Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add 75 Options Classes To the Penny Pilot Program, 47054-47056 [2010-19220]

Download as PDF 47054 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices Number SR–NASDAQ–2010–095 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–NASDAQ–2010–095. 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 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 offices 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 Number SR–NASDAQ–2010–095, and should be submitted on or before August 25, 2010. Nat’l ranking [FR Doc. 2010–19219 Filed 8–3–10; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62594; File No. SR–ISE– 2010–79] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add 75 Options Classes To the Penny Pilot Program July 29, 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 July 23, 2010, the International Securities Exchange, LLC (the ‘‘Exchange’’ or the ‘‘ISE’’) filed with the Securities and Exchange Commission the proposed rule change as described in Items I and II 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 theTerms of Substance of the Proposed Rule Change The ISE proposes to designate 75 options classes to be added to the pilot program to quote and to trade certain options in pennies (the ‘‘Penny Pilot’’) on August 2, 2010. The text of the proposed rule change is available on the Exchange’s Web site (https:// www.ise.com), at the principal office of Nat’l ranking Symbol Security name ........... ........... ........... ........... ........... ........... ........... ........... MBI .......... MA ........... ATPG ...... YUM ........ RCL ......... BPOP ...... EK ........... CNX ......... MBIA Inc ....................................................... Mastercard Inc .............................................. ATP Oil & Gas Corp/United States .............. Yum! Brands Inc ........................................... Royal Caribbean Cruises Ltd ....................... Popular Inc ................................................... Eastman Kodak Co ...................................... Consol Energy Inc ........................................ 316 320 322 323 324 325 326 327 .......... .......... .......... .......... .......... .......... .......... .......... CB ADM HSY TXT GGP NOV TWX XOP 260 ........... 274 ........... 277 ........... DCTH ...... MTG ........ PXP ......... Delcath Systems Inc .................................... MGIC Investment Corp ................................ Plains Exploration & Production Co ............. 328 .......... 329 .......... 330 .......... MYL TSO CI 199 205 224 226 232 238 248 252 mstockstill on DSKH9S0YB1PROD with NOTICES For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Florence E. Harmon, Deputy Secretary. 7 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 60865 (October 22, 2009), 74 FR 55880 (October 29, 2009) 1 15 VerDate Mar<15>2010 16:26 Aug 03, 2010 Jkt 220001 Frm 00156 Fmt 4703 Sfmt 4703 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 ISE proposes to identify the next 75 options classes to be added to the Penny Pilot effective August 2, 2010. The Exchange recently received approval to extend and expand the Penny Pilot through December 31, 2010.3 In that filing, the Exchange had proposed expanding the Penny 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 ISE proposes to add the following 75 options classes to the Penny Pilot on August 2, 2010, based on national average daily volume from January 1, 2010 through June 30, 2010: Symbol (SR–ISE–2009–82). The Commission notes that this proposed rule change was submitted pursuant to Section 19(b)(3)(A)(iii) of the Act and was, therefore, effective upon filing. The Commission PO 00000 the Exchange, and at the Commission’s Public Reference Room. Security name Chubb Corp Archer-Daniels-Midland Co Hershey Co/The Textron Inc General Growth Properties Inc National Oilwell Varco Inc Time Warner Inc SPDR S&P Oil & Gas Exploration & Production ETF Mylan Inc/PA Tesoro Corp CIGNA Corp does not approve proposed rule changes submitted pursuant to this section of the Act. 4 Index products would be included in the expansion if the underlying index level was under 200. E:\FR\FM\04AUN1.SGM 04AUN1 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices 47055 Nat’l ranking Symbol Security name Nat’l ranking 278 ........... 280 ........... 282 ........... GPS ......... TSL .......... EWW ....... 331 .......... 332 .......... 335 .......... ESI NKE FIS ITT Educational Services Inc NIKE Inc Fidelity National Information Services Inc 283 286 287 288 290 291 292 293 294 ........... ........... ........... ........... ........... ........... ........... ........... ........... CRM ........ SWN ........ HBAN ...... EOG ........ APA ......... VVUS ...... JDSU ....... ACI .......... NE ........... Gap Inc/The .................................................. Trina Solar Ltd .............................................. iShares MSCI Mexico Investable Market Index Fund. Salesforce.com Inc ....................................... Southwestern Energy Co ............................. Huntington Bancshares Inc/OH .................... EOG Resources Inc ..................................... Apache Corp ................................................ Vivus Inc ....................................................... JDS Uniphase Corp ..................................... Arch Coal Inc ................................................ Noble Corp ................................................... 336 338 340 341 342 343 344 345 346 .......... .......... .......... .......... .......... .......... .......... .......... .......... SUN BBBY APWR FWLT LNC RSH TYC CL FXP 296 297 299 300 302 303 305 306 307 308 309 310 311 312 314 ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... BAX ......... ADSK ...... KRE ......... XL ............ WLT ......... IBN .......... EWY ........ WHR ........ BHI .......... KMP ........ MRO ........ AGO ........ GIS .......... ANR ......... GENZ ...... Baxter International Inc ................................ Autodesk Inc ................................................. SPDR KBW Regional Banking ETF ............. XL Group Plc ................................................ Walter Energy Inc ......................................... ICICI Bank Ltd .............................................. iShares MSCI South Korea Index Fund ...... Whirlpool Corp .............................................. Baker Hughes Inc ......................................... Kinder Morgan Energy Partners LP ............. Marathon Oil Corp ........................................ Assured Guaranty Ltd .................................. General Mills Inc .......................................... Alpha Natural Resources Inc ....................... Genzyme Corp ............................................. 347 .......... 348 .......... 349 .......... 350 .......... 351 .......... 352 .......... 353 .......... 354 .......... 