Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Adding 75 Options Classes to the Penny Pilot Program, 26299-26301 [2010-11093]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices information obligations of Rule 605. Each of these respondents is required to respond to the collection of information on a monthly basis. The Commission staff estimates that, on average, Rule 605 causes respondents to spend 6 hours per month in additional time to collect the data necessary to generate the reports, or 72 hours per year. With an estimated 408 market centers subject to Rule 605, the total data collection cost to comply with the monthly reporting requirement is estimated to be 29,376 hours per year. Rule 606 of Regulation NMS (‘‘Rule 606’’), formerly known as Rule 11Ac1– 6, requires broker-dealers to prepare and disseminate quarterly order routing reports. Much of the information needed to generate these reports already should be collected by broker-dealers in connection with their periodic evaluations of their order routing practices. Broker-dealers must conduct such evaluations to fulfill the duty of best execution that they owe their customers. The collection of information obligations of Rule 606 applies to broker-dealers that route non-directed customer orders in covered securities. The Commission estimates that out of the currently 5178 broker-dealers that are subject to the collection of information obligations of Rule 606, clearing brokers bear a substantial portion of the burden of complying with the reporting and recordkeeping requirements of Rule 606 on behalf of small to mid-sized introducing firms. There currently are approximately 527 clearing brokers. In addition, there are approximately 2426 introducing brokers that receive funds or securities from their customers. Because at least some of these firms also may have greater involvement in determining where customer orders are routed for execution, they have been included, along with clearing brokers, in estimating the total burden of Rule 606. The Commission staff estimates that each firm significantly involved in order routing practices incurs an average burden of 40 hours to prepare and disseminate a quarterly report required by Rule 606, or a burden of 160 hours per year. With an estimated 2953 2 broker-dealers significantly involved in order routing practices, the total burden per year to comply with the quarterly reporting requirement in Rule 606 is estimated to be 472,480 hours. Rule 606 requires broker-dealers to respond to individual customer requests for information on orders handled by the broker-dealer for that customer. Clearing brokers generally bear the burden of responding to these requests. The Commission staff estimates that an average clearing broker incurs an annual burden of 400 hours (2000 responses x 0.2 hours/response) to prepare, disseminate, and retain responses to customers required by Rule 606. With an estimated 527 clearing brokers subject to Rule 606, the total burden per year to comply with the customer response requirement in Rule 606 is estimated to be 210,800 hours. The collection of information obligations imposed by Rule 605 and Rule 606 are mandatory. The response will be available to the public and will not be kept confidential. Persons should note that an agency may not conduct or sponsor, and a person is not required to comply with, a collection of information unless it displays a currently valid OMB control number. Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an e-mail to: Shagufta_Ahmed@omb.eop.gov; and (ii) Charles Boucher, Director/Chief Information Officer, Securities and Exchange Commission, c/o Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312, or send an e-mail to PRA_Mailbox@sec.gov. Comments must be submitted to OMB within 30 days of this notice. May 5, 2010. Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–11099 Filed 5–10–10; 8:45 am] BILLING CODE 8010–01–P clearing brokers + 2426 introducing brokers = 2953. VerDate Mar<15>2010 19:22 May 10, 2010 Jkt 220001 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 May 3, 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 and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62031; File No. SR– NYSEArca–2010–39] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Adding 75 Options Classes to the Penny Pilot Program May 4, 2010. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that, on April 28, 1 15 2 527 26299 U.S.C.78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 4 See Exchange Act Release No. 60711 (September 23, 2009), 74 FR 49419 (September 28, 2009) (order approving SR–NYSEArca–2009–44). 2 15 PO 00000 Frm 00115 Fmt 4703 NYSE Arca proposes to identify the next 75 options classes to be added to the Penny Pilot effective May 3, 2010. The Exchange recently received approval 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 Sfmt 4703 E:\FR\FM\11MYN1.SGM 11MYN1 26300 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices Nat’l Ranking Symbol Security name 259 260 261 262 263 ...... ...... ...... ...... ...... STT ..... BHP ..... NFLX ... LDK ..... SPG .... Nat’l Ranking Symbol Security name 264 ...... 