Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Add 75 Classes to the Penny Pilot Program, 26313-26315 [2010-11133]
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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices
Nat’l
ranking
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Symbol
COST
MJN
ALL
SII
RTN
DVN
MT
Costco Wholesale Corp.
Mead Johnson Nutrition Co.
Allstate Corp/The.
Smith International Inc.
Raytheon Co.
Devon Energy Corp.
ArcelorMittal.
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 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.
emcdonald on DSK2BSOYB1PROD with NOTICES
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).
VerDate Mar<15>2010
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Jkt 220001
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Symbol
KBH
CREE
SIRI
MMR
CENX
GFI
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–NYSEAmex-2010–42 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-2010–42. 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 https://
www.nyse.com. All comments received
will be posted without change; the
Commission does not edit personal
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
26313
Security name
KB Home.
Cree Inc.
Sirius XM Radio Inc.
McMoRan Exploration Co.
Century Aluminum Co.
Gold Fields Ltd.
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–2010–42 and should be
submitted on or before June 1, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–11134 Filed 5–10–10; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62039; File No. SR–BX–
2010–032]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Add 75
Classes to the Penny Pilot Program
May 5, 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 April 27,
2010, NASDAQ OMX BX, Inc. (the
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
NASDAQ OMX BX, Inc. (the
‘‘Exchange’’) proposes to designate 75
options classes to be added to the Penny
Pilot Program, as referenced in Chapter
V, Section 33 of the Rules of the Boston
Options Exchange Group, LLC (‘‘BOX’’).
7 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\11MYN1.SGM
11MYN1
26314
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices
The Exchange intends to notify BOX
Options Participants of the classes to be
added to the Penny Pilot Program via
Regulatory Circular. The text of the
proposed Regulatory Circular is
attached as Exhibit 2.3
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
Symbol
emcdonald on DSK2BSOYB1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On October 19, 2009 the Exchange
submitted a proposed rule change 4 with
Company name
XLV .................
CIEN ...............
AMLN ..............
CTIC* ..............
MDT ................
TIVO ................
MNKD* ............
MDVN .............
BRKB ..............
APOL ..............
BSX .................
XLY .................
CLF .................
ZION ...............
IOC ..................
ITMN ...............
GME ................
XLK .................
AKS .................
GRMN .............
MRVL ..............
XLP .................
UNP ................
DTV .................
WMB ...............
MEE ................
CELG ..............
GMCR .............
WDC ...............
DAL .................
FXE .................
COST ..............
MJN .................
ALL ..................
SII ....................
RTN .................
DVN ................
MT ...................
19:22 May 10, 2010
Jkt 220001
JCP ................
ACL ................
STP ................
TLB ................
SYMC ............
AMED ............
TM ..................
HK ..................
ENER .............
STT ................
BHP ...............
NFLX ..............
LDK ................
SPG ...............
TIF .................
BUCY .............
WAG ..............
IP ...................
XME ...............
KGC ...............
EP ..................
SEED .............
WIN ................
DHI .................
ADBE .............
PCX ...............
SPWRA ..........
LCC ................
PRU ...............
LEN ................
EWT ...............
KBH ...............
CREE .............
SIRI 7 ..............
MMR ..............
CENX .............
GFI .................
Company name
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.
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.
months preceding the implementation month,
except that the month immediately preceding their
addition to the Pilot would not be utilized for
purposes of the six month analysis. For example,
the quarterly additions to be added on May 3, 2010
shall be determined using data from the six month
period ending March 31, 2010. The Exchange has
filed two (2) previous proposals similar to the
present proposal, for the November 2, 2009 and
February 1, 2010 expansions of 75 classes,
respectively. See Securities and Exchange Act
Release Nos. 60950 (November 6, 2009), 74 FR
58666 (November 6, 2009) (SR–BX–2009–069) and
PO 00000
the Securities and Exchange
Commission (‘‘Commission’’) to, among
other things, expand the number of
classes included in the Penny Pilot
Program over four successive quarters,
with 75 classes added in each of
November 2009, February 2010, May
2010, and August 2010.5 Options classes
with high premiums will be excluded
for the quarterly additions.6
Based on trading activity for the six
months ending March 31, 2010, the
Exchange proposes to add the following
75 classes to the Penny Pilot Program on
May 3, 2010:
Symbol
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.
3 The Commission notes that the text of the
proposed Regulatory Circular is attached at Exhibit
2 to the Form 19b–4, but is not attached to this
Notice.
4 See Securities and Exchange Act Release No.
60886 (October 27, 2009), 74 FR 56897 (November
3, 2009) (SR–BX–2009–067). This proposal was
effective immediately upon filing.