355 .......... 356 .......... 357 .......... 358 .......... 359 .......... 360 .......... ................. NTAP SO PHM HOT QLD VRSN PCL NBR ESRX ACAS XLNX DO CMA KEY Sunoco Inc Bed Bath & Beyond Inc A–Power Energy Generation Systems Ltd Foster Wheeler AG Lincoln National Corp RadioShack Corp Tyco International Ltd Colgate-Palmolive Co ProShares UltraShort FTSE/Xinhua China 25 NetApp Inc Southern Co Pulte Group Inc Starwood Hotels & Resorts Worldwide Inc ProShares Ultra QQQ VeriSign Inc Plum Creek Timber Co Inc Nabors Industries Ltd Express Scripts Inc American Capital Ltd Xilinx Inc Diamond Offshore Drilling Inc Comerica Inc KeyCorp 2. Basis The basis under the Securities Exchange Act of 1934 (the ‘‘Exchange Act’’) for this proposed rule change is found in Section 6(b)(5), in that the proposed rule change 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. In particular, the proposed rule change identifies the options classes to be added to the Penny Pilot in a manner consistent with prior approvals and filings. B. Self-Regulatory Organization’s Statement on Burden on Competition mstockstill on DSKH9S0YB1PROD with NOTICES The proposed rule change does not 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 The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any written comments from members or other interested parties. VerDate Mar<15>2010 16:26 Aug 03, 2010 Jkt 220001 Symbol 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) 5 of the Exchange Act and Rule 19b–4(f)(1) 6 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 the 60-day period beginning on the date of the filing of the proposed rule change, the Commission summarily may temporarily suspend 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: 5 15 6 17 PO 00000 U.S.C. 78s(b)(3)(A)(i). CFR 240.19b–4(f)(1). Frm 00157 Fmt 4703 Sfmt 4703 Security name 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–ISE–2010–79 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–ISE–2010–79. 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 E:\FR\FM\04AUN1.SGM 04AUN1 47056 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Notices 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 ISE. 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–ISE–2010–79 and should be submitted on or before August 25, 2010. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Florence E. Harmon, Deputy Secretary. 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 [FR Doc. 2010–19220 Filed 8–3–10; 8:45 am] 1. Purpose BILLING CODE 8010–01–P Currently, the Exchange provides a limited exception to its general limitation of liability rules that allows for the payment of claims to Users 3 for order processing failures on the Exchange. The Exchange proposes to modify its process for allocating such payments and extend the time period for Users to submit such claims. Under the proposal, the Exchange will eliminate the $100,000 and $250,000 daily caps on liability and consider all such claims on a monthly basis subject to the already existing $500,000 monthly liability cap. If the total amount of all claims from all Users in calendar month exceeds the $500,000 monthly liability cap, the $500,000 maximum monthly dollar amount will be proportionally allocated among all such claims as set forth in the current rule. The Exchange is also proposing to extend, until 12 noon ET on the next business day following the day on which the use of the Exchange gives rise to the claim, the time period during which claims seeking compensation must be submitted. The proposal, in effect, would allow the Exchange an increased capability to compensate a market participant(s) up to the monthly cap of $500,000 even though the losses occurred on a single day or were across multiple days for a single participant. The expansion of time to make such compensation claims likewise increases the ability of market participants to submit claims in a timely manner. Finally, the Exchange notes that other market centers have rules in SECURITIES AND EXCHANGE COMMISSION [Release No. 34–62588; File No. SR–EDGA– 2010–08] Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend EDGA Rule 11.12 July 29, 2010. mstockstill on DSKH9S0YB1PROD with NOTICES 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 July 22, 2010, the EDGA Exchange, Inc. (the ‘‘Exchange’’or the ‘‘EDGA’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II 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 the Substance of the Proposed Rule Change The Exchange proposes to amend EDGA Rule 11.12 to modify potential liability caps applicable under the rule. The text of the proposed rule change is available on the Exchange’s Internet Web site at https://www.directedge.com, at the principal office of the Exchange, on the Commission’s Internet Web site at https://www.sec.gov, and at the Commission’s Public Reference Room. 3 Exchange Rule 1.5(cc) defines ‘‘User’’as ‘‘any Member or Sponsored Participant who is authorized to obtain access to the System pursuant to Rule 11.3.’’ 7 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. VerDate Mar<15>2010 16:26 Aug 03, 2010 Jkt 220001 PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 place to provide limited compensation for system malfunctions.4 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,5 in general, and Section 6(b)(5) of the Act,6 in particular, in that the proposal is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, 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 of a free and open market and a national market system, and in general, to protect investors and the public interest. The proposal, in effect, would allow the Exchange an increased capability to compensate a market participant(s) up to the monthly cap of $500,000 even though the losses occurred on a single day or were across multiple days for a single participant. The expansion of time to make such compensation claims likewise increases the ability of market participants to submit claims in a timely manner. B. Self-Regulatory Organization’s Statement on Burden on Competition The proposed rule change does not 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 The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 7 and Rule 19b–4(f)(6) thereunder.8 Because the proposed rule change does not: (i) Significantly affect the protection of 4 See Securities Exchange Act Release No. 60794 (October 6, 2009), 74 FR 52522 (October 13, 2009) (SR–NASDAQ–2009–084) (relating to amendments to NASDAQ Rule 4626); NYSE Arca Equities Rule 13.2; and International Securities Exchange Rule 705. 5 15 U.S.C. 78f. 6 15 U.S.C. 78f(b)(5). 7 15 U.S.C. 78s(b)(3)(A)(iii). 8 17 CFR 240.19b–4(f)(6). E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Notices]
[Pages 47054-47056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19220]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62594; File No. SR-ISE-2010-79]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Add 75 Options Classes To the Penny Pilot Program