265 ...... TIF ....... BUCY .. 153 ...... XLV ..... 155 ...... 157 ...... CIEN ... AMLN .. WAG ... IP ......... XME .... ...... ...... ...... ...... ...... ...... ...... ...... ...... CTIC .... MDT .... TIVO .... MNKD MDVN BRKB .. APOL .. BSX ..... XLY ..... 188 ...... CLF ..... 190 194 197 204 209 ...... ...... ...... ...... ...... ZION ... IOC ...... ITMN ... GME .... XLK ..... 272 273 274 275 279 280 281 282 284 285 286 287 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... KGC .... EP ....... SEED .. WIN ..... DHI ...... ADBE .. PCX ..... SPWRA LCC ..... PRU .... LEN ..... EWT .... 288 289 290 291 ...... ...... ...... ...... KBH ..... CREE .. SIRI ..... MMR ... 210 ...... 212 ...... 213 ...... AKS ..... GRMN MRVL .. 292 ...... 293 ...... CENX .. GFI ...... State Street Corp. BHP Billiton Ltd. NetFlix Inc. LDK Solar Co Ltd. Simon Property Group Inc. Tiffany & Co. Bucyrus International Inc. Walgreen Co. International Paper Co. SPDR S&P Metals & Mining ETF. Kinross Gold Corp. El Paso Corp. Origin Agritech Ltd. Windstream Corp. DR Horton Inc. Adobe Systems Inc. Patriot Coal Corp. SunPower Corp. US Airways Group Inc. Prudential Financial Inc. Lennar Corp. iShares MSCI Taiwan Index Fund. KB Home. Cree Inc. Sirius XM Radio Inc. McMoRan Exploration Co. Century Aluminum Co. Gold Fields Ltd. 215 ...... XLP ..... 216 220 223 225 227 229 ...... ...... ...... ...... ...... ...... UNP .... DTV ..... WMB ... MEE .... CELG .. GMCR 231 ...... 234 ...... 235 ...... WDC ... DAL ..... FXE ..... 237 ...... 239 ...... COST .. MJN ..... 240 241 242 243 244 247 248 249 ...... ...... ...... ...... ...... ...... ...... ...... ALL ...... SII ........ RTN ..... DVN .... MT ....... JCP ..... ACL ..... STP ..... 250 251 253 255 257 258 ...... ...... ...... ...... ...... ...... TLB ..... SYMC .. AMED .. TM ....... HK ....... ENER .. Health Care Select Sector SPDR Fund. Ciena Corp. Amylin Pharmaceuticals Inc. Cell Therapeutics Inc. Medtronic Inc. TiVo Inc. MannKind Corp. Medivation Inc. Berkshire Hathaway Inc. Apollo Group Inc. Boston Scientific Corp. Consumer Discretionary Sel. Sec. SPDR Fund. Cliffs Natural Resources Inc. Zions Bancorporation. InterOil Corp. InterMune Inc. GameStop Corp. Technology Select Sector SPDR Fund. AK Steel Holding Corp. Garmin Ltd. Marvell Technology Group Ltd. Consumer Staples Select Sector SPDR Fund. Union Pacific Corp. DIRECTV. Williams Cos Inc/The. Massey Energy Co. Celgene Corp. Green Mountain Coffee Roasters Inc. Western Digital Corp. Delta Air Lines Inc. CurrencyShares Euro Trust. Costco Wholesale Corp. Mead Johnson Nutrition Co. Allstate Corp/The. Smith International Inc. Raytheon Co. Devon Energy Corp. ArcelorMittal. JC Penney Co Inc. Alcon Inc. Suntech Power Holdings Co Ltd. Talbots Inc. Symantec Corp. Amedisys Inc. Toyota Motor Corp. Petrohawk Energy Corp. Energy Conversion Devices Inc. 266 ...... 268 ...... 271 ...... 158 159 162 163 171 176 178 181 185 emcdonald on DSK2BSOYB1PROD with NOTICES used for the purpose of the six month analysis.5 NYSE Arca proposes adding the following 75 options classes to the Penny Pilot on May 3, 2010, based on national average daily volume from October 1, 2009 through March 31, 2010: 5 Index products would be included in the expansion if the underlying index level was under 200. VerDate Mar<15>2010 19:22 May 10, 2010 Jkt 220001 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 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. PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 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) 6 of the Act and Rule 19b– 4(f)(1) 7 thereunder, 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 such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSEArca–2010–39 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–2010–39. 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 6 15 7 17 U.S.C. 78s(b)(3)(A)(i). CFR 240.19b–4(f)(1). E:\FR\FM\11MYN1.SGM 11MYN1 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices available for Web site viewing and copying in the Commission’s Public Reference Section, 100 F Street, NE., Washington, DC 20549–1090 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 NYSE Arca’s principal office. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NYSEArca–2010–39 and should be submitted on or before June 1, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8 Florence E. Harmon, Deputy Secretary. [FR Doc. 2010–11093 Filed 5–10–10; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62033; File No. SR–BATS– 2010–009] Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Add Seventy-Five Options Classes to the Penny Pilot Program May 4, 2010. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Nat’l ranking I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange is filing with the Commission a proposal for the BATS Exchange Options Market (‘‘BATS Options’’) to designate seventy-five options classes to be added to the Penny Pilot Program (‘‘Penny Pilot’’) on May 3, 2010.3 The Exchange is not proposing to amend any rule text, but simply administering or enforcing an existing rule.4 The text of the proposed rule change is available at the Exchange’s Web site at https://www.batstrading.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Nat’l ranking Symbol Security name ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ XLV ......... CIEN ........ AMLN ...... CTIC ........ MDT ........ TIVO ........ MNKD ...... MDVN ...... BRKB ...... APOL ....... BSX ......... XLY ......... 188 ............ 190 ............ 194 ............ CLF ......... ZION ........ IOC .......... Health Care Select Sector SPDR Fund ....... Ciena Corp ................................................... Amylin Pharmaceuticals Inc ......................... Cell Therapeutics Inc ................................... Medtronic Inc ................................................ TiVo Inc ........................................................ MannKind Corp ............................................ Medivation Inc .............................................. Berkshire Hathaway Inc ............................... Apollo Group Inc .......................................... Boston Scientific Corp .................................. Consumer Discretionary Sel. Sec. SPDR Fund. Cliffs Natural Resources Inc ........................ Zions Bancorporation ................................... InterOil Corp ................................................. 153 155 157 158 159 162 163 171 176 178 181 185 emcdonald on DSK2BSOYB1PROD with NOTICES notice is hereby given that on April 30, 2010, BATS Exchange, Inc. (the ‘‘Exchange’’ or ‘‘BATS’’) 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 Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 8 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 The rules of BATS Options, including rules applicable to BATS Options’ participation in the Penny Pilot, were approved on January 26, 2010. 1 15 VerDate Mar<15>2010 19:22 May 10, 2010 Jkt 220001 247 248 249 250 251 253 255 257 258 259 260 261 Frm 00117 Fmt 4703 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 The purpose of this filing is to identify the next seventy-five options classes to be added to the Penny Pilot effective May 3, 2010. In the Exchange’s filing to adopt rules to govern BATS Options,5 the Exchange proposed commencing operations for BATS Options by trading all options classes that were, as of such date, traded by other options exchanges pursuant to the Penny Pilot and then expanding the Penny Pilot on a quarterly basis, 75 classes at a time, through August 2010. Each such quarterly expansion would be of the seventy-five most actively traded multiply listed options classes based on the national average daily volume (‘‘ADV’’) for the six months prior to selection, closing under $200 per share on the Expiration Friday prior to expansion, except that the month immediately preceding the addition of options to the Penny Pilot would not be used for the purpose of the six month analysis. Index option products would be included in the quarterly expansions if the underlying index levels were under 200. The Exchange is identifying, in the chart below, seventy-five options classes that it will add to the Penny Pilot on May 3, 2010, based on ADVs for the six months ending March 31, 2010. Symbol Security name .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... JCP ......... ACL ......... STP ......... TLB .......... SYMC ...... AMED ...... TM ........... HK ........... ENER ...... STT ......... BHP ......... NFLX ....... JC Penney Co Inc. Alcon Inc. Suntech Power Holdings Co Ltd. Talbots Inc. Symantec Corp. Amedisys Inc. Toyota Motor Corp. Petrohawk Energy Corp. Energy Conversion Devices Inc. State Street Corp. BHP Billiton Ltd. NetFlix Inc. 262 .......... 263 .......... 264 .......... LDK ......... SPG ......... TIF ........... LDK Solar Co Ltd. Simon Property Group Inc. Tiffany & Co. See Securities Exchange Act Release No. 61419 (January 26, 2010), 75 FR 5157 (February 1, 2010) (SR–BATS–2009–031). BATS Options commenced operations on February 26, 2010. This proposal represents the first expansion of classes subject to the Penny Pilot since BATS Options commenced operations. PO 00000 26301 Sfmt 4703 4 See Rule 21.5 regarding the Penny Pilot. Securities Exchange Act Release No. 61097 (December 2, 2009), 74 FR 64788 (December 8, 2009) (SR–BATS–2009–031) (Notice of Filing of Proposed Rule Change to Establish Rules Governing the Trading of Options on the BATS Options Exchange. 5 See E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Notices]
[Pages 26299-26301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11093]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62031; File No. SR-NYSEArca-2010-39]