5 The quarterly additions will be effective on
November 2, 2009, February 1, 2010, May 3, 2010
and August 2, 2010, respectively. For purposes of
identifying the classes to be added per quarter, the
Exchange shall use data from the prior six calendar
VerDate Mar<15>2010
on the proposed rule change. The text
of these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
Sections A, B, and C below, of the most
significant aspects of such statements.
Frm 00130
Fmt 4703
Sfmt 4703
61456 (February 1, 2010), 75 FR 6235 (February 8,
2010) (SR–BX–2010–011). These proposals were
effective immediately upon filing.
6 The threshold for designation as ‘‘high priced’’
at the time of selection of new classes to be
included in the Penny Pilot Program is $200 per
share or a calculated index value of 200. The
determination of whether a security is trading above
$200 or above a calculated index value of 200 shall
be based on the price at the close of trading on the
Expiration Friday prior to being added to the Penny
Pilot Program.
E:\FR\FM\11MYN1.SGM
11MYN1
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Notices
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
requirements of Section 6(b) of the Act,8
in general, and Section 6(b)(5) of the
Act,9 in particular, in that it is designed
to foster cooperation and coordination
with persons engaged in regulating,
clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism for a free and open market
and a national market system and, in
general, to protect investors and the
public interest, by identifying the
options classes added to the Penny Pilot
Program in a manner consistent with
prior rule changes.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(i) of the Exchange Act 10 and
Rule 19b–4(f)(1) thereunder,11 because
it constitutes a stated policy, practice, or
interpretation with respect to the
meaning, administration, or
enforcement of an existing BOX rule. At
any time within 60 days of the filing of
the proposed rule change, the
Commission may summarily abrogate
the rule change if it appears to the
Commission that the action is necessary
or appropriate in the public interest, for
the protection of investors, or would
otherwise further the purposes of the
Act.
emcdonald on DSK2BSOYB1PROD with NOTICES
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
7 Please note that the class is presently not listed
for trading on BOX. If the class is listed for trading
on BOX at a later date it will be subject to the
applicable minimum trading increments as set forth
in Chapter V, Section 6(b) of the BOX Rules.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
10 15 U.S.C. 78s(b)(3)(A)(i).
11 17 CFR 240.19b–4(f)(1).
VerDate Mar<15>2010
19:22 May 10, 2010
Jkt 220001
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:
26315
DEPARTMENT OF STATE
[Public Notice 6997]
In the Matter of the Designation of
Nayif Bin-Muhammad al-Qahtani also
Electronic Comments
known as Nayef Bin Muhammad alQahtani also known as Nayif
• Use the Commission’s Internet
Muhammad al-Qahtani also known as
comment form (https://www.sec.gov/
Nayf Mohammed al-Qahtani also
rules/sro.shtml); or
known as Naif Mohammad Said al• Send an e-mail to ruleQahtani Alkodri also known as Naif
comments@sec.gov. Please include File
Mohammed Saeed al-Kodari al-Qahtani
Number SR–BX–2010–032 on the
also known as Nayef Bin Mohamed alsubject line.
Khatani also known as Mohammed
Paper Comments
Naif al-Khatani also known as Nayef
• Send paper comments in triplicate
bin Mohamed al-Khatany also known
to Elizabeth M. Murphy, Secretary,
as Al-Qahtani Abohemem also known
Securities and Exchange Commission,
as Abi Hamam also known as Abu100 F Street, NE., Washington DC
Hamam also known as Abu Humam
20549–1090.
also known as Abu Hammam also
All submissions should refer to File
knows as al-Qahtani as a Specially
Number SR–BX–2010–032. This file
Designated Global Terrorist pursuant
number should be included on the
to Section 1(b) of Executive Order
subject line if e-mail is used. To help the 13224, as Amended
Commission process and review your
Acting under the authority of and in
comments more efficiently, please use
only one method. The Commission will accordance with section 1(b) of
post all comments on the Commission’s Executive Order 13224 of September 23,
2001, as amended by Executive Order
Internet Web site (https://www.sec.gov/
13268 of July 2, 2002, and Executive
rules/sro.shtml). Copies of the
Order 13284 of January 23, 2003, I
submission, all subsequent
hereby determine that the individual
amendments, all written statements
with respect to the proposed rule
known as Nayif Bin-Muhammad alchange that are filed with the
Qahtani and also known as Nayef Bin
Commission, and all written
Muhammad al-Qahtani, also known as
communications relating to the
Nayif Muhammad al-Qahtani, also
proposed rule change between the
known as Nayf Mohammed al-Qahtani,
Commission and any person, other than also known as Naif Mohammad Said althose that may be withheld from the
Qahtani Alkodri, also known as Naif
public in accordance with the
Mohammed Saeed al-Kodari al-Qahtani,
provisions of 5 U.S.C. 552, will be
also known as Nayef Bin Mohamed alavailable for Web site viewing and
Khatani, also known as Mohammed Naif
printing in the Commission’s Public
al-Khatani, also known as Nayef bin
Reference Room, 100 F Street, NE.,
Mohamed al-Khatany, also known as AlWashington, DC 20549, on official
Qahtani Abohemem, also known as Abi
business days between the hours of 10
Hamam, also known as Abu-Hamam,
a.m. and 3 p.m. Copies of such filing
also known as Abu-Humam, also known
also will be available for inspection and as Abu-Hammam, also known as Abu
copying at the principal office of the
Hammam al-Qahtani committed, or
Exchange. All comments received will
poses a significant risk of committing,
be posted without change; the
acts of terrorism that threaten the
Commission does not edit personal
security of U.S. nationals or the national
identifying information from
security, foreign policy, or economy of
submissions. You should submit only
the United States.