July 29, 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 July 23, 2010, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change as described in Items I and II
below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

The ISE proposes to designate 75 options classes to be added to the
pilot program to quote and to trade certain options in pennies (the
``Penny Pilot'') on August 2, 2010. The text of the proposed rule
change is available on the Exchange's Web site (https://www.ise.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 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
ISE proposes to identify the next 75 options classes to be added to
the Penny Pilot effective August 2, 2010. The Exchange recently
received approval to extend and expand the Penny Pilot through December
31, 2010.\3\ In that filing, the Exchange had proposed expanding the
Penny 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 Securities Exchange Act Release No. 60865 (October 22,
2009), 74 FR 55880 (October 29, 2009) (SR-ISE-2009-82). The
Commission notes that this proposed rule change was submitted
pursuant to Section 19(b)(3)(A)(iii) of the Act and was, therefore,
effective upon filing. The Commission does not approve proposed rule
changes submitted pursuant to this section of the Act.
\4\ Index products would be included in the expansion if the
underlying index level was under 200.
---------------------------------------------------------------------------

ISE proposes to add the following 75 options classes to the Penny
Pilot on August 2, 2010, based on national average daily volume from
January 1, 2010 through June 30, 2010:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Nat'l ranking Symbol Security name Nat'l ranking Symbol Security name
--------------------------------------------------------------------------------------------------------------------------------------------------------
199............................... MBI................. MBIA Inc................. 316................. CB Chubb Corp
205............................... MA.................. Mastercard Inc........... 320................. ADM Archer-Daniels-Midland Co
224............................... ATPG................ ATP Oil & Gas Corp/United 322................. HSY Hershey Co/The
States.
226............................... YUM................. Yum! Brands Inc.......... 323................. TXT Textron Inc
232............................... RCL................. Royal Caribbean Cruises 324................. GGP General Growth Properties
Ltd. Inc
238............................... BPOP................ Popular Inc.............. 325................. NOV National Oilwell Varco
Inc
248............................... EK.................. Eastman Kodak Co......... 326................. TWX Time Warner Inc
252............................... CNX................. Consol Energy Inc........ 327................. XOP SPDR S&P Oil & Gas
Exploration & Production
ETF
260............................... DCTH................ Delcath Systems Inc...... 328................. MYL Mylan Inc/PA
274............................... MTG................. MGIC Investment Corp..... 329................. TSO Tesoro Corp
277............................... PXP................. Plains Exploration & 330................. CI CIGNA Corp
Production Co.