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

May 4, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on April 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\ 15 U.S.C. 78a.
    \3\ 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 May 3, 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 and at the Commission's Public 
Reference Room.

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

    In its filing with the Commission, the 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 the 
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 May 3, 2010. The Exchange recently 
received approval 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

[[Page 26300]]

used for the purpose of the six month analysis.\5\
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 60711 (September 23, 2009), 74 
FR 49419 (September 28, 2009) (order approving SR-NYSEArca-2009-44).
    \5\ 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 May 3, 2010, based on national average daily volume from 
October 1, 2009 through March 31, 2010:

------------------------------------------------------------------------
    Nat'l Ranking              Symbol                Security name
------------------------------------------------------------------------
153..................  XLV..................  Health Care Select Sector
                                               SPDR Fund.
155..................  CIEN.................  Ciena Corp.
157..................  AMLN.................  Amylin Pharmaceuticals
                                               Inc.
158..................  CTIC.................  Cell Therapeutics Inc.
159..................  MDT..................  Medtronic Inc.
162..................  TIVO.................  TiVo Inc.
163..................  MNKD.................  MannKind Corp.
171..................  MDVN.................  Medivation Inc.
176..................  BRKB.................  Berkshire Hathaway Inc.
178..................  APOL.................  Apollo Group Inc.
181..................  BSX..................  Boston Scientific Corp.
185..................  XLY..................  Consumer Discretionary
                                               Sel. Sec. SPDR Fund.
188..................  CLF..................  Cliffs Natural Resources
                                               Inc.
190..................  ZION.................  Zions Bancorporation.
194..................  IOC..................  InterOil Corp.
197..................  ITMN.................  InterMune Inc.
204..................  GME..................  GameStop Corp.
209..................  XLK..................  Technology Select Sector
                                               SPDR Fund.
210..................  AKS..................  AK Steel Holding Corp.
212..................  GRMN.................  Garmin Ltd.
213..................  MRVL.................  Marvell Technology Group
                                               Ltd.
215..................  XLP..................  Consumer Staples Select
                                               Sector SPDR Fund.
216..................  UNP..................  Union Pacific Corp.
220..................  DTV..................  DIRECTV.
223..................  WMB..................  Williams Cos Inc/The.
225..................  MEE..................  Massey Energy Co.
227..................  CELG.................  Celgene Corp.
229..................  GMCR.................  Green Mountain Coffee
                                               Roasters Inc.
231..................  WDC..................  Western Digital Corp.
234..................  DAL..................  Delta Air Lines Inc.
235..................  FXE..................  CurrencyShares Euro Trust.
237..................  COST.................  Costco Wholesale Corp.
239..................  MJN..................  Mead Johnson Nutrition Co.
240..................  ALL..................  Allstate Corp/The.
241..................  SII..................  Smith International Inc.
242..................  RTN..................  Raytheon Co.
243..................  DVN..................  Devon Energy Corp.
244..................  MT...................  ArcelorMittal.
247..................  JCP..................  JC Penney Co Inc.
248..................  ACL..................  Alcon Inc.
249..................  STP..................  Suntech Power Holdings Co
                                               Ltd.
250..................  TLB..................  Talbots Inc.
251..................  SYMC.................  Symantec Corp.
253..................  AMED.................  Amedisys Inc.
255..................  TM...................  Toyota Motor Corp.
257..................  HK...................  Petrohawk Energy Corp.
258..................  ENER.................  Energy Conversion Devices
                                               Inc.
259..................  STT..................  State Street Corp.
260..................  BHP..................  BHP Billiton Ltd.
261..................  NFLX.................  NetFlix Inc.
262..................  LDK..................  LDK Solar Co Ltd.
263..................  SPG..................  Simon Property Group Inc.
264..................  TIF..................  Tiffany & Co.
265..................  BUCY.................  Bucyrus International Inc.
266..................  WAG..................  Walgreen Co.
268..................  IP...................  International Paper Co.
271..................  XME..................  SPDR S&P Metals & Mining
                                               ETF.
272..................  KGC..................  Kinross Gold Corp.
273..................  EP...................  El Paso Corp.
274..................  SEED.................  Origin Agritech Ltd.
275..................  WIN..................  Windstream Corp.
279..................  DHI..................  DR Horton Inc.
280..................  ADBE.................  Adobe Systems Inc.
281..................  PCX..................  Patriot Coal Corp.
282..................  SPWRA................  SunPower Corp.
284..................  LCC..................  US Airways Group Inc.
285..................  PRU..................  Prudential Financial Inc.
286..................  LEN..................  Lennar Corp.
287..................  EWT..................  iShares MSCI Taiwan Index
                                               Fund.
288..................  KBH..................  KB Home.
289..................  CREE.................  Cree Inc.
290..................  SIRI.................  Sirius XM Radio Inc.
291..................  MMR..................  McMoRan Exploration Co.
292..................  CENX.................  Century Aluminum Co.
293..................  GFI..................  Gold Fields Ltd.
------------------------------------------------------------------------

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 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) \6\ of the Act and Rule 19b-4(f)(1) \7\ 
thereunder, 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 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.
---------------------------------------------------------------------------

    \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-NYSEArca-2010-39 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-2010-39. 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

[[Page 26301]]

available for Web site viewing and copying in the Commission's Public 
Reference Section, 100 F Street, NE., Washington, DC 20549-1090 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 NYSE 
Arca's principal office. All comments received will be posted without 
change; the Commission does not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly. All submissions should refer to File Number 
SR-NYSEArca-2010-39 and should be submitted on or before June 1, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-11093 Filed 5-10-10; 8:45 am]
BILLING CODE 8010-01-P
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