information that you wish to make
Consistent with the determination in
available publicly. All submissions
section 10 of Executive Order 13224 that
should refer to File No. SR–BX–2010–
‘‘prior notice to persons determined to
032 and should be submitted on or
be subject to the Order who might have
before June 1, 2010.
a constitutional presence in the United
States would render ineffectual the
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
blocking and other measures authorized
authority.12
in the Order because of the ability to
Florence E. Harmon,
transfer funds instantaneously,’’ I
Deputy Secretary.
determine that no prior notice needs to
be provided to any person subject to this
[FR Doc. 2010–11133 Filed 5–10–10; 8:45 am]
determination who might have a
BILLING CODE 8010–01–P
constitutional presence in the United
12 17 CFR 200.30–3(a)(12).
States, because to do so would render
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
E:\FR\FM\11MYN1.SGM
11MYN1
]]>Agencies
[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Notices]
[Pages 26313-26315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11133]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62039; File No. SR-BX-2010-032]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Add 75
Classes to the Penny Pilot Program
May 5, 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 April 27, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
NASDAQ OMX BX, Inc. (the ``Exchange'') proposes to designate 75
options classes to be added to the Penny Pilot Program, as referenced
in Chapter V, Section 33 of the Rules of the Boston Options Exchange
Group, LLC (``BOX'').
[[Page 26314]]
The Exchange intends to notify BOX Options Participants of the classes
to be added to the Penny Pilot Program via Regulatory Circular. The
text of the proposed Regulatory Circular is attached as Exhibit 2.\3\
---------------------------------------------------------------------------
\3\ The Commission notes that the text of the proposed
Regulatory Circular is attached at Exhibit 2 to the Form 19b-4, but
is not attached to this Notice.
---------------------------------------------------------------------------
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
On October 19, 2009 the Exchange submitted a proposed rule change
\4\ with the Securities and Exchange Commission (``Commission'') to,
among other things, expand the number of classes included in the Penny
Pilot Program over four successive quarters, with 75 classes added in
each of November 2009, February 2010, May 2010, and August 2010.\5\
Options classes with high premiums will be excluded for the quarterly
additions.\6\
---------------------------------------------------------------------------
\4\ See Securities and Exchange Act Release No. 60886 (October
27, 2009), 74 FR 56897 (November 3, 2009) (SR-BX-2009-067). This
proposal was effective immediately upon filing.
\5\ The quarterly additions will be effective on November 2,
2009, February 1, 2010, May 3, 2010 and August 2, 2010,
respectively. For purposes of identifying the classes to be added
per quarter, the Exchange shall use data from the prior six calendar
months preceding the implementation month, except that the month
immediately preceding their addition to the Pilot would not be
utilized for purposes of the six month analysis. For example, the
quarterly additions to be added on May 3, 2010 shall be determined
using data from the six month period ending March 31, 2010. The
Exchange has filed two (2) previous proposals similar to the present
proposal, for the November 2, 2009 and February 1, 2010 expansions
of 75 classes, respectively. See Securities and Exchange Act Release
Nos. 60950 (November 6, 2009), 74 FR 58666 (November 6, 2009) (SR-
BX-2009-069) and 61456 (February 1, 2010), 75 FR 6235 (February 8,
2010) (SR-BX-2010-011). These proposals were effective immediately
upon filing.
\6\ The threshold for designation as ``high priced'' at the time
of selection of new classes to be included in the Penny Pilot
Program is $200 per share or a calculated index value of 200. The
determination of whether a security is trading above $200 or above a
calculated index value of 200 shall be based on the price at the
close of trading on the Expiration Friday prior to being added to
the Penny Pilot Program.