[[Page 47055]]

278............................... GPS................. Gap Inc/The.............. 331................. ESI ITT Educational Services
Inc
280............................... TSL................. Trina Solar Ltd.......... 332................. NKE NIKE Inc
282............................... EWW................. iShares MSCI Mexico 335................. FIS Fidelity National
Investable Market Index Information Services Inc
Fund.
283............................... CRM................. Salesforce.com Inc....... 336................. SUN Sunoco Inc
286............................... SWN................. Southwestern Energy Co... 338................. BBBY Bed Bath & Beyond Inc
287............................... HBAN................ Huntington Bancshares Inc/ 340................. APWR A-Power Energy Generation
OH. Systems Ltd
288............................... EOG................. EOG Resources Inc........ 341................. FWLT Foster Wheeler AG
290............................... APA................. Apache Corp.............. 342................. LNC Lincoln National Corp
291............................... VVUS................ Vivus Inc................ 343................. RSH RadioShack Corp
292............................... JDSU................ JDS Uniphase Corp........ 344................. TYC Tyco International Ltd
293............................... ACI................. Arch Coal Inc............ 345................. CL Colgate-Palmolive Co
294............................... NE.................. Noble Corp............... 346................. FXP ProShares UltraShort FTSE/
Xinhua China 25
296............................... BAX................. Baxter International Inc. 347................. NTAP NetApp Inc
297............................... ADSK................ Autodesk Inc............. 348................. SO Southern Co
299............................... KRE................. SPDR KBW Regional Banking 349................. PHM Pulte Group Inc
ETF.
300............................... XL.................. XL Group Plc............. 350................. HOT Starwood Hotels & Resorts
Worldwide Inc
302............................... WLT................. Walter Energy Inc........ 351................. QLD ProShares Ultra QQQ
303............................... IBN................. ICICI Bank Ltd........... 352................. VRSN VeriSign Inc
305............................... EWY................. iShares MSCI South Korea 353................. PCL Plum Creek Timber Co Inc
Index Fund.
306............................... WHR................. Whirlpool Corp........... 354................. NBR Nabors Industries Ltd
307............................... BHI................. Baker Hughes Inc......... 355................. ESRX Express Scripts Inc
308............................... KMP................. Kinder Morgan Energy 356................. ACAS American Capital Ltd
Partners LP.
309............................... MRO................. Marathon Oil Corp........ 357................. XLNX Xilinx Inc
310............................... AGO................. Assured Guaranty Ltd..... 358................. DO Diamond Offshore Drilling
Inc
311............................... GIS................. General Mills Inc........ 359................. CMA Comerica Inc
312............................... ANR................. Alpha Natural Resources 360................. KEY KeyCorp
Inc.
314............................... GENZ................ Genzyme Corp............. .................... .................. .........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

2. Basis
The basis under the Securities Exchange Act of 1934 (the ``Exchange
Act'') for this proposed rule change is found in Section 6(b)(5), in
that the proposed rule change 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. In particular, the
proposed rule change identifies the options classes to be added to the
Penny Pilot in a manner consistent with prior approvals and filings.

B. Self-Regulatory Organization's Statement on Burden on Competition

The proposed rule change does not 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

The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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) \5\ of the Exchange Act and Rule 19b-4(f)(1) \6\
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.
---------------------------------------------------------------------------

\5\ 15 U.S.C. 78s(b)(3)(A)(i).
\6\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

At any time within the 60-day period beginning on the date of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend 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 rule-comments@sec.gov. Please include
File Number SR-ISE-2010-79 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-ISE-2010-79. 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

[[Page 47056]]

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 ISE. 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-ISE-2010-79 and should be
submitted on or before August 25, 2010.
---------------------------------------------------------------------------

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

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19220 Filed 8-3-10; 8:45 am]
BILLING CODE 8010-01-P

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