on December 9, 2009 (No. 333–163601) (‘‘Registration Statement’’). 6 With respect to application of Rule 10A–3 under the Act, the Trust relies on the exemption contained in Rule 10A–3(c)(7). E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Notices]
[Pages 6756-6758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2953]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61482; File No. SR-NYSEArca-2010-06]

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

February 3, 2010.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 28, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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 designate 75 options classes to be added
to the Penny Pilot Program for Options (``Penny Pilot'' or ``Pilot'')
on February 1, 2010. 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.

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,

[[Page 6757]]

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 Arca proposes to identify the next 75 options classes to be
added to the Penny Pilot effective February 1, 2010. The Exchange
recently received approval to extend and expand the Pilot through
December 31, 2010.\3\ 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.\4\
---------------------------------------------------------------------------

\3\ See Exchange Act Release No. 60711 (September 23, 2009), 74
FR 49419 (September 28, 2009) (order approving SR-NYSEArca-2009-44).
\4\ Index products would be included in the expansion if the
underlying index level was under 200.
---------------------------------------------------------------------------

NYSE Arca proposes adding the following 75 options classes to the
Penny Pilot on February 1, 2010, based on national average daily volume
from July 1, 2009 through 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 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 SAB 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 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 to be added to the
Pilot in a manner 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

[[Page 6758]]

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 \5\ and Rule 19b-4(f)(1)
thereunder,\6\ 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.
---------------------------------------------------------------------------

\5\ 15 U.S.C. 78s(b)(3)(A)(i).
\6\ 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-NYSEArca-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-NYSEArca-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 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 Arca's principal office and on its Web
site at https://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-NYSEArca-2010-06 and should be submitted on or before March
3, 2010.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

\7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2953 Filed 2-9-10; 8:45 am]
BILLING CODE 8011-01-P

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