---------------------------------------------------------------------------
Based on trading activity for the six months ending March 31, 2010,
the Exchange proposes to add the following 75 classes to the Penny
Pilot Program on May 3, 2010:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Symbol Company name Symbol Company name
--------------------------------------------------------------------------------------------------------------------------------------------------------
XLV.................. Health Care Select Sector SPDR Fund. JCP................. JC Penney Co Inc.
CIEN................. Ciena Corp. ACL................. Alcon Inc.
AMLN................. Amylin Pharmaceuticals Inc. STP................. Suntech Power Holdings Co Ltd.
CTIC*................ Cell Therapeutics Inc. TLB................. Talbots Inc.
MDT.................. Medtronic Inc. SYMC................ Symantec Corp.
TIVO................. TiVo Inc. AMED................ Amedisys Inc.
MNKD*................ MannKind Corp. TM.................. Toyota Motor Corp.
MDVN................. Medivation Inc. HK.................. Petrohawk Energy Corp.
BRKB................. Berkshire Hathaway Inc. ENER................ Energy Conversion Devices Inc.
APOL................. Apollo Group Inc. STT................. State Street Corp.
BSX.................. Boston Scientific Corp. BHP................. BHP Billiton Ltd.
XLY.................. Consumer Discretionary Sel. Sec. SPDR Fund. NFLX................ NetFlix Inc.
CLF.................. Cliffs Natural Resources Inc. LDK................. LDK Solar Co Ltd.
ZION................. Zions Bancorporation. SPG................. Simon Property Group Inc.
IOC.................. InterOil Corp. TIF................. Tiffany & Co.
ITMN................. InterMune Inc. BUCY................ Bucyrus International Inc.
GME.................. GameStop Corp. WAG................. Walgreen Co.
XLK.................. Technology Select Sector SPDR Fund. IP.................. International Paper Co.
AKS.................. AK Steel Holding Corp. XME................. SPDR S&P Metals & Mining ETF.
GRMN................. Garmin Ltd. KGC................. Kinross Gold Corp.
MRVL................. Marvell Technology Group Ltd. EP.................. El Paso Corp.
XLP.................. Consumer Staples Select Sector SPDR Fund. SEED................ Origin Agritech Ltd.
UNP.................. Union Pacific Corp. WIN................. Windstream Corp.
DTV.................. DIRECTV. DHI................. DR Horton Inc.
WMB.................. Williams Cos Inc/The. ADBE................ Adobe Systems Inc.
MEE.................. Massey Energy Co. PCX................. Patriot Coal Corp.
CELG................. Celgene Corp. SPWRA............... SunPower Corp.
GMCR................. Green Mountain Coffee Roasters Inc. LCC................. US Airways Group Inc.
WDC.................. Western Digital Corp. PRU................. Prudential Financial Inc.
DAL.................. Delta Air Lines Inc. LEN................. Lennar Corp.
FXE.................. CurrencyShares Euro Trust. EWT................. iShares MSCI Taiwan Index Fund.
COST................. Costco Wholesale Corp. KBH................. KB Home.
MJN.................. Mead Johnson Nutrition Co. CREE................ Cree Inc.
ALL.................. Allstate Corp/The. SIRI \7\............ Sirius XM Radio Inc.
SII.................. Smith International Inc. MMR................. McMoRan Exploration Co.
RTN.................. Raytheon Co. CENX................ Century Aluminum Co.
DVN.................. Devon Energy Corp. GFI................. Gold Fields Ltd.
MT................... ArcelorMittal.
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[[Page 26315]]
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest,
by identifying the options classes added to the Penny Pilot Program in
a manner consistent with prior rule changes.
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\7\ Please note that the class is presently not listed for
trading on BOX. If the class is listed for trading on BOX at a later
date it will be subject to the applicable minimum trading increments
as set forth in Chapter V, Section 6(b) of the BOX Rules.
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(i) of the Exchange Act \10\ and Rule 19b-4(f)(1)
thereunder,\11\ because it constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing BOX rule. At any time within 60 days of the
filing of the proposed rule change, the Commission may summarily
abrogate the rule change if it appears to the Commission that the
action is necessary or appropriate in the public interest, for the
protection of investors, or would otherwise further the purposes of the
Act.
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\10\ 15 U.S.C. 78s(b)(3)(A)(i).
\11\ 17 CFR 240.19b-4(f)(1).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-BX-2010-032 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington DC 20549-1090.
All submissions should refer to File Number SR-BX-2010-032. 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 the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BX-2010-032 and should be
submitted on or before June 1, 2010.
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\12\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-11133 Filed 5-10-10; 8:45 am]
BILLING CODE 8010-01-P
